LBD02543-04-1
A. 340--A 2
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 improve-
ments thereon shall revert to the state university of New York upon the
expiration of such lease. The description of the parcels to be leased
pursuant to such section are not meant to be legal descriptions, but are
intended only to identify the parcels and improvements to be leased for
purposes consistent with the mission of the state university of New York
at Purchase.
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 Purchase college
advancement corporation as described in section fourteen of this act
that involves the design, construction, reconstruction, demolition,
excavating, rehabilitation, repair, renovation, alteration or improve-
ment of a senior learning community.
(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 the provisions of any general, special, or local
law or judicial decision to the contrary:
(a) The Purchase college advancement 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 Purchase college advancement corporation's request for
proposals for the project and when the Purchase college advancement
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 Purchase college advancement 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.
(c) Any contract to which the Purchase college advancement corporation
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 Purchase college
advancement corporation pursuant to any lease, permit or other agreement
between such third party and the Purchase college advancement corpo-
ration, 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 para-
graph 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 Purchase college advancement
corporation for a project shall contain a provision that the contractor
shall furnish a labor and material bond guaranteeing prompt payment of
moneys that are due to all persons furnishing labor and materials pursu-
ant to the requirements of any contracts for a project undertaken pursu-
ant to this section and a performance bond for the faithful performance
A. 340--A 3
of the project, which shall conform to the provisions of section 103-f
of the general municipal law, and that a copy of such performance and
payment bonds shall be kept by the Purchase college advancement corpo-
ration and shall be open to public inspection.
(e) For the 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 section 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 Purchase college advancement corporation enters into
a contract, subcontract, lease, grant, bond, covenant or other agreement
for a project undertaken pursuant to this act, the Purchase college
advancement corporation 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 contractors and subcon-
tractors in complying with existing labor standards and maintaining
harmonious labor relations, and the commitment of contractors to work
with minority and women owned business enterprises pursuant to article
15-A of the executive law through joint ventures or subcontractor
relationships.
S 5. The Purchase college advancement corporation shall require that
whenever work is performed under this section, the contractors and
subcontractors shall have apprenticeship programs appropriate for the
type and scope of work to be performed, 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 affirmative action goals established for
such programs by the department of labor.
S 6. Whenever the Purchase college advancement corporation enters into
a contract under which employees 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 7. Whenever employees perform work at the senior learning community
other than work performed under sections four and six 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
statistics, for the duration of the lease term. All of the provisions
of article 9 of the labor law shall apply. Employers shall be subject to
the requirements of contractors under article 9 of the labor law.
S 8. All developers must have entered into an agreement with the labor
organization or organizations that is/are actively engaged in represent-
ing and attempting to represent food and beverage, housekeeping, or
other service employees in the state university of New York at Purchase
area that is valid and enforceable under 29 U.S.C. section 185(a) and
that prohibits any strikes, picketing or other economic interference
with such food and beverage, housekeeping, or other service operations
and ensures that any such operations that are conducted by contractors,
subcontractors, licensees, assignees, tenants or subtenants, shall be
A. 340--A 4
done under contracts enforceable under 29 U.S.C. section 185(a) contain-
ing the same provisions as specified above.
S 9. Notwithstanding any other provision of this act, an employer and
employee organization of the senior learning community may enter into an
agreement which shall: (1) confer jurisdiction of the New York state
employment relations board; (2) provide for participation in an agree-
ment for the designation of collective bargaining under subdivision 1 of
section 705 of the labor law, commonly known as card check; and (3)
impose no strike provisions as set forth in subdivision two of this
section. Upon execution of such an agreement by both parties containing
all of the provisions set forth in this subdivision, the agreement shall
be binding and enforceable against both parties.
S 10. 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
otherwise 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 11. 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
licenses, easements and other arrangements with regard to such grounds
and facilities by the Purchase college advancement corporation and
parties contracting with the Purchase college advancement corporation
and, in connection with such activities, the obtaining of financing,
whether public or private or secured (including but not limited to,
secured by leasehold mortgages and assignments of rents and leases), by
the Purchase college advancement corporation and parties contracting
with the Purchase college advancement corporation, for the purposes of
completing the projects described in this act.
Parcel C shall be leased for the development of not more than 385
units of a senior learning community.
S 12. Any contracts entered into pursuant to this act between the
Purchase college advancement corporation and parties contracting with
the Purchase college advancement corporation shall be awarded by a
competitive process.
S 13. (a) Any contracts or leases entered into by the state university
of New York or the Purchase college advancement corporation pursuant to
this act shall be subject to 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
allocated by the board of trustees for Purchase college, state universi-
ty of New York, in the following manner: seventy-five percent to the
student financial aid for students who are eligible to receive a tuition
assistance award or supplemental tuition assistance pursuant to section
667 or 667-a of the education law and twenty-five percent to support
additional full-time faculty positions.
