DeSantis appointed board outlines its reasons for declaring Disney's last Development Agreement with Reedy Creek null and void

Apr 24, 2023 in "Reedy Creek Improvement District"

Posted: Monday April 24, 2023 1:00pm ET by WDWMAGIC Staff

The Central Florida Tourism Oversight District Board of Supervisors will meet on Wednesday to declare the February 8, 2023, Development Agreement and Declaration of Restrictive Covenants entered into by the Reedy Creek Improvement District and Walt Disney Parks and Resorts void and unenforceable.

Ahead of the meeting, the board has released pages of legislative findings regarding the February 8 agreements that the Central Florida Tourism Oversight District will use to vote to nullify them.

Signed into effect on February 8, just as the Florida House passed the legislation to take control of Reedy Creek Improvement District, the new Developer Agreement gives Disney significant control of the RCID landing and prevents the new board making any changes to the agreement.

As previously mentioned by the board's lawyers at the last public meeting, much of the findings relate to Reedy Creek posting notices of the new Developer Agreement, including their timings and reaching all interested parties.

An example refers to Reedy Creek posting notices in the Orlando Sentinel.

Prior to the January 25 and February 8 Board meetings, the District published notices of intent to consider a development agreement in the Orlando Sentinel. The notices were published on January 18 and 27, respectively. The Orlando Sentinel is a newspaper of general circulation and readership in both Orange and Osceola Counties. Such notices published in the newspaper did not fully inform the public or other property owners of the purposes or contents of the development agreement and how other property owners and the taxpayers of the District were affected by such proposed agreement. 

The document goes on to say that "The benefits of the development agreement are entirely one-sided," and that, "The District receives nothing in return. The only theoretical benefit to the District in the text of the development agreement is that, when Disney obligates the District to construct public facilities that require land that Disney owns, Disney will not 'request payment for the land in excess of fair market value.'"

The final page of the legislative findings, point 92, is "Neither the development agreement nor the restrictive covenants are in the best interest of the District or the taxpayers or public, and the Board has no desire to readopt or ratify such instruments."

You can read the full text here, beginning on Page 8.

On Wednesday, the board will vote to approve the findings and will direct the litigation counsel to have Disney's agreements with Reedy Creek declared void and unenforceable and have them stricken from the public records of Orange and Osceola Counties.

Disney is yet to comment publically on the recent developments.

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castlecake2.010 days ago

Yes

Stripes10 days ago

Has Disney/CFTOD continued to replace the purple direction signage with the new blue color scheme since CFTOD took over?

mkt11 days ago

You're right. The new document will be different. It will be "different" in the way that Chris Gaines was "different" from Garth Brooks or how the drummer from Nirvana is "different" from the singer of the Foo Fighters.

Unbanshee11 days ago

Both are effectively picked by the Governor, just not technically. Look no further than the communications "strategy" with the replacement of Gilzean of the Governor's office getting out ahead of every single step of the process

lazyboy97o11 days ago

The settlement acknowledged the “need” to change the comprehensive plan, which undermines this idea. So too does the lack of an agreement, as the 2032 Comprehensive Plan wasn’t that different than the again in force 2020 Comprehensive Plan.

Brian11 days ago

That's understandable for sure. I just felt inclined to make the distinction due to the ongoing conversation, as the district administrator is selected by the board, while the board is selected by the governor.

mkt11 days ago

The new agreement will be functionally the same as the one Disney was sued over.

pdude8111 days ago

You're right. This has been going on so long I just lumped all the antagonists together.

Brian11 days ago

Not to nitpick, but Gilzean was district administrator, not a board member.

pdude8111 days ago

A bigger risk than keeping Garcia and Gilzean on the board as active disruptors? I don't agree with their decision to stall the federal lawsuit, but I understand why they saw the status quo as a risk to growth over the next few years.

lazyboy97o11 days ago

You don’t think dropping your bargaining power in the middle is the best strategy in a negotiation?

flynnibus11 days ago

Again… we know nothing except both sides have shown signs of positive attitude and certainty of successful outcomes. What does that mean? None if us know. All we can speculate is… they know a lot more than they have said publicly… and obvious things like "desantis is not perpetual…" were clearly obvious to them when they made these choices.

UNCgolf11 days ago

That seems wildly optimistic.

flynnibus11 days ago

“Right now…” Yes, we all know this. But again, we don’t know what back room deal they have setup. Who knows… it could even include new legislation promises… Or Disney is just rolling with the hand they are dealt… maybe they have accepted that the time to sunset their advantages of rcid is here… none of us can tell what their true intentions are right now.