This bill has been amended

Bill S7814-2009

Authorizes the lease of lands located at the State University of New York Upstate Medical University

Authorizes the lease of lands located at the State University of New York Upstate Medical University.

Details

Actions

  • May 13, 2010: REFERRED TO HIGHER EDUCATION

Memo

 BILL NUMBER:  S7814

TITLE OF BILL : An act to authorize the lease of lands located at the State University of New York, Upstate Medical University

PURPOSE OR GENERAL IDEA OF BILL : To allow the SUNY Board of Trustees to develop land previously acquired for SUNY Upstate Medical University

SUMMARY OF SPECIFIC PROVISIONS : Section 1 is a summary of legislative findings.

Section 2 authorizes the SUNY Board of Trustees to lease certain parcels of land belonging to SUNY Upstate Medical University.

Section 3 defines the parcels of property that may be leased under this act.

Section 4 provides a list of definitions.

Section 5 creates provisions for a project labor agreement for development on the parcels.

Section 6 establishes apprenticeship program requirements for developers of the affected property.

Section 7 determines that Article 9 of the Labor Law will apply to building service work for any projects on the defined parcels.

Section 8 requires prevailing wage for the development projects undertaken according to this act.

Section 9 establishes that nothing in this act will waive or impair any rights of Upstate Medical University employees.

Section 10 outlines the ability of the SUNY Board of Trustees to place certain terms and restrictions on any lease.

Section 11 requires all subcontracts entered into pursuant to this act be competitively bid.

Section 12 subjects all contracts and leases under this act to approval by the Attorney General, the Director of the Budget, and the Comptroller.

Section 13 puts a two-year time limit, beginning with the effective date of this act, on the execution of contracts under this act.

Section 14 requires leases or other agreements to include an indemnity provision for the lessor.

Section 15 requires that with the exception of article 8 of the Environmental Conservation Law, this act shall take precedence over any general, special, or local law.

Section 16 is a severability clause.

Section 17 establishes an effective date.

