Section 18-128. Renting of tennis stadium and center in Flushing Meadows-Corona Park  


Latest version.
  • a. Notwithstanding  any  other  provision  of  law,  general,  special  or  local,  the  city,  acting by the commissioner is
      hereby authorized and  empowered  to  enter  into  contracts,  long-term
      leases   or   rental   agreements  with,  or  grant  licenses,  permits,
      concessions or other authorizations to, the USTA National Tennis  Center
      Incorporated,  its  affiliates,  successors or mortgagees, or assigns in
      connection with or pursuant to a mortgage or other financing  (including
      an  assignment  by  a mortgagee) ("NTC") upon such terms and conditions,
      for such consideration, and for such term of duration as may  be  agreed
      upon  by the city and the NTC, whereby the NTC is granted the right, for
      any purpose or purposes referred to in subdivision b of this section, to
      use, occupy or carry on activities on certain tracts of  land  described
      in  subdivision  c of this section, including the facilities constructed
      on such tracts of land, being a part of Flushing Meadows-Corona Park and
      situated in the borough of Queens, city and state of New York, title  to
      which  tracts  is  now  in  the  city, with rights of ingress and egress
      thereto and therefrom, together with appurtenant  rights  to  use  areas
      within  the  park  other  than  those described in subdivision c of this
      section,  upon  such  terms  and  conditions  as  agreed  upon  by   the
      commissioner,  for  up  to sixty days in any calendar year for ancillary
      parking to support the U.S. Open Tennis Championships or  other  similar
      competitive   tennis  events.  Prior  to  or  after  the  expiration  or
      termination of the terms of duration of any  contracts,  leases,  rental
      agreements,  licenses,  permits,  concessions  or  other  authorizations
      entered into or granted pursuant to the provisions of  this  subdivision
      and  subdivision  b  of  this  section, the city, in accordance with the
      requirements and conditions of this subdivision  and  subdivision  b  of
      this  section, may from time to time enter into amended, new, additional
      or further contracts, leases or rental agreements with, and  grant  new,
      additional   or   further   licenses,   permits,  concessions  or  other
      authorizations to the NTC or other person for any  purpose  or  purposes
      referred to in subdivision b of this section; provided however, that any
      such  lease  entered  into  with  a  person other than the NTC shall not
      exceed a period of more than one year and shall not  be  renewable;  and
      provided  further  that upon the expiration of such one year period, the
      city may not enter into any further leases for the lands and  facilities
      described in this section.
        b.  Any contract, lease, rental agreement, license, permit, concession
      or other authorization referred to in subdivision a of this section  may
      grant  to  the NTC or other person, the right to use, occupy or carry on
      activities in, the whole or any part of such tracts of  land,  including
      such  facilities constructed on such tracts of land, (1) for any purpose
      or purposes which is of such nature as  to  furnish  to,  or  foster  or
      promote  among,  or  provide for the benefit of, the people of the city,
      recreational use  and  activities  including  entertainment,  amusement,
      education,   enlightenment,  cultural  development  or  betterment,  and
      improvement of trade and commerce, including professional,  amateur  and
      scholastic  sports  and  athletic  events,  theatrical, musical or other
      cultural and entertainment  presentations,  and  meetings,  assemblages,
      conventions  and exhibitions, including those held for business or trade
      purposes, and other events of charitable, civic, community  and  general
      public  interest,  and/or (2) for any charitable, business or commercial
      purpose which aids in the operation of  the  facilities  constructed  on
      such tracts of land and which does not interfere with the accomplishment
      of  the  purposes  referred to in paragraph (1) of this subdivision. Any
      such lease, rental  agreement,  license,  permit,  concession  or  other
      authorization   shall   contain   provisions   with   respect   to:  the
    
      establishment of a fund by the NTC to be used  by  the  city,  with  the
      approval  of  the  commissioner  after  consultation  with  the  borough
      president, for park improvement  purposes;  the  operation  of  expanded
      public  programs  designed  to  meet  the needs of the community, and to
      encourage broad participation by the public in the sport  of  tennis  as
      agreed   to   by   the   commissioner;   and   the   implementation   of
      non-discrimination  and  affirmative  action  policies.  It  is   hereby
      declared  that  all  of the purposes referred to in this subdivision are
      for the benefit of the people of the city and  for  the  improvement  of
      their  health,  welfare, recreation and prosperity, for the promotion of
      competitive sports for youth and the prevention of juvenile delinquency,
      lessening of the burdens of government, and for the improvement of trade
      and commerce, and are hereby declared to be public purposes.
