State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-k

§   1285-k.   Financing  of  the  design,  acquisition,  construction,  improvement and installation of Riverbank Park. In order  to  effectuate  the  purposes  of  this  title, the corporation shall have the following  additional special powers:    1. Notwithstanding the provisions of any  law  to  the  contrary,  the  corporation  and  any  state  agency,  subject  to  the  approval of the  director of the budget, may enter into  a  contract  for  financing  the  design,  acquisition,  construction, improvement and installation of all  or any portion of Riverbank Park,  for  and  on  behalf  of  such  state  agency;  and  the  corporation  and  any  state  agency may enter into a  contract, lease, easement, license or other instrument pursuant to which  the corporation  shall  make  all  or  any  portion  of  Riverbank  Park  available  to  such  agency,  for  use  as  a park. Any such contract or  contracts, lease, easement, license or other instrument  shall  be  upon  such  terms  and  conditions  as  the  corporation and the subject state  agency shall determine to be reasonable, including, but not limited  to,  the  payment  of, or reimbursement to the corporation for, (a) all costs  of the corporation in financing the design,  acquisition,  construction,  improvement  and  installation  of all or any portion of Riverbank Park,  and any claims arising therefrom, (b) all fees and other charges of, and  all expenses  incurred  by,  the  corporation  in  connection  with  the  issuance  and  administration  of  any  bonds  or  notes  issued  by the  corporation for such purpose, and (c)  amounts  sufficient  to  pay  all  principal,  premium,  if  any, and interest on such bonds or notes. Such  payment or reimbursement may be made annually or otherwise,  may  be  in  fixed  amounts  or based on any factors or other matters, or may be made  in any other manner, as such contract or contracts shall provide.    2. Any contract, lease, easement, license or other instrument  entered  into  by the corporation pursuant to subdivision one of this section may  be assigned or pledged by the corporation as security for its  bonds  or  notes  issued  for  the  purpose  of  financing the design, acquisition,  construction, improvement and installation of  all  or  any  portion  of  Riverbank Park.    3.  The  corporation,  any  state  agency, the city of New York or any  agency or instrumentality thereof, may enter into any leases, easements,  licenses, or other instruments, for  the  purpose  of  granting  to  the  corporation  any  interest  in real property which the corporation shall  deem necessary for the purpose of  financing  the  design,  acquisition,  construction,  improvement  and  installation  of  all or any portion of  Riverbank Park.    4. Notwithstanding the provisions of subdivision one of this  section,  any  contract, lease, easement, license or other instrument entered into  by the corporation with any state agency, pursuant to subdivision one of  this section, shall (a) provide that the obligation of the state or such  state agency to pay the amounts therein provided shall not constitute  a  debt  of the state within the meaning of any constitutional or statutory  provision, and (b) be deemed executory only to  the  extent  moneys  are  available,  and  provide  that the obligation of the state or such state  agency to make payments thereunder is subject to annual appropriation by  the legislature.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-k

