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MINUTES OF REGULAR BOARD MEETINGOFSOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITYSEPTEMBER 27, 2018The Regular Meeting of the Board of the SoutheasternPennsylvania Transportation Authority was held on Thursday,September 27, 2018 at 3:04 PM, in the Board Room of the Authority,with the Chairman in the Chair.Attending the meeting were the following Board Members:Pasquale T. Deon, Sr., ChairmanThomas E. Babcock, Vi e ChairmanJoseph E. Brion, EsquireMichael A. Carroll, P.E.Honorable Stewart J. GreenleafKevin L. Johnson, P.E.John I. KaneObra S. Kernodle, IVDaniel J. Kubik (via telephone)Honorable Kenneth LawrenceWilliam J. Leonard, EsquireHonorable Charles H. MartinHonorable Marcy Toepel (via telephone)Present from the staff:Jeffrey D. Knueppel - General ManagerRichard G. Burnfield - Deputy General Manager/TreasurerGino Benedetti, Esquire - General CounselStephen A. Jobs - ControllerCarol R. Looby - SecretaryStephanie Deiger - AGM, Employee Development RelationsKim Scott Heinle - AGM, Customer ServiceFrancis E. Kelly - AGM, Government & Public AffairsRobert L. Lund - AGM, Engineering, Maintenance & ConstructionScott A. Sauer - AGM, OperationsMr. Deon called the Regular Meeting of the Board to order.He said the Special Meeting, which was noticed, was cancelled.Mr. Deon announced that Danny Kubik and Representative Toepelwould be participating by phone.Mr. Kubik and RepresentativeToepel acknowledged their presence.Pledge of Allegiance was observed.Mr. Deon announced that the Board met in Executive Sessionjust prior to the meeting to discuss legal matters.He statedthat if there were speakers who wished to address agenda itemsthey would be called before the Board voted on the item and askedthat they limit their remarks to two minutes.He said speakerswishing to address items not on the agenda would be called afterthe regular business of the Board was completed.
Minutes of Regular Board MeetingSeptember 27, 2018Approval of MinutesMr. Deon entertained a Motion regarding the Minutes of theJuly 26th Regular Board meeting, which had been circulated.Commissioner Lawrence moved, Commissioner Martin seconded, andthe Minutes were unanimously approved.Financial ReportMr. Burnfield reported that for the first two months ofFiscal Year 2018 revenue was below budget by 600,000.He saidexpenses were under budget by 1.6 million and year-to-date therewas a surplus of 1 million.Mr. Deon entertained a Motion to adopt the Financial Report.Mr. Johnson moved, Mr. Kernodle seconded and it was unanimouslyadopted.The August Financial Report is received and filedattached to these Minutes as Exhibit "A."Mr.items.andisDeon then called for speakers wishing to address agendaSpeakersLance HaverMr. Haver stated that he was asking the Board to appoint acommittee to review the Key Card's operation, rules and fees.Hestated to start with it, it was important to understand just howmany Philadelphians were unbanked, without credit cards and howmany of those Philadelphians ride SEPTA. He said then to ask whywe were asking those riders to pay higher costs in fares becausethey were low income.Mr. Haver said according to SEPTA's annual operating report,42 percent of its riders have incomes under 35,000 a year.Hesaid that while there was no data on how many of those riderswere unbanked and without credit cards, he stated that we knowfrom the census data, that 30.percent of low to moderate incomepeople were without credit cards and from the FIDC study, it wasknown that 20 percent of low income families were unbanked.Mr. Haver stated that for those tens of thousands of riderswho do not have credit cards and who were unbanked, we should beasking if the Key Card was an improvement or does it make it morecostly to ride SEPTA.He stated that in the past these riderscould purchase tokens at all SEPTA locations that currently offerstations to put money on Key cards and from many other locationswithout paying a transaction fee and even from a re la ti ve orfriend who could buy tokens for them. Mr. Haver said this was no2
