S. 5706 2
president of the senate, and the speaker of the assembly, after consul-
tation with the members of the senate, the assembly and the city council
of the city of New York representing the area in which the parkland
described in section one of this act is located, which memorandum of
understanding shall, among other matters: (i) identify the extent of,
the sources for and the procedures applicable to funding for parkland
and other recreational space in the borough of Manhattan to replace the
parkland described in section one of this act; (ii) provide for the city
of New York to designate and map parkland in the borough of Manhattan
that will, in conjunction with parkland that the city of New York so
designates and maps pursuant to section three of this act, have a fair
market value in the aggregate of no less than the fair market value of
the parkland described in section one of this act; (iii) provide for the
city of New York to take possession of the area within the borough of
Manhattan, city of New York, known as the ConEd Waterside Pier between
Thirty-eighth and Forty-first Streets, for the prior user of said area
to make a payment for the structural rehabilitation of said area and for
the city of New York to commence said rehabilitation after such payment
is made; and (iv) provide for a portion of amounts available to the city
of New York in the future in the event of an ownership transfer by sale
or otherwise or a refinancing involving the existing buildings at One
and Two United Nations Plaza (First Avenue) in the borough of Manhattan,
city of New York, to be dedicated toward the costs of a continuous walk-
way and bike path along the East River or the costs of other parkland in
the borough of Manhattan; and (b) upon the further condition that the
city of New York satisfies the obligations as described in such memoran-
dum of understanding as being required to be satisfied prior to the
alienation of the parkland described in section one of this act. The
authorization contained in section one of this act shall be negated if
the city of New York fails to satisfy such obligations described in such
memorandum of understanding as being required to be satisfied prior to
alienation of the parkland described in section one of this act. Any
obligations of the city of New York set forth in such memorandum of
understanding and not described therein as being required to be satis-
fied prior to the alienation of the parkland described in section one of
this act, shall, to the extent stated in such memorandum of understand-
ing, survive such alienation and be enforceable against the city of New
York with the same effect as if included in this act. Persons described
in such memorandum of understanding as having standing to pursue equita-
ble remedies against the city of New York to enforce any obligation that
the city of New York may be required to satisfy as described in such
memorandum of understanding shall have standing to pursue such equitable
remedies. The preceding two sentences shall not limit any other remedies
that may be available as provided in such memorandum of understanding.
S 3. Notwithstanding anything to the contrary contained in any gener-
al, special or local law, including the New York city charter and admin-
istrative code of the city of New York, and provided that the memorandum
of understanding is completed and signed as provided in section two of
this act, and provided further that the city of New York has satisfied
the obligations as described in such memorandum of understanding as
being required to be satisfied prior to the provisions of this section
three being effective, the city of New York, acting by its mayor alone,
or his or her designee, is hereby authorized and empowered to take such
administrative and other actions as are necessary or desirable, all of
which shall be deemed ministerial, to demap, discontinue and close as
part of public streets of the city of New York, located in the borough
S. 5706 3
of Manhattan, the following area of approximately sixty-two hundredths
and sixty-seven ten thousandths of an acre (.6267 acres), located in the
borough of Manhattan, city of New York, for purposes of designating and
mapping such area as parkland, such administrative and other actions
being also authorized for such designation and mapping as parkland:
Beginning at the northwest corner of the intersection of East Twenty-
third Street and Asser Levy Place, as those streets were heretofore laid
out on the map of the city of New York, thence running approximately
sixty feet in an easterly direction along the southerly line of Asser
Levy Place to a point, thence running approximately four hundred fifty-
five feet in a northerly direction, said course forming a deflection
angle to the left with the previous course of ninety degrees, no minutes
and no seconds, thence running approximately sixty feet in a westerly
direction, said course forming a deflection angle to the left with the
previous course of ninety degrees, no minutes and no seconds, thence
running approximately four hundred fifty-five feet in a southerly direc-
tion, said course forming a deflection angle to the left of ninety
degrees, no minutes and no seconds to the place or point of beginning.
S 4. Section 1 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, is amended by adding five
new subdivisions 10-a, 13, 13-b, 14 and 15 to read as follows:
10-A. "FURTHER DEVELOPMENT PLAN AT 42ND STREET." A DEVELOPMENT PLAN
FOR THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA, INCLUDING
IMPROVEMENTS WITHIN SAID AREA AND ANY IMPROVEMENTS INCIDENTAL THERETO
OUTSIDE SAID AREA.
