§ 361 — START-UP NY program leases

§ 361. START-UP NY program leases. 1. Any lease or contract between a\nstate university campus, city university campus or community college as\ndefined in section four hundred thirty-one of the economic development\nlaw and a business for the use of vacant land or vacant space owned or\nleased by such state university campus, community college or city\nuniversity campus in a tax-free NY area approved pursuant to article\ntwenty-one of the economic development law shall provide:\n (a) The term of the lease or contract.\n (b) A requirement that any contract to which a campus or college is a\nparty, and any contract entered into by a third party acting in place\nof, on behalf of and for the benefit of the campus or college therein\npursuant to any lease, permit or other agreement between such third\nparty and the campus or college for the use of vacant land or vacant\nspace owned or leased by the state university campus, community college\nor city university campus for the construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration\nor improvement of a project shall be subject to all of the provisions of\narticle eight of the labor law, including the enforcement of prevailing\nwage requirements by the fiscal officer as defined in paragraph e of\nsubdivision five of section two hundred twenty of the labor law to the\nsame extent as a contract of the state, and shall be deemed a public\nwork for purposes of such article.\n (c) Whenever a party to any lease or contract for projects authorized\npursuant to this section on lands leased or owned by the city university\nof New York, enters into a contract under which employees are employed\nto perform building service work, as that term is defined in section two\nhundred thirty of the labor law, such work shall be subject to article\nnine of the labor law to the same extent as building service work\nperformed pursuant to a contract with a public agency.\n (d) A requirement that for the purposes of article fifteen-A of the\nexecutive law, any individual, public corporation or authority, private\ncorporation, limited liability company or partnership or other entity\nentering into a contract, subcontract, lease, grant, bond, covenant or\nother agreement for a project undertaken by a business authorized\npursuant to article twenty-one of the economic development law shall be\ndeemed a state agency as that term is defined in such article and such\ncontracts shall be deemed state contracts within the meaning of that\nterm as set forth in such article, except that this paragraph shall not\napply to any lease or contract entered into by a community college of\nthe state university of New York or city university of New York.\n (e) The metes and bounds or other applicable description that can be\neasily identified, shared and verified by an independent third party of\nthe vacant land or vacant space subject to the contract or lease.\n (f) A requirement that any lease, contract or other agreement shall\ninclude an indemnity provision whereby the lessee or sublessee promises\nto indemnify, hold harmless, and defend the lessor against all claims,\nsuits, actions, and liability to all persons on the leased premises,\nincluding tenant, tenant's agents, contractors, subcontractors,\nemployees, customers, guests, licensees, invitees, and members of the\npublic, for damage to any such person's property, whether real or\npersonal, or for personal injuries arising out of tenant's use or\noccupation of the demised premises.\n (g) A requirement that upon the expiration of the lease or agreement\ncovering property owned by the campus or college the demised premises\nand any improvements thereon shall revert to the campus or college,\nunless the lease is renewed.\n (h) A requirement that in the event the demised premises shall cease\nto be used for the purposes described in the lease or contract covering\nproperty owned by the campus or college, the lease or contract shall\nterminate on the thirtieth day after notice of such termination is\nmailed to the business, the demised premises and any improvements\nthereon shall revert to the campus or college.\n (i) A requirement that any and all proceeds relating to the lease or\ncontract shall be allocated by the board of trustees to the campus or\ncollege for which such contract or lease applies, deposited in the\ngeneral fund of such campus or college, and used for purposes including\nbut not limited to student financial aid for students who are eligible\nto receive a tuition assistance award or supplemental tuition assistance\npursuant to section six hundred sixty-seven or six hundred sixty-seven-a\nof the education law and to support additional full-time faculty\npositions.\n 2. For the purposes of this section and for the purposes of any lease\nor contract authorized pursuant to this section: "project" shall mean\ncapital improvement work on real property under the jurisdiction of the\ncampus or college to be subject to any lease, transfer or conveyance,\nother than conveyance of title. Such capital improvement work shall\ninclude the design, construction, reconstruction, demolition,\nexcavation, rehabilitation, repair, renovation, alteration or\nimprovement of real property under the jurisdiction of the campus or\ncollege.\n 3. A party to any lease or contract authorized pursuant to this\nsection may require a contractor awarded a contract, subcontract, lease,\ngrant, bond, covenant or other agreement for a project to enter into a\nproject labor agreement pursuant to section two hundred twenty-two of\nthe labor law during and for the work involved with such project when\nsuch requirement is part of such party's request for proposals for the\nproject and when the party determines that the record supporting the\ndecision to enter into such an agreement establishes that the interests\nunderlying the competitive bidding laws are best met by requiring a\nproject labor agreement including: obtaining the best work at the lowest\npossible price; preventing favoritism, fraud and corruption; the impact\nof delay; the possibility of cost savings; and any local history of\nlabor unrest.\n