2023 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.