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Historical Note
Part added by renum. Part 105, filed Feb. 18,
1970; repealed, new (§§ 106.1-106.3)
filed: Aug. 23, 1974; Oct. 21, 1983 eff.
Nov. 1, 1983.
§ 106.1 Awarding
of leases.
Gas stations, restaurants and other facilities
under the jurisdiction of the Thruway
Authority shall be publicly offered for
leasing prior to initial occupancy. Specific
terms and conditions, including prerequisites
and procedures for bidding, shall be set
forth in a public proposal for each facility.
When, in the judgment of the board of
the Thruway Authority, it shall be in
the best interests of the public, the
Thruway Authority and its bondholders,
several facilities may be offered for
bidding as a unit.
Historical Note
Sec. added by renum. 105.1, filed Feb. 18,
1970; repealed, new filed: Aug. 23, 1974;
Oct. 21, 1983 eff. Nov. 1, 1983.
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§ 106.2
Renewal of leases.
When, in the judgment of the board of the
Thruway Authority, it shall be in the
best interests of the public, the Thruway
Authority and its bondholders, an existing
lease for the operation of a gas station,
restaurant or other facility may be renewed
with an existing lessee, provided that
the lessee shall have acquired the original
lease as the successful bidder in a public
offering, or by Thruway Authority-approved
assignment from such a successful bidder;
and further provided that the terms and
conditions of each renewal agreement shall
result in no reduction of the basis on
which rental payments to the Thruway Authority
are calculated; and further provided that
the terms and conditions of the renewal
agreement shall result in no diminution
of service to the public.
Historical Note
Sec. added by renum. 105.2, filed Feb. 18,
1970; repealed, new filed: Aug. 23, 1974;
Oct. 21, 1983; amd. filed Feb. 13, 1990
eff. Feb. 28, 1990.
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§ 106.3
Revision of leases.
Section 106.2 of this Part shall not, however,
restrict the Thruway Authority's freedom
of action during the term of any agreement
to negotiation a revision of the bases
on which rental payments to the Thruway
Authority are calculated, whenever the
board of the Thruway Authority shall determine,
on the basis of written recommendations
of its consulting engineers, that such
revisions may be reasonably expected to
produce a favorable effect upon its net
revenues.
Historical Note
Sec. added by renum. 105.3, filed Feb. 18,
1970; repealed, new filed: Aug. 23, 1974;
Oct. 21, 1983 eff. Nov. 1, 1983.
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