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HomeMy WebLinkAboutSeminole County School Board Letter of Understanding 2003 06 27 ~"~.~. .<>;." '-':r,.',~_;:;o:J',:"_l~~:~~~~f'I"".'c '~<," '~~"I~~I;.ff'..i:';- Th. S - ,-,..:. , "\, dCr'ument . Ui ';;;II" ..... .. must be returned to Karen ponder, SCPS LETTER OF UNDERSTANDING THIS LEITER OF UNDERSTANDING is made and entered into on this day of June, 2003, by and between the City of Winter Springs, Florida ("City") and the Seminole County School Board ("School Board"). RECITALS: WHEREAS, School Board is planning, permitting and constructing a new Elementary School "I" within the City of Winter Springs on real property generally located on State Road 419; and WHEREAS, in the year 2003, the City and School Board have previously entered into an Interlocal Agreement for Public School Facility Planning pursuant to Sections 163.31777 and 1013.33, Florida Statutes ("Interlocal Agreement"); and WHEREAS, pursuant to Section 7 of the Interlocal Agreement, the School Board and City agreed to jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school and that the parties have the option to enter into a written agreement, if necessary, as to the timing, location, and governing body responsible for constructing, operating, and maintaining the required improvements; and WHEREAS, the School Board and City desire to set forth in writing some of their respective responsibilities for the construction of the new Elementary School "I" as more particularly described herein; and WHEREAS, Section 1013.33(13), Florida Statutes, allows a local government to impose reasonable development standards and conditions in accordance with Section 1013.51(1), Florida Statutes, and to consider the School Board's site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property; and WHEREAS, Section 1013.51(1)(a), Florida Statutes, expressly authorizes either party to expend funds, separately or collectively, by contract or agreement, for infrastructure improvements upon and contiguous to the proposed educational plant and facility school site including improvements for roads, byways, sidewalks, sewer, water, stormwater and other utilities, and for the installation, operation, and maintenance of traffic control and safety devices; and Letter of Understanding City of Winter Springs / Seminole County School Board Page 1 of 5 .> '~l; .' if"!,,,,-:; ". .....;';~_ ".~;.,_~:~..-.--,----;-c--~'I:!I:' WHEREAS, the City and School Board recognize schools as focal points for community activities; and WHEREAS, residential development and population growth in and around the City of Winter Springs has generated a need for another elementary school. NOW, THEREFORE, in consideration of the provisions contained in this Letter of Understanding, and other good and valuable consideration which the parties acknowledge has been received, the parties agree as follows: Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and by this reference are fully incorporated into this Letter of Understanding. Section 2. Site Plan. On June 23, 2003 the City Commission approved a site plan submitted by the School Board for the construction of the new Elementary School "I." A copy of said site plan is attached here as Exhibit "A" and fully incorporated herein by this reference ("Site Plan"). Section 3. Construction Date. The City agrees that the School Board is permitted to commence construction of new Elementary School "I" any time after July 1,2003 in accordance with the approved Site Plan and final engineering plans approved by the City Commission. Section 4. apply: 4.1 4.2 4.3 4.4 Traffic Control Devices. Regarding traffic control devices, the following shall The School Board and City shall cooperate together to petItIon the Florida Department of Transportation and Seminole County for permission to install appropriate traffic control devices, including a traffic signal, crosswalk, and pedestrian signals, at the school entrance prior to the school opening scheduled for August 2004. Said devices shall be fully operable prior to the school opening. The School Board shall pay for the permitting, installation, and maintenance of the traffic control devices. The traffic control devices shall be in accordance with the City's decorative standards. The School Board shall install a sidewalk along the south side of State Road 419 from Wade Street to the school entrance. Letter of Understanding City of Winter Springs / Seminole County School Board Page 2 of 5 0"" & '.'~'-,':i.':~~"';~_ , > Section 5. apply: Permits and Inspections. Regarding permits and inspections, the following shall 5.1 The School Board shall permit and inspect all on-site construction per the Florida Building Code, except arbor and sign age permits and inspections. It is acknowledged that construction shall include building, paving, landscaping, and on-site utilities. 5.2 The City shall permit and inspect all off-site construction. 