S T A T E   O F   N E W   Y O R K
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                                  5312

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT authorizing the lease of lands located at the State University of
  New York College at Old Westbury

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature finds that the devel-
opment,  construction  and  operation  of  a  child-care center upon the
grounds of the State University of New York College at Old  Westbury  is
necessary  and appropriate to further the objectives and purposes of the
State University of New York in its support of Old Westbury and fulfills
a necessary and desirable public purpose. The legislature further  finds
that  granting  the  trustees  of  the  State University of New York the
authority and power to lease and otherwise contract  to  make  available
grounds and facilities of the campus of the State University of New York
College  at  Old  Westbury will facilitate the development, construction
and operation of such child-care center and also promote  the  effective
use  of such grounds and facilities which support the educational activ-
ities of Old Westbury.
  S 2. Notwithstanding any other law to the contrary, the State  Univer-
sity  trustees  are  hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available  to  the  Old
Westbury  College  Foundation,  Inc.,  a  not-for-profit  corporation, a
portion of the lands of the State University of New York College at  Old
Westbury  generally described in this act for the purpose of developing,
constructing and operating a child-care center, and for uses in  support
of campus activities; provided, however, that the development and opera-
tion  of  a  child-care center shall be of benefit to Old Westbury. Such
lease or contract shall be for a period not exceeding thirty years with-
out any fee simple conveyance and otherwise upon  terms  and  conditions
determined  by such trustees, subject to the approval of the director of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10765-01-3
              

S. 5312                             2

the division of the budget, the attorney general  and  the  state  comp-
troller.    In  the  event that the real property that is the subject of
such lease or contract shall cease to be used for the purpose  described
in  this act, such lease or contract shall immediately terminate and the
real property and any improvements thereon shall  revert  to  the  State
University  of New York.  Any lease or contract entered into pursuant to
this act shall provide that the real property that  is  the  subject  of
such  lease or contract and any improvements thereon shall revert to the
State University of New York on  the  expiration  of  such  contract  or
lease.
  S  3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for the purposes of article  15-A  of  the
executive  law,  and  any contractor, subcontractor, lessee or sublessee
entering into such contract or lease for the  construction,  demolition,
reconstruction,  excavation,  rehabilitation, repair, renovation, alter-
ation or improvement authorized pursuant to this act shall be  deemed  a
state  agency  for the purposes of article 15-A of the executive law and
subject to the provisions of such article.
  S 4. Notwithstanding any general, special or  local  law  or  judicial
decision  to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or  agreement
for  construction,  demolition,  reconstruction,  excavation,  rehabili-
tation, repair, renovation, alteration or improvement  shall  be  deemed
public work and shall be subject to and performed in accordance with the
provisions  of  article 8 of the labor law to the same extent and in the
same manner as a contract of the state,  and  compliance  with  all  the
provisions  of  article  8  of  the  labor  law shall be required of any
lessee, sublessee, contractor and/or  subcontractor  performing  on  the
project.
  S  5. Notwithstanding any law to the contrary, all rights or benefits,
including terms and conditions of employment, and  protection  of  civil
service  and  collective bargaining status of all employees of the State
University of New York affected by the provisions of this act, shall  be
preserved and protected. Employees in any newly created positions within
the  State  University  of New York shall be considered public employees
for all purposes of article 14 of the civil service law.
  S 6. Any contract or lease awarded or entered into by the Old Westbury
College Foundation, Inc., and parties contracting  or  entering  into  a
lease  with  the Old Westbury College Foundation, Inc. for construction,
reconstruction, renovation,  rehabilitation,  improvement  or  expansion
authorized  pursuant  to  this  act, for any single construction project
exceeding ten million dollars in the  aggregate,  for  which  more  than
twenty-five  percent  of such aggregate amount is to be paid from appro-
priations furnished by the state of New York or the State University  of
New  York, shall be undertaken pursuant to a project labor agreement, as
defined in subdivision 1 of section 222 of the labor law, provided  that
a  study done by or for the contracting entity determines that a project
labor agreement will benefit such  construction,  reconstruction,  reno-
vation, rehabilitation, improvement or expansion through reduced risk of
delay,  potential  cost  savings  or  potential reduction in the risk of
labor unrest in light  of  any  pertinent  local  history  thereof.  For
purposes  of  applying  the dollar thresholds set forth in this section,
the term "single construction  project"  shall  mean  any  construction,
reconstruction,  renovation,  rehabilitation,  improvement  or expansion
activity associated with one or more buildings, structures  or  improve-

