Section 1285-K. Financing of the design, acquisition, construction, improvement and installation of Riverbank Park  


Latest version.
  • In order  to  effectuate  the  purposes  of  this  title, the corporation shall have the following
      additional special powers:
        1. Notwithstanding the provisions of any  law  to  the  contrary,  the
      corporation  and  any  state  agency,  subject  to  the  approval of the
      director of the budget, may enter into  a  contract  for  financing  the
      design,  acquisition,  construction, improvement and installation of all
      or any portion of Riverbank Park,  for  and  on  behalf  of  such  state
      agency;  and  the  corporation  and  any  state  agency may enter into a
      contract, lease, easement, license or other instrument pursuant to which
      the corporation  shall  make  all  or  any  portion  of  Riverbank  Park
      available  to  such  agency,  for  use  as  a park. Any such contract or
      contracts, lease, easement, license or other instrument  shall  be  upon
      such  terms  and  conditions  as  the  corporation and the subject state
      agency shall determine to be reasonable, including, but not limited  to,
      the  payment  of, or reimbursement to the corporation for, (a) all costs
      of the corporation in financing the design,  acquisition,  construction,
      improvement  and  installation  of all or any portion of Riverbank Park,
      and any claims arising therefrom, (b) all fees and other charges of, and
      all expenses  incurred  by,  the  corporation  in  connection  with  the
      issuance  and  administration  of  any  bonds  or  notes  issued  by the
      corporation for such purpose, and (c)  amounts  sufficient  to  pay  all
      principal,  premium,  if  any, and interest on such bonds or notes. Such
      payment or reimbursement may be made annually or otherwise,  may  be  in
      fixed  amounts  or based on any factors or other matters, or may be made
      in any other manner, as such contract or contracts shall provide.
        2. Any contract, lease, easement, license or other instrument  entered
      into  by the corporation pursuant to subdivision one of this section may
      be assigned or pledged by the corporation as security for its  bonds  or
      notes  issued  for  the  purpose  of  financing the design, acquisition,
      construction, improvement and installation of  all  or  any  portion  of
      Riverbank Park.
        3.  The  corporation,  any  state  agency, the city of New York or any
      agency or instrumentality thereof, may enter into any leases, easements,
      licenses, or other instruments, for  the  purpose  of  granting  to  the
      corporation  any  interest  in real property which the corporation shall
      deem necessary for the purpose of  financing  the  design,  acquisition,
      construction,  improvement  and  installation  of  all or any portion of
      Riverbank Park.
        4. Notwithstanding the provisions of subdivision one of this  section,
      any  contract, lease, easement, license or other instrument entered into
      by the corporation with any state agency, pursuant to subdivision one of
      this section, shall (a) provide that the obligation of the state or such
      state agency to pay the amounts therein provided shall not constitute  a
      debt  of the state within the meaning of any constitutional or statutory
      provision, and (b) be deemed executory only to  the  extent  moneys  are
      available,  and  provide  that the obligation of the state or such state
      agency to make payments thereunder is subject to annual appropriation by
      the legislature.