S. 7443--A 2
the campus of the SUNY Buffalo State University for these purposes will
promote the provision of educational opportunities for the University
and the surrounding community.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity of New York trustees are authorized and empowered, without any
public bidding, to lease and otherwise contract to make available to
Buckham Development Corporation, a not-for-profit corporation (the
"ground lessee"), a portion of the lands of the university generally
described in section four of this act for the purpose of authorizing the
city school district of the city of Buffalo to relocate and develop,
construct, maintain and operate Leonardo da Vinci High School for the
city school district's students. Such lease or contract between SUNY
Buffalo State University and the Buckham Development Corporation shall
be for a period not exceeding 37 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. In the event that 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
thereon 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. Such contract or lease shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law and 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, subcon-
tractors, 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 occu-
pation of the demised premises.
§ 3. It is expressly found that the relocation to the SUNY Buffalo
State University campus and operation of the Leonardo da Vinci High
School may be authorized by the board of education of the city school
district of the city of Buffalo pursuant to the laws, rules and regu-
lations which are applicable to a public high school unless otherwise
provided for in this act. The high school shall be subject to the over-
sight of the board of regents and the program shall be audited in a
manner consistent with provisions of law and regulations that are appli-
cable to other public schools. The board of education of the city school
district of the city of Buffalo shall have the responsibility for the
operation, supervision and maintenance of the high school and shall be
responsible for the administration of the high school, including curric-
ulum, grading, discipline and staffing.
§ 4. Notwithstanding any other provision of law to the contrary, the
board of education of the city school district of the city of Buffalo
shall develop a comprehensive plan outlining the project. Such plan
shall include: an estimate of the total project cost, including esti-
mates on the design, reconstruction and rehabilitation costs and any
administrative costs for the project, attestation that the district has
sufficient reserves to cover such costs and an outline of the time-frame
expected for completion of the project.
S. 7443--A 3
§ 5. The city school district of the city of Buffalo shall submit
estimated project costs for the renovation and equipping of the Leonardo
da Vinci High School after completion of schematic plans and specifica-
tions for review by the commissioner of education. If the total project
costs associated with such project exceeds the approved cost allowance
of such building project and the city school district has not otherwise
demonstrated to the satisfaction of the New York state education depart-
ment the availability of additional reserves for such excess costs, then
the district shall not proceed with the preparation of final plans and
specifications for such project until the project has been redesigned or
value-engineered to reduce estimated project costs so as not to exceed
the above cost limits.
§ 6. The property authorized by this act to be leased to Buckham
Development Corporation is generally described as Buckham Hall and is
located on the Buffalo State University Campus, 1300 Elmwood Avenue, in
Buffalo, New York. The building was built in 1966 and is situated on the
west end of campus at the north-east corner of the intersection of Rees
St. and Rockwell Rd. Buckham Hall is 203,437 gsf, constructed of steel
skeleton and masonry walls, and originally designed as a K-8 public
school. The building is comprised of five wings with breezeways separat-
ing four wings from the center wing: A-wing (center) 3 stories; B-wing,
2 stories; C-wing, 1 story; D-wing, 2 stories; and E-wing, 1 story. The
main entrance is in the lobby between the A and E-wings facing Rees St.
with a front lawn, concrete plaza entrance, and sidewalk along Rees St.
The north side is lawn with sidewalks leading from building exits north
to Bengal Walk, an east-west main pedestrian campus walkway. All that
certain plot, piece or parcel of land, situate, lying and being more
particularly bounded and described as follows:
BEGINNING at the southeasterly brick building corner of a building
known as Buckham Hall Area "D";
THENCE north along the easterly brick face from the said southwesterly
building corner, a distance of one hundred sixty-five and two-tenths
feet, plus or minus (165.2) to a corner of said building;
THENCE continuing and intended to follow along the brick building face
of said Buckham Hall the following fifty (50) directions and distances;