Minutes of Regular Board MeetingSeptember 27, 2018longer the case. He said that if one does not have a credit cardor bank account, the only way one could put money on the card wasby getting to a SEPTA station that has a machine, or paying aservice fee as high as 25 percent.Mr. Haver stated that from the beginning of the ride, thecurrent system seems to put those unbanked and without creditcards at a disadvantage.He said that when one swipes the cardit does not give the balance on the card unlike EZ Pass thatgives a low balance warning. He mentioned that he could not finda written policy of what the driver should do when the cardappears not to have enough for the ride, and even if the riderwould get off of the bus and look for a location to load thecard, he said it would be almost impossible to find one.Mr. Haver stated that the SEPTA Ap which tells one where allof the buses were located does not tell where there was a placeto put more money on the card.He added that if one was to planahead and actually have the list that was on the SEPTA web pageand, not available on the SEPTA Ap, one would find that the listwas not reliable.Mr. Haver mentioned that of the two locationsnear his residence, the first location, Forman's Pawn Shop,refuses to sell the card stating they were not set up to sellthem even though it was listed on the SEPTA webpage.He said thesecond location was a tag place that charges 2 per 20 to loadthe card.He said that if he did not have a credit card becausehe could not qualify for one, he would pay more to ride SEPTA.He asked, "How was this just or fair for something we simply wantto do."Mr. Haver also mentioned that SEPTA does off er a KeyMaster Card/Debit Card for those that do not have a credit cardbut the fees for that card were exorbitant, with a 4.95 monthlyfee for the card and charges undisclosed fees when the card wasloaded "from a third party"; 2 when it was loaded from a SEPTAmachine; and .95 to check the balance.He added that inaddition to the ATM fees, it charges a 1.95 if you wanted to getsome of your money off of it.He said that if one kept 650 amonth on it, the fees would be waived. Mr. Haver commented thatif one had 650 they would not have to use that card. He said inaddition to all of those issues, it also has a mandatoryarbitration clause stating that consumers were unable to file ajoint class action if the card was cheating them.Mr. Haver said SEPTA should be helping its low-income ridersand not punishing them by making it harder for them then it wasin the past.He added that SEPTA should not allow anydebit/credit card company or check cashing agency to takeadvantage of its riders who were unbanked.Mr. Haver closed by urging the Board to set up a committeeof Board Members, financial experts and low income advocates toreview how the Key system was working outside of Center City andhow well it was working for the 42 percent of its riders who make3
Minutes of Regular Board MeetingSeptember 27, 2018less than 35,000 a year.Mr. Deon asked Mr.the Board Meeting.Burnfield to meet with Mr.Haver afterConsent CalendarMr.Deonconsisted alPartnersInvestment Management as Investment Managers;"Calendar,andwhichArrowhead"Renewal of Property Insurance for the Transit,RailDivisions, and Builders Risk Insurance for Various Projects, andAdditional Placement of Bridge Insurance and Terrorism RiskInsurance Act Coverage;""Authorization to Execute a Consultant Amendment;""Lease by SEPTA to Broaddus Trust of Approximately 8, 000Square Feet of Vacant Ground Along the Former Reading RailroadBethlehem Branch Located in Perkasie, Bucks County;""Lease by Philadelphia Suburban Development Corporation toSEPTA of Approximately 6,700 Square Feet of Warehouse and StorageSpace Required for the Ancillary Control Center Project Locatedin Philadelphia, Pennsylvania;""Grant of License by SEPTA to Level 3 Communications, LLCfor a Subterranean Fiber Optic Cable Transverse Crossing Underthe Norristown Line Railroad Right-of-Way Located in WhitemarshTownship, Montgomery County;""License by SEPTA to Commonwealth Real Estate Investors of a22,000 Square Foot Portion of the West Chester Branch Right-ofWay Located in Middletown Township, Delaware County;""Authorization to Award Contracts for Various Procurements;""Award of Contracts for Sole Source Procurements;" and"Authorization to Execute Amendments."Mr. Deon noted that the following agenda i terns have anDevelopment Corporation to SEPTA of Approximately 6, 700 SquareFeet of Warehouse and Storage Space Required for the AncillaryControl Center Project Located in Philadelphia, Pennsylvania" andItem III.B.l. "Authorization to Award Contracts for VariousProcurements" and that copies of the revised Resolutions wereprovided to the Board. He stated that all of the remaining items4
