N.Y. Comp. Codes R. & Regs. tit. 9 § 389.2

Current through Register Vol. 46, No. 36, September 4, 2024

Section 389.2 - Resident curator program

(a) Purpose of this section.

(1) There is established within the office a resident curator program to encourage investment, restoration and occupancy of certain buildings which currently serve no park-related purpose and which, if they remain unoccupied, are at risk of progressive deterioration. Buildings identified under the resident curator program have been determined by the office to be obsolete for purposes of advancing the core mission of the office and are better suited for rehabilitation and residential use.

(2) Pursuant to the provisions of this section, responsible individuals will be invited to rehabilitate buildings under the jurisdiction of the office for the purpose of residential occupancy.

(b) Definitions.

(1) "Resident curator" means an individual who enters into a lease with the office to rehabilitate and maintain certain property, which may include buildings or structures and surrounding land in exchange for oc- cupancy of the property.

(2) "Responsible individual" means a person qualified as a respon- sible vendor under State procurement guidelines and who demonstrates the skills, knowledge, interest, and financial means to invest in, occupy, and improve the property; and who demonstrates interests compatible with the mission of the office as well as a desire to work in a partnership with the office.

(3) "Work plan" means the schedule for improvements to the subject property, estimated budget, sources of funding, a list of required approv- als, and any similar information submitted by an applicant in response to the request for proposals (RFP) issued by the office.

(c) Criteria for selection of a resident curator.

(1) Evaluation criteria. The office shall evaluate proposals from responsible individuals using the criteria described in the RFP and the following:

(i) Compatibility of proposed rehabilitation concept. The proposed concept for rehabilitation and work plan for the improvements to the prop- erty shall be compatible with the office's mission and management of the state park where the property is located, the surrounding environment, and the historic character of the property, and shall consider the use of environmentally sustainable products and practices in rehabilitation, maintenance, and management.

(ii) Feasibility of work plan. The proposed work plan and concept for rehabilitation must be feasible in light of proposed capital investments and capable of being performed within the lease term as determined by the office.

(iii) Experience and qualifications. An applicant shall demonstrate the appropriate experience and qualifications and/or access to resources required to undertake, implement, and supervise the work plan as well as maintain the property and improvements for the duration of the lease as determined by the office.

(iv) Financial capability. The work plan shall demonstrate ade- quate sources of funding to finance the schedule of improvements, and to maintain adequate insurance coverage throughout the duration of the lease. Additionally, the applicant shall be capable of paying all fees or other costs, including any permit fees, maintenance costs, and utility charges, which may arise under the lease.

(d) Criteria for establishing length of lease term and amount of rent. Length of lease term and Rent. The length of the lease shall take into account the financial investment proposed by the resident curator, and the amount of time required to complete the rehabilitation of the property.

The term of any lease shall not exceed forty years. Rent, which may be nominal, and length of term shall reflect estimated post-renovation market value and capital investments by the resident curator, and shall consider geographic location, future maintenance obligations and other considerations.

(e) Criteria for use and restrictions of the leased property.

(1) The only allowable use for the property shall be as a single family residence.

(2) Restrictions on use of the property:

(i) All work on historic structures shall comply with the Secretary of the Interior's Standards for Rehabilitation;

(ii) No work shall be performed on the property or a specific build- ing or structure without the resident curator having first obtained or caused to be obtained all relevant permits and approvals from the office and state and/or federal agencies, as required by law;

(iii) No work shall be performed on the property until the resident curator has provided evidence of satisfactory insurance coverage to the office;

(iv) No occupancy of any building shall occur until a certificate of occupancy or other relevant approval is obtained and the resident curator has provided evidence of satisfactory insurance coverage to the office;

(v) The assignment, sub-lease, including any sub-lease via any for "rent by owner," transfer, conveyance, or disposal of the resident curator's lease interest in the property in whole or in part is prohibited, except where specifically approved in writing by the Commissioner;

(vi) The property shall not be used as security for any debt.

(3) The resident curator shall document the rehabilitation work and improvements to the property and make this information available to the public in a manner approved by the office.

(4) The office shall determine whether there shall be public access to the leased premises, and if so, such determination shall be documented in the lease.

(5) Upon termination of any lease executed pursuant to this section, full use and enjoyment of the property reverts automatically to the State.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 389.2

Adopted, New York State Register April 22, 2015/Volume XXXVII, Issue 15, eff.4/22/2015