With a new FDRPC leadership team and construction halted on the RV Campground, now is the time for an investigation of the Grassdale Sale. The seven articles below provide an inventory of issues which need to be reviewed and resolved through a formal investigation.
This article documents the protections that Grassdale retains under the Delaware Land Protection Act. Both the DNREC website and the official database of Open Space lands continue to include Grassdale. No legal process has been initiated to remove Grassdale from the Open Space program.
The enabling legislation required a due diligence process prior to transferring land to the Corporation. This duty was never undertaken or completed. This statute also requires that the Fort DuPont Complex remain a public destination for public enjoyment which is inconsistent with private development. With the passage of HB 355, the enabling legislation acquired a new provision stating that the Fort Corporation is not exempt from environmental laws.
This page provides links to seven environmental statutes which have been violated by the Grassdale sale.
The Grassdale Purchase Agreement was never finalized and remains incomplete. A total of 29 exhibits and due diligence documents are either missing or incomplete lacking signatures, dates, and other information. Only one document supporting this agreement is appropriately signed and dated. In addition, the Purchase Agreement was never approved by the Fort Corporation Board as expressly required by contract language. Finally, the Corporation contracted with an anonymous LLC which is a violation of state contracting procedures.
Because of protections under the Delaware Land Protection Act, the Fort Corporation is unable to transfer legal title to the Grassdale parcel. Instead, the Corporation has executed an “Indemnification Agreement” offering to pay the buyer $100,000 in taxpayer funds for legal fees to defend a Delaware Land Protection Act lawsuit.
A Preliminary Land Use Service (PLUS) report stated: “Tidal wetlands comprise a majority of the proposed project area. Non-tidal wetlands are also present.” Maps and photos clearly demonstrates how the Campgrounds would be encroaching on and removing protected wetlands.
The Grassdale purchaser is Sun Fort DuPont RV LLC, an anonymous Michigan limited liability company. Neither Todd Burbage nor Blue Water Development was a party to the Grassdale sales agreement. Instead, Mr. Burbage was shielded by a network of four anonymous LLCs.
No due diligence has been done to determine the financial resources of the anonymous Michigan LLC which purchased Grassdale or of Todd Burbage who is identified as a manager of this LLC. Construction of the RV campground was halted after only two months and the opening is now projected for sometime in 2024. The $2.1 million mortgage is due as a lump sum in October 2025.