Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                        A RESOLUTION

                                             24-310

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                        December 7, 2021

To approve the disposition of District-owned real property located at 2 Patterson Street, N.E.,

       and known for taxation and assessment purposes as Lot 0245 in Square 0672.

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

resolution may be cited as the 2 Patterson Disposition Approval Resolution of 2021.

        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, as amended (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 MMMC 2 Patterson JV LLC with a business address of

750 17th Street NW, Suite 1100, Washington, DC 20006, which is a joint venture by and among

special purpose entities affiliated with Monument Realty LLC, with a business address of 750

17th Street N.W., Suite 1100, Washington, DC 20006; Morningstar Community Development

LLC with a business address of 1214 28th Street N.W., Washington, DC 20007; The May Firm

PLLC, with a business address of 3200 Martin Luther King Jr. Avenue S.E., Washington, DC

20032; and THC Affordable Housing, Inc. with a business address of 5101 16th Street N.W.,

Washington, DC 20011, 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,

commercial or retail space, outdoor courtyard space, a portion of which shall be publicly

accessible, and any ancillary uses allowed under applicable law, and as further described in the

term sheet submitted with this resolution.

                (7) Property means the real property and improvements located at 2 Patterson

Street, N.E., and known for taxation and assessment purposes as Lot 0245 in Square 0672.

         Sec. 3. Findings.

         (a) The Property consists of approximately 42,252 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 will 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

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

dollar volume of the Project, and shall 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, 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.

          (d) Pursuant to section 1(b)(8)(C) of the Act, the proposed method of disposition is a

lease for a period of greater than 15 years, as further described in the documents submitted with

this resolution.

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

         (f) The Land Disposition 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 subsection 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).

       Sec. 6. Transmittal of resolution.

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

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Sec. 7. Effective date.

This resolution shall take effect immediately.

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