§ 180-A — Lease and operation of seventh regiment armory

New York § 180-A

• Jurisdiction: New York
• Law MIL: Military
• Art. 9: Armories

Text

§ 180-a. Lease and operation of seventh regiment armory. 1.\nDefinitions. (a) "Adjutant general" shall mean adjutant general of the\nstate of New York.\n (b) "Armory" shall mean the seventh regiment armory located at 101-129\nEast 66th street, 100-126 East 67th street, 888-898 Lexington avenue and\n641-649 Park avenue, in the county of New York, state of New York and\nidentified as Block 1401, Lot 1 on the tax map of the city of New York\nbounded by Park and Lexington avenues and Sixty-sixth and Sixty-seventh\nstreets.\n (c) "City lease" shall mean collectively, the leases dated September\n23, 1874 and April 23, 1879 by and between the mayor, aldermen and\ncommonality of the city of New York to the field officers of the seventh\nregiment.\n (d) "Division" shall mean the state division of military and naval\naffairs, established by article nine of the executive law.\n (e) "Lease" shall mean a lease for a term of up to ninety-nine years\nto be entered into between the state, acting through the urban\ndevelopment corporation, as lessor, and the lessee, as tenant, leasing\nthe armory or portions thereof.\n (f) "Lessee" shall mean the tenant, a not-for-profit corporation\ndedicated to the preservation of the armory as a historical, civic and\ncultural facility for the community, which is party to a lease with the\nstate, acting through the urban development corporation as landlord,\nleasing the armory or portions thereof.\n (g) "Management agreement" shall mean an agreement to be entered into\nby the state, acting through the urban development corporation,\nproviding for the management of the armory on a short-term basis on\nbehalf of the state as part of the routine or continuing administration\nand management of the armory.\n (h) "Military use" shall mean during periods which are not periods of\ncivil or military emergency, use of a portion of the armory containing\napproximately twenty-one hundred square feet, or such lesser area as the\ndivision may determine, located in the portion of the armory which is\nnot a designated New York city landmark (i.e., not in the historic rooms\nlocated on the first and second floors or the drill hall), for offices\nor administrative functions of the division, and use by the division\nduring any periods of civil or military emergency.\n (i) "Periods of civil or military emergency" shall mean any period\nduring which an order of the adjutant general directing a response to a\ncivil or military emergency is in effect. Said order shall have effect\nin relation to this section only in the event of an order by the\nadjutant general specifically asserting control of areas within the\narmory.\n (j) "Shelter use" shall mean use during periods which are not periods\nof civil or military emergency, the city of New York shall have the\nright to access and use sufficient and suitable space for the current\nand uninterrupted operation of the shelter by the city of New York, as\nwell as usual and customary building services and utilities, including\nbut not limited to heat, water and electric, for use as a shelter for\nhomeless persons.\n (k) "Urban development corporation" shall mean the New York state\nurban development corporation, a public benefit corporation of the\nstate, doing business as the empire state development corporation.\n (l) "Legacy cadet corps program" shall mean a cadet corps or organized\nmilitia program that has accessed or used a regimental armory located\nwithin a city that has a population of over one million people for over\none hundred years during periods which are not periods of civil or\nmilitary emergency.\n 2. State ownership of facility and fixtures. (a) The state, acting\nthrough the division, is and shall be recognized as and declared to be\nthe lawful successor to the interest of the lessee under the city lease.\nNo other person or party, whether through claims or entitlements of past\nor continuing use, occupancy, improvement or otherwise, is or shall be\nrecognized as having any lawful rights in respect of the armory other\nthan as may be expressly granted by, and subject to, the applicable\nsubdivisions of section one hundred eighty-three of this article.\n (b) All improvements, betterments, fixtures, equipment, ornaments,\ndecorative elements, and similar items affixed or attached to the armory\nbuilding (i.e., all items other than moveable personal property which is\nnot affixed to the walls or other parts of the building) are hereby\nrecognized and declared to be an integral part of the armory and\nproperty of the state, and any and all persons who have heretofore\ninstalled or paid for the installation of any of the foregoing items are\ndeemed to have donated such items to the state as of the time of the\ninstallation of such items in the armory.\n 3. Lease and operation of armory; certain provisions of this chapter\nnot applicable. (a) Except with respect to expenditures made by the\nstate or the division in connection with military use or the operation\nof the armory during a period of civil or military emergency, the\nfollowing provisions of this article shall not apply to the repair,\nrestoration, refurbishment or operation of the armory pursuant to the\nlease or the management agreement: section one hundred seventy-eight,\nsubdivisions two and three of section one hundred eighty and section one\nhundred eighty-one.\n (b) The provisions of section one hundred eighty-two of this article\nshall apply only with respect to military use of the portions of the\narmory not demised under the lease, and with respect to periods of civil\nor military emergency, and shall not apply to the operations of the\narmory under the lease or the management agreement.\n (c) Except with respect to military use and during periods of civil or\nmilitary emergency, section one hundred eighty-three of this article\nshall not apply to the operations of the armory pursuant to the lease or\nthe management agreement. The following provisions shall apply in lieu\nof such section one hundred eighty-three:\n (i) On application of any of the associations of veterans or cadet\ncorps programs, including a legacy cadet corps program, described in\nparagraphs a and b of subdivision one of such section one hundred\neighty-three, the lessee or the manager pursuant to the terms of the\nmanagement agreement shall provide a proper and convenient room or rooms\nor other appropriate space in the armory where such posts or chapters\nmay hold regular and special meetings and organizational social events\nof a private nature, without the payment of any charge or expense\ntherefor, provided that such use does not interfere with the use by the\nlessee or the manager pursuant to the terms of the management agreement,\nincluding any use by third parties contracted for under subparagraph\n(ii) of this paragraph.\n (ii) The armory may be used by any person, firm, association,\ncorporation, or municipal entity, provided that such person, firm,\nassociation or corporation enters into an agreement with the lessee or\nthe manager pursuant to the terms of the management agreement permitting\nsuch use. The terms of any agreement entered into between the lessee or\nthe manager pursuant to the terms of the management agreement and a user\nshall provide for such usage to cease during any periods of civil or\nmilitary emergency.\n (d) The provisions of sections one hundred eighty-five, one hundred\neighty-six and one hundred eighty-seven of this article shall not apply\nto the armory.\n (e) The management agreement and lease shall not apply to shelter use\nor to a legacy cadet corps program. Shelter use shall be governed by a\nseparate agreement between the city of New York, the lessee and the\nstate of New York; such separate agreement shall be executed prior to\nthe execution of the lease. A legacy cadet corps program use shall be\ngoverned by a separate agreement between the division and the state of\nNew York; such separate agreement shall be executed once a cadet corps\nprogram is determined to be a legacy cadet corps program.\n (f) A cadet corps program shall qualify as a legacy cadet corps\nprogram if such program can sufficiently demonstrate to the urban\ndevelopment corporation that the cadet corps program has used or\noccupied a regimental armory for over one hundred years. Methods of\nsufficiently proving use or occupancy shall include, but not be limited\nto, photos, notarized statements, letters addressed to the program, bank\nstatements, and utility bills. If a cadet corps program qualifies as a\nlegacy cadet corps program, the urban development corporation shall\ndesignate them as such and immediately begin to enter into a separate\nagreement with such program.\n