13. "REUSE PROJECT." THE INITIAL REUSE PROJECT AND THE ADDITIONAL
REUSE PROJECT DESCRIBED IN SUBDIVISIONS THIRTEEN-A AND THIRTEEN-B,
RESPECTIVELY, OF SECTION ONE OF THIS CHAPTER.
13-B. "ADDITIONAL REUSE PROJECT." THE ACQUISITION OF LAND, EASEMENT
AND OTHER RIGHTS WITHIN OR APPURTENANT TO THE AREA IN THE BOROUGH OF
MANHATTAN, CITY OF NEW YORK, DESCRIBED IN THIS SUBDIVISION, AND THE
MAINTENANCE, REPAIR, OPERATION, ALTERATION AND RENOVATION, FROM TIME TO
TIME, OF IMPROVEMENTS LOCATED ON SUCH LAND, EXCLUSIVELY FOR USE BY THE
UNITED NATIONS, INCLUDING ITS ORGANS, SUBSIDIARY BODIES AND SPECIALIZED
AND OTHER AGENCIES AND MEMBERS OF THE PUBLIC VISITING UNITED NATIONS
HEADQUARTERS IN THE CITY OF NEW YORK. THE AREA REFERRED TO ABOVE IS
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
FORTY-FIFTH STREET AND UNITED NATIONS PLAZA (FIRST AVENUE), RUNNING
THENCE WESTERLY ALONG FORTY-FIFTH STREET A DISTANCE OF ONE HUNDRED FEET,
RUNNING THENCE NORTHERLY, PARALLEL TO UNITED NATIONS PLAZA (FIRST
AVENUE), A DISTANCE OF EIGHTY FEET FIVE INCHES, RUNNING THENCE EASTERLY,
PARALLEL TO FORTY-FIFTH STREET, A DISTANCE OF TWENTY FEET, RUNNING
THENCE SOUTHERLY, PARALLEL TO UNITED NATIONS PLAZA (FIRST AVENUE), A
DISTANCE OF FORTY FEET, RUNNING THENCE EASTERLY, PARALLEL TO FORTY-FIFTH
STREET, A DISTANCE OF EIGHTY FEET, AND RUNNING THENCE SOUTHERLY ALONG
UNITED NATIONS PLAZA (FIRST AVENUE) A DISTANCE OF FORTY FEET FIVE INCHES
TO THE PLACE OR POINT OF BEGINNING. PROVIDED THAT THE MEMORANDUM OF
UNDERSTANDING IS COMPLETED AND SIGNED AS PROVIDED IN SECTION TWO OF THE
CHAPTER OF THE LAWS OF 2011 THAT ADDED THIS SUBDIVISION AND PROVIDED
FURTHER THAT THE CITY OF NEW YORK SHALL HAVE SATISFIED THE OBLIGATIONS
AS DESCRIBED IN SUCH MEMORANDUM OF UNDERSTANDING AS BEING REQUIRED TO BE
SATISFIED PRIOR TO THE CORPORATION UNDERTAKING THE ADDITIONAL REUSE
PROJECT, THE ADDITIONAL REUSE PROJECT AND THE SITE THEREOF SHALL FOR ALL
PURPOSES BE DEEMED TO BE LOCATED WITHIN THE DISTRICT AND BE DEEMED ALSO
TO BE A PROJECT AS DEFINED IN THIS CHAPTER AND SHALL, EXCEPT FOR ANY NEW
CONSTRUCTION OR ANY INCREASE IN THE HEIGHT OR FLOOR AREA OF ANY PREVI-
S. 5706 4
OUSLY CONSTRUCTED BUILDING, BE DEEMED FOR ALL PURPOSES TO BE PART OF AND
TO CONFORM TO A DEVELOPMENT PLAN FOR A PORTION OF THE DISTRICT, WHICH
HAS BEEN FORMULATED, REVIEWED AND APPROVED IN ACCORDANCE WITH SECTION
SEVEN OF THIS CHAPTER.
