MURIEL BOWSER
MAYOR
July 3, 2023
The Honorable Phil Mendelson Chairman
Council of the District of Columbia John A.
Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004 Dear
Chairman Mendelson:
Pursuant to Section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1- 204.51)
enclosed for consideration and approval by the Council of the District of Columbia is a proposed
contract with Lisner Senior Independent Owner LP.
Under the
will loan $26,608,777 from the Housing Production Trust Fund for the purpose of financing certain
eligible acquisition costs, predevelopment costs, soft costs, and construction hard costs for 93 units of
affordable housing located at 5455 Western Avenue, NW in Ward 3.
My administration is available to discuss any questions you have regarding the proposed contract. In
order to facilitate a response to any questions you may have, please have your staff contact Tsega
Bekele, Chief of Staff, DHCD, at (202) 442-7144.
I look forward to the favorable consideration of this contract. Sincerely,
Muriel Bowser, Mayor
Enclosures
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Housing and Community Development
COUNCIL CONTRACT SUMMARY
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, effective April
8, 2011 (D.C. Law 18-371; D.C. Official Code §2-352.02(c)), the following contract
summary is provided:
(A) The proposed contractor, contract amount, unit and method of compensation, contract
term, and type of contract:
Proposed Contractor: LISNER Senior Independent Owner LP
Contract Amount: $26,608,777 43yrs / 3% Simple Interest
Unit and Method of Compensation: Draw Schedule
Term of Contract: 43yrs / 3% Simple Interest
Type of Contract: Loan agreement
(B) The goods or services to be provided, the methods of delivering goods or services, and
any significant program changes reflected in the proposed contract:
The Department of Housing and Community Development (DHCD) proposes to
provide a loan to Lisner Senior Independent Owner LP in the amount of $26,608,777
from the Housing Production Trust Fund for the purpose of financing certain eligible
predevelopment costs, soft costs and construction hard costs
associated with 93 affordable housing units located at 5455 Western Avenue, NW in
Ward 3.
(C) Results, including the price and technical components:
DHCD received a request for funding from the borrower to be used for the purpose of
financing certain eligible acquisition costs, predevelopment costs, soft costs and
construction hard costs associated with 93 affordable housing units located at 5455
Western Avenue, NW in Ward 3.
Page 1 of 3
(D) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and prior performance on contracts with
the District government:
The contractor is a newly formed entity specific to this project. Urban Atlantic is the developer and
sponsoring organization of the Lisner Senior Independent project, alongside Lisner Home (also
known as the Lisner-Louise-Dickson-Hurt Home). Lisner Home is a 501(c)(3) non-profit
organization founded in 1939, whose mission is to provide extraordinary health and life care
services to low- and modest-income seniors. The organization has owned the Lisner site since
1939. It is currently used as surface parking for the existing Lisner Home, surrounded by grassy
areas and several mature trees. EquityPlus is the development consultant. Bozzuto Contractors, Inc.
will be the general contractor.
The development consultant and general contractor have satisfactory prior performance on
contracts with the District government.
(E) Performance standards and the expected outcome of the proposed contract:
The proposed DHCD loan proceeds will be used to provide a loan to Lisner Senior
Independent Owner LP in the amount of $26,608,777 from the Housing Production
Trust Fund for the purpose of financing certain eligible acquisition costs,
predevelopment costs, construction costs, and soft costs associated with the construction
of 93 affordable housing units located at 5455 Western Avenue, NW in Ward 3.
The project is consistent with DHCD preserving and producing affordable
housing for low-to-moderate income residents. Additionally, the borrower is required to
fulfill all conditions as set forth in the loan agreement within the agreed upon time
frames. Failure to fulfill the terms of the loan agreement will constitute default.
(F) A certification that the proposed contract is within the appropriated budget authority
for the agency for the fiscal year and is consistent with the financial plan and budget
adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The loan will be funded through the Housing Production Trust Fund. Attached is the
plan and budget.
(G) A certification that the proposed contract is legally sufficient, including whether the
proposed contractor has any currently pending legal claims against the District:
A legal sufficiency memorandum from the Office of the General Counsel is attached.
(H) A certification that the proposed contractor is current with its District and federal
taxes or has worked out and is current with a payment schedule approved by the
District or federal government:
District and federal tax law compliance certifications are attached.
