Relates to an additional reuse and consolidation project for the United Nations

Summary of provisions

Section 1 authorizes the City to discontinue the use as parkland of the western portion (an area of 0.6623 acres) of the Robert Moses Playground (the "Western RMP Portion") located between Forty-first and Forty-second Streets on the east side of First Avenue in Manhattan, as described in the act, and to use the same or sell, lease or otherwise transfer the same to the United Nations Development Corporation (the "UNDC") for purposes consistent with the UNDC's enabling legislation, as amended, including as amended by this act. The authorization for alienation of the Western RMP Portion will take effect only if the conditions set forth in Section 2 of this act are satisfied.

Section 2 provides that the authorization granted in Section 1 of this act for the alienation of the Western RMP Portion will take effect only if the MOU is completed and signed as provided in the act and the City satisfies obligations to be described in the MOU that are required under the MOU to be satisfied prior to such alienation. Any obligations of the City set forth in the MOU and required to be satisfied after such alienation, shall, to the extent stated in the MOU, survive such alienation and be enforceable against the City with the same effect as if included in the act. Persons described in the MOU as having standing to pursue equitable remedies against the City to enforce the City's obligations as described in the MOU shall have standing to pursue those equitable remedies. The preceding will not limit any other remedies that may be available as provided in the MOU.

The act provides for the MOU to be signed by the Mayor of the City, the Temporary President of the New York State Senate and the Speaker of the New York State Assembly, after consultation with the members of the Senate, the Assembly, and the City Council whose districts include the area in which the Robert Moses Playground is located. The MOU would, among other matters: (i) identify the extent of, the sources for, and the procedures applicable to funding for parkland and other recreational space in Manhattan to replace the Western RMP Portion; (ii) provide for the City to designate and map other parkland in Manhattan that would, together with parkland that the City designates and maps pursuant to Section 3 of the act, have a value in the aggregate at least equal to the value of the Western RMP Portion; (iii) provide for the City to take possession of and rehabilitate the ConEd Waterside Pier between Thirty-eighth and Forty-first Streets on the east side of Manhattan, and provide for the prior user of that area to make a payment to the City for such rehabilitation; and (iv) provide for a portion of amounts available to the City in the future in the event of an ownership transfer, by sale or otherwise, or a refinancing involving the existing buildings at One and Two United Nations Plaza (First Avenue) in Manhattan, to be directed toward the costs of a continuous walkway and bike path along the East River or the costs of other parkland.

Section 3 authorizes the City, acting by the Mayor alone, to take such administrative and other actions, all of which are deemed ministerial, to demap, discontinue and close the part of the public streets of the City known as Asser Levy Place (an area of approximately 0.6267 acres) in Manhattan, and to designate and map such area as parkland, provided that the MOU is completed and signed as provided in the act and the City satisfies obligations described in the MOU that are required under the MOU to be satisfied prior to the provisions of Section 3 being effective.

Sections 4 through 10 amend the UNDC's 1968 enabling legislation, except that the amendments have no effect unless and until the MOU is completed and signed as provided in the act and certain other conditions as specified in the act are satisfied.

Sections 4 and 4-a amend the UNDC's enabling legislation to define the "United Nations 42nd Street Consolidation Project," referred to in this Summary of Provisions as the "Consolidation Project." The definition of a development plan in the UNDC's enabling legislation is updated to include the Consolidation Project, and to define an "additional reuse project" consisting of the possible future acquisition and renovation by the UNDC of the "UNIT AR" building, located at 45th Street and United Nations Plaza and currently owned and occupied by the United Nations (the "UN"). As part of the Consolidation Project, the UNDC is authorized to cooperate with and assist the City in the planning for, and paying the costs of, parkland replacement for the Western RMP Portion.

Section 5 amends the UNDC's enabling legislation to establish and add a definition of the "United Nations 42nd Street consolidation area." This area includes the Western RMP Portion, which is uniquely suited for use by the UN and which would be the site for the building permitted to be constructed as part of the Consolidation Project,

referred to in this Summary of Provisions as the "Consolidation Building." The Western RMP Portion does not include the dog run or the basketball and handball courts located at the eastern portion of the Robert Moses Playground. The Consolidation Building could not exceed the height of the existing UN Secretariat Building and could not include more than 900,000 square feet of floor area.

