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Draft Restrictions On Transfer of 60 Acres From Huntfield to the School Board, 2002

Colors are added on this web page to clarify the two parties.

 

DRAFT

 

Recitals for Agreement between Huntfield, L.C. (Grantor) and Jefferson County Board of Education (Grantee).

 

Agreement for Revertible Deed to land for a high school complex (Approximately 60 acres) from Huntfield L.C. to the Jefferson County Board of Education.

 

GRANTOR’S OBLIGATIONS

 

1.   Grant a revertible Deed to approximately 60 acres of land (as shown on Exhibit A) to Grantee for the purpose of constructing a High School complex. Said grant shall be made for no consideration.

 

2.   Consult and provide input to Grantee’s architect and civil engineer in order to design a high school complex on the aforesaid deeded 60 acre parcel of land, including, but not limited to, access to and from publicly dedicated right of ways; grading; utility placement and extensions; storm water management, and to provide such other information with respect to the construction of the infrastructure or the improvements upon said parcel of land as grantee’s architects, and civil engineers may request from time to time. Grantor must approve Grantee’s size plan, which shall be based upon a balanced grade and minimizing, to the extent feasible, expense prior to submittal to City. These factors shall be considered and approval shall not to be unreasonably withheld.

 

3.   Provide grading of the proposed Site based on Site plans submitted by grantee.

 

4.   To provide the following to grantee at such time as grantee requests that the same be provided at the appropriate stage of development and construction of the improvements on the 60 acre parcel so that construction can proceed in accordance with grantees proposed schedule:

 

(a) pave public road access to the frontage of the dedicated land internal to the grantor’s property prior to start of on-site construction;

 

(b) sewer, water, telephone, electric, video (cable, television), internet service and other appropriate data transmission service to the property line of the dedicated property prior to fifty percent (50%) completion of building as certified by Grantee’s architect;

 

(c) a certificate of completion for soil remediation under the Voluntary Remediation Program from the West Virginia Department of Environmental Protection prior to start of construction;

 

(d) wet land permit and required mitigation for a high school complex prior to start of construction.

 

(e) Grantee to provide written request minimum ninety (90) days prior to delivery of items 2(a) through 2(d) above

 

GRANTEES OBLIGATIONS

 

1.   Provide to grantor a written narrative of the process by which Grantee plans to acquire the necessary funds and approvals for construction of the high school complex no later than June 30, 2002.

 

2.   Thereafter pursue approval from the SBA[1] for the maximum amount which the SBA would be willing to contribute to the cost of the required construction.

 

3.   If SBA approval is not received in November of 2002, Grantee shall continue to process SBA funding request until funding received or alternative funds are acquired.

 

4.   Upon receipt of SBA approval and funding commitment, pursue voter approval for a bond referendum or other source of financing to complete school construction.

 

5.   If voter approval is not received, Grantee shall continue to pursue bond referendum until approved or alternate funds are acquired.

 

6.   The commencement of construction of a high school complex including awards of necessary contracts for the construction thereof shall proceed in good faith with all deliberate speed upon completion of all necessary prerequisites to such construction and once such construction has commenced it shall be prosecuted to its conclusion with due diligence.

 

REVERSION OF DEED

 

     It is the Grantor’s intention to permanently deed the land to the Jefferson County Board of Education. Given the location and value of the land, the Grantor wishes to insure the timely completion of high school construction and the necessary steps to funding of construction.

 

     Should the Grantee not meet the timelines indicated under the Grantee’s obligations, Grantor may at its option extend the completion date for any of the Grantee’s obligations. Should the Grantor not elect to extend the completion date, the deed shall revert to the Grantor. Notwithstanding anything to the contrary, failure to commence the construction of the school building within 5 years after the Grant of the land to the Jefferson County School Board, the land shall revert to Grantor. In the case of reversion, Grantor and Grantee agree that another parcel of ground will be made available for high school construction, with such parcel to be mutually agreed upon by the parties.

 

     The Grantor acknowledges that should other sources of financing (outside of SBA and bond referendum funds) be acquired, then the Grantor may be required to make permanent dedication of the land prior to the start of construction specifically for the purpose of meeting the requirements of the proposed funding. If such request for permanent dedication is requested by Grantee, then dedication will only be made if specific funding mechanisms for start of full construction are in place.

 

 

[The draft above was reviewed by the current School Board in a meeting September 3, 2002. At that meeting the Board authorized the Superintendent to re-negotiate so that (a) the 2002 dates above would be six months after signing, and (b) the return of the land to Huntfield (mentioned at the bottom) would ideally never happen, or would happen only if the School Board could not obtain financing in 5 years. The agreement, worded as shown, was negotiated by the former superintendent with Huntfield, before July 2002, under the guidance of the School Board at that time.

 

The results of any re-negotiation will come back to the Board for a vote at a future meeting.

 

The only date on the above document is an indication that it was faxed on 8/21/02 from the law firm of Layva & Bittorf. That law firm has represented the School Board on this matter.


[1] [“SBA” refers to the West Virginia School Building Authority, a state agency that gives money for improving existing schools or building new ones. Counties compete for the money.]