S T A T E O F N E W Y O R K
________________________________________________________________________
1106
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Higher Education
AN ACT authorizing the state university of New York institute of tech-
nology to lease certain lands
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
provision of residential facilities for clients of Upstate Cerebral
Palsy, Inc., upon the grounds of the state university of New York insti-
tute of technology is necessary and appropriate to further the objec-
tives and purposes of the state university of New York. 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 institute of technology will ensure the availability of such
residential facilities and also promote the effective use of such
grounds and facilities. The legislature determines that the academic
mission and the goals of the state university of New York institute of
technology in the full utilization of the properties in furtherance of
its mission may be best served by Upstate Cerebral Palsy, Inc. and the
resources to which it has access.
S 2. The state university trustees are hereby authorized to lease
without any public bidding a portion of the lands of the state universi-
ty of New York institute of technology generally described in this act
to Upstate Cerebral Palsy, Inc. upon such terms and conditions as the
trustees deem advisable, not to exceed in the aggregate ninety-nine
years. No such contract or lease shall provide for a fee simple convey-
ance of the underlying land. If the real property shall cease to be used
for the purposes described in this act, said lease shall immediately
terminate and the real property and any improvements thereon shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03882-01-9
A. 1106 2
revert to the state university of New York. Any contract or lease
entered into pursuant to this act shall provide that the real property
which is the subject of such lease or contract and any improvements
thereon shall revert to the state university of New York on the expira-
tion of such contract or lease. The description of the parcel to be
leased pursuant to this section is not meant to be a legal description,
but is intended only to identify the parcel and improvements to be
leased.
S 3. Any contract or lease entered into by the trustees of the state
university of New York pursuant to this act shall require the lessee to
comply with the requirements of article 15-A of the executive law.
Notwithstanding any other law to the contrary, any contract or lease for
construction, rehabilitation, or other improvement authorized by section
five of this act entered into by the trustees shall require the lessee
or contractor and/or subcontractor to comply with the requirements of
sections 220, 240 and 241 of the labor law, where applicable. Section
135 of the state finance law shall not apply to any lease, contract or
subcontract entered into pursuant to this act.
S 4. 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 would ordinarily be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
S 5. By way of example and not limitation, the terms and conditions of
the trustees' lease or contract may provide for leasing, construction,
reconstruction, rehabilitation, improvement, operation, management and
provision of services and assistance and the granting of licenses, ease-
ments and other arrangements with regard to such grounds and facilities
by Upstate Cerebral Palsy, Inc., and parties contracting with Upstate
Cerebral Palsy, 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 Upstate Cerebral
Palsy, Inc. and parties contracting with the Upstate Cerebral Palsy,
Inc., for the purpose of completing the project described above.
S 6. The lease entered into pursuant to this act shall be subject to
approval of the attorney general as to form, the director of the budget
and the state comptroller.
S 7. The lease shall include an indemnity provision whereby the lessee
or subleasee promises to indemnify, hold harmless and defend the lessor
against all claims, suits, actions, liability and damages to all persons
on the leased premises, including the tenant, tenant's agents, employ-
ees, contractors, subcontractors, 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 8. Any contracts entered into pursuant to this act between Upstate
Cerebral Palsy, Inc. and parties contracting with Upstate Cerebral
Palsy, Inc. shall be awarded by a competitive process.
S 9. The property authorized by this act to be leased to Upstate Cere-
bral Palsy, Inc. is generally described as that parcel of real property
with improvements thereon, situated on
A. 1106 3
ALL THAT TRACT, PIECE OR PARCEL OF LAND situate in the Town of Marcy,
County of Oneida and State of New York, said parcel shown on the map
entitled "Survey map Showing Lands To Be Leased by Upstate Cerebral
Palsy" prepared by Steven A. Roseen, LS of Cornerstone Land Surveying
and dated May 19, 2008, said parcel more particularly described as
follows:
BEGINNING AT A POINT a capped iron rod set on the southeasterly bound-
ary of Flanagan Road;
THENCE through the lands of State University of New York Institute of
Technology the following four (4) courses and distances:
(1) S 18°39'00"E, 300.00 feet to a capped iron rod;
(2) S 71°21'00" W, 85.00 feet to a capped iron rod;
(3) N 71°20'56" W, 220.00 feet to a capped iron rod;
And (4) N 18°39'00" W, 166.68 feet to a capped iron rod set on the
aforementioned southeasterly highway boundary of Flanagan Road;
Thence N 71°21'00" E along said boundary 260.00 feet to the POINT OF
BEGINNING, being 66,335± square feet or 1.523± acres, more or less.
SUBJECT TO an easement hereby reserved for the purpose of installing
and maintaining underground utilities over and upon a portion of the
above described parcel, said easement more particularly described as
follows:
BEGINNING AT A POINT a capped iron rod set on the southeasterly bound-
ary of Flanagan Road, being the northeasterly corner of the above
described parcel;
Thence S 18°39'00" E along the easterly line of said parcel 30.00 feet
to a point;
Thence N 88°05'38" W a distance of 85.44 feet to a point;
Thence N 71°21'00" E along the southeasterly boundary of Flanagan Road
80.00 feet to the EASEMENT POINT OF BEGINNING.
S 10. 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 11. This act shall take effect immediately.