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a. Notwithstanding any other provision of law, general, special or local, the city, acting by the commissioner is hereby authorized and empowered to enter into contracts, long-term leases or rental agreements with, or grant licenses, permits, concessions or other authorizations to, the USTA National Tennis Center Incorporated, its affiliates, successors or mortgagees, or assigns in connection with or pursuant to a mortgage or other financing (including an assignment by a mortgagee) ("NTC") upon such terms and conditions, for such consideration, and for such term of duration as may be agreed upon by the city and the NTC, whereby the NTC is granted the right, for any purpose or purposes referred to in subdivision b of this section, to use, occupy or carry on activities on certain tracts of land described in subdivision c of this section, including the facilities constructed on such tracts of land, being a part of Flushing Meadows-Corona Park and situated in the borough of Queens, city and state of New York, title to which tracts is now in the city, with rights of ingress and egress thereto and therefrom, together with appurtenant rights to use areas within the park other than those described in subdivision c of this section, upon such terms and conditions as agreed upon by the commissioner, for up to sixty days in any calendar year for ancillary parking to support the U.S. Open Tennis Championships or other similar competitive tennis events. Prior to or after the expiration or termination of the terms of duration of any contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision and subdivision b of this section, the city, in accordance with the requirements and conditions of this subdivision and subdivision b of this section, may from time to time enter into amended, new, additional or further contracts, leases or rental agreements with, and grant new, additional or further licenses, permits, concessions or other authorizations to the NTC or other person for any purpose or purposes referred to in subdivision b of this section; provided however, that any such lease entered into with a person other than the NTC shall not exceed a period of more than one year and shall not be renewable; and provided further that upon the expiration of such one year period, the city may not enter into any further leases for the lands and facilities described in this section.
b. Any contract, lease, rental agreement, license, permit, concession or other authorization referred to in subdivision a of this section may grant to the NTC or other person, the right to use, occupy or carry on activities in, the whole or any part of such tracts of land, including such facilities constructed on such tracts of land, (1) for any purpose or purposes which is of such nature as to furnish to, or foster or promote among, or provide for the benefit of, the people of the city, recreational use and activities including entertainment, amusement, education, enlightenment, cultural development or betterment, and improvement of trade and commerce, including professional, amateur and scholastic sports and athletic events, theatrical, musical or other cultural and entertainment presentations, and meetings, assemblages, conventions and exhibitions, including those held for business or trade purposes, and other events of charitable, civic, community and general public interest, and/or (2) for any charitable, business or commercial purpose which aids in the operation of the facilities constructed on such tracts of land and which does not interfere with the accomplishment of the purposes referred to in paragraph (1) of this subdivision. Any such lease, rental agreement, license, permit, concession or other authorization shall contain provisions with respect to: the establishment of a fund by the NTC to be used by the city, with the approval of the commissioner after consultation with the borough president, for park improvement purposes; the operation of expanded public programs designed to meet the needs of the community, and to encourage broad participation by the public in the sport of tennis as agreed to by the commissioner; and the implementation of non-discrimination and affirmative action policies. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and for the improvement of their health, welfare, recreation and prosperity, for the promotion of competitive sports for youth and the prevention of juvenile delinquency, lessening of the burdens of government, and for the improvement of trade and commerce, and are hereby declared to be public purposes.
c. The tracts of land referred to in subdivision a of this section are more particularly described as follows: All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Flushing Meadows-Corona Park in the borough of Queens, city and state of New York bounded and described as follows:
1. BEGINNING at a point being the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps number 4164, 4179 and 4496; Running thence North 36°-13'-30" East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point; Running thence North 49°-26'-52" East, a distance of 245.50 feet to a point of curvature; Running thence along a curve, bearing to the left and having a central angle of 13°-13'-20" and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency; Running thence North 36°-13'-33" East, a distance of 211.45 feet to a point; Running thence South 54°-01'-05" East, a distance of 245.89 feet to a point; Running thence South 35°-58'-51" West, a distance of 7.98 feet to a point; Running thence South 54°
2. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps numbers 4164, 4179 and 4496;
(1) Running thence North 36°-13'-30" East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point;
(2) Running thence North 49°-26'-52" East, a distance of 245.50 feet to a point of curvature;
(3) Running thence along a curve, bearing to the left and having a central angle of 13°-13'-20" and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;
(4) Running thence North 36°-13'-33" East, a distance of 460.50 feet to a point;
(5) Running thence South 53°-51'-28" East, a distance of 89.31 feet to the POINT OR PLACE OF BEGINNING; Running thence North 35°-59'-23" East, a distance of 168.81 feet to a non tangent point of curvature; Running thence along a curve, bearing to the left and having a central angle of 5°-13'-58", a radius of 588.03 feet and a radial bearing of North 57°-54'-08" West, a distance of 53.70 feet to a point of tangency; Running thence North 26°-51'-55" East, a distance of 67.58 feet to a point of curvature; Running thence along a curve, bearing to the right and having a central angle of 10°-03'-52" and a radius of 329.01 feet, a distance of 57.80 feet to a point (not a point of tangency); Running thence South 53°-51'-27" East, a distance of 136.54 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 21°-10'-31", a radius of 1,000.00 feet and a radial bearing of North 83°-57'-07" West, a distance of 369.58 feet to a point (not a point of tangency); Running thence North 53°-51'-28" West, a distance of 237.41 feet to the POINT OR PLACE OF BEGINNING. The area of this parcel is 67,357 sq.ft. (1.546 acres) and the total perimeter is 1,262.48 feet.
