In light of the Central Florida Tourism Oversight District’s desire to lawyer up against Disney Parks & Resorts, we looked over the Declaration of Restrictive Covenants and the Developer’s Agreement from the February 8 Reedy Creek meeting.
With the Florida State Government taking control of the district imminently, a meeting was held to finalize agreements between the Reedy Creek Improvement District and Walt Disney Parks & Resorts. Now, the new board is accusing Disney of “overreach” with the terms that were settled upon.
Term Length of Declaration
The term length for the Declaration was set for perpetuity, but a clause was included as a redundancy that would keep the Declaration in effect until 21 years after the last currently living descendent of King Charles III passes away.
In Exhibit A, Section 7.1: TERM: ASSIGNED BY WDPR:
“…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.”
Changes to Property
Another part of the restrictive covenants states that changes to RCID property are “subject to WDPR’s prior review and comment”
Use of Intellectual Property
The District may not use any Disney name, copyright, symbol, or intellectual property owned or created by Disney.
In Section 5: PROHIBITION ON USE OF DISNEY NAME:
“RCID shall not have the right to do any of the following in relation to any of the RCID Properties:
5.2 Use (or grant the right to any other Person to use) any of the fanciful characters (such as Mickey Mouse), designs, symbols, representations, figures, drawings, ideas, or other intellectual property owned, developed or created by WDPR or any of WDPR’s Affiliates in any manner whatsoever.
5.4 Use, reproduce, sell, distribute, display or exploit (or grant the right to any other Person to use, reproduce, sell, distribute, display or exploit) the WALT DISNEY WORLD® mark, name or symbol or the copyrighted works of the Walt Disney Company, Disney Enterprises, Inc., WDPR or any of WDPR’s Affiliates.“
Future Legal Proceedings
The agreement dictates that any legal proceedings regarding the Declaration should be brought to the circuit court for Orange County, Florida.
In Section 8.10:
“Any legal proceeding of any nature brought to enforce any right or obligation under this declaration, or to interpret, construe or seek any declaration with respect to any rights, remedies or responsibilities hereunder, or otherwise arising out of or in connection with any matter pertaining to this declaration, shall be submitted exclusively for trial, without a jury, before the circuit court for Orange County, Florida”
What do you think of these new “restrictive covenants” and developer’s agreements? Let us know in the comments.
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