2023 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.