§ 2–1225.11. Transfer of NCRC assets and liabilities.

(a) On October 1, 2007:

(1) Legal and equitable title to all real property, personal property, capital, and intangible assets of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer, vest, and be titled, in the name of the District, and the Mayor may exercise any disposition authority related to the property that was previously approved by the Council.

(2) All property, records, and unexpended balances of appropriations, allocations, income, and other funds available to the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District.

(3) The unexpended balances of appropriations, allocations, income, and other funds available to the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the Economic Development Special Account pursuant to § 2-1225.21 [repealed] or to the capital accounts pursuant to § 2-1225.22.

(4) All lawful existing contractual rights and obligations, except employment contracts, of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District, which shall assume all rights, duties, liabilities, and obligations as a successor in interest.

(5) All other existing rights and obligations, including all lawful contractual rights and obligations, and all causes of actions of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District.

(b) Any existing contracts transferred to the District under this section or § 2-1225.02(a) shall not be subject to Unit A of Chapter 3 of this title [§ 2-301.01 et seq.].

(b-1) Any contract between the Deputy Mayor for Planning and Economic Development and a developer for the development of Square 3128 related to Zoning Commission Order No. Z.C. 13-14, or amendment to that order, shall not be subject to subchapters IV, V, VI, and §§ 2-357.02 and 2-361.01 of Chapter 3A of this title.

(c) All real property and other assets transferred pursuant to this section or § 2-1225.02 that are subject to a Community Development Block Grant (“CDBG”) subrecipient agreement with the Department of Housing and Community Development shall continue to be subject to the applicable subrecipient agreement and CDBG regulations.

(d) No existing lawful contract or other lawful legal obligation of the NCRC, the RLARC, the EDFC, and their subsidiaries transferred pursuant to subsection (a) of this section or pursuant to § 2-1225.02 shall be abrogated or impaired by the repeal of subchapter X of this chapter [§ 2-1219.01 et seq].

(e) Nothing in this section or § 2-1225.02 shall impair the obligations, commitments, pledges, covenants, or the security made or provided by the NCRC, the RLARC, the EDFC, or any or their subsidiaries, the Chief Financial Officer, or the Department of Housing and Community Development.

(Mar. 26, 2008, D.C. Law 17-138, § 201, 55 DCR 1689; Oct. 8, 2016, D.C. Law 21-160, § 2062, 63 DCR 10775.)

Section References

This section is referenced in § 2-1225.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of DMPED Procurement Clarification Emergency Amendment Act of 2016 (D.C. Act 21-366, Apr. 27, 2016, 63 DCR 6840).

For temporary (90 day) addition, see § 201 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 201 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of DMPED Procurement Clarification Temporary Amendment Act of 2016 (D.C. Law 21-126, July 1, 2016, 63 DCR 7100).

D.C. Law 17-53, § 201, added a section to read as follows:

“Sec. 201. Transfer of NCRC assets and liabilities.

“(a) On October 1, 2007:

“(1) Legal and equitable title to all real property, personal property, capital and intangible assets of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer, vest, and be titled, in the name of the District, and the Mayor may exercise any disposition authority related to such property that was previously approved by the Council.

“(2) All property, records, and unexpended balances of appropriations, allocations, income and other funds available to the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District.

“(3) The unexpended balances of appropriations, allocations, income, and other funds available to the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the Economic Development Special Account Fund pursuant to section 301 or to the capital accounts pursuant to section 302.

“(4) All lawful existing contractual rights and obligations, except employment contracts, of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District, which shall assume all rights, duties, liabilities, and obligations as a successor in interest.

“(5) All other existing rights and obligations, including all lawful contractual rights and obligations, and all causes of actions of the NCRC, the RLARC, the EDFC, and any of their subsidiaries, shall transfer to the District.

“(b) Any existing contracts transferred to the District under this section or section 102(a) shall not be subject to the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.).

“(c) All real property and other assets transferred pursuant to this section or section 102 that are subject to a Community Development Block Grant (‘CDBG’) subrecipient agreement with the Department of Housing and Community Development shall continue to be subject to the applicable subrecipient agreement and CDBG regulations.

“(d) No existing lawful contract or other lawful legal obligation of the NCRC, the RLARC, the EDFC, and their subsidiaries transferred pursuant to subsection (a) of this section or pursuant to section 102 shall be abrogated or impaired by the repeal of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; D.C. Official Code § 2-1219.01 et seq.).

“(e) Nothing in this section or section 102 shall impair the obligations, commitments, pledges, covenants, or the security made or provided by the NCRC, the RLARC, the EDFC, or any or their subsidiaries, the Chief Financial Officer, or the Department of Housing and Community Development.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.