Section 10-B2117. NEGOTIATION PROCESS

 

2117.1When the Board authorizes the Department to negotiate the disposition of a site with a named prospective developer, the Director or his or her designee shall do the following:

 

(a)Notify the prospective developer in writing that the Board has authorized the Department to commence negotiations and that the negotiations must be completed within a stipulated period of time; and

 

(b)Provide the prospective developer with a list of concerns that must be addressed by the prospective developer during the negotiations.

 

2117.2The concerns to be addressed by the developer shall include the following:

 

(a)The nature and extent of the proposed use as well as the procedure and timing for the submission of plans, drawings, and other graphic material. This material shall be in sufficient detail to permit the Department to make a reasonable judgment as to the design and financial feasibility of the proposed development;

 

(b)The nature and extent of the proposed financing, including source of both debt and equity funds as well as the procedure and timing for the submission of financing documents. This information shall be in sufficient detail as to permit the Department to make a reasonable judgment as to financial feasibility of the proposed development;

 

(c)The purchase price or lease rate for the site or the schedule for the Agency's determination of the price or lease rate;

 

(d)The nature and extent of the steps the prospective developer proposes to take to ensure community participation in the planning and development of the project;

 

(e)The nature and extent of the Affirmative Action Program the prospective developer proposes to follow to ensure adequate opportunities are made available for minorities and women in the planning, management, and development of the project and in leasing of commercial space in the completed project;

 

(f)The qualifications of each of the members of the development team. The required information shall include materials regarding the background, experience, and capability of each team member, as well as any organizational document relating to the offeror's legal entity;

 

(g)The extent to which minorities and women and local groups participate in the equity ownership of the proposed project; and

 

(h)The terms and conditions of the proposed land disposition agreement. A draft agreement should be made available to the prospective developer as quickly as possible.

 

2117.3The Department shall arrange meetings or conferences, and provide other assistance that may be necessary to ensure that a formal proposal that addresses the concerns set forth above is submitted within the time stipulated in the Board resolution. If the Department is of the opinion that for good and sufficient reasons the deadlines cannot be met, it shall request the Board to extend the negotiation time for a reasonable period.

 

2117.4When negotiations have been completed and a formal proposal is submitted to the Department, the Department shall review the proposal and shall submit the proposal to the appropriate community organizations (see §810.3(a) for definition of "appropriate community organizations"). These organizations shall have thirty (30) days from receipt of the proposal to provide the Department with written comments.

 

2117.5Prior to final designation, the Department shall prepare and submit to the Board a written analysis of the proposal along with any comments by Council issued during the thirty (30) day Council review and comment period, and any written community comments.

 

2117.6At a duly announced meeting, the Board shall by resolution accept, reject, or direct the Department to further negotiate the proposal.

 

2117.7If further negotiations are directed, the Board shall indicate the specific area to be renegotiated and the reason for renegotiation.

 

2117.8The resolution accepting the proposal shall be in accordance with the provisions of §§2112.5 through 2112.11.

 

source

Final Rulemaking published at 29 DCR 5410, 5424 (December 10, 1982).