Bill Text: NY S07443 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the state university of New York to lease a portion of the lands on the campus of SUNY Buffalo State University for the relocation and operation of the Leonardo da Vinci High School; relates to the computation of building aid for the renovation and equipping of the Leonardo da Vinci high school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-25 - SIGNED CHAP.603 [S07443 Detail]
Download: New_York-2023-S07443-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7443--A 2023-2024 Regular Sessions IN SENATE May 26, 2023 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing the state university of New York to lease a portion of the lands on the campus of SUNY Buffalo State University for the relocation and operation of the Leonardo da Vinci High School; and to amend the education law, in relation to the computation of building aid for the renovation and equipping of the Leonardo da Vinci high school 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 the state 2 university of New York at Buffalo State ("SUNY Buffalo State Universi- 3 ty") seeks to lease Buckham Hall building number 32 and surrounding land 4 on the north and west sides on SUNY Buffalo State University's campus to 5 the Buckham Development Corporation for the purpose of enabling the 6 Buckham Development Corporation to lease such grounds and facility to 7 the city school district of the city of Buffalo for the purpose of relo- 8 cating such district's Leonardo da Vinci High School program. 9 The legislature further finds that such an arrangement will afford the 10 city school district of the city of Buffalo the ability to renovate 11 Buckham Hall for use by Leonardo da Vinci High School thereby providing 12 approximately 400 grade 9-12 city school district pupils access to 13 college level courses and a campus-based experience, and potentially 14 increasing future SUNY Buffalo State University enrollment, while creat- 15 ing opportunities for partnership and enrichment between the city school 16 district of the city of Buffalo and SUNY Buffalo State University. 17 Finally, the legislature finds that granting the trustees of the state 18 university of New York the authority and power to lease and otherwise 19 contract to make available the aforementioned grounds and facility on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11635-03-3S. 7443--A 2 1 the campus of the SUNY Buffalo State University for these purposes will 2 promote the provision of educational opportunities for the University 3 and the surrounding community. 4 § 2. Notwithstanding any other law to the contrary, the state univer- 5 sity of New York trustees are authorized and empowered, without any 6 public bidding, to lease and otherwise contract to make available to 7 Buckham Development Corporation, a not-for-profit corporation (the 8 "ground lessee"), a portion of the lands of the university generally 9 described in section four of this act for the purpose of authorizing the 10 city school district of the city of Buffalo to relocate and develop, 11 construct, maintain and operate Leonardo da Vinci High School for the 12 city school district's students. Such lease or contract between SUNY 13 Buffalo State University and the Buckham Development Corporation shall 14 be for a period not exceeding 37 years without any fee simple conveyance 15 and otherwise upon terms and conditions determined by such trustees, 16 subject to the approval of the director of the division of the budget, 17 the attorney general and the state comptroller. In the event that the 18 real property that is the subject of such lease or contract shall cease 19 to be used for the purpose described in this act, such lease or contract 20 shall immediately terminate and the real property and any improvements 21 thereon shall revert to the state university of New York. Any lease or 22 contract entered into pursuant to this act shall provide that the real 23 property that is the subject of such lease or contract and any improve- 24 ments thereon shall revert to the state university of New York on the 25 expiration of such contract or lease. Such contract or lease shall be 26 deemed to be a state contract for purposes of article 15-A of the execu- 27 tive law and shall include an indemnity provision whereby the lessee or 28 sublessee promises to indemnify, hold harmless and defend the lessor 29 against all claims, suits, actions, and liability to all persons on the 30 leased premises, including tenant, tenant's agents, contractors, subcon- 31 tractors, employees, customers, guests, licensees, invitees and members 32 of the public, for damage to any such person's property, whether real or 33 personal, or for personal injuries arising out of tenant's use or occu- 34 pation of the demised premises. 