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§ 21-402. Public Fallout Shelter Licenses or Privileges. 11
(1) The Commissioner of Public Property is authorized to enter into agreements to grant to the United States of America, Public Fallout Shelter Licenses or Privileges on property owned by the City or leased to the City where so requested by the Director of Civil Defense and the Commissioner finds that:
(a) the use of the property will not substantially interfere with the usual use of the property;
(b) the lessees, if any, of the property owned by the City, agree to a grant of a Public Fallout Shelter License or Privilege; and
(c) the lessors of property leased to the City agree to a grant of a Public Fallout Shelter License or Privilege.
(2) The agreement granting a Public Fallout Shelter License or Privilege to the United States Government for City-owned property shall be executed by the Commissioner of Public Property and the Director of Civil Defense and shall be substantially in the following form:
FALLOUT SHELTER LICENSE OR PRIVILEGE
WHEREAS, The President of the United States has undertaken for the Nation an accelerated and strengthened civil defense program, including a fallout shelter program; and
WHEREAS, A fallout shelter survey has indicated that certain areas of the hereinafter described premises will afford persons protection from the hazard of fallout in the event of enemy attack;
NOW, THEREFORE, the undersigned, being the owner of the hereinafter described premises, or the person otherwise authorized to grant such license or privilege, does hereby voluntarily and without compensation, in consideration of the mutual promises expressed herein and in cooperation with the Federal, State, and local civil defense programs for measures to protect persons against the threat of fallout radiation from enemy attack, grant to the Federal Government, the State of Pennsylvania and the political subdivision of Philadelphia County and to the general public for use in accordance with civil defense shelter plans, the following license or privilege:
I. A. Use of the basements, corridors, and other common areas of the building or structure situated at and known as Art Museums, Vehicular Tunnel as well as any other common use parts of the said building or structure which the Federal Government and the political subdivision shall determine appropriate, including without limitation the rights to the public of ingress to and egress from the premises, for the sole purpose of temporarily sheltering persons during and after any and every actual or impending attack.
B. Further, the right to designate the said building or structure as a civil defense shelter, and to affix thereto, and maintain thereon, at no expense to the Grantor, such civil defense shelter and other signs as are determined appropriate, so long as there is no interference with the usual use of the premises for the carrying on of business therein.
II. The Federal Government, said State and said political subdivision may place and maintain on the premises such appropriate shelter equipment and stocks as may be determined necessary, estimated to require approximately one (1) cubic foot per person of the shelter capacity; and it is expressly understood that the Grantor shall have no responsibility or liability for the care, protection, or maintenance of the shelter stocks, wilful damage or bad faith excepted. The shelter stocks and equipment placed in the licensed or privileged area are to be cared for and maintained by said political subdivision at no expense to the Grantor.
III. The Grantor agrees that, during such reasonable periods as the premises are open for business, the political subdivision and the Federal Government, their authorized officers, agents, or representatives, shall have the right to inspect the premises including any equipment and supplies stored thereon, so long as this license or privilege is in effect.
This license or privilege is granted on the express condition that it shall be valid and binding upon the heirs, assigns, or successors in interest of any nature whatsoever; this license or privilege may be revoked by ninety (90) days written notice to the political subdivision and the Federal Government, sent by registered mail.
(3) The City Solicitor shall include such other terms that are desirable to protect the interests of the City.
Added, 1962 Ordinances, p. 1151.