LBD17213-02-0
S. 7814 2
(a) All that tract or parcel of land situated in the City of Syracuse,
County of Onondaga, State of New York and being more precisely described
as commencing at a concrete monument with a 1/4-inch drill hole extend-
ing 1.5 feet below grade with a 10-inch cover flush with grade found at
the intersection of the southerly bounds of East Water Street (66-foot
width) and the easterly bounds of Foreman Avenue (66-foot width), said
rebar also being at the northwesterly corner of a parcel of land
conveyed by Syracuse Urban Renewal Agency to Empire Flower Supply, Inc.
by deed dated August 6, 1987 and recorded in the Onondaga County Clerk's
Office on August 12, 1987 in Liber 3376 of Deeds at Page 114, said rebar
having New York State plane coordinates (NAD83 - Central Zone) of
1,111,701.24 feet north and 938,763.56 feet east; thence South 89
degrees 19 minutes 56 seconds East, along the southerly bounds of East
Water Street, a distance of 253.00 feet to a set 5/8-inch rebar. Said
rebar having New York State plane coordinates (NAD83 - Central Zone) of
1,111,698.20 feet north and 939,016.54 feet east, said rebar being the
Point of Beginning; thence continuing South 89 degrees 19 minutes 56
seconds East, along the southerly bounds of East Water Street, a
distance of 275.54 feet to a 5/8-inch rebar set on the proposed westerly
bounds of Irving Avenue (66-foot width); thence South 00 degrees 40
minutes 04 seconds West, along the proposed westerly bounds of Irving
Avenue, a distance of 264.10 feet to a 5/8-inch rebar set on the
proposed northerly bounds of Washington Street (66-foot width); thence
North 89 degrees 19 minutes 56 seconds West, along the proposed norther-
ly bounds of Washington Street, a distance of 274.85 feet to a 5/8-inch
rebar set at the southeasterly corner of a parcel of land conveyed by
Syracuse Urban Renewal Agency to People's Equal Action and Community
Effort, Inc. by deed dated June 16, 2004 and recorded in the Onondaga
County Clerk's Office on July 1, 2004 in Liber 4838 of Deeds at Page
412; thence North 00 degrees 31 minutes 04 seconds East, along the east-
erly line of People's Equal Action and Community Effort Inc., and along
the easterly line of Empire Flower Supply, Inc., a distance of 264.10
feet to the Point of Beginning.
(b) All that tract or parcel of land situated in the City of Syracuse,
County of Onondaga, State of New York, and being more precisely
described as commencing at a concrete monument with a 1/4-inch drill
hole extending 1.5 feet below grade with a 10-inch cover flush with
grade found at the intersection of the southerly bounds of East Water
Street (66-foot width) and the easterly bounds of Foreman Avenue
(66-foot width), said rebar also being at the northwesterly corner of a
parcel of land conveyed by Syracuse Urban Renewal Agency to Empire Flow-
er Supply, Inc. by deed dated August 6, 1987 and recorded in the Ononda-
ga County Clerk's Office on August 12, 1987 in Liber 3376 of Deeds at
Page 114, said rebar having New York State plane coordinates (NAD83 -
Central Zone) of 1,111,701.24 feet north and 938,763.56 feet east;
thence South 89 degrees 19 minutes 56 seconds East, along the southerly
bounds of East Water Street, a distance of 594.40 feet to a 5/8-inch
rebar set on the proposed easterly bounds of Irving Avenue (66-foot
width), said rebar having New York State plane coordinates (NAD83 -
Central Zone) of 1,111,694.22 feet north and 939,357.92 feet east, said
rebar being the Point of Beginning; thence continuing South 89 degrees
19 minutes 56 seconds East, along the southerly bounds of East Water
Street, a distance of 234.21 feet to a 5/8-inch rebar set on the wester-
ly bounds of South Crouse Street (variable width); thence along the
westerly bounds of South Crouse Street, the following courses and
distances: South 44 degrees 19 minutes 36 seconds East a distance of
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20.27 feet to a set 5/8-inch rebar; South 00 degrees 40 minutes 34
seconds West a distance of 249.76 feet to a 5/8-inch rebar set on the
proposed northerly bounds of Irving Street (66-foot width); thence North
89 degrees 19 minutes 56 seconds West, along the proposed northerly
bounds of Irving Street, a distance of 248.51 feet to a 5/8-inch rebar
set on the proposed easterly bounds of Irving Avenue; thence North 00
degrees 40 minutes 04 seconds East, along the proposed easterly bounds
of Irving Avenue, a distance of 264.10 feet to the Point of Beginning.
S 4. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the developer selected through the request for proposals
process noted above that involves the design, construction, demolition,
excavating, alteration or improvement of housing, office and retail
space. The "project" shall not include any subsequent alteration,
repair, renovation and/or further construction of buildings or improve-
ments to or upon the Kennedy Square campus after completion of the
initial work outlined in the successful bid selected through the request
for proposal process pursuant to section two of this act.
(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 perform work on the project, and which
provides that only contractors and subcontractors who sign a pre-negoti-
ated agreement with the labor organization can perform project work.
S 5. Notwithstanding any provisions of law to the contrary:
(a) The developer selected pursuant to section two of this act may
require a contractor to award 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 developer's request for proposals for
the project and when the developer determines that the record supporting
the decision to enter into such an agreement establishes that the inter-
ests 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 developer 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.
