Bill Summary – FastDemocracy

                                                                       ENROLLED ORIGINAL

                                        A RESOLUTION

                                              23-467

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                          July 21, 2020

To approve the disposition of District-owned real property located at 1004-1018 Howard Road

       S.E., known for taxation and assessment purposes as Lots 0948, 0906, 1035, 0839, 1034,

       0952, 0897, and 0908 in Square 5860.

        RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

resolution may be cited as the Howard Road Disposition Approval Resolution of 2020.

        Sec. 2. Definitions.

        For the purposes of this resolution, the term:

                (1) Act means An Act Authorizing the sale of certain real estate in the District

of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211;

D.C. Official Code  10-801 et seq.).

                (2) CBE Act means the Small and Certified Enterprise Development and

Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code  2-

218.01 et seq.).

                (3) Certified Business Enterprise means a business enterprise or joint venture

certified pursuant to the CBE Act.

                (4) Developer means Howard Road Community Partners LLC with a business

address of 4700 14th Street, N.W., Unit B, Washington, DC 20011, managed by H2DesignBuild

with a business address of 4700 14th Street, N.W., Washington, DC 20011, and includes ASSET

Management Consulting and its successors, assignees, sublessees, or affiliates, as approved by

the Mayor.

                (5) First Source Agreement means an agreement with the District governing

certain obligations of the Developer pursuant to section 4 of the First Source Employment

Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code  2-

219.03), and Mayors Order 83-265, dated November 9, 1983, regarding job creation and

employment generated as a result of the construction on the Property.

                (6) Project means a mixed-use development including residential units,

affordable residential units, and any ancillary uses allowed under applicable law, as further

described in the term sheet submitted with this resolution, in accordance with section (b-1) of the

Act.

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                                                                         ENROLLED ORIGINAL

              (7) Property means the real property and improvements located at 1004-1018

Howard Road S.E., known for taxation and assessment purposes as Lots 0948, 0906, 1035, 0839,

1034, 0952, 0897, and 0908 in Square 5860.

        Sec. 3. Findings.

        (a) The Property consists of approximately 27,000 square feet of land.

        (b) The intended use of the Property is a mixed-use development as described in section

2(6) and in the term sheet submitted with this resolution.

        (c) The Mayor finds that the disposition shall include the following terms:

                (1) The Developer shall comply with the requirements the Act, including

dedicating residential units in the Project as affordable housing units, pursuant to section 1(b-3)

of the Act.

                (2) The Developer shall enter into an agreement that shall require the Developer,

at a minimum, to contract with Certified Business Enterprises for at least 35% of the contract

dollar volume of the Project and require at least 20% equity and 20% development participation

of Certified Business Enterprises in the Project, in accordance with section 2349a of the CBE

Act and section 1(b)(6) of the Act.

                (3) The Developer shall enter into a First Source Agreement with the District that

shall govern certain obligations of the Developer regarding job creation and employment as a

result of the construction on the Property.

        (e) Pursuant section 1(b)(8)(F) of the Act, the proposed method of disposition is a public

or private sale to the bidder providing the most benefit to the District, as further described in the

documents submitted with this resolution.

        (f) The District has satisfied the public hearing requirements of section 1(b-2) of the Act

by holding a public hearing on March 12, 2019, at the Department of Housing and Community

Development Housing Resource Center, located at 1800 Martin Luther King Jr. Avenue, S.E., to

obtain community comment and suggestions on the proposed use of the Property.

        (g) The Land Disposition and Development Agreement for the disposition of the real

property shall not be inconsistent with the substantive business terms of the transaction

submitted by the Mayor with this resolution in accordance with section 1(b-1)(2) of the Act,

unless revisions to those substantive business terms are approved by the Council.

        Sec. 4. Approval of disposition.

        (a) Pursuant to the Act, the Mayor transmitted to the Council a request for approval of the

disposition of the Property to the Developer.

        (b) The Council approves the disposition of the Property.

       Sec. 5. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

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                                                               ENROLLED ORIGINAL

Sec. 6. Transmittal.

The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor.

Sec. 7. Effective date.

This resolution shall take effect immediately.

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