The Council finds that in order for the development of the new convention center hotel to proceed, it is necessary for the District and the Authority to lease to Marriott International, Inc., the developer of the new convention center hotel, or its designee, 2 parcels of land that are part of the site of the new convention center hotel.
(Sept. 28, 1994, D.C. Law 10-188, § 221, formerly § 701, as added Sept. 19, 2006, D.C. Law 16-163, § 201, 53 DCR 5430; renumbered Mar. 25, 2009, D.C. Law 17-353, § 122(d), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353, in the credit, renumbered the section designation from § 701 to § 221.
Emergency Act Amendments
For temporary (90 day) addition, see § 201 of New Convention Center Hotel Omnibus Financing and Development Emergency Act of 2006 (D.C. Act 16-404, June 26, 2006, 53 DCR 5404).
Legislative History of Laws
Law 16-163, the "New Convention Center Hotel Omnibus Financing and Development Act of 2006", was introduced in Council and assigned Bill No. 16-630 which was referred to the Committee on Economic Development The Bill was adopted on first and second readings on May 2, 2006, and June 6, 2006, respectively. Signed by the Mayor on June 27, 2006, it was assigned Act No. 16-409 and transmitted to both Houses of Congress for its review. D.C. Law 16-163 became effective on September 19, 2006.
For Law 17-353, see notes following § 10-1016.
(a) Notwithstanding any other provision of law, the Mayor may grant a lease to Marriott International, Inc., or its designee, of the real property described as a portion of Lot 26 (formerly known as Lots 18, 21, 801 through 806, 830 through 839, 843, and 845), Square 370, including all public alleys to be closed within these lots, on the following terms and conditions:
(1) The lease term shall be 99 years, with lease payments beginning on the 3rd anniversary of operations; provided, that the commencement of the lease payments may be extended as mutually agreed by the parties.
(2) Annual lease payments shall be in an amount to be negotiated by the parties; provided, that the present value of the lease payments during the lease term discounted at 6% shall equal at least $70.2 million.
(3) Repealed.
(4) Lease payments shall be payable from cash available after the developer's debt service payments on debt financing as permitted under the Hotel Development and Funding Agreement and lease.
(5) A right of first refusal and an option to acquire the District's fee interest in the real property during the lease term.
(6) The lease may be subordinated to a leasehold mortgage securing development financing for the developer and may permit the issuance of a new lease upon foreclosure on the same terms and conditions as the prior lease.
(b) Notwithstanding any other provision of law, the Mayor may assign the annual lease payments required by subsection (a) of this section to the Authority.
(Sept. 28, 1994, D.C. Law 10-188, § 222, formerly § 702, as added Sept. 19, 2006, D.C. Law 16-163, § 201, 53 DCR 5430; Apr. 15, 2008, D.C. Law 17- 144, § 3(c), 55 DCR 2527; Mar. 21, 2009, D.C. Law 17-339, § 2(a), 56 DCR 947; renumbered Mar. 25, 2009, D.C. Law 17-353, § 122(e), 56 DCR 1117; Oct. 22, 2009, D.C. Law 18-78, § 2(e), 56 DCR 6959.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-144 rewrote the section which had read as follows:
"The Mayor may grant a lease to Marriott International, Inc., or its designee, of the real property described as lots 62, 838, 839, 848, 859, and 878, square 369, and lots 18, 21, 22, 24, 801 through 806, 830 through 836, 837, 838, 839, 843, and 845, square 370, including all public alleys to be closed within these lots, on the following terms and conditions:
"(1) The lease term shall be 99 years, with no lease payments during the 3 year construction period and during the 1st 3 years of operation of the New Convention Center Hotel, up to a maximum of 6 years.
"(2) A lease payment of $885,000 shall be paid during the 4th year of operation in equal monthly installments of $73,750.
"(3) An annual lease payment of $3.572 million shall be paid in monthly installments during the 5th year of operation and shall increase annually by 2.5% each year until the end of the lease term.
