LBD15459-01-4
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sity of New York on the expiration of such contract or lease. Any and
all proceeds related to the leases authorized by this act shall be used
for the benefit of the Stony Brook campus and the allocation of such
proceeds shall be subject to approval by the Trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state, and compliance with all the provisions of article 8 of the labor
law shall be required of any lessee, sublessee, contractor or subcon-
tractor on the project, including the enforcement of prevailing wage
requirements by the fiscal officer as defined in paragraph e of subdivi-
sion 5 of section 220 of the labor law to the same extent as a contract
of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out for the instruction
or any pedagogical functions or services, or any administrative
services, and similar professional services currently being performed by
state employees. All such functions and services shall be performed by
state employees pursuant to the civil service law. Nothing in this act
shall result in the displacement of any currently employed state worker
or the loss of position (including partial displacement such as
reduction in the hours of non-overtime, wages or employment benefits),
or result in the impairment of existing contracts for services or
collective bargaining rights pursuant to existing agreements. All posi-
tions currently at the state university of New York in the unclassified
service of the civil service law shall remain in the unclassified
service. No services or work on the property described in this act
currently performed by public employees or future work that is similar
in scope and nature to the work being currently performed by public
employees shall be contracted out or privatized by the state university
of New York or by an affiliated entity or associated entity of the state
university of New York. All such future work shall be performed by
public employees.
§ 6. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased as described in section twelve of this act that involves
the design, construction, reconstruction, demolition, excavating, reha-
bilitation, repair, renovation, alteration or improvement of such prop-
erty.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
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negotiated agreement with the labor organization can perform project
work.
§ 7. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary: (a) A contractor awarded a
contract, subcontract, lease, grant, bond, covenant or other agreement
for a project to enter into a project labor agreement during and for the
work involved with such project when such requirement is part of the
ground lessee's request for proposals for the project and when the state
university of New York at Stony Brook determines that the record
supporting the decision to enter into such an agreement establishes that
the interests underlying the competitive bidding laws are best met by
requiring a project labor agreement including obtaining the best work at
the lowest possible price; preventing favoritism, fraud and corruption;
the impact of delay; the possibility of cost savings; and any local
history of labor unrest.
(b) If the state university of New York at Stony Brook does not
require a project labor agreement, then any contractor, subcontractor,
lease, grant, bond, covenant or other agreements for a project shall be
awarded pursuant to section 135 of the state finance law.
§ 8. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law; all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 9. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 10. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 11. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 12. The property authorized by this act to be leased to the ground
lessee is generally described as approximately 11.4972 acres of land
situated on the campus of the state university of New York at Stony
Brook within the town of Brookhaven, county of Suffolk, state of New
York more particularly described as follows:
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Beginning at a point on the southerly sideline of section 211, block
6, lot 9, now or formerly belonging to the MTA-LIRR, the said point
being distant 1135.50 feet on a bearing of south 86 degrees 01 minutes
07 seconds west from the intersection of the said LIRR sideline with the
westerly sideline of Tuckahoe road (50 feet wide), and running from the
said point of beginning; thence
Running through section 211, block 1, lot 1 the following nine (9)
courses:
(1) south 00 degrees 15 minutes 03 seconds east for a distance of
456.85 feet; thence
(2) south 85 degrees 52 minutes 00 seconds west, a distance of 97.30
feet to a point of curvature; thence
(3) on a curve to the left having a radius of 100.00 feet, a central
angle of 19 degrees 15 minutes 58 seconds and an arc length of 33.63
feet to a point of reverse curvature; thence
(4) on a curve to the right having a radius of 100.00 feet, a central
angle of 17 degrees 48 minutes 58 seconds and an arc length of 31.09
feet to a point of tangency; thence
(5) south 84 degrees 25 minutes 00 seconds west, a distance of 105.00
feet to a point of curvature; thence
(6) on a curve to the left having a radius of 65.00 feet, a central
angle of 73 degrees 17 minutes 00 seconds and an arc length of 83.14
feet to a point of tangency; thence
(7) south 11 degrees 08 minutes 00 seconds west, a distance of 54.50
feet; thence
(8) south 31 degrees 46 minutes 02 seconds west, being radial to the
following course, a distance of 48.50 feet; thence
(9) on a curve to the left having a radius of 125.00 feet, a central
angle of 39 degrees 49 minutes 32 seconds, and an arc length of 86.89
feet to a point of tangency; thence
(10) continuing through said lot 1, passing through section 210, block
2, lot 26 and then crossing into section 210, block 2, lot 25, south 81
degrees 56 minutes 30 seconds west, a distance of 326.00 feet to a point
of curvature; thence
(11) continuing through said lot 25, on a curve to the left having a
radius of 100.00 feet, a central angle of 43 degrees 59 minutes 00
seconds, and an arc length of 76.77 feet to a point of tangency; thence
(12) continuing through said lot 25 and crossing back into aforemen-
tioned lot 26, south 37 degrees 57 minutes 30 seconds west, a distance
of 250.00 feet; thence
(13) continuing through said lot 26, south 59 degrees 26 minutes 00
seconds west, a distance of 32.50 feet; thence
(14) continuing through said lot 26 and crossing back into aforemen-
tioned lot 25, north 30 degrees 34 minutes 00 seconds west, a distance
of 126.00 feet to a point of curvature; thence
(15) continuing through said lot 25, on a curve to the left having a
radius of 65.00 feet, a central angle of 48 degrees 54 minutes 30
seconds, and an arc length of 55.48 feet to a point of tangency; thence
(16) continuing through the same, north 79 degrees 28 minutes 30
seconds west, a distance of 92.22 feet; thence
(17) along the dividing line of said lot 25 to the east with section
210, block 2, lot 11.3 to the west, north 17 degrees 43 minutes 47
seconds east, a distance of 160.35 feet; thence
(18) along the dividing line of said lot 25 to the southeast with
section 210, block 2, lots 11.3, 11.4 and 11.5 to the northwest, north
55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence
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(19) along the dividing line of aforementioned lot 1 to the southeast
with said lot 11.5 to the northwest, north 55 degrees 51 minutes 07
seconds east, a distance of 315.93 feet; thence
(20) along same, north 24 degrees 08 minutes 33 seconds west, a
distance of 155.67 feet; thence
(21) along the dividing line of said lot 1 to the south with aforemen-
tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds east,
a distance of 593.70 feet to the point and place of Beginning.
The above-described lease area contains 500,818 square feet or 11.4972
acres of land.
The above-described development area was written in accordance with a
map entitled, "Property Sketch, Proposed Southampton Development Area,
Stony Brook University, part of section 210, block 2, lots 25 & 26, and
part of section 211, block 1, lot 1, town of Southampton, county of
Suffolk, state of New York" prepared by Gallas Surveying Group, dated
March 12, 2024, revised March 18, 2024.
§ 13. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 14. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 15. This act shall take effect immediately.