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MURIEL BOWSER
MAYOR
December 16, 2024
The Honorable Phil Mendelson
Chairman, Council ofthe District ofColumbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant section 451 ofthe District ofColumbia 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 Sale L easeback Agreement with Belmont Crossing Partners L L C in the amount of
$16,300,000.
Under the proposed agreement, the District will purchase from Belmont Crossing Partners LLC,
using funds from the Housing Production Trust Fund, real property located at 4386 7th Street SE,
4283 Barnaby Road SE, and 4201 7th Street SE in Ward 8 for $16,300,000. The District will then
lease the property to BCP II LLC for the purpose of developing 229 units of affordable housing,
including 70 units for residents earning less than 30% of Median Family Income ("MFI"), 113
units for residents earning between 30% and 50% ofMFI, and 46 units for residents earning up to
80% ofMFI.
My administration is available to answer any questions you may have regarding the proposed
agreement. In order to facilitate a response to any questions you may have, please have your staff
contact Christopher Earley, Deputy Director, Department of Housing and Community
Development, at (202) 442-7158.
I look forward to the Council's favorable consideration ofthis agreement.
Sincerely,
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Housing and
Community Development
COUNCIL CONTRACT SUMMARY
Pursuant to the Community Development Act of 1975 (D.C. Official Code§ 6-1003 et seq.) and Mayor's
Order 76-111 (May 3, 1976), the following agreement summary is provided:
(A) The proposed contractor, contract amount, unit and method of
compensation, contract term, and type of contract:
Proposed Contractor: Belmont Crossing Partners LLC
Contract Amount: $16,300,000
Unit and Method of Compensation: Wire payment
Term of Contract: Until execution of ground lease or other termination ("unwind" of sale)
Type of Contract: Sale Leaseback 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 acquire
property associated with Phase II of the Belmont Crossing affordable housing development,
located at 4283 Barnaby Rd. SE; Lot 113 with an address of 4201 7th St. SE and Lot 114 with
an address of 4201 7th St. SE. DHCD is making this acquisition solely for the purpose of
facilitating the redevelopment of a 229- unit multifamily affordable housing development known
as Belmont Crossing Phase II through a sales-leaseback transaction. This sale-leaseback
transaction is being facilitated pursuant to the authority under the Community Development Act
of 1975 (D.C. Official Code § 6-1003 et seq.) and Mayor's Order 76-111 (May 3, 1976).
Pursuant to D.C. Official Code § 6-1005(c)(1), on September 24, 2024, DHCD held a virtual
public hearing to provide information and accept comments on the proposed sale-leaseback and
development of the site for affordable housing development.
(C) Results, including the price and technical components:
As a project financing request that was submitted to DHCD during the 2021 Consolidated
Request for Proposals process, this transaction was structured to more efficiently use the
District’s available tax-exempt bond allocation by the District (via DHCD) acquiring the
Property, thus reducing the amount of tax-exempt bond financing necessary to facilitate the
transaction. As such, DHCD received the offer to enter into a sale leaseback arrangement from
the property owner as part of a proposal to finance eligible acquisition, predevelopment, soft and
hard costs associated with 229 affordable housing units located at 4283 Barnaby Rd. SE; Lot
113 and 114 with an address of 4201 7th St. SE. The $16,300,000 in Housing Production Trust
Fund (“HPTF”) financing reflected here is the acquisition portion of the transaction that entails
the District purchasing the property and then leasing it back to the project sponsor for the to
effectuate the 229-unit affordable housing development.
