6115188 Resolution 21-416, St. Elizabeths East Campus – Phase I Disposition Approval Resolution of 2016

A RESOLUTION

 

21-416

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

March 1, 2016                            

 

 

To approve the disposition of District-owned real property located between 1300 and 1100 Alabama Ave. S.E., and known for tax and assessment purposes as Lots 809, 811, 812, 813, and 823 in Square S-5868. 

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “St. Elizabeths East Campus – Phase I Disposition Approval Resolution of 2016”.

 

Sec. 2. Definitions.

For the purposes of this resolution, the term:

            (1)  “Act” means 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 et seq.).

            (2) “CBE Act” means 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) “Certified Business Enterprise” means a business enterprise or joint venture certified pursuant to the CBE Act.

            (4) “Developer” means Redbrick LMD, LLC, a Delaware limited liability company, with a business address of 1616 H Street, N.W., Suite 600, Washington, D.C. 20006, and Gragg-Cardona Partners, with a business address of 8630 Fenton Street, Suite 910, Silver Spring, MD 20910, and the single purpose entity formed by and between Redbrick LMD, LLC and Gragg-Cardona Partners for the purpose of developing the Property, or its successor, or one of its affiliates or assignees, as approved by the Mayor.

            (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. Law 5-93; D.C. Official Code § 2-219.03), and Mayor’s Order 83-265 (November 9, 1983), regarding job creation and employment generated as a result of the construction on the Property.

            (6)  “Property” means the real property located between 1300 and 1100 Alabama Ave. S.E., and known for tax and assessment as Lots 809, 811, 812, 813, and 823 in Square S-5868.

 

Sec. 3. Findings.

(a)  The Property is approximately 15.8 acres in area and includes vacant parcels and historic vacant buildings.

(b)  The intended use of the Property is as a mixed-use development providing affordable housing, residential market-rate housing, retail, and any ancillary uses allowed under applicable law, as further described in the term sheet submitted to the Council for consideration with this resolution pursuant to section 1(b-1)(2) of the Act (D.C. Official Code § 10-801(b-1)(2)).

(c)  The Developer shall comply with the requirements of section 1(a-3) of the Act (D.C. Official Code § 10-801(a-3)) by dedicating 30% of all multi-family units as affordable-housing units.

(d)  The Developer shall enter into an agreement that requires the Developer to, at a minimum, contract with Certified Business Enterprises for at least 35% 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% in equity participation and 20% in development participation of Certified Business Enterprises.

(e)  The Developer shall enter into a First Source Agreement.

(f)  The proposed method of disposition is a public or private sale to the bidder providing the most benefit to the District under section 1(b)(8)(F) of the Act (D.C. Official Code § 10-801(b)(8)(F)) for a portion of the Property, and a lease of greater than 20 years under section 1(b)(8)(C) of the Act (D.C. Official Code § 10-801(b)(8)(C)) for a portion of the Property, as further described in the documents submitted to the Council for consideration with this resolution.

(g)  All documents that are submitted with this resolution pursuant to section 1(b-1) of the Act (D.C. Official Code § 10-801(b)) 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 proposed resolution for approval of the disposition of the Property to the Developer.        

(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 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.