Peary HS Leggett MPIA2

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    (202) 569-9928 (cell)[email protected]:/ projects. washingtonpost.com/staff/articles/michael+birnbaum/

    On Wed, Dec 1, 2010 at 12:52 PM, Lacefield, Patrick wrote:You need to talk with Diane about particulars. She is the Hearing Examiner for a number of cases this afternoon.will forward your email to her.

    - -- - -Or ig ina l Message--- --From: Michae l B i rnbaum [mai lto :b i rnbaumm@ washoost.com]Sent: W e dn es da y, D ec em be r 0 1, 2 01 0 1 2:1 4 P MTo Lacefie ld , Pat rickSubject: a c o nfu s in g m o rn in g r e: P e ar y S c h o olHi Pat,Just left a message at your office. Trying to parse out what seems to be some confusion betweenthe state and the county over the disposition of the Peary school site--the Public SchoolConstruction Program, until Iave a call half an hour ago, was totally convinced that thebuilding was going to be demolished; now they say they're mistaken. (THe school, for its part,certainly says it has no plans to demolish the building.)Basic question: do you understand (or does Diane Schwartz Jones understand) what's going onhere, and whether the state will expect some amount of the sale price from the county?

    Thanks,Michael

    Michael BirnbaumThe Washington Post(202) 334-9607 (office)(202) 569-9928 (cell)[email protected]://projects.washingtonpost.com/staff/articles/michael+birnbaum/

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    From White, Julie [mailto:[email protected]]Sent: Tuesday,December 07, 2010 10:37 AMTo: Zukerman, JenniferSubject: RE: Meeting with Diane Schwartz JonesHi Jennifer - Diane is asking if she can come by in the afternoon at 2:30 p.m. that day and then she will be gonefrom the office for that afternoon.Thank you,JulieFrom Zukerman, Jennifer [mailto:[email protected]]Sent: Monday,December 06, 2010 5:40 PMTo White, JulieSubject: RE: Meeting with Diane Schwartz JonesJulie,Friday the 17thsound perfect. How about if we set it for 8:30arn,or would Diane prefer 9am?Thanks,Jennifer

    -----Original Message-----From: White, Julie [mailto:[email protected]]Sent: Mon 12/6/2010 2:39 PMTo: Zukerman, JenniferSubject: RE: Meeting with Diane Schwartz JonesHi Jennifer: Diane is available on Friday, December 17anytime in themorning and after 2:30 p.m. in the afternoon to come and visit theMelvin J. Berman Hebrew Academy.

    Please let me know if that works for you guys.

    Thank you,Julie

    From: Zukerman, Jennifer [mailto:[email protected]]Sent: Monday, December 06, 2010 12:46 PMTo: White, JulieSubject: Meeting with Diane Schwartz Jones

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    Jones, Diane (CEX)Subject:Location: Visit the Melvin J. Berman HebrewAcademyMelvin J. Berman Hebrew Academy, Harry A. Epstein Campus, 13300 Arctic Avenue,Rockville 20853 Start:End: Wed 1/5/2011 8:30 AMWed 1/5/2011 9:30 AMRecurrence: (none}Meeting Status: Meeting organizerOrganizer:Required Attendees: Jones, Diane (CEX)Jones, Diane (CEX); Zukerman, Jennifer

    Thank you for getting back to me, Jennifer. Attached is the inviation for Diane to Visit on January 5 at 8:30a.m.Have a good weekend, Julie, 240-777-2532Julie,Sorry for the delay in getting back to you. Let's please go ahead and put Diane's visit on the calendar forJanuary 5thand hope it works for Larry. His father-in-law is extremely ill so he doesn't knowwhat will happenday to day, but at this point he has it on his calendar.ThanksJenniferFrom: White, Julie [mailto:[email protected]]Sent: Tuesday, December 07, 2010 11:I0 AMTo: Zukerman, JenniferSubject: RE: Meeting with Diane Schwartz JonesJennifer: Thank you for getting back to me. Maybe we should try after the holidays and new year and schedulefor early January before the Council get's back into session. I can have her stop on the way to work at 8:30 a.monWeds., January 5, 2011. Does that work for Larry's calendar? If not, can you let me know which morningshe has available in January?Thank you,JulieFrom: Zukerman, Jennifer [mailto:[email protected]]Sent: Tuesday, December 07, 2010 11:06 AMTo: White, JulieSubject: RE: Meeting with Diane Schwartz JonesJulie,School is over at 2pm on Fridays in the winter because the sun sets really early. It turns out that Larry is notavailable that morning in the end, so can we look at another day altogether?Thanks, and sorry for the inconvenience,Jennifer

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    CE BriefingBerman Academy Proposed Terms of Sale

    March 23, 20101. Leasea. Includes right to reclaimb. Purchase option - at any time during the lease; subject to anyrestrictions, conditions or requirements which the CountyExecutive and the County Councilmay elect to attach to such apurchase

    i. Subject to approval of BPWii. Purchase price should fully reflect the Premises' conditionon the commencementdate of the Lease, and should

    accordingly be established prior to the Lessee's plannedrepair and renovation of the Premises.1. Parties expected that the value of the property layonly in the land and the buildingwould not attract ordetract from the value of the property2. To be established by appraisals within 120 daysfollowingcommencementof Renvoation Period - toestablish the baseline price.3. 4 Appraisals

    a. Thorne -- $750,000b. Donnelly- 1,920,000c. Sapperstein - 1,755,000d. Frizzell - 1,960,0004. Estimated demolition -- $425,000 - 450,000iii. Suggested approach for value for land average three highestand then deduct demolition costs which yields a value ofapproximately $1.45 million;adjust for CPI per the lease toapproximately $1.9 Million

    e. Conditions - -~~0~+ - o { i. buybClCkat same land price adjusted for CPI plus pay to ~~~r uS'e_ building the lesser of fmv or costs of building ~ii. fields and gymnasiumremain available for public useiii. no right for purchaser to use other than for school....::__,a,_t::: im-:i:--ng.-.J

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    Montgomery County Closed Schools Capital Expenditures and ProceedsRobert Peary High SchoolCap it al Expend it uresCounty/LEAB e fo re T r an s fe r t o C o un tyA fte r T ra ns fe r t o C o un ty

    Bond Pay-o f fT o ta l C o un tyT o ta l B o thL e as e P ro ce e dsReceived10 /07 /1984 to 10 /06 /19880 4 /1 5 /1 9 9 6 t o 1 2 /3 1/2005TotalL es s b on d p ay -o ff c os tsDifferences ta te s h ar e o f e xp e nd it ur esS ta te s h ar e o f p ro c ee d s

    1 3 3 00 A r ct ic A v e nu e , R o c kv ll le

    $4,057,7531,095,387680,653

    StateP SC P In ve stm en t $ 1,1 92 ,1 98 * *1*

    T o ta l S t at eState share $1,f92,19816.97%$5,833,793$7,025,991

    $ 41,5 00 '342,540$384,040$680,853($296,813). 16 .97%

    Anticipated01 /01 /2006 to 04 /14 /2023Tota l

    S ta te - sha r e o f expend itu resS ta te s ha re o f p ro ce ed s

    Footnote L ea se 0 9/2 3 /8 4 - $ 20 ,7 5 0/a nn um L e as e 0 3/ 29 /9 6 . $ 10 /a nn um y rs 1 ~4 , $6 0, 00 0/a nn um r em a in in g 2 3 y ea rs CFAS

    $1,037,500 **$1,037,500

    16.97%$176,047

    Asbestos Removal $795,387Roof Work 300,000County $$After Transfer $1,095,387

    County Actual ProceedsLess maintenance costsLess bond pay-off costsDifferenceState Share of ExpendituresState share of proceeds1* Does Not Include Land Purchase

    $254,0010680,653-426,65216.97%

    ($72,403)

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    Jones, Diane (CEX)From:Sent:To:Subject:

    S io k, P a tM o nd ay , N ov em b er 0 1, 2 01 0 1 1:0 7 A MJ o ne s, D ia n e (C E X)F W : S ellin g o f R o be rt E P ea ry H ig h S ch oo l in A sp en H ill

    Diane - will you be responding? TY P- - -- -Or ig ina l Message--- -From: c laude.groven@o range-ftgroup.com [mai lto :c laude.groven@o range-ftgroup.com]Sent: M o n d a y, No v e m b er 01, 2010 9:51A MT o: Ike L eg ge ttSubject: S e llin g o f R o b er t E P e ar y H ig h S ch o ol i n A s pe n H illT o th e c ou n ty c ou nc il m e m b e rsP le as e b e a dv is ed th at w e a re o pp os ed to th e s ellin g o f th e fo rm e r R o be rt E . P ea ry H ig h S ch oo l in A sp en H iii. T his is ag iv e a wa y a nd m ust n ot g o th ro ug h.Do n o t s e ll t ax p ay e r p ro p e rt y fo r p o lit ic a l g a in s .K e ep th e s ch o ol p ro pe rty a s c ou nty p ro pe rty .Bes t regards

    C la u d e a n d E liz ab e th G rav e n7 3 0 6 Du rbin T e rrac eB e th e sd a M D3019869215

    Thi s mes sage and any at t achment s t he mes sage ) ar e conf i dent i al and i nt ended s ol el y f o rt he addr es s ees .Any unaut hor i s ed us e or di s s em nat i on i s pr ohi bi t ed.Mes sages ar e s us cept i bl e t o al t e r at i on.F r ance Tel ec om Gr oup s hal l not be l i abl e f o r t he mes s age i f al t er ed, changed orf a l s i f i ed.I f you ar e not t he i nt ended addr es s ee of t hi s mes s age, pl eas e cancel i t i mmedi at el y andi nf or m t he s ender .