d. The tracts of land required by this act to be surrendered by the NTC from the tracts of land previously granted and rededicated as park lands are as follows:
1. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C Alteration Maps numbers 4164, 4179 and 4496
(1) Running thence North 36°-13'-30" East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,233.44 feet to a point;
(2) Running thence North 49°-26'-52" East, a distance of 245.50 feet to a point of curvature;
(3) Running thence along a curve, bearing to the left and having a central angle of 13°-13'-20" and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;
(4) Running thence North 36°-13'-33" East, a distance of 460.50 feet to a point;
(5) Running thence South 53°-51'-28" East, a distance of 89.31 feet to a point;
(6) Running thence North 35°-59'-23" East, a distance of 168.81 feet to a non tangent point of curvature;
(7) Running thence along a curve, bearing to the left and having a central angle of 05°-13'58" and a radius of 588.03 feet and a radial bearing of North 57°-54'08" West, a distance of 53.70 feet to a point of tangency;
(8) Running thence North 26°-51'-55" East, a distance of 67.58 feet to a point of curvature;
(9) Running thence along a curve, bearing to the right and having a central angle of 10°-03'-52" and a radius of 329.01 feet and a distance of 57.80 feet to a POINT OR PLACE OF BEGINNING; Running thence along a curve, bearing to the right and having a central angle of 15°-58'-37" and a radius of 329.01 feet and a radial bearing of South 53°-04'-11" East, a distance of 91.74 feet to a point (not a point of tangency); Running thence North 54°-51'-58" East, a distance of 30.77 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 113°-46'-56", a radius of 15.62 feet and a radial bearing of South 36°-25'-54" East, a distance of 31.03 feet to a point (not a point of tangency); Running thence South 01°-03'-39" East, a distance of 71.24 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 04°-44'-42", a radius of 1,000.00 feet and a radial bearing of North 88°-41'-48" West, a distance of 82.81' feet to a point (not a point of tangency); Running thence North 53°-51'-27" West, a distance of 136.54 feet to the POINT OR PLACE OF BEGINNING. The area of this parcel is 10,923 sq. ft. (0.2510 acres) and the total perimeter is 444.13 feet.
2. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps numbers 4164, 4179 and 4496;
(1) Running thence North 36°-13'-30" East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point;
(2) Running thence North 49°-26'-52" East, a distance of 245.50 feet to a point of curvature;
(3) Running thence along a curve, bearing to the left and having a central angle of 13°-13'-20" and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;
(4) Running thence North 36°-13'-33" East, a distance of 460.50 feet to a point;
(5) Running thence South 53°-51'-28" East, a distance of 401.06 feet to a point (not a point of curvature);
(6) Running thence along a curve, bearing to the left, having a central angle of 00°-59'-45", a radius of 1,073.50 feet and a radial bearing of N 62°-09'-41" West, a distance of 18.66 feet to the POINT OR PLACE OF BEGINNING; Running thence along the same curve, bearing to the left, having a central angle of 10°-34'-58", a radius of 1,073.50 feet and a radial bearing of North 63°-09'-27" West, a distance of 198.28 feet to a point; Running thence South 77°-26'-40" East, a distance of 69.89 feet to a point; Running thence South 52°-65'-05" East, a distance of 240.12 feet to a point; Running thence South 37°-03'-55" West, a distance of 147.20 feet to a point (not a point of curvature); Running thence along a curve, bearing to the left, having a central angle of 4°-37'-36", a radius of 2,600.00 feet and a radial bearing of South 10°-56'-00" West, a distance of 209.95 feet to a point of reverse curvature; Running thence along a curve bearing to the right, having a central angle of 60°-37'-23" and a radius of 15.00 feet, a distance of 15.87 feet to a point of reverse curvature; Running thence along a curve, bearing to the left, having a central angle of 16°-53'-47" and a radius of 145.00 feet, a distance of 42.76 feet to a point of reverse curvature; Running thence along a curve bearing to the right, having a central angle of 66°-48'-33" and a radius of 15.00 feet, a distance of 17.49 feet to POINT OR PLACE OF BEGINNING. The area of this parcel is 56,975.79 sq. ft. (1.31 acres) and the total perimeter is 941.56 feet.