Minutes of Regular Board MeetingSeptember 27, 2018on the Consent Calendar were reviewed by the appropriate BoardCommittees in public olutions. Commissioner Lawrence moved, Commissioner Martinseconded and the following Resolutions were unanimously adopted.I.A. APPOINTMENT OF GOLUB CAPITAL PARTNERS ANDARROWHEAD INVESTMENT MANAGEMENT AS INVESTMENT MANAGERS"WHEREAS,Board revisedand Operatinginvestment ofon February 24, 2011 the Pension Committee of thethe Statement of Investment Policy and ObjectivesGuidelines ("Policy Statement") which governs thethe funds of the pension plans of SEPTA; andWHEREAS, the Policy Statement, which can be amended by thePension Committee from time-to-time as deemed appropriate and inthe best interests of the Authority's Pension Plan, providesinvestment guidelines and investment return expectations for allinvestment managers; andWHEREAS, the Policy Statement includes private debt as apermissible investment within the private equity asset class; andWHEREAS, at the June 21, 2018 Pension Committee meeting, PFMAdvisors, SEPTA' s Pension Plan consultant, provided the PensionCommittee an introduction to Private Debt investments detailingthe characteristics of theasset class and the distinctionbetween bank loans, public debt and private debt investments; andWHEREAS, at the June 21, 2018 Pension Committee meeting, PFMAdvisors provided the Pension Committee with performance data andmanager information for several private debt managers, and afterreview of the performance data and discussion, the Committeedecided to interview three managers, eve Credit Partners, GolubCapital Partners, and Arrowhead Investment Management; andWHEREAS, at the July 19, 2018 Pension Committee meeting,representatives of eve Credit Partners, Golub Capital Partnersand Arrowhead Investment Management made presentations andresponded to questions from Pension Committee members, staff andPFM Advisors, and the committee subsequently discussed in detaileach of the private debt managers' investment characteristics,risks and projected returns; andWHEREAS, at the July 26, 2018 Pension Committee meeting,members of the committee held further discussions regarding themerits and risks of investing in private debt and specifically,investing with the three private debt managers that the committeehad interviewed; and5
Minutes of Regular Board MeetingSeptember 27, patibility of the funds with the overall portfolio of thePension Plan, PFM Advisors recommended and the Pension Committeeagreed to appoint Golub Capital Partners and Arrowhead InvestmentManagement as Private Debt investment managers with respect tothe investment of SEPTA's pension funds, with initial funding tobe determined by the Pension Committee.NOW, THEREFORE, BE IT RESOLVED, that the Board herebydesignates and appoints Golub Capital Partners and ArrowheadInvestment Management as investment managers of Private Debtinvestments for the SEPTA Pension Plan.FURTHER RESOLVED, that the Board hereby authorizes theproper officers of SEPTA (i) to execute and deliver all documentsthat will enable SEPTA to enter into an investment managementagreement with Golub Capital Partners and Arrowhead InvestmentManagement as investment managers of Private Debt investments forthe SEPTA Pension Plan; (ii) to take such action necessary tofund the investment with Golub Capital Partners and ArrowheadInvestment Management in such amounts and at such times asapproved by the Pension Committee; and (iii) to do any and allother things that may be necessary in order to effectuate thisResolution."II.A. RENEWAL OF PROPERTY INSURANCE FOR THETRANSIT, RAIL DIVISIONS, AND BUILDERS RISK INSURANCEFOR VARIOUS PROJECTS, AND ADDITIONAL PLACEMENT OFBRIDGE INSURANCE AND TERRORISM RISK INSURANCE ACT COVERAGE"WHEREAS, SEPTA' s current property insurance program withFactory