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    Jones, Diane CEX)From:Sent :To:Cc:Attachments:

    L a rr y S t em [ ls te m @ wf la w .c o m ]F rid ay , N ov em b er 1 9, 2 01 0 3 :4 6 P MJ o ne s, D ia n e (C E X)Da y a nim , B e h n amBOE proper ties=m=g. k ra tz .pd f; BOE proper ti es=m= j. g leason .pd f; Counc il Reso lu t ion .pd f ;C o u n cil E n a blin g R e s o lu tio n (1 9 9 4) .p d f; C o u n cil M i nu te s - No v 1 9 9 4. pd fI d o n't if a n yo n e c ar es a n ym o re a b ou t th e p ro ce d ur es q ue stio n th a t th e c ou n cil s ta ff ra is ed w ith r eg a rd to w h e n th e le a sewa s e n te re d in to .H o w ev e r, I fo u nd th e a tta ch e d r es olu tio n in 1 9 96 a d op tin g r ule s o n d is po sitio n o f c lo se d p ub lic s ch oo ls . A s y ou k no w , t h isw a s e v en tu a lly s up er se ce d b y th e 2 0 01 ru le s.T he 1 99 6 ru le s c am e in to e ffe ct a fte r th e p ea ry s ite w a s le as ed to u s w ith a n o ptio n to b uy . A s th e re so lu tio n s ta te s a nda s th os e c ou nty a ttn y o pin io ns m a ke c le ar, th ere w e re n o ru le s in e ffe ct s in ce th e 1 98 4 ru le s w e re re pe ale d a nd th e 1 97 6r ule s w e re n o t r e- es ta b lis he d b y th e r ep ea l o f th e 1 9 84 r ule s. T h er efo re , th a t's w h y th e p ar tie s r ea so n ab ly r elie d o n th e1 9 94 c ou n cil r es olu tio n a s e n ab lin g th e c ou n ty e xe cu tiv e to e n te r in to th e le a se . A ls o, g iv e n th a t th e 1 9 94 c ou n cilre so lu tio n s pe cific ally s aid th a t th e c ou n cil a pp ro v al w a s to m a d e b y lo o kin g a t th e a pp ro pr ia te e le m e nts o f th e m a s te rp la n, a nd g iv e th e la ck o f o th er re gs a t th at tim e , I th in k it's re as on ab le th at th e c ou nty e xe cu tiv e c ou ld im p os e a re as o na b le c o ns e n t la n g ua g e o n t he c o un c il's a c tio n s a n d t ha t th e d e fin itio n o f re as o na b le n e ss is wh e th e r it 's c o n sis te nw ith th e m a s te r p la n .H a ve a g re a t w e e k en d ,

    L a wre n c e S . S t emW e s t & Fe inberg, P .C .4 5 5 0 M o n tg o m e ry A v e n u eS u it e 7 7 5 NB eth es da , M D 2 08 14301-951-1520301-951-1525 {Fax)

    T h e in fo rm a tio n c on ta in e d in th is c om m u n ic atio n m a y b e c on fid e ntia l, is in te n de d o n ly fo r th e u se o f th e r ec ip ie n t n a m eda b ov e, a n d m a y b e le g ally p riv ile ge d . If th e r ea d er o f th is m e s sa ge is n o t t h e in te n de d r ec ip ie n t, y ou a re h er eb y n o tifie dt ha t a n y d is s em i na tio n , d is tr ib u tio n , o r c o py in g o f t his c o m m u n ic a tio n , o r a n y o f its c o nt en ts , is s tr ic tly p ro h ib it ed . I f y o uh a ve r ec eiv e d th is c om m u n ic atio n in e rro r, p le a se r es en d th is c om m u n ic atio n to th e s en d er a nd d e le te th e o rig in a lm e ss ag e o r a ny c op y o f it fro m y ou r c om p ute r s ys te m .IR S R u le s o f P ra ctic e r eq uir e u s to in fo rm y ou th a t to th e e xte n t th is w ritte n c om m u n ic atio n , in clu d in g a n y a tta ch m e nts ,c on ta in s a d is cu ee io n o f a ny fe de ra l ta x m a tte r, it is n ot in te nd ed o r w ritte n b y u s to b e u se d b y a ny on e f or th e p urp os e o fa v o id in g f ed e ra l t ax p e na lt ie s t ha t m a y b e im p o s ed b y t he f ed e ra l g o v ernm e n t. I n a d d it io n , t his w r it te n c o m m u n ic a tio nm a y n o t b e u se d to s up po rt th e p ro m o tio n o r m a rk etin g o f th e tr an sa ctio n o r m a tte r a d dr es se d h e re in . A n y o ne o th er th a nth e re cip ie n t w h o r ea d s th is c om m u n ic atio n is a d vis ed to s ee k a d vic e b a se d o n th e ir p ar tic ula r c ir cu m s ta nc es fr om a nindependen t tax adv iso r .

    From: Fisher,John [mai lto :John.Flsher@m ontgomerycountymd.gov]Sent: F rid ay , N o v em b er 1 9, 2 01 0 2 :3 1 P MTo: Lar ry S te rn1

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    Jones, Diane (CEX)From:Sent :T o:Subject:

    B e a ch , Jo s ep hT hu rs da y, N ov em b er 2 5, 2 01 0 8 :4 9 A MJ o ne s, D ia n e (C E X)F w : Q u es tio n re la te d to B erm a n (b ut n ot o n th e s ale is su e)F yi, w o r kn g o n th e m c ps q ue stio n s till.F rom : L e v en th a l's O f fic e , C o u n cilm e m b e rTo : as trove@hotma il. com C c : E rv in , V a le rie ; B e rlin e r, R a g e r; R i ce , C raig ; A n d re ws , P h il; Na v a rro, Na n cy ; F lo re e n , Na n c y; E ir ic h , M a rc ; R i em e r ,Hans ; #CCL.Confi den t ia lA ides ; #CCL.Leven tha lS ta ff ; Beach ,Joseph ; F irest ine , T imothy ; James_Song@m cpsmd.orgS ent: T hu N ov 25 08 : 17 :5 3 2 01 0S u bje ct: R E : Q ue stio n re la te d to B erm a n (b ut n ot o n th e s ale is su e)D e a r B o b ,T ha t Is o ne h ec k o f a g oo d qu es tio n.M o s t o f th e a tte n tio n d e vo te d to th e O ffic e o f L e gis la tiv e o v er sig h t's r ep or t o n th e s tr uc tu ra l d e fic it (a va ila b le a th t tp :/ /www.montgomerycoun tvmd.gov /con ten t/ counc il/ o lo / reoor ts /pd f/ 2011-2 .pd f) has gone to the repor t' s p ro jec tionsr eg a rd in g e m p lo ye e c om p e ns atio n a n d h e alth a n d re tir em e n t b e ne fits , a n d th e se d o m e rit a tte n tio n . B u t th e r ep or t a ls om a k es c le a r th a t d e bt s er vic e o b lig a tio n s a re in cr ea sin g a s w e ll a n d w ill c ro w d o u t a v aila b le fu n ds fo r m e e tin g p eo ple 'sn ee ds In th e o pe ra tin g b ud ge t. A s w e s cru tin ize th e o pe ra tin g b ud ge t fo r s av in gs , w e m u st a ls o q u es tio n s om e o f th ea ss um p tio n s w e h a ve b e en m a kin g re g ar din g o u r c ap ita l b u dg e t. S h ou ld w e p ur su e a le ss a m b itio u s c on str uc tio np ro gr am in th e n e w n o rm a l s pe nd in g e n vir on m e nt?I'm c op yin g J a m es S o ng , th e s ch o ol s ys te m 's d ir ec to r o f fa cilitie s m a n ag e m en t, o n th is r ep ly w ith a re qu e st th a t h ere sp on d to y ou r s pe cific q ue stio n a s to w h y th e M e lv in J . B erm a n H eb re w A ca de m y w a s a ble to re no va te th e fo rm e rP ea ry H i gh S ch oo l at a c os t s o m u ch lo w er th an it c os ts th e s ch oo l sy ste m to m o de rn ize its b uild in gs . I'm a ls o c o py in gm y c ou nc il c olle a gu e s s o th a t w e c an a ll th in k a b ou t th e b ro a de r q ue stio n o f r en o va tin g e xis tin g b u ild in g s r a th e r th a na lw a ys re so rtin g to te a rin g d o w n a n d r ep la cin g th e m .B es t w is he s t o y ou a nd y ou r fa m ily fo r a h ap py T ha nk sg iv in g --George

    -.-. O rig in al M e ss ag e -Fr0m:R cibeitA strove .To : george@george leven tha l. comS en t: W e d ne sd ay , N ov em b er 2 4, 2 01 0 8 :4 7 PMS ub je ct: Q ue stio n re la te d to B erm a n (b ut n ot o n th e s ale is su e)George,W h ile I a m p ers on ally o pp os ed to th e s ale , I th in k it Is p re tty c le ar th at it is g oin g th ro ug h a nd I'm c erta in ly n ot g oin g tolo se a ny sle ep o ve r it. I'm in th e g ro up th at th in ks th e price is ju st to o lo w.B U TT H E R E A LT H OU G HT I W A N T T O S H AR Ea nd w o uld a pp re cia te y ou r c om m e nts o n a re ;E ve ry on ea gre es B erm an h as ta ke n a d um p a nd tu rn ed it in to a n ic e s erv ice ab le sch oo l. A nd th ey d id it fo r $ 9M . W h yd oe s it c os t M C P S$ 90 M to re nn ov ate its h ig h s ch oo ls ?M a yb e th ere is a b ig p ile o f m on ey w e co uld re dire ct to o th er pu rpo se s or b ette r ye t - re du ce o ur d eb t lo ad . W h y d on 'tw e re no va te b uild in gs a s o pp os ed to te ar d ow n / re bu ild . T he B erm a n A c ad em y is p hy sic al e v id en ce t ha t th e M C P S

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    Jones, D iane CEXFrom:Sent:To:Subject:

    L a rr y S te m [ ls te m @ wf la w .c o m )S un da y, N ov em b er 2 8, 2 01 0 8 :1 8 P MJ o ne s, D ia ne (C E X); D a ya nim , B e hn amR E: 7 25 95 M e m o fr om D u nc an to B e rla g e - S ta tu s U pd a te o n P e ar y D is po sitio n.p df - A d ob eAcroba t Pro fess iona lI'm h ere a t th e o ffic e a nd w ill b e till la te s o fe e l fr ee to c all. . .. p le a se , I re a lly w a nt to g o fir st a fte r h e s pe ak s a nd th in k it'sth e r ig ht th in g to d o.

    L a wr en ce S . S te mWes t & Fe inberg , P .C .4 5 5 0 M o n tg o m e ry A v e nu eSuite 775NB eth es da , M D 2 08 14301-951-1520301-951-1525 (Fax)

    T h e in fo rm a tio n c on ta in e d in th is c om m u n ic atio n m a y b e c on fid en tia l, is in te n de d o nly fo r th e u se o f th e r ec ip ie nt n am e da bo ve , a nd m a y b e le g ally p riv ile ge d. If th e r ea de r o f th is m e ss ag e is n ot th e in te nd e d re cip ie nt, y ou a re h er eb y n otifie dt ha t a n y d is se m in a tio n , d is tr ib u tio n , o r c o py in g o f t his c o m m u n ic a tio n , o r a n y o f it s c o nte n ts , is s tr ic tly p ro h ib ite d . I f y o uh av e r ec eiv ed th is c om m u n ic atio n in e rr or, p le as e r es en d th is c om m u n ic atio n to th e s en d er a n d d ele te th e o rig in a lm e ss ag e o r a ny c op y o f it fro m y ou r c om p ute r s ys te m .IR S R u le s o f P ra ctic e re qu ir e u s to in fo rm y ou th a t to th e e xte nt th is w ritte n c om m u n ic atio n , in clu d in g a ny a tta ch m e nts ,c on ta in s a d is cu ss io n o f a ny fe de ra l ta x m a tte r, it is n ot in te nd ed o r w ritte n b y u s to b e u se d b y a ny on e fo r th e p urp os e oa v oid in g fe d e ra l t ax p e na ltie s th a t m a y b e im p o se d b y th e f ed e ra l g o ve rn m e n t. In a d ditio n , t his w r it te n c o m m u n ic a tio nm a y n o t b e u se d to s up po rt th e p ro m o tio n o r m a rk etin g o f th e tr an sa ctio n o r m a tte r a dd re ss ed h er ein . A n yo n e o th er th a nth e re cip ie nt w h o re a ds th is c om m u n ic atio n is a dv is ed to s ee k a dv ic e b as ed o n th eir p ar tic ula r c irc um s ta nc es fro m a nindependen t tax adv iso r.