Page 2 of 3
(I) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C.
Law 16-32; D.C. Official Code § 2-218.01 et seq.):
Lisner Senior Independent Owner LP is not a certified local, small, or
disadvantaged business enterprise.
(J) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(K) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:
The proposed contractor is not currently debarred from providing services or goods to
the District or federal government. A debarment affidavit is attached.
(L) Where the contract, if executed, will be made available online:
The contract summary will be available at www.dhcd.dc.gov.
Page 3 of 3
* Government ofthe DistrictofColumbia
*
*
Mum (Office ofthe Chief Financial Officer 1101 4" Street, SW
Gm Office of Tax and Revenue ‘Washington, DC 20024
Date ofNotice: May 11, 2023 Notice Number: 0009517719 =
LISNER SENIOR INDEPENDENT OWNER FEIN: **-***7624
7735 OLD GEORGETOWN RD STE 600. Case ID: 1506960
BETHESDA MD 20814-6233
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. Asofthe dats above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER Tl. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE§47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Melinda Jenkins
Branch Chief, Collection and Enforcement Administration
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC-gov
Initial File #: P00007411579
Entity Type: LP
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
CERTIFICATE
THIS IS TO CERTIFY that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this
is hereby issued to
Lisner Senior Independent Owner LP
WE FURTHER CERTIFY that the domestic entity is formed under the law of the District on
07/14/2022 ; that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the records of the Mayor; The entity's most
recent biennial report required by § 29-102.11 has been delivered for filing to the Mayor; and the
entity has not been dissolved. This office does not have any information about the entity s
business practices and financial standing and this certificate shall not be construed as the entity s
endorsement.
IN TESTIMONY WHEREOF I have hereunto set my hand and caused the seal of this office to
be affixed as of 5/10/2023 5:29 PM
Business and Professional Licensing Administration
Tracking #: 8h4ihwlS
kk
—
—=
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Office of the General Counsel
acd oa
MEMORANDUM
TO: Muriel E. Bowser
Mayor
THRU: Julia Wiley, General Counsel
Department of Housing and Copfmunity Development
FROM: Kathy Charles-Christian, Assistant General Counsel <7?
Department ofHousing and Community Development
DATE: June 21, 2023
SUBJECT: Proposed Loan Contract in the principal amount not to exceed Twenty Six
Million Six Hundred and Eight Thousand Seven Hundred Seventy-Seven
Dollars and Zero Cents ($26,608,777.00) (the "Loan") to Lisner Senior
Independent Owner LP (the “Borrower”)
The proposed Loan is funded by Housing Production Trust Fund (“HPTF”) Program funds in an
amount not to exceed Twenty Six Million Six Hundred and Eight Thousand Seven Hundred
Seventy-Seven Dollars and Zero Cents ($26,608,777.00). The Loan proceeds will finance
eligible project development expenses, including acquisition costs, soft costs, and construction
hard costs, related to the new constructionof Ninety-Three (93) rental housing units at that
certain real property located at 5455 Western Avenue NW, Washington, DC 20015 (the
"Project"). All Ninety-Three (93) Project units shall be reserved as affordable housing units (the
“Reserved Units”). Fifty-Two (52) Reserved Units shall be affordable to and occupied by
households at or below 30%ofthe Area Median Income (“AMI”), of which Nineteen (19) of
these Reserved Units shall be designated as Permanent Supportive Housing units. Forty-One
(41) ofthe Reserved Units shall be affordable to and occupied by households at or below 50%
‘AMI. The Project affordability restrictions shall be enforced by affordability covenants that run
with the land in perpetuity.
The attached Loan Agreement evidencing the proposed contract has been prepared by the Office
ofthe General Counselofthe Department of Housing and Community Development and is
legally sufficient in accordance with all applicable federal and District of Columbia laws. If you
have any specific questions regarding this Loan contract, please contact Kathy Charles-Christian
at (202) 442-7226.
ce: Colleen Green, Director
Joseph Knackstedt, Deputy Manager, DED
Anna Scallet, Project Manager, DFD
Mikaell Briscoe, Development Finance Office Coordinator, DFD
Taura Smalls, Legislative Affairs Specialist
AFFIDAVIT
SIGNED AFFIDAVIT ATTACHED
|, Lois Fried, hereby attest that all membersof the team, who are listed below, are not listed in the
List of Parties Excluded from Federal Procurement or Non-Procurement Programs.
