D.C. Mun. Regs. tit. 10, r. 10-B3210

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B3210 - EXCLUSIVE RIGHT SELECTION

3210.1

An exclusive right designation shall be used in competitive dispositions when the Department determines that because of market conditions, size of the site, or use of the site, selection of a developer should be made on the basis of the developer's qualifications and the substance of the development proposal or where the prospectus is to be supplemented to control the relationship with the prospective developer prior to final designation.

3210.2

An Exclusive Right Agreement (ERA) shall provide that the grantee shall have the exclusive right to prepare and submit a development proposal to the Department and that during the time the ERA is in effect, the Department will neither solicit nor negotiate any other development proposal for the site.

3210.3

The Director may accept, reject or request modifications to the proposal submitted.

3210.4

The Director, following acceptance of a development proposal, shall authorize the scheduling of a public hearing on the designation of the developer and the terms and conditions or the Land Disposition Agreement.

3210.5

The grant of an exclusive right by the Department shall be conditioned upon prompt execution of an Exclusive Right Agreement.

3210.6

Where appropriate, a form copy of the ERA shall be included as part of supporting materials referred to in the offering document.

3210.7

The Exclusive Right Agreement shall set forth in appropriate detail, the requirements for submission of a development proposal and a schedule of the submission of the requirements. The Agreement shall contain the following provisions:

(a) The terms and conditions for the submission, and the amount and conditions for the return of the good faith deposit;

(b) A description of the Community Participation Program designed to ensure reasonable community participation in the preparation of the development proposal;

(c) The timing and nature of design plan submission;

(d) A description of the Affirmative Action Program designed to provide reasonable opportunities for minorities and women in all phases of the planning, development, and operations of the proposed development;

(e) A proposed development schedule showing the selected developer's estimates of the timing and sequence of events needed to secure final designation, execution of the Land Disposition Agreement, and start and completion of the improvements;

(f) A list of documents and materials that will constitute the final proposal submission; and

(g) The provisions for the granting of the extensions under the Agreement, including, at the discretion of the Department, reasonable charges as consideration for the Director's granting of any such extensions.

D.C. Mun. Regs. tit. 10, r. 10-B3210

Final Rulemaking published at 41 DCR 7048, 7062 (October 28, 1994)