MURIEL BOWSER
MAYOR
August 10, 2020
The Honorable Phil Mendelson
Chairman
Councilofthe District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to D.C. Official Code 1-204.51(b), the Department of General Services hereby
submits to the Councilofthe District of Columbia (the Council) for its review and approval
the attached Agreement of Purchase and Sale by and between the District of Columbia and Latin
American Montessori Bilingual Public Charter School for the Districts acquisition of real
property and the improvements thereon located at 1375 Missouri Avenue NW in Washington,
DC, known for real property tax and assessment purposes as PAR 00870536. Upon acquisition,
the property would be used by the District of Columbia Public Schools as a DC public school.
I urge the Council to take prompt and favorable action on this proposed contract. If you have
any questions, please contact Keith A. Anderson, Director, Department of General Services, at
(202) 727-2800.
BoWser
Encl&sures
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
COUNCIL REAL ESTATE CONTRACT SUMMARY
June 24, 2020
Please note that any capitalized term used but not defined in this Summary shall have the meaning
given to such term in the proposed real estate contract.
1. The name of the proposed lessor, lessee, grantor or other party to the proposed real estate
contract, the type of real estate contract, the source selection method, the primary term
of the real estate contract (if applicable), and the consideration to be paid by the District
(for leases, the total annual rent for the first year and the fiscal years set forth in the
Funding Certification):
Contract Party Name: Latin American Montessori Bilingual Public Charter
School, a District of Columbia non-profit
corporation (Seller)
Type of Real Estate Contract: Agreement of Purchase and Sale (the District is
purchaser)
Location of Real Property: 1375 Missouri Avenue NW
Source Selection Method: Non-competitive (the District did not issue a request
for offers, but responded to Sellers request for
offers, as described below)
Contract Term: N/A
Consideration to be paid by District
- Purchase price: $8,350,000.00
- Certificate of Funding Amount: $8,376,301.00, inclusive of fees and costs to close
the acquisition (including title insurance premium,
settlement fees, etc.)
- Fiscal Year 2020: $8,376,301.00 (the closing is to occur this fiscal
year)
2. The total consideration under the real estate contract is: $8,350,000.00, plus applicable
closing costs (please see above for amount certified).
3. If the real estate contract is a lease, a description of any options to renew the primary
lease term set forth above, the contract amount for the primary lease term and each
option period (and an explanation of any difference), and a description of any options to
purchase the real property:
N/A (not a lease).
_________________________________________________________________________________________________
2000 14th Street, NW, 8th Floor, Washington, DC 20009 Telephone (202) 727-2800 Fax (202) 727-7283
1
4. A description of the real property to be acquired, developed or leased, including any
applicable improvements:
Street Address: 1375 Missouri Avenue NW
Square/Lot Number: PAR 00870536
Total RSF/Acres of Real Property: Approximately 28,875 square feet
Description of Improvements: Existing 3-story building
Total RSF of Improvements: 28,858
5. A description of the Districts specific real property need associated with the proposed
real estate contract and the selection process, including the number of offerors, the
evaluation criteria, and the evaluation results, including price, technical or quality, and
past performance components:
The Department of General Services has been working with the District of Columbia Public
Schools to identify real estate assets that can accommodate the increasing demand for
neighborhood schools, especially in areas of the city experiencing significant population
growth. As real estate becomes increasingly scarce and expensive throughout the city, it is
financially prudent that the District acquire properties that can serve as school facilities and
require minimal capital improvements. This Property meets such criteria, as it is located in a
densely populated area of the city, currently operates as a charter school facility and requires
minimal capital improvements. Once purchased, this Property can be used by DCPS.
The District did not conduct its own site selection process for this transaction. Rather, the
District responded to the Sellers solicitation of offers for the Property. The Districts offer
was one of two finalists considered by the Seller. The Seller selected the Districts offer of
$8,350,000.00 for the Property, which was based upon an as-is condition appraisal obtained
by DGS.
6. The background and qualifications of the proposed contract party, including its
organization, financial stability, personnel, and performance on past or current real
estate contracts with requirements similar to those of the proposed contract:
Latin American Montessori Bilingual Public Charter School is a District of Columbia non-
profit corporation. The District has not purchased real estate from the Seller before, but the
Seller acquired the Property from the District on August 31, 2007.
7. Expected outcomes of the proposed real estate contract:
Upon the Districts acquisition of the Property, the District will allow the Seller to remain on
the Property under a license agreement through the end of December 2020, in order to allow
the Seller time to move its operations to another location. DCPS will then have use of the
Property as a District of Columbia public school.
