The legislature further finds that granting the trustees of the state
university of New York ("Trustees") the authority and power to lease and
otherwise contract to make available grounds and facilities on Stony
Brook's campus will ensure land is utilized for the benefit of Stony
Brook, and the surrounding community.
§ 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 Stony
Brook Housing Development Corp. (the "ground lessee"), a portion of the
lands of the university on its campus, generally described in this act
for the purpose of building undergraduate student, graduate student,
faculty and staff housing. 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 termi-
nate, 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 improvements 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 deemed
public work and 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, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being performed by state employees. All such func-
tions and services shall be performed by state employees. 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-overtime, wages or employment
benefits), or result in the impairment of existing contracts for
services or collective bargaining rights pursuant to existing agreements
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as provided under article 14 of the civil service law. All positions
currently at the state university of New York in the unclassified
service and classified service of the civil service law shall not be
reclassified as a result of this act. No pedagogical or other services
or work on the property described in this act currently performed by
public employees or future work that is similar in scope and nature to
the work being currently performed by public employees shall be
contracted out or privatized by the state university of New York or by
an affiliated entity or associated entity of the state university of New
York. All such future work shall be performed by public employees.
§ 6. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section twelve of this
act that involves the design, construction, reconstruction, demolition,
excavation, rehabilitation, repair, renovation, alteration or improve-
ment of such property.
(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.
§ 7. 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; all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 8. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
1 of section 222 of the labor law, for all contractors and subcontrac-
tors on the project, consistent with paragraph (a) of subdivision 2 of
section 222 of the labor law.
§ 9. 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.
§ 10. 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
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real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 11. 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.
§ 12. The property authorized by this act to be leased to the ground
lessee is generally described as that parcel of real property with
improvements thereon consisting of a total of approximately 16.7217
acres of land situated on the campus of the state university of New York
at Stony Brook within the town of Brookhaven, county of Suffolk, state
of New York more particularly described as follows:
Beginning at a point within lot 2 of section 199, block 1 and being on
the southerly side of Circle Road, a private road of undesignated width,
having New York state plane (LI Zone) 1983 coordinate values of North
275669.8546 and East 1225232.3830. The said point being distant 295.88
feet on a bearing of North 42 degrees 47 minutes 36 seconds East from
the Northeast corner of section 198, block 7, lot 3 now or formerly
belonging to the town of Brookhaven as per liber 11011 at page 576, and
running from the said point of beginning; thence
Running the following nineteen (19) courses through said lot 2.6:
1) Following along the said Southerly side of said Circle Road, North
30 degrees, 13 minutes, 30 seconds East, a distance of 339.00 feet to a
point of curvature; thence
2) Following along the same, on a curve to the right having a radius
of 3148.50 feet, a central angle of 05 degrees 04 minutes 00 seconds and
an arc length of 278.42 feet to a point of non-tangency; thence
3) Leaving the said side of Circle Road, South 63 degrees 07 minutes
11 seconds East, a distance of 110.00 feet, thence
4) south 61 degrees 36 minutes 00 seconds east, a distance of 193.00
feet; thence
5) south 65 degrees 28 minutes 00 seconds east, a distance of 135.00
feet ; thence
6) South 61 degrees 17 minutes 00 seconds East a distance of 371.50
feet ; thence
7) South 28 degrees 43 minutes 00 seconds West a distance of 199.50
feet ; thence
8) south 07 degrees 38 minutes 00 seconds west, a distance of 25.00
feet to a point of non-tangent curvature; thence
9) on a curve to the left having a radius of 160.00 feet, a central
angle of 64 degrees 09 minutes 42 seconds and an arc length of 179.17
feet, the chord of which bears south 40 degrees 33 minutes 51 seconds
West for a distance of 169.66 feet to a point of tangency; thence
10) south 08 degrees 29 minutes 00 seconds west, a distance of 384.000
feet; thence
11) North 82 degrees 34 minutes 00 seconds west, a distance of 35.50
feet to a point of curvature; thence
12) on a curve to the left having a radius of 75.00 feet, a central
angle of 90 degrees 07 minutes 00 seconds, and an arc length of 117.96
feet to a point of tangency; thence
13) south 07 degrees 19 minutes 00 seconds west, a distance of 113.15
feet; thence
14) North 79 degrees 46 minutes 00 seconds West, a distance of 255.50
feet ; thence
15) North 37 degrees 39 minutes 00 seconds west, a distance of 42.50
feet; thence
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16) North 06 degrees 38 minutes 00 seconds west, a distance of 104.50
feet to a point of curvature; thence
17) on a curve to the left having a radius of 230.00 feet, a central
angle of 30 degrees 52 minutes 00 seconds, and an arc length of 123.91
feet to a point of tangency; thence
18) north 37 degrees 30 minutes 00 seconds west, a distance of 412.80
feet; thence
19) North 25 degrees 35 minutes 00 seconds West, a distance of 118.00
feet to the point and place of Beginning.
The above-described lease area contains 728,396 square feet or 16.7217
acres of land.
The above-described development area was written in accordance with a
map entitled, "Boundary & Location Survey, District 200, section 199,
block 1, Part of Lot 2.6, at, Stony Brook University, Hamlet of Stony-
brook, town of Brookhaven, Suffolk county, state of New York" prepared
by Gallas Surveying Group.
§ 13. 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.
§ 14. 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.
§ 15. This act shall take effect immediately.