3. Notwithstanding the opening paragraph and paragraphs one and two of this subdivision, the NTC shall have exclusive use of the parcels described in paragraphs one and two of this subdivision for the U.S. Open Tennis Championships, consisting of up to and including thirty days per year for the tournament, qualifying tournament, and for a reasonable amount of time before and after the U.S. Open Tennis Championships for the purpose of setting up and removing any equipment or structures necessary for the tournament.
a. Notwithstanding any other provision of law, general, special or local the city, acting by the commissioner of parks and recreation and the commissioner of cultural affairs with the approval of the board of estimate, is hereby authorized and empowered to transfer, grant, demise or let to the Snug Harbor Cultural Center, Inc. or other not-for-profit corporation or corporations, or a local development corporation or corporations, or any combination thereof, their successors or assigns (individually or collectively, herein referred to as "NPC") by contract, lease, license or other instrument, upon such terms and conditions as shall be agreed upon between the city and NPC, the right, for any purpose or purposes referred to in subdivisions b and c of this section, to use, occupy, license, lease or carry on or cause to be carried on activities in or on the whole or any part of the tracts of land described in subdivision d of this section, including the buildings and other facilities thereon, which tracts are situated in the borough of Staten Island and are commonly known as Snug Harbor.
b. Any contract, lease, license, or other instrument referred to in subdivision a of this section may authorize or grant to NPC the right to use, occupy, license, lease and carry on or cause to be carried on activities in or on the whole or any part of the tracts of land described in subdivision d of this section for any purpose or purposes which furnish, foster or promote for the benefit of the people of the city, cultural development, education, recreation, historic preservation of buildings and improvement of business and commerce, including: theatrical, musical, artistic presentations and exhibitions; meetings, assemblages, conventions and conferences; telecommunication systems; events of civic, community and general public interest; and general business or commercial purposes which aid the other purposes set out in this subdivision, provided, however, that nothing herein shall grant to NPC the right to conduct any business or commerce, or contract with any other party for the same, unless such business or commerce is compatible with and conducted in conjunction with the use of Snug Harbor cultural center, as a multi-purpose cultural center, and further provided that nothing herein shall permit the erection or maintenance of telecommunication towers or other above ground apparatus for telecommunication transmission systems on the grounds of Snug Harbor. Subject to the limitations set forth in subdivision c of this section, such land may be used for the purpose of providing residences and work spaces for artists affiliated with the NPC for the duration of such affiliation. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the health, welfare and prosperity of the people of the city and are public purposes.
c. Except as hereinafter provided, the tracts of land described in subdivision d of this section shall not be used, occupied, licensed or leased for the purpose of housing. Such land may be used to provide residences for artists who are affiliated with the NPC and who through their work, exhibits, lectures or writings contribute to the goals of the NPC. Artists shall only be entitled to occupy such residences for the duration of their affiliation with the NPC and any lease or occupancy permit of a dwelling unit to an artist shall specify that the tenancy or occupancy shall terminate upon the termination of the artist's affiliation with the NPC. Notwithstanding any other provision of law, such dwelling units shall not be subject to regulation or control pursuant to the emergency housing rent control act, the emergency tenant protection act of nineteen seventy-four or any local laws enacted pursuant thereto, the emergency housing rent control law, the rent stabilization law of nineteen hundred sixty-nine or any other law which confers rights of occupancy upon tenants which are inconsistent with the intent of this subdivision to permit the NPC to provide residences for artists only for the duration of their affiliation with the NPC. The provisions of this subdivision shall not be construed to prohibit the NPC from providing residential accommodations to persons employed by the NPC where such residence is necessary for the maintenance or protection of the property such as a resident caretaker, supervisor of maintenance or supervisor of security.
d. The tracts of land referred to in subdivisions a, b and c of this section are more particularly described as follows: Beginning at a point formed by the intersection of the southerly line of Richmond Terrace and the westerly line of Tysen Street as shown on borough president of Staten Island map #3861, said point of beginning having coordinates S 4888.33, W 15824.79. Running thence:
1) South 03° 42' 57" East, 485.63 feet along the westerly line of Tysen Street to the northerly line of Fillmore Street.
2) South 86° 24' 09" West, along the northerly line of Fillmore Street, 100.59 feet.
3) North 06° 33' 33" West, 139.83 feet.
4) South 87° 58' 30" West, 50.00 feet.
5) South 06° 31' 23" East, 141.20 feet to the northerly line of Fillmore Street.
6) South 86° 24' 09" West, along the northerly line of Fillmore Street, 46.06 feet to a point of curvature.
7) Southerly, curving to the left on the arc of a circle with a radius of 7.50 feet, an angle of 93° 45' 01", 12.27 feet to a point of tangency.
8) South 7° 20' 52" East, 359.97 feet.
9) South 6° 51' 31" East, 300.02 feet.
10) South 7° 00' 45" East, 416.19 feet to a point on the northerly line of Henderson Avenue.
11) South 72° 23' 50" West, along the northerly line of Henderson Avenue, 1447.71 feet.
12) South 81° 13' 07" West, along the northerly line of Henderson Avenue, 122.79 feet to the easterly line of Kissel Avenue.
13) North 9° 03' 54" West, along the easterly line of Kissel Avenue, 1917.41 feet to the southerly line of Snug Harbor Road.
Thence, easterly along the southerly lines of Snug Harbor Road and Richmond Terrace as in use the following 22 courses and distances:
1) North 81° 52' 30" East, 343.00 feet.
2) North 74° 30' 34" East, 22.48 feet to a point of curvature.
3) Northerly, curving to the left on the arc of a circle with a radius of 50.00 feet, an angle of 39° 04' 12", 34.10 feet to a point of compound curvature.