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8. A statement that suitable space owned by the District is not available or cannot be
reasonably renovated or altered:
Based upon an evaluation of space owned by the District, there is no comparable suitable space
owned by the District, either as-is or which can reasonably be renovated or altered, which
would meet the needs of the District under this proposed real estate contract. The Property is
located in a densely populated area of the city, currently operates as a charter school facility
and requires minimal capital improvements, and therefore meets the needs of DCPS.
9. ANC notice of the proposed real estate contract:
DGS provided written notice to ANC4A and Councilmember Brandon Todd regarding the
proposed real estate contract, as required by applicable law. The notice provided the ANC
with an opportunity to provide written recommendations regarding the proposed contract.
Pursuant to applicable law, DGS would then give great weight to the issues and concerns raised
in any ANC recommendations and provide a written response to the ANC addressing those
issues and concerns. DGS did not receive any written recommendations regarding the
proposed contract from the ANC.
10. A certification that the proposed real estate 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 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has provided the attached provisional funding
certification.
11. A certification that the proposed real estate contract is legally sufficient:
The Office of the General Counsel for the Department of General Services has certified that
the proposed real estate contract is legally sufficient. Please see the attached Legal Sufficiency
Certification.
12. A certification as to whether the proposed contract party has any currently pending legal
claims against the District:
According to the Districts Office of the Attorney General and based upon a certification from
Seller, Seller does not have any legal claims currently pending against the District.
13. A certification that the Citywide Clean Hands database indicates that the proposed
contract party is current with its District taxes:
The proposed contract party is current with its District of Columbia taxes. Please see the
attached Citywide Clean Hands certificate.
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14. A certification from the proposed contract party that it is current with its federal taxes,
or has worked out and is current with a payment schedule approved by the federal
government:
Based upon a certification from Seller, Seller is current with its federal taxes, or has worked
out and is current with a payment schedule approved by the federal government.
15. The status of the proposed contract party as a certified local, small, or disadvantaged
business enterprise, as defined in subchapter IX-A of Chapter 2 of title 2-218.01 et seq.:
The proposed contract party is not a certified local, small, or disadvantaged business enterprise.
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 Government of the District of Columbia
Office of the Chief Financial Officer 1101 4th Street, SW
Office of Tax and Revenue Washington, DC 20024
Date of Notice: June 24, 2020 Notice Number: L0004161449
LATIN AMERICAN MONTESSORI BILINGUAL PUBLIC CH FEIN: **-***6681
1375 MISSOURI AVE NW Case ID: 495839
WASHINGTON DC 20011-1862
CERTIFICATE OF CLEAN HANDS
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 of Clean 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 Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax homepage, click Clean Hands
and then the Validate a Certificate of Clean Hands hyperlink.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
GOVERNMENT OPERATIONS CLUSTER
DEPARTMENT OF GENERAL SERVICES
Antoinette Hudson Beckham Angelique Rice
Agency Fiscal Officer Associate Chief Financial Officer
Subject: FY 2020 Provisional Funding Certification for the Lamb School Purchase
Purpose: This is to verify that the Department of General Services (DGS) will receive from
the Department of Employment Services (DOES) $8,376,301.00 to purchase the
Lamb School project on Missouri Ave, NW. Although funding is available in the
DOES capital project PFL08C it is subject to the reprogramming being approved
by the Executive Office of the Mayor and the Council of the District of
Columbia.
______________________
7/31/20
_________________________for AHB
Antoinette Hudson Beckham Date
441 4th Street, NW Suite 890 North - Washington, DC 20001
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the General Counsel
MEMORANDUM
TO: Ronan Gulstone
Director, Office of Policy and Legislative Affairs
THROUGH: Xavier Beltran XB
General Counsel, Department of General Services
FROM: Katherine Jough
Senior Assistant General Counsel, Department of General Services
SUBJECT: Legal Sufficiency Certification for Proposed Agreement of Purchase and Sale
by and between the District and Latin Montessori Bilingual Public Charter
School for real property at 1375 Missouri Avenue, NW, Washington, DC (the
Purchase Agreement)
DATE: June 24, 2020
This is to certify that this Office has reviewed the above-referenced Purchase Agreement and that
we have found it to be legally sufficient, subject to the submission of any required materials and
Council approval.
