§ 8A-15. Required lease.

(a) In general.

The approval of any petition to gate or green an alley is subject to the entry into a lease, in the form and on the terms approved by the Board of Estimates, between the City, as lessor, and a neighborhood association or other non-profit entity that consists of property owners whose properties abut the alley or otherwise represents the area in which the alley and its abutting properties are located, as lessee.

(b) Terms and conditions.

The lease must include, at a minimum, provisions to the following effect:

(1) All plans for the design and construction of gates, for any sodding, seeding, pavement removal, or other landscaping of the alley, and, if within the scope of the approved petition, for any greening of the alley must be reviewed and approved by the Department of Public Works, by the Department of Transportation, and, if the alley is located within an Historical and Architectural Preservation District or is on or adjacent to property included on the City's Landmark List or Special List, by the Commission for Historical and Architectural Preservation.

(2) All costs related to the preparation of these plans, to the purchase, installation, and maintenance of gates, to sodding, seeding, pavement removal, or other landscaping of the alley, or, if within the scope of the approved petition, to any greening of the alley, and all costs related to general maintenance of the alley, including all fees for building, fire, or related permits, are at the lessee's expense.

(3) If the approved petition is for gating, but not greening, the alley, the lessee may not cause or permit any greening of the alley or otherwise cause or permit any alteration to the alley, beyond mere gating, that would newly restrict vehicular access to or in the alley.

(4) If the approved petition is for gating and greening the alley or for greening an alley for which gating already has been approved, no greening activities may be undertaken until the lessee has first entered into a developer's agreement with the Department.

(5) Access to the alley must be available to the City's Police, Fire, Public Works, and Transportation Departments, to all other appropriate agencies of the City, and to all companies that have utilities lawfully located in the alley.

(6) A Knox box must be placed on each gate for access by authorized vehicles and pedestrians.

(7) No utilities in the alley may be disturbed or built upon, and all easements for utilities must be preserved.

(8) If the Public Works Department, the Transportation Department, or their employees, agents, or contractors enter the alley for maintenance, repair, or replacement of City utilities, the Department:

(i) is responsible, on completion of its work, for restoring the alley to grade; but

(ii) is not responsible for any other work in the alley or for any other costs incurred in restoring the alley.

(9) Nothing in the lease may affect or be construed to affect any person's private rights in the alley.

(10) The Director of Transportation may terminate the lease and may order or cause, at the lessee's expense, the removal of all gates and other obstructions and the alley's restoration if:

(i) at any time, the owners of two-thirds of the abutting properties, not including any abandoned properties, so request in writing;

(ii) at any time, the lessee is in default of any term of the lease and has failed to cure that default in accordance with the terms of the lease; or

(iii) after a public hearing, with prior notice as provided in the lease, the Director determines that:

A. the alley is needed for through pedestrian or vehicular traffic; or

B. the gating and, if applicable, the greening no longer promotes the public health, safety, or welfare.