New York Laws
Article 10 - New York City Educational Construction Fund
452 - Definitions.

§ 452. Definitions. As used or referred to in this article, unless a
different meaning clearly appears from the context:

1. "Board" or "board of education" shall mean the chancellor or deputy
chancellor of the city school district of the city of New York, except
for the purposes of section four hundred fifty-three of this chapter.

2. "Bonds" and "notes" shall mean bonds and notes respectively, issued
by the fund pursuant to this article.

3. "City" shall mean the city of New York.

4. "City agency" shall mean any officer, administration, department,
board, commission, bureau, division, agency or instrumentality of the
city of New York.

5. "Combined occupancy structure" shall mean any improvement on real
property or any interests therein or thereto, including fee interest,
easements, space rights or air rights, containing school accommodations
or other facilities of the board of education of the city of New York in
combination with other compatible and lawful non-school uses designed
and intended to increase, from both a planning and an economic
viewpoint, the efficient utilization of available land areas. A combined
occupancy structure shall also include a structure in a project or
development under the auspices of the fund wherein non-school portions
of structures placed upon the overall site are not built in space rights
over the school portion, so long as some part of the non-school portion
is constructed over or under any part of the school portion of the
development.

6. "Commissioner of education" shall mean the commissioner of
education of the state of New York.

7. "Comptroller" or "city comptroller" shall mean the comptroller of
the city of New York.

8. "Corporation counsel" shall mean the corporation counsel of the
city of New York.

9. "Developer" shall mean and include any private individual,
partnership, trust or private or public corporation approved by the
board of education as being qualified and eligible to enter into one or
more leases, subleases or other agreements with the fund providing for
the construction, acquisition, reconstruction, rehabilitation or
improvement of one or more combined occupancy structures; which
agreements shall be subject to approval by the board of education.

10. "Director of management and budget" or "city director of
management and budget" shall mean the director of management and budget
of the city of New York.

11. "Finance commissioner" or "city finance commissioner" shall mean
the commissioner of finance of the city of New York.

12. "Fund" shall mean the corporate governmental agency created by
section four hundred fifty-three of this article.

13. "Governor" shall mean the governor of the state of New York.

14. "Letting agency" shall mean and include the board of education or
any other city agency which by agreement with the fund is to award the
contracts for a particular construction, reconstruction, rehabilitation
or improvement; or the fund itself, if it is to award such contracts.

14-a. "Maximum debt service reserve fund requirement" shall mean the
amount of money required to be deposited in a debt service reserve fund
authorized by section four hundred sixty-two hereof established pursuant
to a resolution of the fund.

15. "Mayor" shall mean the mayor of the city of New York.

15-a. "Owner" shall mean and include any private individual,
partnership, trust or private or public corporation, taking possession
of the non-school portion of a combined occupancy structure pursuant to

a lease, sub-lease, conveyance or other agreement, or acquiring fee
title to or a leasehold or other interest in such non-school portion.

16. "Planning commission" shall mean the planning commission of the
city of New York.

17. "Real property" shall mean lands, waters, rights in lands or
waters, structures, franchises and interests in land, including air or
space rights, and any and all other things and rights usually included
within the same term and includes also any and all interests in such
property less than full title, such as easements permanent or temporary,
rights-of-way, uses, leases, licenses and all other incorporeal
hereditaments in every estate, interest or right, legal or equitable.

18. "School building" shall mean a separate structure entirely devoted
to use and occupancy for public school purposes; including incidental
and appurtenant recreational and other facilities.

19. "School portion" or "school portion of combined occupancy
structure" shall mean that portion of a combined occupancy structure
designed, constructed, reconstructed, rehabilitated or improved for use
and occupancy for public school purposes; including the real property to
be used in connection therewith together with incidental and appurtenant
recreational and other facilities.

20. "State" shall mean the state of New York.