B 24-0466 — St Elizabeths East Parcel 13 Surplus Declaration and Disposition Approval Act of 2021

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3___________ 24-466 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 _________________ 9 To declare surplus and approve the disposition of District-owned real property known as St.

Elizabeths East Parcel 13 Surplus Declaration and Disposition Approval Act of 2021”.2022”.

For the purposespurpose of this act, the term:

(1) “Certified“Act” Business Enterprise” means aAn businessAct enterpriseAuthorizing orthe jointsale ventureof certifiedcertain pursuantreal toestate in the Small,District Local,of andColumbia Disadvantagedno Businesslonger Enterpriserequired Developmentfor andpublic Assistancepurposes, Actapproved ofAugust 2005,5, effective1939 October(53 20,Stat. 2005 (D.C.

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.

Official Code § 2- 218.01 et seq.).

(3) “Certified Business Enterprise” means a business enterprise or joint venture certified pursuant to the Small and Certified Enterprise Development and Assistance Act of 2005, effective October 20, 2005, effective October 20, 2005 (D.C.

Law 16-33;

D.C.

(2)(4) “First“Developer” Sourcemeans Agreement”the meansNeighborhood anDevelopment agreementCompany, withL.L.C., thea District governingof certainColumbia obligationslimited ofliability thecompany Developerwith pursuanta tobusiness sectionaddress 4 of the3232 FirstGeorgia SourceAvenue EmploymentN.W., AgreementSuite Act100, ofWashington, 1984,D.C. effective June 29, 1984 (D.C.

20010.

(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.

ENGROSSED(6) ORIGINAL“Project” (3)means “Property”a meansmixed-use theproject realthat propertywill locatedinclude atapproximately 110021,000 Alabamasquare Avenue,feet S.E.,devoted andto knownretail foror taxationcommercial uses, a residential building containing approximately units, and assessmentancillary purposesuses allowed under applicable law, as Lotfurther 850described in Squarethe S-5868.term sheet submitted with this act.

ENROLLED ORIGINAL (7) “Property” means the real property located at 1100 Alabama Avenue, S.E., and known for taxation and assessment purposes as Lot 850 in Square S-5868.

(e) The Mayor, through the Office of the Deputy Mayor for Planning and Economic Development, satisfied the public hearing requirement of section 1(a-1)(4) of Anthe Act Authorizingby theholding salea ofpublic certainhearing realon estateWednesday, inMarch the28, District2018, ofat Columbiathe noR.I.S.E. longer required for public purposes, approved August 5, 1939 (53 Stat.

1211;Demonstration Center located at Martin Luther King Jr.

D.C.

Official Code § 10-801(a-1)(4)), by holding a public hearing on Wednesday, March 28, 2018, at the R.I.S.E.

Demonstration Center located at 2730 Martin Luther King Jr.

(e)(f) The Mayor, through the Office of the Deputy Mayor for Planning and Economic Development, has selected Neighborhoodthe DevelopmentDeveloper Company,to L.L.C.develop the Property.

(the(g) “Developer”),The aintended Districtdevelopment of Columbiathe limitedProperty liabilityis company with a businessmixed-use addressproject ofas 3232further Georgiadescribed Avenuein N.W.,section Suite2(6). 100, Washington, D.C.

20010,(h) toThe developMayor has proposed that the Property.terms of the disposition of the Property include the following:

(f)(1) The intendedDeveloper developmentshall ofcomply with the Propertyrequirements isof asection mixed-use1(b-3) projectof thatthe willAct includeby approximatelydedicating 21,000at squareleast feet30% devotedof tothe retail or commercial uses, a residential buildingunits ENGROSSED ORIGINAL containing approximately 421 units, and ancillary uses allowed under applicable law, as further described in the termProject sheetas submittedaffordable withhousing thisunits. act (the “Project”).

(g)(2) The MayorDeveloper hasshall proposedenter into an agreement that shall require the termsDeveloper to, at a minimum, contract with Certified Business Enterprises for at least 35% of the dispositioncontract dollar volume of the PropertyProject includeand shall require at least 20% equity and 20% development participation of Certified Business Enterprises in the following:Project, in accordance with section 2349a of the CBE Act and section 1(b)(6) of the Act.

(1)(3) The Developer shall complyenter withinto thea requirementsFirst ofSource sectionAgreement. 1(b-3) of 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;(i) The Mayor has proposed that the method of disposition be a ground lease of greater than 15 years, as further described in the executed term sheet and draft Land Disposition and Development Agreement documents submitted with this act.

D.C.

Official Code § 10-801(b-3)), by dedicating at least 30% of the residential units in the Project as affordable housing units.

(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 Small, Local, and Disadvantaged Business Enter[rise Development and Assistance Act of 2005, effective October 20, 2005 (D.C.

Law 16-33;

D.C.

Official Code § 2-218.49a) and section 1(b)(6) of 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(b)(6).

(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 ENGROSSED ORIGINAL Agreement Act of 1984, effective June 29, 1984, (D.C.

Law 5-93;