5.3 The School Board shall pay the City inspection fees for off-site, City-owned improvements only. Section 6. Easement. Upon completion of construction of the sewage lift station and ancillary lift station facilities (e.g., perimeter fencing, discharge force mains), the School Board will convey ownership of the lift station and ancillary lift station facilities to the City. In addition, School Board shall grant an easement to the City on, over, and under the real property on which the lift station facilities are constructed. Said easement shall be in a form acceptable to the City. Upon conveyance of the lift station facilities and the easement, the City shall maintain said facility in the same manner it maintains other sewer infrastructure in the City. Section 7. ButTer. The School Board shall maintain the natural buffer along the western boundary of the school site property and install a black vinyl chain-link fence along the said boundary line. If both parties agree that more buffering is required at a later date, the School Board will install a masonry wall along applicable portions of the western boundary and obtain all applicable City permits including arbor. Section 8. Cross Seminole Trail. It is acknowledged that pursuant to Resolution 2002-R- 159 of the Seminole County Board of Commissioners, the School Board has access rights across the Cross Seminole Trail. It is also acknowledged that the School Board and Seminole County intend to route the Cross Seminole Trail around the school site. The actual location of the Cross Seminole Trail will be finalized by School Board and Seminole County at a later date. Section 9. Dumpster Pad. It is acknowledged that the School Board has a system of bagging waste prior to discarding the waste in a dumpster that eliminates putrescible waste and the need to clean refuse cans or food debris at the dumpster pad. Therefore, as long as said system is utilized by the School Board, and putrescible waste is controlled at the dumpster pad, a hub drain or catch basin is not required to be installed at the dumpster pad. Letter of Understanding City of Winter Springs I Seminole County School Board Page 3 of 5 , . ". Section 10. Old Sanford-Oviedo Road. It is acknowledged that the City prefers to preserve as much of the old Sanford-Oviedo roadway as possible on the school site. If portions of the roadway are required to be removed to accommodate the construction of the school, the School Board shall make a reasonable effort to re-use any removed roadway pavers to construct decorative landscape features at the school. The pavers may also be used to complete other design features of the school and to ensure a safe and level walking surface. If the roadway is removed in areas where a specimen tree exists, as defined in the City's Arbor Ordinance, the School Board will use a certified arborist to oversee the removal of the road and to ensure that specialized arborist procedures are used in that removal to protect any adjacent trees. Because of this arborist oversight, no protective barriers are required as specified in the Arbor Ordinance. Section 11. Vegetative Clearing. The following shall apply regarding vegetative clearing: 11.1 Prior to commencing construction, the School Board shall submit to the City a revised tree survey which will identify all existing trees (4 inch caliper or greater) that are located on the school site, excluding any trees that are located in the natural buffer area referenced in Section 7 herein. 11.2 It is acknowledged that a significant amount of vegetative clearing must occur to construct the new school pursuant to the Site Plan including the removal of no more than forty-one (41) specimen trees (including 28 cabbage palms) as defined in the City's Arbor Ordinance. On June 23, 2003, the City Commission found that pursuant to the Arbor Ordinance, the construction of the new Elementary School "I" serves a compelling government interest that enhances the Winter Springs' community. As such, the City Commission found the School Board demonstrated an extraordinary hardship and circumstance justifying the removal of the specimen trees. 11.3 The School Board will pay the arbor permit fees as calculated by the City for the removal of trees located on the school site. In addition, in accordance with the compelling government interest finding set forth in Paragraph 11.2, the City Commission hereby waives all tree bank payment requirements, pursuant to Section 5-16 of the Arbor Ordinance. However, the School Board shall implement the landscape plan approved by the City Commission on June 23, 2003. Letter of Understanding City of Winter Springs / Seminole County School Board Page 4 of 5 -''','~'N'':'''r.:'!l''';~~''''i' ,- '-"->~[F!f7:;:C:;~;;;;'~~'>~0;::;:'!I'7.i:"l~c~ , . " , ~ ." , - . 1 { t'.., IN WITNESS WHEREOF, the parties hereto have executed this Letter of Understanding on the day and year written above. CITY: . SCHOOL BOARD: WINTER SPRINGS, FLORIDA '7~ ~ , -. Bt,lsh, M,:Yl: ,~j/03 SEMINOLE COUNTY SCHOOL BOARD . By: ~. Sandh Robinson, Chairperson Date: lt~O'3 Date: Letter of Understanding City of Winter Springs / Seminole County School Board Page S ofS ~-""-~'~~~"1fi1' I> Letter of Transmittal Seminole County Public Schools Educational Support Center Facilities Planning Dept. 400 E. Lake Mary Blvd. Sanford, FL 32773 Date: 6/26/03 Attention: Anthony A. Garganese, City Reference: Attorney - Letter of Understanding w/SCPS To: CITY OF WINTER SPRINGS 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 WE ARE SENDING YOU cgj attached D hand delivered by Dianne Kramer the following item(s): DShop DPrints DPlans Drawings DCopy of Letter DChange Order DPermit DSamples DSpecifications DContract DPurchase Order cgjOther Letter of Understanding Copies Date No. Description 2 6/24/03 Letter of Understanding Board approved on 6/24/03 returned for further execution by the City. THESE ARE TRANSMITTED as checked below: cgjFor approval DApproved as submitted DResubmit copies for appvl DFor your use DApproved as noted DSubmit copies for distribution DAs requested DReturned for corrections DReturn corrected prints DSign and return DFor review and comment DFor your records cgjOther Please return one fully executed original for our records. REMARKS: Please call 407/320-0071 if you have questions or concerns. Thank you. Copy to: File Pending Return File Jay Taylor, SOC Signed: Dianne Kramer, Deputy SuptlOperations ~ ~