NY Educ L § 361 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 8 - State University and State Financial Assistance for Higher Education 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.