DEVELOPMENT TEAM
Owner: Lisner Senior Independent Owner LP
Consultant (s): EquityPlus, LLC
Management Agent: Winn Management Company LLC
Attorney y: Saul Ewing LLP
Contractor: Bozzuto Contractors, Inc.
Architect(s): Wiencek + Associates Architects + Planners, Inc.
Other( N/A
| further attest that no principal, major stockholder, officer, or director of the team is debarred
from participating in a federal procurement or non-procurement program.
Liser Senior independent LP
a District
ofColumbia limited partnership
By: Lisner Senior Independent GP Member LLC,
a Delaware limited liability company,
its General Partner
By: UAD Lisner Senior Independent LLC,
a District of Columbia limited liability company,
its Managing Member
By: UAD HC LLC
a Delaware limited liability company,
its Manager
By:
‘Managing Partney
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY
(CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER $1M/INTRA-
DISTRICTs)
Contracting Agency: Dept. Housing and Community Development Agency Code:
Using Agency: Dept. Housing and Community Development Agency Code:
Loan/Grant/Lease Sub-recipient Name: LISNER SENIOR INDEPENDENT OWNER LP
Should the D.C. Council have any questions regarding this loan/grant/lease, please contact:
Project Manager: Anna Scallet Telephone Number: (202) 442-7131
TYPE OF DOCUMENT SUBMITTED
1. Loan/Grant/Lease Modification 4. Written or Informal Contract
2. Exercise of Grant Option Year (E. O.) 5. Lease of Real Property
3. Loan/Grant/Lease Agreement for: 6. Other:
Lisner Senior Independent Owner LP
LOAN/GRANT TYPE
1. Grant 4. Cost Reimbursement
2. Loan Price $26,608,777 5. Time and Material
3. Task Order 6. Advance Payment
Page 1 of 4
GRANT/LOAN/LEASE INFORMATION
Grant/Loan/Lease No. : _DHCD Amount: $26,608,777 (HPTF)
Interest Rate: 3%
Does this Grant/Loan Amount exceed $1 million: Yes No
If yes, please attach a copy of the DC Council approval and provide the following information:
Date received: Date approved:
LEASE INFORMATION
Lease No.: Total Cost
Location: Annual Cost
Sq. Ft. Leased: Cost Per Sq. Ft.
Total Bldg. Sq. Ft.: % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated 4. Intra-District
2. Capital 5. Inter-Jurisdictional
3. Grant ( ) 6. Other: HPTF
If procurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes N/A
If Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
% .
Page 2 of 4
1. Is this Grant/Loan one of multiple (more than one) Grants/Loans for similar goods, services, etc.,
awarded by the Agency to this subrecipient, or related entity, within the last twelve (12) months?
Yes No
2. Have reserved funds been obligated for payment? (If Yes, ensure documentation is included in
Grant/Loan File).
Yes No
3. Is the File complete? (If Yes, please attach pertinent documentation).
Yes No
4. Is the subrecipient a successor to or affiliated with another individual or business that has
Grant/Loan with the Agency?
Yes No
If Yes, name of Predecessor/Affiliate:
Affiliates of Urban Atlantic have completed prior projects with the Agency.
5. Is a former District employee an owner, officer, or affiliate of the subrecipient?
Yes No
If Yes, Name and Affiliation:
Please discuss any other critical issues such as time constraints; health and safety issues; or
financial/revenue production issues that should be known.
FUTURE INFORMATION/DOCUMENTATION TO BE SUBMITTED TO AUTHORITY
IF Grant/Loan IS AWARDED
1. Award Date 4. Claims By/Against Grant/Loan
2. Expiration Date 5. Certified Completion Date
3. Amendments 6. Final Payment Date
Page 3 of 4
CERTIFICATIONS
1 certify that this proposed loan between the Departmentof Housing and Community Development (DHCD)
and Lisner Senior Independent Owner LP in the amount of $26,608,777 from the District of Columbia Housing
Production Trust Fund will finance eligible acquisition cost