State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-125-b > 6276

§ 6276. Agreements  with  dormitory  authority.  (a)  To  fulfill  the  purposes  contained  in  subdivision  a  of  section  sixty-two  hundred  seventy-three of this article, the fund may enter into leases, subleases  or  other  agreements with the dormitory authority to which the board of  higher education may be a party under which the  authority  may  provide  facilities  for  the use of the city university. The fund may enter into  an agreement with the dormitory authority to which the board  of  higher  education  and  the  city  of  New York shall be parties under which the  authority may  acquire,  design,  construct  or  otherwise  provide  and  furnish  and  equip  facilities  for the use of Hunter College which may  include therein a police and fire station upon a site set forth  in  and  in  accordance  with  the  terms  of  such  agreement,  as authorized in  paragraph f of subdivision two of section sixteen hundred eighty of  the  public  authorities  law.  The provisions of the dormitory authority act  shall govern the relationships of the dormitory authority, the fund, and  the board of higher education in the city of New York  with  respect  to  all  such  leases, subleases or other agreements and actions thereunder,  and the fund may apply to the payment  of  rentals  and  other  payments  required from the fund by any such leases, subleases or other agreements  and  may pledge as security for such payments to the dormitory authority  with respect to such leases, subleases or other agreements all  or  part  of  the  resources  of the fund. The dormitory authority shall not issue  obligations for the provision of a senior or community college  facility  unless  a  certificate of availability of funds has been approved by the  director of the budget and an appropriation for such facility  has  been  enacted.    (b)  Neither  the  state,  nor  the city or the city university of New  York, shall be liable for any rentals payable by the  fund  pursuant  to  the  terms of any lease, sublease or other agreement entered into by the  fund under this article. Any such lease,  sublease  or  other  agreement  shall contain among its terms a statement to that effect.    (c)  Housing  units provided under this article for faculty, staff and  married students and the families thereof shall  be  used  and  occupied  pursuant  to  leases  or other agreements between the faculty, staff and  married students and the city university, the provisions of  which  have  been  approved  by  the  dormitory  authority  and  the  city university  construction fund. There shall be paid to the city university,  pursuant  to  such  leases  or other agreements by such faculty, staff and married  students,  except  the  chancellor  of  the  city  university  and   the  presidents  of  any  of  the  senior  colleges  or graduate institutions  thereof and their families, rentals, the total amount of  receipts  from  which  rentals  in  each city fiscal year is to be at least equal to (i)  the portion of the rentals to be paid to the dormitory authority by  the  fund  in  that city fiscal year which is allocable to such housing units  and (ii) the expense of all direct and indirect costs  of  operation  of  such housing units. From such receipts the city university shall account  for and pay to the fund an amount equal to the portion of the rentals to  be  paid to the dormitory authority by the fund in that city fiscal year  which is allocable to such housing units, and the fund  shall  pay  such  amount  to  the  dormitory  authority  in accordance with its agreements  therewith. The estimated amount of rentals  allocable  to  such  housing  units shall be separately stated from the amount required to be included  in  the city university construction fund's report submitted pursuant to  clause  three  of  subdivision  seven  of  section   sixty-two   hundred  seventy-four  of  this  article  and shall not be included in the amount  equal to the aggregate of all rentals and such other payments due to the  dormitory authority from the fund of which the state and city  are  eachobligated  to  pay  to  the  fund one-half pursuant to section sixty-two  hundred seventy-nine of this article.    (d)  Any  pledge  of  or  other security interest in moneys, earnings,  income, revenues, accounts,  contract  rights,  general  intangibles  or  other personal property, or any other resources held, made or created by  the  fund  or  on its behalf by any duly authorized officer, employee or  agent thereof including the comptroller of the city  of  New  York  when  acting  as  agent  pursuant  to  this  article or by any other person to  secure such person's obligations to the fund, shall  be  valid,  binding  and  perfected from the time when such pledge or other security interest  attaches, without any physical delivery of  the  collateral  or  further  act.  The  lien  of  any such pledge or other security interest shall be  valid, binding and perfected as against all parties having claims of any  kind in tort, contract or otherwise against  the  fund  irrespective  of  whether  or not such parties have notice thereof. No instrument by which  such a pledge or other security interest is created  nor  any  financing  statement  need  be  recorded  or  filed.  This  subdivision shall apply  notwithstanding the provisions of the uniform commercial code.

