2013 Maryland Code
ECONOMIC DEVELOPMENT
§ 10-643 - Ocean City Convention facility

§10-643.

(a) Except as allowed by § 10-639 of this subtitle, to finance site acquisition and construction of any segment of an Ocean City Convention facility, the Authority shall comply with this section.

(b) The Authority shall provide to the fiscal committees of the General Assembly, at least 90 days before seeking approval of the Board of Public Works for each bond issue or other borrowing, a comprehensive financing plan for the relevant segment of the facility, including the effect of the financing plan on financing options for other segments of the facility.

(c) The Authority shall obtain the approval of the Board of Public Works of the proposed bond issue and the financing plan.

(d) The Authority shall secure a lease or other written agreement with Ocean City, as approved by the Board of Public Works, under which:

(1) Ocean City agrees to:

(i) issue bonds not later than the date of the Authority’s bond issuance as authorized under § 10-628 of this subtitle; and

(ii) contribute $14,700,000 of the proceeds from the sale of the bonds for the capital costs of the expansion of the Ocean City Convention Center;

(2) the Authority agrees to:

(i) issue bonds as authorized under § 10-628 of this subtitle; and

(ii) contribute $14,700,000 of the proceeds from the sale of the bonds for the capital costs of the expansion of the Ocean City Convention Center;

(3) Ocean City and the Authority agree that if the actual capital costs of the expansion of the Ocean City Convention Center are less than $29,400,000, the savings shall be allocated:

(i) one-half to the Authority; and

(ii) one-half to Ocean City;

(4) Ocean City agrees to provide the Ocean City Convention site, as defined in § 10-601 of this subtitle, for the expansion and renovation of the Ocean City Convention facility;

(5) Ocean City and the Authority shall each own a 50% leasehold interest as tenants in common in the improvements comprising the existing Ocean City Convention Center and the Ocean City Convention Center expansion for the duration of any bonds issued as authorized under § 10-628 of this subtitle and for 20 years thereafter; and

(6) Ocean City and the Authority agree not to sell, assign, mortgage, pledge, or encumber the Ocean City Convention facility, or any leasehold interest in the facility, without the prior consent of the other, except for liens in favor of their respective bondholders.

(e) The Authority shall secure a deed, lease, or written agreement with Ocean City, as approved by the Board of Public Works, authorizing the Authority to:

(1) design, construct, and equip, or contract for the design, construction, and equipping of the Ocean City Convention facility expansion; and

(2) pledge the Ocean City Convention facility and the Ocean City Convention site or the leasehold interest in the facility as security for the Authority’s bonds.

(f) (1) The Authority shall secure a written agreement with Ocean City, as approved by the Board of Public Works:

(i) in which Ocean City agrees to:

1. subject to paragraph (2) of this subsection, market, promote, and operate the Ocean City Convention facility in a manner that maximizes the facility’s economic return;

2. maintain and repair the facility so as to keep it in first class operating condition; and

3. be solely responsible for all operating deficits and capital improvements:

A. before the completion of the expanded and renovated Ocean City Convention facility; and

B. 20 years after the repayment of the Ocean City Convention facility bonds issued by the Authority; and

(ii) that includes provisions that:

1. protect the respective investment of the Authority and Ocean City;

2. require:

A. the Authority to contribute one-half and Ocean City to contribute one-half to operating deficits; and

B. the Authority and Ocean City each to contribute $50,000 each year to a capital improvement reserve fund, for the period beginning on the completion of the expanded and renovated Ocean City Convention facility and continuing during the period that the Ocean City Convention facility bonds issued by the Authority are outstanding and for 20 years thereafter; and

3. provide for remedies on default, including the right of the Authority, if a material default by Ocean City is not corrected after a reasonable notice and cure period, to:

A. immediately assume responsibility for maintenance and repairs of the Ocean City Convention facility; and

B. offset the costs of the maintenance and repairs against other amounts owed by the Authority to Ocean City, whether under the operating agreement with Ocean City or otherwise.

(2) Paragraph (1)(i)1 of this subsection may not be construed to require gambling activities in the Ocean City Convention facility.