Section 6 amends the UNDC's enabling legislation to update certain provisions describing the UNDC's powers (such as replacing an obsolete reference to the New York City Board of Estimate with a reference to the City Council), without increasing or diminishing those powers, except to provide that requirements under the New York State Finance Law for public bidding are not to be applied to restrict the UNDC's pre-qualification of bidders for purposes of the Consolidation Project. The UNDC would not be permitted to carry out the development plan for the Consolidation Project unless and until the MOU is completed and signed and the development plan is approved by the City Planning Commission and the City Council pursuant to the City's Uniform Land Use Review Procedure ("ULURP") under the City Charter.

Section 7-a amends the UNDC's enabling legislation to provide for review pursuant to ULURP of the development plan for the Consolidation Project and possibly for the additional reuse project. Approval of the development plan for the Consolidation Project would include, without limitation, land use review authorization for any disposition by the City of any and all land or other rights, including the Western RMP Portion, for purposes of such development plan and land use review authorization for any demapping, discontinuing and closing by the City of any and all volumes of space and any other portions of any public streets for such purposes. The UNDC would not be permitted to carry out the development plan for the Consolidation Building unless and until the MOU is completed and signed and the development plan is approved pursuant to ULURP.

Section 8 amends the UNDC's enabling legislation to authorize the City, acting by the Mayor alone, but subject to approval of the development plan for the Consolidation Project pursuant to ULURP as referred to above and completion and signature of the MOU as provided in the act, to sell, lease for a term not exceeding 99 years, or otherwise transfer land or other real property included within the United Nations 42nd Street consolidation project to the UNDC for purposes of carrying out such development plan.

Section 9 amends the UNDC's enabling legislation to provide that the land, buildings, and other improvements included as part of the Consolidation Project will be subject to real property taxation, unless owned by the City and leased to the UNDC for not more than 99 years, with an agreement by the UNDC to pay the City or its designee amounts in lieu of real estate taxes, which payments the City or its designee will be authorized to pledge, on terms satisfactory to the City, acting by the Mayor alone, as security for the financing of the Consolidation Project.

Section 10 amends the UNDC's enabling legislation to confirm that the area within the United Nations 42nd Street consolidation area on which UNDC may construct the Consolidation Building is limited to the

Western RMP Portion, and also limits the height of the Consolidation Building to no greater than the height of the UN Secretariat Building and the floor area of the Consolidation Building to a maximum of 900,000 square feet.

Section 11 provides that the provisions of the MOU shall, to the extent stated therein, have the same effect as if they were included in the act, and that the provisions of this act will expire and be deemed repealed on October 10, 2011, if by that date, the MOU is not completed and signed as provided in the act.

Justification

This legislation provides authorization for the City, subject to the MOU required in the legislation and described above, in consultation with the legislative representatives of the affected community on the east side of Manhattan, and also subject in key respects to the City's existing land use review process, to take major steps toward addressing several important needs.

The United Nations requires an additional building adjacent to its existing campus in order to increase the security of its workers and visitors, and to consolidate its offices, which are currently spread among various buildings owned by the city or by private landlords. The continued presence of the United Nations in New York is of local, statewide, national, and international importance. Essential public purposes are served and significant economic activity and tax revenues are generated for the City and the State of New York, by providing for the facilities, space, and security needs of the United Nations permanent headquarters, which serves as a gathering place for the world community and the 192 United Nations member states.

If the MOU provided for in the legislation and described above is signed by October 10, 2011 this legislation would alienate a portion of the public parkland located on part of a city block immediately south of the United Nations, and authorize the land to be transferred to the UNDC, and provide the authorizations necessary for the UNDC and the City to facilitate the construction of the new building needed by the United Nations.

In addition to benefitting the United Nations, generating substantial economic activity, and ensuring that revenue from the presence of the United Nations continues to flow to the City and State, this legislation creates the opportunity to provide resources necessary to fund and build greater public recreational access to the East River waterfront-a major step toward completing the greenway around Manhattan-and increase the limited open space in the area.

Legislative history

This is a new bill.

Fiscal impact

To be determined.

Effective date

This act shall take effect immediately, and if and when the memorandum of understanding is completed and signed as

provided in section two of this act, the provisions thereof shall, to the extent stated therein, have the same effect as if they were included in this act; provided, that the mayor of the city of New York shall notify the legislative bill drafting commission upon the completion and signing of the memorandum of understanding as provided in section two of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Notwithstanding the foregoing, the provisions of this act shall expire and be deemed repealed if on or before October 10, 2011, the memorandum of understanding has not been completed and signed as provided in section two of this act.