State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-125-b > 6276

§ 6276. Agreements  with  dormitory  authority.  (a)  To  fulfill  the  purposes  contained  in  subdivision  a  of  section  sixty-two  hundred  seventy-three of this article, the fund may enter into leases, subleases  or  other  agreements with the dormitory authority to which the board of  higher education may be a party under which the  authority  may  provide  facilities  for  the use of the city university. The fund may enter into  an agreement with the dormitory authority to which the board  of  higher  education  and  the  city  of  New York shall be parties under which the  authority may  acquire,  design,  construct  or  otherwise  provide  and  furnish  and  equip  facilities  for the use of Hunter College which may  include therein a police and fire station upon a site set forth  in  and  in  accordance  with  the  terms  of  such  agreement,  as authorized in  paragraph f of subdivision two of section sixteen hundred eighty of  the  public  authorities  law.  The provisions of the dormitory authority act  shall govern the relationships of the dormitory authority, the fund, and  the board of higher education in the city of New York  with  respect  to  all  such  leases, subleases or other agreements and actions thereunder,  and the fund may apply to the payment  of  rentals  and  other  payments  required from the fund by any such leases, subleases or other agreements  and  may pledge as security for such payments to the dormitory authority  with respect to such leases, subleases or other agreements all  or  part  of  the  resources  of the fund. The dormitory authority shall not issue  obligations for the provision of a senior or community college  facility  unless  a  certificate of availability of funds has been approved by the  director of the budget and an appropriation for such facility  has  been  enacted.    (b)  Neither  the  state,  nor  the city or the city university of New  York, shall be liable for any rentals payable by the  fund  pursuant  to  the  terms of any lease, sublease or other agreement entered into by the  fund under this article. Any such lease,  sublease  or  other  agreement  shall contain among its terms a statement to that effect.    (c)  Housing  units provided under this article for faculty, staff and  married students and the families thereof shall  be  used  and  occupied  pursuant  to  leases  or other agreements between the faculty, staff and  married students and the city university, the provisions of  which  have  been  approved  by  the  dormitory  authority  and  the  city university  construction fund. There shall be paid to the city university,  pursuant  to  such  leases  or other agreements by such faculty, staff and married  students,  except  the  chancellor  of  the  city  university  and   the  presidents  of  any  of  the  senior  colleges  or graduate institutions  thereof and their families, rentals, the total amount of  receipts  from  which  rentals  in  each city fiscal year is to be at least equal to (i)  the portion of the rentals to be paid to the dormitory authority by  the  fund  in  that city fiscal year which is allocable to such housing units  and (ii) the expense of all direct and indirect costs  of  operation  of  such housing units. From such receipts the city university shall account  for and pay to the fund an amount equal to the portion of the rentals to  be  paid to the dormitory authority by the fund in that city fiscal year  which is allocable to such housing units, and the fund  shall  pay  such  amount  to  the  dormitory  authority  in accordance with its agreements  therewith. The estimated amount of rentals  allocable  to  such  housing  units shall be separately stated from the amount required to be included  in  the city university construction fund's report submitted pursuant to  clause  three  of  subdivision  seven  of  section   sixty-two   hundred  seventy-four  of  this  article  and shall not be included in the amount  equal to the aggregate of all rentals and such other payments due to the  dormitory authority from the fund of which the state and city  are  eachobligated  to  pay  to  the  fund one-half pursuant to section sixty-two  hundred seventy-nine of this article.    (d)  Any  pledge  of  or  other security interest in moneys, earnings,  income, revenues, accounts,  contract  rights,  general  intangibles  or  other personal property, or any other resources held, made or created by  the  fund  or  on its behalf by any duly authorized officer, employee or  agent thereof including the comptroller of the city  of  New  York  when  acting  as  agent  pursuant  to  this  article or by any other person to  secure such person's obligations to the fund, shall  be  valid,  binding  and  perfected from the time when such pledge or other security interest  attaches, without any physical delivery of  the  collateral  or  further  act.  The  lien  of  any such pledge or other security interest shall be  valid, binding and perfected as against all parties having claims of any  kind in tort, contract or otherwise against  the  fund  irrespective  of  whether  or not such parties have notice thereof. No instrument by which  such a pledge or other security interest is created  nor  any  financing  statement  need  be  recorded  or  filed.  This  subdivision shall apply  notwithstanding the provisions of the uniform commercial code.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-7 > Article-125-b > 6276