14. "UNITED NATIONS 42ND STREET CONSOLIDATION PROJECT." THE ACQUISI-
TION BY LEASE OR OTHERWISE FROM THE CITY OF NEW YORK AND OTHER PARTIES,
IF ANY, OF LAND, EASEMENT AND OTHER RIGHTS WITHIN THE UNITED NATIONS
42ND STREET CONSOLIDATION AREA, AND ASSOCIATED PROPERTY INTERESTS
RELATED THERETO, AND FROM TIME TO TIME THEREAFTER, THE CONSTRUCTION,
ALTERATION, RENOVATION AND REBUILDING, AND THE OWNERSHIP OR OPERATION,
INCLUDING REPAIR AND MAINTENANCE, OF OFFICE SPACE AND RELATED FACILI-
TIES, A TUNNEL (TO PROVIDE SECURE PASSAGE FROM AND TO UNITED NATIONS
PERMANENT HEADQUARTERS), AND SPACE AND FACILITIES RELATED TO THE FOREGO-
ING, EXCLUSIVELY FOR USE BY THE UNITED NATIONS, INCLUDING ITS ORGANS,
SUBSIDIARY BODIES AND SPECIALIZED AND OTHER AGENCIES; THE CONSTRUCTION
WITHIN, AND IMPROVEMENT, ALTERATION, USE AND OPERATION OF, VOLUMES OF
SPACE, AFTER THE SAME ARE DEMAPPED, DISCONTINUED AND CLOSED AS PART OF
PUBLIC STREETS OF THE CITY OF NEW YORK, LOCATED IN THE BOROUGH OF
MANHATTAN EAST OF UNITED NATIONS PLAZA (FIRST AVENUE) BELOW FORTY-SECOND
STREET OR BELOW THE ROADWAY OF THE FRANKLIN D. ROOSEVELT (EAST RIVER)
DRIVE, FOR PURPOSES OF SUCH TUNNEL; THE CREATION, IMPROVEMENT, ALTER-
ATION AND RENOVATION OF SPACE, FACILITIES AND IMPROVEMENTS WITHIN OR
OUTSIDE THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA TO THE EXTENT
INCIDENTAL TO SUCH OFFICE SPACE AND TUNNEL; AND THE CORPORATION'S COOP-
ERATION WITH AND ASSISTANCE TO THE CITY OF NEW YORK CONCERNING PLANNING
FOR, AND THE CORPORATION'S PAYMENT OF COSTS OF, PARKLAND REPLACEMENT TO
COMPENSATE FOR DISCONTINUING THE USE AS PARKLAND OF A PORTION OF ROBERT
MOSES PLAYGROUND IN THE BOROUGH OF MANHATTAN FOR PURPOSES OF THE UNITED
NATIONS 42ND STREET CONSOLIDATION PROJECT. PROVIDED THAT THE MEMORANDUM
OF UNDERSTANDING IS COMPLETED AND SIGNED AS PROVIDED IN SECTION TWO OF
THE CHAPTER OF THE LAWS OF 2011 THAT ADDED THIS SUBDIVISION, THE LAND,
BUILDINGS AND OTHER IMPROVEMENTS INCLUDED IN OR OTHERWISE PART OF THE
UNITED NATIONS 42ND STREET CONSOLIDATION PROJECT SHALL FOR ALL PURPOSES
BE DEEMED TO BE LOCATED WITHIN THE DISTRICT AND BE DEEMED ALSO TO BE
PART OF A PROJECT AS DEFINED IN THIS CHAPTER.
15. "CITY COUNCIL." THE CITY COUNCIL OF THE CITY OF NEW YORK.
S 4-a. Subdivisions 10 and 13-a of section 1 of chapter 345 of the
laws of 1968, relating to establishing a United Nations development
district, subdivision 13-a as added by chapter 34 of the laws of 1993,
are amended to read as follows:
10. "Development plan." A plan or plans, INCLUDING A FURTHER DEVELOP-
MENT PLAN AT 42ND STREET, AND INCLUDING ANY SUPPLEMENTS, ADDITIONS OR
AMENDMENTS TO SUCH PLAN OR PLANS, for the development of all or part of
the district which shall include but shall not be limited to: A state-
ment of proposed land uses; proposed land acquisition, demolition and
removal of structures; proposed acquisition of air rights and concom-
itant easements or other rights of user necessary for the use and devel-
opment of such air rights; proposed public, semi-public, private or
community facilities or utilities, WITH A SITE PLAN AND DRAWINGS THERE-
FOR; a statement as to the relationship between the development plan and
a comprehensive plan for the development of the municipality as a whole;
a statement as to proposed new codes and ordinances and amendments to
existing codes and ordinances as are required or necessary to effectuate
the plan or plans; a proposed time schedule for the effectuation of such
plan or plans, and such additional statements or documentation as the
corporation may deem appropriate.
