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A RESOLUTION
20-698
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 2, 2014
To approve the disposition of District-owned real property located in the 4200 block of Barnaby Road, S.E., between Bonini Road, S.E., and Chesapeake Street, S.E., in Washington, D.C., and known for tax and assessment purposes as Parcel 238/40.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Barnaby Road Parcel 238/40 Disposition Approval Resolution of 2014”.
Sec. 2. Definitions.
For the purposes of this resolution, the term:
(1) “CBE Agreement” means an agreement governing certain obligations of the Purchaser or the Developer under the Small, Local, and Disadvantaged Business 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.) (“CBE Act”), including the equity and development participation requirements set forth in section 2349a of the CBE Act (D.C. Official Code § 2-218.49a).
(2) “Certified Business Enterprise” means a business enterprise or joint venture certified pursuant to the Small, Local, and Disadvantaged Business 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) “First Source Agreement” means an agreement with the District governing certain obligations of the Purchaser or the Developer of 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 Mayor’s Order 83-265, dated November 9, 1983, regarding job creation and employment generated as a result of the construction on the Property.
(4) “Property” means the real property located in the 4200 block of Barnaby Road, S.E., in Washington, D.C., and known for tax and assessment purposes as Parcel 238/40.
(5) “Purchaser” means Way of the Word Community Development Corporation, which has a primary address of 700 Southern Avenue, S.E., c/o Temple of Praise, Washington, D.C., 20032, its successor, or one of its affiliates or assignees approved by the Mayor.
Sec. 3. Approval of disposition.
(a) Pursuant to subsections 1(b) and (b-1) 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) and (b-1)) ( “Act”), the Mayor transmitted to the Council a request for approval to dispose of the Property through the sale of the Property to the Purchaser.
(b) The Property is adjacent to property owned by the Purchaser, a subsidiary of the Temple of Praise Church organization. The Purchaser is a faith-based not-for-profit organization and leader in development of workforce and transitional housing within Ward 8, and the sale to the Purchaser has been negotiated for the specifically designated purpose of such development.
(c) The proposed disposition shall include the following terms and conditions, in addition to such other terms and conditions as the Mayor deems necessary or appropriate:
(1) The Purchaser shall acquire the Property in its “as is” condition for the sum of $300,000.
(2) The Purchaser shall enter into an agreement requiring the Purchaser 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.
(3) The Purchaser shall enter into a First Source Agreement with the District.
(d) All documents that are submitted with this resolution shall be consistent with the real property purchase agreement term sheet transmitted to the Council pursuant to section 1(b-1)(2) of the Act (D.C. Official Code § 10-801(b-1)(2)) .
(e) The Council finds that the Property is no longer required for public purposes.
(f) The Council finds that the Mayor’s analysis of economic and other policy factors supporting the disposition of the Property justifies the sale proposed by the Mayor.
(g) The Council approves the disposition of the Property.
Sec 4. Transmittal.
The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
Sec. 6. Effective date.
This resolution shall take effect immediately.
