§ 361. START-UP NY program leases. 1. Any lease or contract between a
state university campus, city university campus or community college as
defined in section four hundred thirty-one of the economic development
law and a business for the use of vacant land or vacant space owned or
leased by such state university campus, community college or city
university campus in a tax-free NY area approved pursuant to article
twenty-one of the economic development law shall provide:

(a) The term of the lease or contract.

(b) A requirement that any contract to which a campus or college is a
party, and any contract entered into by a third party acting in place
of, on behalf of and for the benefit of the campus or college therein
pursuant to any lease, permit or other agreement between such third
party and the campus or college for the use of vacant land or vacant
space owned or leased by the state university campus, community college
or city university campus for the construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration
or improvement of a project shall be subject to all of the provisions of
article eight of the labor law, including the enforcement of prevailing
wage requirements by the fiscal officer as defined in paragraph e of
subdivision five of section two hundred twenty of the labor law to the
same extent as a contract of the state, and shall be deemed a public
work for purposes of such article.

(c) Whenever a party to any lease or contract for projects authorized
pursuant to this section on lands leased or owned by the city university
of New York, enters into a contract under which employees are employed
to perform building service work, as that term is defined in section two
hundred thirty of the labor law, such work shall be subject to article
nine of the labor law to the same extent as building service work
performed pursuant to a contract with a public agency.

(d) A requirement that for the purposes of article fifteen-A of the
executive law, any individual, public corporation or authority, private
corporation, limited liability company or partnership or other entity
entering into a contract, subcontract, lease, grant, bond, covenant or
other agreement for a project undertaken by a business authorized
pursuant to article twenty-one of the economic development law shall be
deemed a state agency as that term is defined in such article and such
contracts shall be deemed state contracts within the meaning of that
term as set forth in such article, except that this paragraph shall not
apply to any lease or contract entered into by a community college of
the state university of New York or city university of New York.

(e) The metes and bounds or other applicable description that can be
easily identified, shared and verified by an independent third party of
the vacant land or vacant space subject to the contract or lease.

(f) A requirement that any lease, contract or other agreement 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.

(g) A requirement that upon the expiration of the lease or agreement
covering property owned by the campus or college the demised premises
and any improvements thereon shall revert to the campus or college,
unless the lease is renewed.

(h) A requirement that in the event the demised premises shall cease
to be used for the purposes described in the lease or contract covering
property owned by the campus or college, the lease or contract shall
terminate on the thirtieth day after notice of such termination is
mailed to the business, the demised premises and any improvements
thereon shall revert to the campus or college.

(i) A requirement that any and all proceeds relating to the lease or
contract shall be allocated by the board of trustees to the campus or
college for which such contract or lease applies, deposited in the
general fund of such campus or college, and used for purposes including
but not limited to student financial aid for students who are eligible
to receive a tuition assistance award or supplemental tuition assistance
pursuant to section six hundred sixty-seven or six hundred sixty-seven-a
of the education law and to support additional full-time faculty
positions.

2. For the purposes of this section and for the purposes of any lease
or contract authorized pursuant to this section: "project" shall mean
capital improvement work on real property under the jurisdiction of the
campus or college to be subject to any lease, transfer or conveyance,
other than conveyance of title. Such capital improvement work shall
include the design, construction, reconstruction, demolition,
excavation, rehabilitation, repair, renovation, alteration or
improvement of real property under the jurisdiction of the campus or
college.

3. A party to any lease or contract authorized pursuant to this
section 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 pursuant to section two hundred twenty-two of
the labor law during and for the work involved with such project when
such requirement is part of such party's request for proposals for the
project and when the party 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.