N.Y. Urban Development Corporation Act 174/68 § 39: Lease and operation of seventh regiment armory

§ 39. Lease and operation of seventh regiment armory. (a) The

corporation is hereby authorized to act on behalf of the state and the

division of military and naval affairs to enter into a lease or

subsequent leases and the management agreement on behalf of the state

and the division with a lessee, subsequent lessee or the manager

pursuant to the terms of the management agreement in order to accomplish

the purposes of this section. The leasing of the armory to a lessee or

subsequent lessee and the entrance into the management agreement and the

repair, restoration and refurbishment of the armory and operation

thereof by a lessee or subsequent lessee for cultural and other civic

uses pursuant to the lease is hereby declared to be a valid use under

the city lease, and is undertaken for public purposes.

(b) The lease with a lessee or subsequent lessee authorized by this

section shall require a lessee or subsequent lessee to undertake a

program of repair, restoration and refurbishment of the armory and to

manage and use the same as a facility for cultural and other civic uses.

The lease shall demise all portions of the armory other than those

reserved for a homeless shelter for women operated by the city of New

York pursuant to agreement with the state, those spaces reserved for use

by a legacy cadet corps program pursuant to an agreement between the

division and the state of New York, and for that reserved for military

use by the division. The portion of the premises allocated to the

shelter for homeless women shall be sufficient and suitable space for

the current and uninterrupted operation of the shelter by the city of

New York. The portion of the premises allocated to a legacy cadet corps

program shall be sufficient and suitable space for the current and

uninterrupted operation, provided that it is no less than twelve hundred

square feet for their headquarters. The division shall cause the 107th

corps support group or its lineal descendent to maintain military use

within the reserved portions of the armory. The division, and the city

of New York, respectively, shall be responsible to repair and maintain

their reserved premises, including the costs of renovation and

uninterrupted use, and to pay an annual common maintenance charge to a

lessee or subsequent lessee to cover allocated costs of repair,

maintenance and operation of the common portions of the armory. The

lessee or subsequent lessee shall be required to apply all revenues

generated by operations at the armory to pay or provide for costs of

repairs, restoration, refurbishment, operating, maintenance and

programming of the armory and the uses therein and the activities of the

lessee or subsequent lessee with respect thereto.

(c) The corporation, in carrying out its authorization under this

section may exercise all of the power granted it in law, as if fully

enumerated herein. Without limiting the generality of the foregoing, the

powers granted to the corporation under sections sixteen and twenty-two

of this act shall be utilized by the corporation in its administration

of the lease, and shall be applicable in respect to the repair,

restoration, refurbishment and operation of the armory pursuant to the

lease.

(d) In no event shall the lessee or subsequent lessee be deemed a

state actor or an agent or an instrumentality of the state by reason of

the lease or this section or any of the activities of the lessee or

subsequent lessee with respect to the armory pursuant to the lease or

this section.

(e) Except with respect to military use or periods of civil or

military emergency, for any action involving the armory that may have a

significant effect on the environment, the corporation shall be the lead

agency having principal responsibility for carrying out or approving

such action for purposes of article eight of the environmental

conservation law.