State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28 > 2614

§  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 andshall 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 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.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28 > 2614

§  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 andshall 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 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28 > 2614

§  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 andshall 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 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.