Assembly Bill A8299

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8299
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. Paragraph (b) of subdivision 3 of section 7 of chapter 592
 of the laws of 1998, constituting the Hudson river park act, as  amended
 by chapter 517 of the laws of 2013, is amended to read as follows:
   (b) Upon the coming into existence of the trust, it shall exercise its
 rights,  powers,  responsibilities,  and duties with respect to the park
 under this act. The state and the city of New York, each with respect to
 its real property in the park, shall expeditiously enter into agreements
 with the trust, whether by lease or otherwise, for a term not to  exceed
 99 years, provided that the state and city of New York shall extend such
 lease  or other agreements until March 31, 2112 pursuant to [this] chap-
 ter 517 of the laws of 2013 and to modify the insurance and indemnifica-
 tion provisions thereof such that the state and city, each to the extent
 of its ownership of the real property in the  park,  shall  provide  for
 insurance,  defense  and  indemnification  obligations  running from the
 state or city, as the case may be, to the trust in connection  with  and
 to  the  extent  of  any and all bodily injury or property damage claims
 alleged to occur on or relate to their respective real property  in  the
 park  and  to eliminate any obligations on the part of the trust in such
 lease agreements to provide insurance, defense or indemnification to the
 state or city, as the case may be, in connection with such alleged bodi-
 ly injury or property damage claims. THE STATE SHALL PROVIDE FOR DEFENSE
 AND INDEMNIFICATION RUNNING FROM THE STATE TO THE  TRUST  IN  CONNECTION
 WITH  AND  TO THE EXTENT OF ANY AND ALL BODILY INJURY OR PROPERTY DAMAGE
 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
 
 BIKEWAY/GREENWAY  LOCATED  BETWEEN  THE NORTHERN SEAWALL OF BATTERY PARK
 CITY AND THE NORTHERN BOUNDARY OF 59TH STREET, WHICH  IS  REAL  PROPERTY
 OWNED  BY  THE  STATE  AND  NOT PART OF THE PARK. The state and city, as
 applicable,  shall  execute such other instruments as necessary, whereby
 the trust shall receive a possessory interest in the real  property  and
 exercise  its  rights,  powers,  responsibilities,  and  duties,  all in
 accordance with this act.
   § 2. This act shall take effect immediately.