Section 10-B2113. EXCLUSIVE RIGHT SELECTION

 

2113.1An exclusive right designation shall be used in competitive dispositions when the Board determines that because of market conditions, size of the site, or use of the site, selection of a developer should be made on the basis of the developer's qualifications and the substance of the development proposal or where the prospectus is to be supplemented to control the relationship with the prospective developer prior to final designation.

 

2113.2An Exclusive Right Agreement shall provide that the grantee shall have the exclusive right to prepare and submit a development proposal to the Agency, and that during the time the exclusive right is in effect, the Agency will neither solicit nor negotiate any other development proposal for the site.

 

2113.3The Board may accept, reject, or request modifications to the proposal submitted.

 

2113.4The Board shall accept a development proposal by adopting a resolution authorizing the scheduling of a public hearing on the designation of the developer and the terms and conditions of the land disposition agreement.

 

2113.5The grant of an exclusive right shall be conditioned upon prompt execution of an Exclusive Right Agreement.

 

2113.6Where appropriate, a form copy of the Exclusive Right Agreement shall be included as part of supporting materials referred to in the offering document.

 

2113.7The Exclusive Right Agreement shall set forth in appropriate detail, the requirements for submission of a development proposal and a schedule for the submission of such requirements. Specifically, the Agreement should contain the following provisions:

 

(a)The terms and conditions for the submission, and the amount and conditions for the return of the good faith deposit;

 

(b)A description of the Community Participation Program designed to ensure reasonable community participation in the preparation of the development proposal;

 

(c)The timing and nature of design plan submission;

 

(d)A description of the Affirmative Action Program designed to provide reasonable opportunities for minorities and women in all phases of the planning, development, and operations of the proposed development;

 

(e)A proposed development schedule showing the selected developer's estimates of the timing and sequence of events needed to secure final designation, execution of the Land Disposition Agreement, and start and completion of the improvements;

 

(f)A list of documents and materials that will constitute the final proposal submission;

 

(g)The provisions for the granting of time extensions under the Agreement, including, at the discretion of the Department, reasonable charges as consideration for the Board's granting of any such extensions; and

 

(h)The Department's responsibilities as detailed in §811.8 with the times for such actions.

 

source

Final Rulemaking published at 29 DCR 5410, 5419 (December 10, 1982).