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HomeMy WebLinkAbout2010 08 23 Regular 600 Development Agreement For Charter School Within The Town Center COMMISSION AGENDA Consent Informational ITEM 600 Public Hearing Regular X August 23, 2010 r 1 Meeting gr. / • - . t Authorization REQUEST: The Community Development Department requests the Commission consider the proposed development agreement for a 50,000 square foot (SF) 2 -story charter school on an 8.7 acre crescent - shaped site within the Town Center. SYNOPSIS: Section 20 -323 (a) of the City Code lists schools as a permitted use within the Town Center. Section 20 -324 (9) of the City Code provides for the designation of certain sites having special public importance to be designated as "civic sites (item 602, on June 14, 2010). The special exception process for a building footprint larger than 20,000 SF was approved on July 12, 2010. This is the development agreement (DA), to memorialize the commitments and waivers identified through and beyond the civic site designation, special exception, and conceptual site plan approvals. It is understood that the DA may need to be modified with the subsequent site plan and /or aesthetic review. CONSIDERATIONS: LAND USE, ZONING DESIGNATION, ETC.: Zoning: Town Center Future Land Use Designation: Town Center APPLICABLE REGULATIONS: Florida Statutes Comprehensive Plan City Code Conditions of approval from the concept plan August 23, 2010 Regular Item 600 Page 2 BACKGROUND AND OVERVIEW: The vegetated 8.7 acre site is strategically located along the north side of SR 434, at the western- most terminus of the Town Center, where two (2) important [visual] terminating vistas along SR 434 meet. It is also bounded by the Cross Seminole Trail, Central Winds Park, the Hound Ground Park, and the high school. Across SR 434 is Heritage Park. The applicant is doing "due diligence" to purchase the site for a 50,000 S.F., 2 -story, charter elementary school for approximately 450 - 650 students (to relocate the existing Choices in Learning Elementary School from Longwood; most students are projected to live within 6 miles). The famous planner, Clarence Perry, known as the "father of the neighborhood unit," considered the ideal neighborhood to be located around an elementary school. Children from Heritage Park, Jesup's Reserve, Avery Park, Parkstone, Winding Hollow, Stone Gable, and the homes along Orange Avenue would be within biking, or in some cases walking, distance of the school. Artesian Park, Sonesta Pointe, and Jesup's Landing, when they develop, would also be within easy biking and walking distance. Although a charter school is not a neighborhood school, it can have a number of the same functions and interactions with the community, including, for example, sharing facilities with the City Parks Department and a place for after school and summer events — including shared facility uses with the City. The site is subject to the Town Center provisions of the comprehensive plan (Future Land Use Element) and the Town Center Code (sections 20 -320 thru 20 -327 of the City Code). Section 163.3194, Florida Statutes, requires any development approved or undertaken by a local government to be consistent with the comprehensive plan (i.e. no waivers are allowed from the comp plan requirements). Staff believes, however, that state law may exempt public schools from aesthetic and building requirements, unless agreed to in a legal document, such as a development agreement. Pertinent Town Center issues include, but are not limited to ensuring the provision of prominent public architecture at the terminating vistas (from both east and west, as well as from the intersection of the trail and Central Winds Parkway - primarily the view from east -bound SR 434), designing the site (as well as the building) to project properly onto SR 434, the interaction between a school on this site with the adjacent trail and park, proper parking provisions, traffic, and shared use of school and City facilities. The site has readily accessible City water and sanitary sewer service. There is a 6 inch sanitary force main and a 12 inch potable water main in the adjacent Central Winds Parkway, east of the site. Topics included in the development agreement, include, but are not necessarily limited to, the following: • civic site designation; • adjacent on- street parking; • multiple phases; • minimizing on -site parking and stacking (and the view from SR 434); • site orientation toward the park and the trail (as indicated in the approved concept plan); • properly addressing the terminating vistas with significant architecture, site design, hardscape, and landscaping; August 23, 2010 Regular Item 600 Page 3 • signage ; • fencing; • aesthetic Town Center architecture controls; • waiving the frontage road along SR 434; and • joint use of facilities (parking for each entity's special events, City use of large indoor assembly area(s), possible