35 § 3. It is expressly found that the relocation to the SUNY Buffalo 36 State University campus and operation of the Leonardo da Vinci High 37 School may be authorized by the board of education of the city school 38 district of the city of Buffalo pursuant to the laws, rules and regu- 39 lations which are applicable to a public high school unless otherwise 40 provided for in this act. The high school shall be subject to the over- 41 sight of the board of regents and the program shall be audited in a 42 manner consistent with provisions of law and regulations that are appli- 43 cable to other public schools. The board of education of the city school 44 district of the city of Buffalo shall have the responsibility for the 45 operation, supervision and maintenance of the high school and shall be 46 responsible for the administration of the high school, including curric- 47 ulum, grading, discipline and staffing. 48 § 4. Notwithstanding any other provision of law to the contrary, the 49 board of education of the city school district of the city of Buffalo 50 shall develop a comprehensive plan outlining the project. Such plan 51 shall include: an estimate of the total project cost, including esti- 52 mates on the design, reconstruction and rehabilitation costs and any 53 administrative costs for the project, attestation that the district has 54 sufficient reserves to cover such costs and an outline of the time-frame 55 expected for completion of the project.S. 7443--A 3 1 § 5. The city school district of the city of Buffalo shall submit 2 estimated project costs for the renovation and equipping of the Leonardo 3 da Vinci High School after completion of schematic plans and specifica- 4 tions for review by the commissioner of education. If the total project 5 costs associated with such project exceeds the approved cost allowance 6 of such building project and the city school district has not otherwise 7 demonstrated to the satisfaction of the New York state education depart- 8 ment the availability of additional reserves for such excess costs, then 9 the district shall not proceed with the preparation of final plans and 10 specifications for such project until the project has been redesigned or 11 value-engineered to reduce estimated project costs so as not to exceed 12 the above cost limits. 13 § 6. The property authorized by this act to be leased to Buckham 14 Development Corporation is generally described as Buckham Hall and is 15 located on the Buffalo State University Campus, 1300 Elmwood Avenue, in 16 Buffalo, New York. The building was built in 1966 and is situated on the 17 west end of campus at the north-east corner of the intersection of Rees 18 St. and Rockwell Rd. Buckham Hall is 203,437 gsf, constructed of steel 19 skeleton and masonry walls, and originally designed as a K-8 public 20 school. The building is comprised of five wings with breezeways separat- 21 ing four wings from the center wing: A-wing (center) 3 stories; B-wing, 22 2 stories; C-wing, 1 story; D-wing, 2 stories; and E-wing, 1 story. The 23 main entrance is in the lobby between the A and E-wings facing Rees St. 24 with a front lawn, concrete plaza entrance, and sidewalk along Rees St. 25 The north side is lawn with sidewalks leading from building exits north 26 to Bengal Walk, an east-west main pedestrian campus walkway. All that 27 certain plot, piece or parcel of land, situate, lying and being more 28 particularly bounded and described as follows: 29 BEGINNING at the southeasterly brick building corner of a building 30 known as Buckham Hall Area "D"; 31 THENCE north along the easterly brick face from the said southwesterly 32 building corner, a distance of one hundred sixty-five and two-tenths 33 feet, plus or minus (165.2) to a corner of said building; 34 THENCE continuing and intended to follow along the brick building face 35 of said Buckham Hall the following fifty (50) directions and distances; 36 1. THENCE West, a distance of one hundred seven and no tenths feet, 37 