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A RESOLUTION
21-214
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 22, 2015
To approve the disposition of District-owned real property located at 965 Florida Avenue, N.W., and known for tax and assessment purposes as Lot 1102 in Square 2873.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “965 Florida Avenue, N.W., Disposition Approval Resolution of 2015”.
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 any 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 property located at 965 Florida Avenue, N.W., and known for tax and assessment purposes as Lot 1102 in Square 2873.
(5) “Purchaser” means the Developer, its successor, or one of its affiliates or assignees approved by the Mayor.
Sec. 3. Findings.
(a) The Developer of the Property shall be Sherman Avenue LLC, with a business address c/o MRP Realty, 3050 K Street, N.W., Suite 125, Washington, D.C. 20007 (the “Developer”).
(b) The Property is located at 965 Florida Avenue, N.W., and consists of an approximately 1.45 acre parcel of land in the Shaw/Cardozo neighborhood of Ward 1 currently serving as an unused parking lot and containing one small abandoned building.
(c) The intended use of the Property (the “Project”) is a mixed-use development providing for affordable housing, residential market rate housing, commercial retail, and any ancillary uses allowed under applicable law, and as further described in the term sheet submitted with this resolution.
(d) The Purchaser shall comply with the requirements of section 1(a-3) of An Act Authorizing the sale of certain real estate no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801(a-3)), and the Disposition of District Land for Affordable Housing Amendment Act of 2013, effective March 10, 2015 (D.C. Law 20-193; 62 DCR 3822), dedicating 30% of all multi-family units as affordable-housing units.
(e) The Purchaser shall enter into an agreement that requires the Developer to contract with Certified Business Enterprises for at least 35%t of the contract-dollar volume of the Project, and requires, in accordance with section 2349a of the CBE Act (D.C. Official Code § 2-218.49a), at least 20% of the equity and 20% of the development participation of Certified Business Enterprises.
(f) The Purchaser shall enter into a First Source Agreement with the District that governs 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 Mayor’s Order 83-265, dated November 9, 1983, regarding job creation and employment as a result of the construction on the Property.
(g) Pursuant to section 1(b)(8)(F) 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)(8)(F)), the proposed method of disposition is a public or private sale to the bidder providing the most benefit to the District.
(h) All documents that are submitted with this resolution pursuant to section 1(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-1)) (“Act”), shall be consistent with the executed Memorandum of Understanding or 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)).
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 Purchaser.
(b) The Council approves the disposition of the Property.
Sec. 5. Transmittal.
The Council shall transmit a copy of this resolution, upon its adoption, to the Office of the Mayor.
Sec. 6. 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. 7. Effective date.
This resolution shall take effect immediately.
