D.C. Mun. Regs. tit. 10, r. 10-B3213

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 10-B3213 - NEGOTIATION PROCESS

3213.1

When the Director authorizes the Department to negotiate the disposition of a site with a named prospective developer, the staff shall do the following:

(a) Notify the prospective developer in writing that the Director 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 negotiation period.

3213.2

The 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 Department'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 to 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.

3213.3

The 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 in this section is submitted within the time stipulated in the Director's decision. If the Department is of the opinion that for good and sufficient reasons the deadlines cannot be met, it shall request the Director to extend the negotiation time for a reasonable period.

3213.4

When 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 § 3208.3 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.

3213.5

Prior to final designation, the Department shall prepare and submit to the Director a written analysis of the proposal along with any comments by Council issued during the ninety-day (90) Council review and comment period, and any written community comments.

3213.6

The Director may accept, reject, or direct the Department to further negotiate the proposal.

3213.7

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

3213.8

The decision accepting the proposal shall be in accordance with the provisions of §§ 3209.5 through 3209.11.

D.C. Mun. Regs. tit. 10, r. 10-B3213

Final Rulemaking published at 41 DCR 7048, 7066 (October 28, 1994)