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BE IT REMEMBERED, that the White County Commissioners held a special meeting in joint session with the County Council on Tuesday, March 17, 2020, in the White County Building, 2nd -floor Commissioners’ Conference Room, beginning at 6:30 p.m.

Commissioners present were: President John C. Heimlich, Steve Burton, and David Diener. Also present was White County Auditor Gayle Rogers, White County Attorney George Loy, White County Economic Development President Randy Mitchell, Mayor of Monticello Cathy Gross, Attorney Rick Hall with Barnes and Thornburgh and Commissioners’ Executive Assistant Donya Tirpak.

Council members present were: Vice President Denny Carter, Art Anderson, Janet Faker, Jim Annis, and Jim Davis. Council President Butch Kramer and Councilman Casey Crabb were absent.

Commissioner Heimlich called the meeting to order.

Commissioner Heimlich announced that the purpose of the meeting was to discuss an incentive package for a potential purchaser of Indiana Beach.

County Attorney George Loy and Commissioner Heimlich were approached by a representative of Apex, owner of Indiana Beach, asking what incentives might be available from the County should they find a potential buyer for the park. Since this was not a typical economic development project, the County turned to White County Attorney George Loy and Attorney Rick Hall with Barnes and Thornburg from Indianapolis to come up with ways to incentivize a potential buyer legally.

County Attorney George Loy and Attorney Rick Hall proposed a joint resolution between the White County Commissioners and White County Council approving economic incentives for the purchase and continue operations of Indiana Beach.

1. Attorney Rick Hall said that the Resolution provides that the Commissioners and Council approves the provisionThat a buyer of Indiana Beach selected by the County of an Apex shall receive a total financial

incentive from White County to facilitate the sale and continued operation of Indiana Beach. The amount of the incentive is $3 Million, less any incentive awarded by the State of Indiana Economic Development Corporation. As part of the terms of the incentive, the County can require that Indiana Beach operate for a certain period of time and the number of jobs that are maintained. This Resolution authorizes the County to negotiate the terms of such agreements. The incentive money will come from the White County Windfarm Economic Development Fund. After all the negotiations are made, the County will make all transactions available to the public.

Commissioner Heimlich asked if there were any further questions from the public.

Larry Blazer, the owner of Laker Shafer Boat Rentals, thanked the County for putting the incentive package together to make it easier to sell.

Don Hurd, President of the Monon News and Review, commented that it’s nice that the County is being proactive.

James Wolf, Logansport Pharos-Tribune, asked if there was a termination date on the incentive package. Attorney Hall said that the incentive package is active until it’s withdrawn, there’s no deadline at this point.

· Commissioner Diener made a motion to adopt Resolution No. 20-03-17-1, approving economic incentives for the purchase and continued operation of Indiana Beach, seconded by Commissioner Burton. Vote: Unanimous

· Councilman Anderson made a motion to adopt Resolution No. 2020-03-17-1, approving economic incentives for the purchase and continued operation of Indiana Beach, seconded by Councilwoman Faker. Vote: Unanimous

WHITE COUNTY COMMISSIONERSCOMMISSIONERS’ RESOLUTION NO. 20-03-17-1

WHITE COUNTY COUNCIL RESOLUTION NO. 2020-03-17-1

JOINT WHITE COUNTY COMMISSIONERSCOMMISSIONERS’ AND WHITE COUNTY COUNCIL

RESOLUTION APPROVING ECONOMIC INCENTIVES

FOR THE PURCHASE AND CONTINUED OPERATION OF INDIANA BEACH

WHEREAS, Apex Parks Group (“Apex”), owner of Indiana Beach Amusement and Water Parks Resort (“Indiana Beach”), announced on February 18, 2020, that Indiana Beach would not reopen in 2020 and was permanently closed; and

WHEREAS, immediately thereafter, representatives of White County government and the White County Economic Development Organization contacted Apex representatives and commenced discussions regardingmeeting personally with Apex, beginning February 20, 2020, for determining Apex’s intentions for Indiana Beach and discussion of possible alternatives to its closure; and

