Section 480. Special provisions relating to acquisition and transfer of real property  


Latest version.
  • Notwithstanding  any  contrary  provisions  of  any  general,  special or local  law,  charter  or  ordinance:  1.  Provided  that  the
      trustees  of  the fund shall have formally approved by a two-thirds vote
      the acquisition of such real property for the development of one or more
      combined  occupancy  structures,  any  public  corporation  or   officer
      responsible  for the acquisition of real property for school purposes in
      the city of Yonkers is hereby authorized for and on behalf  and  in  the
      name of the city of Yonkers, to execute and deliver to the fund, on such
      terms  and  for such consideration, if any, as may be determined by such
      public corporation or officer and the fund, but not to exceed  the  cost
      of acquisition thereof and the cost of improvements thereon, a lease for
      a term not exceeding ninety-nine years, or a quitclaim deed conveying to
      the fund all right, title and interest of such public corporation and of
      the  city  of Yonkers in and to any of the lands acquired by such public
      corporation or officer for school purposes, and in and  to  any  of  the
      improvements  thereon,  for the purpose of constructing, reconstructing,
      rehabilitating or improving  thereon  one  or  more  combined  occupancy
      structures  pursuant to this article for subsequent lease or sublease of
      the school portion of such combined occupancy structures to such  public
      corporation  or  officer,  in  accordance with the terms of an agreement
      entered into among them pursuant to this article.  The  fund  is  hereby
      authorized  to  accept  such  lease or conveyance; to lease, sublease or
      otherwise transfer or convey, such lands and improvements and all or any
      part  of  the  buildings  or  structures   constructed,   reconstructed,
      rehabilitated  or  improved thereon, to third parties and to such public
      corporation or  officer  in  accordance  with  the  provisions  of  this
      article,  and  to  hold the same subject to the terms of any such lease,
      conveyance, sublease or other agreement; and such public corporation  or
      officer is hereby authorized to lease or sublease from the fund any such
      lands  or  improvements  or the school portion of any combined occupancy
      structure, constructed, reconstructed, rehabilitated or improved thereon
      pursuant to this article or other provisions of law, and  to  hold  such
      lands, improvements, buildings and school portions of combined occupancy
      structures  subject  to  the  terms of any such lease, sublease or other
      agreement.
        2. In the event that the fund shall fail, within five years  from  the
      date  of a lease or conveyance authorized pursuant to subdivision one of
      this section, to construct, reconstruct,  rehabilitate  or  improve  the
      buildings  or  structures  thereon for which the conveyance was made, as
      provided for in a lease, sublease or other agreement entered  into  with
      such  public corporation or officer, or in the event that such buildings
      or structures shall cease to be used for the purposes intended, then and
      in either event but subject to the terms of any lease, sublease or other
      agreement undertaken by the fund, such lands, and the  improvements  and
      buildings  or  structures  thereon,  shall revert to the city of Yonkers
      with right of re-entry thereupon, and such lease or deed shall  be  made
      subject  to  such  conditions;  provided,  however,  that as a condition
      precedent to the exercise of such right of re-entry the city of Yonkers,
      or such public corporation or officer, shall pay to the fund  an  amount
      equal  to  the  purchase  price  of  such  lands  and  improvements, the
      depreciated  cost  of   any   buildings   or   structures   constructed,
      reconstructed, rehabilitated or improved thereon, and all other costs of
      the  fund incident to the acquisition of such lands and the financing of
      construction, reconstruction, rehabilitation or improvement relating  to
      such  buildings  or  structures, all as provided in the aforesaid lease,
      sublease or other agreement entered into with such public corporation or
      officer.