NDC – TPSS Co-op
The Takoma Junction City-owned parking lot is to be redeveloped to revitalize the commercial area. Takoma Park City Council selected Neighborhood Development Company (NDC) as the developer for the project.
NDC and TPSS Co-op reach Agreement on Reasonable Accommodations, October 2018
NDC and the Takoma Park Silver Spring Co-op (TPSS Co-op) issued a joint statement on October 16, 2018 announcing that they have reached agreement on a set of reasonable accommodations for TPSS operations before, during and after the construction of the Takoma Junction redevelopment project. The Announcement, Terms of Cooperation Agreement” (Term Sheet) and Full Cooperation Agreement are available on the City’s website.
Parking Lot Sublease Agreement, September 2018
Agreement has been reached between NDC, the City’s development partner, and the TPSS Co-op regarding a sub-lease of the parking lot at Takoma Junction. Per the agreement, the Co-op assumed operational control of the parking lot when the Ground Lease between the City and NDC commenced on September 1, 2018. The lot remains available to the public for parking at no charge during the term of the sub-lease, which is expected to last until construction commences.
NDC and TPSS Co-op Mediation, 2018
On May 24, 2018, the City Council, recognizing the complexity of matters relating to the operation of the TPSS Co-op, offered to provide funding in an amount not to exceed $5,000 to allow for a facilitated discussion between NDC and the TPSS Co-op. The Council viewed this as an opportunity for the parties to identify solutions for the TPSS Co-op’s operational concerns and to reach agreement on how to ensure continuity of its operations during construction. Both NDC and TPSS Co-op agreed to mediate in good faith and to reach agreement on how to equitably address these matters in a timely manner. Members of the Council and City staff served, at the request of the TPSS Co-op, as observers during the mediation. Mediation sessions are private and confidential. The City Council’s expectations regarding the mediation process were detailed in Mayor Kate Stewart’s May 24, 2018 letter to NDC and the TPSS Co-op Board.
Mediation discussions began in late June, facilitated by Dan Dozier, a dispute resolution attorney with the firm of Press, Dizier & Hamelburg, LLC, and were successfully concluded in early October.
NDC and TPSS Co-op Discussions on a Letter of Intent
2016 – 2017
The Takoma Junction Development Agreement (Section 4) included a list of actions that must be undertaken within a specified timeframe. One action was the submission of a Letter of Intent (LOI), executed by NDC and the TPSS Co-op. An LOI is a non-binding agreement that establishes the terms and conditions of a future lease arrangement between a landlord (NDC) and a tenant (Co-op). The LOI was not signed by the deadline and Council authorized NDC to seek a new anchor tenant on January 11, 2017.
The reports submitted by NDC detailing the status of their negotiations with the Co-op regarding the required LOI are posted below. The City is not a party to these negotiations.
- May 8, 2017 Letter from NDC to TPSS Co-op
- January 6, 2017 Negotiation Update Letter with Draft LOI and Additional Exhibits
- December 31, 2016 Negotiation Update Letter
- December 16, 2016 Negotiation Update Letter
- December 2, 2016 Negotiation Update Letter with Draft LOI and Additional Exhibits
- November 18, 2016 Negotiation Update Letter
- November 11, 2016 Negotiation Update Letter
- November 4, 2016 Negotiation Update Letter
- October 26, 2016 Negotiation Update Letter with NDC Concept Design
- October 19, 2016 Negotiation Update Letter
- October 12, 2016 Negotiation Update Letter with Co-op Floor Plan
- October 5, 2016 Negotiation Update Letter
- October 3, 2016 Negotiation Update Letter
- September 23, 2016 Negotiation Update Letter
- September 15, 2016 Neogtiation Update Letter
- September 8, 2016 Negotiation Update Letter
- August 31, 2016 Negotiation Update Letter