S T A T E O F N E W Y O R K
________________________________________________________________________
9418
I N A S S E M B L Y
March 14, 2024
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Higher Education
AN ACT authorizing the lease of certain lands located at the State
University of New York at Stony Brook
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 a historic
windmill is located on the Southampton campus of the state university of
New York at Stony Brook ("Stony Brook").
The Windmill was constructed in 1714 and has been at its current
location in Shinnecock Hills since 1888, when it was saved from
destruction from its location in the Village of Southampton by Janet
Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet
Hoyt, together with Samuel Parrish, founded the Summer School of Art. It
is the only windmill of three in Southampton Village that survived. It
has been in its current location for 136 years.
In the summer of 1957, Tennessee Williams resided there when he wrote
the play "The Day on Which a Man Dies" about the death of his friend
Jackson Pollock. The Library Association of America officially desig-
nated the Windmill, at its current location, as a literary landmark in
2013.
In 1963, when Long Island University established Southampton College,
the Windmill became the symbol of the new campus. The Windmill is
beloved by thousands of former students, faculty, and administrators who
rightly associate it with the very identity of the school. The College
newspaper was aptly named "The Windmill". The Windmill has been on
everything related to the college including sports uniforms, yearbooks,
apparel, and assorted memorabilia.
In 2006, Stony Brook University acquired the campus and has continued
the legacy of providing quality education to the residents of eastern
Long Island. In 2009, Stony Brook led the effort to rehabilitate the
Windmill. The Windmill and the adjacent water view quad have been in
continuous use hosting innumerable events, readings, receptions, orien-
tations, celebrations, workshops, and fundraising dinners. The annual
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14762-01-4
A. 9418 2
Windmill Lighting during the holiday season continues to be an East End
tradition.
The current president of Stony Brook University recently stated that
"the Stony Brook University campus community is proud to be the caretak-
er of the Windmill, a cherished historical icon that has existed in its
current location for over a century".
However, in recent years, the Windmill has fallen into disrepair due
to lack of maintenance and was condemned by the New York State fire
marshal in 2023. It is imperative that this historic structure be reha-
bilitated and restored so that it can continue to be the "cherished
historical icon" and symbol of the Southampton campus.
The legislature further finds that the best alternative to secure the
future of the Windmill is through a partnership with the town of South-
ampton by providing funds for the rehabilitation and restoration of the
Windmill through the town community preservation fund. To accomplish
this partnership the legislature further finds that granting the trus-
tees of the State University of New York ("trustees") the authority and
power to lease and otherwise contract with the Town of Southampton to
make available certain grounds and facilities of Stony Brook's campus
will best affect this partnership for the benefit of Stony Brook, the
surrounding community, and the general public.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available to the town
of Southampton, a municipal corporation (the "ground lessee"), a portion
of the lands of the university on its Southampton campus, generally
described in this act for the purpose of rehabilitating and restoring
the historic Windmill located on such campus. Such lease or contract
shall be for a period not exceeding 100 years without any fee simple
conveyance and otherwise upon terms and conditions determined by such
trustees, subject to the approval of the director of the division of the
budget, the attorney general and the state comptroller. If the real
property that is the subject of such lease or contract shall cease to be
used for the purpose described in this act, such lease or contract shall
immediately terminate, and the real property and any improvements there-
on shall revert to the state university of New York. Any lease or
contract entered into pursuant to this act shall provide that the real
property that is the subject of such lease or contract and any improve-
ments thereon shall revert to the state university of New York on the
expiration of such contract or lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
A. 9418 3
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, 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 mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 6. Such 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, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, 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.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 8. The property authorized by this act to be leased to the ground
lessee is generally described as not more than 5 acres of land situated
on the Southampton campus of the state university of New York at Stony
Brook, which shall include the lands on which the Windmill is located
subject to all existing easements and restrictions of record.
§ 9. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 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.
§ 11. This act shall take effect immediately.