Section 850. State office buildings and other public improvements in certain counties

1.  Notwithstanding  any  other  provision  of  law, general,
  special or local, every county is hereby authorized and empowered:
    (a) To acquire by purchase, gift or dedication, or by condemnation  in
  the  manner provided by the law under which such county is authorized to
  acquire property for public purposes, or if there be no such law, in the
  manner provided by and subject to the  provisions  of  the  condemnation
  law, property in any such city within the county as a site for an office
  building or buildings and appurtenances, suitable for the primary use of
  state departments, agencies and employees, and other public improvements
  and  appurtenances,  which  site  may  be  located  within a larger area
  previously acquired and cleared under an urban renewal program.
    (b) To acquire property from the state or a city within the county  as
  such  a  site,  by  lease  for a term not exceeding forty years, or by a
  quitclaim deed conveying all the right, title and interest of the people
  of the state or city in and to such property, and to agree that  if  the
  county  shall  fail, within five years from the date of such conveyance,
  to  construct  an  office  building  or  to  construct,  reconstruct  or
  otherwise  provide  a  public  improvement  on  such  property as may be
  required by the  terms  of  a  contract  entered  into  with  the  state
  commissioner  of  general  services in accordance with the provisions of
  this section, or if any office building so constructed on such  property
  ceases  to  be  used  primarily  for  state purposes, then and in either
  event, such property shall revert to the people of the state with  right
  of re-entry thereupon or shall be conveyed to the people of the state in
  fee  simple;  provided,  however,  that  as a condition precedent to the
  exercise of such right of re-entry the state shall  pay  to  the  county
  such  amount  as  may  be  specified in a contract or lease entered into
  between the state commissioner of general services  and  the  county  in
  accordance  with  the provisions of this act, which amount may equal (i)
  the purchase price of the county for such property, (ii) the depreciated
  costs  of  the  county  for  all  buildings,  public  improvements   and
  appurtenances  constructed  thereon  pursuant  to  any  such contract or
  lease, and (iii) all other costs of the county incurred pursuant to such
  contract or lease incident to such property and the construction of such
  office buildings and the construction, reconstruction  or  provision  of
  public  improvements  and  appurtenances,  including  the  cost  of  the
  original fixtures, furnishings, equipment, machinery and  apparatus,  if
  any, included in such work or purchased by the county. Upon the exercise
  by  the  state  of  such right of re-entry, the county shall establish a
  sinking fund and any payment made by the state  upon  exercise  of  such
  right of re-entry shall, to the extent necessary, be paid into such fund
  which shall be maintained solely for the liquidation of the principal of
  and interest on any indebtedness contracted or incurred by the county in
  relation  to the property which so reverts to the people of the state of
  New York.
    (c) To enter into a contract or contracts with the state  commissioner
  of   general   services  on  behalf  of  the  state  providing  for  the
  construction on such property of one or more office buildings,  suitable
  for  the  primary  use of state departments, agencies and employees, and
  for the construction, reconstruction or other provisions of other public
  improvements and appurtenances.
    (d) To clear such property, close and open streets  and  public  ways,
  and demolish existing structures as may be required by any such contract
  with  the state commissioner of general services and to construct one or
  more such office buildings and to construct,  reconstruct  or  otherwise
  provide  for  other  public improvements and appurtenances in accordance