        c. The tracts of land referred to in subdivision a of this section are
      more particularly described as follows:
        All that certain lot, piece or parcel of land, with the buildings  and
      improvements  thereon  erected,  situate,  lying  and  being in Flushing
      Meadows-Corona Park in the borough of Queens, city and state of New York
      bounded and described as follows:
        1. BEGINNING at a point being the corner formed by the intersection of
      the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and
      North Side Division) with the northeasterly side of  the  Grand  Central
      Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid
      out on N.Y.C. Alteration Maps numbers 4164, 4179 and 4496;
        Running thence North 36°-13'-30" East, along the southeasterly side of
      the  Long  Island  Rail  Road  R.O.W.,  a distance of 1,223.44 feet to a
      point;
        Running thence North 49°-26'-52" East, a distance of 245.50 feet to  a
      point of curvature;
        Running thence along a curve, bearing to the left and having a central
      angle  of  13°-13'-20" and a radius of 610.00 feet, a distance of 140.77
      feet to a point of tangency;
        Running thence North 36°-13'-33" East, a distance of 211.45 feet to  a
      point;
        Running  thence South 54°-01'-05" East, a distance of 245.89 feet to a
      point;
        Running thence South 35°-58'-51" West, a distance of 7.98  feet  to  a
      point;
        Running  thence  South 54°-01'-05" East, a distance of 39.78 feet to a
      point;
        Running thence North 35°-46'-36" East, a distance of 8.27  feet  to  a
      point;
        Running  thence  South 54°-01'-05" East, a distance of 25.80 feet to a
      point (not a point of curvature);
        Running thence along a curve, bearing to the left and having a central
      angle of 58°-23'-39", a radius of 130.00 feet and a  radial  bearing  of
      North  65°-23'-12"  East,  a  distance  of 132.49 feet to a point (not a
      point of tangency);
        Running thence South 11°-06'-58" East, a distance of 853.90 feet to  a
      point of curvature;
        Running  thence  along  a  curve,  bearing  to  the right and having a
      central angle of 68°-12'-53" and a radius of 18.79 feet, a  distance  of
      22.37 feet to a point of reverse curvature;
        Running thence along a curve, bearing to the left and having a central
      angle  of  18°-37'-21" and a radius of 485.48 feet, a distance of 157.79
      feet to a point of tangency;
        Running thence South 38°-28'-34" West, a distance of 485.81 feet to  a
      point;
    
        Running  thence  North  51°-38'-40" West, a distance of 8.99 feet to a
      point;
        Running  thence South 38°-06'-51" West, a distance of 340.83 feet to a
      point (not a point of curvature);
        Running thence along a curve,  bearing  to  the  right  and  having  a
      central  angle  of  84°-29'-16",  a  radius  of  40.00 feet and a radial
      bearing of South 44°-03'-16" West, a distance of  58.98  feet  to  point
      (not a point of tangency);
        Running  thence South 38°-32'-31" West, a distance of 185.86 feet to a
      point;
        Running thence North 55°-21'-03" West, a distance of 14.76 feet  to  a
      point;
        Running  thence  South 38°-45'-41" West, a distance of 32.45 feet to a
      point (not a point of curvature);
        Running thence along a curve,  bearing  to  the  right  and  having  a
      central  angle  of  5°-34'-27",  a  radius of 7,000.00 feet and a radial
      bearing of North 33°-38'-33" East, a distance of 681.01 feet to a  point
      of tangency;
        Running  thence  North  50°-47'-00" West, a distance of 403.24 feet to
      the POINT OR PLACE OF BEGINNING.
        The area of this parcel is 1,825,541.05 sq. ft. (41.91 acres) and  the
      total perimeter is 5527.37 feet.
