2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 16 - Sports Facilities › Subchapter I - Construction of Ballpark › Part A - General › § 10–1601.08. Certain required provisions to be included in future agreements

§ 10–1601.08. Certain required provisions to be included in future agreements.
(a) The Construction Administration Agreement, referenced in § 10-1601.05(c)(3), shall require a risk management program that minimizes the exposure of the Sports and Entertainment Commission and the District to cost overrun and late completion risk under section 8.04(c)(iii) of the Baseball Stadium Agreement, as defined in § 10-1601.05(a)(3), including, but not limited to provisions that:
(1) Require the team to share equally with the District or the Sports and Entertainment Commission the cost of a program that includes:
(A) A mutually selected insurance consultant engaged to advise on the procurement of construction period insurance and the cost effective allocation of late completion risk in the construction documents;
(B) Mutually approved construction period insurance carried pursuant to section 4.05 of the Baseball Stadium Agreement; and
(C) A mutually selected value engineering consultant engaged to advise the project coordination team on mitigation of cost overrun risk;
(2) To the extent that the team is entitled to compensatory damages under section 8.04(c)(iii) of the Baseball Stadium Agreement as a result of a force majeure event for which there is insurance coverage under subparagraph (1)(A) of this subsection, provide that the team’s recourse to the District or the Sports and Entertainment Commission for the recovery of such damages shall be limited exclusively to the proceeds of the insurance; and
(3) To the extent that the team is entitled to compensatory damages under section 8.04(c)(iii) of the Baseball Stadium Agreement with regard to a missed deadline, provide that the team’s recourse to the District or the Sports and Entertainment Commission for the recovery of such damages, after giving effect to any insurance or other third party recoveries, shall be limited exclusively to:
(A) With regard to the first 12 months following the missing deadline, the right of offset against the license fees for the use of Robert F. Kennedy Stadium after March 1, 2008; and
(B) With regard to the second 12 months following the missed deadline, an amount calculated in accordance with the Baseball Stadium Agreement that shall not exceed $19 million.
(b) The ballpark lease agreement and the license agreement for interim use of Robert F. Kennedy Stadium shall each include provisions requiring Baseball Expos, L.P., or its assigns or successors, to maintain its Major League Baseball franchise in the District for the term of the agreement, and shall each include such other provisions and remedies as shall be necessary to ensure enforcement of this obligation, including all remedies available under District law, and provisions requiring Baseball Expos, L.P., or its assigns or successors, if the team relocates from the District prior to the expiration of the term of the agreement, to directly pay, or to finance the reimbursement of the District or any other party, for any and all outstanding costs to be borne by the District or any other party related to the ballpark as set forth in § 10-1601.02(c), and for any lost revenue that the District or any other party would have received if the team had completed its term.
(Apr. 8, 2005, D.C. Law 15-320, § 108, 52 DCR 1757.)