WHEREAS, Apex has informed the White County Commissioners (“Commissioners”) and White County Council (“Council”) of its interest in selling Indiana Beach to a potential buyer; and

WHEREAS, the Commissioners and Council are further informed that financial incentives from White County and/or the State of Indiana, totaling Three Million Dollars, is required to facilitate Apex’s sale of Indiana Beach with a desiredhoped-for 2020 opening in 2020; and

WHEREAS, the Commissioners and Council have requested consideration of State incentives by the Indiana Economic Development Corporation; and

WHEREAS, a 2002 Purdue University economic impact study estimated total benefits of more than $60 million annually generated by tourism to White County, a major portion of which directly attributable to Indiana Beach; and

WHEREAS, Indiana Beach has been an iconic State and local landmark since 1926, a major contributor to the economy of White County, and has employed countless County residents throughout its existence; and

WHEREAS, White County has previously invested in contributing to the success of Indiana Beach, including participating in financing the expansion and improvement of Sixth Street and its access to Indiana Beach; and

WHEREAS, the Commissioners and Council deem it in the best interest of White County to incentivize the purchase and continued operation of Indiana Beach; and.

WHEREAS, pursuant Executive Order 20-02 and I.C. §10-14-3-12(a), on March 6, 2020, Governor Eric J. Holcomb declared that a disaster emergency exists in Indiana attributable to COVID-19; and

WHEREAS, in response to such COVID-19 disaster emergency, state and federal health authorities have recommended limited personal interaction, which may limit the ability of the Commissioners and the Council to hold public meetings in the foreseeable future; and

WHEREAS, I.C. §10-14-3-17(j)(5) provides that in such a disaster emergency, the County may waive procedures and formalities in the exercise of certain powers set forth therein.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the White County Commissioners and White County Council, as follows:

1. The Commissioners and the Council hereby approves the provisionThat a buyer of Indiana Beach selected by the County of an Apex shall receive a total financial

1. incentive from White County to facilitate the sale and continued operation of Indiana Beach (the “County Incentive”). The amount of the County Incentive shall be such purchase in the sum of Three Million Dollars, in cash or by in-kind benefits, less the amount of any similar incentive awarded by the State of Indiana.

2. The County Incentive shall be provided to an entity that has entered into an agreement that provides for the purchase of Indiana Beach from Apex, and the County Incentive will be provided on or after the closing of such purchase of Indiana Beach.

3. The Commissioners shall enter into such agreements with the purchaser of Indiana Beach, the White County Economic Development Corporation, and other involved parties to provide the County Incentive on such terms and conditions as the Commissioners deem to be in the interest of the County. The County Incentive shall be provided from amounts on deposit in White County, Indiana Wind Farm

Economic Development Fund or such other resources legally available to the County, as deemed in the best interest of County by the Commissioners, and the Council, to the extent required by law, appropriates such funds for the purpose of providing the County Incentive. The terms of any final agreements shall be made available to the public.

1. That upon consummation of a contract for the sale of Indiana Beach by Apex to a

buyer of its choosing, the Commissioners and Council, and any other required County entity, shall expeditiously take the actions required to provide the incentive to facilitate the sale and continued operation of Indiana Beach.

4. The members of the Council and the Commissioners, the Auditor of the County, the legal counsel of the County, and other appropriate officers of the County are hereby authorized to take all such actions and execute all such instruments as are necessary or desirable to effectuate this Resolution.

5. Pursuant to I.C. §10-14-3-17(j)(5), the Council and Commissioners hereby deem it in the best interest of the County to waive, and hereby waive, all procedures and formalities in effectuating this Resolution, including, but not limited to, any further public notices or approvals.

6. That immediately upon approval by the Council of an additional appropriation or previously budgeted sums, the White County Auditor is authorized and directed to issue funds to the White County Economic Development Organization in the amount agreed upon to facilitate such purchase.

There being no further business to come before the joint meeting, the meeting adjourned.

___________________________ __________________________ ______________________________

John C. Heimlich, President Steve Burton, Vice President David Diener, Member

ATTEST: _________________________

Gayle Rogers, Auditor