S. 5706 5
13-a. [Reuse] "INITIAL REUSE project." The acquisition and alteration,
renovation or rebuilding, from time to time, without any increase in the
height of any previously constructed building and without any
construction on any vacant land, of real property consisting of any
previously constructed commercial building or buildings, or any portion
thereof, and the land and associated property interests related thereto,
primarily for use by the United Nations, including its organs, subsid-
iary bodies and specialized and other agencies, provided that: any such
acquisition shall occur before December 31, 1998; such building or
buildings shall be located at 633 Third Avenue, 685 Third Avenue or 845
United Nations Plaza in the borough of Manhattan, city of New York; not
more than eight hundred thousand square feet of floor area shall be
acquired if such floor area is located in more than one of such build-
ings; and the corporation shall not transfer any unused development
rights from any of such buildings or add to any of such buildings any
unused development rights from any other property. The reuse project
shall for all purposes be deemed to be located within the district and
be deemed also to be a project and to be part of and to conform to a
development plan for a portion of the district, which has been formu-
lated, reviewed and approved in accordance with section seven of this
chapter.
S 5. Chapter 345 of the laws of 1968, relating to establishing a
United Nations development district, is amended by adding a new section
3-a to read as follows:
S 3-A. ESTABLISHMENT OF UNITED NATIONS 42ND STREET CONSOLIDATION
AREA. THE FOLLOWING AREA LYING SOUTH OF THE PERMANENT HEADQUARTERS OF
THE UNITED NATIONS, IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND
BOUNDED AND DESCRIBED AS FOLLOWS, IS HEREBY DESIGNATED AS THE "UNITED
NATIONS 42ND STREET CONSOLIDATION AREA": BEGINNING AT THE NORTHEAST
CORNER OF UNITED NATIONS PLAZA (FIRST AVENUE) AND FORTY-FIRST STREET,
RUNNING EASTERLY ALONG THE NORTHERLY SIDE OF FORTY-FIRST STREET A
DISTANCE OF THREE HUNDRED FIVE FEET SEVEN EIGHTHS INCHES, RUNNING THENCE
NORTHERLY, PARALLEL TO UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE
OF ONE HUNDRED SIXTY-EIGHT FEET, RUNNING THENCE WESTERLY, PARALLEL TO
FORTY-FIRST STREET, A DISTANCE OF ONE HUNDRED FIFTY-NINE FEET, RUNNING
THENCE NORTHERLY, PARALLEL TO UNITED NATIONS PLAZA (FIRST AVENUE), A
DISTANCE OF TWENTY-NINE FEET SIX INCHES, RUNNING THENCE WESTERLY, ALONG
THE SOUTHERLY SIDE OF FORTY-SECOND STREET, A DISTANCE OF ONE HUNDRED
FORTY-SIX FEET SEVEN EIGHTHS INCHES, AND RUNNING THENCE SOUTHERLY, ALONG
THE EASTERLY SIDE OF UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE OF
ONE HUNDRED NINETY-SEVEN FEET SIX INCHES, TO THE POINT OR PLACE OF
BEGINNING. PROVIDED THAT THE MEMORANDUM OF UNDERSTANDING IS COMPLETED
AND SIGNED AS PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011
THAT ADDED THIS SECTION, THE LAND INCLUDED IN THE UNITED NATIONS 42ND
STREET CONSOLIDATION AREA SHALL FOR ALL PURPOSES BE DEEMED TO BE LOCATED
WITHIN THE DISTRICT.
S 6. Section 6 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, subdivision 3 as amended
by chapter 623 of the laws of 1971, is amended to read as follows:
S 6. Powers and duties of corporation. The powers and duties of the
corporation shall be:
(1) to undertake surveys of the present and anticipated need: for
[locations for missions,] office space, meeting facilities, [and] hous-
ing and recreational facilities [for] AND OTHER FACILITIES FOR THE
UNITED NATIONS, DELEGATIONS AND delegates TO THE UNITED NATIONS, person-
nel of delegations TO THE UNITED NATIONS, and members of the United
S. 5706 6
Nations staff; for office space, auditorium and meeting facilities for
related nongovernmental organizations; for hotel accommodations for
visiting heads of state and other dignitaries; for bus terminals, dining
facilities, and other facilities for visiting persons and groups[,]; for
parking[,]; and for housing, commercial, industrial and other facilities
necessary or appropriate to carry out the purposes of this chapter,
(2) subject to the approval of the [board of estimate and the] commis-
sion AND THE CITY COUNCIL as hereinafter provided, to formulate a devel-
opment plan or plans [including supplements, additions and amendments
thereto,] in accordance with the foregoing present and anticipated
needs, with provision for relocation of individuals and commercial
establishments outside or within the district,
(3) [to undertake or cause its subsidiary corporation or corporations]
to undertake, or otherwise to have undertaken on behalf of the corpo-
ration, the execution of a development plan or of a portion thereof, and
the financing, acquisition, construction, rehabilitation, improvement,
operation and management of any project or portion thereof, including
attendant relocation facilities, provided however, that all contracts
let by the corporation [or by a subsidiary (rather than a sponsor or a
person, firm or corporation acting as sponsor in lieu of the corporation
or its subsidiaries)] for the erection, construction, or alteration of
buildings shall be let in conformity with the provisions of section one
hundred thirty-five of the state finance law, EXCEPT THAT SUCH
PROVISIONS SHALL NOT BE APPLIED TO RESTRICT THE CORPORATION'S PRE-QUALI-
FICATION OF BIDDERS FOR PURPOSES OF THE UNITED NATIONS 42ND STREET
CONSOLIDATION PROJECT, AND PROVIDED FURTHER THAT EXECUTION OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET MAY NOT PROCEED UNLESS AND UNTIL THE
APPROVAL THEREOF BY THE COMMISSION AND THE CITY COUNCIL AS HEREINAFTER
PROVIDED AND UNLESS AND UNTIL THE MEMORANDUM OF UNDERSTANDING REFERRED
TO IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011 AMENDING THIS
SECTION HAS BEEN COMPLETED AND SIGNED AS PROVIDED IN THAT SECTION.
