N.Y. Public Authorities Law § 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.