1. THENCE West, a distance of one hundred seven and no tenths feet,
plus or minus (107.0) to a corner of said building;
2. South, a distance of one hundred twenty-five and two-tenths feet,
plus or minus (125.2) to a corner of said building;
3. West thirty-eight and six-tenths feet, plus or minus (38.6) to a
corner of said building face;
4. North, a distance of twenty-nine and seven-tenths feet, plus or
minus (29.7) to a corner of said building;
5. West, a distance of thirty-five and six-tenths feet, plus or minus
(35.6) to a corner of said building;
6. North, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
7. West, a distance of sixteen and three-tenths feet, plus or minus
(16.3) to a corner of said building;
8. South, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
9. West, a distance of seventy and no tenths feet, plus or minus
(70.0) to a corner of said building;
10. North, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
S. 7443--A 4
11. East, a distance of six and seven-tenths feet, plus or minus (6.7)
to a corner of said building;
12. North, a distance of one hundred forty-four and one-tenth feet,
plus or minus (144.1) to a corner of said building;
13. West, a distance of one hundred thirty-seven and three-tenths
feet, plus or minus (137.3) to a corner of said building;
14. South, a distance of one hundred forty-four feet and no tenths
feet, plus or minus (144.0) to a corner of said building;
15. East, a distance of sixty-five and nine-tenths feet, plus or minus
(65.9) to a corner of said building;
16. South, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
17. West, a distance of six and no tenths feet, plus or minus (6.0) to
a corner of said building;
18. South, a distance of thirty-five and six-tenths feet, plus or
minus (35.6) to a corner of said building;
19. West, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
20. South, a distance of sixteen and four-tenths feet, plus or minus
(16.4) to a corner of said building;
21. East, a distance of eight and nine-tenths feet, plus or minus
(8.9) to a corner of said building;
22. South, a distance of ninety-three and six-tenths feet, plus or
minus (93.6) to a corner of said building;
23. West, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
24. North, a distance of nine and nine-tenths feet, plus or minus
(9.9) to a corner of said building;
25. West, a distance of eighty-one and nine-tenths feet, plus or minus
(81.9) to a corner of said building;
26. South, a distance of one hundred forty-one and seven-tenths feet,
plus or minus (141.7) to a corner of said building;
27. East, a distance of eighty-two and no tenths feet, plus or minus
(82.0) to a corner of said building;
28. North, a distance of eighty-eight and five-tenths feet, plus or
minus (88.5) to a corner of said building;
29. East, a distance of eighteen and four-tenths feet, plus or minus
(18.4) to a corner of said building;
30. South, a distance of four and no tenths feet, plus or minus (4.0)
to a corner of said building;
31. East, a distance of thirty-five and eight-tenths feet, plus or
minus (35.8) to a corner of said building;
32. South, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
33. East, a distance of sixteen and three-tenths feet, plus or minus
(16.3) to a corner of said building;
34. North, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
35. East, a distance of ninety-nine and three-tenths feet, plus or
minus (99.3) to a corner of said building;
36. South, a distance of eighteen and four-tenths feet, plus or minus
(18.4) to a corner of said building;
37. West, a distance of seventeen and nine-tenths feet, plus or minus
(17.9) to a corner of said building;
38. South, a distance of one hundred two and nine-tenths feet, plus or
minus (102.9) to a corner of said building.
S. 7443--A 5
39. East, a distance of eighty-nine and six-tenths feet, plus or minus
(89.6) to a corner of said building;
40. North, a distance of one hundred two and nine-tenths feet, plus or
minus (102.9) to a corner of said building;
41. West, a distance of thirty-seven and five-tenths feet, plus or
minus (37.5) to a corner of said building;
42. North, a distance of eighteen and four-tenths feet, plus or minus
(18.4) to a corner of said building;
43. East, a distance of seven and three-tenths feet, plus or minus
(7.3) to a corner of said building;
44. North, a distance of thirty-five and six-tenths feet, plus or
minus (35.6) to a corner of said building;
45. East, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
46. North, a distance of sixteen and five-tenths feet, plus or minus
(16.5) to a corner of said building;
47. West, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
48. North, a distance of eighty and four-tenths feet, plus or minus
(80.4) to a corner of said building;
49. East, a distance of thirty-eight and four-tenths feet, plus or
minus (38.4) to a corner of said building;
50. South, a distance of nine and five-tenths feet, plus or minus
(9.5) to a corner of said building;
THENCE continuing east along existing building face, a distance of one
hundred seven and no tenths feet, plus or minus (107.0) to the POINT of
BEGINNING.
