New York State Assembly

 
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A06865 Summary:

A06865 Actions:

A06865 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/06/2019AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Excused
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/07/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Excused
Hawley
Aye
Ortiz
Excused
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A06865 Floor Votes:

A06865 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6865--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 22, 2019
                                       ___________
 
        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee on Governmental Operations -- reference changed to  the  Committee
          on  Ways  and  Means  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT authorizing the commissioner of general services to transfer  and
          convey  certain  lands in the county of New York, city of New York, to
          the urban development corporation; and providing  for  the  repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any inconsistent provision of  law  to  the
     2  contrary, the commissioner of general services is authorized to transfer
     3  and  convey  to  the  urban development corporation the remaining right,
     4  title, and interest of the people of the state of New York in the  lands
     5  and  improvements located at 121 West 125th Street and further described
     6  in section two of this act. The conveyance shall be  made  in  consider-
     7  ation  of  the  sum of no less than one million dollars collected by the
     8  state in connection with land transferred pursuant to  this  act,  which
     9  shall  be  deposited  into  the  125th Street Improvement Trust Fund, as
    10  amended and as may be further amended, hereinafter referred  to  as  the
    11  "Fund",  and  shall  be used for purposes outlined in the fund agreement
    12  and projects located within the established geographic boundaries of the
    13  Fund.
    14    § 2. The lands and improvements authorized by section one of this  act
    15  to be conveyed are generally described as follows:
 
    16                                  Parcel 1
 
    17    All  that  certain  plot,  piece or parcel of land, situate, lying and
    18  being in the Borough of Manhattan, City, County and State of  New  York,
    19  bounding and described as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10888-02-9
        A. 6865--A                          2
 
     1    BEGINNING  at  a  point on the northerly side of West 125th Street and
     2  150 feet west of the point of intersection between the westerly side  of
     3  Lenox Avenue and the northerly side of West 125th Street;
     4    (1)  thence  running  westerly  along the northerly side of West 125th
     5  Street, 210 feet to a point;
     6    (2) thence running in a northerly direction parallel to  the  Westerly
     7  side  of  Lenox Avenue, 199 feet 10 inches to the southerly side of West
     8  126th Street;
     9    (3) thence running easterly along the southerly  side  of  West  126th
    10  Street 210 feet to a point;
    11    (4)  thence running in a southerly direction, parallel to the westerly
    12  side of Lenox Avenue 199 feet, 10 inches to the point of beginning.

    13                                  Parcel 2
 
    14    All that certain volume of space which lies above a  horizontal  plane
    15  (the  "Limiting  Plane")  drawn at elevation 80.20 feet and intersecting
    16  the vertical planes determined by the above-described boundaries of  the
    17  Premises;  the  elevation of the Limiting Plane being that in the System
    18  known as the Borough Works Datum  of  the  Borough  of  Manhattan  which
    19  designates  as zero an elevation which is 2.75 feet above mean sea level
    20  at Sandy Hook, New Jersey.
    21    SUBJECT to that certain Easement Agreement and Declaration made by and
    22  between the people of the state of New York, acting by and  through  the
    23  commissioner  of general services, and the New York state urban develop-
    24  ment corporation, doing business as the empire state development  corpo-
    25  ration,  dated  December  13,  2002  and  recorded July 10, 2003 as CRFN
    26  2003000222170; and that certain Indenture made the 20th day of December,
    27  1977 by The New York state urban development corporation and The city of
    28  New York recorded on 12/23/77 in Reel 422 page 1084.
    29    § 3. The description in section two of this act is not intended to  be
    30  a  legal  description  but  is  intended  to  identify  the parcel to be
    31  conveyed.  As a condition of the purchase, the urban development  corpo-
    32  ration  may  submit  to  the  commissioner  of  general services for her
    33  approval an accurate survey and description of the lands to be conveyed,
    34  which may be used in the conveyance thereof.
    35    § 4. The commissioner of general services shall not transfer or convey
    36  the aforesaid lands and improvements unless an application  is  made  by
    37  the  urban development corporation within one year of the effective date
    38  of this act. Such application shall be  in  the  form  of  a  resolution
    39  setting  forth  a  comprehensive  statement approved by the board of the
    40  urban  development  corporation  acknowledging  and  accepting  the  use
    41  restrictions  set forth in section five of this act. The commissioner of
    42  general services and the president of the urban development  corporation
    43  are  hereby  empowered  to effect the transfer and conveyance and do all
    44  things necessary to carry out the purposes and provisions of this act.
    45    § 5. The aforesaid land and improvements shall be  used  and  improved
    46  for the purposes of, the National Urban League headquarters, including a
    47  conference  center,  a  civil  rights  museum,  retail and office space,
    48  approximately one hundred seventy units  of  affordable  housing,  which
    49  solely for the purposes of this act, shall mean that one hundred percent
    50  of  the rental dwelling units in the building shall, upon initial rental
    51  and upon each subsequent rental following a vacancy,  be  affordable  to
    52  and  restricted  to  occupancy  by individuals or families in accordance
    53  with a plan developed and approved by the commissioner of New York state
    54  division of homes and community  renewal,  and  any  accessory  uses  as
        A. 6865--A                          3
 
     1  described  in the general project plan prepared by the urban development
     2  corporation in accordance with the urban  development  corporation  act,
     3  including  any  amendments  or  modifications thereto, provided that the
     4  proportion  of  space  allotted for retail and office purposes shall not
     5  exceed the other required uses of such transferred land pursuant to this
     6  act. Upon termination of a required use, the people of the state of  New
     7  York  shall  have  the  right to retake the title to such portion of the
     8  land and improvements described herein that are not  committed  to  such
     9  required  uses.  In  the  event of such termination of any required use,
    10  during the term of the conveyance instrument, between  said  corporation
    11  and  the  entity  or  entities  engaged  to  construct  and maintain the
    12  improvements, the urban development corporation shall,  consistent  with
    13  the  terms and conditions of the instrument of conveyance, provide writ-
    14  ten notice to such entity or entities and provide such entity  or  enti-
    15  ties  a reasonable opportunity to cure; provided, however, and only with
    16  respect to the National Urban League Headquarters and the  civil  rights
    17  museum,  the  Urban  Development  Corporation  is  hereby  authorized to
    18  approve a comparable community or public use for such land and  improve-
    19  ments  thereon.  If  the entity or entities fails or is unable to comply
    20  with any demand to cure, pursuant to this act, in the  manner  and  time
    21  period  specified  under  the  terms  of  the  lease or other conveyance
    22  instrument, the urban  development  corporation  shall  provide  written
    23  notice to the commissioner of general services within one hundred eighty
    24  days  thereof,  and  the  commissioner of general services shall request
    25  that the attorney general institute an action in the supreme court for a
    26  judgment declaring a revesting of such title in the people of the  state
    27  of  New  York to the portion of the land and improvements not in compli-
    28  ance with the aforesaid use restrictions, or, in lieu of an action seek-
    29  ing a judgment declaring a revesting of title as  aforesaid,  allow  the
    30  owner  of  the  land  and  improvements  not  in compliance with the use
    31  restriction, to purchase the reverter interest from the  people  of  the
    32  state  of New York at the current fair market value of the non-compliant
    33  portion of the land less the value of any improvements thereto as deter-
    34  mined by independent certified appraisal or  appraisals,  and  less  any
    35  proportionate  consideration previously paid, as shall be defined in the
    36  general project plan and lease.
    37    § 6. This act shall take effect immediately and the authority  of  the
    38  commissioner  of  general  services to transfer and convey the aforesaid
    39  lands and improvements pursuant to this act shall expire two years after
    40  such effective date.