JUSTIFICATION : Last year, SUNY Upstate Medical University acquired land that housed a former public housing development. Currently, a new biotechnology research center is being constructed on the site. However, there is excess land that the University would like to develop and lease. This bill would expressly authorize the SUNY Board of Trustees to develop this land. It would only authorize SUNY to develop the two parcels of land described in the act, and title to both properties will remain with SUNY.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : None to the general fund. This bill will provide income to the SUNY system once the leases are let and rents are returned.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7814 IN SENATE May 13, 2010 ___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to authorize the lease of lands located at the State University of New York, Upstate Medical University 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 the devel- opment of housing, offices, and retail space on the grounds of the former Kennedy Square public housing project ("Kennedy Square") and now part of the Upstate Medical University campus is appropriate to further the objectives and purposes of the state university of New York. The legislature further finds that granting the trustees of the state university of New York the authority and power to lease and otherwise contract to make available grounds and facilities of the Upstate Medical University campus comprised of the former Kennedy Square will ensure the availability of such development, will promote the effective use of such grounds and facilities, and will further the mission of Upstate Medical University. S 2. Notwithstanding any provision of law to the contrary, the trus- tees of the state university of New York are hereby authorized to lease without any public bidding a portion of the Upstate Medical University lands described in section three of this act to a developer selected pursuant to a request for proposals, upon such terms and conditions as the trustees deem advisable, for an initial term not to exceed ninety- nine years. In the event that the real property which is the subject of such lease or contract shall cease to be used for the purposes described in this act, said lease shall immediately terminate and the real proper- ty and any improvements thereon shall revert to the state university of New York. Any contract or lease entered into pursuant to this act shall provide that the real property which is the subject of such lease or contract and any improvements thereon shall revert to the state univer- sity of New York upon the expiration of such lease. S 3. The property authorized by this act to be leased to the developer is generally described as follows:
(a) All that tract or parcel of land situated in the City of Syracuse, County of Onondaga, State of New York and being more precisely described as commencing at a concrete monument with a 1/4-inch drill hole extend- ing 1.5 feet below grade with a 10-inch cover flush with grade found at the intersection of the southerly bounds of East Water Street (66-foot width) and the easterly bounds of Foreman Avenue (66-foot width), said rebar also being at the northwesterly corner of a parcel of land conveyed by Syracuse Urban Renewal Agency to Empire Flower Supply, Inc. by deed dated August 6, 1987 and recorded in the Onondaga County Clerk's Office on August 12, 1987 in Liber 3376 of Deeds at Page 114, said rebar having New York State plane coordinates (NAD83 - Central Zone) of 1,111,701.24 feet north and 938,763.56 feet east; thence South 89 degrees 19 minutes 56 seconds East, along the southerly bounds of East Water Street, a distance of 253.00 feet to a set 5/8-inch rebar. Said rebar having New York State plane coordinates (NAD83 - Central Zone) of 1,111,698.20 feet north and 939,016.54 feet east, said rebar being the Point of Beginning; thence continuing South 89 degrees 19 minutes 56 seconds East, along the southerly bounds of East Water Street, a distance of 275.54 feet to a 5/8-inch rebar set on the proposed westerly bounds of Irving Avenue (66-foot width); thence South 00 degrees 40 minutes 04 seconds West, along the proposed westerly bounds of Irving Avenue, a distance of 264.10 feet to a 5/8-inch rebar set on the proposed northerly bounds of Washington Street (66-foot width); thence North 89 degrees 19 minutes 56 seconds West, along the proposed norther- ly bounds of Washington Street, a distance of 274.85 feet to a 5/8-inch rebar set at the southeasterly corner of a parcel of land conveyed by Syracuse Urban Renewal Agency to People's Equal Action and Community Effort, Inc. by deed dated June 16, 2004 and recorded in the Onondaga County Clerk's Office on July 1, 2004 in Liber 4838 of Deeds at Page 412; thence North 00 degrees 31 minutes 04 seconds East, along the east- erly line of People's Equal Action and Community Effort Inc., and along the easterly line of Empire Flower Supply, Inc., a distance of 264.10 feet to the Point of Beginning. (b) All that tract or parcel of land situated in the City of Syracuse, County of Onondaga, State of New York, and being more precisely described as commencing at a concrete monument with a 1/4-inch drill hole extending 1.5 feet below grade with a 10-inch cover flush with grade found at the intersection of the southerly bounds of East Water Street (66-foot width) and the easterly bounds of Foreman Avenue (66-foot width), said rebar also being at the northwesterly corner of a parcel of land conveyed by Syracuse Urban Renewal Agency to Empire Flow- er Supply, Inc. by deed dated August 6, 1987 and recorded in the Ononda- ga County Clerk's Office on August 12, 1987 in Liber 3376 of Deeds at Page 114, said rebar having New York State plane coordinates (NAD83 - Central Zone) of 1,111,701.24 feet north and 938,763.56 feet east; thence South 89 degrees 19 minutes 56 seconds East, along the southerly bounds of East Water Street, a distance of 594.40 feet to a 5/8-inch rebar set on the proposed easterly bounds of Irving Avenue (66-foot width), said rebar having New York State plane coordinates (NAD83 - Central Zone) of 1,111,694.22 feet north and 939,357.92 feet east, said rebar being the Point of Beginning; thence continuing South 89 degrees 19 minutes 56 seconds East, along the southerly bounds of East Water Street, a distance of 234.21 feet to a 5/8-inch rebar set on the wester- ly bounds of South Crouse Street (variable width); thence along the westerly bounds of South Crouse Street, the following courses and distances: South 44 degrees 19 minutes 36 seconds East a distance of
20.27 feet to a set 5/8-inch rebar; South 00 degrees 40 minutes 34 seconds West a distance of 249.76 feet to a 5/8-inch rebar set on the proposed northerly bounds of Irving Street (66-foot width); thence North 89 degrees 19 minutes 56 seconds West, along the proposed northerly bounds of Irving Street, a distance of 248.51 feet to a 5/8-inch rebar set on the proposed easterly bounds of Irving Avenue; thence North 00 degrees 40 minutes 04 seconds East, along the proposed easterly bounds of Irving Avenue, a distance of 264.10 feet to the Point of Beginning. S 4. For the purposes of this act: (a) "project" shall mean work at the property authorized by this act to be leased to the developer selected through the request for proposals process noted above that involves the design, construction, demolition, excavating, alteration or improvement of housing, office and retail space. The "project" shall not include any subsequent alteration, repair, renovation and/or further construction of buildings or improve- ments to or upon the Kennedy Square campus after completion of the initial work outlined in the successful bid selected through the request for proposal process pursuant to section two of this act. (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 perform work on the project, and which provides that only contractors and subcontractors who sign a pre-negoti- ated agreement with the labor organization can perform project work. S 5. Notwithstanding any provisions of law to the contrary: (a) The developer selected pursuant to section two of this act may require a contractor to award