§ 2614 — Agreements with the state

§ 2614. Agreements with the state. 1. The specific terms of each\nagreement shall be negotiated between the authority and any state agency\nwhich administers or supervises a participating olympic facility owned\nby the state of New York.\n 2. Each such agreement shall provide the following:\n (a) The authority shall receive the participating olympic facility,\nincluding the personal property and equipment used solely in connection\ntherewith, which is the subject matter of this agreement in its\ncondition at the time of the commencement of the agreement.\n (b) The authority shall agree to continue to provide at the\nparticipating olympic facility the space, facilities and the level of\npublic recreation, including youth sports training, promotion and\nprogramming, as was provided by the state agency operating said facility\nduring the year immediately preceding the execution of the agreement.\n (c) The authority shall comply with all agreements executed by the\nstate affecting the participating olympic facility existing at the time\nthe authority enters into the agreement with the state, provided such\nexisting agreements are listed in the agreement with the state.\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 state. Such personal property shall be accepted\nby the state in its condition at the time of such termination.\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 state, if the\nstate fails to carry out all of the provisions of the agreement or fails\nto appropriate and pay in each fiscal year of the state commencing with\nthe fiscal year beginning April first, nineteen hundred eighty-two, the\namount expended by the department of environmental conservation for the\noperation of the olympic facilities in the fiscal year immediately\npreceding the execution of said agreement, plus an amount supplied by a\nformula to be agreed upon by the parties which will reflect the\nlegitimate and necessary net cost increases which may occur over the\nlife of such agreement.\n (h) The state may terminate its agreement with the authority if the\ndirector of the budget shall not approve the budget of the authority or\nif the park district fails to appropriate and pay funds as provided in\nsubparagraphs one and two of paragraph (g) of subdivision two of section\ntwenty-six hundred twelve of this title.\n (i) To the extent the authority is not covered by insurance, the\nauthority shall be held harmless by the state for any and all claims for\ndamages or injuries arising out of the operation by the authority of any\nparticipating olympic facility owned by the state.\n 3. The authority shall enter into an agreement with the department of\nenvironmental conservation for the authority to operate, maintain and\nmanage the Gore Mountain ski center located in the town of Johnsburg,\ncounty of Warren, state of New York. The specific terms of such\nagreement shall be negotiated by the authority and the department and\nshall include those provisions set forth in subdivision two of this\nsection for inclusion in agreements with the state. Such agreement shall\nalso provide that the authority may terminate the agreement if the state\nfails to appropriate and pay to the olympic regional development\nauthority for the five consecutive fiscal years from April first,\nnineteen hundred eighty-five, through March thirty-first, nineteen\nhundred ninety for the operation of Gore Mountain, an amount at least\nequal to the amount of funds appropriated and paid to the authority for\nthe operation of Gore Mountain ski center for the fiscal year of the\nstate beginning April first, nineteen hundred eighty-four, plus an\namount supplied by the formula agreed to by the parties pursuant to\nparagraph (g) of subdivision two of this section. All of the powers of\nthe authority provided by this title or any other law, including those\npertaining to participating olympic facilities, shall apply in\nconnection with such agreement and the operation and management of the\nGore Mountain ski center.\n 4. The authority shall enter into an agreement with the department of\nenvironmental conservation for the authority to operate, maintain and\nmanage the Belleayre Mountain ski center located in Ulster and Delaware\ncounties, state of New York. The specific terms of such agreement shall\nbe negotiated by the authority and the department and shall include\nthose provisions set forth in subdivision two of this section for\ninclusion in agreements with the state. Such agreement shall include\nprovisions to assure the continued viability of Belleayre as an\nattractive year-round tourist destination by, at a minimum, maintaining\na level of capital investment, maintenance and operating support,\nconsistent with the historical operating support, capital investment and\nmaintenance provided by the department at Belleayre so that Belleayre\nMountain ski center may be operated, maintained and improved in a\nsimilar manner to that of Whiteface and Gore Mountain ski centers. In\naddition, such agreement shall include provisions ensuring that the\nauthority dedicate and utilize, for the operation, capital support and\nmaintenance of Belleayre Mountain ski center: funds appropriated for the\noperation, maintenance and/or improvements of Belleayre Mountain ski\ncenter, revenue received as a result of Belleayre Mountain ski center\noperations, and monies received or intended from other sources and\naccounts that are intended for Belleayre Mountain ski center. All powers\nof the authority provided by this title or any other law, including\nthose pertaining to participating olympic facilities, shall apply in\nconnection with the operation and management of the Belleayre Mountain\nski center.\n 5. The authority is hereby authorized to enter into an agreement with\nthe town of Johnsburg, Warren county to operate and manage town-owned\nski and recreational facilities on town property in such town. The\nspecific terms of such agreement shall be negotiated by the authority\nand the town and shall include those provisions set forth in subdivision\ntwo of this section for inclusion in such agreement with the town. All\nof the powers of the authority provided by this title or any other law,\nincluding those pertaining to participating olympic facilities, shall\napply in connection with such agreement and the operation and management\nof such facilities.\n