S T A T E O F N E W Y O R K
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4688--A
Cal. No. 413
2019-2020 Regular Sessions
I N S E N A T E
March 20, 2019
___________
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT authorizing the commissioner of general services to transfer and
convey certain lands in the county of New York, city of New York, to
the urban development corporation; and providing for the repeal of
certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any inconsistent provision of law to the
contrary, the commissioner of general services is authorized to transfer
and convey to the urban development corporation the remaining right,
title, and interest of the people of the state of New York in the lands
and improvements located at 121 West 125th Street and further described
in section two of this act. The conveyance shall be made in consider-
ation of the sum of no less than one million dollars collected by the
state in connection with land transferred pursuant to this act, which
shall be deposited into the 125th Street Improvement Trust Fund, as
amended and as may be further amended, hereinafter referred to as the
"Fund", and shall be used for purposes outlined in the fund agreement
and projects located within the established geographic boundaries of the
Fund.
§ 2. The lands and improvements authorized by section one of this act
to be conveyed are generally described as follows:
Parcel 1
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10888-03-9
S. 4688--A 2
All that certain plot, piece or parcel of land, situate, lying and
being in the Borough of Manhattan, City, County and State of New York,
bounding and described as follows:
BEGINNING at a point on the northerly side of West 125th Street and
150 feet west of the point of intersection between the westerly side of
Lenox Avenue and the northerly side of West 125th Street;
(1) thence running westerly along the northerly side of West 125th
Street, 210 feet to a point;
(2) thence running in a northerly direction parallel to the Westerly
side of Lenox Avenue, 199 feet 10 inches to the southerly side of West
126th Street;
(3) thence running easterly along the southerly side of West 126th
Street 210 feet to a point;
(4) thence running in a southerly direction, parallel to the westerly
side of Lenox Avenue 199 feet, 10 inches to the point of beginning.
Parcel 2
All that certain volume of space which lies above a horizontal plane
(the "Limiting Plane") drawn at elevation 80.20 feet and intersecting
the vertical planes determined by the above-described boundaries of the
Premises; the elevation of the Limiting Plane being that in the System
known as the Borough Works Datum of the Borough of Manhattan which
designates as zero an elevation which is 2.75 feet above mean sea level
at Sandy Hook, New Jersey.
SUBJECT to that certain Easement Agreement and Declaration made by and
between the people of the state of New York, acting by and through the
commissioner of general services, and the New York state urban develop-
ment corporation, doing business as the empire state development corpo-
ration, dated December 13, 2002 and recorded July 10, 2003 as CRFN
2003000222170; and that certain Indenture made the 20th day of December,
1977 by The New York state urban development corporation and The city of
New York recorded on 12/23/77 in Reel 422 page 1084.
§ 3. The description in section two of this act is not intended to be
a legal description but is intended to identify the parcel to be
conveyed. As a condition of the purchase, the urban development corpo-
ration may submit to the commissioner of general services for her
approval an accurate survey and description of the lands to be conveyed,
which may be used in the conveyance thereof.
§ 4. The commissioner of general services shall not transfer or convey
the aforesaid lands and improvements unless an application is made by
the urban development corporation within one year of the effective date
of this act. Such application shall be in the form of a resolution
setting forth a comprehensive statement approved by the board of the
urban development corporation acknowledging and accepting the use
restrictions set forth in section five of this act. The commissioner of
general services and the president of the urban development corporation
are hereby empowered to effect the transfer and conveyance and do all
things necessary to carry out the purposes and provisions of this act.
§ 5. The aforesaid land and improvements shall be used and improved
for the purposes of, the National Urban League headquarters, including a
conference center, a civil rights museum, retail and office space,
approximately one hundred seventy units of affordable housing, which
solely for the purposes of this act, shall mean that one hundred percent
of the rental dwelling units in the building shall, upon initial rental
and upon each subsequent rental following a vacancy, be affordable to
S. 4688--A 3
and restricted to occupancy by individuals or families in accordance
with a plan developed and approved by the commissioner of New York state
division of homes and community renewal, and any accessory uses as
described in the general project plan prepared by the urban development
corporation in accordance with the urban development corporation act,
including any amendments or modifications thereto, provided that the
proportion of space allotted for retail and office purposes shall not
exceed the other required uses of such transferred land pursuant to this
act. Upon termination of a required use, the people of the state of New
York shall have the right to retake the title to such portion of the
land and improvements described herein that are not committed to such
required uses. In the event of such termination of any required use,
during the term of the conveyance instrument, between said corporation
and the entity or entities engaged to construct and maintain the
improvements, the urban development corporation shall, consistent with
the terms and conditions of the instrument of conveyance, provide writ-
ten notice to such entity or entities and provide such entity or enti-
ties a reasonable opportunity to cure; provided, however, and only with
respect to the National Urban League Headquarters and the civil rights
museum, the Urban Development Corporation is hereby authorized to
approve a comparable community or public use for such land and improve-
ments thereon. If the entity or entities fails or is unable to comply
with any demand to cure, pursuant to this act, in the manner and time
period specified under the terms of the lease or other conveyance
instrument, the urban development corporation shall provide written
notice to the commissioner of general services within one hundred eighty
days thereof, and the commissioner of general services shall request
that the attorney general institute an action in the supreme court for a
judgment declaring a revesting of such title in the people of the state
of New York to the portion of the land and improvements not in compli-
ance with the aforesaid use restrictions, or, in lieu of an action seek-
ing a judgment declaring a revesting of title as aforesaid, allow the
owner of the land and improvements not in compliance with the use
restriction, to purchase the reverter interest from the people of the
state of New York at the current fair market value of the non-compliant
portion of the land less the value of any improvements thereto as deter-
mined by independent certified appraisal or appraisals, and less any
proportionate consideration previously paid, as shall be defined in the
general project plan and lease.
§ 6. This act shall take effect immediately and the authority of the
commissioner of general services to transfer and convey the aforesaid
lands and improvements pursuant to this act shall expire two years after
such effective date.
