§ 1358. Grants from commissioner of general services. 1. The\ncommissioner of general services shall have power, in his discretion,\nfrom time to time to transfer and convey to the authority for such\nconsideration as may be determined by him to be paid to the state of New\nYork, unappropriated state lands and lands under water which the\nauthority shall certify to be necessary or desirable for the corporate\npurposes of the authority, and may, when the barge canal terminal and\nbarge canal terminal lands in the city of Oswego become no longer\nnecessary or useful for canal or terminal purposes, lease for a term or\nterms of years or convey said barge canal terminal and barge canal\nterminal lands as hereinafter described, to the authority for such\nconsideration as may be determined by him to be paid to the people of\nthe state of New York and upon the terms and conditions set forth in\nthis act.\n 2. There is hereby ratified and confirmed in and to the authority\ntitle to the barge canal terminal and barge canal terminal lands\ndescribed herein, conveyed to said authority by letters patent dated\nSeptember tenth, nineteen hundred fifty-eight, pursuant to resolutions\nof the board of commissioners of the land office adopted July\ntwenty-ninth, nineteen hundred fifty-eight, and September tenth,\nnineteen hundred fifty-eight, subject to the conditions set forth in\nsaid letters patent and in this title.\n 3. The authority shall establish and maintain a port facilities\ndevelopment fund and shall cause all moneys received by it from the\noperation of such port facilities to be deposited in such fund for the\npayment of all costs of operation, maintenance and repair of the port\nfacilities and the repayment to the people of the state of New York of\nany advance made by the state to the authority, which repayment to the\npeople of the state of New York shall not exceed in any one year fifty\nper cent of the moneys received by the authority in excess of the costs\nof operation, maintenance and repair of said port facilities.\n 4. Upon the issuance of said lease or grant by the commissioner of\ngeneral services pursuant to this act the authority shall assume all\nexpense of or incidental to the operation, maintenance, repair and\nadministration of said port facilities.\n 5. Except as to moneys and rates accrued thereunder at the time of\nvesting in the authority all the right, title and interest of the state\nin and to said port facilities as herein provided, and as incident\nthereto, there shall also vest in the authority all the right, title and\ninterest of the state in and to and in connection with the following\ncontracts, agreements and permits with third persons: (a) any and all\nexecutory contracts, agreements and permits for the use of said port\nfacilities by third persons as tenants, licensees, or otherwise, or for\nthe docking, mooring or anchorage thereat of vessels owned by third\npersons, or for the loading, unloading, handling, storage, processing or\nmanipulation of grain, freight, or other property of third persons, or\nfor the rendering of any other services to third persons at said pier\nproperties as wharfinger or warehouseman or otherwise; (b) any and all\nexecutory contracts and agreements for the furnishing by third persons\nof electricity, gas, steam, water or telephone service at said port\nfacilities.\n 6. The authority shall not grant or convey title to said port\nfacilities to any person or legal entity other than the people of the\nstate of New York.\n 7. If the authority shall violate any of the conditions herein set\nforth or such other conditions as the board of commissioners of the land\noffice heretofore included in any lease or grant of said port facilities\nor any other conditions as the office of general services may include in\nany lease or grant of said port facilities and such violation of any of\nsaid conditions shall not have been remedied by the authority within\nninety days after th
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