Wrarasicos
GROSSO»
Larry J. Tarabicos
Geolfiey L. Grosso
Scott L. Matthews
Michael J. Hoffman
‘Thomas F. Driscoll 111
Bradley E. Marcum (NJ and PA only)
Adrian E. Ciacci (PA only)
July 16, 2018
VIA CERTIFIED AND ELECTRONIC MAIL,
Dr. Mark Holodick, Superintendent
Brandywine Schoo! District
1311 Brandywine Boulevard
Wilmington, Delaware 19809
‘Michael J. Hoffman
mike@tarabicosgrosso.com
(0) 302-757-7811
(0) 302-757-7801,
(One Corporate Commons
100 West Commons Boulevard
Suite 415
New Castle, DE 19720
302-757-7800
wwnw.tarabicosgrosso.com
RE: Concord Plaza Revised Voluntary School Assessment Agreement
Dear Dr. Holodick
Thank you, again, for taking the time, especially while on vacation, to discuss the
Concord Plaza project and associated Voluntary School Assessment Agreement. Enclosed, for
your records, is a Clocked Copy of the revised Agreement, which was recorded in the Office of
the Recorder of Deeds in and for New Castle County on July 12, 2018.
In addition, this letter memorializes the parties’ understanding, consistent with our
conversations the week of June 24, 2018, that the full Voluntary School Assessment for the
subject 101 residential units shall not be due until June 30, 2021 (i.e. three (3) years after the date
of the revised Voluntary School Assessment Agreement), or upon Certificate of Occupancy,
whichever date shall occur later. This letter further memorializes the parties’ understanding that,
for purposes of the Voluntary School Assessment Agreement, the first building permit for a
residential unit to be constructed on the Property was issued during fiscal year 2017.
Please advise at your earliest convenience if anything within this letter is not consistent
with your understanding. Otherwise, thank you for your cooperation and efforts,
Very truly your
Micl J. Hoffman:
Enclosure
cc: Dr. Jason Hale, Chief Financial Officer (via electronic mail)
Mr. Robert E. Buecini (via electronic mail)
Joseph G. Lisicky, Esquire (via electronic mail)
(00035155 Docx.SLOCKED COPY
Tax Parcel Nos.:
06-051.00-112
06-052.00-267
06-052.00-002
06-051.00-054
MI 06.052.00-268
20 | 06-052.00-003
vote ao 1? g5o8e 06-051.00-123
Han
120180024278 Prepared By/Return to:
Nich Kozikeuski James Pennewell
New Castle Recorder MISC Education Specialist, Capital
Projects Management
Delaware Department of Education
John G. Townsend Building
401 Federal Street, Suite 2
Dover, DE 19901
VOLUNTARY SCHOOL ASSESSMENT AGREEMENT
THIS AGREEMENT made this 30" day of June, 2018, by and between the Delaware
Department of Education, hereinafter referred to as “DDOE,” an Agency of the State of Delaware,
and BPG Office III, LLC, a limited liability company of the State of Delaware, Residential Partners
X Concord, LLC, a limited liability company of the State of Delaware, and Residential Partners X
Phase 1 Concord, LLC, a limited liability company of the State of Delaware, for themselves and for
their successors and assigns, being all legal and equitable owners of the property, hereinafter refer to
as “OWNERS”,
WHEREAS, OWNERS warrant that they hold fee simple absolute title to those certain lands
and premises more fully described in Exhibit “A” attached hereto and incorporated herein by
reference thereto, hereinafter referred to as the “Property;” and
WHEREAS, pursuant to New Castle County Department of Land Use Application No.2015-
0715, OWNERS desire to create a major subdivision on the Property to be known as “Concord
Plaza” containing 341 residential units, none of which units shall be restricted by covenants of recordto provide housing or shelter predominantly for individuals 55 years of age or older pursuant to the
provisions of the Federal Fair Housing Act, 42 U.S.C. §3601, et seq.; the subdivision plan for which
said subdivision was recorded in the Office of the Recorder of Deeds in and for New Castle County,
Delaware as Instrument No. 20170126-0004656; and
WHEREAS, DDOE and OWNERS executed a Voluntary School Assessment Agreement for
the Property dated January 11, 2017 and recorded in the Office of the Recorder of Deeds in and for
‘New Castle County as Instrument No. 20170111-0001958 (the “January 2017 Agreement”); and
WHEREAS, after further examination of the projected impacts of the Concord Plaza project,
the Brandywine School District has certified that the school district has adequate capacity for 240 of
the Concord Plaza residential units; and
WHEREAS, a Voluntary School Assessment is required with respect to the 101 residential
units for which the school district has concluded there is no capacity; and
WHEREAS, the OWNERS desire to provide for the payment of the Voluntary School
Assessment pursuant to the provisions of 9 Del. C. §2661 and 14 Del. C. §103 (c); and
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of TEN
DOLLARS ($10.00) paid by each of the parties hereto unto the other, the receipt of which is hereby
acknowledged, together with other good and valuable consideration, the sufficiency of which the
parties do hereby acknowledge, the parties hereby covenant and agree as follows, to-wit:
1, For each of the residential units, which shall be the last one hundred and one (101)
residential units to be constructed on the Property, OWNERS shall pay to the DDOE the Voluntary
School Assessment for the fiscal year in which the first building permits issued for a residential unit
to be constructed on the Property, hereinafter referred to as the “Assessment.” The DDOE shall
2