§ 372-A — University-related economic development facilities

§ 372-a. University-related economic development facilities. 1.\nNotwithstanding subdivisions one through six and eight through ten of\nsection three hundred seventy-six of this article, the provisions of\nthis section shall apply to the fund when it acts pursuant to the\nauthorization under this section. Pursuant to the authorization in this\nsection and approval by the trustees of the university, the fund may\nacquire, design, construct, reconstruct, rehabilitate, improve, lease,\nmanage and/or operate university-related economic development\nfacilities. University-related economic development facilities, as used\nin this chapter, shall mean facilities for research, development and\ncommercial enterprises dealing in products and/or services related to\nthe mission or academic specialties of the campus associated with such\nfacilities, or dealing in support products or services for such\nenterprises which will have a significant economic benefit. Consistent\nwith such authorization, the state university trustees are authorized to\nenter into contracts or leases for lands and facilities authorized in\nsubdivision two of this section. Such leases or contracts shall be for\nthe development, construction, and operation of such facilities by the\nfund. Construction, acquisition, rehabilitation, improvement, facilities\noperation management, mortgaging with any private lender (including\nother security or financing arrangements incidental or related thereto\nor customary in connection therewith, leasehold mortgaging or assignment\nof rents) leasing, subleasing of, providing services for or otherwise\nassisting or granting of easements, licenses or other arrangements in\nregard to such facilities and underlying land may be provided from time\nto time without public bidding or sale by such contracts or leases (and\nreplacements, modifications, substitutions and renewals thereof) and\nupon such terms as the trustees may approve provided, however, that:\n a. No contract or lease for real property shall provide for a fee\nsimple conveyance, or be for a period of greater than thirty years; each\nsuch contract or lease shall be approved by the attorney general, as to\nform, the director of the budget and the comptroller of the state of New\nYork;\n b. In the event the real property which is the subject of such lease\nor contract shall cease to be used for the purposes authorized by this\nsection and at the expiration of such contract or lease in any event,\nsuch property and the improvements thereon shall revert to the state\nuniversity of New York, and any such lease or contract shall be made\nsubject to such conditions, and provide for such reverter;\n c. The authorization of any facilities or projects in this section\nshall expire and be of no further force and effect, unless the approval\nof the trustees of the university occurs within three years of the\neffective date thereof;\n d. Any contracts or leases entered into by the trustees of the state\nuniversity of New York pursuant to this section shall require the lessee\nor contracting not-for-profit corporation to comply with the\nrequirements of article fifteen-A of the executive law. Any contract or\nlease for construction, rehabilitation, or other improvement authorized\nby this section entered into by the trustees shall require the lessee or\ncontractor and/or subcontractor to comply with the requirements of\nsection two hundred twenty, two hundred thirty, two hundred thirty-one,\ntwo hundred forty and two hundred forty-one of the labor law, where\napplicable, as well as sections one hundred one and one hundred three of\nthe general municipal law, where applicable;\n e. The benefits to the region, state, and university community by the\nestablishment of a high technology facility at the state university of\nNew York shall be realized with no negative impact upon the employment\nstatus of state university of New York employees or collective\nbargaining units that represent such employees as a result of any\ncontract or lease authorized by this section;\n f. Any agreement, contract or lease authorized by this section shall\ninclude an indemnity provision whereby the lessee or sublessee promises\nto indemnify, hold harmless, and defend lessor against all claims,\nsuits, actions, and liability, to all persons on the leased premises,\nincluding tenants, tenants' 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 tenants' use or\noccupation of the demises premises;\n g. Any such lease, contract or agreement authorized by this section\nmust clearly define the purpose for which the land will be used\nconsistent with the mission of the state university of New York and the\nmission of the campus involved in such lease, contract or agreement; and\n h. The fund shall report annually to the state university of New York,\nthe governor, the speaker of the assembly and the temporary president of\nthe senate, on each of the facilities and projects authorized by this\nsection.\n 2. Subsequent to the approval of the trustees of the state university,\nthe following facilities are specifically and expressly authorized by\nlaw and to the terms and conditions set forth herein:\n a. Pharmaceutical technology/manufacturing building and an affiliated\nacademic incubator at state university of New York college at\nFarmingdale. The state university of New York is authorized to establish\nan account to receive payments from leases of the pharmaceutical\ntechnology/manufacturing building. Any payments deposited into this\naccount may be transferred to the fund for payments related to design,\nconstruction, reconstruction, rehabilitation or improvement of the\naffiliated academic incubator authorized in this paragraph.\n