Bill Text: NY A09418 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes SUNY trustees to lease the historic windmill on the Stonybrook campus to the town of Southampton for the purpose of rehabilitating and restoring such windmill; provides that such lease shall be executed within five years of the effective date of this act; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-14 - referred to higher education [A09418 Detail]
Download: New_York-2023-A09418-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9418 IN ASSEMBLY March 14, 2024 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Higher Education AN ACT authorizing the lease of certain lands located at the State University of New York at Stony Brook The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that a historic 2 windmill is located on the Southampton campus of the state university of 3 New York at Stony Brook ("Stony Brook"). 4 The Windmill was constructed in 1714 and has been at its current 5 location in Shinnecock Hills since 1888, when it was saved from 6 destruction from its location in the Village of Southampton by Janet 7 Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet 8 Hoyt, together with Samuel Parrish, founded the Summer School of Art. It 9 is the only windmill of three in Southampton Village that survived. It 10 has been in its current location for 136 years. 11 In the summer of 1957, Tennessee Williams resided there when he wrote 12 the play "The Day on Which a Man Dies" about the death of his friend 13 Jackson Pollock. The Library Association of America officially desig- 14 nated the Windmill, at its current location, as a literary landmark in 15 2013. 16 In 1963, when Long Island University established Southampton College, 17 the Windmill became the symbol of the new campus. The Windmill is 18 beloved by thousands of former students, faculty, and administrators who 19 rightly associate it with the very identity of the school. The College 20 newspaper was aptly named "The Windmill". The Windmill has been on 21 everything related to the college including sports uniforms, yearbooks, 22 apparel, and assorted memorabilia. 23 In 2006, Stony Brook University acquired the campus and has continued 24 the legacy of providing quality education to the residents of eastern 25 Long Island. In 2009, Stony Brook led the effort to rehabilitate the 26 Windmill. The Windmill and the adjacent water view quad have been in 27 continuous use hosting innumerable events, readings, receptions, orien- 28 tations, celebrations, workshops, and fundraising dinners. The annual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14762-01-4A. 9418 2 1 Windmill Lighting during the holiday season continues to be an East End 2 tradition. 3 The current president of Stony Brook University recently stated that 4 "the Stony Brook University campus community is proud to be the caretak- 5 er of the Windmill, a cherished historical icon that has existed in its 6 current location for over a century". 7 However, in recent years, the Windmill has fallen into disrepair due 8 to lack of maintenance and was condemned by the New York State fire 9 marshal in 2023. It is imperative that this historic structure be reha- 10 bilitated and restored so that it can continue to be the "cherished 11 historical icon" and symbol of the Southampton campus. 12 The legislature further finds that the best alternative to secure the 13 future of the Windmill is through a partnership with the town of South- 14 ampton by providing funds for the rehabilitation and restoration of the 15 Windmill through the town community preservation fund. To accomplish 16 this partnership the legislature further finds that granting the trus- 17 tees of the State University of New York ("trustees") the authority and 18 power to lease and otherwise contract with the Town of Southampton to 19 make available certain grounds and facilities of Stony Brook's campus 20 will best affect this partnership for the benefit of Stony Brook, the 21 surrounding community, and the general public. 22 § 2. Notwithstanding any other law to the contrary, the state univer- 23 sity trustees are hereby authorized and empowered, without any public 24 bidding, to lease and otherwise contract to make available to the town 25 of Southampton, a municipal corporation (the "ground lessee"), a portion 26 of the lands of the university on its Southampton campus, generally 27 described in this act for the purpose of rehabilitating and restoring 28 the historic Windmill located on such campus. Such lease or contract 29 shall be for a period not exceeding 100 years without any fee simple 30 conveyance and otherwise upon terms and conditions determined by such 31 trustees, subject to the approval of the director of the division of the 32 budget, the attorney general and the state comptroller. If the real 33 property that is the subject of such lease or contract shall cease to be 34 used for the purpose described in this act, such lease or contract shall 35 immediately terminate, and the real property and any improvements there- 36 on shall revert to the state university of New York. Any lease or 37 contract entered into pursuant to this act shall provide that the real 38 property that is the subject of such lease or contract and any improve- 39 ments thereon shall revert to the state university of New York on the 40 expiration of such contract or lease. 41 § 3. Any contract or lease entered into pursuant to this act shall be 42 deemed to be a state contract for purposes of article 15-A of the execu- 43 tive law, and any contractor, subcontractor, lessee or sublessee enter- 44 ing into such contract or lease for the construction, demolition, recon- 45 struction, excavation, rehabilitation, repair, renovation, alteration or 46 improvement authorized pursuant to this act shall be deemed a state 47 agency for the purposes of article 15-A of the executive law and subject 48 to the provisions of such article. 49 § 4. Notwithstanding any general, special or local law or judicial 50 decision to the contrary, all work performed on a project authorized by 51 this act where all or any portion thereof involves a lease or agreement 52 for construction, demolition, reconstruction, excavation, rehabili- 53 tation, repair, renovation, alteration or improvement shall be subject 54 to and performed in accordance with the provisions of article 8 of the 55 labor law to the same extent and in the same manner as a contract of the 56 state.A. 9418 3 1 § 5. Without limiting the determination of the terms and conditions of 2 such contracts or leases, such terms and conditions may provide for 3 leasing, subleasing, construction, reconstruction, rehabilitation, 4 improvement, operation and management of and provision of services and 5 assistance and the granting of licenses, easements and other arrange- 6 ments with regard to such grounds and facilities by the ground lessee, 7 and parties contracting with the ground lessee, and in connection with 8 such activities, the obtaining of funding or financing, whether public 9 or private, unsecured or secured, including, but not limited to, secured 10 by leasehold mortgages and assignments of rents and leases, by the 11 ground lessee and parties contracting with the ground lessee for the 12 purposes of completing the project described in this act. 13 § 6. Such lease shall include an indemnity provision whereby the 14 lessee or sublessee promises to indemnify, hold harmless and defend the 15 lessor against all claims, suits, actions, and liability to all persons 16 on the leased premises, including tenant, tenant's agents, contractors, 17 subcontractors, employees, customers, guests, licensees, invitees and 18 members of the public, for damage to any such person's property, whether 19 real or personal, or for personal injuries arising out of tenant's use 20 or occupation of the demised premises. 21 § 7. Any contracts entered into pursuant to this act between the 22 ground lessee and parties contracting with the ground lessee shall be 23 awarded by a competitive process. 24 § 8. The property authorized by this act to be leased to the ground 25 lessee is generally described as not more than 5 acres of land situated 26 on the Southampton campus of the state university of New York at Stony 27 Brook, which shall include the lands on which the Windmill is located 28 subject to all existing easements and restrictions of record. 29 § 9. The state university of New York shall not lease lands described 30 in this act unless any such lease shall be executed within 5 years of 31 the effective date of this act. 32 § 10. Insofar as the provisions of this act are inconsistent with the 33 provisions of any law, general, special or local, the provisions of this 34 act shall be controlling. 35 § 11. This act shall take effect immediately.