plus or minus (107.0) to a corner of said building; 38 2. South, a distance of one hundred twenty-five and two-tenths feet, 39 plus or minus (125.2) to a corner of said building; 40 3. West thirty-eight and six-tenths feet, plus or minus (38.6) to a 41 corner of said building face; 42 4. North, a distance of twenty-nine and seven-tenths feet, plus or 43 minus (29.7) to a corner of said building; 44 5. West, a distance of thirty-five and six-tenths feet, plus or minus 45 (35.6) to a corner of said building; 46 6. North, a distance of nine and no tenths feet, plus or minus (9.0) 47 to a corner of said building; 48 7. West, a distance of sixteen and three-tenths feet, plus or minus 49 (16.3) to a corner of said building; 50 8. South, a distance of nine and no tenths feet, plus or minus (9.0) 51 to a corner of said building; 52 9. West, a distance of seventy and no tenths feet, plus or minus 53 (70.0) to a corner of said building; 54 10. North, a distance of eighteen and five-tenths feet, plus or minus 55 (18.5) to a corner of said building;S. 7443--A 4 1 11. East, a distance of six and seven-tenths feet, plus or minus (6.7) 2 to a corner of said building; 3 12. North, a distance of one hundred forty-four and one-tenth feet, 4 plus or minus (144.1) to a corner of said building; 5 13. West, a distance of one hundred thirty-seven and three-tenths 6 feet, plus or minus (137.3) to a corner of said building; 7 14. South, a distance of one hundred forty-four feet and no tenths 8 feet, plus or minus (144.0) to a corner of said building; 9 15. East, a distance of sixty-five and nine-tenths feet, plus or minus 10 (65.9) to a corner of said building; 11 16. South, a distance of eighteen and five-tenths feet, plus or minus 12 (18.5) to a corner of said building; 13 17. West, a distance of six and no tenths feet, plus or minus (6.0) to 14 a corner of said building; 15 18. South, a distance of thirty-five and six-tenths feet, plus or 16 minus (35.6) to a corner of said building; 17 19. West, a distance of nine and no tenths feet, plus or minus (9.0) 18 to a corner of said building; 19 20. South, a distance of sixteen and four-tenths feet, plus or minus 20 (16.4) to a corner of said building; 21 21. East, a distance of eight and nine-tenths feet, plus or minus 22 (8.9) to a corner of said building; 23 22. South, a distance of ninety-three and six-tenths feet, plus or 24 minus (93.6) to a corner of said building; 25 23. West, a distance of eighteen and five-tenths feet, plus or minus 26 (18.5) to a corner of said building; 27 24. North, a distance of nine and nine-tenths feet, plus or minus 28 (9.9) to a corner of said building; 29 25. West, a distance of eighty-one and nine-tenths feet, plus or minus 30 (81.9) to a corner of said building; 31 26. South, a distance of one hundred forty-one and seven-tenths feet, 32 plus or minus (141.7) to a corner of said building; 33 27. East, a distance of eighty-two and no tenths feet, plus or minus 34 (82.0) to a corner of said building; 35 28. North, a distance of eighty-eight and five-tenths feet, plus or 36 minus (88.5) to a corner of said building; 37 29. East, a distance of eighteen and four-tenths feet, plus or minus 38 (18.4) to a corner of said building; 39 30. South, a distance of four and no tenths feet, plus or minus (4.0) 40 to a corner of said building; 41 31. East, a distance of thirty-five and eight-tenths feet, plus or 42 minus (35.8) to a corner of said building; 43 32. South, a distance of nine and no tenths feet, plus or minus (9.0) 44 to a corner of said building; 45 33. East, a distance of sixteen and three-tenths feet, plus or minus 46 (16.3) to a corner of said building; 47 34. North, a distance of nine and no tenths feet, plus or minus (9.0) 48 to a corner of said building; 49 35. East, a distance of ninety-nine and three-tenths feet, plus or 50 minus (99.3) to a corner of said building; 51 36. South, a distance of eighteen and four-tenths feet, plus or minus 52 (18.4) to a corner of said building; 53 37. West, a distance of seventeen and nine-tenths feet, plus or minus 54 (17.9) to a corner of said building; 55 38. South, a distance of one hundred two and nine-tenths feet, plus or 56 minus (102.9) to a corner of said building.S. 7443--A 5 1 39. East, a distance of eighty-nine and six-tenths feet, plus or minus 2 (89.6) to a corner of said building; 3 40. North, a distance of one hundred two and nine-tenths feet, plus