HomeMy WebLinkAbout- - Rehearing Request Lease with OC Fair - 10/5/2010CITY COUNCIL/ORANGE COUNTY
FAIRGROUNDS AUTHORITY
BOARD AGENDA REPORT
MEETING DATE: October 5, 2010 ITEM NUMBER: VIII.2.
SUBJECT: REHEARING REQUEST REGARDING PROPOSED LEASE WITH ORANGE COUNTY
FAIR AND EVENT CENTER, L.P.
DATE: OCTOBER 1, 2010
FROM: CITY ATTORNEY/AUTHORITY ATTORNEY
PRESENTATION KIMBERLY HALL BARLOW,
BY: CITY ATTORNEY/AUTHORITY ATTORNEY
FOR FURTHER INFORMATION CONTACT: KIMBERLY HALL BARLOW, 714 754-5339
RECOMMENDATION:
Consider the rehearing request of Sandra Genis regarding the Board's adoption of a
Resolution approving the draft lease subject to revisions authorized by the Board and
completion of exhibits and minor revisions approved by the Authority Attorney and
Executive Director.
BACKGROUND:
On September 7, 2010, the Authority Board considered a proposed lease with the OC Fair
and Event Center, L.P., modified from the version of the lease approved on August 24th. At
that meeting, a number of issues regarding the language of the proposed lease were
discussed, and the Board approved the resolution with direction to staff to work out some
language changes and clarifications. Those language changes have been made to
address concerns of the community and board members as to the intent of the lease. A
copy of the revised lease is attached hereto as Attachment 1. Sandra Genis, a member of
the public, has requested that the Authority Board rehear the matter of approval of the
lease. Ms. Genis' request contends that the lease was not complete in that it assertedly
lacked information regarding licensing, naming rights and community activities. The
request for rehearing also contends that the lease did not address the existing ENA and
MOU between the Authority and Facilities Management West, and did not address the
ability of the parties to bid on the property through the State's bidding process requiring bid
submittals by September 30, 2010. A copy of Ms. Genis' rehearing request is attached as
Attachment 2.
ANALYSIS:
The draft lease reflects the terms of the Memorandum of Understanding of June 18th
with additional deal points as negotiated by the parties, and approved by the Board.
The issues which the Board collectively requested that staff address in the lease have
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been addressed as shown in Attachment 1. With respect to the applicant's first claimed
basis for rehearing, the lease considered and approved by the Board on September 7th
did fully address licensing, naming rights and community activities. The Board
requested clarifying language regarding one item, which has been incorporated into the
revised lease (see Section 28.4). As to the requestor's second point, Section 25.4 of
the lease makes it clear that the lease supercedes all prior agreements and
negotiations, which would include the ENA and the MOU. Finally, the Board did not
request, and staff did not believe there was any need to address the ability of the parties
to bid on the property through the State's bidding process, which was independent of
the negotiations between the Authority and the State and the Authority and OC Fair and
Events Center, L.P.
FISCAL REVIEW:
No fiscal review is necessary for this rehearing request.
CONCLUSION:
Staff recommends that the Authority Board consider the rehearing request and consider
whether to grant or deny it. .
KIMBERLY HALL BARLOW
CITY ATTORNEY/AUTHORITY
ATTORNEY
DISTRIBUTION:
ATTACHMENTS 1
2
Joint Powers Authority OCFEC
Draft Lease (10-1-10)
Rehearing Request
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ALLAN R. ROEDER
CITY MANAGER/EXECUTIVE
DIRECTOR
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