§   1285-k.   Financing  of  the  design,  acquisition,  construction,  improvement and installation of Riverbank Park. In order  to  effectuate  the  purposes  of  this  title, the corporation shall have the following  additional special powers:    1. Notwithstanding the provisions of any  law  to  the  contrary,  the  corporation  and  any  state  agency,  subject  to  the  approval of the  director of the budget, may enter into  a  contract  for  financing  the  design,  acquisition,  construction, improvement and installation of all  or any portion of Riverbank Park,  for  and  on  behalf  of  such  state  agency;  and  the  corporation  and  any  state  agency may enter into a  contract, lease, easement, license or other instrument pursuant to which  the corporation  shall  make  all  or  any  portion  of  Riverbank  Park  available  to  such  agency,  for  use  as  a park. Any such contract or  contracts, lease, easement, license or other instrument  shall  be  upon  such  terms  and  conditions  as  the  corporation and the subject state  agency shall determine to be reasonable, including, but not limited  to,  the  payment  of, or reimbursement to the corporation for, (a) all costs  of the corporation in financing the design,  acquisition,  construction,  improvement  and  installation  of all or any portion of Riverbank Park,  and any claims arising therefrom, (b) all fees and other charges of, and  all expenses  incurred  by,  the  corporation  in  connection  with  the  issuance  and  administration  of  any  bonds  or  notes  issued  by the  corporation for such purpose, and (c)  amounts  sufficient  to  pay  all  principal,  premium,  if  any, and interest on such bonds or notes. Such  payment or reimbursement may be made annually or otherwise,  may  be  in  fixed  amounts  or based on any factors or other matters, or may be made  in any other manner, as such contract or contracts shall provide.    2. Any contract, lease, easement, license or other instrument  entered  into  by the corporation pursuant to subdivision one of this section may  be assigned or pledged by the corporation as security for its  bonds  or  notes  issued  for  the  purpose  of  financing the design, acquisition,  construction, improvement and installation of  all  or  any  portion  of  Riverbank Park.    3.  The  corporation,  any  state  agency, the city of New York or any  agency or instrumentality thereof, may enter into any leases, easements,  licenses, or other instruments, for  the  purpose  of  granting  to  the  corporation  any  interest  in real property which the corporation shall  deem necessary for the purpose of  financing  the  design,  acquisition,  construction,  improvement  and  installation  of  all or any portion of  Riverbank Park.    4. Notwithstanding the provisions of subdivision one of this  section,  any  contract, lease, easement, license or other instrument entered into  by the corporation with any state agency, pursuant to subdivision one of  this section, shall (a) provide that the obligation of the state or such  state agency to pay the amounts therein provided shall not constitute  a  debt  of the state within the meaning of any constitutional or statutory  provision, and (b) be deemed executory only to  the  extent  moneys  are  available,  and  provide  that the obligation of the state or such state  agency to make payments thereunder is subject to annual appropriation by  the legislature.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-k

§   1285-k.   Financing  of  the  design,  acquisition,  construction,  improvement and installation of Riverbank Park. In order  to  effectuate  the  purposes  of  this  title, the corporation shall have the following  additional special powers:    1. Notwithstanding the provisions of any  law  to  the  contrary,  the  corporation  and  any  state  agency,  subject  to  the  approval of the  director of the budget, may enter into  a  contract  for  financing  the  design,  acquisition,  construction, improvement and installation of all  or any portion of Riverbank Park,  for  and  on  behalf  of  such  state  agency;  and  the  corporation  and  any  state  agency may enter into a  contract, lease, easement, license or other instrument pursuant to which  the corporation  shall  make  all  or  any  portion  of  Riverbank  Park  available  to  such  agency,  for  use  as  a park. Any such contract or  contracts, lease, easement, license or other instrument  shall  be  upon  such  terms  and  conditions  as  the  corporation and the subject state  agency shall determine to be reasonable, including, but not limited  to,  the  payment  of, or reimbursement to the corporation for, (a) all costs  of the corporation in financing the design,  acquisition,  construction,  improvement  and  installation  of all or any portion of Riverbank Park,  and any claims arising therefrom, (b) all fees and other charges of, and  all expenses  incurred  by,  the  corporation  in  connection  with  the  issuance  and  administration  of  any  bonds  or  notes  issued  by the  corporation for such purpose, and (c)  amounts  sufficient  to  pay  all  principal,  premium,  if  any, and interest on such bonds or notes. Such  payment or reimbursement may be made annually or otherwise,  may  be  in  fixed  amounts  or based on any factors or other matters, or may be made  in any other manner, as such contract or contracts shall provide.    2. Any contract, lease, easement, license or other instrument  entered  into  by the corporation pursuant to subdivision one of this section may  be assigned or pledged by the corporation as security for its  bonds  or  notes  issued  for  the  purpose  of  financing the design, acquisition,  construction, improvement and installation of  all  or  any  portion  of  Riverbank Park.    3.  The  corporation,  any  state  agency, the city of New York or any  agency or instrumentality thereof, may enter into any leases, easements,  licenses, or other instruments, for  the  purpose  of  granting  to  the  corporation  any  interest  in real property which the corporation shall  deem necessary for the purpose of  financing  the  design,  acquisition,  construction,  improvement  and  installation  of  all or any portion of  Riverbank Park.    4. Notwithstanding the provisions of subdivision one of this  section,  any  contract, lease, easement, license or other instrument entered into  by the corporation with any state agency, pursuant to subdivision one of  this section, shall (a) provide that the obligation of the state or such  state agency to pay the amounts therein provided shall not constitute  a  debt  of the state within the meaning of any constitutional or statutory  provision, and (b) be deemed executory only to  the  extent  moneys  are  available,  and  provide  that the obligation of the state or such state  agency to make payments thereunder is subject to annual appropriation by  the legislature.