    From: Jones, Diane (CEX) [mai lto :Diane.Jones@ montgomerycountymd.gov]Sent: S un da y, N ov em b er 2 8, 2 01 0 8 :1 4 P MTo: L a rr y S te rn ; Da y an im , B e h na mSubject: R E : 7 2 5 9 5 M e m o fro m D un ca n to B erla ge - S ta tu s U p da te o n P ea ry D is po sitio n.p df- A d ob e A cro ba tProfessionalI a m re vie win g th e pa cke t n ow . I d on 't th in k I a gre e w ith th e stra te gy yo u h av e id en tifie d, b ut w e ca n ta lk in th em o rnin g . D ia n e

    - - - - - - - -----' -- -------------- -- ~------- ------~-- --- 4.From: Larry Stern [mai lto :l stern@wf law.com]Sent: S un da y, N ov em b er 2 8, 2 01 0 7 :4 8 P MTo: Jo n es , D ia n e { CE X ); Da y an im , B e h na mSubject: R E : 7 2 5 9 5 M e m o fro m D u nc an to B erla ge - S ta tu s U pd ate o n P ea ry D is po sitio n.p df-A d ob e A cro ba tProfessionalT h a nk s f or s e nd in g .D ia ne -w e'v e th ou gh t a bo ut th is a lo t a nd w e fe el th at sin ce w e w an t/n ee d th is m ee tin g to b e a o ne a nd d on e , t ha t w en ee d to c om p le te ly e vis ce ra te M r. Z an d h is re po rt rig ht u p fro nt. Q uite fra nk ly , s in ce y ou h av e to w ork w ith h im fo r th e

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    Jones, Diane CEX)From:Sent:To:Cc:Subject:

    Brenneman, CynthiaFriday, December 03, 2010 3:52 PMJones, Diane (CEX)Fitzgerald, BernieRevision- Peary Sale ProceedsDiane- A revision to the note I attached to the packet I sent down this morning. It has the State's manual and theworksheet the with the information about the County's and the State's investments in the Peary facility. We thought thosenumbers did not include land costs, but they, in fact, DO include land costs.CyndiCynthia Brenneman, DirectorOfficeof Real EstateDepartment ofGeneral Services101Monroe Street, 9th FloorRockville,MD 20850phone 240-777-6089

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    Jones, Diane CEX)From:Sent: oSubject:

    Fisher, JohnFriday, November 12, 2010 2:03 PMJones, Diane (CEX); Brenneman, Cynthia; Fitzgerald, BernieRE: Questions concerning the proposed sale of the former Peary School site

    The answer to the last question (#8) is that the lease does not contain the buy-back and modified condemnation rightscontained in the deed, only the provisions of the covenants are contained in the lease. Without the amendment, anyonelooking back at the transaction would have no explanation as to why the deed contains provisions (the buy-backandmodified condemnation rights) not called for in the lease. Neither the lease nor the amendment have any force after thedeed is recorded, the reference back to the amendment is (i) to provide an explanation to a stranger to the transaction asto where the buy-back and modified condemnation rights provided for in the deed are derived from; and (ii) to avoid theredundancy of setting forth verbatim the repurchase price calculation method which is already set forth in theamendment and is rather lengthy.

    Regards,Jo h n J. F is he rA s so c ia te Coun ty A tto r ne yO ffi ce o f th e C ou nty A tto rn ey1 01 M o nro e S tre e t, 3 rd F lo o rR o ck v ill e , Ma ry la nd 2 0850P ho ne : ( 2 40 ) 7 77 -6 70 0D ire c t D ia l: ( 2 40 ) 7 77 -6 736F ax : ( 24 0) 7 77 -6 70 5j ohn . f i s h e r@montgomecycoun tymd .gov

    C ON FID E NT IA L IT Y N OT IC E : T he co nte nts o f th is e m ail m a y be co nfid e ntial u nd er th e atto m e yc lie nt p ri vile g e , th e w o rk -p ro d uc t d o ctri ne , o r o th e r a pp lic ab le la w. If y o u h av e re ce iv ed th is e m a il ine rro r, y ou m ay no t co py , d is tribu te , o r u se its co nte nts , and y ou are re q ue ste d to d ele te th e e m ail fro my ou r sy ste m im m e d iate ly an d no ti fy th e se nd er at 2 40 -777 -6 70 0. T hank y ou

    From: Jones, Diane (CEX)Sent: Fri 11/12/2010 12:17 PMTo Brenneman, Cynthia; Fitzgerald, Bernie; Fisher, JohnSubject: FW: Questions concerning the proposed sale of the former Peary School siteHi everyone,Canyou please provide answers to questions 1and 2? John can you answer the last question?Thanks,Diane

    ....-------------~----- - - - --------------From: Zyontz, JeffreySent: Friday, November 12, 2010 10:41 AMTo Jones, Diane (CEX); Fisher, John

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    C c: F ad en , M ic ha el; R oy alty , C liffo rdSubject: Q ue stio ns c on ce rn in g th e p ro po se d s ale o f th e fo rm e r P ea ry S ch oo l s ite

    Hi,In reviewing the material submitted to the Council, I have the following questions. I would appreciateanswers next week:

    1) What state and local laws and regulations were followed in the disposition of the former Peary HighSchool site? (The County submitted the site for mandatory referral in 2005 required under Article 28.The proposed sale is going to the Board of Public works. Where there other procedural steps taken? Ifother steps were taken under what laws or regulations were those steps required?)2) What is the current cost for community use of the auditorium and the gymnasium.at the Academy?3) How many security guards would be anticipated for the use of the auditorium and gymnasiumat theAcademy under the covenants? What is the current hourly cost for a security guard?4) Why require a condemnation procedure for the County's repurchase ifthe site is needed for a school in

    the future?5) In a contested condemnation procedure, how long does it generally take from the time the land owner inotified of the County's purchase intent to when a final order from a court is in hand?6) Do relocation expenses in condemnation include anything beyond moving expenses?7) What other expenses are generally awarded in a condemnation action beyond relocation expenses?

    8) Why not have all conditions of sale in the covenants? (As proposed by the Executive, it would require4 documents to know the complete agreement between the County and the Academy; 1)the 1996lease2)Amendment No. 1 to the lease, 3) the covenants, and 4) the deed. Why not only have 2 documents,the deed and the covenants? Why should a lease have force or affect after a sale?)

    JejfZyontzLegislative AttorneyMontgomery County Council240 777 7896

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    Jones, Diane (CEX)From:Sent:To:Cc:Subject:Attachments:

    Fisher, JohnTuesday, December 07, 2010 4:07 PM'Larry Stern'; 'Eli Newman'; Brenneman, Cynthia; Fitzgerald, BernieJones, Diane (CEX}; '[email protected]'RE: purchase docs - Execution Form00173162.DOC; 00173258.DOC; 00173267.DOCImportance: High** At tached f il e ( s ):D e c la ra ti o n o f C ove n an ts - F in al v e rs io n ( 00 17 316 2 .DOC )D e e d fi na l w ith a m e nd m e nt ( JJ F 1 2 -7 -1 0 c le an ) ( 00 17 32 5 8.D O C)A m e n dm e n t N o . 1 (JJ F1 2 -7 -1 0 c le an ) ( 00 17 32 6 7.D O C)

    L e t's try o ne la st tim e . A tta ch e d are th e e xe cu tio n fo rm o f th e d ocu m e nts ( no te an ad di tio n to th e s ig nato rych ang e s I h ave also ad de d a title to S ectio n 1 1 o f A m e nd m e nt N o. 1 , w h ich is id entical to th e co rre spo nd ingp ro vis io n in th e D e e d) .Larry,Pleasereconfirm their acceptability. Sorry for the earlier missteps.

    Regards,J o h n J . FisherA sso cia te C o un ty A tto rn eyO ffic e of th e C oun ty A tto rn ey1 0 1 M on ro e S treet, 3 rd F lo orR ock ville , M D 2 08 50M ain 24 0) 7 77 -6 70 0D ir ec t 2 40 ) 7 77 -6 73 6F ax 2 40) 7 77-67 [email protected] ON FID E N T IA L IT Y N O TIC E : T h e c on te nts o f th is e m a il m a y b e c on fid e ntia l u nd e r th e a tto rn e y-c lie ntp ri vile g e , th e w o rk -p ro d uc t d o ctrin e, o r o th e r a pp lic ab le la w. If y o u h av e re ce iv ed th is e m a il in e rro r, y o u m a yno t co py , d is tribu te , o r u se its co nte nts , and y ou are re q ue ste d to d ele te th e e m ai l fro m y ou r sy ste m im m e d iate land no tify th e se nd e r at 2 40 -77 7-6 70 0. T hank y ou .- - -- -Or ig ina l Message-- -- F ro m : F is he r, J oh nsent: T ue sd ay , D ec em be r 0 7, 2 01 0 3 :5 3 P MT o : 'L ar ry S te m '; E ll N ew m a n; B re nn em a n, C y nth ia ; F itz ge ra ld , B er nieCc : Jones, D iane (CEX )~bd@avh law .comSubject: R E : p u rc h as e d o cs

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    Sorry we are going to send further corrections momentarily. Apparently Amendment No.I has Diane signingand Ike in the notary block. Also we may have misspelled Ike's name in one or more of the documents.Regards,John J FisherAssociate CountyAttorneyOffice of the CountyAttorney101Monroe Street, 3rd FloorRockville,MD 20850Main 240) 777-6700Direct 240) 777-6736Fax 240) [email protected] NOTICE: The contents of this email may be confidential under the attorney-clientprivilege, the work-product doctrine, or other applicable law. If you have received this email in error, you maynot copy, distribute, or use its contents, and you are requested to delete the email from your system immediatelyand notify the sender at 240-777-6700. Thank you.