4) Northerly, curving to the left on the arc of a circle with a radius of 200.00 feet, an angle of 09° 22' 30", 32.73 feet.
5) North 26° 03' 52" East, 41.69 feet.
6) North 22° 56' 18" East, 75.00 feet.
7) North 19° 30' 48" East, 75.29 feet.
8) North 16° 59' 24" East, 53.98 feet to a point of curvature.
9) Easterly, curving to the right on the arc of a circle with a radius of 75.00 feet, an angle of 61° 42' 53", 80.78 feet to a point of tangency.
10) North 78° 42' 17" East, 44.75 feet.
11) North 82° 23' 05" East, 75.33 feet.
12) North 85° 01' 47" East, 75.08 feet.
13) North 86° 52' 08" East, 83.22 feet to a point of curvature.
14) Easterly, curving to the right on the arc of a circle with a radius of 900.00 feet, an angle of 7° 33' 52", 118.82 feet to a point of compound curvature.
15) Easterly, curving to the right on the arc of a circle with a radius of 450.00 feet, an angle of 12° 50' 35", 100.87 feet to a point of tangency.
16) South 72° 43' 25" East, 91.81 feet to a point of curvature.
17) Easterly, curving to the right on the arc of a circle, with a radius of 1460.00 feet, an angle of 14° 29' 21", a distance of 369.21 feet to a point of reverse curvature.
18) Easterly, curving to the left on the arc of a circle with a radius of 180.00 feet, an angle of 28° 00' 03", 78.96 feet to a point of tangency.
19) South 83° 22' 07" East, 58.01 feet.
20) South 89° 57' 40" East, 25.00 feet.
21) North 88° 49' 32" East, 220.28 feet to the westerly line of Tysen Street as in use.
22) South 03° 42' 57" East, along the westerly line of Tysen Street as in use, 46.90 feet to the point or place of beginning.
Beginning at a point formed by the intersection of the southerly line of Richmond Terrace and the easterly line of Snug Harbor Road, the intersection of said streets forming an interior angle of 70° 43' 30" as shown on the borough president of Staten Island map #3887, said point of beginning having coordinates S 4714.62, W 17955.22. Running thence easterly along the southerly line of Richmond Terrace, N 89° 41' 08" E, 727.73 feet to a point on Snug Harbor Road. Thence the following 5 courses and distances along Snug Harbor Road:
1) South 18° 21' 55" West, 24.95 feet.
2) South 22° 56' 18" West, 179.68 feet to a point of curvature.
3) Westerly, curving to the right on the arc of a circle with a radius of 90.00 feet, an angle of 58° 56' 12", 92.53 feet to a point of tangency.
4) South 81° 52' 30" West, 472.31 feet.
5) North 22" 02' 30" West, 296.46 feet to the point or place of beginning.
Beginning at a point on the northerly line of Richmond Terrace, generally opposite the prolongation of the westerly line of Tysen Street as shown on the president of the borough of Staten Island map #3887, said point of beginning having coordinates S 4788.43, W 15831.26. Running thence westerly along the northerly line of Richmond Terrace the following 9 courses and distances:
1) South 89° 00' 30" West, 212.27 feet to a point of curvature.
2) Westerly, curving to the right on the arc of a circle with a radius of 220.00 feet, an angle of 25° 23' 59", 97.53 feet to a point of tangency.
3) North 65° 35' 31" West, 235.43 feet to a point of curvature.
4) Westerly, curving to the left on the arc of a circle with a radius of 1680.00 feet, an angle of 12° 45' 26", 374.06 feet to a point of compound curvature.
5) Westerly, curving to the left on the arc of a circle with a radius of 120.00 feet, an angle of 11° 40' 19", 24.45 feet to a point of compound curvature.
6) Westerly, curving to the left on the arc of a circle with a radius of 1680.00 feet, an angle of 4° 29' 58", 131.93 feet to a point of reverse curvature.
7) Westerly, curving to the right on the arc of a circle with a radius of 720.00 feet, an angle of 7° 44' 03", 97.19 feet.
8) South 86° 39' 38" West, 291.90 feet.
9) South 88° 24' 46" West, 701.54 feet.
Thence northerly, North 01° 19' 01" East, 59.39 feet to a point on the southerly line of the Staten Island Rapid Transit Railway. Thence easterly along the southerly line of the Staten Island Rapid Transit Railway, the following 12 courses and distances:
1) North 89° 31' 08" East, 338.03 feet.
2) South 01° 19" 01" West, 15.00 feet.
3) North 89° 31' 08" East, 383.31 feet.
4) North 32° 53' 35" East, 17.96 feet.
5) North 89° 31' 08" East, 396.00 feet to a point of curvature.
6) Easterly, curving to the right on the arc of a circle with a radius of 1131.00 feet, an angle of 18° 58' 00", 374.40 feet to a point of tangency.
7) South 69° 57' 32" East, 264.42 feet to a point of curvature.
8) Easterly, curving to the left on the arc of a circle with a radius of 1448.00 feet, an angle of 5° 41' 55", 144.01 feet.
9) South 66° 56' 46" East, 134.55 feet.
10) South 03° 41' 50" East, 2.00 feet.
11) South 88° 57' 04" East, 112.19 feet.