S. 5312                             3

ments,  including  all  directly related infrastructure and site work in
contemplation thereof, that are functionally interdependent.
  S 7. Without limiting the determination of the terms and conditions of
such  contracts  or  leases,  such  terms and conditions may provide for
leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
improvement,  operation  and management of and provision of services and
assistance and the granting of licenses, easements  and  other  arrange-
ments  with  regard  to  such grounds and facilities by the Old Westbury
College Foundation, Inc., and parties contracting with the Old  Westbury
College  Foundation,  Inc., and, in connection with such activities, the
obtaining of funding or financing, whether public or private,  unsecured
or  secured  (including,  but not limited to, secured by leasehold mort-
gages and assignments of rents and leases), by the Old Westbury  College
Foundation,  Inc.  and parties contracting with the Old Westbury College
Foundation, Inc. for the purposes of completing the project described in
this act.
  S 8. Such lease shall  include  an  indemnity  provision  whereby  the
lessee  or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all  persons
on  the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests,  licensees,  invitees  and
members of the public, for damage to any such person's property, whether
real  or  personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
  S 9. Any contracts entered into pursuant to this act between  the  Old
Westbury  College  Foundation, Inc. and parties contracting with the Old
Westbury College Foundation, Inc. shall  be  awarded  by  a  competitive
process.
  S  10.  The  property  authorized  by this act to be leased to the Old
Westbury College Foundation, Inc. is generally described as that  parcel
of  real  property  with  improvements thereon, consisting of a total of
approximately 11.2 acres, situated on the campus of the State University
of New York College at Old Westbury. The description in this section  of
the  parcel to be made available pursuant to this act is not meant to be
a legal description, but is intended only to identify the parcel: BEGIN-
NING at a point in the dividing line between lands now  or  formerly  of
the  State of New York, Old Westbury College and The Hamlet Condominiums
Number one, said point being distant 0.57 feet on a course of  North  64
degrees 45 minutes 53 seconds West from a granite monument found, all as
shown  on  a  certain  map entitled "MAP OF SURVEY, OLD WESTBURY COLLEGE
TOWN OF OYSTER BAY, TOWN OF NORTH HEMPSTEAD, COUNTY OF NASSAU, STATE  OF
NEW  YORK,  DATED AUGUST 13, 2003," Prepared by Boswell Engineering (CAD
File Supplied by the NEW YORK STATE OFFICE OF  GENERAL  SERVICES),  Said
Beginning Point having New York State Grid Coordinates North 226,605.93,
East  1,104,156.61  (NAD 1983, New York State, Long Island Zone per said
map); running thence (Bearings shown are in above-referenced system) (1)
thence South 11 degrees 20 minutes 54 seconds  East  759.47  feet  to  a
granite  monument  found;  (2)  thence  South  10  degrees 27 minutes 24
seconds East 142.27 feet to a proposed corner at an existing fence line;
(3) thence following said fence line and it's extension South 76 degrees
14 minutes 16 seconds West 645.39 feet to a point in a line  established
in the above referenced CAD file, located approximately 10 feet from the
edge  of  the  traveled way of an access road known as Greentree Circle;
running along said line the following 6 courses;  (4)  thence  North  13
degrees  48  minutes  16 seconds West 330.29 feet to a point; (5) thence
North 08 degrees 41 minutes 55 seconds West 72.76 feet to a  point;  (6)

S. 5312                             4

thence  along a non-tangent curve to the RIGHT having a radius of 400.38
feet, an arc distance of 282.54 feet, a central angle of 40  degrees  25
minutes  55  seconds,  a chord bearing of North 18 degrees 26 minutes 01
second  East  and a chord distance of 276.71 feet to a point; (7) thence
along a non-tangent curve to the RIGHT having a radius of 1,319.33 feet,
an arc distance of 203.46 feet, a central angle of 08 degrees 50 minutes
09 seconds, a chord bearing of North 44 degrees 09  minutes  14  seconds
East and a chord distance of 203.26 feet to a point; (8) thence North 47
degrees  35  minutes  38 seconds East 274.70 feet to a point; (9) thence
North 64 degrees 41 minutes 06 seconds East 121.12 feet to the point and
place of BEGINNING.  CONTAINING an area of 486,699 square feet or 11.173
acres of land, more or less.
  S 11. The State University of New York shall not lease lands described
in this act unless any such lease shall be executed within  three  years
of the effective date of this act.
  S  12. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
  S 13. This act shall take effect immediately.