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<section article="gec" article_name="Economic Development" number="10-643" title_number="10" title_name="Statewide Development Resources and Revenue Authorities" subtitle_number="6" subtitle_name="Maryland Stadium Authority">
  <level label="a">
    <text>Except as allowed by § 10–639 of this subtitle, to finance site acquisition, construction, and renovation of any segment of an Ocean City Convention facility, the Authority shall comply with this section.</text>
  </level>
  <level label="b">
    <text>The Authority shall provide to the fiscal committees of the General Assembly, at least 45 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.</text>
  </level>
  <level label="c">
    <text>The Authority shall obtain the approval of the Board of Public Works of the proposed bond issue and the financing plan.</text>
  </level>
  <level label="d">
    <text>The Authority shall secure a lease or other written agreement with Ocean City, as approved by the Board of Public Works, under which:</text>
    <level label="1">
      <text>Ocean City agrees to:</text>
      <level label="i">
        <text>issue bonds not later than the date of the Authority’s bond issuance as authorized under § 10–628 of this subtitle; and</text>
      </level>
      <level label="ii">
        <text>contribute $15,000,000 of the proceeds from the sale of the bonds for the capital costs of the expansion of the Ocean City Convention Center;</text>
      </level>
    </level>
    <level label="2">
      <text>the Authority agrees to:</text>
      <level label="i">
        <text>issue bonds as authorized under § 10–628 of this subtitle; and</text>
      </level>
      <level label="ii">
        <text>contribute the proceeds from the sale of the bonds after deduction of the cost of issuance, for the capital costs of the expansion of the Ocean City Convention Center;</text>
      </level>
    </level>
    <level label="3">
      <text>Ocean City and the Authority agree that if the actual capital costs of the expansion of the Ocean City Convention Center are less than $37,500,000, the percentage of savings shall be allocated in proportion to the capital costs contributions made in accordance with this subsection;</text>
    </level>
    <level label="4">
      <text>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;</text>
    </level>
    <level label="5">
      <text>Ocean City and the Authority shall:</text>
      <level label="i">
        <text>each own a percentage of 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</text>
      </level>
      <level label="ii">
        <text>allocate the percentage of leasehold ownership interest under item (i) of this item as follows:</text>
        <level label="1">
          <level label="A">
            <text>60% to the Authority; and</text>
          </level>
        </level>
        <level label="B">
          <text>40% to Ocean City; or</text>
        </level>
        <level label="2">
          <text>percentages as may be required for bonds issued under the authorization provided in § 10–628 of this subtitle; and</text>
        </level>
      </level>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>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:</text>
    <level label="1">
      <text>design, construct, and equip, or contract for the design, construction, and equipping of the Ocean City Convention facility renovation and expansion; and</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Authority shall secure a written agreement with Ocean City, as approved by the Board of Public Works:</text>
      <level label="i">
        <text>in which Ocean City agrees to:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <text>maintain and repair the facility so as to keep it in first class operating condition; and</text>
        </level>
        <level label="3">
          <text>be solely responsible for all operating deficits and capital improvements 20 years after the repayment of the Ocean City Convention facility bonds issued by the Authority; and</text>
        </level>
      </level>
      <level label="ii">
        <text>that includes provisions that:</text>
        <level label="1">
          <text>protect the respective investment of the Authority and Ocean City;</text>
        </level>
        <level label="2">
          <text>require:</text>
        </level>
        <level label="A">
          <text>the Authority to contribute one–half and Ocean City to contribute one–half to operating deficits; and</text>
        </level>
        <level label="B">
          <text>the Authority and Ocean City each to contribute $100,000 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</text>
        </level>
        <level label="3">
          <text>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:</text>
        </level>
        <level label="A">
          <text>immediately assume responsibility for maintenance and repairs of the Ocean City Convention facility; and</text>
        </level>
        <level label="B">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Paragraph (1)(i)1 of this subsection may not be construed to require gambling activities in the Ocean City Convention facility.</text>
    </level>
  </level>
</section>