  with plans and specifications approved  by  the  state  commissioner  of
  general services and incorporated in any such contract.
    (e)  To  designate  the  state commissioner of general services as its
  agent in connection with the construction of one  or  more  such  office
  buildings  and  the  construction,  reconstruction or provision of other
  public improvements and appurtenances by the county pursuant to any such
  contract with the state commissioner of general services, provided  that
  in  such  case,  construction,  reconstruction  or  other  contracts  in
  connection therewith shall be let by the state commissioner  of  general
  services  to  the lowest responsible bidder, after public advertisement,
  in the manner provided in section eight of the public buildings law.
    (f) To purchase through the  state  office  of  general  services,  in
  accordance  with  section one hundred four of the general municipal law,
  such furnishings, equipment, machinery and apparatus,  not  included  in
  the  construction  plans  and  specifications,  as  may  be specified by
  contract  with  the  state  commissioner   of   general   services   for
  installation in an office building, public improvement or appurtenances,
  and  to  install,  alter  or  improve  the  same in accordance with such
  contract.
    (g) To lease to the state, for possession upon the completion of work,
  all  office  buildings  and  public   improvements   and   appurtenances
  constructed,  reconstructed  or  provided  pursuant to any such contract
  with the state commissioner  of  general  services,  together  with  the
  original  furnishings,  equipment,  machinery  and  apparatus  installed
  therein pursuant to paragraph (f) of this subdivision, and to lease  the
  property  upon  which  such  office  buildings,  public improvements and
  appurtenances  are  constructed,  reconstructed  or  provided  if   such
  property  is  owned  by  the  county or to sublease such property to the
  state if leased to the county, for a term not exceeding forty years  and
  upon  such  terms  and conditions including a fair and reasonable annual
  rental  as  may  be  agreed  upon  between  the  county  and  the  state
  commissioner of general services.
    (h)   To  sublease  from  the  state  an  office  building  or  public
  improvement, or space  therein,  for  the  use  of  county  departments,
  agencies, or employees.
    (i)  To  convey  to  the  state title to all such office buildings and
  public improvements and appurtenances, and to the  property  upon  which
  the  same are constructed, reconstructed or provided if such property is
  owned by the county, in fee simple at the expiration of the term of  any
  such  lease  or  upon  the  earlier  payment in full of the total amount
  specified in any such contract or lease with the state  commissioner  of
  general services, without additional charge therefor.
    (j)  To  make  appropriate provision in any contract or lease with the
  state as to liability on account of  loss  or  damage  caused  by  fire,
  explosion  or  other  catastrophe and as to whether any property, office
  building,  public  improvement,  appurtenance,  furnishings,  equipment,
  machinery  and  apparatus  shall  be insured against loss or damage from
  such causes, for the payment of the cost of such insurance and  for  the
  application  of  (i)  any  payments made by the state in respect of such
  liability, or (ii) the proceeds of any such insurance  received  by  the
  county.  If,  under the terms of such contract or lease, any payments so
  made by the state or the proceeds of any such insurance so  received  by
  the  county  are  not  used  to  rebuild  or repair the property, office
  building,  public  improvement,  appurtenance,  furnishings,  equipment,
  machinery  or apparatus destroyed or damaged, the county shall establish
  a sinking fund and shall, to the extent necessary, pay any such payments
  so made by the state or the proceeds of any such insurance  so  received
  into  such  fund which shall be maintained solely for the liquidation of

  the principal of and interest on any indebtedness contracted or incurred
  by the county in relation  to  the  property,  office  building,  public
  improvement,   appurtenance,   furnishings,   equipment,   machinery  or
  apparatus so destroyed or damaged.
    (k)  To  make  all  agreements,  necessary  or  convenient  in respect
  thereof, with a city within such county which joins with the county  and
  the  state  commissioner  of general services in a contract entered into
  pursuant to the provisions of this section, and to share with such  city
  any  benefits  accruing to the county from such contract or from general
  provisions of law which become applicable because of the acquisition  of
  property   upon   which   the   office  building  or  buildings,  public
  improvements,  or  appurtenances,  are  constructed,  reconstructed   or
  provided pursuant to the terms of such contract.
    (l)  From  time  to  time,  to  authorize, issue and sell obligations,
  pursuant to the local  finance  law,  to  pay  the  costs  of  acquiring
  property,   of   constructing   office   buildings,   of   constructing,
  reconstructing or otherwise  providing  other  public  improvements  and
  appurtenances,  including  in  each  case  architectural and engineering
  fees, and of purchasing original furnishings, equipment,  machinery  and
  apparatus  therefor  pursuant  to  this section. The acquisition of such
  property, the construction of such office buildings,  the  construction,
  reconstruction  or  other  provision  of  other  public improvements and
  appurtenances and the purchase of such original furnishings,  equipment,
  machinery and apparatus are hereby declared county purposes.
    (m)  To  make  provision  in  any contract or lease, or both, with the
  state relative to the  county  and  its  officers  and  employees  being
  indemnified  and  saved  harmless  from  any  and  all manner of claims,
  damages,  loss,  injury,  suits,  actions  and   proceedings   and   the
  performance, payment, and compliance with, all orders and judgments that
  may be rendered, obtained or made against the county and arising out of,
  connected with, or, because of, anything done or undertaken hereunder or
  pursuant  hereto  by,  or, in behalf of, or, in the name of, the county.
  There shall be included in such indemnification any expenses,  fees  and
  costs  of  the  county  in  respect  of  the foregoing and not otherwise
  reimbursed to it pursuant to any contract or lease.
    (n) To enter into a contract  or  contracts  in  accordance  with  the
  provisions  of  this  section,  with  the  state commissioner of general
  services and with a city within such county which contract or  contracts
  may provide for:
    (i)   The  acquisition  by  such  county  of  land  suitable  for  the
  establishment thereon of a portion of a complex, the remainder of  which
  complex  is  to  be  established  upon  the contiguous site of an office
  building or buildings suitable for the primary use of state departments,
  agencies and employees.
    (ii) The construction by the county on  its  land  of  a  building  or
  buildings  and  public  improvements  and appurtenances for the uses and
  purposes of the county and such city.
    (iii) The designation by the  county  of  the  state  commissioner  of
  general  services to act as its agent for the joint design, development,
  construction, reconstruction  and  provision  of  the  portions  of  the
  complex  containing  common  facilities,  in  accordance  with plans and
  specifications approved by the state commissioner  of  general  services
  and the county.
    (iv)  The  payment  by the state in the first instance, whenever state
  funds therefor are made available, of any and all costs and expenses  of
  the design, development, construction, reconstruction and development of
  the portions of the complex containing the common facilities, subject to
  payment  to  and  reimbursement  of  the  state  by  the  county  of its