"(4) Lease payments shall be payable from cash available after the developer's debt service payments on a loan for the new convention center hotel.
"(5) The lease may be subordinated to a leasehold mortgage securing development financing for the developer."
D.C. Law 17-339 added par. (6).
D.C. Law 17-353, in the credit, renumbered the section designation from § 702 to § 222.
D.C. Law 18-78 designated the existing text as subsec. (a); in the lead-in text of subsec. (a), substituted "a portion of Lot 26 (formerly known as Lots 18, 21, 801 through 806, 830 through 839, 843, and 845), Square 370" for "Lots 18, 21, 801 through 806, 830 through 839, 843, and 845 in Square 370"; in subsec. (a)(1), substituted "on the 3rd anniversary of operations" for "in the 4th year of operations"; in subsec. (a)(4), substituted "debt financing as permitted under the Hotel Development and Funding Agreement and lease" for "a loan for the new convention center hotel"; and added subsec. (b).
Temporary Amendments of Section
Section 2(a) of D.C. Law 17-228 added par. (6) to read as follows:
"(6) The lease may be subordinated to a leasehold mortgage securing development financing for the developer and may permit the issuance of a new lease upon foreclosure on the same terms and conditions as the prior lease.".
Section 5(b) of D.C. Law 17-228 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 201 of New Convention Center Hotel Omnibus Financing and Development Emergency Act of 2006 (D.C. Act 16-404, June 26, 2006, 53 DCR 5404).
For temporary (90 day) amendment, see § 2(a) of New Convention Center Hotel Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17-412, June 18, 2008, 55 DCR 7026).
For temporary (90 day) amendment of section, see § 2(a) of New Convention Center Hotel Combined Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17-604, December 16, 2008, 56 DCR 17).
For temporary (90 day) amendment of section, see § 2(a) of New Convention Center Hotel Technical Amendments Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-28, March 16, 2009, 56 DCR 2319).
For temporary (90 day) amendment of section, see § 2(e) of New Convention Center Hotel Emergency Amendment Act of 2009 (D.C. Act 18-186, August 12, 2009, 56 DCR 6967).
Legislative History of Laws
For Law 16-163, see notes following § 10-1202.21
For Law 17-144, see notes following § 10-1202.01.
Law 17-339, the "New Convention Center Hotel Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-774 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 6, 2009, it was assigned Act No. 17-657 and transmitted to both Houses of Congress for its review. D.C. Law 17-339 became effective on March 21, 2009.
For Law 17-353, see notes following § 10-1016.
For Law 18-78, see notes following § 10-1202.01.
Notwithstanding any other provision of law, the Authority may lease to Marriott International, Inc., or its designee, the real property described as a portion of Lot 26 (formerly known as Lots 22 and 24), Square 370, on the following terms and conditions:
(1) The lease term shall be 99 years, with lease payments beginning on the earlier of:
(A) The commencement of the 4th year of operation of the New Convention Center Hotel; or
(B) October 1, 2014; provided, that this date may be extended as mutually agreed by the parties.
(2) Annual lease payments shall be in an amount to be negotiated by the parties; provided, that the present value of the lease payments during the lease term discounted at 6% shall equal at least $31.5 million.
(3) A right of first refusal and an option to acquire the Authority's fee interest in the real property during the lease term.
(4) The Authority may convey to lessee its fee simple interest to the improvements located on the lots for lessee to own during the lease term.
(5) Lease payments shall be payable from cash available after payment of the developer's debt service on a loan for the new convention center hotel.
(6) The lease may be subordinated to a leasehold mortgage securing development financing for the developer and may permit the issuance of a new lease upon foreclosure on the same terms and conditions as the prior lease.
