This bill has been amended

Bill S6854-2013

Relates to the extension of the state university of New York at Stony Brook's lease to certain lands

Relates to the extension of the state university of New York at Stony Brook's lease to certain lands.

Details

Actions

  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.440
  • Mar 20, 2014: REFERRED TO HIGHER EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Apr 29, 2014
Ayes (17): LaValle, Flanagan, Gallivan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Zeldin, Stavisky, Kennedy, Rivera, Serrano, Espaillat
Ayes W/R (1): Krueger
Nays (1): Parker

Memo

BILL NUMBER:S6854

TITLE OF BILL: An act authorizing the state university of New York at Stony Brook to lease certain lands

PURPOSE:

To authorize the State University of New York (SUNY) at Stony Brook to lease certain lands to the Stony Brook Foundation or its affiliate for the enhancement and expansion of the Simons Center for Geometry and Physics, which opened in 2010.

SUMMARY OF PROVISIONS:

Section 1: Section 1 outlines the legislative intent of the bill.

Section 2: Section 2 provides that the SUNY Trustees are authorized to lease without public bidding a portion of lands on the SUNY Stony Brook campus for the design and construction of an addition to the Simons Center for Geometry and Physics, upon terms and conditions not to exceed in the aggregate two years.

Section 3: Section 3 provides that the lessee or contracting not-forprofit corporation shall comply with article 15-A of the executive law. Moreover, the lessee or contractor and/or subcontractor is required to comply with sections 220, 240, and 241 of the labor law. Section 135 of the state finance law shall not apply to any lease, contract or subcontract entered into pursuant to this act.

Section 4: Section 4 provides that nothing in this act shall be deemed to waive or impair any rights or benefits of employees of the SUNY that would otherwise be available to them under 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 such agreements pursuant to article 14 of the civil service law.

Section 5: Section 5 outlines some of the terms and conditions the Trustees' lease or contract may provide for.

Section 6: Section 6 provides that 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.

Section 7: Section 7 provides that the lease shall include an indemnity provision whereby the lessee agrees to hold harmless and defend the lessor against all claims, suits, actions, liability and damages to all persons on the lease premises.

Section 8: Section 8 provides that any contract entered into pursuant to this act between an education 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 corporation, 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.

Section 9: Section 9 generally outlines the area to be leased.

Section 10: Section 10 provides that 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.

JUSTIFICATION:

In 2008, legislation was enacted (Chapter 629 of 2008) to allow SUNY Stony Brook with the opportunity, through the generosity of a private donor, to create a facility dedicated to advancing knowledge in the fields of geometry and physics without the need for a request for proposal process. Such efforts led to what would become the Simons Center for Geometry and Physics (Simons Center), 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 opened in 2010 and is again poised for enhancements and an expansion of programmatic use. The project additions 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 will also add office space and provide a modest increase to the dining area. In order to make the enhancements through the generosity of a private donor it is necessary for the SUNY Trustees allow a certain portion of the state land on the SUNY Stony Brook campus to be leased on a short term basis. For this specific project, such short term lease will be on terms and conditions as approved by the Trustees and for no longer than two years in the aggregate.

By enacting this legislation it would allow a similar act of generosity by a private donor to provide the support for the expansion and enhancement of the Simons Center on the campus of SUNY Stony Brook.

LEGISLATIVE HISTORY:

This is a new bill. Similar legislation was enacted in 2008 (Chapter 629 of the Laws of 2008).

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6854 IN SENATE 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 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 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. Section 135 of the state finance law shall not apply to any lease, contract or subcontract entered into pursuant to this act. 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- 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.

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