Mutual Insurance Company ("Factory Mutual") for transit,rail divisions and builder's risk for various projects has a 750million limit of coverage above a 2.5 million self-insuredretention on a per occurrence basis, at a consolidated expiringpremium (inclusive of property appraisals for various locations,fees and broker commissions) of 1,635,628 for 7.24 billion ofinsured value of assets expires on October 1, 2018, and alsoincludes a 5 million sublimit of Terrorism Risk Insurance Act("TRIA") coverage; nsurance for 2018-2019, the Risk Management Department and theRisk Management Advisory Committee ("RMAC") conducted a review ofSEPTA's property loss exposure which included insured values, ananalysis of both concentrated asset values and loss history, andupdating of the values of the rolling stock, and recent propertyappraisal of SEPTA's 25 largest properties which, resulted in anincrease in asset values of 266 million, bringing the totalvalue of assets to be insured to 7.5 billion; and6
Minutes of Regular Board MeetingSeptember 27, 2018WHEREAS, in addition thereto, staff's previous assessment ofuninsured risks determined a need to insure over 400 bridges thatSEPTA uses daily if a reasonable premium could be obtained; andWHEREAS,2017, Factorycredits untilif eliminatedyear, anddue to catastrophic natural events that occurred inMutual has postponed a decision to issue membershipthe conclusion of the natural hazards season, andthereby significantly impact the premium for thisWHEREAS, Factory Mutual has proposed to underwrite renewalof the 750 million limit of property coverage in excess of the 2.5 million self-insured retention at an annual premium of 1,636,000 effective on October 1, 2018; andWHEREAS, Aon Crisis Management ("Aon") conducted a marketingeffort for an increased TRIA coverage limit above the existing 5million in the Factory Mutual Program, which resulted in the mostcost effective option again being a stand-alone policy of 10 0million per occurrence placed with Lloyd's of London ("Lloyd's")at a cost of 61,001, inclusive of commissions and fees; andWHEREAS, Chubb Insurance Company ("Chubb") was the onlycarrier to submit quotes to insure SEPTA'S bridges, and ofChubb's two limit options, the RMAC has recommended the 25million limitin excess of SEPTA's current 2.5 million selfinsured limit, at a total annual cost of 136,861; andWHEREAS, the total costs for the 2018-2019 policy year alsoincludes brokerage commissions to the RMAC of 20% or 327, 200,plus surplus lines, stamping and policy fees of 650; andWHEREAS, the proposed renewal coverages for the new program,as proposed by Factory Mutual, Lloyd's and Chubb, total acombined annual premium of 2,161,712; andWHEREAS, the Risk Management staff, with the concurrence ofthe RMAC, requested that the General Manager recommend that theBoard authorize SEPTA to (i} place with Factory Mutual the 750million in property insurance in excess of the 2.5 million selfinsured retention for property insurance; (ii) place with Aonthrough Lloyd's the 100 million in TRIA coverage; and (iii)place with Chubb the 25 million in bridge insurance in excess ofthe 2.5 million self-insured limit for property insurance, alongwith the commissions to the RMAC, under such terms and conditionsas set forth above and more fully described in the pertinentstaff summary, at an annual premium and total program cost not toexceed 2,161,712; andWHEREAS,Board.the General Manager made the recommendation to the7
Minutes of Regular Board MeetingSeptember 27, 2018NOW, THEREFORE, BE IT RESOLVED, that the Board herebyauthorizes SEPTA to obtain and place (i) property insurance withFactory Mutual Insurance Company for 750 million in primarycoverage with a 2.5 million per occurrence self-insuranceretention; (ii) stand-alone Terrorism Risk Insurance Act coveragewith Aon Crisis Management through Lloyd's of London with a limitof 100 million; and (iii) property insurance for bridges withChubb Insurance Company for 25 million in property coverage witha 2.5 million per occurrence self-insured retention, at acombined annual premium not to exceed 2,161,712, for a period ofone year that will commence on October 1, 2018.FURTHER RESOLVED, that the Board hereby authorizes SEPTA