NY Pub Auth L § 2614 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 28 - New York State Olympic Regional Development Authority 2614 - Agreements With the State.

§  2614.  Agreements  with  the  state.  1. The specific terms of each agreement shall be negotiated between the authority and any state agency which administers or supervises a participating olympic  facility  owned by the state of New York.   2. Each such agreement shall provide the following:  (a)  The  authority  shall receive the participating olympic facility, including the personal property and equipment used solely in  connection therewith,  which  is  the  subject  matter  of  this  agreement  in its condition at the time of the commencement of the agreement.  (b)  The  authority  shall  agree  to  continue  to  provide  at   the participating  olympic  facility  the space, facilities and the level of public  recreation,  including  youth  sports  training,  promotion  and programming, as was provided by the state agency operating said facility during the year immediately preceding the execution of the agreement.  (c)  The  authority  shall  comply with all agreements executed by the state affecting the participating olympic facility existing at the  time the  authority  enters  into the agreement with the state, provided such existing agreements are listed in the agreement with the state.  (d)  Upon  termination  of  the  agreement,  the  personal   property, including  replacements and/or substitutions therefor, which is owned by the authority and used  solely  in  connection  with  the  participating olympic facility which is the subject matter of the agreement shall pass to  and be vested in the state. Such personal property shall be accepted by the state in its condition at the time of such termination.  (e) The authority shall maintain and keep  the  participating  olympic facility,  including  the personal property and equipment used solely in connection therewith, in good repair, provided that the authority  shall not  be  required  to  repair  any  damage  to the participating olympic facility, including the personal property and equipment used  solely  in connection therewith, existing at the time the authority enters into the agreement unless funds are made available to the authority therefor.  (f)  The  authority may make improvements to the participating olympic facility to the extent that federal funds are made  available  for  such purpose.  (g)  The  authority may terminate its agreement with the state, if the state fails to carry out all of the provisions of the agreement or fails to appropriate and pay in each fiscal year of the state commencing  with the  fiscal year beginning April first, nineteen hundred eighty-two, the amount expended by the department of environmental conservation for  the operation  of  the  olympic  facilities  in  the fiscal year immediately preceding the execution of said agreement, plus an amount supplied by  a formula  to  be  agreed  upon  by  the  parties  which  will reflect the legitimate and necessary net cost increases which  may  occur  over  the life of such agreement.  (h)  The  state  may terminate its agreement with the authority if the director of the budget shall not approve the budget of the authority  or if  the  park district fails to appropriate and pay funds as provided in subparagraphs one and two of paragraph (g) of subdivision two of section twenty-six hundred twelve of this title.  (i) To the extent the authority  is  not  covered  by  insurance,  the authority shall be held harmless by the state for any and all claims for damages or injuries arising out of the operation by the authority of any participating olympic facility owned by the state.   3.  The authority shall enter into an agreement with the department of environmental conservation for the authority to  operate,  maintain  and manage  the  Gore  Mountain ski center located in the town of Johnsburg, county of Warren,  state  of  New  York.  The  specific  terms  of  such agreement  shall  be  negotiated by the authority and the department and  shall include those provisions set forth  in  subdivision  two  of  this section for inclusion in agreements with the state. Such agreement shall also provide that the authority may terminate the agreement if the state fails  to  appropriate  and  pay  to  the  olympic  regional development authority for the  five  consecutive  fiscal  years  from  April  first, nineteen  hundred  eighty-five,  through  March  thirty-first,  nineteen hundred ninety for the operation of Gore Mountain, an  amount  at  least equal  to the amount of funds appropriated and paid to the authority for the operation of Gore Mountain ski center for the  fiscal  year  of  the state  beginning  April  first,  nineteen  hundred  eighty-four, plus an amount supplied by the formula agreed to  by  the  parties  pursuant  to paragraph  (g)  of subdivision two of this section. All of the powers of the authority provided by this title or any other law,  including  those pertaining   to   participating   olympic  facilities,  shall  apply  in connection with such agreement and the operation and management  of  the Gore Mountain ski center.   4.  The authority shall enter into an agreement with the department of environmental conservation for the authority to  operate,  maintain  and manage  the Belleayre Mountain ski center located in Ulster and Delaware counties, state of New York. The specific terms of such agreement  shall be  negotiated  by  the  authority  and the department and shall include those provisions set forth  in  subdivision  two  of  this  section  for inclusion  in  agreements  with  the state. Such agreement shall include provisions  to  assure  the  continued  viability  of  Belleayre  as  an attractive  year-round tourist destination by, at a minimum, maintaining a level  of  capital  investment,  maintenance  and  operating  support, consistent with the historical operating support, capital investment and maintenance  provided  by  the department at Belleayre so that Belleayre Mountain ski center may  be  operated,  maintained  and  improved  in  a similar  manner  to  that of Whiteface and Gore Mountain ski centers. In addition, such agreement shall  include  provisions  ensuring  that  the authority  dedicate  and utilize, for the operation, capital support and maintenance of Belleayre Mountain ski center: funds appropriated for the operation, maintenance and/or improvements  of  Belleayre  Mountain  ski center,  revenue  received  as a result of Belleayre Mountain ski center operations, and monies received  or  intended  from  other  sources  and accounts that are intended for Belleayre Mountain ski center. All powers of  the  authority  provided  by  this title or any other law, including those pertaining to participating olympic  facilities,  shall  apply  in connection  with  the operation and management of the Belleayre Mountain ski center.   5. The authority is hereby authorized to enter into an agreement  with the  town  of  Johnsburg, Warren county to operate and manage town-owned ski and recreational facilities on  town  property  in  such  town.  The specific  terms  of  such agreement shall be negotiated by the authority and the town and shall include those provisions set forth in subdivision two of this section for inclusion in such agreement with the  town.  All of  the powers of the authority provided by this title or any other law, including those pertaining to participating  olympic  facilities,  shall apply in connection with such agreement and the operation and management of such facilities.