New York Laws
Title 28 - New York State Olympic Regional Development Authority
2614 - Agreements With the State.

(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.