[(4) when, in the opinion of the board of directors, it would be more
appropriate or convenient to have the execution of a particular develop-
ment plan or portion thereof undertaken by a sponsor rather than by the
corporation or one or more of its subsidiaries, to select a proposed
sponsor or sponsors financially responsible and otherwise qualified by
experience and training to undertake the execution of the development
plan and to relocate residents and businesses to be displaced thereby,
(5) to advise and generally supervise such sponsor or sponsors or
successors thereto in connection with such relocation and development,
(6) with the approval of the board of estimate, (a) to enter into
agreements with a qualified sponsor or sponsors for the implementation
and execution of all or a portion of a development plan, or, (b) where
such implementation and execution is to be undertaken by the corporation
or one or more of its subsidiaries, to enter into agreements for the
implementation and execution of such development plan or portion thereof
with persons, firms or corporations acting as sponsors in lieu of the
corporation or its subsidiaries, and (c) to enter into agreements amend-
ing, modifying or superseding such agreements, and
(7)] (4) to furnish advice, technical assistance and liaison with
federal, state and city authorities and with users and occupants of the
facilities to be created within the district with respect to educa-
tional, social and cultural activities within the district, and other-
wise to foster and encourage greater public knowledge of, and partic-
ipation in, the activities of the United Nations and affiliated
organizations, AND
S. 5706 7
(5) TO PROVIDE ADVICE AND SERVICES WITH RESPECT TO REAL ESTATE NEEDS
AND DEVELOPMENT AS REQUESTED BY THE STATE OR CITY OF NEW YORK, THE
UNITED STATES OR THE UNITED NATIONS.
S 7. Subdivision a of section 7 of chapter 345 of the laws of 1968,
relating to establishing a United Nations development district, is
amended to read as follows:
a. The corporation shall prepare or cause to be prepared a development
plan for the district, or, if the corporation deems it necessary or
advisable that the development of the district OR A PORTION THEREOF be
carried out in stages, development plans for parts or portions of the
district. Any development plan shall include a requirement that relo-
cation benefits be provided to individuals and businesses to be
displaced in the course of redevelopment which are at least equal to
those for which such individuals and businesses would be eligible under
federal law at the time of their relocation if the development plan were
an urban renewal plan.
S 7-a. Section 7 of chapter 345 of the laws of 1968, relating to
establishing a United Nations development district, is amended by adding
two new subdivisions e and f to read as follows:
E. THE PROVISIONS OF SUBDIVISIONS B, C AND D OF THIS SECTION SHALL
NOT APPLY TO ANY FURTHER DEVELOPMENT PLAN AT 42ND STREET OR ANY DEVELOP-
MENT PLAN FOR ANY NEW CONSTRUCTION OR ANY INCREASE IN THE HEIGHT OR
FLOOR AREA OF THE PREVIOUSLY CONSTRUCTED BUILDING LOCATED ON LAND
ACQUIRED AS PART OF THE ADDITIONAL REUSE PROJECT OR ANY AMENDMENT OF ANY
SUCH DEVELOPMENT PLAN. ANY SUCH DEVELOPMENT PLAN OR AMENDMENT SHALL BE
SUBJECT TO REVIEW PURSUANT TO SECTION ONE HUNDRED NINETY-SEVEN-C AND
SECTION ONE HUNDRED NINETY-SEVEN-D OF THE CHARTER OF THE CITY OF NEW
YORK IN THE SAME MANNER AS IF SUCH DEVELOPMENT PLAN OR AMENDMENT WERE
DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION B OF SECTION ONE HUNDRED NINE-
TY-SEVEN-D OF THE CHARTER OF THE CITY OF NEW YORK. APPROVAL OF ANY SUCH
DEVELOPMENT PLAN OR AMENDMENT SHALL INCLUDE, WITHOUT LIMITATION, LAND
USE REVIEW AUTHORIZATION FOR ANY DISPOSITION BY THE CITY OF NEW YORK OF
ANY AND ALL LAND OR OTHER RIGHTS, AND ANY DEMAPPING, DISCONTINUING AND
CLOSING BY THE CITY OF NEW YORK OF ANY AND ALL VOLUMES OF SPACE AND ANY
OTHER PORTION OF ANY PUBLIC STREETS, FOR PURPOSES OF A FURTHER DEVELOP-
MENT PLAN AT 42ND STREET.