    - - -- -Or ig ina l Message---- -From: Larry Stern [mai lto :l s tern@wf law.com]Sent: T ue sd ay , D e ce m be r 0 7 , 2 01 0 3 :4 5 P MTo: F is h er , Jo hn ; E li Ne wm a n ; B re n ne m a n , C y nt hia ; F it zg e ra ld , B e rn ieC c : Jo n es , D ia n e ( CE X ); b d @ a v hla w .c o mSubject: R E : p u rc h as e d o csN o p ro ble m a nd th is is to c on firm th at th e se a re th e e xe cu tio n r ea dy d oc um e nts .Thanks,L a wre n ce S . S te rnW e st & F ein be rg , P .C .4550 Montgomery AvenueS u ite 7 7 5NB e th e sd a , M D 20814301-951-1520301-951-1525 (Fax)

    T h e in fo rm a tio n c on ta in ed in th is c om m u n ic atio n m a y b e c on fid en tia l, is in te nd ed o nly fo r th e u se o f th e re cip ie nt n am e da bo ve , a nd m a y b e le ga lly p riv ile ge d. If th e re a de r o f th is m e ss ag e is n ot th e in te nd ed r ec ip ie nt, y ou a re h er eb y n otifie dth a t a n y d is se m in a tio n , d is tr ib u tio n , o r c o py in g o f th is c o m m u nic a tio n , o r a n y o f it s c o nt en ts , is s tr ic tly p ro h ib ite d . I f y o uh av e re ce iv ed th is c om m u n ic atio n in e rr or, p le as e re se nd th is c om m u n ic atio n to th e s en de r a nd d ele te th e o rig in alm e ss ag e o r a ny c op y o f it fro m y ou r c om pu te r s yste m .IR S R u le s o f P ra ctic e r eq uir e u s to in fo rm y ou th at to th e e xte nt th is w ritte n c om m u n ic atio n, in clu din g a n y a tta ch m e nts ,c on ta in s a d is cu ss io n o f a ny fe de ra l ta x m a tte r, it is n ot in te nd ed o r w ritte n b y u s to b e u se d b y a ny on e fo r th e p urp os e oa v oid in g f ed e ra l ta x p e na lt ie s t ha t m a y b e im p o se d b y t he f ed e ra l g o ve rn m e n t. In a d ditio n , th is w r it te n c o m m u nic a tio nm a y n ot b e u se d to s up po rt th e p ro m otio n o r m a rk etin g o f th e tr an sa ctio n o r m a tte r a dd re ss ed h er ein . A n yo ne o th er th an

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    th e re cip ien t w ho rea ds th is co mm un ica tio n is ad vise d to se ek a dv ice b ased o n th eir pa rticu la r c ircu mstan ce s fro m anin de pe nd en t ta x a dv is or.

    F r om : F is he r, J ohn [m a i lt o: John .F is he r@ m on tgom ery c oun ty m d .gov ]Sent: Tuesday, D ecem ber 07 , 2010 3 :35 PMTo: L a rr y S t ern ; E li Ne wm a n ; B ren n e m a n , C y n th ia ; F it zg e ra ld , B e rn ieC c : Jo n e s, D i an e { C EX ); b d @ a v tila w .c o mSubjec t : R E: purchase docsIm porta nce: H ig h

    **A t tached f il e(s) :De c la ra tio n o f C o v e na n ts - F in a l v e rs io n ( 00 1 7 31 6 2 .DO C )D e e d f in a l w i th a m e nd m e nt (J J F 1 2 -7 -1 0 c ha n ge s) (0 0 17 3 25 3 .D O C )D e e d fin a l w i th a m e nd m e nt (J J F 1 2 -7 -1 0 c le a n) (0 0 17 3 25 8 .D O C )A m e n dm e n t N o . 1 (J J F 1 2 -7 -1 0 c le a n) (0 0 17 3 26 7 .D O C )A m e n dm e n t N o . 1 (J J F 1 2 -7 -1 0 c ha n ge s) (0 0 17 3 26 1 .D O C )

    Larry and Eli,M in or c ha ng e to th e D e ed th at a pp are ntly w a s n ot p ic ke d u p in th e p ac ka ge y ou (L arry ) s en t m e , se e 00173253 .DOCs ho w in g m in o r r e d lin e c ha n ge to th e m o d ifie d c on d em n a tio n s ec tio n o f th e D e e d. S e e a ls o 0 0 1 7 32 6 1 .DO C , t he re dlin e o fA m e nd m en t N o . 1 w h ic h c arrie s th e m o difie d c on de m na tio n la ng ua ge in to A m e nd m en t N o. 1 a s a n ew S ec tio n 1 1.T h e th re e a tta ch e d c le a n v e rs io n s o f th e d o cu m e nts (i) th e D e cla ra tio n o f C o ve n an ts - 0 0 17 3 16 2 .D O C , (ii) th e D e e d -0 0 17 3 25 8 .D O C , a n d (iii) A m e n dm e n t N o . 1 - 0 0 17 3 26 7 .D O C a re th e fin a l v e rs io n s o f th e d o cu m e nts w h ic h th e C o un tyw ill b e e x e cu tin g .Larry,Please confirm by return email that the documents are acceptable before I start processing them for execution bythe County.R egar ds,John J FisherA s s oc ia t e C o u n ty A t to r n eyO ffic e o f th e C o un ty A tto rn ey1 0 1 M o nr oe S tr ee t, 3 rd F lo o rR o ck ville , M D 2 0 85 0M a in 2 40 ) 7 77 -6 70 0D ir ec t 2 40 ) 7 77 -6 7 36F ax 2 40 ) 7 77 -6 70 5John. F i sher @mont gomer ycount ymd. govCONFIDENTIALITY NOTICE: The contents of this email may be confidential under the attorney-clientprivilege, the work-product doctrine, or other applicable law. If you have received this email in error, you maynot copy, distribute, or use its contents, and you are requested to delete the email from your system immediatelyand notify the sender at 240-777-6700. Thank you.

    - - -- -Or ig ina l Message--- F ro m : F is he r, J o h n 3

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    Sent: T ue sd ay , D ec em be r 0 7, 2 01 0 1 :2 3 P MT o : 'ls te rn @ w fla w .c om '; 'E li N e w m an '; B re n ne m a n, C y nth ia ; F itz ge ra ld , B e rn ieC c : J o ne s , D ia n e ( CE X ); 'b d@ a v h la w .c omSubject: F W : p ur ch as e d o csLarry and Eli,Both of the attached are the correct and final versions of the covenants and deed respectively. I will be sendingthe final version of the Amendment to both of you shortly so you (Larry) can confirm it as the correct and finalversion.We then plan to have all of three documents delivered to Diane to be held by her to be signed by the CountyExecutive (CE) on 12/16 after the Board of Public Works has approved the sale. The CE's office will then havthem couriered to Eli on the 16th for execution by the Academy on the 17th and to have the covenants and deedrecorded byEli and to provide the County and the Academy with copies of the recorded deed and covenantsand return them to the County along with one of the two originals of the amendment that will also be courieredto Eli as part of the documents on the 16th.Cynthia and/or Bernie,Can one of you please obtain and provide to Eli the wiring instructions for the purchase price.Eli,I assume that you will be preparing the settlement statements. Please forward them to the County for approvaland si~nature as soon as you can. We will hold the signed settlement statement(s) for execution and delivery othe 16t to you along with the other documents. What else, if anything, other than the signed documents, wirininstructions and a signed settlement statement do you need from the County to complete the settlement on theI 7'h ? .Regards,Jo hn J . F ish erA s so c ia te C o u nty A tto rn e yO ffic e o f th e C o un ty A tto rn ey1 01 M o nr oe S tr ee t, 3 rd F lo orR o ck vil le , M D 2 0 85 0M a in 2 40 ) 7 77 -6 70 0D ir ec t 2 40 ) 7 77 -6 73 6F ax 2 40 ) 7 77 -6 70 [email protected] NOTICE: The contents of this email may be confidential under the attorney-clientprivilege, the work-product doctrine, or other applicable law. If you have received this email in error, you manot copy, distribute, or use its contents, and you are requested to delete the email from your system immediateand notify the sender at 240-777-6700. Thank you.

    - -- -Or ig ina l Message -- --F rom: La rry S te rn [ma il to :l stern@wflaw .com]Sent: T ue sd ay , D ec em be r 0 7, 2 01 0 1 2:0 7 P M4

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    To Fisher,JohnCc: E li Ne wm a nSubject: R E : p u rc h as e d o csH i,I b elie ve th es e a re th e fin al v ers io ns in w o rd fo r th e d ee d a nd th e d ec la ra tio n (b ut p le as e c he ck a ga in st th e p df).I d on 't b elie ve I e ve r s aw a w o rd v ers io n o f th e fin al le as e a m en dm e nt s im p ly b ec au se a s y ou ' re ca ll, w e'd g on e b ac k/fo rtho n th e a m e nd m e nt a n d th en o n ce w e fin a liz ed th at, y ou w e re ju st g oin g to in se rt th e m o d ifie d c on d em n a tio n p ro v is io n in tothe lea se am endm ent w hich you did. L a wre n ce S . S te rnWes t & Fe inberg , P .C .4 5 50 M o n tg o m e ry A v e n ueSu ite 775NB eth es da , M D 2 08 14301-951-1520301-951-1525 (Fax)

    T h e in fo rm a tio n c on ta in ed in th is c om m u n ic atio n m a y b e c on fid en tia l, is in te n de d o n ly fo r th e u se o f th e r ec ip ie n t n a m e da bo ve , a n d m a y b e le ga lly p riv ile ge d . If th e r ea d er o f th is m e ss ag e is n o t th e in te n de d r ec ip ie n t, y ou a re h e re by n otifie dth a t a n y d is se m in a tio n , d is tr ib u tio n , o r c o py in g o f t his c o m m u n ic a tio n , o r a n y o f it s c o nt en ts , is s tr ic tly p ro h ib it ed . If y o uh a ve r ec eiv e d th is c om m u n ic atio n in e rr or , p le a se r es en d th is c om m u n ic atio n to th e s en de r a nd d ele te th e o rig in alm e ss ag e o r a ny c op y o f it fro m y ou r c om p ute r s ys te m .IR S R u le s o f P ra ctic e re qu ir e u s to in fo rm y ou th at to th e e xte nt th is w ritte n c om m u n ic atio n, in clu d in g a n y a tta ch m e nts ,c on ta in s a d is cu ss io n o f a ny fe de ra l ta x m a tte r, It is n ot in te nd ed o r w ritte n b y u s to b e u se d b y a ny on e fo r th e p urp os e oa vo id in g fe de ra l ta x p en a ltie s th at m a y b e im p os ed b y th e fe de ra l g ov er nm e n t. In a d ditio n , th is w r itte n c om m u n ic atio nm a y n o t b e u se d to s up po rt th e p ro m o tio n o r m a rk etin g o f th e tr an sa ctio n o r m a tte r a dd re ss ed h e re in . A n yo ne o th er th a nth e r ec ip ie nt w h o r ea d s th is c om m u n ic atio n is a dv is ed to s ee k a dv ic e b as ed o n th eir p ar tic ula r c ir cu m sta n ce s fr om a nindependen t tax adv iso r.From Fisher, John [mai lto :John.Flsher@m ontgomerycountymd.gov]sent: T ue sd ay , D ec em b er 0 7, 2 01 0 1 1:3 4 A MTo L a rr y S te mC c: E li N ew m anSubject: R E : p u rc h as e d o csImportance HighThanks. Yes please send Eli and me word versions of the (i) Amendment# l ,(ii) Declaration of Covenants and(iii) the Deed and reservation of Right to Repurchase in the form contained in the pdf you sent.Regards,John J FisherA s so c ia te C o u n ty A t to r n eyO ffic e o f th e C o un ty A tto rn ey1 01 M o nro e S tre et, 3 rd F lo orR oc kv ille , M D 2 08 50M a in 2 40 ) 7 77 -6 70 0 5

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    Direct 240) 777-6736Fax 240) [email protected]: The contents of this email may be confidential under the attorney-clientprivilege, the work-product doctrine, or other applicable law. If you have received this email in error, you maynot copy, distribute, or use its contents, and you are requested to delete the email from your system immediatelyand notify the sender at 240-777-6700. Thank you.