        2. BEGINNING at a point being the following courses and distances from
      the  corner  formed by the intersection of the southeasterly side of the
      Long Island Rail Road R.O.W. (Flushing and North Side Division) with the
      northeasterly side of the Grand Central Parkway, said Point of Beginning
      being N.Y.C. Monument No. 23945 as laid out on  N.Y.C.  Alteration  Maps
      numbers 4164, 4179 and 4496;
        (1)  Running  thence  North  36°-13'-30" East, along the southeasterly
      side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to
      a point;
        (2) Running thence North 49°-26'-52" East, a distance of  245.50  feet
      to a point of curvature;
        (3)  Running  thence  along  a curve, bearing to the left and having a
      central angle of 13°-13'-20" and a radius of 610.00 feet, a distance  of
      140.77 feet to a point of tangency;
        (4)  Running  thence North 36°-13'-33" East, a distance of 460.50 feet
      to a point;
        (5) Running thence South 53°-51'-28" East, a distance of 89.31 feet to
      the POINT OR PLACE OF BEGINNING;
        Running thence North 35°-59'-23" East, a distance of 168.81 feet to  a
      point (not a point of curvature);
        Running thence along a curve, bearing to the left and having a central
      angle  of  5°-13'-58",  a  radius of 588.03 feet and a radial bearing of
      North 57°-54'-08" West, a distance of 53.70 feet to a point of tangency;
        Running thence North 26°-51'-55" East, a distance of 67.58 feet  to  a
      point of curvature;
        Running  thence  along  a  curve,  bearing  to  the right and having a
      central angle of 26°-02'-29" and a radius of 329.01 feet, a distance  of
      149.54 feet to a point (not a point of tangency);
        Running  thence  North 54°-51'-58" East, a distance of 30.77 feet to a
      point (not a point of curvature);
        Running thence along a curve, bearing to the right, having  a  central
      angle  of  113°-46'-56",  a radius of 15.62 feet and a radial bearing of
      South 36°-25'-54" East, a distance of 31.03 feet to a point (not a point
      of tangency);
        Running thence South 01°-03'-39" East, a distance of 71.24 feet  to  a
      point (not a point of curvature);
    
        Running  thence  along a curve, bearing to the right, having a central
      angle of 25°-55'-13", a radius of 1,000.00 feet and a radial bearing  of
      North  88°-41'-48"  West,  a  distance  of 452.39 feet to a point (not a
      point of tangency);
        Running  thence  North  53°-51'-28" West, a distance of 237.41 feet to
      the POINT OR PLACE OF BEGINNING.
        The area of this parcel is 78,284.99 sq.  ft.  (1.80  acres)  and  the
      total perimeter is 1,262.48 feet.
        3. BEGINNING at a point being the following courses and distances from
      the  corner  formed by the intersection of the southeasterly side of the
      Long Island Rail Road R.O.W (Flushing and North Side Division) with  the
      northeasterly side of the Grand Central Parkway, said Point of Beginning
      being  N.Y.C.  Monument  No. 23945 as laid out on N.Y.C. Alteration Maps
      numbers 4164, 4179 and 4496;
        (1) Running thence North 36°-13'-30"  East,  along  the  southeasterly
      side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to
      a point;
        (2)  Running  thence North 49°-26'-52" East, a distance of 245.50 feet
      to a point of curvature;
        (3) Running thence along a curve, bearing to the  left  and  having  a
      central  angle of 13°-13'-20" and a radius of 610.00 feet, a distance of
      140.77 feet to a point of tangency;
        (4) Running thence North 36°-13'-33" East, a distance of  460.50  feet
      to a point;
        (5)  Running  thence South 53°-51'-28" East, a distance of 401.06 feet
      to a point (not a point of curvature);
        (6) Running thence along a  curve,  bearing  to  the  left,  having  a
      central  angle  of  00°-59'-45",  a radius of 1,073.50 feet and a radial
      bearing of N 62°-09'-41" West, a distance of 18.66 feet to the POINT  OR
      PLACE OF BEGINNING:
        Running  thence  along  the  same curve, bearing to the left, having a
      central angle of 10°-34'-58", a radius of 1,073.50  feet  and  a  radial
      bearing of North 63°-09'-27" West, a distance of 198.28 feet to a point;
        Running  thence  South 77°-26'-40" East, a distance of 69.89 feet to a
      point;
        Running thence South 52°-56'-05" East, a distance of 240.12 feet to  a
      point;
        Running thence South 37°-03'-55" West, a distance of 147.20 to a point
      (not a point of curvature);
        Running  thence  along  a curve, bearing to the left, having a central
      angle of 4°-37'-36", a radius of 2,600.00 feet and a radial  bearing  of
      South  10°-56'-00" West, a distance of 209.95 feet to a point of reverse
      curvature;
        Running thence along a curve, bearing to the right, having  a  central
      angle  of  60°-37'-23"  and  a radius of 15.00 feet, a distance of 15.87
      feet to a point of reverse curvature;
        Running thence along a curve, bearing to the left,  having  a  central
      angle  of  16°-53'-47"  and a radius of 145.00 feet, a distance of 42.76
      feet to a point of reverse curvature;
        Running thence along a curve bearing to the right,  having  a  central
      angle  of  66°-48'-33"  and  a radius of 15.00 feet, a distance of 17.49
      feet to POINT OR PLACE OF BEGINNING.
        The area of this parcel is 56,975.79 sq.  ft.  (1.31  acres)  and  the
      total perimeter is 941.56 feet.