District Releases Agreement on Turf Field
(UPDATED) The document (attached below) outlines control, timeline and protections for the district on the $6 million gift of an artificial turf field complex by a group of private donors
(Editor’s note: The ‘memorandum of understanding’ (MOU) is attached at the bottom of this article; you are welcome to download it as it is a public document. The district released the agreement and a statement from board chair Meghan Metzler; click here to read her statement in its entirety. We sought comments on the released agreement from principals. We have updated this article and will update this post later as we get others. You are welcome to add your voices at the bottom in comments.
The Record Staff report
The Chittenden Valley School District signed an agreement with a group led by Eli Lesser-Goldsmith to move forward with a privately-financed artificial turf field, grandstands, lighting, scoreboard, access and parking at CVU.
The agreement was signed and made public on July 15. The agreement is a tangle of legalese, but places the District in control, assigns donors as paying for the project’s cost and gives them latitude regarding naming rights of the project’s various parts. The agreement applies a little time pressure as well.
The document also outlines that an informal agreement was made in August of 2025 between the two parties, that outlined goals and expectations in exploring a collaboration.
Lesser-Goldsmith’s group pledges to raise an estimated $6 million to fund the entire project including permitting, engineering, construction, purchase of materials for the field and all the other pieces of the project. Any money left over will be given back to the district for replacement costs. In the past, Lesser-Goldsmith has said The Community Field Project has substantial support.
Returning a call The Record had made, Lesser-Goldsmith declined to comment when asked about timetable or questions about financing or the reason he has been such an enthusiastic champion of the field and complex.
(Updated) Some 1,000 people have signed petitions against the artificial turf field and a representative of the two groups leading the opposition – Responsible Growth Hinesburg and the Campaign to Keep Grass Fields at CVU – issued a statement (click here to read in full) stating: “We believe that the public has been seriously misled about the Board’s review process from the very beginning, and that we have been denied the right to review and comment on critical and substantive terms of this agreement before the actual agreement was signed.”
Adam Bunting, superintendent of CVSD, answered several questions via email in order to pull in Gary Marckres, the district’s chief operating officer (who was away), for several of the answers. Marckres will be the chief point person for the project on behalf of the district, Bunting said. (The Q&A exchange with the district is under the next section which highlights aspects of the agreement.)
Some of the more important parts of the gift agreement:
“The District will be the applicant or co-applicant for required local or state permits, as appropriate, and will review, approve, and execute design submittals, permit applications, procurement recommendations, construction contracts that require District approval, and other documents within commercially reasonable timeframes.”
“The District shall have final approval authority over all phases of Project design, permit submittals, contract awards, construction scheduling, construction safety protocol development, issuance of change orders, and notices of substantial and final completion.”
“Following acceptance of the Gift, the District will assume responsibility for use and maintenance of the Project.”
Any funds raised that are left over at completion of the project will be given to the District for maintenance and/or replacement costs.
The donors, for the moment, will be using Friends of CVU as its nonprofit fiscal agent with the possibility of The Community Field Project forming its own nonprofit organization at which time it could transfer fiscal responsibility to that entity.
The District grants the donors the ability to grant naming rights – permanent or for a period of time - for parts of the project, including the field, stands, seats, lighting, concession stand, etc.
The District retains the right to remove the names in the event the named person is convicted of a felony or exhibits behavior contrary to the values of the district.
All public announcements and outreach materials will be released jointly and with both parties’ approval.
The agreement can be ended through mutual consent or in the event of one party being in violation of the agreement.
“On August 13, 2025, CVSD and the Donor executed a non-binding Term Sheet that set forth principal terms for a restricted gift in support of the Project (the “Term Sheet”) which provided that the Parties would negotiate in good faith and execute a definitive agreement memorializing such terms.”
Q & A with District:
The Record (R) and the District (D)
R: How is the district going to be protected should the turf group fail to raise enough money to finish the project?
D: The parties’ intent is to raise all, or substantially all, of the necessary funds before construction begins. The District is also protected through the Agreement’s “Submittals” process. Under that process, the District must review and approve each major stage of the project, including the project budget, construction schedule, design materials, contracts, and notice to proceed. In practical terms, the donor group cannot simply begin construction and leave the District with an unfinished project.
R: Is there a provision whereby the district would require a certain amount of money to be raised and in hand BEFORE the project begins?
D: See above
R: What District funds are set aside for the District to hire a lawyer (as a permit applicant, for instance) or in the event the District is sued in court?
D: The Gift Agreement does not provide a separate fund for the District’s legal expenses. As written, each party is responsible for its own costs and expenses unless the Agreement specifically states otherwise. The District maintains a general legal-services budget for matters that arise during the year. It is also important to distinguish between ordinary legal expenses and costs arising from the donor group’s actions. The Agreement contains indemnification and insurance provisions intended to protect the District in certain circumstances, although the scope of those protections would depend on the specific facts.
R: What was the agreement made on August 13, 2025, and why was that not made public? (or was it?) May The Record get a copy?
D: The document’s purpose was to establish a general framework for continued negotiations, including the potential scope of the gift, the responsibilities of the parties and the process for developing a definitive agreement. We are happy to share, but likely won’t have access until next week.
R: I am totally confused by the wording of this (legalese, I realize, but...)
“14.1 Term. This Agreement is effective as of the Effective Date and continues until the later of Final Completion under Section 9.3 or two (2) years from the Effective Date, whichever occurs first, unless earlier terminated as provided below. Sections that by their nature should survive termination or expiration shall survive, including Sections 5, 10-12, 13, 16-21.”
D: The intent is that the Agreement will remain in effect until the project reaches final completion, but that the donor group also has a limited period in which to demonstrate meaningful progress. If sufficient progress has not been made toward fundraising, permitting, and construction within two years, the Agreement may terminate.
R: Who is going to actually manage the project at District level and at Donor level?
At the District level, project oversight would be Chief Operating Officer and facilities staff. The board would retain any approval authority assigned to it by law, policy, or the Gift Agreement. At the donor level, Friends of CVU and the Community Field Project would need to identify an authorized project representative responsible for fundraising, coordinating consultants and contractors, preparing required submissions, and communicating with the District. The names and specific responsibilities of the project managers should be documented before the project advances.