    - - -- -Or ig ina l Message---- -From: Larry Stern [mal lto :l stem@w flaw.com]Sent: M o nd ay , D ec em b er 0 6, 2 01 0 5 :4 7 P MTo: Fisher,JohnCc: E l i NewmanSubject: purchase docsHi,Ih av e a w o rd v ers io n if y ou n ee d th em b ut th es e w ere th e d oc s in p df fo rm a t th at w e re a pp ro ve d b y th e c ou nc il.Thanks,Lawrence S. SternW e st & F ein be rg , P .C .4 5 50 M o n tg o m e ry A v e nu eSu ite 775NB eth es da , M D 2 08 14301-951-1520301-951-1525 (Fax)

    T h e in fo rm a tio n c on ta in ed in th is c om m u n ic atio n m a y b e c on fid en tia l, is in te nd ed o nly fo r th e u se o f th e r ec ip ie nt n am e da bo ve , a nd m a y b e le ga lly p riv ile ge d. If th e r ea de r o f th is m e ss ag e is n ot th e In te nd ed r ec ip ie nt, y ou a re h er eb y n otifie dth a t a n y d is se m in a tio n , d is tr ib u tio n , o r c o py in g o f t his c o m m u nic a tio n , o r a n y o f its c o nte n ts , is s tr ic tly p ro h ib ite d . I f y o uh av e re ce iv ed th is c om m u n ic atio n in e rro r, p le as e r es en d th is c om m u n ic atio n to th e s en de r a nd d ele te th e o rig in alm e ssa ge o r a ny c op y o f it fro m y ou r c om pu te r s ys te m .IR S R u le s o f P ra ctic e re qu ire u s to in fo rm y ou th at to th e e xte nt th is w ritte n c om m u n ic atio n, in clu din g a ny a tta ch m en ts ,c on ta in s a d is cu ssio n o f a ny fe de ra l ta x m a tte r, it is n ot in te nd ed o r w ritte n b y u s to b e u se d b y a nyo ne fo r th e p urp os e oa v oid in g f ed e ra l ta x p e na lt ie s t ha t m a y b e im p o se d b y th e fe d eral g o ve rn m e n t. I n a d dit io n , t his w r itte n c o m m u nic a tio nm a y n o t b e u se d to s up po rt th e p ro m o tio n o r m a rk etin g o f th e tr an sa ctio n o r m a tte r a dd re ss ed h er ein . A n yo ne o th er th anth e r ec ip ie nt w h o r ea ds th is c om m u n ic atio n is a dv is ed to s ee k a dv ic e b as ed o n th eir p ar tic ula r c ir cu m sta nc es fro m a nindependen t tax adv iso r.

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    PARCEL ID NO. 13-502-954274DEED AND RESERVATION OF RIGHT TO REPURCHASE

    THIS DEED AND RESERVATION OFRIGHT TO REPURCHASE (the Deed ), ismade this_ day of 2010, by and between MONTGOMERY COUNTY,MARYLAND, a body corporate and politic and a political subdivision of the State of Maryland(the GRANTOR ) and the MELVIN J. BERMANHEBREW ACADEMY, a District ofColumbia nonstock corporation organized under the laws of the District of Columbia andqualified to do business in the State of Maryland and having a determination letter from theInternal Revenue Service as to its status as a qualified organization under 501 (c) (3) of theInternal Revenue Code of 1986, as amended and the successors, heirs and assigns of theMELVIN J. BERMAN HEBREW ACADEMY (the GRANTEE ), (the GRANTOR andGRANTEE together the Parties ).

    IN CONSIDERATION of the payment of One Million Nine Hundred Fourteen ThousandEight Hundred Sixty Dollars ($1,914,860.00) by GRANTEE TO GRANTOR, and ofGRANTEE's past expenditures to rehabilitate the Property, and in reliance upon GRANTEE'sacceptance of the covenants and conditions contained in the declaration of covenants attachedhereto as Exhibit A (the Declaration of Covenants ), and GRANTOR's right to repurchaserecited below, the GRANTOR does hereby grant to GRANTEE as sole owner in fee simpleabsolute, subject to the limitations set forth in the Declaration of Covenants and GRANTOR'srights to reacquire the Property as covenanted below, certain property located in MontgomeryCounty, Maryland, known as the former Peary SeniorHigh School, consisting of all that piece orparcel of land described in the deed between the Board ofEducation of Montgomery County,Maryland and Montgomery County, Maryland dated October 17, 1994, and recorded among theLand Records of Montgomery County, Maryland in Liber 13060, folio 122, et seq., moreparticularly described as

    All that parcel of land conveyed to the Board of Education of MontgomeryCounty, Maryland by Edith E. Matthews, by deed dated April 28, 1958, andrecorded among the Land Records of Montgomery County, Maryland, at Liber2457, Folio 339 consisting of a total of 19.52acres, more or less, being known asthe former Peary Senior High School.

    together with all improvements, rights, privileges and appurtenances to the same belonging,subject to the conditions and covenants stated below (the Property )

    TO HAVE AND TO HOLD the Property, and all improvements thereon, to the use andbenefit of the GRANTEE as sole owner;

    SUBJECT, HOWEVER, to all easements, covenants and restrictions of record, including,without limitation, the Declaration of Covenants and to the following right of GRANTOR toreacquire the Property:

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    RIGHT TO REPURCHASEGRANTOR hereby grants the Property to GRANTEE and GRANTEE accepts theProperty subject to the limitation that the Propertymay be used only for private educational use,and as incidental uses related and accessory to use for private educational purposes, use fordaycare and worship services, private educational day camp and private religious education

    center. GRANTEE must not change the use of the Property, or sell, or transfer (with or withoutconsideration) the Property to any person or entity for any use other than such operation of aprivate educational facility and such related and accessory uses unless and until GRANTEEhasfirst offered to sell the Property (including any secular (non-religious) improvements hereafterconstructed thereon) to GRANTOR for the Repurchase Price as that term is defined inAmendment No. 1 (the Amendment ) to that certain lease of the Property by and betweenGRANTORand GRANTEE dated March 29, 1996 (the Lease ); and in accord with the termsand conditions of the Lease Amendment regarding exercise of the County's RepurchaseRight(as defined in the Amendment).

    REAQUISITION BY MODIFIED CONDEMNATIONIn addition to the Grantor's Repurchase Right provided for above, nothing herein isintended to be in limitation of the Grantor's right of eminent domain. If a condemnation actionis brought based on need by the Montgomery County Public School System (MCPS) for aschool, Grantor shall have the right to reacquire the Property by condemnation, providedhowever, that in any such condemnation action the Grantor and Grantee agree that (i) the fairmarket value of the Property otherwise required to be paid by the Grantor to the Grantee in anysuch condemnation action is waived by Grantee and the Grantor and Grantee instead agree thatthe fair market value of the Property payable by the County in any such condemnation action foranMCPS school shall be an amount equal to the Repurchase Price as provided in Section 7 ofAmendment No. 1 to the Lease, (ii) in the event the Grantor prevails in the condemnation action,

    notwithstanding any provision to the contrary regarding the timing of transfer of title andpossession of the Property provided by law, the Grantor waives any such rights and the Grantorand Grantee agree that the time in which the Grantor shall be entitled to the transfer of title to theGrantor and repossession of the Property by the Grantor after the condemnation action becomesfinal and non-appealable, shall be not less than five (5) years from the date that suchcondemnation becomes final and non-appealable, (iii) Grantee, except with respect to the fairmarket value compensation for the Property which shall be instead controlled by subsection (i) ofthis provision, shall be entitled to any and all other compensation to which Grantee mightotherwise be entitled in any condemnation action, including without limitation any relocationexpenses; and (iv) notwithstanding the provisions of subsection (ii) if the Grantee tenders title tothe Property to the Grantor at any time before or after the condemnation action becomes finaland non-appealable, then upon the occurrence of such event, Grantor shall pay to Grantee theRepurchase Price at that time and Grantee during the five (5) year period provide for insubsection (ii) shall be entitled to continue to occupy the Property under the same terms andconditions as provided in the Lease and upon the conclusion of such five (5) year period Granteeshall thereupon vacate the Property leaving it in the condition as provided in the Lease and theGrantee shall have no further right to possession or occupancy of the Property.

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    IN WINESS WHEREOF, the Parties have executed this Deed under seal on the date firstwritten above, it being the specific intention of the Parties to create a specialty.

    WITNESS OR ATIEST: MONTGOMERY COUNTY, MARYLANDBy: (SEAL)Isiah LeggettCounty ExecutiveDate: -----------

    MELVIN J. BERMAN HEBREW ACADEMYBy: (SEAL)

    Daphna RaskasPresident

    Date:

    RECOMMENDED:DEPARTMENT OF GENERAL SERVICESBy: David E. Dise, DirectorDepartment of General ServicesDate: ------------APPROVED AS TO FORM AND LEGALITYOFFICE OF THE COUNTY ATTORNEYBy: John J. FisherAssociate County AttorneyDate:

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    STATE OF MARYLAND, COUNTY OF MONTGOMERY, to wit:ON THIS day of 2010, before me, the undersigned officer,

    personally appeared Isiah Leggett, County Executive for Montgomery County, Maryland, knownto me to be the person whose name is subscribed to the foregoing, who did fully acknowledgethat he executed the same as his voluntary act and deed for the purposes therein contained.WITNESS my hand and official seal the same day and year first above written.

    Notary Public

    My Commission Expires: ---------

    STATE OF MARYLAND, COUNTY OF MONTGOMERY, to wit:ON THIS day of 2010, before me, the undersigned officer,

    personally appeared Daphna Raskas, President of the Melvin J. Berman Hebrew Academy,known to me to be the person whose name is subscribed to the foregoing, who did fullyacknowledge that he executed the same as his volunta.r-yact and deed for the purposes thereincontained.

    WITNESS my hand and official seal the same day and year first above written.

    Notary Public

    My Commission Expires: _

    CERTIFICATION: This Deed has been prepared by the undersigned, an attorney duly admittedto practice before the Court of Appeals of Maryland.

    John J. FisherAssociate County Attorney

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    AMENDMENTNO.lThis Amendment No. 1 (this Amendment ) is entered into the day and date below writtenby and between MONTGOMERY COUNTY, MARYLAND, a political subdivision of the State of

    Maryland, hereinafter called County or Lessor , and MEL VIN J. BERMAN HEBREWACADEMY, formerly known as THE HEBREW ACADEMY OF GREATER WASHINGTON,INC., a non-profit educational organization incorporated in the District of Columbia, with itsprincipal offices located at 13300 Arctic Avenue, Rockville, Maryland, hereinafter called Lessee.Collectively hereinafter referred to as the Parties.

