LBD17774-02-0
S. 8221--A 2 A. 11471--A
and The Research Foundation of State University of New York for the
purpose of holding real estate for projects of the State University of
New York at Albany.
S 3. For the purposes of this act: (a) "project" shall mean work at
the property authorized by this act to be leased to the Fuller Road
Management Corporation as described in section twelve of this act that
involves the design, construction, reconstruction, demolition, excavat-
ing, rehabilitation, repair renovation, alteration or improvement of
additional instructional and laboratory space.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
S 4. 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 Fuller
Road Management a portion of the lands of the State University of New
York at Albany generally described as all that real property consisting
of approximately 11.07 acres of land adjacent to or adjoining the lands
which the state university trustees were authorized to make available to
Fuller Road Management pursuant to chapter 541 of the laws of 2005, for
the purpose of constructing a research and education facility to provide
additional instructional and laboratory space required to support work-
force training and the academic programs of the College of Nanoscale
Science and Engineering and the mission of the state university of New
York. Such lease or contract shall be for a period not exceeding 40
years without any fee simple conveyance and otherwise upon terms and
conditions determined by such trustees, subject to the approval of the
director of the division of the budget, the attorney general and the
state comptroller. 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 termi-
nate 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 5. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration 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 6. 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
S. 8221--A 3 A. 11471--A
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 or subcontractor on the project including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
S 7. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law; all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
S 8. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
(a) The Fuller Road Management Corporation may require a contractor
awarded a contract, subcontract, lease, grant, bond, covenant or other
agreement for a project to enter into a project labor agreement during
and for the work involved with such project when such requirement is
part of the Fuller Road Management Corporation request for proposals for
the project and when the Fuller Road Management Corporation determines
that the record supporting the decision to enter into such an agreement
establishes that the interests underlying the competitive bidding laws
are best met by requiring a project labor agreement including: obtaining
the best work at the lowest possible price; preventing favoritism, fraud
and corruption; the impact of delay; the possibility of cost savings;
and any local history of labor unrest.
(b) If the Fuller Road Management Corporation does not require a
project labor agreement, then any contractor, subcontractor, lease,
grant, bond, covenant or other agreements for a project shall be awarded
pursuant to section 135 of the state finance law.
S 9. 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 Fuller Road Manage-
ment, and parties contracting with Fuller Road Management, 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 mortgages and assignments of rents and
leases), by Fuller Road Management and parties contracting with Fuller
Road Management for the purposes of completing the project described in
this act.
S 10. 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 11. Any contracts entered into pursuant to this act between Fuller
Road Management and parties contracting with Fuller Road Management
shall be awarded by a competitive process.
S. 8221--A 4 A. 11471--A
S 12. The property authorized by this act to be leased to Fuller Road
Management is generally described as those parcels of real property with
improvements thereon, consisting of a total of approximately 11.07
acres, situated on the campus of the State University of New York at
Albany. The descriptions in this section of the parcels to be made
available pursuant to this act are not meant to be legal descriptions,
but are intended only to generally identify the parcels:
FIRST PARCEL:
All that tract, piece or parcel of land situate in the City of Albany,
County of Albany, State of New York, and being more particularly bounded
as described as follows:
Beginning at a concrete monument found in the northerly bounds of the
existing Washington Avenue Extension, at its intersection with the
westerly bounds of the existing Fuller Road; said point being Station
156+54, 104 feet Left as shown on New York State Department of Transpor-
tation acquisition map, Map No.66, Parcel 103;
thence along the northerly bounds of Washington Avenue Extension the
following three (3) courses and distances:
1. N.87°28'01"W., a distance of 679.06 feet to a point, said point
being Station 149+75, 95 feet Left as shown on New York State Department
of Transportation acquisition map, Map No.66, Parcel 104;
2. N.74°58'18"W., a distance of 162.24 feet to a point, said point
being Station 148+16.15, 128 feet to the Left as shown on New York State
Department of Transportation acquisition map, Map No.66, Parcel 104;
3. N.87°46'33"W., a distance of 335.12 feet to a point;
thence along the division line between a parcel to be transferred to
the N.Y.S. Department of Transportation to the north and the herein
described parcel to the south, the following five (5) courses and
distances:
1. N.58°24'32"E., a distance of 213.53 feet to a point of curvature of
an arc with a radius of 699.00 feet;
2. Continuing easterly and along a curve to the right having a radius
of 699.00 feet, said arc being subtended by a central angle of 30°10'00"
for an arc length of 368.03 feet to a point of compound curvature of an
arc with a radius of 590.00 feet;
3. Continuing easterly and along a curve to the right having a radius
of 590.00 feet, said arc being subtended by an angle of 19°04'31" for an
arc length of 196.43 feet to a point;
4. S.72°20'57"E., a distance of 477.89 feet to a point;
5. S.59°24'33"E., a distance of 93.25 feet to a point in the westerly
bounds of Fuller Road;
thence along the westerly bounds of Fuller Road the following two (2)