F. NO PORTION OF A FURTHER DEVELOPMENT PLAN AT 42ND STREET IS PERMIT-
TED TO BE EFFECTUATED IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, ANY
ACQUISITION BY THE CORPORATION OF ANY INTEREST IN THE UNITED NATIONS
42ND STREET CONSOLIDATION AREA, ANY COMMENCEMENT OF CONSTRUCTION BY THE
CORPORATION WITHIN THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA AND
ANY OTHER PHYSICAL ACTIVITY BY THE CORPORATION ON, OR OTHER INTERFERENCE
BY THE CORPORATION WITH USE OF OR ACCESS TO, THE UNITED NATIONS 42ND
STREET CONSOLIDATION AREA, UNLESS AND UNTIL A FURTHER DEVELOPMENT PLAN
AT 42ND STREET HAS BEEN REVIEWED AS PROVIDED IN SUBDIVISION E OF THIS
SECTION AND A MEMORANDUM OF UNDERSTANDING IS COMPLETED AND SIGNED AS
PROVIDED FOR IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011 THAT
ADDED THIS SUBDIVISION.
S 8. Section 9 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, is amended by adding a
new subdivision d to read as follows:
D. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY GENERAL,
SPECIAL OR LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK, THE CITY OF NEW YORK, ACTING BY ITS MAYOR ALONE,
OR HIS OR HER DESIGNEE, SHALL BE AUTHORIZED, FOR THE EFFECTUATION OF A
FURTHER DEVELOPMENT PLAN AT 42ND STREET WHEN APPROVED PURSUANT TO
S. 5706 8
SECTION ONE HUNDRED NINETY-SEVEN-C AND SECTION ONE HUNDRED NINETY-SEV-
EN-D OF THE CHARTER OF THE CITY OF NEW YORK IN THE SAME MANNER AS IF
SUCH DEVELOPMENT PLAN OR AMENDMENT WERE DESCRIBED IN PARAGRAPH ONE OF
SUBDIVISION B OF SECTION ONE HUNDRED NINETY-SEVEN-D OF THE CHARTER OF
THE CITY OF NEW YORK, AND WHEN OTHERWISE PERMITTED TO BE EXECUTED AS
PROVIDED IN THIS CHAPTER, TO TAKE SUCH ACTIONS AS ARE NECESSARY OR
DESIRABLE, TO DEMAP, DISCONTINUE AND CLOSE VOLUMES OF SPACE PART OF THE
PUBLIC STREETS OF THE CITY OF NEW YORK, LOCATED IN THE BOROUGH OF
MANHATTAN EAST OF UNITED NATIONS PLAZA (FIRST AVENUE), AND BELOW FORTY-
SECOND STREET, OR BELOW THE ROADWAY AT THE FRANKLIN D. ROOSEVELT (EAST
RIVER) DRIVE, FOR PURPOSES OF A TUNNEL AS PART OF THE UNITED NATIONS
42ND STREET CONSOLIDATION PROJECT, AND TO SELL, LEASE FOR A TERM NOT
EXCEEDING NINETY-NINE YEARS, OR OTHERWISE DISPOSE OF TO THE CORPORATION
ANY LAND AND OTHER INTERESTS IN REAL PROPERTY OWNED BY THE CITY OF NEW
YORK, REGARDLESS OF HOW ACQUIRED, AND INCLUDED IN THE UNITED NATIONS
42ND STREET CONSOLIDATION PROJECT, INCLUDING ANY DISCONTINUED, DEMAPPED
AND CLOSED PART OF THE PUBLIC STREETS OF THE CITY OF NEW YORK, WITHOUT
ANY PAYMENT OF MONEY THEREFOR AND WITHOUT FURTHER REVIEW OR APPROVALS,
OTHER THAN SAID APPROVAL OF THE FURTHER DEVELOPMENT PLAN AT 42ND STREET,
AND THE COMPLETION AND SIGNATURE OF THE MEMORANDUM OF UNDERSTANDING AS
PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011 THAT ADDED
THIS SUBDIVISION, AND WITHOUT PUBLIC AUCTION OR SEALED OR COMPETITIVE
BIDS.