    WITNESS ETHWHEREAS, the County and Lessee entered into a lease dated March 29th; 1996 (the

    Lease ) for the lease of certain property located in Montgomery County, Maryland, known as theformer Peary Senior High School, which consists of 19.52 acres of land, more or less, thenimproved with a building comprising approximately 220,000 square feet, together with any and allthen existing site improvements, appurtenant rights and benefits of the parcel, located at 13300Arctic Avenue, Rockville, Montgomery County, Maryland, known as Parcel P209, on Tax map HR21, as recorded in Liber 13060 at Folio 122 among the land records of Montgomery County,Maryland, as shown on Exhibit A attached to the Lease, which land and improvements weretherein artd are herein collectively referred to as the Property except that as herein used the termProperty also includes all improvements constructed on the land since the date of the Lease orhereafter constructed on the land by the Lessee (the Property );

    WHEREAS, the Lease in Article III granted to the Lessee the right to purchase theProperty at any time during the 25 year term or during any of the three five year extensions, subjectto the approval of the Montgomery County Executive ( County Executive ) and the MontgomeryCounty Council ( County Council ), and subject to any restrictions, conditions or requirementswhich the County Executive and the County Council might elect to attach to the purchase

    WHEREAS, the Lessee's right to purchase the Property under the Lease was furthersubject to the approval of the State of Maryland Board of Public Works ( Board of Public Works )which also had the right to elect to place restrictions, conditions or requirements on the purchase

    WHEREAS, the Lease further provided that the Lessee's right to purchase and theCounty's acceptance thereof was to be exercised in accordance with all applicable State and localstatutes and regulations governing the disposition of public property;

    WHEREAS, Article III further provided that the baseline price of the Property was to beestablished by a certain method involving appraisals of the Property all as more specifically setforth in Article III of the Lease and further provided that the baseline price was to be adjustedannually pursuant to a CPI index also all as more specifically set forth in Article III of the Lease;

    WHEREAS, the Lease further provided in Article XXXVI that certain community uses ofthe Property as set forth in Article XXXVI were to be preserved and reserved for use by the publicpursuant to a recorded declaration of covenants preserving and reserving to the public thecommunity uses as set forth in Article X:XXVI of the Lease in the event Lessee purchased theProperty;

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    WHEREAS the County Council Resolution (Resolution No.: 12..,1874)adopted November29, 1994, authorizing the disposition of Peary High Schooland authorizing an eventual sale of theProperty stated that the Property's preferred reuse was to lease the Property to a private schoolwitha lease that should not preclude the future reestablishment of a public education facility on theProperty; and

    WHEREAS Lessee has notified the County that it is now exercising its option to purchasethe Property and the County is agreeable to selling the Property upon the terms and conditionshereinafter set forth.

    NOW THEREFORE in consideration of the above recitals (which are incorporatedherein) and for other good and valuable consideration the receipt and sufficiency of which arehereby acknowledged by the Parties and subject to the terms, conditions and covenants hereinafterprovided for the County does hereby agree to sell and the Lessee does hereby agree to purchase theProperty in accordance with the following terms and conditions.1. Purchase Price. The Parties agree that the unadjusted baseline price under theLease is One Million Four Hundred Twenty-nine Thousand Dollars ($1,429,000.00), and thatthrough, December 17, 2010, the adjusted purchase price for the Property shall be One MillionNine Hundred Fourteen Thousand Eight Hundred Sixty Dollars ($1,914,860.00) payable by wiretransfer from the Lessee to the County on the Settlement Date (the Purchase Price ). If theSettlement Date is after December 17, 2010, the Purchase Price shall be equal to the product ofOne Million Four Hundred Twenty-nine Thousand Dollars ($1,429,000.00) multiplied by afraction, the numerator of which shall be the most recently preceding published December CPI AllUrban index and the denominator of which shall be the published December 1997CPI All Urban

    1982-1984 index, (the Adjusted Price'').2. Settlement Date. Settlement on the Property shall occur within thirty (30) days ofthe date that all Approvals (as defined in Section 3, below) for the sale of the Property have beenobtained and have become final and non-appealable without the rejection by the Lessee of anyconditions to such Approvals as set forth in Section 3 below (the Settlement Date ). On theSettlement Date, the County shall execute and deliver to Lessee a special warranty deed inrecordable form conveying fee simple title to the Property, free and clear of any liens andencumbrances as of the date of the Lease (March 29, 1996).3. Approvals. The sale of the Property is subject to (i) the approval of the CountyCouncil and any restrictions, conditions, or requirements imposed on the sale by the CountyCouncil which approval shall be evidenced by the adoption of a resolution by the County Council

    authorizing the sale of the Property; and (ii) the approval of (if any may be required) the Board ofPublic Works and any restrictions, conditions, or requirements imposed on the saleby the Board ofPublic Works which approval shall be evidenced by appropriate action of the Board of PublicWorks authorizing the sale (if any may be required); and (iii) compliance with all applicable Stateand local statutes and regulations governing the disposition of the Property (the Approvals ).Lessee cannot reject any conditions that are expressly required by the Lease. Lesseemay reject anyother conditions of the Approvals within thirty (30) days of issuance of the respective Approvalinwhich case the Lease shall remain in effect and Lessee shall have the right to continue its tenancypursuant to the Lease as amended hereby. Lessee's rejection of a condition must be exercised in2

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    writing to be valid and if not so exercised within the thirty (30) day period, Lessee shall be deemedto be exercising the purchase subject to the conditions, if any, of the Approval( s).4. Covenants. A declaration of covenants shall be recorded on or before the SettlementDate preserving and reserving to the County for the benefit of the public, use of the Property inaccord with the community uses set forth in Article XXXVI of the Lease, all asmore specifically

    set forth in the Declaration of Covenants attached hereto asExhibit A5. Additional Covenants. The declaration of covenants referenced in Section 4 aboveshall also include covenants containing restrictions and requirements with respect to insurance,maintenance and use of the Property; and containing a further covenant prohibiting theabandonment or lack of use of the Property as a school (an Abandonment ) for any consecutiveone hundred and eighty (180) weekday period of time unless such lack of use is attributable torenovations or restoration of the Property that would preclude use of the Property during suchperiod of time and which renovations or restoration are at all times being duly and diligentlypursued, all as more specifically set forth in the Declaration of Covenants attached hereto as.

    Exhibit A. ,6. Repurchase Right. The County shall have the right to repurchase the Property in theevent of an Abandonment or if at any time Lessee agreesto sell the Property to any purchaser forany use other than for use as a validly licensed private school or educational institution (aProposed Sale ). In the event of any Proposed Sale to a purchaser as provided in this Section, thesales agreement shall be made contingent upon the right of the County to repurchase the Propertyand Lessee shall provide the County with not less than ninety (90) days notice of the Lessee'sexecution of the sales agreement and the County shall have the right by written notice to the Lesseeat any time during such ninety (90) day period to give notice to the Lessee of its intent torepurchase the Property (the Repurchase Right ). Any exercise of the Repurchase Right by theCounty shall be subject to the appropriation of funds by the County Council for such purpose

    which appropriation must be obtained by the Countywithin one hundred and eighty (180) days ofthe date the County gives written notice to the Lessee of the County's intent to exercise itsRepurchase Right; provided however, that if the one hundred and eighty (180) day period includesany time period between July 1s t and September 30th the time in which to obtain the appropriationshall be extended day for day by the number of days equal to the number of days of the onehundred and eighty (180) days falling during any period between July 1stand September 30th ( TheAppropriation Period ). If the County fails to obtain the appropriation within the AppropriationPeriod, the County's right to purchase the Property shall lapse and shall be of no further force andeffect; provided, however, that if for any reason the Proposed Sale is cancelled, the County'sRepurchase Right shall not be deemed to have been exercised and the County shall not be obligatedto repurchase the property nor shall the County's Repurchase Right fail or lapse but instead theCounty shall have a continuing Repurchase Right with respect to any subsequently occurringProposed Sale or Abandonment.

    7. Repurchase Price. The repurchase price by the County pursuant to Section 6 shallbe at an amount equal to the sum of (a) the Purchase Price (as set forth in Section 1, above)increased annually starting on the first anniversary date of this Amendment and on eachanniversary thereafter until the Repurchase Settlement Date (as defined in Section 8, below)by afraction the numerator of which shall be the most currently published value of the index nowknown as the 'U.S.Department oflabor, Bureau of Labor Statistics, Consumer Price Index for all3

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    Urban Consumers, All Items, (1984 = 100)'', and the denominator of which shall be the value forsaid index published for the month and year of the Settlement Date (as defined in Section 2,above), plus (b) the lesser of(i) the sum of the construction cost of improvements made to theProperty since the date of the Lease which amount is Eight Million Two Hundred Forty-FiveThousand Two Hundred Ninety-Nine Dollars ($8,245,299) (which amount Lessee represents andwarrants accurately reflects the actual cost thereof and which representation and warranty Lesseeacknowledges the County is relying upon in agreeing to such amount) plus the cost of anyQualified Elective Capital (non religious) Improvements (as that term is defined in the Lease) madeafter the date of this Amendment the cost of which shall be submitted by Lessee to the County andsubject to the County's verification thereof (such sum shall be referred to hereafter as theAggregate Lessee Improvements ), or (ii) the Appraised Improvements Value (as defined inSection 9, below). (The Repurchase Price ).8. Repurchase Settlement Date. If the County exercises its Repurchase Right,settlement shall occur not sooner than ninety (90) days and not later than one hundred and eighty(180) days from the date that the County Council appropriates the funds necessary to pay the

    Repurchase Price.9. Appraised Improvements Value. The Appraised Improvement Value shall be thereplacement cost of all Aggregate Lessee Improvements existing on the Property at the time theCounty gives notice of its intent to exercise its Repurchase Right less appropriate depreciationnormally used by an appraiser taking into account the conditions of the Aggregate LesseeImprovements at the time of the appraisal which appraisal valuation date shall be as of the date theCounty gives notice to Lessee of its intent to exercise its Repurchase Right.10. Determination of Appraised Improvements Value. The Appraised ImprovementsValue shall be determined using one of the following methods as agreed to by the Parties: (i) asingle appraiser agreed to by the Parties whose appraisal shall be final and non-appealable; or (ii)each party shall select an appraiser and, ifthe appraisals are within ten percent (10%) of each other,the average of the two (2) appraisals shall constitute the agreed final and non-appealable AppraisedImprovements Value; or (iii) if the Parties choose method (ii) and the two (2) appraisals differ bymore than ten percent 10%), then the two appraisers shall select a third appraiser, provided that, ifthe two appraisers are unable to agree upon a third appraiser, then either party may request that theWashington D.C. Metro Area Chapter of the Appraisal Institute select a third appraiser (the ThirdParty Appraiser ) and such Third Party Appraiser shall, based on a review of the two appraisalsand based on the Third Party Appraiser's own independent appraisal of the AppraisedImprovements Value determine the Appraised Improvements Value which shall constitute theagreed and non-appealable Appraised Improvements Value. The term appraiser as used in thissection shall mean a licensed real estate appraiser having experience in the valuation of improved

    real estate in the Washington, D.C. metropolitan area, and who is a member of the AppraisalInstitute (Each certified as an MAI appraiser ).11. Reaguisition By Modified Condemnation. In addition to the Grantor's RepurchaseRight provided for above, nothing herein is intended to be in limitation of the Grantor's right ofeminent domain. If a condemnation action is brought based on need by the Montgomery CountyPublic School System (MCPS) for a school, Grantor shall have the right to reacquire the Propertyby condemnation, provided however, that in any such condemnation action the Grantor andGrantee agree that (i) the fair market value of the Property otherwise required to be paid by the

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    Grantor to the Grantee in any such condemnation action is waived by Grantee and the Grantor andGrantee instead agree that the fair market value of the Property payable by the County in any suchcondemnation action for an MCPS school shall be an amount equal to the Repurchase Price asprovided in Section 7 of Amendment No. 1 to the Lease, (ii) in the event the Grantor prevails in thecondemnation action, notwithstanding any provision to the contrary regarding the timing of transferof title and possession of the Property provided by law, the Grantor waives any such rights and theGrantor and Grantee agree that the time in which the Grantor shall be entitled to the transfer of titleto the Grantor and repossession of the Property by the Grantor after the condemnation actionbecomes final and non-appealable, shall be not less than five (5) years from the date that suchcondemnation becomes final and non-appealable, (iii) Grantee, except with respect to the fairmarket value compensation for the Property which shall be instead controlled by subsection (i) ofthis provision, shall be entitled to any and all other compensation to which Grantee might otherwisebe entitled in any condemnation action, including without limitation any relocation expenses; and(iv) notwithstanding the provisions of subsection (ii) if the Grantee tenders title to the Property tothe Grantor at any time before or after the condemnation action becomes final and non-appealable,then upon the occurrence of such event, Grantor shall pay to Grantee the Repurchase Price at thattime and Grantee during the five (5) year period provide for in subsection (ii) shall be entitled tocontinue to occupy the Property under the same terms and conditions as provided in the Lease andupon the conclusion of such five (5) year period Grantee shall thereupon vacate the Propertyleaving it in the condition as provided in the Lease and the Grantee shall have no further right topossession or occupancy of the Property.