  proportionate share of the said costs and expenses, at the time  and  in
  the amounts specified in the contract.
    (v)  The  granting, acceptance and exchange of easements, licenses and
  rights-of-way, in, on, over and  under  any  land,  building  or  public
  improvement in connection with the construction or use of the complex.
    (vi) The operation, maintenance and repair by the state and county and
  such  city  of  the common facilities of the complex and for the payment
  and reimbursement by the state and county and such city of all costs  of
  such operation, maintenance and repair.
    (vii)  The  defense against claims by third parties arising out of the
  ownership, operation and control of the common facilities, by  insurance
  or otherwise.
    (viii) The repair and reconstruction of any building, common facility,
  public  improvement  and  appurtenances  within  the  complex damaged or
  destroyed by fire, explosion or other catastrophe.
    (ix) The lease by such county and the state of stores and  restaurants
  within  the common facilities for the convenience of state and municipal
  employees and the public  at  large  upon  such  terms  and  conditions,
  including  consideration  and  length  of  term  as  such county and the
  commissioner of general services deem proper.
    2. For purposes of this section:
    (a) The term "property" is defined to include lands, waters, rights in
  lands or waters, structures, franchises and interests in land, including
  lands under water and riparian rights, and any and all other things  and
  rights  usually  included  within  the  definition  of real property and
  includes also any and all interests in  such  property  less  than  full
  title,  such  as  easements permanent or temporary, rights-of-way, uses,
  leases, licenses and  all  other  incorporeal  hereditaments  and  every
  estate, interest or right, legal or equitable.
    (b)  The term "public improvement" or "public improvements" is defined
  to include but not limited to a  courthouse,  an  archives  and  records
  center,  a  museum,  a  laboratory, a park, a garden, a recreation area,
  restaurants,  shops,  the  installation  of  trees,  shrubs  and   other
  landscaping,  a monument, fountain, sculpture, a plaza, substructure and
  parts thereof, mechanical, pedestrian or vehicular accessways, a parking
  garage, a parking lot, a pedestrian walkway or overpass or underpass, an
  arterial  highway  or  connection,  a  crossroad  or  access   road,   a
  transportation  terminal  or  shelter,  a  meeting hall, a civil defense
  shelter  against  radioactive  fallout  or  blast,  and   other   public
  structures  and  facilities  intended  for the use of state or municipal
  employees and the public at large.
    (c) The term "appurtenances" is defined to include but is not  limited
  to  fixtures,  equipment,  machinery and apparatus which are an integral
  part of an office building or public improvement and service  units  and
  other  connections  and  installations  for  power,  water,  sewer, gas,
  electrical, telephone,  heating,  air  conditioning,  ventilating,  snow
  melting, and other utility services.
    (d)  The  term "governmental-building complex" or "complex" is defined
  to mean any building or group of buildings together  with  their  common
  facilities,  related  public improvements and appurtenances, constructed
  by the state and any county and such city as an integrated unit for  the
  primary  use  of  state  and  municipal  offices, departments, agencies,
  employees and the public at large.
    (e) "Common facility" or "common facilities" is defined to mean public
  improvements or appurtenances for the joint use and benefit of occupants
  of a governmental complex.
    3. Except as otherwise provided in relation to any amount paid by  the
  state  upon  the  exercise  of  a  right of re-entry upon property which

  reverts to the people of the state of New York, or in  relation  to  any
  payment  made  by the state on account of loss or damage caused by fire,
  explosion or other catastrophe,  or  in  relation  to  any  proceeds  of
  insurance,  any moneys received by a county from the state in accordance
  with the provisions of any contract or lease entered  into  between  the
  county  and  the state commissioner of general services pursuant to this
  section shall be applied to and actually used for payment of  all  costs
  of  operation,  maintenance  and repair, if required by such contract or
  lease to be performed by the county, and for payment of any interest  on
  and  amortization  of  or  redemption  of  any county obligations issued
  pursuant to paragraph (l) of subdivision one of this  section,  or  such
  moneys  shall  be deposited in a special fund to be used solely for such
  payments. The application and use of  such  payments,  or  the  deposits
  required  therefor,  shall  not  prohibit the county from using any such
  moneys, in excess of such payments or deposits in any one year, for  any
  lawful county purpose.