shared signage, and outdoor active and passive recreation areas). COMPREHENSIVE PLAN REQUIREMENTS: Future Land Use Element: The following goals, objectives, and policies from the Future Land Use Element of the City's comprehensive plan are most pertinent to development of this site as a school: Objective 1.11 Public Schools. The City shall implement standards for the siting of public schools to increase the quality of life and local educational opportunities for its citizens. Goal 2. Town Center. The City seeks to create a Town Center based upon traditional design standards for development that will become the identifying focus of the City's downtown and contribute to an increased and diversified tax base for the City. The primary purpose of the Town Center shall be to create an economically successful, vibrant, aesthetic, compact, multimodal, diverse, mixed use (including horizontal and vertical integration of uses) neo- traditional urban environment, designed on a pedestrian scale and with a pedestrian orientation. The Town Center is to be a place where people can reside in a mix of single and multiple family dwellings, work, gather to shop, relax, recreate, be entertained, attend community events, and enjoy the natural beauty of lands located in the Town Center. The Town Center should be created through public and private investment and development. Policy 2.2.1: Neo- Traditional Characteristics. Encourage a mixed use higher density/intensity neo- traditional Town Center, utilizing, to the extent practical, the fundamentals and urban design concepts in the Town Center Master Plan: • Urban and high density • Walkable community • Predictability in design /flexibility in land uses. • Visibly different section of S.R. 434 • Important sites for special public places • "Green network" of parks and preserved open spaces • Connected network of streets and blocks • Special public spaces of defined character • Special sites for civic buildings • Pedestrian sized blocks Nongated developments Policy 2.2.2: Variety of Places. Promote and permit a variety of places to gather, shop, relax, recreate and enjoy the natural beauty of the Town Center. Choose sites for public spaces because of their uniqueness or existing physical features. August 23, 2010 Regular Item 600 Page 4 Policy 2.2.4: Mixed Uses. Permit a variety of mixed uses consistent, compatible, and in harmony with the Town Center Goal, including single family residential, multiple family residential, commercial retail and services, public services and buildings, parks, and schools, through the enactment of creative and flexible land development regulations. Policy 2.3.6: High Quality Development. Ensure high - quality building and development that enhances the image and economic well -being of the City and the Town Center. Policy 5.2.3: Public Areas within the Town Center. Incorporate pedestrian nodes, such as plazas, parks, squares, gardens, courtyards, or other public green space areas. Policy 5.2.6: Pedestrian - Friendly Site Design. Promote pedestrian gathering and circulation by requiring all of the following: • Safe and convenient pedestrian connection to commercial shop fronts from rear parking areas. Connection might be by public sidewalk or through plazas, courtyards, vias, or corridors; • Transit stops which are well connected to pedestrian circulation systems and include shelter from the elements and sitting areas; • Sidewalks that are a minimum of 12' wide along in front of commercial shop fronts and are a minimum of 6' wide in all other areas; • Provisions for immediate shade along streets by inclusion of larger caliper shade trees, expanded awnings or colonnades for commercial shop fronts, and /or other means; • Pedestrian lighting and subdued night lighting of display windows and building interiors along street frontages; • Room -sized areas of occupiable space (as defined in Florida Building Code, Chapter 2) along street frontages in commercial shop fronts with entrances at the same grade as the sidewalk; and • Streetscape design as set forth in the Town Center District Code. Policy 5.2.7: General Design of Individual Developments within the Urban Central Business District. Require all development within the UCBD to comply with the Town Center Goal and Town Center District Code. Require development to include diversity in detailing and style while maintaining aesthetic harmony and buildings to include at least two stories. Ancillary buildings may be excluded from the two story minimum by action of the City Commission. Public Schools Facilities Element: The following pertinent goal and policies are located within the City's Public School Facilities Element of the Comprehensive Plan: Policy 1.6.2: Co Location and Community Focal Point. Encourage to the extent feasible, the co- location of new school sites with appropriate City facilities, recognizing that new schools are an essential component in creating a