    12. Release of Covenants. In the event the Lessee sells the Property to any purchaser,pursuant to any Proposed Sale, and the County fails to exercise its Repurchase Right, as providedin Section 6 above, then in such event the County agrees (at no cost to the County) that it willexecute such instrument(s) as may reasonably be requested of it by the Lessee or purchaserreleasing the declaration of covenants excepting the covenant regarding community use set forth inthe Declaration of Covenants attached hereto as Exhibit A which covenant shall remain in fullforce and effect and continue to run with the Property.

    13. Authority to Bind. The undersigned, by their signatures, individually represent andwarrant that this Amendment and its execution has been duly authorized by all necessary actionswhatsoever on the part of each party to this Amendment, and that they are duly authorized andempowered to execute this Amendment and that this Amendment is binding on the respective partyon whose behalf they are signing this Amendment.

    14. Authorship and Interpretation. Each party acknowledges that this Amendment isentirely the product of the collective joint drafting efforts of the Parties and their respective legalcounsel, and should there be any claim of ambiguity, it shall not be construed more strictly against(ormore favorably for) either party solely as a result of that party's particular contribution to thiseffort.

    15. Successors and Assigns. The terms of this Amendment shall be binding upon andfully enforceable against the successors, successors-in-title, and assigns of the Parties to thisAmendment.

    16. Severability. If any provision of this Amendment proves to be illegal, invalid orunenforceable, the remainder of this Amendment shall not be affected by such finding, and in lieu5

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    26. Effective Date. The Effective Date of this Amendment is the date upon which allthe signature pages hereto are fully executed and delivered. to each of the Parties (either as originalsor as facsimile copies, or both).

    S IGNATURE PAGE FOLLOWS

    7

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    IN WITNESS WHEREOF the Parties have affixed their signatures to this Amendment onthe day and date below written.

    WITNESS OR ATTEST: MONTGOMERY COUNTY, MARYLANDBy: (SEAL)Isiah LeggettCounty ExecutiveDate:MELVIN J. BERMAN HEBREW ACADEMYBy: (SEAL)

    Daphna RaskasPresident

    Date:

    RECOMMENDED:DEPARTMENT OF GENERAL SERVICESBy:__ ~~;;[David E. Dise, Director

    Department of General ServicesDate:APPROVED AS TO FORM AND LEGALITYOFFICE OF THE COUNTY ATTORNEYBy: John J. FisherAssociate County AttorneyDate: _

    8

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    STATE OF MARYLAND, COUNTY OF MONTGOMERY, to wit:ON THIS day of , 2010, before me, the undersigned officer,

    personally appeared Isiah Leggett, County Executive for Montgomery County, Maryland, known to. me to be the person whose name is subscribed to the foregoing, who did fully acknowledge that heexecuted the same as his voluntary act and deed for the purposes therein contained.

    WITNESS my hand and official seal the same day and year first above written.

    Notary Public

    My Commission Expires: _

    STATE OF MARYLAND, COUNTY OF MONTGOMERY, to wit:ON THIS day of , 2010, before me, the undersigned officer,

    personally appeared Daphna Raskas, President of the Melvin J. Berman Hebrew Academy knownto me to be the person whose name is subscribed to the foregoing, who did fully acknowledge thathe executed the same as his voluntary act and deed for the purposes therein contained.WITNESS my hand and official seal the same day and year first above written.

    Notary PublicMy Commission Expires: --------

    9

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    TO: Department of Finance Jennifer Barrett, Director

    TODAY'S DATE:02/11/2011 FROM: Pat Siok, Coordinator, 7-2507

    DUEDATE: INSTRUCTIONSHandle As Appropriatecc: Diane Jones/FYI

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    STATE OF MARYLANDPUBLIC SCHOOL CONSTRUCTION PROGRAM

    200 W. BALTlMORE STREETBALTlMORE, MARYLAND 21201410-767-0617 DAVID G. LEVEEXECU TI VEDI RECT

    MARTIN O'MALLEYGOVERN OR

    INTERAGENCY COMMITTEE ON SCHOOL CONSTRUCTION NANCY S. GRASMICH AI RPERSON

    February 4, 2011

    The Honorable Isiah LeggettMontgomery County Executive101 Monroe StreetRockville, MD 20850RE: Board of Public Works Approval for reimbursement to the State for the sale of FonnerRobert Peary Senior High SchoolDear Mr. LeggettOn January 26, 2011, the Board of Public Works (BPW) approved the reimbursement of $82,402 byMontgomery County Government for the State's portion of the proceeds from the County's sale of the FonnerRobert Peary Senior High School, located at 13300 Arctic Circle, Rockville, Maryland 21040. A copy of theitem presented to the Board of Public Works is attached for your information.The total sales proceeds were $1,192,198. PSCP staff has detennined that $82,402 is owed to the Statefrom the sale. This amount is based only on the funding that the State invested in the building forrenovations. The State did not participate in site acquisition, and the debt related to the State's participationin the original construction was previously paid.Please issue a check in the amount of $82,402, payable to the Comptroller of the Treasury and send to theattention of:

    Robert C. CrocettiDirector of Fiscal ServicesPublic School Construction Program200 W ..Baltimore Street, Rm. 201Baltimore MD 21201If you have any questions concerning this approval, please contact Mr. Robert C. Crocetti at 410-767-0612.

    Sincerely,N B 1 i ~ 4 ~tate uperintendent of SchoolsChai erson, lnteragency Committee on School Construction RECEIVEDNSG/DGUsm F E B 1 1 2 0 1 1C: Dr. David LeverMr. Robert C. CrocettiMr. Bernie FitzgeraldMr. Jerry West

    omCBOFTHECOUNI Y J003CUTIVE

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    State of MarylandBoard of Public Works80 Calvert StreetAnnapolis, Maryland 21401410-260-7335Fax:410-974-5240Toll Free: 1-877-591-7320

    Martin O'MalleyG o v e rn o rNancyKKoppIreasurerPeter FranchotComptroller

    SheilaC. McDonaldE : u c u ti v~ s ~ c r e ta r y

    January 26, 2011

    F E B 2 2Dr. David Lever, Executive DirectorInteragency Committee on School Construction200 West Baltimore StreetBaltimore, Maryland 21201

    'I ..-------. ~.....-l L STATEPUBLIC SCHOOLCONSTRUCTION PROGRAMRe: Secretary's Agenda Items 1, 2, and 11Dear Dr. Lever:

    The Board of Public Works at its meeting of January 26, 2011, approved theabove referenced items a s submitted.

    A copy of each item indicating the Board's action is attached for your records.

    - ~ ~ f J ; l f J r v t A f Sheila C. McDonaldExecutive Secretary

    Internet address: http//www.bpw.state.md.us E-mail address:[email protected]

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    2BOARDOF PUBLICWORKSJANUARY 26, 2011

    SECRETARY'S AGENDA

    Contact: David Lever, [email protected]. STATE PUBLICSCHOOL CONSTRUCTION PROGRAMRecommendation: The Interagency Committee on School Construction recommends that theBoard of Public Works approve Montgomery County Government reimbursing the State $82,402which is the State's portion of the proceeds from the County's sale of the FORMER ROBERTPEARY SENIOR HIGH SCHOOLo the Melvin J. Berman Hebrew Academy.Background: Reference is made to Secretary's Agenda Item 15 (Dec. 15,2010), in which theBoard of Public Works approved the sale by Montgomery County of the former Robert PearySenior High School to the Melvin J. Berman Hebrew Academy (formerly known as the HebrewAcademy of Greater Washington). As a condition of approval, the Board required the PublicSchool Construction Program to determine if any of the sale proceeds are due the State, and if so,return to the Board of Public Works with a recommendation regarding the amount.The total sales proceeds were $1,192,198. PSCP staff has now determined, and MontgomeryCounty agrees, that $82,402 is owed to the State from the sale. This amount is based only on thefunding that the State invested in the building for renovations. The State did not participate insite acquisition, and the debt related to the State's participation in the original construction waspreviously paid.Authority: COMAR 23.03.02.24-IB, C. The Interagency Committee approved the amount of thesale proceeds to be paid by Montgomery County on December 20, 2010.

