BETWEEN HUNTFIELD, L.C. AND THE JEFFERSON COUNTY
BOARD OF EDUCATION
Agreement made by and between, Huntfield, LC, a limited liability company, herein
referred to as "Huntfield, [sic] the Jefferson County Board of Education,
a public body created according to the statutes of the State of West Virginia.
herein ABOE@ and the City of Charles Town, a municipal
corporation, and agree as follows:
the parties desire to enter into an Agreement for the transfer of approximately
57 acres of land, located on the Huntfleld subdivision, to the BOE for purposes
of the construction of a high school complex
consideration of the premises, covenants and conditions herein and the transfer
by Huntfield to the BOE of the approximately 57 acres of land, and for other
good an [sic] valuable consideration, the parties hereto agree to the following
terms and conditions, namely:
Huntfield=s obligations are as follows:
Within 30 days of the execution hereof Huntfield hereby agrees to grant to the
BOE approximately Fifty Seven (57) acres of land, more or less, as more frilly
shown on Exhibit A, attached hereto and made a part hereof which transfer shall
be to the BOB., by general warranty revertible deed, and for the specific
purpose of construction a high school and ancillary facilities on the property
described in Exhibit A.
To cooperate and coordinate with BOE=s architect and civil engineer, or other design
party, selected by the BOE, in order to design a high school cornp1ex on the
property described in Exhibit A, including, by [sic] not limited to cooperation
with the access from the publicly dedicated right‑of-ways, grading. the
utility infrastructure, and storm water management systems. Huntfield further
agrees to provide paved access to the frontage of the land, connected to
Huntfield=s property upon completion of the onsite
construction by the BOE.
Huntfield agrees to provide only the necessary grading of the building pad for
the construction of a high school, a football field and a baseball field. The
grading for the school building shall be ten feet (10=) outside the building pad at slab sub-grade and the fields shall be
graded to drain at specifications used by the State of West Virginia Department
of Education, Huntfield shall bear the cost of completing such grading or
completing such addition [sic] site grading amounting in the aggregate to Five
Hundred Thousand Dollars ($500,000.00) whichever is greater.
Huntfield agrees to provide paved public roads, which shall be dedicated to the
City of Charles Town, along the frontage of the dedicated land internal to the
Huntfield=s property on the Huntfield site plans, which shows
generally the location of the internal roads the Huntfield property. [sic]
Provide the necessary sewer, water, telephone, electric, video (cable TV), and
internet service to the property line of the dedicated property described in
exhibit A, prior to 50% completion of the school building as certified by BOE=s architect and/or engineer.
Provide to the BOE a Acertificate of completion@ from the West Virginia Department of Environmental Protection for soil
remediation under the Voluntary Remediation Program prior to the commencement
of the construction high school complex. [sic]
Provide to the BOE, the necessary wetland permits and approval of any required
mitigation for the high school complex prior to the commencement of the high
school complex. Huntfield agrees to provide all the necessary mitigation of the
proposed site based upon a site plan provided to Huntfield in a timely manner
and designed on a reasonable basis and approved by Huntfield.
Cooperate with BOE=s efforts to acquire School Building Authority
funding and bond referendum approval or other source of financing for the
construction of the high school complex.
Huntfield agrees to mitigate the sink holes presently situate on the property
and the lead contamination by removing the first layer of top soil, as approved
and certified by engineers employed by the City of Charles Town.
Huntfield agrees to reimburse the BOE for appraisal fees incurred by the BOE
prior to the date hereof in the amount of Two Thousand Seven Hundred Dollars
Huntfield agrees to reimburse the City of Charles Town for the cost incurred by
said City of Charles Town for obtaining an appraisal of the aforesaid 57 acre
parcel, after all improvements contemplated herein have been completed. by
Huntfield and its affiliates, for the purpose of determining the value of the
credit to Huntfield=s proffer pursuant to the Proffer
Agreement entered into by and between Huntfield and the City of Charles
The reimbursements made by Huntfield to the BOE and to the City of Charles Town
for the appraisals conducted by them shall he credited to Huntfield as part of
Huntfield>s proffer pursuant to the Proffer
Agreement entered into by and between Huntfield and the City of Charles
Huntfield further states that it authorizes its Vice‑President James
Duszynski, to sign this Agreement which is binding upon its successors and
The BOE obligations are as follows:
To provide to Huntfield, all necessary engineering and architectural drawings
and plans showing the proposed site plan and location of the proposed high
school complex in order for Huntfield to evaluate the site plans and fulfill
its obligations as set forth above in a timely manner.
To diligently and continuously pursue all necessary funding opportunities and
funding sources necessary for the construction of the high school complex.
Acquire financing for the high school complex, including the obtaining of all
necessary finds for construction of the high school complex and the commencement
of the construction within the time period of five years and six months from
the date of the execution of the reverter deed, provided however that if any
delay in the commencement of said construction is caused by delay in the
grading of the property by Huntfield, the said reversion period shall be
enlarged by the same time period of said delay caused by Huntfield.
The parties agree that Huntfield shall convey the approximately fifty‑seven
(57) acres as described in Exhibit A to the BOE pursuant to the general
warranty deed with a reverter clause, The reverter clause shall be triggered at
the end of the period set forth above, and in the event that the deadlines set
forth in this Agreement are not met, the language of the deed will provide that
the land reverts to Huntfield and that the deed is null and void and that all
obligations of Huntfield to the BOE shall be deemed void.
The DOE will not intervene in or interfere with any proceeding that affects the
Huntfield project approvals on a local, state, or federal level that would be
necessary for the completion of the Huntfield development proposed to contain
3,200 units, providing that the same does not adversely affect or impact the
educational system of Jefferson County or its students.
The BOE represents that it has the legal authority to act as the representative
to enter into this Contract pursuant to a resolution of the BOE on the 18th day
of March 2003, authorizing its President or other authorized officer, with the
authority to sign and execute this Agreement, which is binding upon it and its
members, successors and assigns.
BOE fwiher states that. it authorizes its President, Lori Stilley, to sign this
Agreement which is binding upon its successors and assigns.
The City of Charles Town=s obligations are as follows:
To fulfill all of the obligations contained hereinabove for which the City is
responsible pursuant to the terms hereof.
It is the intention of the parties hereto that this Agreement will be binding
upon their successors and assigns.
The Huntfield community is defined as those properties which have been annexed
into the City of Charles Town pursuant to a proffer
statement by Huntfield and adopted and approved by the City Council as
part of the annexation ordinance on January 7, 2002.
WITNESS WHEREOF, the parties have executed this Agreement effective as of the 6th
day of May, 2003
COUNTY BOARD OF EDUCATION By: Its: Lori Stilley,
HUNTFIELD, LC By: Its: James Duszynski, Vice President
CITY OF CHARLES TOWN, a municipal corporation By: Its: J. Randolph Hilton,