Containing within said bounds 2.29 acres, more or less, and;
BEGINNING at the southwesterly brick building face corner of a build-
ing known as Buckham Hall Area "B";
THENCE south from the said southwesterly building corner, along a line
drawn parallel to the westerly brick building face as extended in a
southerly direction, a distance of seventy-five and three-tenths feet,
plus or minus (75.3) to the existing curb line of the main parking lot
used for Buckham Hall;
THENCE west along said parking lot curb line, a distance of one
hundred five and five-tenths feet, plus or minus (105.5) to the existing
curb-line on the easterly side of Rees Street;
THENCE north along said curb line of Rees Street five hundred twelve
and seven-tenths feet, plus or minus (512.7);
THENCE east along a line drawn parallel with and ten feet (10.0) north
of the existing brick building known as Buckham Hall Area "E", a
distance of two hundred forty and nine-tenths feet, plus or minus
(240.9) to a point five and no tenths feet, plus or minus (5.0) east of
the easterly edge of an existing sidewalk;
THENCE south parallel with and five and no tenths, plus or minus (5.0)
east of the easterly edge of said sidewalk, a distance of seventy-seven
and four-tenths feet, plus or minus (77.4);
THENCE east at right angles, a distance of one hundred thirty-five and
two-tenths feet (135.2) to the northwesterly brick building corner of
Buckham Hall Area "D";
THENCE intended to follow along the brick building face of said Buck-
ham Hall the following twenty-four (24) directions and distances;
1. South, a distance of one hundred twenty-five and two-tenths feet,
plus or minus (125.2) to a corner of said building;
S. 7443--A 6
2. West thirty-eight and six-tenths feet, plus or minus (38.6) to a
corner of said building face;
3. North, a distance of twenty-nine and seven-tenths feet, plus or
minus (29.7) to a corner of said building;
4. West, a distance of thirty-five and six-tenths feet, plus or minus
(35.6) to a corner of said building;
5. North, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
6. West, a distance of sixteen and three-tenths feet, plus or minus
(16.3) to a corner of said building;
7. South, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
8. West, a distance of seventy and no tenths feet, plus or minus
(70.0) to a corner of said building;
9. North, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
10. East, a distance of six and seven-tenths feet, plus or minus (6.7)
to a corner of said building;
11. North, a distance of one hundred forty-four and one-tenth feet,
plus or minus (144.1) to a corner of said building;
12. West, a distance of one hundred thirty-seven and three-tenths
feet, plus or minus (137.3) to a corner of said building;
13. South, a distance of one hundred forty-four and no tenths feet,
plus or minus (144.0) to a corner of said building;
14. East, a distance of sixty-five and nine-tenths feet, plus or minus
(65.9) to a corner of said building;
15. South, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
16. West, a distance of six and no tenths feet, plus or minus (6.0) to
a corner of said building;
17. South, a distance of thirty-five and six-tenths feet, plus or
minus (35.6) to a corner of said building;
18. West, a distance of nine and no tenths feet, plus or minus (9.0)
to a corner of said building;
19. South, a distance of sixteen and four-tenths feet, plus or minus
(16.4) to a corner of said building;
20. East, a distance of eight and nine-tenths feet, plus or minus
(8.9) to a corner of said building;
21. South, a distance of ninety-three and six-tenths feet, plus or
minus (93.6) to a corner of said building;
22. West, a distance of eighteen and five-tenths feet, plus or minus
(18.5) to a corner of said building;
23. North, a distance of nine and nine-tenths feet, plus or minus
(9.9) to a corner of said building;
24. West, a distance of eighty-one and nine-tenths, plus or minus
(81.9) to a corner of said building;
THENCE South along the westerly wall of said Buckham Hall, Area "B", a
distance of one hundred forty-one and seven-tenths feet, plus or minus
(141.7) to the POINT of BEGINNING.
Containing within said bounds 1.78 acres, more or less, and;
BEGINNING at the southeasterly brick building corner of a building
known as Buckham Hall Area "D";
THENCE north along the easterly brick face from the said southwesterly
building corner, a distance of one hundred sixty-five and two-tenths
feet, plus or minus (165.2) to a corner of said building;
S. 7443--A 7
THENCE West, a distance of one hundred seven and no tenths feet, plus
or minus (107.0) to a corner of said building;
THENCE continuing west, a distance of one hundred thirty-five and
two-tenths feet, more or less (135.2) to a point distant five and no
tenths feet (5.0) east of the easterly edge of the existing sidewalk;
THENCE north at right angles parallel with and five feet (5.0) east of
said easterly line of an existing concrete sidewalk, a distance of
seventy-seven and four-tenths feet (77.4) to a point distant ten feet
(10.0) north of the northerly brick building face of Buckham Hall Area
"E";
THENCE east parallel with and ten feet (10.0) north of said northerly
building face, a distance of two hundred fifty-six and eight-tenths
feet, plus or minus (256.8) to a point distant five feet (5.0) southwest
from the southwesterly edge of the existing concrete sidewalk;
THENCE southeast parallel with and five feet (5.0) southwest of said
edge walk, a distance of forty-two and six-tenths, plus or minus feet
(42.6) to the westerly edge of said existing concrete walk;
THENCE south parallel with and five feet (5.0) west of said westerly
edge walk, a distance of two hundred thirteen and one-tenths feet, plus
or minus (213.1);
THENCE West at right angles, a distance of forty-five and four-tenths
feet, plus or minus (45.4) to the POINT of BEGINNING.
Containing within said bounds .67 acres, more or less.
§ 7. Nothing in this act shall result in the displacement of any
currently employed state worker or the loss of position (including
partial displacement such as reduction in the hours of non-over-
time, wages or employment benefits), or result in the impairment of
existing contracts for services or collective bargaining rights pursu-
ant to existing agreements.
§ 8. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 10 to read as follows:
(10) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR THE RENOVATION AND EQUIP-
PING OF THE LEONARDO DA VINCI HIGH SCHOOL AUTHORIZED FOR OPERATION BY
THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO THE BUILDING AID UNITS
ASSIGNED TO THIS PROJECT SHALL REFLECT A BUILDING AID ENROLLMENT OF FOUR
HUNDRED TWENTY STUDENTS.
§ 9. 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.
§ 10. This act shall take effect immediately.