    BOARD OF PUBLIC WORKS ACTION: THE ABOVE REFERENCED ITEM WAS:~ DISAPPROVED

    ~

    DEFERRED WITHDRAWNWITHOUT DISCUSSION

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    L..~ 'b-tef-0~ ~~~0~~Lease Amendment No. 1 (redlme DJ JF 5-5-10)AI0-00113

    AMENDMENTNO.IThis Amendment No. 1 (this Amendment ) is entered into the day and date belowwrittenby and between MONTGOMERY COUNTY, MARYLAND, a political subdivision of the State of ~Maryland, hereinafter called County or Lessor , and MELVIN J. BERMAN HEBREW ~ACADEMY. formerly known as THE HEBREW ACADEMY OF GREATER WASHINGTON,

    INC., a non-profit educational organization incorporated in the District of Columbia, with itsprincipal offices located at 13300Arctic Avenue, Rockville, Maryland, hereinafter called Lessee.Collectively hereinafter referred to as the Parties.WITNESSETH

    WHEREAS, the County and Lessee entered into a lease dated March 29th,1996 (theLease ) for the lease of certain property located inMontgomery County, Maryland, known as theformer Peary Senior High School, which consists of 19.52 acres of land, more or less, thenimproved with a building comprising approximately 220,000 square feet, together with any and allthen existing site improvements, appurtenant rights and benefits of the parcel, located at 13300Arctic Avenue, Rockville, Montgomery County, Maryland, known as Parcel P209, onTax map HR21, as recorded in Liber 13060 at Folio 122 among the land records of Montgomery County,Maryland, as shown on Exhibit A attached to the Lease, which land and improvements weretherein and are herein collectively referred to as the Property except that as herein used the termProperty also includes all improvements constructed on the land since the date of the Lease orhereafter constructed on the land by the Lessee (the Property );

    .WHEREAS, the Lease in Article III granted to the Lessee the right to purchase the \\ < fProperty at any time during the 25 year term or during any of the three five year extensions, subject 1to the approval of the Montgomery County Executive ( County Executive ) and the MontgomeryCounty Council ( County Council ), and subject to any restrictions, conditions or requirements NAwhich the County Executive and the ~ty Council might elect to attach to the purchase. wnh Vsucl\aooroval npt;to b~sonaliJ1W~eld; ~ co:>

    WHEREAS, the Lessee's right to purchase the Property under the Lease was furthersubject to the approval of the State of Maryland Board of Public Works ( Board of Public Works )which also had the right to elect to place restrictions, conditions or requirements on the purchase,with suet awr

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    Jones, Diane (CEX)From:Sent:To :Subjec~:

    Jennifer Zukerman [[email protected]]Monday, March 08, 2010 3:44 PMJones, Diane (CEX}RE: question about Berman Hebrew Academy

    Diane,Thank you very much. This is extremely helpful. Have a great weekend and we will see you on Monday.Jennifer

    Sent from my wireless phone. Please excuse brevity, misspellings or grammatical errors.Jennifer Zukerman

    From: Jones, Diane (CEX) Sent: Friday, March OS,2010 2:12 PMTo: Zukerman, Jennifer Cc: Fisher, John Subject: RE: question about Berman Hebrew AcademyHiJennifer,Thank you for askingthe question because as I went backthrough my notes it became clear that I entered a numberincorrectly along the way. The methodology I used (but apparently made a mistake on an entry) was asfollows:METHODlUnadjusted Frizzell $1,960,000Unadjusted Donnelly $1,920,000Unadjusted Sapperstein $1.755,000Subtotal $5,635,000Divided by 3 $1,878,333Less$425,000 demo 425.000Total $1,453,333METHOD2An alternative way of doing this which would be better for the County but not asgood for the BermanAcademy is to jusaverage the appraisals having left it to the discretion of the appraiser asto whether or not demolition was anappropriate criterion. Thus the average would be asfollows:FrizzellDonnellySappersteinSubtotalDivided by 3

    $1,500,000$1;500,000

    $1,755.000$4,755,000$1,585,000

    Under either scenario using the CPIadjuster of 1.345 the totals would be:Method 1-Method 2 --

    $1,453,333 x 1.345 = $1,954,733$1,585,000 x 1.345 = $2,131,825

    1

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    February 12, 2010Discussion with Berman Academy-

    Land -- Laid out County proposal to average Sapperstein, Mitchell and Donnelly w/o demolitionand then deduct $425,000 demolition and then adjust for CPI

    o DJ will get Glen Wyman or Mike Coveyou to run the CPIo We have evidence that Mitchell is ours and that Sapperstein is the splito Larry said that he has evidence that Thorne and Donnelly were commissioned at the

    same time -- Building would be discussed

    Jennifer said that the County was disappointed with the appraisal values and that there was not aquestion of the methodology.BermanAcademy saysthey have no record of getting two appraisals.Larry -- Option 1- take Sapperstein, Mitchell and Thorne and change the buyback - County rejectsThorneLarry - buyback for the building

    Value the improvements today; if there is a buy back the County would appraise at thetime of the buyback and pay the lesserof the two appraisals.

    John - appraise the improvements at the time of purchase; usethree appraiserapproach and discard any appraiser that isan outlier by more than 10% (Larrysaid he isok with that approach)

    Berman A~ademy will look at the land proposal and get back to us on it.

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    4'2, tie$,~~Sz, J \lOCJ

    w~wC P ' ln%i- roV\ G~* c P \ , , ' ~ ' c u _ - \ or - c~~c -co\~~

    C.,\) - t r n .0 \~echf- ~llS

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    Peary Notes:

    Council discussion 11/29/04- Krahnke expressed concern regarding the recreational facilities,gyumnassium and other issues and County Attorney said that the Iese will have a providion that theschool is available to CUPF for use by the community

    Resolution 12-1874 was approved for reuse of Peary to lease the property to a private school withappropriate sharing with the community of the outdoor recreations facilities, gymnasium andauditorium.

    Resolution - 1. The preferred reuse is to lease ..to a private school with appropriate sharingwith the community of the outdoor recreation facilities, gymnasium and auditorium. Future reestagblishment of a public education facility at Peary High School should not be precluded under anylease agreement ...Any sale of the property is subject to prior consent by the County Council...

    3. Any reuse must seek to accommodate the roller blade youth hockey facility ....??10/11/2005 -Weast memo to BOEre: Pearyrecommending opposing disoposition and that if sold therebe a provisoin for the county to repurchase the facility under reasonable conditions and at a reasonableprice if needed for school purposes.

    PBrecommended against the purchase. Its staff offered alsoconsidering selling only the building.

    ValuesThorne $750,000Donnelly $1,952,000 less$425,000 for demolition - assumesinstitutional use, but note thecomment on p. 2 notwithstanding, the present condition of the improvements, they may be suitablefor redevelopment for school or other special purpose use. Also comps were improved and someinvolved condemning authorities.Sapperstein $1,755,000Frizzell$425,000}

    $1,960,000 lessdemolition costs of $460,000 (but note that letter he usedsaid

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    - f S J re\k~ \ u _ < l \ d . @ ~ \J c _ \ \ e re\v Y\fu~e_ u_V\D JVtof J\~ Cc:s\---~- . ~ \ c \ :~f \~, _\~~o.~~~ ~. ~e\~~-@\)r-ocess. . . . . .G ) ~OE:__~~,~t\t\Jcf Pc t.....WUJ o .\-er C o . . . . _ c ' ICo~L; \. . R e i . > , e . u Cll C X f P dSQ.~

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    Invoice #97-1220

    Invoice for Services RenderedSapperstein Associates

    December 19, 1997Client Name and Address: Mr. Stanely SeigelDirector ofDevelopment

    The HebrewAcademyofGreater Washington2010 Linden LaneSilver Spring,MD 20910

    Appraisal for: PARCEL 209/19.520 AcresGRID HR-12 TAXMAP HR-121Aspen Hill, Montgomery CountyMaryland

    Less Retainer PaidDelivery Charge

    Balance DueDate of Previous Billings1~~~~~~~2 ~~~~~~~-3~~~~~~~4~~~~~~~

    12/20/97

    11/07/97

    $4,000.00

    $2,500.00$25.00

    $1,525.00

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    AMENDMENT NO. lThis Amendment No. 1 (this Amendment ) is entered into the day and date below writtenby and between MONTGOMERY COUNTY, MARYLAND, a political subdivision of the State of

    Maryland, hereinafter called County or Lessor , and THE HEBREW ACADEMY OFGREATER WASHINGTON, INC., a non-profit educational organization incorporated in theDistrict of Columbia, with its principal offices located at 2010 Linden Lane, Silver Spring,Maryland 20910, hereinafter called Lessee. Collectively hereinafter referred to as the Parties.

    WITNESSETHWHEREAS, the County and Lessee entered into a lease dated March 29th, 1996 (the

    Lease ) for the lease of certain property located in Montgomery County, Maryland, known as theformer Peary Senior High School, which consists of 19.52 acres of land, more or less, thenimproved with a building comprising approximately 220,000 square feet, together with any and allthen existing site improvements, appurtenant rights and benefits of the parcel, located at 13300Arctic Avenue, Rockville, Montgomery County, Maryland, known as Parcel P209, on Tax map HR21, as recorded in Liber 13060 at Folio 122 among the land records of Montgomery County,Maryland, as shown on Exhibit A attached to the Lease, which land and improvements were thereinand are herein collectively referred to as the Property except that as herein used the term Propertyalso includes all improvements constructed on the land since the date of the Lease or hereafterconstructed on the land by the Lessee (the Property );

    WHEREAS, the Lease in Article III granted to the Lessee the right to purchase theProperty, subject to the approval of the Montgomery County Council ( County Council ) and theMontgomery County Executive ( County Executive ), and subject to any restrictions, conditions orrequirements which the County Executive and the County Council might elect to attach to thepurchase;

    WHEREAS, the Lessee's right to purchase the Property under the Lease was furthersubject to the approval of the State of Maryland Board of Public Works ( Board of Public Works )which also had the right to elect to place restrictions, conditions or requirements on the purchase;

    WHEREAS, the Lease further provided that the Lessee's right to purchase and theCounty's acceptance thereof was to be exercised in accordance with all applicable State and localstatutes and regulations governing the disposition of public property; Ge\\WHEREAS, Article Ill further provided that the baseline price of the Property was to b~ce,established by a certain method involving appraisals of the Property all as more specifically set bO..~~forth inArticle III of the Lease and further provided that the baseline price was to be adjusted ~e.c....annually pursuant to a CPI index also all as more specifically set forth in Article III of the Lease;

    WHEREAS, the Lease further provided in Article XXXVI that certain community uses ofthe Property as set forth in Article XXXVI were to be preserved and reserved for use by the publicpursuant to a recorded declaration of covenants preserving and reserving to the public thecommunity uses as set forth in Article XXXVI of the Lease in the event Lessee purchased theProperty;

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    WHEREAS, the County Council Resolution (Resolution No.: 12-1874) adopted November29, 1996 approving the Lease required that the future reestablishment of a public education facilityon the Property was not to be precluded under the Lease; and

    WHEREAS, Lessee now desires to purchase the Property and the County is agreeable toselling the Property upon the terms and conditions hereinafter set forth.

    NOW THEREFORE, in consideration of the above recitals (which are incorporatedherein) and for other good and value consideration the receipt and sufficiency of which are herebyacknowledged by the Parties and subject to the terms, conditions and covenants hereinafterprovided for the County does hereby agree to sell and the Lessee does hereby agree to purchase theProperty in accordance with the following terms and conditions.

    1. Purchase Price. The purchase price for the Property shall be Dollars($ ) payable by wire transfer from the Lessee to the County on the Settlement Date (thePurchase Price ). ~\AL/1?JJ

    2. Settlement Date. Settlement on the Property shall occur withinj)lllet) ~ days ofthe date that all Approvals (as defined in Section 3, below) for the sale of the Property have beenobtained and have become final and non-appealable (the Settlement Date ).3. Approvals. The sale of the Property is subject to (i) the approval of the CountyExecutive and any restrictions, conditions or requirements imposed on the sale by the CountyExecutive which approval shall be evidenced by the issuance of an Executive Order authorizing thesale of the Property; (ii) the approval of the CountyCouncil and any restrictions, conditions, orrequirements imposed on the sale by the CountyCouncil which approval shall be evidenced by theadoption of a resolution by the County Council authorizing the sale of the Property; (iii) theapproval of (if any may be required) the Board of Public Works and any restrictions, conditions, or

    requirements imposed on