12) South 03° 41' 50" East, 6.00 feet to the point or place of beginning.
Beginning at a point on the U.S. Pierhead and Bulkhead line in Kill Van Kull, approved by the secretary of war, October 30, 1915, said point of beginning having coordinates South 4497.61, West 16082.50, and being 234.38 feet west of a point formed by the extension of the westerly line of Tysen Street with the U.S. Pierhead and Bulkhead line; running thence westerly along the northerly line of the Staten Island Rapid Transit Railway, the following 10 courses and distances:
1) South 03° 41' 50" East, 197.07 feet.
2) North 77° 38' 47" West, 132.04 feet.
3) North 69° 57' 32" West, 264.42 feet to a point of curvature.
4) Westerly, curving to the left on the arc of a circle with a radius of 1161.00 feet an angle of 18° 58' 00", 384.33 feet to a point.
5) South 89° 31' 08" West, 338.00 feet.
6) North 00° 28' 52" West, 15.00 feet.
7) South 89° 31' 00" West, 449.31 feet.
8) South 01° 19' 01" West, 15.00 feet.
9) South 89° 31' 08" West, 338.03 feet.
10) North 01° 19' 01" East, 106.33 feet to the U.S. Pierhead and Bulkhead line.
Thence easterly along the U.S. Pierhead and Bulkhead line the following 2 courses and distances:
1) North 87° 27' 41" East, 560.68 feet.
2) South 85° 27' 28" East, 1309.86 feet to the place or point of beginning.
Beginning at a point on the northerly line of the lands of the Staten Island Rapid Transit Railway Company, being distant 88.00 feet from the northerly line of Richmond Terrace and generally on a prolongation of the westerly line of Tysen Street as indicated on the president of the borough of Staten Island map #3887, said point of beginning having coordinates South 4700.61, West 15836.93, thence:
1) North 84° 54' 35" West along the northerly line of the lands of the Staten Island Rapid Transit Railway, 113.13 feet.
2) North 03° 41' 50" West, 183.73 feet to the U.S. Pierhead and Bulkhead line approved by the secretary of war on October 30, 1915.
3) South 85° 27' 28" East along said U.S. Pierhead and Bulkhead line, 112.98 feet.
4) South 03° 41' 50" East, 184.83 feet to the point or place of beginning.
a. Notwithstanding the provisions of section three hundred eighty-three of the New York city charter and section twenty of the general city law or any other law prohibiting the alienation of park lands, the city, acting by the commissioner with the approval of the board of estimate, is hereby authorized and empowered to lease to Bryant Park Restoration Corporation ("BPRC"), a not-for-profit corporation organized under the laws of the state of New York for the purpose of assisting the city in restoring and maintaining Bryant Park, for the purposes referred to in subdivision b of this section, upon such terms and conditions and for such duration as shall be agreed upon by the city, The New York Public Library, Astor, Lenox and Tilden Foundations ("NYPL") and BPRC, all or part of the tract of land situated in the borough of Manhattan known as the west terrace of the New York Public Library (the "West Terrace"), and more particularly described as follows: ALL THAT CERTAIN PLOT, piece or parcel of land, comprising a portion of that land known as Bryant Park, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, City and State of New York, bounded and described as follows: BEGINNING at a point lying along the south side of West 42nd Street, 482 feet west of the intersection formed by the said south side of West 42nd Street and the west side of Fifth Avenue, and running thence easterly along the south side of West 42nd Street 119 feet to a point lying along said southerly side of West 42nd Street; thence southerly, along the rear wall of the New York Public Library Building, 455 feet to the northerly side of West 40th Street; thence westerly along the northerly side of West 40th Street 119 feet; thence northerly 455 feet to the point or place of BEGINNING. Notwithstanding the foregoing provision, such grant shall not include any portion of the building erected, constructed, equipped and furnished pursuant to chapter five hundred fifty-six of the laws of eighteen hundred ninety-seven (the "NYPL Building"), including appurtenances thereto, except upon the written approval of NYPL.
b. The grant referred to in subdivision a of this section may authorize BPRC to sublease all or any portion of the West Terrace for the construction of a structure which may be used for the operation of a restaurant and related purposes, and for such other uses as may be consistent with the purposes of BPRC and NYPL, upon such terms and conditions, for such duration and for such consideration as shall be agreed upon by the city, BPRC and NYPL; provided, however, that no portion of any such structure shall extend beyond sixty feet west of the western most portion of the NYPL Building. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and are public purposes.
a. It shall be unlawful for any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on public property under the jurisdiction of the commissioner without acquiring written consent from the commissioner. The foregoing provision shall not apply to department employees who are engaged in the proper and authorized performance of their assigned duties.
b. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of subdivision a of this section concerning a tree shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than fifteen thousand dollars or by imprisonment of not more than one year or by both such fine and imprisonment for each such violation. Such individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation shall also be liable for a civil penalty of not more than ten thousand dollars for each such violation which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized pursuant to this section shall be commenced by the service of a notice of violation returnable to the environmental control board. The environmental control board shall have the power to impose the civil penalties prescribed herein. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of subdivision a of this section concerning any other form of vegetation shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment for each such violation.
c. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation found to be guilty of violating the provisions of subdivision a of this section or section 10-148 of this code by a court of competent jurisdiction or by the environmental control board shall be denied the opportunity to obtain written consent from the commissioner or from an agency having control of public property to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on public property under the jurisdiction of the commissioner, or such agency, for a maximum of two years from the date of conviction, or from the date the civil penalty was imposed.
a. There being a shortage of parks and park areas within the city to provide the necessary facilities for fresh air and recreation for the growing population of such city and more particularly for residents of the boroughs of Manhattan, Bronx and Queens; and the creation and establishment of such parks being essential to the health, comfort and welfare of the citizens of the state; and it appearing to the legislature to be necessary and proper that city parks be created and established on the islands known as Ward's and Randall's, within such city, and that the inmates and patients in the various state and city institutions now located on such islands be removed therefrom, excepting the lands on Ward's island presently occupied by the Manhattan state hospital other than parcels one and two hereinafter described and that the buildings and structures of such institutions be demolished for the purpose of such parks; the provisions hereinafter prescribed are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.
b. In order that the state may reconstruct, modernize and rebuild some or all of the building and facilities of Manhattan state hospital on Ward's island, and continue to maintain such hospital, so as to furnish modern facilities for treatment and care of mental patients of the metropolitan district to the benefit of its residents, the city is hereby authorized to extend the lease executed between the city and the state of New York pursuant to the provisions of chapter one hundred thirty-nine of the laws of nineteen hundred and eight, as amended by chapter six hundred ninety-six of the laws of nineteen hundred and thirteen, for a period not exceeding fifty years beyond its present termination date with respect to any or all of the lands now occupied by or used in connection with Manhattan state hospital on Ward's island except the lands hereinafter described as parcel one and parcel two. The department of mental health is hereby directed to remove the remaining inmates on or before April seventh, nineteen hundred fifty-nine from all the buildings of the Manhattan state hospital located on that part of Ward's island described as follows: PARCEL 1 Beginning at the intersection of the shore line of Harlem River with the northerly boundary line of property in the southwest portion of the island, now under the jurisdiction of the Department of Parks of the City of New York, which boundary line was established by the consent of the Governor, dated April 20, 1938, pursuant to Chapter 23 of the laws of 1938, and filed in the Department of Parks and the Department of Mental Health, as shown on map entitled "Index Map of Wards Island", dated April 28, 1936 accompanying said consent, thence generally easterly along said boundary line to its intersection with the westerly line of the right-of-way of the Triborough Bridge; thence generally northerly along said westerly right-of-way line to its intersection with the southwesterly line of Morgan Avenue; thence northwesterly along the southwesterly line of Morgan Avenue to its intersection with the southeasterly line of Scholer Street; thence southwesterly along the southeasterly line of Scholer Street to its intersection with a straight line which is 25 feet southwesterly from and parallel to Building No. 103; thence northwesterly along said line to its intersection with the shore line of Harlem River; thence southwesterly along the shore line of Harlem River to the point or place of beginning. PARCEL 2 Beginning at the intersection of the westerly line of the right-of-way of the New York Connecting Railroad with the shore line of Little Hell Gate as shown on the map referred to in Parcel 1, thence generally southerly along said westerly right-of-way line to its intersection with the shore line of the East River; thence southwesterly along said shore line of the East River to its intersection with the northerly boundary line of park property in the southwest portion of the island, as defined in Parcel 1; thence generally northwesterly along said boundary line to its intersection with the easterly line of the right-of-way of the Triborough Bridge; thence generally northerly along said easterly right-of-way line to its intersection with the northeasterly line of Morgan Avenue; thence southeasterly, generally, along the northeasterly line of Morgan Avenue to its intersection with the southeasterly line of Macy Avenue; thence northeasterly along the southeasterly line of Macy Avenue and its prolongation to its intersection with the southeasterly prolongation of the northeasterly line of Pinel Avenue; thence northwesterly along the northeasterly line of Pinel Avenue to its intersection with the northeasterly line of the cinder road on the northeast side of Buildings Nos. 95, 96, 97 and 98; thence northwesterly along said northeasterly line of said cinder road as prolonged, to its intersection with the easterly line of the right-of-way of the Triborough Bridge; thence generally northerly along said easterly right-of-way line to its intersection with the shore line of Little Hell Gate; thence easterly along said shore line to the point or place of beginning, and such property and equipment used in or in connection with such hospital, as it may desire, to the Pilgrim state hospital on Long Island, or to other state hospitals, in which it shall establish suitable quarters and accommodations for them, within the amounts of appropriations made for such purpose by the legislature. The lease heretofore executed between the city of New York and the state of New York, pursuant to the provisions of chapter one hundred thirty-nine of the laws of nineteen hundred eight, as amended by chapter six hundred ninety-six of the laws of nineteen hundred thirteen, shall be deemed terminated within the meaning and intent of such lease and statute to the extent that such lease relates to that part of Ward's island hereinabove described, when the governor shall certify in writing to the mayor that such inmates, property and equipment have been so transferred, and that the buildings and structures on Ward's island within the above described area are no longer necessary for the purposes of the Manhattan state hospital.