tofund in conjunction with the 2018-2019 property insurance renewalprogram brokerage commissions to the Risk Management AdvisoryCommittee of 327,200, along with surplus lines and policy feesof 650.FURTHER RESOLVED, that the Board hereby authorizes theGeneral Manager and other appropriate off ice rs to execute alldocuments, in form approved by the Office of General Counsel, andto do any and all other things as shall be necessary and proper,in order to effectuate the purpose of this Resolution."II.B. AUTHORIZATION TO EXECUTE A CONTRACT AMENDMENT"WHEREAS,additional workproject identified below; andisrequiredtocompletetheWHEREAS, staff reviewed the cost of the additional work andthe General Manager recommended that the Board authorize SEPTA toorder the additional work.NOW, THEREFORE, BE IT RESOLVED, that the Board herebyauthorizes SEPTA to award and the General Manager or his designeeto execute an amendment identified below in form approved by theOffice of General Counsel, subject to the concurrence of sadvantaged Business Enterprise requirements:1.To Michael Baker International, Inc., for Amendment No.1, which provides for expansion of the balance of the value underSEPTA's current contract for Testing and Environmental ConsultingServices (TES) to allow continued usage for scheduled projects,at an increase in cost not to exceed 750,000, bringing the totalcontract amount, including this amendment, to an amount not toexceed 5,750,000."8
Minutes of Regular Board MeetingSeptember 27, 2018III.A.1. LEASE BY SEPTA TO BROADDUS TRUST OF APPROXIMATELY 8,000SQUARE FEET OF VACANT GROUND ALONG THE FORMER READING RAILROADBETHLEHEM BRANCH LOCATED IN PERKASIE, BUCKS COUNTY"WHEREAS, on December 18, 1967 SEPTA, as successor to theReading Company ("Reading"), acquired an original land lease (aslessor) of a narrow 20-foot by 400-foot strip of land (8, 000square feet) situated between Reading's Bethlehem Branch and theproperty of Prodesco, Inc. d/b/a the Secant Group, LLC ("Secant")(as lessee) located in the southeastern quadrant of 700 ParkAvenue in Perkasie,Bucks County,for use as supplementalparking; andWHEREAS, on January 1, 2017 Secant performed an unauthorizedand nonbinding assignment of the original lease to Broaddus Trust("Broaddus") who is now selling the property adjacent to theleased premises, and has requested SEPTA' s agreement to enterinto a new lease with the right to assign it to a successivebuyer; andWHEREAS,whileSEPTA isunwilling tograntBroadduspermission to assign the original lease since Broaddus was itselfan authorized assignee thereof, SEPTA has agreed to enter into anew lease with Broaddus in resolution of this matter; andWHEREAS, the original lease is considered land-locked and isaccessible only via the Broaddus property and the railroad, whichcurrently operates as freight-only under a lease agreement fromSEPTA to East Penn Railroad, LLC, with the original leasedpremises being excluded therefrom; andWHEREAS, the proposed new lease between SEPTA and Broadduswill be for a base term of ten years with two 5-year renewaloption periods and include the right to assign by Broaddus, at afair market rental value of 5,500 annually with a three percent( 3%) recurring annual escalation from years two through ten ofthe lease and any renewal option periods, along with an annualrent credit to Broaddus of 1, 000 for maintenance offset andsubsequent savings to SEPTA; andWHEREAS, in order to effectuate the validity of the proposednew lease agreement with Broaddus and the right to assign, Secantwill be added as an assignee for purposes of unconditionallyterminating the original lease agreement; andWHEREAS, if required, SEPTA staff will obtain any nceofthetransaction contemplated hereunder; andWHEREAS, staff requested that the General Manager recommendthat the Board authorize SEPTA to enter in the proposed new leaseagreement with Broaddus for the 8,000 square foot parcel of9