sense of community. Encourage, through the development review process, the location of new school sites so they may serve as community focal points. Enter into an interlocal agreement with the School Board where co- location takes place, to address shared uses of facilities, maintenance costs, vehicular and bicycle parking, supervision and liability issues, among other concerns. August 23, 2010 Regular Item 600 Page 5 GOAL 1: Provide Quality Education. As a basic tenet of community life, it is the goal of the City to contribute to and maintain a high quality public school environment. Objective 1.6: Ensuring Compatibility with Surrounding Land Uses, Encouraging Co - location with Appropriate City Facilities, Location in Proximity to Residential Areas to be Served and Function as a Community Focal Point. The City shall ensure compatibility of school facilities with surrounding land use through the development review process and shall encourage, to the extent feasible, co- location of new schools with compatible City facilities, and the location of school facilities to serve as community focal points. Policy 1.7.1: Maximizing Efficiency of Infrastructure. Seek to maximize efficient use of existing infrastructure and avoid sprawl development by identifying future school sites that take advantage of existing and planned roads, potable water, sanitary sewer, parks, and drainage systems, during participation in the future school site identification process detailed in the 2007 ILA. Policy 1.3.2: Site Sizes and Co location in the City. Work with the School District to identify sites for future educational facilities that meet the minimum standards of the School Board where possible and which are consistent with the provisions of the City's Comprehensive Plan. Support the School Board in efforts to use standards more appropriate to a built urban environment, when the size of available sites does not meet the minimum School Board standards. Work with the School Board to achieve co- location of schools with City facilities, to the extent feasible, as a solution to the problem of lack of sufficiently sized sites. Recreation & Open Space Element: The following supporting policy is from the Recreation and Open Space Element of the City's comprehensive plan: Policy 1.7.3: Continue coordination with the Seminole County School Board, to allow the use of school board facilities by the general public. Parks and schools shall be collocated to the extent possible to optimize the shared use of facilities. (Cross Reference: See Future Land Use Element, Policy 1.11.9) Fiscal Impact Objective & Policies: The following comprehensive plan, Future Land Use Element, objective and policies address the fiscal impact of a development: Policy 2.1.3: Promote and Protect. Maintain a leadership position to protect the economic and planning integrity of the Town Center and promote public and private investment and growth therein. Objective 2.3 Economic Development. Plan and promote sufficient economic growth and development that provides for an appropriate balance of high - quality land uses, development and activities that will provide a sound financial future for the City. Policy 2.3.3: Optimization of Tax Base. Ensure compatible land uses and development projects within the Town Center that optimally increase and diversify the City's tax base and economic well- being, while complementing and protecting established surrounding neighborhoods. Policy 2.3.4: Fiscal Impacts of Development. Ensure that City policies, regulations, and decision making processes not only consider Town Center design planning impacts, but also consider whether proposed new development will have a positive and acceptable economic impact on the City. In furtherance of this policy, the City Commission may require, as a condition of considering the approval or denial of a August 23, 2010 Regular Item 600 Page 6 development project, that developers provide a written economic fiscal impact report, prepared by a duly qualified expert that details the associated fiscal impacts of any proposed new development project on the City and the School District. STRATEGIC PLAN: The Winter Springs Strategic Plan identified the Town Center as both a strength and an opportunity (other strengths include neighborhoods and planning). Goals and objectives included promoting a sense of community and aggressively completing the vision for the Town Center. The plan also listed community treasures as including the Town Center, schools, family atmosphere, walkable community, upscale atmosphere and enforced standards, and high stable property values. While the strategic plan is not legally binding, it embodies and projects the values, spirit, and visions of the future of the City's citizens and business owners. MAY 14, 2010 CHARETTE /WORKSHOP: On May 14, 2010, Victor Dover (Dover Kohl & Partners, the City's Town Center consultant) provided a charette for the site (the applicant agreed to pay the cost) with the applicant and City staff. The following are the highlights of his comments and advice for designation as a civic site and subsequent development as a charter school in the Town Center: 1. The Commission should consider determining this to be a Civic Site (Sec. 20 -324 (9) and have a document to memorialize the designation, subject to commitments from the applicant. [staff suggested perhaps a development agreement would be appropriate] The site could be conditionally determined to be a civic site, so that if the land deal fell apart, it could still be developed for commercial or residential purposes. 