District of Columbia Code Division I. Government of District. § 10-1605. Applicability of certain laws to Transaction Documents, Development Site, easements over the RFK Campus, and the sale of Stadium Seat Rights.

(1) Dispose of the Development Site by lease pursuant to the terms of the Term Sheet;  provided, that the preconditions for the issuance of bonds and the expenditure of bond proceeds set forth in section 6 have been met;

(2) Sell Stadium Seat Rights to the Developer pursuant to the terms of the Term Sheet;  and

(3) Grant easements over the RFK Campus to such persons as the Mayor determines appropriate in furtherance of the redevelopment of the RFK Campus;  provided, that the preconditions for the issuance of bonds and the expenditure of bond proceeds set forth in section 6 have been met.

(d)(1) Section 8-651.04a (“Urban Forest Preservation Act”), shall not apply to the Development Site;  provided, that a fee calculated at the rate applicable for special trees pursuant to § 8-651.04(b)(3), shall be paid for each Heritage Tree removed from the Development Site;

(2) The waiver of § 8-651.04a) set forth in paragraph (1) of this subsection shall not apply to the Anacostia Commons riparian area.

(f)(1) The Developer shall provide affordable housing for the Development Site in an amount that equals or exceeds 30% of the residential units, with 1/2 of the affordable units set aside for households earning equal to or less than 60% of the median family income (“MFI”) and 1/2 of the affordable units set aside for households earning equal to or less than 30% of the MFI (“Affordable Dwelling Unit Requirement”).

(2) The Affordable Dwelling Unit Requirement shall be calculated based on the total number of developed units rather than on a per building basis.

(3) Inclusionary zoning requirements shall not be applicable to the Development Site.

(4) To provide flexibility to deliver all housing types in an expedited and efficient manner, all other details (such as duration of affordability, lottery, and the certification process for the affordable dwelling units) regarding the implementation of the Affordable Dwelling Unit Requirement shall be as set forth in the Transaction Documents.