a contract, subcontract, lease, grant, bond, covenant or other agreement for a project to enter into a project labor agreement during and for the work involved with such project when such requirement is part of the developer's request for proposals for the project and when the developer determines that the record supporting the decision to enter into such an agreement establishes that the inter- ests underlying the competitive bidding laws are best met by requiring a project labor agreement including: obtaining the best work at the lowest possible price; preventing favoritism, fraud and corruption; the impact of delay; the possibility of cost savings; and any local history of labor unrest. (b) If the developer does not require a project labor agreement, then any contractor, subcontractor, lease, grant, bond, covenant or other agreements for a project shall be awarded pursuant to section 135 of the state finance law. (c) Any contract to which the developer is a party, and any contract entered into by a third party acting in place of, on behalf of and for the benefit of the developer pursuant to any lease, permit or other agreement between such third party and the developer for a project deemed a public works project for the purposes of article 8 of the labor law, and shall be subject to all of the provisions of article 8 of the labor law, 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. (d) Every contract entered into by the developer for a project shall contain a provision that the contractor shall furnish a labor and mate- rial bond guaranteeing prompt payment of moneys that are due to all persons furnishing labor and materials pursuant to the requirements of any contracts for a project undertaken pursuant to this act and a performance bond for the faithful performance of the project, which
shall conform to the provisions of section 103-f of the general munici- pal law, and that a copy of such performance and payment bonds shall be kept by the developer and shall be open to public inspection. (e) For all purposes of article 15-A of the executive law, any indi- vidual, public corporation or authority, private corporation, limited liability company or partnership, or other entity entering into a contract, subcontract, lease, grant, bond, covenant or other agreement for a project authorized pursuant to this act shall be deemed a state agency as that term is defined in such article and such contracts shall be deemed state contracts within the meaning of that term as set forth in such article. (f) Whenever the developer enters into a contract, subcontract, lease, grant, bond, covenant or other agreement for a project undertaking pursuant to this act, the developer shall consider the financial and organizational capacity of contractors and subcontractors in relation to the magnitude of work they may perform, the record of performance of contractors and subcontractors on previous work, the record of contrac- tors and subcontractors in complying with existing labor standards and maintaining harmonious labor relations, and the commitment of contrac- tors to work with minority and women owned business enterprises pursuant to article 15-A of the executive law through joint ventures or subcon- tractor relationships. S 6. The developer selected pursuant to section two of this act shall require that whenever work is performed under this act, the contractors and subcontractors shall have apprenticeship programs that are appropri- ate for the type and scope of work to be performed and that have been registered with and approved by the commissioner of labor pursuant to article 23 of the labor law. Additionally, it must be demonstrated that the apprenticeship program has made significant efforts to attract and retain minority apprentices, as determined by the affirmative action goals established for such programs by the department of labor. S 7. Whenever the developer enters into a contract under which employ- ees are employed to perform building service work, as that term is defined in section 230 of the labor law, such work shall be subject to article 9 of the labor law to the same extent as building services work performed pursuant to a contract with a public agency. S 8. Whenever employees perform work at the project other than work performed under sections five and seven of this act, such employees shall be paid by their employer no less than the median hourly wage for "all occupations" in the metropolitan statistical area closest to the project location, published by the United States bureau of labor statis- tics, for the duration of the lease term. All of the provisions of arti- cle 9 of the labor law shall apply. Employers shall be subject to the requirements of contractors under article 9 of the labor law. S 9. 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 would ordinarily be performed by employ- ees subject to article 14 of the civil service law shall continue to be performed by such employees. S 10. Without limiting the determination of such terms and conditions by said trustees, such terms and conditions may provide for leasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and granting of
licenses, easements and other arrangements with regard to such grounds and facilities by the developer and parties contracting with the devel- oper and, in connection with such activities, the obtaining of financ- ing, whether public or private or secured (including, but not limited to, secured by leasehold mortgages and assignments of rents and leases), by the developer for the purposes of completing the projects described in this act. S 11. Any contracts entered into pursuant to this act between the developer and parties contracting with the developer for work on this project as defined in section five of this act shall be awarded by a competitive process. S 12. Any contracts or leases entered into by the state university of New York of the developer pursuant to this act shall be subject to the approval of the attorney general as to form as well as by the director of the budget and the state comptroller. Any and all proceeds relating to the leases authorized by this act shall be applied for and in furth- erance of the mission of Upstate Medical University and shall include, but not be limited to the following: student scholarships for educa- tionally and economically disadvantaged students; additional full-time faculty positions; funds for the construction and rehabilitation of new and existing Upstate Medical University buildings; and funds to support the teaching, research and service missions of Upstate Medical Universi- ty. S 13. The state university of New York shall not lease lands described in this act unless contract is executed by the developer or lessee for a project pursuant to this act within two years of the effective date of this act. S 14. Any lease or other agreement executed pursuant to this act 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, employ- ees, 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 15. 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; provided, however, that all leases, contracts, financing, granting of licenses, easements, and other arrangements with regard to a project pursuant to this act shall be subject to the provisions of article 8 of the environmental conservation law. S 16. Severability. If any section, subdivision, paragraph, subpara- graph, clause or other part of this act or its application is held to be invalid by final judgment of a court of competent jurisdiction, such invalidity shall not be deemed to impair or otherwise affect the validi- ty of the remaining provisions or applications of this act that can be given effect without such invalid provision or application, but such invalidity shall be confined to the section, subdivision, paragraph, subparagraph, clause or other part of this act or its application directly held invalid thereby, which are declared to be severable from the remainder of this act. It is declared to be the intent of the legis- lature that this act would have been enacted but for any such invalid provision or application thereof. S 17. This act shall take effect immediately.

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