(c) Any contract to which the developer is a party, and any contract
entered into by a third party acting in place of, on behalf of and for
the benefit of the developer pursuant to any lease, permit or other
agreement between such third party and the developer for a project
deemed a public works project for the purposes of article 8 of the labor
law, and shall be subject to all of the provisions of article 8 of the
labor law, 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.
(d) Every contract entered into by the developer for a project shall
contain a provision that the contractor shall furnish a labor and mate-
rial bond guaranteeing prompt payment of moneys that are due to all
persons furnishing labor and materials pursuant to the requirements of
any contracts for a project undertaken pursuant to this act and a
performance bond for the faithful performance of the project, which
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shall conform to the provisions of section 103-f of the general munici-
pal law, and that a copy of such performance and payment bonds shall be
kept by the developer and shall be open to public inspection.
(e) For all purposes of article 15-A of the executive law, any indi-
vidual, public corporation or authority, private corporation, limited
liability company or partnership, or other entity entering into a
contract, subcontract, lease, grant, bond, covenant or other agreement
for a project authorized pursuant to this act shall be deemed a state
agency as that term is defined in such article and such contracts shall
be deemed state contracts within the meaning of that term as set forth
in such article.
(f) Whenever the developer enters into a contract, subcontract, lease,
grant, bond, covenant or other agreement for a project undertaking
pursuant to this act, the developer shall consider the financial and
organizational capacity of contractors and subcontractors in relation to
the magnitude of work they may perform, the record of performance of
contractors and subcontractors on previous work, the record of contrac-
tors and subcontractors in complying with existing labor standards and
maintaining harmonious labor relations, and the commitment of contrac-
tors to work with minority and women owned business enterprises pursuant
to article 15-A of the executive law through joint ventures or subcon-
tractor relationships.
S 6. The developer selected pursuant to section two of this act shall
require that whenever work is performed under this act, the contractors
and subcontractors shall have apprenticeship programs that are appropri-
ate for the type and scope of work to be performed and that have been
registered with and approved by the commissioner of labor pursuant to
article 23 of the labor law. Additionally, it must be demonstrated that
the apprenticeship program has made significant efforts to attract and
retain minority apprentices, as determined by the affirmative action
goals established for such programs by the department of labor.
S 7. Whenever the developer enters into a contract under which employ-
ees are employed to perform building service work, as that term is
defined in section 230 of the labor law, such work shall be subject to
article 9 of the labor law to the same extent as building services work
performed pursuant to a contract with a public agency.
S 8. Whenever employees perform work at the project other than work
performed under sections five and seven of this act, such employees
shall be paid by their employer no less than the median hourly wage for
"all occupations" in the metropolitan statistical area closest to the
project location, published by the United States bureau of labor statis-
tics, for the duration of the lease term. All of the provisions of arti-
cle 9 of the labor law shall apply. Employers shall be subject to the
requirements of contractors under article 9 of the labor law.
S 9. 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 10. Without limiting the determination of such terms and conditions
by said trustees, such terms and conditions may provide for leasing,
construction, reconstruction, rehabilitation, improvement, operation and
management of and provision of services and assistance and granting of
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licenses, easements and other arrangements with regard to such grounds
and facilities by the developer and parties contracting with the devel-
oper and, in connection with such activities, the obtaining of financ-
ing, whether public or private or secured (including, but not limited
to, secured by leasehold mortgages and assignments of rents and leases),
by the developer for the purposes of completing the projects described
in this act.
S 11. Any contracts entered into pursuant to this act between the
developer and parties contracting with the developer for work on this
project as defined in section five of this act shall be awarded by a
competitive process.
S 12. Any contracts or leases entered into by the state university of
New York of the developer pursuant to this act shall be subject to the
approval of the attorney general as to form as well as by the director
of the budget and the state comptroller. Any and all proceeds relating
to the leases authorized by this act shall be applied for and in furth-
erance of the mission of Upstate Medical University and shall include,
but not be limited to the following: student scholarships for educa-
tionally and economically disadvantaged students; additional full-time
faculty positions; funds for the construction and rehabilitation of new
and existing Upstate Medical University buildings; and funds to support
the teaching, research and service missions of Upstate Medical Universi-
ty.
S 13. The state university of New York shall not lease lands described
in this act unless contract is executed by the developer or lessee for a
project pursuant to this act within two years of the effective date of
this act.
S 14. Any lease or other agreement executed pursuant to this act 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, employ-
ees, 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 15. 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; provided, however, that all leases, contracts,
financing, granting of licenses, easements, and other arrangements with
regard to a project pursuant to this act shall be subject to the
provisions of article 8 of the environmental conservation law.
S 16. Severability. If any section, subdivision, paragraph, subpara-
graph, clause or other part of this act or its application is held to be
invalid by final judgment of a court of competent jurisdiction, such
invalidity shall not be deemed to impair or otherwise affect the validi-
ty of the remaining provisions or applications of this act that can be
given effect without such invalid provision or application, but such
invalidity shall be confined to the section, subdivision, paragraph,
subparagraph, clause or other part of this act or its application
directly held invalid thereby, which are declared to be severable from
the remainder of this act. It is declared to be the intent of the legis-
lature that this act would have been enacted but for any such invalid
provision or application thereof.
S 17. This act shall take effect immediately.