c. The city shall proceed as soon as possible after the governor shall have so certified to the mayor, as hereinbefore provided, to raze all of the buildings, structures and other improvements of the Manhattan state hospital and all other structures, buildings and improvements on that part of Ward's island described in subdivision b, except those required for park purposes, and except those connected with the present bridge now owned by the New York, New Haven and Hartford Railroad Company, now located at Ward's island and those connected with the proposed city sewage disposal plant as authorized by chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven and the structures of Triborough Bridge and Tunnel Authority. The city may, however, at any time prior to such certification by the governor, commence the work of transforming the above described part of the island into a city park and of razing all or such part of such buildings, structures and improvements as may no longer be required for the purposes of such hospital, if the governor consents thereto in writing. Such consent shall specify generally what work is consented to and specifically what buildings, structures and improvements, or parts thereof, may be razed. Copies of each such consent shall be filed with the department of parks and recreation of the city and the department of mental health. No structure, building or improvement shall be erected by the city or the state on Ward's island, except such as are necessary to the proper functioning of the Manhattan state hospital or to the purposes or functions of the sewage disposal plant, established by the city on such island, pursuant to the provisions of chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven, or except such as may be necessary for the construction, reconstruction, maintenance and operation of the structures of Triborough Bridge and Tunnel Authority, or the present bridge now owned by the New York, New Haven and Hartford Railroad Company, now located on Ward's island or except such as may be consented to by the governor as hereinbefore provided.
d. When the buildings and structures of the Manhattan state hospital affected by this section shall have been removed as hereinbefore provided, all of Randall's island and that part of Ward's island described in subdivision b shall be devoted exclusively to the purposes of city parks; and the city is hereby directed to transform the same into parks as soon thereafter as possible, and the same shall henceforth be used for no other purposes. There shall be excluded, however, from the operation of this section all of the land necessary for the continuance of the railroad bridge on such islands, the land necessary for the city sewage disposal plant, established by such city, as authorized by chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven, and the land deemed necessary by the Triborough Bridge and Tunnel Authority for the construction, reconstruction, maintenance and operation of the structures of Triborough Bridge and Tunnel Authority, provided, however, that there shall be provided by such city convenient means of access from such Triborough Bridge at convenient locations to such parks located on such islands, and convenient connections between the two islands.
e. Notwithstanding the provisions of subdivisions b, c and d, the city is hereby authorized to lease to the people of the state of New York the lands on Ward's island hereinafter described by amending the extension of lease dated December eleventh, nineteen hundred fifty-three, executed between the city of New York and the state of New York pursuant to the provisions of chapter one hundred one of the laws of nineteen hundred fifty-two, so as to include such lands within the terms and provisions of such extension of lease. Beginning at a point on the southeasterly line of Scholer Street, where it would be intersected by the continuation easterly in a straight line of the northerly boundary line of "Parcel 1A" as released to the City of New York by the consent of the Governor dated January 18, 1950; thence continuing generally easterly along the further prolongation easterly of said boundary line to its intersection with the westerly line of the right-of-way of the Triborough Bridge; thence generally northerly along said westerly right-of-way line to its intersection with the southwesterly line of Morgan Avenue; thence northwesterly along the southwesterly line of Morgan Avenue to its intersection with the southeasterly line of Scholer Street; thence southwesterly along the southeasterly line of Scholer Street to the point or place of beginning of the parcel herein described.
f. Notwithstanding the provisions of subdivisions b, c, d, and e, the city is hereby authorized to lease to the people of the state of New York, the lands on Ward's island hereinafter described by amending the extension of lease dated December tenth, nineteen hundred sixty-two, executed between the city and the state of New York pursuant to the provisions of chapter five hundred twenty-three of the laws of nineteen hundred sixty-two, so as to include such lands within the terms and provisions of such extension of lease. All that land now used by the city department of parks and recreation on the southeasterly portion of Ward's island and generally bounded by the Triborough Bridge right-of-way on the west, the shore line of the Hell Gate channel of the East River on the south and southeast and the lands under lease to the state of New York for Manhattan state hospital on the northeast and north, constituting 24 acres, more or less.
g. Notwithstanding the provisions of subdivisions b, c, d, e, and f of this section, in order that the state may reconstruct, modernize and rebuild some or all of the buildings and facilities of the Manhattan psychiatric center and the Kirby forensic psychiatric center on Ward's Island, and continue to maintain said hospitals, so as to furnish modern facilities for treatment and care of patients with mental illness of the metropolitan district and to benefit the health, welfare and safety of its residents, the city of New York is hereby authorized to enter into an agreement for the renewal or further extension of the lease executed between the city of New York and the state of New York pursuant to the provisions of chapter one hundred one of the laws of nineteen hundred fifty-two and chapter five hundred twenty-four of the laws of nineteen hundred sixty-two, for a period not exceeding fifty years beyond its present termination date with respect to any of the lands now occupied by or used in connection with the Manhattan psychiatric center, the Kirby forensic psychiatric center and related programs. Neither the provisions of section one hundred ninety-seven-c of the New York city charter, relating to a uniform land use review procedure, nor the provisions of any other local law of like or similar import shall apply to the renewal or extension of said lease.
b. 1. The commissioner shall be required to establish a telephone reporting system so that the public can notify the department of any accident or hazardous condition which may occur or exist within park property. The commissioner shall have signs posted in all public parks, playgrounds, including jointly operated playgrounds, beaches and pools which shall contain the telephone number for reporting any accident or hazardous condition that occurs or exists within such public facility.
