§ 2612 — Agreement with the park district

§ 2612. Agreement with the park district. 1. The specific terms of the\nagreement shall not exceed twenty years and shall be negotiated between\nthe authority and the park district with respect to all participating\nolympic facilities owned by the park district, and shall include but not\nbe limited to, the ski jump facilities located at Intervale and the\nspeed skating and arena complex located in the village of Lake Placid.\n 2. The agreement between the authority and the park district shall\nprovide the following:\n (a) The authority shall receive the participating olympic facility,\nincluding any personal property and equipment owned by the park district\nand used solely in connection therewith, which is the subject matter of\nthe agreement in its condition at the time of the commencement of the\nagreement.\n (b) The authority shall agree to continue to provide at the\nparticipating olympic facility the space, facilities and the level of\nlocal recreation, including youth sports training, promotion and\nprogramming, as was provided by the park district during the year\nimmediately preceding the execution of the agreement.\n (c) The authority shall comply with (1) all agreements existing on the\neffective date of this title affecting the participating olympic\nfacility, provided such existing agreements are listed in the agreement\nwith the park district, and (2) all agreements entered into by the park\ndistrict after the effective date of this title which affect the\nparticipating olympic facility, provided such agreements are first\napproved by the director of the budget.\n (d) Upon termination of the agreement, the personal property,\nincluding replacements and/or substitutions therefor, which is owned by\nthe authority and used solely in connection with the participating\nolympic facility which is the subject matter of the agreement shall pass\nto and be vested in the park district. Such personal property shall be\naccepted by the park district in its condition at the time of such\ntermination.\n (e) The authority shall maintain and keep the participating olympic\nfacility, including the personal property and equipment used solely in\nconnection therewith, in good repair, provided that the authority shall\nnot be required to repair any damage to the participating olympic\nfacility, including the personal property and equipment used solely in\nconnection therewith, existing at the time the authority enters into the\nagreement unless funds are made available to the authority therefor.\n (f) The authority may make improvements to the participating olympic\nfacility to the extent that federal funds are made available for such\npurpose.\n (g) The authority may terminate its agreement with the park district\nif the park district fails to carry out all of the provisions of the\nagreement or fails to appropriate and pay (1) in the first full fiscal\nyear of the authority following the execution of the agreement an amount\nto be agreed upon by the park district and the authority, which amount\nshall be equal to the total cost of operating the participating olympic\nfacility which is the subject matter of the agreement in the first full\nfiscal year of the park district immediately preceding execution of the\nagreement, less all income received by the park district from the\noperation of the participating olympic facility in such year; and (2) in\neach fiscal year thereafter an amount equal to the appropriation made to\nthe authority as provided in subparagraph one of this paragraph in the\nfirst full fiscal year following execution of the agreement, plus such\namount multiplied by the percentage increase of the park district's full\ntax assessment of real property within its taxing district for the\nfiscal year for which the appropriation is made over the full tax\nassessment in the first full fiscal year following execution of the\nagreement.\n (h) The park district and the authority shall agree on the dates that\nthe park district shall provide such appropriation to the authority.\n (i) The park district may terminate its agreement with the authority\nif the park district fails to approve the budget of the authority as it\npertains to the operation of participating olympic facilities or if the\nstate fails to appropriate and pay funds as provided in paragraph (g) of\nsubdivision two of section twenty-six hundred fourteen of this title.\n