The decision gives the conservancy about 90 days to find a new home. But, the conservancy’s failure to pay a higher rent did not amount to a breach of 2011 berthing agreement, the judge said.
Susan Gibbs and Jorge Gonzalez look up at the SS United States ocean liner at Pier 82 in Philadelphia on Friday, July 23, 2021. It is the 25th anniversary of America’s Flagship’s arrival in Philadelphia. The ship was the fastest passenger ship built and the largest ever made in the U.S., according to the SS United States Conservancy. Gibbs grandfather, William Francis Gibbs, was the self-taught naval architect and marine engineer of the ship.
Still, Brody wrote that under Pennsylvania contract law, the berthing agreement is terminable at will with reasonable notice, which Penn Warehousing had issued in March 2022. The decision gives the conservancy about 90 days to find a new home. In addition to finding a location, Gibbs said the conservancy would need funds for insurance, tugs, surveys, and dock preparations for a move.“The best hope of everyone involved was that the Conservancy could successfully repurpose the ship,” he said. “But after decades of decay and delay, it is time to acknowledge the unavoidable and return Pier 82 to productive commercial service.
The vessel was bought more time to sort out its future when philanthropist H.F. “Gerry” Lenfest — the late former owner of The Inquirer and whose Lenfest Institute now owns the paper — donated $5.8 million in 2010 to save the ship from destruction. The funds allowed the conservancy, which had already been advocating for the ship, to buy it from then-owner Norwegian Cruise Lines. The donation also accounted for 20 months of rent.in November provided by real estate firm RXR Realty and MCR Hotels.
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