Parts of Disney's last-minute agreement with Reedy Creek that may render the new DeSantis board powerless are valid until 21 years after the death of the last survivor of the descendants of King Charles III of England

Mar 29, 2023 in "Reedy Creek Improvement District"

Posted: Wednesday March 29, 2023 3:41pm ET by WDWMAGIC Staff

Disney's final Developer Agreement between Reedy Creek Improvement District and Walt Disney Parks and Resorts appears to have severely handicapped the Ron DeSantis-appointed board of the new Central Florida Tourism Oversight board.

 

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.

At today's special meeting, where the board discussed the new Developer Agreement, one member said, "We lose control over everything other than to maintain the roads and maintain the infrastructure."

Board member Brian Aungst said, "We gave governmental control to Disney."

The legal council for the new board said that various agreements were made over the past several months that were "unusual" and "suspect."

In a brief statement following the meeting, Disney said, "All agreements signed between Disney and the District were appropriate, and were discussed and approved in open, noticed public forums in compliance with Florida's Government in the Sunshine law."

The Governors office released the following statement this afternoon, "The Executive Office of the Governor is aware of Disney's last-ditch efforts to execute contracts just before ratifying the new law that transfers rights and authorities from the former Reedy Creek Improvement District to Disney. An initial review suggests these agreements may have significant legal infirmities that would render the contracts void as a matter of law. We are pleased the new Governor-appointed board retained multiple financial and legal firms to conduct audits and investigate Disney's past behavior."

You can review the February 8 Reedy Creek Improvment Dsitrcit Developer Agreement here.

One aspect of the agreement contains an interesting timeframe for the document's term.

This declaration shall continue in effect until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this Declaration. Notwithstanding the foregoing or anything to the contrary herein, this Declaration will terminate as of the date that none of WDPR or any of its Affiliates (or their respective successor entities) owns any real property within ten (10) miles of the RCID Properties.

The legal wording makes use of the Royal Lives Clause,  a common practice in the United Kingdom in the past century to tie up a trust to a living person who was expected to have one of the longer life expectancies in the population. This article explains more.

The action by DeSantis to strip Disney of its self-managing district came in retaliation to Disney's public opposition to the Parental Bill of Right law, which took place under ex-Disney CEO Bob Chapek. Speaking at the Reedy Creek firehouse on February 27 when signing the bill, DeSantis said that Disney's opposition to the Parents Bill of Rights bill was a "mild annoyance," but that the state of Florida will no longer be "joined at the hip with one California-based company." After signing the bill DeSantis said, "the corporate kingdom finally came to an end."

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castlecake2.09 days ago

Yes

Stripes9 days ago

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

mkt9 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.

Unbanshee9 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

lazyboy97o10 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.

Brian10 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.

mkt10 days ago

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

pdude8110 days ago

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

Brian10 days ago

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

pdude8110 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.

lazyboy97o10 days ago

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

flynnibus10 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.

UNCgolf10 days ago

That seems wildly optimistic.

flynnibus10 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.