Section 372-A. University-related economic development facilities  


Latest version.
  • 1.
      Notwithstanding subdivisions one through six and eight  through  ten  of
      section  three  hundred  seventy-six  of this article, the provisions of
      this section shall apply to the  fund  when  it  acts  pursuant  to  the
      authorization  under this section. Pursuant to the authorization in this
      section and approval by the trustees of the  university,  the  fund  may
      acquire,  design,  construct, reconstruct, rehabilitate, improve, lease,
      manage   and/or   operate   university-related   economic    development
      facilities.  University-related economic development facilities, as used
      in this chapter, shall mean facilities  for  research,  development  and
      commercial  enterprises  dealing  in products and/or services related to
      the mission or academic specialties of the campus associated  with  such
      facilities,  or  dealing  in  support  products  or  services  for  such
      enterprises which will have a significant economic  benefit.  Consistent
      with such authorization, the state university trustees are authorized to
      enter  into  contracts  or leases for lands and facilities authorized in
      subdivision two of this section. Such leases or contracts shall  be  for
      the  development,  construction, and operation of such facilities by the
      fund. Construction, acquisition, rehabilitation, improvement, facilities
      operation management, mortgaging  with  any  private  lender  (including
      other  security  or financing arrangements incidental or related thereto
      or customary in connection therewith, leasehold mortgaging or assignment
      of rents) leasing, subleasing of, providing services  for  or  otherwise
      assisting  or  granting  of easements, licenses or other arrangements in
      regard to such facilities and underlying land may be provided from  time
      to  time without public bidding or sale by such contracts or leases (and
      replacements, modifications, substitutions  and  renewals  thereof)  and
      upon such terms as the trustees may approve provided, however, that:
        a.  No  contract  or  lease  for real property shall provide for a fee
      simple conveyance, or be for a period of greater than thirty years; each
      such contract or lease shall be approved by the attorney general, as  to
      form, the director of the budget and the comptroller of the state of New
      York;
        b.  In  the event the real property which is the subject of such lease
      or contract shall cease to be used for the purposes authorized  by  this
      section  and  at  the expiration of such contract or lease in any event,
      such property and the improvements thereon shall  revert  to  the  state
      university  of  New  York,  and any such lease or contract shall be made
      subject to such conditions, and provide for such reverter;
        c. The authorization of any facilities or  projects  in  this  section
      shall  expire and be of no further force and effect, unless the approval
      of the trustees of the university  occurs  within  three  years  of  the
      effective date thereof;
        d.  Any  contracts or leases entered into by the trustees of the state
      university of New York pursuant to this section shall require the lessee
      or  contracting  not-for-profit   corporation   to   comply   with   the
      requirements  of article fifteen-A of the executive law. Any contract or
      lease for construction, rehabilitation, or other improvement  authorized
      by this section entered into by the trustees shall require the lessee or
      contractor  and/or  subcontractor  to  comply  with  the requirements of
      section two hundred twenty, two hundred thirty, two hundred  thirty-one,
      two  hundred  forty  and  two  hundred forty-one of the labor law, where
      applicable, as well as sections one hundred one and one hundred three of
      the general municipal law, where applicable;
        e. The benefits to the region, state, and university community by  the
      establishment  of  a high technology facility at the state university of
      New York shall be realized with no negative impact upon  the  employment
      status   of  state  university  of  New  York  employees  or  collective
    
      bargaining units that represent  such  employees  as  a  result  of  any
      contract or lease authorized by this section;
        f.  Any  agreement, contract or lease authorized by this section shall
      include an indemnity provision whereby the lessee or sublessee  promises
      to  indemnify,  hold  harmless,  and  defend  lessor against all claims,
      suits, actions, and liability, to all persons on  the  leased  premises,
      including   tenants,   tenants'   agents,  contractors,  subcontractors,
      employees, 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  tenants'  use  or
      occupation of the demises premises;
        g.  Any  such  lease, contract or agreement authorized by this section
      must clearly define  the  purpose  for  which  the  land  will  be  used
      consistent  with the mission of the state university of New York and the
      mission of the campus involved in such lease, contract or agreement; and
        h. The fund shall report annually to the state university of New York,
      the governor, the speaker of the assembly and the temporary president of
      the senate, on each of the facilities and projects  authorized  by  this
      section.
        2. Subsequent to the approval of the trustees of the state university,
      the  following  facilities  are specifically and expressly authorized by
      law and to the terms and conditions set forth herein:
        a. Pharmaceutical technology/manufacturing building and an  affiliated
      academic   incubator   at  state  university  of  New  York  college  at
      Farmingdale. The state university of New York is authorized to establish
      an account  to  receive  payments  from  leases  of  the  pharmaceutical
      technology/manufacturing  building.  Any  payments  deposited  into this
      account may be transferred to the fund for payments related  to  design,
      construction,  reconstruction,  rehabilitation  or  improvement  of  the
      affiliated academic incubator authorized in this paragraph.