Minutes of Regular Board MeetingSeptember 27, 2018property along the former Reading Bethlehem Branch located at pplemental parking, under the terms and conditions set forthabove and more fully described in the pertinent staff summary;WHEREAS,Board.the General Manager made the recommendation to theNOW, THEREFORE, BE IT RESOLVED, that the Board herebyauthorizes SEPTA to enter into the proposed new lease agreementwith Broaddus Trust for the subject premises under such terms andconditions set forth within the pertinent staff summary.FURTHER RESOLVED, that the Board hereby authorizes theGeneral Manager or his designee to execute all documents, in formapproved by the Office of General Counsel, and to do any and allother things as shall be deemed necessary and proper in order toeffectuate the purpose of this Resolution."III.A.2. LEASE BY PHILADELPHIA SUBURBAN DEVELOPMENT CORPORATIONTO SEPTA OF APPROXIMATELY 6, 700 SQUARE FEET OF WAREHOUSE ANDSTORAGE SPACE REQUIRED FOR THE ANCILLARY CONTROL CENTER PROJECTLOCATED IN PHILADELPHIA, ntCorporation( "PSDC") owns a parcel of property ("Parcel") located at 700Packer Avenue in Philadelphia, which includes a 99, 250 squarefoot warehouse facility used for storage; andWHEREAS, in support of the anticipated Ancillary ControlCenter Project ("Project"), SEPTA desires to lease from PSDCapproximately 6,700 rentable square feet of warehouse spacewithin the Parcel ("Demised Premises") to securely store anextensive array of electronic equipment, supplies and other itemsfor the Project; andWHEREAS, as part of the lease SEPTA will not requirededicated parking spaces, but will utilize ingress and egress viaa shared driveway leading to the entrance of the DemisedPremises; andWHEREAS, PSDC will make the property ready for immediateoccupancy as a "turn-key" facility, and SEPTA may install doorhardware, security cameras, alarm system and shelving uni ts asdeemed necessary, and shall be responsible for separately meteredutilities; andWHEREAS,any occupancy,construction or other permits,including fire inspection, shall be obtained by SEPTA; andWHEREAS,the proposed lease agreement for the DemisedPremises will be for a base term of two years, along with two (2)10
Minutes of Regular Board MeetingSeptember 27, 2018six-month renewal options, at a base annual rental of 48,575 forthe two-year gross lease; andWHEREAS, the proposed rent thereafter will increase by threepercent ( 3%) beginning the first day of each of the successivetwo (2) six-month option periods; andWHEREAS, upon expiration of the final option period, SEPTA,if required, may continue to lease the Demised Premises from PSDCon a month-to-month basis in holdover status, at a fixed monthlyrental increase of 150% from the monthly rate of the last optionperiod of 4,187 4,047.91 plus 2,093 2,023.95 for the durationof the lease while in holdover to 6,280.75 6,071.86; andWHEREAS, either party may terminate the lease upon 90-dayswritten notice to the other party prior to the end of the thencurrent lease term, or upon 30 days prior written notice of thelease if in holdover; andWHEREAS, if required, SEPTA staff will obtain any nceofthetransaction contemplated hereunder; andWHEREAS, staff requested that the General Manager recommendthat the Board authorize SEPTA to enter into the proposed leaseagreement with PSDC for the Demised Premises under such terms andconditions as set forth above and more fully described in thepertinent staff summary; andWHEREAS,Board.the General Manager made the recommendation to theNOW, THEREFORE, BE IT RESOLVED, that the Board herebyauthorizes SEPTA to enter into the proposed lease agreement withPhiladelphia Suburban Development Corporation consistent with theterms and conditions set forth within the pertinent staffsummary.FURTHER RESOLVED, that the Board hereby authorizes theGeneral Manager or his designee to execute all documents, in formapproved by the Office of General Counsel, and to do any and allother things as shall be deemed necessary and proper in order toeffectuate the purpose of this Resolution."III.A.3. GRANT OF LICENSE BY SEPTA TO LEVEL 3 COMMUNICATIONS, LLCFOR A SUBTERRANEAN FIBER OPTIC CABLE TRANSVERSE CROSSING UNDERTHE NORRISTOWN LINE RAILROAD RIGHT-OF-WAY LOCATED IN WHITEMARSHTOWNSHIP, MONTGOMERY COUNTY"WHEREAS, SEPTA acquired the Norristown Branch from Conrailvia quitclaim deed dated March 30, 1979, with the railroad rightof-way being acquired under the Regional Rail Reorganization Actof 1973 and funded under Federal Grant PA-03-0067; and11
