NY Pub Auth L § 2612 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 28 - New York State Olympic Regional Development Authority 2612 - Agreement With the Park District.

§ 2612. Agreement with the park district. 1. The specific terms of the agreement  shall not exceed twenty years and shall be negotiated between the authority and the park district with respect  to  all  participating olympic facilities owned by the park district, and shall include but not be  limited  to,  the  ski  jump facilities located at Intervale and the speed skating and arena complex located in the village of Lake Placid.   2. The agreement between the authority and  the  park  district  shall provide the following:  (a)  The  authority  shall receive the participating olympic facility, including any personal property and equipment owned by the park district and used solely in connection therewith, which is the subject matter  of the  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 local  recreation,  including  youth  sports  training,  promotion   and programming,  as  was  provided  by  the  park  district during the year immediately preceding the execution of the agreement.  (c) The authority shall comply with (1) all agreements existing on the effective  date  of  this  title  affecting  the  participating  olympic facility,  provided such existing agreements are listed in the agreement with the park district, and (2) all agreements entered into by the  park district  after  the  effective  date  of  this  title  which affect the participating olympic  facility,  provided  such  agreements  are  first approved by the director of the budget.  (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 park district. Such personal property  shall  be accepted  by  the  park  district  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 park district if the park district fails to carry out all of  the  provisions  of  the agreement  or  fails to appropriate and pay (1) in the first full fiscal year of the authority following the execution of the agreement an amount to be agreed upon by the park district and the authority,  which  amount shall  be equal to the total cost of operating the participating olympic facility which is the subject matter of the agreement in the first  full fiscal  year of the park district immediately preceding execution of the agreement, less all income  received  by  the  park  district  from  the operation of the participating olympic facility in such year; and (2) in each fiscal year thereafter an amount equal to the appropriation made to the  authority  as provided in subparagraph one of this paragraph in the first full fiscal year following execution of the agreement,  plus  such amount multiplied by the percentage increase of the park district's full tax  assessment  of  real  property  within  its taxing district for the fiscal year for which the  appropriation  is  made  over  the  full  tax  assessment  in  the  first  full  fiscal year following execution of the agreement.  (h)  The park district and the authority shall agree on the dates that the park district shall provide such appropriation to the authority.  (i) The park district may terminate its agreement with  the  authority if  the park district fails to approve the budget of the authority as it pertains to the operation of participating olympic facilities or if  the state fails to appropriate and pay funds as provided in paragraph (g) of subdivision two of section twenty-six hundred fourteen of this title.