LBD15192-03-2
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will promote the provision of educational and athletic opportunities for
Farmingdale and the surrounding community.
§ 2. Notwithstanding any other law to the contrary, the state Univer-
sity Trustees are authorized and empowered, without any public bidding,
to lease and otherwise contract to make available to Farmingdale state
development corporation, a not-for-profit corporation (the "ground
lessee"), a portion of the lands of the university generally described
in this act for the purpose of developing, constructing, maintaining and
operating a multi-purpose athletic facility to support the provision of
athletic tournaments, camps, clinics and other opportunities for Farm-
ingdale students and local community residents. Such lease or contract
shall be for a period not exceeding 30 years without any fee simple
conveyance and otherwise upon terms and conditions determined by such
trustees, subject to the approval of the director of the division of the
budget, the attorney general and the state comptroller. In the event
that the real property that is the subject of such lease or contract
shall cease to be used for the purpose described in this act, such lease
or contract shall immediately terminate and the real property and any
improvements thereon shall revert to the state university of New York.
Any lease or contract entered into pursuant to this act shall provide
that the real property that is the subject of such lease or contract and
any improvements thereon shall revert to the state university of New
York on the expiration of such contract or lease.
§ 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 deemed
public work and 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 subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 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 to Farmingdale state
development corporation or any subsidiary for the instruction or any
pedagogical functions or services, or any administrative services, and
similar professional services currently being performed by state employ-
ees. All such functions and services shall be performed by state employ-
ees 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 positions currently at the
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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 enti-
ty 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 to Farmingdale state
development corporation as described in section twelve of this act that
involves the design, construction, reconstruction, demolition, exca-
vation, rehabilitation, repair, renovation, alteration or improvement of
Farmingdale state development corporation property.
(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-
negotiated agreement with the labor organization can perform project
work.
§ 7. 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.
§ 8. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
(a) Farmingdale state development corporation may require 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 Farmingdale state development corporation's request for
proposals for the project and when the Farmingdale state development
corporation 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 Farmingdale state development corporation 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.
§ 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 Farmingdale state
development corporation, and parties contracting with Farmingdale state
development corporation, and in connection with such activities, the
obtaining of funding or financing, whether public or private, unsecured
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or secured (including, but not limited to, secured by leasehold mort-
gages and assignments of rents and leases), by Farmingdale state devel-
opment corporation and parties contracting with Farmingdale state devel-
opment corporation 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 Farmingdale
state development corporation is generally described as that parcel of
real property with improvements thereon consisting of a total of 16
acres situated on the campus of the State University of New York at
Farmingdale. The description in this section of the parcel to be made
available pursuant to this act is not meant to be a legal description,
but is intended only to identify the parcel:
All that certain plot, piece or parcel of land, situate, lying and
being at Melville, Town of Huntington, County of Suffolk and State of
New York, being more particularly bounded and described as follows:
BEGINNING at a point at the southeast corner of the parcel about to be
described, said point also being the southwest corner of a parcel leased
from the people of the State of New York acting by and through the State
University of New York to Broad Hollow Bioscience Park, Inc., as
described in a Ground Lease document, dated June 17, 2011, said point
also being the following six (6) courses from the intersection formed by
the southerly line of a NYSDOT detention pond as shown on Acquisition
Map 289 T Parcel 324, with the westerly side of New York State Route
110;
RUNNING THENCE along said westerly side of New York State Route 110,
South 00 degrees 22 minutes 45 seconds East 573.44 feet;
THENCE through the lands now or formerly of the People of the State of
New York for the State University of New York at Farmingdale Campus the
remaining five (5) courses;
THENCE South 11 degrees 37 minutes 49 seconds West 211.11 feet to a
point of curvature;
THENCE along the arc of a tangent curve to the right, having a radius
390.49 feet and a length of 422.88 feet;
THENCE North 45 degrees 00 minutes 49 seconds West 964.56 feet to a
point of curvature;
THENCE along the arc of a tangent curve to the left, having a radius
462.83 feet and a length of 724.84 feet;
THENCE North 44 degrees 41 minutes 38 seconds West 60.00 feet to the
point of beginning;
THENCE continuing through said lands now or formerly of the People of
the State of New York for the State University of New York at Farming-
dale Campus the following nine (9) courses;
THENCE North 43 degrees 22 minutes 32 seconds West 196.74 feet;
THENCE North 37 degrees 41 minutes 34 seconds East 108.16 feet;
THENCE North 05 degrees 41 minutes 52 seconds West 104.55 feet;
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THENCE North 44 degrees 33 minutes 30 seconds West 388.99 feet;
THENCE North 57 degrees 50 minutes 07 seconds East 161.52 feet;
THENCE North 24 degrees 56 minutes 49 seconds East 812.41 feet, to the
southerly line of an electric easement to N/F Long Island Lighting
Company, as described in Liber 4239 pg. 474, dated November 16, 1956, on
file at the Suffolk County Clerk's Office, and shown on a survey known
as Map No. 3007 by A. J. Edwards & T.S. Prime, dated January 28, 1955;
THENCE along said southerly easement line, South 64 degrees 29 minutes
07 seconds East 598.00 feet, to a point on the westerly line of the
aforesaid leased parcel;
THENCE along said westerly line of the leased parcel, South 27 degrees
08 minutes 01 seconds West 1174.14 feet;
THENCE continuing along said westerly line of the leased parcel, South
45 degrees 18 minutes 22 seconds West 184.68 feet, to THE POINT OR PLACE
OF BEGINNING.
Containing: 15.396 acres, more or less. Subject to all existing ease-
ments and restrictions of record.
§ 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.