§ 39 — Lease and operation of seventh regiment armory

§ 39. Lease and operation of seventh regiment armory. (a) The\ncorporation is hereby authorized to act on behalf of the state and the\ndivision of military and naval affairs to enter into a lease or\nsubsequent leases and the management agreement on behalf of the state\nand the division with a lessee, subsequent lessee or the manager\npursuant to the terms of the management agreement in order to accomplish\nthe purposes of this section. The leasing of the armory to a lessee or\nsubsequent lessee and the entrance into the management agreement and the\nrepair, restoration and refurbishment of the armory and operation\nthereof by a lessee or subsequent lessee for cultural and other civic\nuses pursuant to the lease is hereby declared to be a valid use under\nthe city lease, and is undertaken for public purposes.\n (b) The lease with a lessee or subsequent lessee authorized by this\nsection shall require a lessee or subsequent lessee to undertake a\nprogram of repair, restoration and refurbishment of the armory and to\nmanage and use the same as a facility for cultural and other civic uses.\nThe lease shall demise all portions of the armory other than those\nreserved for a homeless shelter for women operated by the city of New\nYork pursuant to agreement with the state, those spaces reserved for use\nby a legacy cadet corps program pursuant to an agreement between the\ndivision and the state of New York, and for that reserved for military\nuse by the division. The portion of the premises allocated to the\nshelter for homeless women shall be sufficient and suitable space for\nthe current and uninterrupted operation of the shelter by the city of\nNew York. The portion of the premises allocated to a legacy cadet corps\nprogram shall be sufficient and suitable space for the current and\nuninterrupted operation, provided that it is no less than twelve hundred\nsquare feet for their headquarters. The division shall cause the 107th\ncorps support group or its lineal descendent to maintain military use\nwithin the reserved portions of the armory. The division, and the city\nof New York, respectively, shall be responsible to repair and maintain\ntheir reserved premises, including the costs of renovation and\nuninterrupted use, and to pay an annual common maintenance charge to a\nlessee or subsequent lessee to cover allocated costs of repair,\nmaintenance and operation of the common portions of the armory. The\nlessee or subsequent lessee shall be required to apply all revenues\ngenerated by operations at the armory to pay or provide for costs of\nrepairs, restoration, refurbishment, operating, maintenance and\nprogramming of the armory and the uses therein and the activities of the\nlessee or subsequent lessee with respect thereto.\n (c) The corporation, in carrying out its authorization under this\nsection may exercise all of the power granted it in law, as if fully\nenumerated herein. Without limiting the generality of the foregoing, the\npowers granted to the corporation under sections sixteen and twenty-two\nof this act shall be utilized by the corporation in its administration\nof the lease, and shall be applicable in respect to the repair,\nrestoration, refurbishment and operation of the armory pursuant to the\nlease.\n (d) In no event shall the lessee or subsequent lessee be deemed a\nstate actor or an agent or an instrumentality of the state by reason of\nthe lease or this section or any of the activities of the lessee or\nsubsequent lessee with respect to the armory pursuant to the lease or\nthis section.\n (e) Except with respect to military use or periods of civil or\nmilitary emergency, for any action involving the armory that may have a\nsignificant effect on the environment, the corporation shall be the lead\nagency having principal responsibility for carrying out or approving\nsuch action for purposes of article eight of the environmental\nconservation law.\n