(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 seller, Belmont Crossing Partners LLC, was formed for the purpose of developing the
Belmont Crossing multifamily development in three phases. Owners of Belmont Crossing
Partners include of Housing Help Plus, MED, Gilbane Development Company and
EquityPlus Manager. All entities involved in the proposed 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 purchase price of $16,300,000 via the Housing Production Trust Fund
will be used to acquire the property from Belmont Crossing Partners LLC. The purchase
and lease-back of 4283 Barnaby Rd. SE; Lot 113 with an address of 4201 7th St. SE and
Lot 114 with an address of 4201 7th St. SE, will facilitate the construction of 229 affordable
rental housing units in four buildings, including 70 permanent supportive housing units
available to residents earning less than 30% of MFI, 113 units for residents earning between
30% and 50%, and 46 units for people earning up to 80% of MFI. The project is consistent
with DHCD's goal of preserving and producing affordable housing for low-to-moderate
income residents, and all standard DHCD asset management requirements related to both
HPTF and Low Income Housing Tax Credit (“LIHTC”) financing will remain in place
during the HPTF loan term and the LIHTC compliance period (as 4% LIHTCs and tax-
exempt bond financing will also be used to facilitate this transaction).
(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 acquisition will be funded through the Housing Production Trust Fund. Attached is the
funding certification memorandum from the Office of the Chief Financial Officer that funds
for the proposed sale leaseback transaction are available and, as such, this transaction is
consistent with the District's financial 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.
(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.):
The proposed contractor is not a certified local, small or disadvantaged business enterprise as defined
in D.C. Official Code § 2-218.01 et seq.
(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 debarred from providing services or goods to the
District or federal government. An executed debarment affidavit affirming this is
attached.
(L) Where the contract, if executed, will be made available online:
The contract summary will be available at www.dhcd.dc.gov.
* Government ofthe District ofColumbia
*
*
MEE (Office of the Chief Financial Officer 1101 4% Street, SW
Ollie of Tax and Revenue ‘Washington, DC 20024
Date of Notice: December 10, 2024 Notice Number: 10012942413
BCP IT LLC
7, JACKSON WALKWAY
PROVIDENCE RI 02903-3638
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. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate ofClean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. 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-S048/MyTax.DCgov
Initial File #: L00007568765
Entity Type: LLC
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 CERTIFICATE OF
GOOD STANDING is hereby issued to
BCP II LLC
WE FURTHER CERTIFY that the domestic entity is formed under the law of the District on
02/06/2023 ; 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 12/6/2024 12:28 PM
Business and Professional Licensing Administration
Tracking #: C8BdH1Ds
PROJECT/CONTRACT ELIGIBILITY AFFIDAVIT!
AUTHORIZED REPRESENTATIVE
THEREBY AFFIRM THATI am the soa ence and the duly
authorized representative of 8°°1uic and that I possess the legal
authority to make this Affidavit on behalf
of myself and the organization for which lam acting.
CERTIFICATION OF ORGANIZATIONAL REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT the organization named above is a
corporation, unincorporated association or partnership duly registered in accordance with the laws of
the District ofColumbia and is in good standing. The name and addressofits resident agent is:
I FURTHER AFFIRM THAT, except as validly contested, the organization and any related
entities, has paid, or will have paid all real property, income, and withholding taxes due to the
District of Columbia prior to execution of any funding agreement awarded by the Dis
Columbia.
AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, I have not been indicted, convicted of, or have had probation before judgment
imposed, or have pleaded nolo contender to a charge of bribery, attempted bribery, or conspiracy to
bribe in violation of any District of Columbia or federal law.
AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, | have not been indicted or convicted ofa criminal offense incident to obtaining,
attempting to obtain, or performing a public or private contract; fraud, embezzlement, theft, forgery,
falsification or destructionofrecords: receiving stolen property: or admitted in writing or under
oath, during the course of an official investigation or other proceeding, acts or omi
constitute grounds for conviction or liability under any law or statute described abov
AFFIRMATION REGARDING CIVIL LIABILITY
AFFIRM. to the best of my knowledge, information, and belief, that within the
ither I nor the above organization has been found civilly liable for commission of
fraud or a criminal offense incident to obtaining, attempting to obtain or performing a public or
* Project Contract Eligibility Af¥idavit is also known as the Contract Affidavit
privatecontract; violation of federal or state antitrust statutes; commissionofembezzlement, theft,
Forgery, falsification or destruction of records; making false statements; or receiving stolen property.