If you have any questions, please do not hesitate to contact me at (202) 727-2800.
__________________________
Katherine Jough
Senior Assistant General Counsel, Department of General Services
_________________________________________________________________________________________________
2000 14th Street, NW, 8th Floor, Washington, DC 20009 Telephone (202) 727-2800 Fax (202) 727-7283
1
 EXECUTION VERSION
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT OF PURCHASE AND SALE (this Agreement) is made as of
____________________ ____, 2020 (the Effective Date), by and between the DISTRICT OF
COLUMBIA, a municipal corporation, acting by and through its Department of General Services
(Purchaser), and LATIN AMERICAN MONTESSORI BILINGUAL PUBLIC CHARTER
SCHOOL, a District of Columbia non-profit corporation (Seller). Purchaser and Seller may
each be referred to individually as a Party, and collectively as the Parties.
RECITALS:
WHEREAS, Seller is the owner of the Property (hereinafter defined);
WHEREAS, Seller desires to sell the Property, and Purchaser desires to purchase the
Property, pursuant and subject to the terms and conditions set forth herein;
WHEREAS, Purchaser is authorized, subject to the terms and conditions set forth herein,
to purchase the Property pursuant to D.C. Code 10-551.01 et seq.; and
WHEREAS, to be effective, this Agreement must be approved by the Council of the
District of Columbia, pursuant to D.C. Official Code 1-204.51, as may be amended from time to
time.
NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants
set forth herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Seller and Purchaser agree as follows, intending to be legally bound:
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set forth below:
Anti-Deficiency Acts is defined in Section 9.23.
Appurtenances means collectively, (a) all rights, ways, easements, privileges and
appurtenances to the Land, (b) all strips and gores appurtenant to the Land, and (c) any land lying
in the bed of any streets, roads and alleys appurtenant to the Land.
Attorneys Fees means the Purchasers or Sellers reasonable attorneys fees, as applicable,
which in the case of Purchaser shall include, but are not limited to, attorneys fees for attorney
and legal staff employees of the District of Columbia that are calculated based on the then
applicable hourly rates established in the most current Laffey matrix prepared by the Civil
Division of the United States Attorneys Office for the District of Columbia multiplied by the
number of hours such employees prepared for, or participated in, any such matter.
Code means the Internal Revenue Code of 1986 and all federal regulations promulgated
pursuant thereto, as each may be amended from time to time.
Deed means a special warranty deed transferring fee simple title in the Property to the Purchaser
1375 Missouri Avenue NW - Agreement of Purchase and Sale
Page 1 of 51
 EXECUTION VERSION
in the form of Exhibit B, attached hereto and made a part hereof.
District Negligence means the negligence or willful misconduct of the District or its employees,
agents, contractors or representatives, as determined by the judgment of a court of competent
jurisdiction.
Effective Date means the date first written above, provided that the Parties to this Agreement
shall have executed and delivered this Agreement to the other, and this Agreement shall have been
approved by the Council of the District of Columbia, pursuant to D.C. Official Code 1-204.51,
as may be amended from time to time.
Hazardous Materials means any substance, material, condition, mixture or waste which is now
or hereafter: (a) defined as a hazardous waste, hazardous material, hazardous substance,
extremely hazardous waste, restricted hazardous waste, oil, pollutant or contaminant
under any provision of District of Columbia, Federal or other applicable law, including, without
limitation, (i) Section 311 of the Clean Water Act, 33 U.S.C. Section 1251, et seq. (33 U.S.C.
Section 1321), (ii) the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.
(42 U.S.C. 6903), and (iii) Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9601, et seq. (42 U.S.C. 9601), as each may be
amended or recodified from time to time; (b) classified as radioactive material under any provision
of District of Columbia, Federal or other applicable law; (c) determined to be a hazardous
chemical substance or mixture pursuant to the Toxic Substances Control Act, 15 U.S.C.
2601, et seq., as may be amended or recodified from time to time; (d) identified for remediation
storage, containment, removal, disposal or treatment in any District of Columbia plan for the
Property; (e) determined by District of Columbia or Federal authorities to be a substance which
poses or is capable of posing a risk of injury to human health, safety or property (such substances
to include petroleum and petroleum byproducts, asbestos, polychlorinated biphenyls, polynuclear
aromatic hydrocarbons, cyanide, lead, mercury, acetone, styrene); or (f) a hazardous air pollutant
pursuant to the Clean Air Act, 42 U.S.C. 7412, as may be amended or recodifie