(b) The trustees of the state university of New York shall, on or
before July first of each year that a lease of lands as authorized by
this act remains in effect, report to the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the director of the
division of the budget, the senate finance committee, the assembly ways
and means committee and the higher education committees of the legisla-
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ture the following information: (i) all proceeds derived from any lease
authorized by this act with a description of how such proceeds have been
allocated that year under subdivision (a) of this section; (ii) the
amount of funds spent at the state university of New York at Purchase
for additional full-time faculty positions and the number of additional
faculty positions associated with such amount; and (iii) the amount of
funds spent at the state university of New York at Purchase for student
scholarships, the total number of students receiving such scholarships
and the number of students receiving such scholarships within the
following income, as defined in section 663 of the education law, cate-
gories: (A) 0-20,000 dollars; (B) 20,001-40,000 dollars; (C)
40,001-60,000 dollars; and (D) 60,001-80,000 dollars.
S 14. The property authorized by this act to be leased to the Purchase
college advancement corporation is generally described as a parcel of
real property with improvements thereon, consisting of approximately
40.5 acres, situated on the campus of the state university of New York
at Purchase. The description in this section of the land to be leased is
not a legal description, but is intended only to identify the premises
to be leased for purposes consistent with the mission of the state
university of New York at Purchase:
Parcel C
ALL that plot, piece or parcel of land situate and being in the Town of
Harrison, County of Westchester and State of New York, bounded and
described as follows:
BEGINNING at a point at the southeasterly corner of the herein described
Lease Parcel C, said point being located, N 80° 51' 39" W 163.33 feet, N
81° 12' 39" W 4.91 feet, N 02° 00' 00" W 407.31 feet and N 00° 19' 17" E
62.93 feet from the point of beginning of Parcel #1 as shown on a map
entitled, "Department of Education, State University of New York, State
University College at Westchester, Map #1, Parcels 1, 2 and 3", dated
and filed in the office of the Department of Public Works, May 27, 1966;
thence through Parcel #1 along the northerly and easterly side of West
Road, N 79° 50' 00" W 285.54 feet, northwesterly on a curve to the right
of radius 743.00 feet, an arc length of 988.36 feet, having a chord
bearing N 41° 43' 30" W 917.09 feet, N 03° 37' 00" W 178.77 feet, N 06°
55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
us 592.00 feet, an arc length of 172.61 feet, having a chord bearing N
01° 26' 11" W 172.00 feet to a point; thence leaving the easterly side
of West Road and continuing through Parcel #1, N 77° 18' 00" E 130.00
feet, N 82° 12' 00" E 140.00 feet, S 09° 47' 00" E 364.83 feet, S 69°
00' 00" E 463.42 feet, S 00° 02' 00" E 369.54 feet, S 27° 40' 00" W
194.81 feet, S 79° 51' 00" E 154.52 feet, S 10° 39' 00" W 325.93 feet, S
03° 48' 00" E 310.96 feet, S 04° 45' 00" W 271.62 feet, S 01° 38' 00" E
142.45 feet and S 03° 04' 00" W 311.20 feet to the point or place of
beginning.
CONTAINING 40.05 ACRES OF LAND
S 15. The state university of New York shall not lease lands described
in this act unless a contract is executed by the Purchase college
advancement corporation or lessee for a project pursuant to this act
within three years of the effective date of this act.
S 16. 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-
A. 340--A 6
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 17. 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 18. The state university trustees are hereby authorized and directed
to designate and maintain a minimum of 80 acres of real property located
within the boundaries of the campus of the state university of New York
at Purchase for permanent preservation as open space lands.
S 19. All real property included in section eighteen of this act shall
be maintained for one or more of the following purposes:
(a) open space lands and natural areas for maintaining plants, animals
and natural communities; and
(b) an area of natural or historic interest and beauty which provides
the public with passive recreational opportunities.
S 20. (a) The state university trustees shall cause to be undertaken a
survey of the real property included in section nineteen of this act.
Such survey shall be completed and made available to the legislature and
the public not later than six months after the effective date of this
act.
(b) The state university trustees shall develop, in consultation with
the department of environmental conservation, a stewardship plan for the
maintenance of the real property included in section nineteen of this
act as open lands. Such plan shall be completed and made available to
the public not later than six months after the effective date of this
act.
S 21. (a) Any contract or leases entered into by the state university
of New York or the Purchase college advancement corporation pursuant to
this act shall provide that not less than 20 percent of the units in the
senior learning community must, upon the initial rental of the units and
upon all subsequent rentals of the units after a vacancy, be affordable
to and occupied or available for occupancy by individuals or families
whose incomes at the time of initial occupancy do not exceed 80 percent
of the median household income for the county of Westchester as calcu-
lated by the United States census bureau.
(b) All affordable units must be geographically integrated with the
market rate units and residents of such units shall be provided with and
have access to the services and amenities available to other residents
in the development.
(c) Residents of the county where the development is located shall
have priority for the rental of 50 percent of the affordable units,
provided they meet the income requirements of this section.
S 22. This act shall take effect immediately.