§ 6276. Agreements  with  dormitory  authority.  (a)  To  fulfill  the  purposes  contained  in  subdivision  a  of  section  sixty-two  hundred  seventy-three of this article, the fund may enter into leases, subleases  or  other  agreements with the dormitory authority to which the board of  higher education may be a party under which the  authority  may  provide  facilities  for  the use of the city university. The fund may enter into  an agreement with the dormitory authority to which the board  of  higher  education  and  the  city  of  New York shall be parties under which the  authority may  acquire,  design,  construct  or  otherwise  provide  and  furnish  and  equip  facilities  for the use of Hunter College which may  include therein a police and fire station upon a site set forth  in  and  in  accordance  with  the  terms  of  such  agreement,  as authorized in  paragraph f of subdivision two of section sixteen hundred eighty of  the  public  authorities  law.  The provisions of the dormitory authority act  shall govern the relationships of the dormitory authority, the fund, and  the board of higher education in the city of New York  with  respect  to  all  such  leases, subleases or other agreements and actions thereunder,  and the fund may apply to the payment  of  rentals  and  other  payments  required from the fund by any such leases, subleases or other agreements  and  may pledge as security for such payments to the dormitory authority  with respect to such leases, subleases or other agreements all  or  part  of  the  resources  of the fund. The dormitory authority shall not issue  obligations for the provision of a senior or community college  facility  unless  a  certificate of availability of funds has been approved by the  director of the budget and an appropriation for such facility  has  been  enacted.    (b)  Neither  the  state,  nor  the city or the city university of New  York, shall be liable for any rentals payable by the  fund  pursuant  to  the  terms of any lease, sublease or other agreement entered into by the  fund under this article. Any such lease,  sublease  or  other  agreement  shall contain among its terms a statement to that effect.    (c)  Housing  units provided under this article for faculty, staff and  married students and the families thereof shall  be  used  and  occupied  pursuant  to  leases  or other agreements between the faculty, staff and  married students and the city university, the provisions of  which  have  been  approved  by  the  dormitory  authority  and  the  city university  construction fund. There shall be paid to the city university,  pursuant  to  such  leases  or other agreements by such faculty, staff and married  students,  except  the  chancellor  of  the  city  university  and   the  presidents  of  any  of  the  senior  colleges  or graduate institutions  thereof and their families, rentals, the total amount of  receipts  from  which  rentals  in  each city fiscal year is to be at least equal to (i)  the portion of the rentals to be paid to the dormitory authority by  the  fund  in  that city fiscal year which is allocable to such housing units  and (ii) the expense of all direct and indirect costs  of  operation  of  such housing units. From such receipts the city university shall account  for and pay to the fund an amount equal to the portion of the rentals to  be  paid to the dormitory authority by the fund in that city fiscal year  which is allocable to such housing units, and the fund  shall  pay  such  amount  to  the  dormitory  authority  in accordance with its agreements  therewith. The estimated amount of rentals  allocable  to  such  housing  units shall be separately stated from the amount required to be included  in  the city university construction fund's report submitted pursuant to  clause  three  of  subdivision  seven  of  section   sixty-two   hundred  seventy-four  of  this  article  and shall not be included in the amount  equal to the aggregate of all rentals and such other payments due to the  dormitory authority from the fund of which the state and city  are  eachobligated  to  pay  to  the  fund one-half pursuant to section sixty-two  hundred seventy-nine of this article.    (d)  Any  pledge  of  or  other security interest in moneys, earnings,  income, revenues, accounts,  contract  rights,  general  intangibles  or  other personal property, or any other resources held, made or created by  the  fund  or  on its behalf by any duly authorized officer, employee or  agent thereof including the comptroller of the city  of  New  York  when  acting  as  agent  pursuant  to  this  article or by any other person to  secure such person's obligations to the fund, shall  be  valid,  binding  and  perfected from the time when such pledge or other security interest  attaches, without any physical delivery of  the  collateral  or  further  act.  The  lien  of  any such pledge or other security interest shall be  valid, binding and perfected as against all parties having claims of any  kind in tort, contract or otherwise against  the  fund  irrespective  of  whether  or not such parties have notice thereof. No instrument by which  such a pledge or other security interest is created  nor  any  financing  statement  need  be  recorded  or  filed.  This  subdivision shall apply  notwithstanding the provisions of the uniform commercial code.