or 4 minus (102.9) to a corner of said building; 5 41. West, a distance of thirty-seven and five-tenths feet, plus or 6 minus (37.5) to a corner of said building; 7 42. North, a distance of eighteen and four-tenths feet, plus or minus 8 (18.4) to a corner of said building; 9 43. East, a distance of seven and three-tenths feet, plus or minus 10 (7.3) to a corner of said building; 11 44. North, a distance of thirty-five and six-tenths feet, plus or 12 minus (35.6) to a corner of said building; 13 45. East, a distance of nine and no tenths feet, plus or minus (9.0) 14 to a corner of said building; 15 46. North, a distance of sixteen and five-tenths feet, plus or minus 16 (16.5) to a corner of said building; 17 47. West, a distance of nine and no tenths feet, plus or minus (9.0) 18 to a corner of said building; 19 48. North, a distance of eighty and four-tenths feet, plus or minus 20 (80.4) to a corner of said building; 21 49. East, a distance of thirty-eight and four-tenths feet, plus or 22 minus (38.4) to a corner of said building; 23 50. South, a distance of nine and five-tenths feet, plus or minus 24 (9.5) to a corner of said building; 25 THENCE continuing east along existing building face, a distance of one 26 hundred seven and no tenths feet, plus or minus (107.0) to the POINT of 27 BEGINNING. 28 Containing within said bounds 2.29 acres, more or less, and; 29 BEGINNING at the southwesterly brick building face corner of a build- 30 ing known as Buckham Hall Area "B"; 31 THENCE south from the said southwesterly building corner, along a line 32 drawn parallel to the westerly brick building face as extended in a 33 southerly direction, a distance of seventy-five and three-tenths feet, 34 plus or minus (75.3) to the existing curb line of the main parking lot 35 used for Buckham Hall; 36 THENCE west along said parking lot curb line, a distance of one 37 hundred five and five-tenths feet, plus or minus (105.5) to the existing 38 curb-line on the easterly side of Rees Street; 39 THENCE north along said curb line of Rees Street five hundred twelve 40 and seven-tenths feet, plus or minus (512.7); 41 THENCE east along a line drawn parallel with and ten feet (10.0) north 42 of the existing brick building known as Buckham Hall Area "E", a 43 distance of two hundred forty and nine-tenths feet, plus or minus 44 (240.9) to a point five and no tenths feet, plus or minus (5.0) east of 45 the easterly edge of an existing sidewalk; 46 THENCE south parallel with and five and no tenths, plus or minus (5.0) 47 east of the easterly edge of said sidewalk, a distance of seventy-seven 48 and four-tenths feet, plus or minus (77.4); 49 THENCE east at right angles, a distance of one hundred thirty-five and 50 two-tenths feet (135.2) to the northwesterly brick building corner of 51 Buckham Hall Area "D"; 52 THENCE intended to follow along the brick building face of said Buck- 53 ham Hall the following twenty-four (24) directions and distances; 54 1. South, a distance of one hundred twenty-five and two-tenths feet, 55 plus or minus (125.2) to a corner of said building;S. 7443--A 6 1 2. West thirty-eight and six-tenths feet, plus or minus (38.6) to a 2 corner of said building face; 3 3. North, a distance of twenty-nine and seven-tenths feet, plus or 4 minus (29.7) to a corner of said building; 5 4. West, a distance of thirty-five and six-tenths feet, plus or minus 6 (35.6) to a corner of said building; 7 5. North, a distance of nine and no tenths feet, plus or minus (9.0) 8 to a corner of said building; 9 6. West, a distance of sixteen and three-tenths feet, plus or minus 10 (16.3) to a corner of said building; 11 7. South, a distance of nine and no tenths feet, plus or minus (9.0) 12 to a corner of said building; 13 8. West, a distance of seventy and no tenths feet, plus or minus 14 (70.0) to a corner of said building; 15 9. North, a distance of eighteen and five-tenths feet, plus or minus 16 (18.5) to a corner of said building; 17 10. East, a distance of six and seven-tenths feet, plus or minus (6.7) 18 to a corner of said building; 19 11. North, a distance of one hundred forty-four and one-tenth feet, 20 plus or minus (144.1) to a corner of said building; 21 12. West, a distance of one hundred thirty-seven and three-tenths 22 feet, plus or minus (137.3) to a corner of said building; 23 13. South, a distance of one hundred forty-four and no tenths feet, 24 plus or minus (144.0) to