Bill Text: NY A08299 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to defense and indemnification obligations relating to the Route 9A bikeway/Greenway adjacent to the Hudson river park.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-12-31 - VETOED MEMO.289 [A08299 Detail]

Download: New_York-2019-A08299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8299

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Cities

        AN ACT to amend the Hudson river park act, in relation  to  defense  and
          indemnification  obligations relating to the Route 9A bikeway/Greenway
          adjacent to the Hudson river park

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (b) of subdivision 3 of section 7 of chapter 592
     2  of the laws of 1998, constituting the Hudson river park act, as  amended
     3  by chapter 517 of the laws of 2013, is amended to read as follows:
     4    (b) Upon the coming into existence of the trust, it shall exercise its
     5  rights,  powers,  responsibilities,  and duties with respect to the park
     6  under this act. The state and the city of New York, each with respect to
     7  its real property in the park, shall expeditiously enter into agreements
     8  with the trust, whether by lease or otherwise, for a term not to  exceed
     9  99 years, provided that the state and city of New York shall extend such
    10  lease  or other agreements until March 31, 2112 pursuant to [this] chap-
    11  ter 517 of the laws of 2013 and to modify the insurance and indemnifica-
    12  tion provisions thereof such that the state and city, each to the extent
    13  of its ownership of the real property in the  park,  shall  provide  for
    14  insurance,  defense  and  indemnification  obligations  running from the
    15  state or city, as the case may be, to the trust in connection  with  and
    16  to  the  extent  of  any and all bodily injury or property damage claims
    17  alleged to occur on or relate to their respective real property  in  the
    18  park  and  to eliminate any obligations on the part of the trust in such
    19  lease agreements to provide insurance, defense or indemnification to the
    20  state or city, as the case may be, in connection with such alleged bodi-
    21  ly injury or property damage claims. The state shall provide for defense
    22  and indemnification running from the state to the  trust  in  connection
    23  with  and  to the extent of any and all bodily injury or property damage
    24  claims  alleged  to  occur  on  or  relate  to  the  adjacent  Route  9A

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13143-03-9
        A. 8299                             2

     1  bikeway/Greenway  located  between  the northern seawall of Battery park
     2  city and the northern boundary of 59th street, which  is  real  property
     3  owned  by  the  state  and  not part of the park. The state and city, as
     4  applicable,  shall  execute such other instruments as necessary, whereby
     5  the trust shall receive a possessory interest in the real  property  and
     6  exercise  its  rights,  powers,  responsibilities,  and  duties,  all in
     7  accordance with this act.
     8    § 2. This act shall take effect immediately.