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HomeMy WebLinkAbout2007-162RESOLUTION NO. 2007-162 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONFIRMING THAT THE COUNTY ADMINISTRATOR'S OFFICE IS THE COUNTY ECONOMIC DEVELOPMENT AGENCY AND THE COUNTY ADMINISTRATOR IS THE COUNTY ECONOMIC DEVELOPMENT OFFICER WITH RESPECT TO MAJOR LEAGUE BASEBALL; ESTABLISHING COUNTY POLICY WITH RESPECT TO AN OPTION AGREEMENT FOR A LEASE OF DODGERTOWN; DIRECTING THE COUNTY ADMINISTRATOR IN THE EXERCISE OF HIS ADMINISTRATIVE FUNCTION TO ENTER INTO AN OPTION AGREEMENT WITH A MAJOR LEAGUE BASEBALL TEAM TO LEASE DODGERTOWN IF AND WHEN THE DODGERS CEASE THEIR USE OF THE FACILITY, PROVIDING GUIDELINES AND STANDARDS; PROVIDNG DEFINITION OF TERMS; CONFIRMING THE RETENTION OF SPECIAL LEGAL COUNSEL WITH RESPECT TO MATTERS RELATING TO MAJOR LEAGUE BASEBALL; MAKING FINDINGS OF FACT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection 288.075 (2), Florida Statutes provides that upon written request from a private corporation, partnership, or person, information held by an economic development agency concerning plans, intentions or interests of such private corporation, partnership, or person to locate, relocate or expand its business activities in this state is confidential and exempt from s. 119.07 (1) and s. 24 (a), Art. I of the State Constitution for twelve (12) months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first; RESOLUTION NO. 2007-162 WHEREAS, Subsection 288.075 (2), Florida Statutes provides that an economic development agency may extend the period of confidentiality specified in Subsection (2) for up to an additional twelve (12) months upon written request from the private corporation, partnership or person who originally requested confidentiality under this section and upon a finding by the economic development agency that such private corporation, partnership or person is still actively considering locating, relocating, or expanding its business activities in this state; WHEREAS, the County owns that certain major league baseball spring training facility known as Dodgertown, and currently leases Dodgertown to Los Angeles Dodgers, Inc. (the "Dodgers") pursuant to that certain Facility Lease dated as of September 1, 2000 (the "Facility Lease"), with the initial term ending April 30, 2021; WHEREAS, the County Administrator is the County Economic Development Officer (the "Officer") and the County administrator's office is the County Economic Development Agency (the "Agency") with respect to major league baseball, and as such is authorized to honor any request for confidentiality received from a major league baseball club ("Club") with respect to its plans to locate in the County and to lease Dodgertown, if and when the Dodgers cease use of Dodgertown; and WHEREAS, it is in the best interest of the County to mandate that the County enter into an Option Agreement ( the "Option") with the Club for lease of Dodgertown under substantially the same terms as the current Facility Lease for an initial term of not 2 RESOLUTION NO. 2007-162 less than fifteen (15) years which could be at the end of the initial term (April 30, 2021), the end of a renewal term, or upon earlier termination of the current lease, so long as the option granted to a Club requires that such Club assume the current lease or enter into a new lease under substantially the same terms as the current lease with an initial term of not less than fifteen (15) years and to require that the County Administrator, in the exercise of his administrative authority, enter into such Option on behalf of the County without further approval of this Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The Office of the County Administrator is the County Economic Development Agency (the "Agency") and the County Administrator is the County Economic Development Officer (the "Officer") for purposes of Section 288.075, Florida Statutes (the "Act") with respect to major league baseball. SECTION 2. The Officer is authorized and directed to honor, pursuant to and in all respects subject to the Act, any request for confidentiality received from a Club with respect to its plans to locate in the County. SECTION 3. The Officer is authorized and directed to enter into the Option with such Club to assume the existing lease for Dodgertown or for a new lease of Dodgertown if and when the Dodgers cease use of the facility, which could be at the initial term (April 30, 2021), the end of a renewed term or upon earlier termination of 3 RESOLUTION NO. 2007-162 the lease, under substantially the same terms as the current lease with the Los Angeles Dodgers for Dodgertown with an initial term of not less than fifteen (15) years. SECTION 4 The County Administrator in his capacity as the Officer is directed to enter into the Option without waiting ninety (90) days after such Option becomes public because the Option is necessary to effectuate the economic development project and because the County Administrator will be acting in an official capacity and the Option will not accrue to his personal benefit. SECTION 5. This Resolution is not intended to and shall not be construed to delegate any function of the Board of County Commissioners. The policy of the County has been established by this Resolution and it is the function of the County Administrator, in the exercise of his administrative function, to carry out that policy. SECTION 6. The ongoing representation of the County by Bryant Miller Olive P.A. as special legal counsel and the recognition and retention of Robert C. Reid, individually, to continue to serve as Special County Attorney for baseball related matters, is hereby ratified, confirmed and approved. SECTION 7. INCONSISTENT PROVISIONS. All prior resolutions and motions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. 4 RESOLUTION NO. 2007-162 SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED the 4thday of December, 2007. (SEAL) ATTEST: aub1/2, , County Clerk J.K. BARTON Approved as to form and legal sufficiency: Special County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 5