N.Y. Public Authorities Law § 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.