N.Y. Education Law § 361: START-UP NY program leases

§ 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.