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SETTLEMENT AGREEMENT

This Agreement made this 1st day of October, 2004, by and between The County Commission of Jefferson County, West Virginia, hereinafter referred to as "the County" and the City of Charles Town, a municipal corporation, hereinafter referred to as "the City".

                WHEREAS, the County, as Plaintiff, has filed a civil action in the Circuit Court of Jefferson County, West Virginia, bearing civil action no. 04-C-194 in which multiple issues have been raised. The Defendants in said civil action are the City of Charles Town, Randolph Hilton, Mayor, John Dick, Permit Officer, the Board of Education of the County of Jefferson, Greenvest LC dba Huntfield LLC, County Green LLC, Spruce Hill LLC, Winchester Cold Storage Company, Arcadia Development Corporation, and the City of Ranson, and

                WHEREAS this civil action is having the unintended consequence of jeopardizing the financing and construction of a second high school in Jefferson County, and

                WHEREAS, the parties hereto, while reserving unto each other all legal rights and arguments raised in said civil action unless specifically setforth herein to the contrary, enter into this agreement in order to facilitate the commencement of construction of the said school.

                NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto do mutually covenant and agree as follows:

1.  The agreement dated January _, 2002, between the City of Charles Town and Huntfield LC, whereby Huntfield agreed to pay a sum of money for each dwelling unit and for every 5,000 square feet of finished commercial space constructed within the said municipality, is a legally binding contract for valuable consideration. In addition, the contract allows Huntfield to make an in kind donation of land for which Huntfield is to receive credits toward monies payable under this contract. The terms and provisions of this contract allow for amendments reflecting adjustments in the amounts of money to be paid.

2.  The agreement dated Noveber _, 2002, between the City of Charles Town and Winchester Cold Storage Company, whereby Winchester Cold Storage Company agreed to pay a sum of money for each dwelling unit and for every 5,000 square feet of finished commercial space constructed within the said municipality, is a legally binding contract for valuable consideration. In addition, the contract allows Winchester Cold Storage Company to make an in kind donation of land for which Winchester Cold Storage Company is to receive credits toward monies payable under this contract. The terms and provisions of the contract allow for amendments to the same reflecting adjustments in the amounts of money to be paid.

3.   The agreement dated November _, 2002, between the City of Charles Town and Spruce Hill LLC, whereby Spruce Hill LLC agreed to pay a sum of money for each dwelling unit constructed within the said municipality, is a legally binding contract for valuable consideration. In addition, the contract allows Spruce Hill LLC to make an in kind donation of land for which Spruce Hill LLC is to receive credits toward monies payable under this contract. The terms and provisions of the contract allow for amendments to the same reflecting adjustments in the amounts of money to be paid.

4.   The agreement dated January _, 2002, between the City of Charles Town and Arcadia Development Corporation, whereby Arcadia Development Corporation agreed to pay sums of money per dwelling unit and to donate unimproved land for the purposes of a park, library or public school site or any combination thereof, is a legally binding contract for valuable consideration. This contract further provides for amendments and supplements thereto adjusting the amount of money to be paid.

5.   The agreement dated December _, 2002, between the City of Charles Town and County Green LLC and Tse-Shiung Wu MDPA Profit Sharing Trust, whereby these Developers agreed to pay a specific sum of money per dwelling unit constructed within the municipality of the City of Charles Town, is a legally binding contract for valuable consideration. This contract further provides for amendments and supplements thereto to adjust the amount of money to be paid.

6.   Under each of the aforesaid contracts, as amended, payment of the agreed upon sum is due upon issuance of a building permit for each dwelling or commercial unit within the City of Charles Town. Pursuant to the terms and provisions of the aforesaid contracts, as amended, payments and in kind donations have been made. The contracts described in paragraphs 1, 2, 3, 4 and 5 predate the enactment of West Virginia Code 8-24-86.

7.  By deed dated June 2, 2003, Huntfield LC conveyed to the Jefferson County Board of Education 57.9946 acres in the Charles Town District of Jefferson County, West Virginia for construction of a high school complex, subject to the various terms and conditions in the said deed and the attachment thereto. The deed is recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia in Deed Book 974 at Page 740. The conveyance under these documents is an " in kind donation " and the value of the donated land and the additional consideration referenced therein from Huntfield are to be credited toward payment of any and all fees required of Huntfield LC for school facilities under the said contract referenced in paragraph 1 above.

8.   Pursuant to West Virginia Code 7-20-1 et. seq. the Plaintiff, on November 6, 2003, duly adopted the Jefferson County Impact Fee Procedure Ordinance and amended the same on December 11, 2003.

9.  Pursuant to West Virginia Code 7-20-1 et. seq. the Plaintiff duly adopted An Ordinance Providing For The Imposition Of A Public School Impact Fee On All New Residential Development; And For an Effective Date of November 24, 2003.   This ordinance is hereinafter referred to herein as the " school impact fee ordinance ". For purposes of this settlement agreement, the parties adopt the definition of residential development set forth in the school impact fee ordinance. The school impact fee ordinance describes residential development as a single family detached, including mobile homes, townhouse/duplex, or multi-family unit. The initial date of collection of the public school impact fee is January 26, 2004. Under this ordinance the school impact fee is to be collected within Jefferson County, including the municipalities.

10. The City is under no legal duty to collect or to ensure payment of the school impact fee enacted or imposed by the Plaintiff. Notwithstanding such, the City agrees to refrain from issuing a building permit for new residential development, as defined in the school impact fee ordinance, until the City receives evidence of payment of or credit for the County's school impact fee. The City does not guarantee payment by any building permit applicant of the County's school impact fee and shall not collect the same.

11. The Plaintiff shall give credit towards the school impact fee for the amount of any payment received by the City of Charles Town or the value of any in kind donations for school facilities which have been or will be made under the contracts, as amended from time to time, referenced in paragraphs 1 through 5 herein. Huntfield LLC shall receive a credit toward the county school impact fee for the value of its in kind donations as calculated pursuant to the documents referenced in paragraph 7 hereof. Any credit or offset for the school impact fee for future in kind donations under the contracts referenced in paragraphs 1 through 5 hereof, shall be calculated pursuant to the Impact Fee Procedure Ordinance.

12. All funds for school facilities received by the City and credits for in kind donations on or after January 26, 2004 from building permit applicants together with a listing of the payor, lot number and amount paid shall be transmitted to the County who shall hold the same pursuant to the requirements of West Virginia Code 7-20-1 et seq.

13. The parties hereto authorize their respective counsel to present to the Circuit Court an order dismissing without prejudice civil action no. 04-C-194.

14. By the terms of this agreement and its conduct hereunder, the City has not forfeited, waived or compromised any right, legal or equitable, but instead reserves any and all rights, legal or equitable, including the right to challenge any ordinance addressing impact fees.

15. Except for the terms and provisions of this agreement, the County has not waived, forfeited or compromised any right, legal or equitable.

16. If any paragraph, sentence, clause, or phrase of this agreement is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such paragraph, sentence, clause or phrase shall be deemed a separate and distinct provision and such holding shall not affect the validity of the remaining provisions of this agreement.

17. This document is executed in five counterparts, each one of which shall be an original.

18. This settlement agreement pertains exclusively to the county's school impact fee.

By their respective signatures hereto each party hereto does certify that authority has been given by its respective bodies by the adoption of a resolution authorizing the signature of its representative hereto.
                WITNESS the following signatures and seals:

                                                The County Commission of Jefferson County, West Virginia

By:__________________________

President

The City of Charles Town, a municipal corporation

By:__________________________

                                                Mayor