Legislation Details

File #: 2024-1340   
Type: Agenda Item Status: Passed
File created: 5/9/2024 In control: City Council
On agenda: 5/21/2024 Final action: 5/21/2024
Title: Approve Amendment to the Economic Investment Program/ Economic Development Incentive Grant Agreement with FedEx Ground Package System, Inc
Attachments: 1. FedEx EIP EDFIG Grant Agreement Executed, 2. Amendment- FedEX EIP_EDFIG, 3. COMPARISON - Acknowledgment and Confirmation Agreement (versus City-County initial draft) (1)
Submitted By: Roberto Ellis
presenter
Presentation By: Aubrey Hale
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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):
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Approve Amendment to the Economic Investment Program/ Economic Development Incentive Grant Agreement with FedEx Ground Package System, Inc
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OCALA'S RELEVANT STRATEGIC GOALS:
Economic Hub

PROOF OF PUBLICATION:
N/A

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BACKGROUND: The City of Ocala (City) has established the Economic Investment Program (EIP) to create economic growth within the City's municipal limits and the Ocala Electric Utility service territory by selectively awarding grants to new or existing businesses that seek to locate or expand their business facilities.

On February 5, 2013, the City entered into an agreement with Marion County (County) and FedEx Ground Package System, Inc. (FedEx) providing certain incentives for FedEx to construct a facility and operate its business in the Commerce Park. The facility was completed in August 2016 at a cost of approximately $113 million. Since then FedEx has successfully operated its business at the location.

FedEx has informed the City and the County of its intention to merge with an affiliate company, Federal Express Corporation (Assignee). With the impending merger, FedEx wishes to assign all its rights and obligations under the EIP/Economic Development Fund Incentive Grant Agreement (EDFIG) to the Assignee. The merger is expected to be completed on or about June 1, 2024.

On April 2, 2024, Ocala City Council approved the Amendment and Assignment Agreement to the EIP/ EDFIG Agreement with FedEx Ground Package System, Inc. FedEx has since requested a revision of the language to further clarify the responsibilities of the entities participating in the merger.

FINDINGS AND CONCLUSIONS: Per Paragraph 12.17 of the EIP /EDFIG Agreement, "The Applicant may not assign any rights or obligations hereunder without the expressed written consent of Local Governments, which may be withheld or c...

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