a corner of said building; 25 14. East, a distance of sixty-five and nine-tenths feet, plus or minus 26 (65.9) to a corner of said building; 27 15. South, a distance of eighteen and five-tenths feet, plus or minus 28 (18.5) to a corner of said building; 29 16. West, a distance of six and no tenths feet, plus or minus (6.0) to 30 a corner of said building; 31 17. South, a distance of thirty-five and six-tenths feet, plus or 32 minus (35.6) to a corner of said building; 33 18. West, a distance of nine and no tenths feet, plus or minus (9.0) 34 to a corner of said building; 35 19. South, a distance of sixteen and four-tenths feet, plus or minus 36 (16.4) to a corner of said building; 37 20. East, a distance of eight and nine-tenths feet, plus or minus 38 (8.9) to a corner of said building; 39 21. South, a distance of ninety-three and six-tenths feet, plus or 40 minus (93.6) to a corner of said building; 41 22. West, a distance of eighteen and five-tenths feet, plus or minus 42 (18.5) to a corner of said building; 43 23. North, a distance of nine and nine-tenths feet, plus or minus 44 (9.9) to a corner of said building; 45 24. West, a distance of eighty-one and nine-tenths, plus or minus 46 (81.9) to a corner of said building; 47 THENCE South along the westerly wall of said Buckham Hall, Area "B", a 48 distance of one hundred forty-one and seven-tenths feet, plus or minus 49 (141.7) to the POINT of BEGINNING. 50 Containing within said bounds 1.78 acres, more or less, and; 51 BEGINNING at the southeasterly brick building corner of a building 52 known as Buckham Hall Area "D"; 53 THENCE north along the easterly brick face from the said southwesterly 54 building corner, a distance of one hundred sixty-five and two-tenths 55 feet, plus or minus (165.2) to a corner of said building;S. 7443--A 7 1 THENCE West, a distance of one hundred seven and no tenths feet, plus 2 or minus (107.0) to a corner of said building; 3 THENCE continuing west, a distance of one hundred thirty-five and 4 two-tenths feet, more or less (135.2) to a point distant five and no 5 tenths feet (5.0) east of the easterly edge of the existing sidewalk; 6 THENCE north at right angles parallel with and five feet (5.0) east of 7 said easterly line of an existing concrete sidewalk, a distance of 8 seventy-seven and four-tenths feet (77.4) to a point distant ten feet 9 (10.0) north of the northerly brick building face of Buckham Hall Area 10 "E"; 11 THENCE east parallel with and ten feet (10.0) north of said northerly 12 building face, a distance of two hundred fifty-six and eight-tenths 13 feet, plus or minus (256.8) to a point distant five feet (5.0) southwest 14 from the southwesterly edge of the existing concrete sidewalk; 15 THENCE southeast parallel with and five feet (5.0) southwest of said 16 edge walk, a distance of forty-two and six-tenths, plus or minus feet 17 (42.6) to the westerly edge of said existing concrete walk; 18 THENCE south parallel with and five feet (5.0) west of said westerly 19 edge walk, a distance of two hundred thirteen and one-tenths feet, plus 20 or minus (213.1); 21 THENCE West at right angles, a distance of forty-five and four-tenths 22 feet, plus or minus (45.4) to the POINT of BEGINNING. 23 Containing within said bounds .67 acres, more or less. 24 § 7. Nothing in this act shall result in the displacement of any 25 currently employed state worker or the loss of position (including 26 partial displacement such as reduction in the hours of non-over- 27 time, wages or employment benefits), or result in the impairment of 28 existing contracts for services or collective bargaining rights pursu- 29 ant to existing agreements. 30 § 8. Paragraph a of subdivision 6 of section 3602 of the education law 31 is amended by adding a new subparagraph 10 to read as follows: 32 (10) Notwithstanding any other provision of law to the contrary, for 33 the purpose of computation of building aid for the renovation and equip- 34 ping of the Leonardo da Vinci high school authorized for operation by 35 the city school district of the city of Buffalo the building aid units 36 assigned to this project shall reflect a building aid enrollment of four 37 hundred twenty students. 38 § 9. Insofar as the provisions of this act are inconsistent with the 39 provisions of any law, general, special or local, the provisions of this 40 act shall be controlling. 41 § 10. This act shall take effect immediately.