(Sept. 28, 1994, D.C. Law 10-188, § 223, formerly § 703, as added Sept. 19, 2006, D.C. Law 16-163, § 201, 53 DCR 5430; Apr. 15, 2008, D.C. Law 17- 144, § 3(d), 55 DCR 2527; Mar. 21, 2009, D.C. Law 17-339, § 2(b), 56 DCR 947; renumbered Mar. 25, 2009, D.C. Law 17-353, § 122(f), 56 DCR 1117; Oct. 22, 2009, D.C. Law 18-78, § 2(f), 56 DCR 6959.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-144 rewrote the section which had read as follows:
"The Authority may lease to Marriott International, Inc., or its designee, the real property described as lots 22 and 24, square 370, on the following terms and conditions:
"(1) The lease term shall be 99 years, with no lease payments during construction up to a maximum of 3 years.
"(2) An annual lease payment, beginning upon the opening of the new convention center hotel, equal to the debt service costs related to funding the parcel's purchase price, construction period interest, reserves, and issuance costs.
"(3) Commencing in the 31st year of operation of the new convention center hotel, and for each year thereafter during the lease term, the lease payment shall be $500,000, increased every 10 years by 5% thereafter.
"(4) Lease payments shall be payable from cash available after payment of the developer's debt service on a loan for the new convention center hotel.
"(5) The lease may be subordinated to a leasehold mortgage securing development financing for the lease."
D.C. Law 17-339 added pars. (5) and (6).
D.C. Law 17-353, in the credit, renumbered the section designation from § 703 to § 223.
D.C. Law 18-78 substituted "a portion of Lot 26 (formerly known as Lots 22 and 24), Square 370" for "Lots 22 and 24, Square 370".
Temporary Amendments of Section
Section 2(b) of D.C. Law 17-228 added pars. (5) and (6) to read as follows:
"(5) Lease payments shall be payable from cash available after payment of the developer's debt service on a loan for the New Convention Center Hotel.
"(6) The lease may be subordinated to a leasehold mortgage securing development financing for the developer and may permit the issuance of a new lease upon foreclosure on the same terms and conditions as the prior lease.".
Section 5(b) of D.C. Law 17-228 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) additions, see § 201 of New Convention Center Hotel Omnibus Financing and Development Emergency Act of 2006 (D.C. Act 16-404, June 26, 2006, 53 DCR 5404).
For temporary (90 day) amendment of section, see § 2(b) of New Convention Center Hotel Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17- 412, June 18, 2008, 55 DCR 7026).
For temporary (90 day) amendment of section, see § 2(b) of New Convention Center Hotel Combined Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17-604, December 16, 2008, 56 DCR 17).
For temporary (90 day) amendment of section, see § 2(b) of New Convention Center Hotel Technical Amendments Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-28, March 16, 2009, 56 DCR 2319).
For temporary (90 day) addition, see § 2(c) of New Convention Center Hotel Technical Amendments Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-28, March 16, 2009, 56 DCR 2319).
For temporary (90 day) amendment of section, see § 2(f) of New Convention Center Hotel Emergency Amendment Act of 2009 (D.C. Act 18-186, August 12, 2009, 56 DCR 6967).
Legislative History of Laws
For Law 16-163, see notes following § 10-1202.21
For Law 17-144, see notes following § 10-1202.01.
For Law 17-339, see notes following § 10-1202.22.
For Law 17-353, see notes following § 10-1016.
For Law 18-78, see notes following § 10-1202.01.
(a) Notwithstanding any other provision of law, with respect to the airspace located below the portion of N Street, N.W., between 7th and 9th Streets, N.W., the portion of 9th Street, N.W., between and including N Street, N.W., and Massachusetts Avenue, N.W., and the adjoining sidewalks abutting the new convention center in which the Authority was permitted to construct, and has constructed, a portion of the new convention center, including loading docks, access ramps, and associated driveways, the Authority may enter into one or more agreements with Marriott International, Inc., or its designee, to permit Marriott International, Inc., or its designee to:
(1) Use the new convention center's access ramp and associated driveways and entrances thereto for such purposes as may be authorized by the Authority;
(2) Construct, operate, and maintain within the airspace an access way from the new convention center's access ramp and associated driveways for the purpose of entering and exiting from the proposed loading docks of the new convention center hotel and such other purposes as may be authorized by the Authority; and
(3) Construct, operate, and maintain within such airspace a pedestrian connector between the new convention center hotel and the new convention center and for such other purposes as may be authorized by the Authority.
