(a) Notwithstanding any other provision of law, § 2-1226.02(b) and any related provisions imposing any Affordable requirements shall not apply to any Residential Units in excess of 500 Residential Units that are to be constructed in the Mixed-Use Development on the Southwest Waterfront Property; provided, that the GFA of the Affordable Dwelling Units to be constructed is no less than 160,000 GFA.

(b) With respect to any Residential Units in excess of 500 Residential Units that are to be constructed in the Mixed-Use Development on the Southwest Waterfront Property, no less than 20% of the GFA of such additional units shall be Workforce Housing. Eighty thousand GFA of such Workforce Housing required under this provision shall be allocated to the construction of 100% AMI Units. The GFA of any Workforce Housing required under this provision in excess of 80,000 GFA may be allocated at the developer’s discretion either to 100% AMI Units or to 120% AMI Units.

(c) All future amendments to the Land Disposition Agreement shall be submitted to the Council for approval in accordance with the procedures set forth in § 10-801(b-1)(6).

(d) For the purposes of this section, the term:

(1) “Affordable” shall have the same meaning as provided in § 2-1226.02(b)(2).

(2) “Affordable Dwelling Unit” shall have the same meaning as the term “ADU” as set forth in the Land Disposition Agreement.

(3) “Area median income” shall have the same meaning as provided in § 2-1226.02.

(4) “Gross Floor Area” or “GFA” shall have the same meaning as provided in the Land Disposition Agreement.

(5) “Land Disposition Agreement” means the amended and restated land disposition agreement by and between the District of Columbia and Hoffman-Struever Waterfront L.L.C. for the Southwest Waterfront Project dated May 13, 2009, and as amended by the First Amendment dated June 10, 2010 and the Second Amendment dated December 3, 2010.

(6) “Mixed-Use Development” shall have the same meaning as provided in the Land Disposition Agreement.

(7) “Residential Unit” shall have the same meaning as provided in the Land Disposition Agreement.

(8) “Southwest Waterfront Property” shall have the same meaning as provided in the Land Disposition Agreement.

(9) “Workforce Housing” shall mean 100% AMI Units and 120% AMI Units.

(10) “100% AMI Units” shall mean Residential Units that are affordable to households consisting of one or more persons with income equal to or less than 100% of the area median income.

(11) “120% AMI Units” shall mean Residential Units that are affordable to households consisting of one or more persons with income equal to or less than 120% of the area median income.

(Apr. 8, 2011, D.C. Law 18-359, § 2, 58 DCR 767.)