courses and distances,
1. S.02°02'14"W., a distance of 39.85 feet to a point;
2. S.50°22'30"W., a distance of 77.83 feet to the point of beginning.
Containing 255,179 Square Feet or 5.17 Acres of land more or less.
Subject to any and all easements, restrictions, and rights-of-way of
record.
SECOND PARCEL:
All that piece or parcel of land upon transfer from the New York State
Department of Transportation to the State University of New York situate
in the City of Albany, County of Albany, State of New York, being more
particularly described as follows:
Beginning at a concrete monument found in the northerly bounds of the
existing Washington Avenue Extension, at its intersection with the
westerly bounds of the existing Fuller Road; said point being at Station
S. 8221--A 5 A. 11471--A
156+54, 104 feet Left as shown on New York State Department of Transpor-
tation acquisition map, Map No.66, Parcel 103;
thence from said point of beginning, running along the westerly bounds
of Fuller Road, S.08°32'05"W., a distance of 200.00 feet to a point,
said point being Station 156+36, 95 feet Right as shown on New York
State Department of Transportation acquisition map, Map No.66, Parcel
103;
thence along the southerly bounds of the existing Washington Avenue
Extension the following five (5) courses and distances:
1. N.89°50'07"W., a distance of 366.55 feet to a point, said point
being Station 152+70, 115 feet Right as shown on New York State Depart-
ment of Transportation acquisition map, Map No.66, Parcel 104;
2. N.78°55'48"W., a distance of 206.90 feet to a point, said point
being Station 150+65, 87 feet Right as shown on New York State Depart-
ment of Transportation acquisition map, Map No.66, Parcel 104;
3. S.85°13'25"W., a distance of 401.88 feet to a point, said point
being Station 146+63, 142 feet Right as shown on New York State Depart-
ment of Transportation acquisition map, Map No.66, Parcel 104;
4. N.72°56'09"W., a distance of 125.27 feet to a point, said point
being Station 145+35, 105 feet Right as shown on New York State Depart-
ment of Transportation acquisition map, Map No.66, Parcel 104;
5. S.79°03'01"W., a distance of 76.83 feet to a point;
thence through the existing Washington Avenue Extension,
N.05°38'39"E., a distance of 254.61 feet to a point in the northerly
bounds of Washington Avenue Extension;
Thence along the northerly bounds of Washington Avenue Extension the
following three (3) courses and distances:
1) S.87°46'33"E., a distance of 335.12 feet to a point, said point
being Station 148+16.15, 128 feet Left as shown on New York State
Department of Transportation acquisition map, Map No.66, Parcel 104;
2) S.74°58'18"E., a distance of 162.24 feet to a point, said point
being Station 149+75, 95 feet Left as shown on New York State Department
of Transportation acquisition map, Map No.66, Parcel 104;
3) S.87°28'01"E., a distance of 679.06 feet to the point of beginning.
Containing 256,927 Square Feet or 5.90 Acres of land more or less.
Subject to any and all easements, restrictions, and rights-of-way of
record.
S 13. 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 14. 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 15. This act shall take effect immediately.