STATE OF NEW YORK
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8299
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
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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.