(b) The agreement regarding the pedestrian connector authorized under subsection (a) of this section may provide that Marriott International, Inc., or its designee, shall be responsible for the operation and maintenance of the pedestrian connector and, if so provided, that the Authority shall pay 50% of the costs to operate and maintain the pedestrian connector.
(Sept. 28, 1994, Law 10-188, § 703a, as added Mar. 21, 2009, D.C. Law 17- 339, § 2(c), 56 DCR 947.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 2(a) of D.C. Law 17-294 added a section to read as follows:
"Sec. 703a. Use of new convention center vault space.
"(a) Notwithstanding any other provision of law, with respect to the airspace located below the portion of N Street, N.W., between 7th and 9th Streets, N.W., and 9th Street, N.W., between and including N Street, N.W., and Massachusetts Avenue, N.W., and the adjoining sidewalks abutting the new convention center in which the Authority was permitted to construct, and has constructed, a portion of the new convention center, including loading docks, access ramps, and associated driveways, the Authority may enter into one or more agreements with Marriott International, Inc., or its designee, to permit Marriott International, Inc., or its designee to:
"(1) Use the new convention center's access ramp and associated driveways;
"(2) Construct and maintain within such airspace access ways from the new convention center's access ramp and associated driveways for the purpose of entering and exiting from the proposed loading docks of the new convention center hotel and such other purposes as may be authorized by the Authority; and
"(3) Construct, operate, and maintain within such airspace a pedestrian connector between the new convention center hotel and the new convention center.
"(b) The agreement regarding the pedestrian connector authorized under subsection (a) of this section may provide that Marriott International, Inc., or its designee, shall be responsible for the operation and maintenance of the pedestrian connector and, if so provided, that the Authority shall pay 50% of the costs to operate and maintain the pedestrian connector.".
Section 4(b) of D.C. Law 17-294 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2(a) of New Convention Center Hotel Emergency Amendment Act of 2008 (D.C. Act 17-556, October 27, 2008, 55 DCR 12004).
For temporary (90 day) addition, see § 2(c) of New Convention Center Hotel Combined Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17- 604, December 16, 2008, 56 DCR 17).
Legislative History of Laws
For Law 17-339, see notes following § 10-1202.22.
(a) Notwithstanding any other provision of law, with respect to the lots in Squares 400, 402, and 424 titled in the name of the District in which the Authority was permitted to construct, and has constructed, a portion of the new convention center, including loading docks, access ramps, and associated driveways and entrances thereto, the Authority may enter into one or more agreements with Marriott International, Inc., or its designee, to grant, as an appurtenance to the new convention center hotel site (including any public or private alleys closed or to be closed in connection with the development of the new convention center hotel), the following easements and uses:
(1) An ingress and egress easement over and across the new convention center's access ramp and associated driveways and entrances thereto for such purposes as may be authorized by the Authority; and
(2) A temporary construction easement over the new convention center's access ramp and associated driveways and entrances thereto for the construction of a pedestrian connector between the new convention center hotel and the new convention center, together with an easement for ingress and egress over and through the pedestrian connector to and from the new convention center hotel and the new convention center and for such other purposes as may be authorized by the Authority.
(Sept. 28, 1994, Law 10-188, § 703b, as added Mar. 21, 2009, D.C. Law 17- 339, § 2(c), 56 DCR 947.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 2(c) of New Convention Center Hotel Combined Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17- 604, December 16, 2008, 56 DCR 17).
Legislative History of Laws
For Law 17-339, see notes following § 10-1202.22.