2. The commissioner shall be required to maintain a record of reports of such accidents or hazardous conditions by borough and service district which shall be provided to the council and mayor on an annual basis. Such report shall include any action taken by the department in response to such reported accident or hazardous condition.
3. Such notice of accident which the commissioner shall receive according to the provisions of this section shall not be sufficient notice as required under article four of the general municipal law.
c. The commissioner shall post the following at all comfort stations at all bathing beaches under the jurisdiction of the department, on its official website, and at such other places or times as the commissioner shall deem appropriate or as required by law, rule or regulation:
1. The dates and the results of departmental inspections of the bathing beach at which such information is posted. Such information shall be posted within three days of the completion of the inspection cycle in which such inspection was made.
2. The availability of information regarding bathing beaches from the department of health and mental hygiene, which shall include, but not be limited to, the following:
(i) a statement of the availability of information posted pursuant to paragraph three of this subdivision on the department of health and mental hygiene's official website and provided to the 311 citizen service center;
(ii) if a particular bathing beach is under advisory or closed, the reason for such advisory or closure;
(iii) an explanation of how to file a beach-related illness complaint;
(iv) any other information the commissioner of health and mental hygiene shall deem appropriate or as required by law, rule or regulation.
3. The commissioner of health and mental hygiene shall make the information in subparagraphs ii through iv of paragraph two of this subdivision available on its official website and to the 311 citizen service center. In addition, the commissioner of health and mental hygiene shall make available on its official website and to the 311 citizen service center the information set forth in subparagraphs i through vi of this paragraph, and shall make the information in subparagraphs i, ii and iv of this paragraph available within twenty-four hours of receiving the results of any test performed, or by the end of the business day following receipt of the results of any test performed, whichever is later.
(i) the single day enterococci geometric mean for samples taken at a particular bathing beach by the department of health and mental hygiene;
(ii) the enterococcus bacteria thirty day geometric mean for such particular bathing beach;
(iii) an explanation as to the enterococcus bacteria level that could affect a closure at the particular bathing beach;
(iv) dates and results of any inspections or tests made pursuant to New York city health code article one hundred sixty-seven;
(v) an explanation as to the weather and other conditions that could result in issuing an advisory or closing the particular bathing beach;
(vi) any other information the commissioner of health and mental hygiene shall deem appropriate or as required by law, rule or regulation.
4. The commissioner of health and mental hygiene shall make the information required by paragraphs two and three of this subdivision, and such other information deemed appropriate by the commissioner of health and mental hygiene, accessible on the official department website for a period of at least one year. In addition, on or before the first day of November of each year, the commissioner of health and mental hygiene shall forward a combined report of the dates and results of all inspections of all bathing beaches and the dates and reasons for any advisory or closure, and such other information deemed appropriate by the commissioner of health and mental hygiene, for the Friday preceding the last Monday of May until the Friday after the first Monday of September of each year, to the mayor, the public advocate and the speaker of the council.
d. The commissioner shall post the dates and results of departmental inspections of property under the jurisdiction of the department on its official website within seven days of the completion of the inspection cycle in which such inspection was made, except that information regarding the inspections of bathing beaches shall be posted within three days of the completion of the inspection cycle in which such inspection was made, in accordance with paragraph one of subdivision c of this section. The results of each inspection shall be accessible on the official department website for a period of at least one year. In addition, the commissioner shall forward a combined report of such inspection results to the mayor, the public advocate and the speaker of the council for each fiscal year by the first day of August of the next succeeding fiscal year.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/048, L.L. 2005/029 and L.L. 2005/117.
1. Until such time as all members of the United States Armed Forces listed either as missing in action or prisoners of war are accounted for by the United States government, the commissioner shall assure, subject to subdivisions 2 and 3 of this section, that the Prisoner of War/Missing in Action (POW/MIA) flag is flown over all public property under the jurisdiction of the commissioner whenever the American flag is flown over such property.
2. Within sixty days following the effective date of the local law that added this section, the POW/MIA flag shall be flown in twenty-five percent of all parks under the jurisdiction of the commissioner, including all parks under the jurisdiction of the commissioner that bear the name of a veteran of the United States Armed Forces or that include the word "Memorial" in the park name, whenever the American flag is flown over such property.
3. Within three years following the effective date of the local law that added this section, the POW/MIA flag shall be flown over all public property under the jurisdiction of the commissioner whenever the American flag is flown over such property.
4. The commissioner shall submit to the Mayor and the Speaker of the City Council an annual report indicating all public property under the jurisdiction of the commissioner over which the POW/MIA flag is flown. Such reporting requirement shall terminate upon full compliance with the requirements set forth in subdivision 3 of this section, at which time the commissioner shall submit a final report to the Mayor and to the Speaker of the City Council indicating all public property under the jurisdiction of the commissioner over which the POW/MIA flag is flown.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/032.
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