AFFIRMATION REGARDING CURRENT CRIMINAL OR CIVIL LIABILITY
I FURTHER AFFIRM. to the best of my knowledge, information, and belief that I am not
currently indicted or otherwise criminally or civilly charged by a governmental entity with
commissionof anyofthe offenses enumerated in the three preceding paragraphs of this Affidavit.
AFFIRMATION REGARDING DEBARMENT
past five years, I have not been debarred, proposed for debarment, suspended, declare
excluded from or determined incligible (including being issued a limited denial of parti
any public emtity.
AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES:
1 FURTHER AFFIRM THAT (a) the organi tion was not established, and it does not
‘operate in a manner designed to evade the appl ionofor defeat the purpose ofdebarment; and (b)
the organization is not a successor, assignee, subs iary, or affiliate ofa suspended or debarred
organization.
SUBCONTRACT AFFIRMATION
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that neither T
nor the above organization, has knowingly entered into a contract with a public body under which a
person debarred or suspended will provide, directly or indirectly, supplies, services, architectural
construction-related services, leases ofreal property, or construction.
AFFIRMATION REGARDING PAST PROJECT PERFORMANCE
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, neither I, nor the above organization and its related entities have while acting as a
sponsor, developer, guarantor, or owner of a project development team been removed as a general
partner or managing member, as applicable; had chronic past due accounts; had substantial liens,
judgments, foreclosures, or bankruptcies; had unresolved defaults; issued chronic housing code
violations; received excessive tenant complaints; failed to receive IRS Form 8609 for a completed
project; of failed to correct a report of Low-Income Housing Credit Agencies Report of
Noncompliance or Building Disposition (Form 8823).
AFFIRMATION REGARDING PAST DHCD PROJECT PERFORMANCE
LFURTHER AFFIRM, to the best of my knowledge, information, and belief, that I and the
above organization and its related entities are in compliance with all cxistingand and prior agreeme nts
with DHCD and/or the District of Columbia, including major health, safety building informat codes. 1
‘and the above organization andits related entities have not consistently failed to provide years, I and ion
three
to DHCD about existing developments or other loan applications. Within the edpastby DIICD or
the above organization and its related entities have not had an award terminat
received an unsatisfactory rating from DIICD or HUD,ifapplicable.
Ifthe Affiant cannot certify that he/she nor the above organization has not been tion debarred,
suspended, proposed for debarment, declared ineligible, excluded from,notparticipa in a public
contract; or eannot certify that he/she nor the above organiza tion has been indicted, conv dl,
g, attempti
or civilly charged by a governmental entity with an offense incident to obtaininforgery. falsifica ng to
obtain, or performing a public or private contract, fraud, embezzlement, theft, tion
of destruction of records; of receiving stolen property ; or cannot certify that within the past five
years, he/she, nor the above organizationhas a history ofremoval from a project development team;
Substantial liens, defaults, judgments, foreclosures, and/or bankruptcies: he/she shall provide an
explanation with this Affidavit. An explanation will not necessart ily result in denialof participation
in a Request for Proposal award. Failure to submit this Affidavi will disqualify the authorized
representative and the above organization from a Request for Proposal award.
[1 check hereifan explanation is atached to this Affidavit.
ACKNOWLEDGMENT.
ACKNOWLEDGE THAT this Affidavit is to be furnished to the District of Columbia
Departmentof Housing and Community Development andthe may be distributed to units of(a) the
District of Columbia government; (b) other states; and (c) federalUnited government. | further
acknowledge that this Affidavit is subject to applicable lawsoft he States and the Distriet of
Columbia, both criminal and civil, and that nothing in this Affidavit or any agreement resulting from
ed to supersede, amend, modify, ot waive, on behalf
the submissionofthis proposal shall be construDistrict
ofthe District of Columbia, or any unitofthe of Columbia having jurisdiction, the exercise
of any statutory right or remedy conferred by the Constitution and then lawsof the Distriet of
Columbia with respect to any misrepresentation made or any violatio of the obligations, terms and
respect to (a) this
covenants undertaken by the above organization with and (e) other AffidavitsAffidavit, (b) the project
proposal, (c) the funding award, (4) the f