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A RESOLUTION
21-171
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
July 14, 2015
To approve the disposition by lease of District-owned real property located at 908 Wahler Place,
S.E., commonly known as the Draper School and designated for tax and assessment purposes as Lot 0801 in Square 5926.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Draper School Lease Approval Resolution of 2015”.
Sec. 2. Definitions
For the purposes of this resolution, the term:
(1) “CBE Agreement” means an agreement with the District governing certain obligations of the Lessee or the developer of the Property under the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.) (“CBE Act”), including the equity and development participation requirements set forth in section 2349a of the CBE Act (D.C. Official Code § 2-218.49a).
(2) “Certified Business Enterprise” means a business enterprise or joint venture certified pursuant to the CBE Act.
(3) “First Source Agreement” means an agreement with the District governing certain obligations of the Lessee or the developer of the Property pursuant to section 4 of the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.03), and Mayor’s Order 83-265 (November 9, 1983), regarding job creation and employment generated as a result of the construction on the Property.
(4) “Lessee” means Achievement Preparatory Academy, Inc., a District of Columbia non-profit corporation or its successor.
(5) “Property” means the real property located at 908 Wahler Place, S.E. in Washington, D.C, commonly known as the Draper School and designated for tax and assessment purposes as Lot 0801, Square 5926.
Sec. 3. Approval of disposition
(a) Pursuant to section 1 of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code §10-801) (“Act”), the Mayor transmitted to the Council a request for Council to authorize a lease of the Property to the Lessee.
(b) The proposed disposition would occur through a negotiated ground lease of greater than 20 years to the Lessee, whose primary address is 908 Wahler Place, S.E., Washington, D.C. 20032.
(c) The proposed disposition is expected to include the following terms and conditions, in addition to such other terms and conditions as the Mayor deems necessary or appropriate:
(1) The Lessee shall redevelop the Property in accordance with plans approved by the District and shall use the Property primarily as an educational facility.
(2) The Lessee will enter into a CBE Agreement with the District. The CBE Agreement will require the Lessee to contract with Certified Business Enterprises for at least 35% of the contract dollar volume of the redevelopment of the Property, if any, and if possible, will require at least 20% equity and development participation of local, small and disadvantaged business enterprises.
(3) The Lessee will enter into a First Source Agreement with the District.
(d) The Council finds that the Property is not required for public purposes.
(e) The Council finds that the Mayor’s analysis of economic and other policy factors supporting the disposition of the Property justifies the lease proposed by the Mayor.
(f) All documents executed in accordance with this resolution shall be consistent with the executed term sheet (the April 29, 2015 “Letter of Intent”) transmitted to the Council pursuant to section 1(b-1)(2) of the Act (D.C. Official Code §10-801 (b-1)(2)).
(g) The Council approves the disposition of the Property.
Sec. 4. Transmittal
The Council shall transmit a copy of this resolution, upon its adoption, to the Office of the Mayor, the Department of General Services, and the Chief Financial Officer.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This resolution shall take effect immediately.