Notwithstanding any other provision of law, the Mayor may issue a permit or airspace lease to Marriott International, Inc., or its designee, for vault space or airspace adjacent to the real property subject to the leases authorized by §§ 10-1202.22 and 10-1202.23, having a term not to exceed 99 years, or such longer period as may be otherwise determined by the Mayor, and at no additional rent or fee, except as may be otherwise determined by the Mayor, but otherwise in accordance with subchapters I and II of Chapter 11 of this title, as applicable. The recording of any airspace lease executed pursuant to this section among the land records of the District of Columbia shall be exempt from the recordation tax imposed by § 42-1103.
(Sept. 19, 2006, D.C. Law 16-163, § 704, as added Apr. 15, 2008, D.C. Law 17-144, § 3(e), 55 DCR 2527; Mar. 21, 2009, D.C. Law 17-339, § 2(d), 56 DCR 947; Oct. 22, 2009, D.C. Law 18-78, § 2(g), 56 DCR 6959.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-339 rewrote the section, which had read as follows:
"Notwithstanding any other provision of law, the Mayor is authorized to issue a permit for vault space adjacent to the real property subject to the lease referenced in §§ 10-1202.22 and 10-1202.23 in accordance with subchapter I of Chapter 11 of this title, coterminous with such lease and at no additional rent or fee."
D.C. Law 18-78 inserted "The recording of any airspace lease executed pursuant to this section among the land records of the District of Columbia shall be exempt from the recordation tax imposed by § 42-1103."
Temporary Amendments of Section
Section 2(c) of D.C. Law 17-228, at the end of the section heading, inserted "or airspace lease"; substituted "permit or lease" for "permit"; substituted "vault space or airspace" for ""vault space"; and substituted "and the District of Columbia Public Space Utilization Act, approved October 17, 1968 (82 Stat. 1166; D.C. Official Code § 10-1121.01 et seq.), coterminous" for "coterminous".
Section 5(b) of D.C. Law 17-228 provides that the act shall expire after 225 days of its having taken effect.
Section 2(b) of D.C. Law 17-294 amended this section to read as follows:
"Sec. 704. Authority for vault space permit or airspace lease.
"Notwithstanding any other provision of law, the Mayor may issue a permit or airspace lease to Marriott International, Inc., or its designee, for vault space or airspace adjacent to the real property subject to the leases referenced in sections 702 and 703, having a term not to exceed 99 years, or such longer period as may be otherwise determined by the Mayor, and at no additional rent or fee, except as may be otherwise determined by the Mayor, but otherwise in accordance with the District of Columbia Public Space Rental Act, approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), and the District of Columbia Public Space Utilization Act, approved October 17, 1968 (82 Stat. 1166; D.C. Official Code § 10-1121.01 et seq.), as applicable.".
Section 4(b) of D.C. Law 17-294 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment, see § 2(c) of New Convention Center Hotel Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17-412, June 18, 2008, 55 DCR 7026).
For temporary (90 day) amendment of section, see § 2(b) of New Convention Center Hotel Emergency Amendment Act of 2008 (D.C. Act 17-556, October 27, 2008, 55 DCR 12004).
For temporary (90 day) amendment of section, see § 2(d) of New Convention Center Hotel Combined Technical Amendments Emergency Amendment Act of 2008 (D.C. Act 17-604, December 16, 2008, 56 DCR 17).
For temporary (90 day) amendment of section, see § 2(d) of New Convention Center Hotel Technical Amendments Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-28, March 16, 2009, 56 DCR 2319).
For temporary (90 day) amendment of section, see § 2(g) of New Convention Center Hotel Emergency Amendment Act of 2009 (D.C. Act 18-186, August 12, 2009, 56 DCR 6967).
Legislative History of Laws
For Law 17-144, see notes following § 10-1202.01.
For Law 17-339, see notes following § 10-1202.22.
For Law 18-78, see notes following § 10-1202.01.
