S T A T E   O F   N E W   Y O R K
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                                 6854--A
    Cal. No. 440

                            I N  S E N A T E

                             March 20, 2014
                               ___________

Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  authorizing  the state university of New York at Stony Brook 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.  Chapter  629  of the Laws of 2008
provided the state university of New York at Stony Brook with the oppor-
tunity through the generosity of a private donor to  create  a  facility
dedicated  to advancing knowledge in the fields of geometry and physics.
In furtherance thereof, the legislature determined that  the  university
foundation  of  the  state university of New York at Stony Brook was the
appropriate body to design and construct a Center for Geometry and Phys-
ics adjacent to existing  campus  facilities,  which  has  enhanced  the
academic mission of the university and provides a unique opportunity for
education,  research  and economic benefit to the region, nation and the
world.
  The Simons Center for Geometry and Physics, which opened in  2010,  is
poised  for  enhancement and expansion of programmatic use. The building
as well as the program is divided into two  distinct  areas:  the  lower
floors, which are public areas, including a dining facility; and the top
three  floors,  which  are  secure  areas and house faculty and research
areas. The project addition envisioned will  increase  functionality  of
the  facility and expand programmatic use by adding a second elevator at
the north side of the building to serve the public areas as well as  the
dining  facility.  The  project also will add office space and provide a
modest increase to the dining area.
  The legislature further finds that the state university  of  New  York
and  the state university of New York at Stony Brook will benefit if the
design and construction of  the  project  addition  is  assumed  by  the
university  foundation  only  until such time as the project addition is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13787-04-4

S. 6854--A                          2

completed. The legislature determines that the academic mission and  the
goals  of  the  state  university of New York at Stony Brook in the full
utilization of the properties in furtherance of its mission, can be best
served  by  the university foundation and the private resources to which
it has access. The university foundation  shall  mean  the  Stony  Brook
Foundation  or  its  affiliate, the Stony Brook Foundation Realty, which
are 501(c)(3) not-for-profit corporations, the purposes of which are  to
support  the  university's  educational  mission  to  acquire and manage
campus real and personal property,  to  enhance  the  region's  academic
offerings,  and to stimulate the economy both locally and throughout New
York state.
  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  at Stony Brook generally described in this act to the
university foundation of such university at Stony Brook for  the  design
and  construction  only  of  an  addition to the Simons Center upon such
terms and conditions as the trustees deem advisable not to exceed in the
aggregate two years. No such  contract  or  lease  for  the  design  and
construction  only  of  such  addition  shall  provide  for a fee simple
conveyance of the underlying land. If the real property shall  cease  to
be  used  for  the purposes described in this act said lease shall imme-
diately terminate and the real property  and  any  improvements  thereon
shall  revert to the state university of New York. Any contract or lease
entered into pursuant to this act for such design and construction  only
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 expiration 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  for  the design and construction only of this
addition pursuant to this act shall require the  lessee  or  contracting
not-for-profit  corporation  to  comply with the requirements of article
15-A of the executive law. Notwithstanding any other law to the  contra-
ry,  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.
  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.    Any  entity
that enters into a contract pursuant to the provisions of this act shall
be  considered  a university foundation for the purposes of the applica-
tion of such agreements pursuant to article 14 of the civil service law.
  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 and provisions of services
and assistance for the design and construction only of such addition and
the granting of licenses, easements and other arrangements  with  regard
to  such grounds and facilities by the university foundation and parties
contracting  with  the  university  foundation  for   the   design   and
construction  only of such addition, and, in connection with such activ-

S. 6854--A                          3

ities, the obtaining of funding or financing, whether public or private,
unsecured or secured (including but not limited to secured by  leasehold
mortgages  and assignments of rents and leases), by the university foun-
dation  and  parties contracting with the university foundation, 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 sublessee 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 an educa-
tion corporation, not-for-profit corporation, public benefit corporation
or any other person or corporation (other than the state  government  or
any  agency  thereof) and parties contracting with such education corpo-
ration, not-for-profit corporation, public benefit  corporation  or  any
other  person  or  corporation  (other  than the state government or any
agency thereof) for the design and construction only  of  this  facility
shall be awarded by a competitive process.
  S 9. The property authorized by this act to be leased to the universi-
ty foundation at Stony Brook is generally described as a portion of that
parcel  of  real property with improvements thereon situated on the west
campus of the state university of New York at Stony Brook consisting  of
approximately  235,000  square  feet  of land bounded as follows: on the
north approximately 250 feet west from the corner of the Graduate  Phys-
ics  building  to  Toll  Drive  on  the west, south along Toll Drive for
approximately 600 feet on the south 550 feet  east  along  the  southern
edge  of  the  parking lot, on the east 250 feet due north then approxi-
mately 300 feet along  the  southern  and  eastern  faces  of  the  Math
Tower/Graduate Physics building back to its north edge.
  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.