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.