S 9. Section 13 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, is amended to read as
follows:
S 13. Exemption from taxation. It is hereby found, determined and
declared that the creation of the corporation and the carrying out of
its purposes is in all respects for the benefit of the people of the
city and state of New York and is a public purpose, and that the corpo-
ration will be performing an essential governmental function in the
exercise of the powers conferred upon it by this chapter. The income and
operations of the corporation shall be exempt from taxation. Obligations
issued by the corporation or a subsidiary pursuant to this chapter,
together with income therefrom, shall be free from taxation, except for
transfer and estate taxes. [Any] THE LAND, BUILDINGS AND OTHER IMPROVE-
MENTS FROM TIME TO TIME INCLUDED AS PART OF THE UNITED NATIONS 42ND
STREET CONSOLIDATION PROJECT SHALL, UNLESS OWNED BY THE UNITED NATIONS,
BE SUBJECT TO REAL PROPERTY TAXATION IN THE SAME MANNER AND TO THE SAME
EXTENT AS REAL PROPERTY IN THE CITY OF NEW YORK USED FOR OFFICE PURPOSES
GENERALLY, EXCEPT THAT SUCH LAND, BUILDINGS AND OTHER IMPROVEMENTS SHALL
BE EXEMPT FROM SUCH TAXATION IF THE SAME ARE OWNED BY THE CITY OF NEW
YORK AND LEASED TO THE CORPORATION FOR NOT MORE THAN NINETY-NINE YEARS
AND OTHERWISE ON TERMS SATISFACTORY TO THE CITY OF NEW YORK, ACTING BY
ITS MAYOR ALONE, PROVIDED THAT THE CORPORATION ENTERS INTO AN AGREEMENT
REQUIRING THAT IT PAY TO THE CITY OF NEW YORK OR ITS DESIGNEE AMOUNTS
FROM TIME TO TIME IN LIEU OF SUCH REAL PROPERTY TAXATION, AND IN THE
CASE OF ANY SUCH AGREEMENT, THE CITY OF NEW YORK OR ITS DESIGNEE SHALL
BE AUTHORIZED, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY
GENERAL, SPECIAL OR LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, TO PLEDGE, ASSIGN OR OTHERWISE TRANSFER,
ON TERMS SATISFACTORY TO THE CITY OF NEW YORK, ACTING BY ITS MAYOR
ALONE, THE AMOUNTS PAYABLE UNDER SUCH AGREEMENT AND THE RIGHT TO RECEIVE
SUCH AMOUNTS, FOR THE PURPOSE OF PROVIDING A SOURCE OF PAYMENT OF, AND
AS SECURITY FOR, THE FINANCING OF THE UNITED NATIONS 42ND STREET CONSOL-
IDATION PROJECT. EXCEPT AS OTHERWISE PROVIDED ABOVE IN THIS SECTION, ANY
S. 5706 9
facilities within the district owned by the corporation[, or by a
subsidiary or a sponsor,] which are found and determined by the [board
of estimate] CITY COUNCIL to be public facilities shall be exempt from
taxation or assessment by and from the payment of any fees to the city
of New York, and, if such finding and determination is approved by the
state tax commission, from taxation or assessment by and from the
payment of any fees to the state or any subdivision thereof or to any
officer or employee of the state or any subdivision thereof. The [board
of estimate] CITY COUNCIL, upon application by the corporation[, a
subsidiary, or a sponsor,] may find and determine that all or part of
the real property owned by the corporation[, the subsidiary, or the
sponsor] within the district is devoted exclusively to public facili-
ties. Such tax exemption shall continue so long as such facility is
devoted exclusively to public use. Except as hereinabove provided, and
except as may otherwise specifically be provided, nothing contained in
this chapter shall confer exemption from any tax, assessment or fee upon
any person, firm, corporation or other entity, or upon the obligations
of any of them.