Minutes of Regular Board MeetingSeptember 27, 2018WHEREAS, on September 25, 2008 the Board authorized SEPTA toenter into an easement agreement with Level 3 Communications, LLC("Level 3") with respect to the installation and occupation of asubterranean fiber optic cable transverse crossing under parts ofSEPTA's Norristown Line right-of-way that intersects Lee Streetand is attached to Pole #73295 in Whitemarsh Township, MontgomeryCounty, for a period of ten years which will expire on September29, 2018; andWHEREAS, Level 3 has requested to continue tosubject right-of-way via a license agreement andexisting 4 -inch diameter conduit that is 74 feet ina 12-strain fiber optic cable beneath the Norristownof-way situated at approximately Mile Post 12.35; andoccupy theinhabit thelength, forLine right-WHEREAS, the base term of the proposed license will be fiveyears, along with the right to exercise one 5-year renewal optionat the end of the expiring base term; andWHEREAS,in consideration for the license,SEPTA willreceive from Level 3 a crossing fee of 5,309.14 for the initialterm based upon SEPTA' s current fee schedule for fiber opticoccupations (effective 2013), as well as a one-time agreementpreparation fee of 1,000; andWHEREAS, if required, SEPTA shallFederalTransitAdministration(FTA)transaction contemplated hereunder; andobtain any necessaryconcurrenceoftheWHEREAS, staff requested that the General Manager recommendthat the Board authorize SEPTA to grant to Level 3 a licenseagreementfor asubterranean fiber optic cable transversecrossing beneath the Norristown Line railroad right-of-way underthe terms and conditions set forth above and more fully describedin the pertinent staff summary; andWHEREAS, the General Manager made the recommendation.NOW, THEREFORE, BE IT RESOLVED, that the Board herebyauthorizes SEPTA to grant to Level 3 Communications, LLC, alicense agreement for the occupation of a subterranean fiberoptic cable transverse crossing under the terms that are setforth within the pertinent staff summary.FURTHER RESOLVED, that the Board hereby authorizes theGeneral Manager or his designee to execute all documents, in formapproved by the Office of General Counsel, and to do any and allother things as shall be deemed necessary and proper in order toeffectuate the purpose of this Resolution."12
Minutes of Regular Board MeetingSeptember 27, 2018III.A.4. LICENSE BY SEPTA TO COMMONWEALTH REAL ESTATE INVESTORSOF A 22,000 SQUARE FOOT PORTION OF THE WEST CHESTER BRANCHRIGHT-OF-WAY LOCATED IN MIDDLETOWN TOWNSHIP, DELAWARE COUNTY"WHEREAS, SEPTA acquired the West Chester Branch in 197 9under the Regional Rail Reorganization Act of 1973, which wasfunded under Federal Grant No. PA-03-0067; andWHEREAS, Commonwealth Real Estate Investors ("Commonwealth")is the owner of certain property located at 176 New MiddletownRoad in Middletown Township, Delaware County, which is adjacentto SEPTA's West Chester Branch right-of-way; andWHEREAS, in 1995 Commonwealth filed a Corrective Deed thatincorporated a 22, 000 square foot ( 0. 513 acre) portion of theSEPTA-owned property ("Parcel"); andWHEREAS, in 1996 Commonwealth constructed a professionalbuilding at 176 New Middletown Road, a portion of the parkingarea and landscaping of which encroached upon the Parcel; andWHEREAS, this encroachment was not discovered by SEPTA until201 7 when boundary surveys were being prepared in conj unctionwith the planned upgrade of the Elwyn to Wawa portion of the WestChester Branch right-of-way; andWHEREAS, Commonwealth is not in a position to purchase theParcel at this time, which is required for the professionalbuilding to remain in conformity with local zoning requirements,and has requested that SEPTA grant them an interim lease orlicense to use the Parcel until such time that they can pursuethe purchase thereof; andWHEREAS, SEPTA has agreed to enter into a license agreementwith Commonwealth for their ongoing incidental usage of theParcel for a b
Master Card/Debit Card for those that do not have a credit card but the fees for that card were exorbitant, with a 4.95 monthly fee for the card and charges undisclosed fees when the card was loaded "from a third party"; 2 when it was loaded from a SEPTA machine; and .95 to check the balance.
