As used in this article, the following terms shall have the
meanings indicated:
POMONA COMPLEX
That property owned by the County, located at 50 Sanatorium
Road, Pomona, New York.
QUALIFIED NOT-FOR-PROFIT ENTITY
An entity that qualifies as a not-for-profit organization
under 26 U.S.C. § 501(c)(3). The entity must provide substantial
services to the residents of the County of Rockland pursuant to a
contract or memorandum receipt with the County government.
Should any requirement of this article expressly or by implication
conflict with New York State County Law § 215, the terms
of this article shall control.
All leases entered into under the authority of this article
must comport with the following conditions in addition to any other
conditions required by the County or negotiated between the County
and the tenant:
A. Calculation of rent. The sum of the rent must be no less than that
sufficient to fully offset the County's costs of operation of
said space. Such costs shall include, but not be limited to, the proportional
cost in relation to the area of the rental space, of: utilities (gas,
electric and water), debt service of principal and interest for bonds
secured by the leased premises, security for the premises, general
maintenance, including staff and overhead, and insurance.
B. Tenant responsibilities. All leases must contain terms that:
(1) Tenants shall provide liability insurance in an amount and with the
provisions required by the County; and
(2) Security deposits shall be required in an amount sufficient to protect
the County's interests in the event of a default lease or damage
to the property.
C. Termination of lease. Regardless of any other termination conditions,
all leases shall be terminable by the County upon:
(2) Thirty days' written notice; or
(3) Immediately upon the effective date of legislation declaring the
property to be required for public use, the rescission of the resolution
declaring the leased space not required for public use, or any other
legislation with similar effect.
The County Executive or any officer or agency of the executive
branch shall be responsible to manage the property.
The County Executive or the agency head delegated the responsibility
for activities under this article may promulgate such rules and regulations
and such fees as may be required to put this article into effect and
to manage the property.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.