S 10. Section 16-a of chapter 345 of the laws of 1968, relating to
establishing a United Nations development district, as added by chapter
623 of the laws of 1971, is amended to read as follows:
S 16-a. Development limitation. 1. The corporation, notwithstanding
any other provision of law and unless further authorized by act of the
legislature, shall not in the execution of the development plan hereto-
fore approved under section seven of this chapter undertake the
execution of any portion of such development plan on real property with-
in the district lying westerly of a line parallel to, and three hundred
twenty-five feet westerly from the westerly side of United Nations
Plaza. THE CORPORATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND
UNLESS FURTHER AUTHORIZED BY ACT OF THE LEGISLATURE, SHALL NOT IN THE
EXECUTION OF A FURTHER DEVELOPMENT PLAN AT 42ND STREET DEVELOP OR
CONSTRUCT ANY BUILDING OR OTHER STRUCTURE ABOVE GRADE ON ANY PORTION OF
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA OTHER THAN THE FOLLOW-
ING PORTION OF SUCH AREA: THE AREA BOUNDED ON THE WEST BY THE EAST SIDE
OF UNITED NATIONS PLAZA (FIRST AVENUE), ON THE SOUTH BY THE NORTH SIDE
OF FORTY-FIRST STREET; ON THE NORTH BY THE SOUTH SIDE OF FORTY-SECOND
STREET; AND ON THE EAST BY A LINE THAT BEGINS ON THE NORTH SIDE OF
FORTY-FIRST STREET, IS LOCATED ONE HUNDRED FORTY-SIX FEET SEVEN EIGHTHS
INCHES EAST OF AND PARALLEL TO UNITED NATIONS PLAZA (FIRST AVENUE) AND
RUNS NORTH FOR A DISTANCE OF ONE HUNDRED NINETY-SEVEN FEET SIX INCHES,
ENDING AT THE SOUTH SIDE OF FORTY-SECOND STREET.
2. All properties in the district, lying easterly of a line parallel
to and three hundred twenty-five feet westerly from the westerly side of
United Nations Plaza, even though separated by a street, NOT INCLUDING
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA, AND NOT INCLUDING ANY
PROPERTY THAT IS PART OF ANY REUSE PROJECT, shall be deemed, notwith-
standing any other provision of law[,] to be one zoning lot for all
purposes, and the maximum floor area ratio of such properties, DEEMED TO
BE PART OF ONE ZONING LOT AND taken as a whole, AND OF ANY PROPERTY THAT
IS PART OF AN ADDITIONAL REUSE PROJECT, shall not exceed fifteen.
3. The corporation may undertake or cause to be undertaken the
execution of any portion of the development plan heretofore approved
under section seven of this chapter without requiring any amendment to
or modification of such development plan and without further approval
under section seven of this chapter.
S. 5706 10
4. NO PORTION OF ANY STRUCTURE PERMITTED TO BE DEVELOPED PURSUANT TO
A FURTHER DEVELOPMENT PLAN AT 42ND STREET, IF AND WHEN EFFECTUATION OF
SUCH FURTHER DEVELOPMENT PLAN AT 42ND STREET IS PERMITTED UNDER THIS
CHAPTER, MAY BE BUILT TO A HEIGHT GREATER THAN THE HEIGHT OF THE UNITED
NATIONS SECRETARIAT BUILDING. SUBJECT TO COMPLIANCE WITH THE FOREGOING
LIMITATION IN THIS SUBDIVISION, NINE HUNDRED THOUSAND SQUARE FEET OF
FLOOR AREA AS DEFINED IN ANY APPLICABLE ZONING RESOLUTION SHALL BE
DEEMED ATTRIBUTABLE UNDER SUCH ZONING RESOLUTION TO THE LAND THAT IS A
PORTION OF THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA AND IS
DESCRIBED IN THE SECOND SENTENCE OF SUBDIVISION ONE OF THIS SECTION, AND
A MAXIMUM OF NINE HUNDRED THOUSAND SQUARE FEET OF SUCH FLOOR AREA SHALL
BE PERMITTED TO BE INCORPORATED IN SUCH STRUCTURE AS PART OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET.
S 11. This act shall take effect immediately, and if and when the
memorandum of understanding is completed and signed as provided in
section two of this act, the provisions thereof shall, to the extent
stated therein, have the same effect as if they were included in this
act; provided, that the mayor of the city of New York shall notify the
legislative bill drafting commission upon the completion and signing of
the memorandum of understanding as provided in section two of this act
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law. Notwith-
standing the foregoing, the provisions of this act shall expire and be
deemed repealed if on or before October 10, 2011, the memorandum of
understanding has not been completed and signed as provided in section
two of this act.