2. The prominence of the site allows opportunity as a gateway to the Town Center and will alert drivers traveling eastbound, that they are entering a different portion of the City. 3. The building should have a prominent vertical feature as a focal point at the tangent of the prominent east -bound and west -bound terminating vistas. Due to the 2 story height and its location in important terminating vistas, the building should be located as far west (toward Parkstone) as possible, to make it appear large and prominent. 4. In an urban setting, where land is scarce and valuable, a vertically sloped and fenced pond can be an acceptable amenity (e.g. a reflecting pond; an urban water edge), incorporating appropriate fencing (e.g. the pond behind City Hall). Consider off -site retention possibilities and options (e.g. the enclave property to the west) and other alternatives (some underground). 5. The student drop -off area needs to not look like a parking lot. 6. Parking determination should be made on the side of not over - paving. The objective is to strike the correct balance and to have a plan "B" for special events which might be a shared parking solution (with Winter Springs High School or Central Winds Park). August 23, 2010 Regular Item 600 Page 7 7. To keep the 434 side from looking like a parking lot, it should be designed for the cars to park among the trees (a site that will look good when the cars are not there and not bad when they are). 8. Perimeter fencing should look like an extension of the architecture. Conceal as much of the perimeter fence aspossible in the trees and landscaping — with attractive vistas in thru the vegetation [There was discussion of a fence possibly incorporating masonry footer, base, and columns and imitation wrought iron pickets and of how chain link is prohibited in the Town Center] . 9. The complete site needs to be considered, including buildings, fences, parking, and other features, as they will appear/be seen from the intersection of the Cross Seminole Trail and Old 434. 10. Signage should complement the site. Instead of a monument sign, consider a monument with signage. There are a lot of signage options in the town center code. Do not look at the monument sign out front or the clock towers to emulate [there was discussion of building mounted signage, including signage projecting from the roof]. 11. If the applicant were seeking LEED status, provision of a small school brings LEED ND (neighborhood) points. FISCAL IMPACT: Development of the site as a school would remove the property from the tax rolls. The Urban Land Institute notes that neighborhood schools are a primary consideration for many home buyers and are often a significant factor in residential development demand and sales price. If parents patronize local merchants, while waiting for their children, and the school incorporates local dance, martial arts, or music classes, these could be an additional significant positive effect on the local economy. Please see the attachment, which addresses the history and economics of the school. The potential tax revenue for the property has been accessed for both a residential as well as a commercial development scenario. Since the property, if used as a charter school, would be removed from the tax rolls, the City Commission needs to be aware of the potential for lost tax revenue when considering designation of the property as a civic site and when entertaining any statements from the applicant relative to ancillary revenues as a result of the location of the school. Tax revenue scenarios are as follows: • The undeveloped property currently pays $20, 643 in property taxes; the City receives a little more than $5,000 of this amount. • Townhomes (76 units), as proposed in a 2006 design submittal Units (1,200 square feet) — assessed at $90 /square foot: $8,208,000 August 23, 2010 Regular Item 600 Page 8 $8,208,000/1000 = 8208 8,208 (2.5814) = $21,188.13 $21,188.13 (less the 4% statutory discount) = $20,340.61 tax revenue • Commercial (floor area ratio of 20 %) 8.7 acres (43,560 square feet) = 378,972 square feet FAR of 20% = 75,794 square feet of commercial development 75,794 square feet assessed at $105 /square foot = $7,958,412 $7,958,412/1000 = 7,958.41 7,958.41 (2.5814) - $20,543.84 $20,543.84 (less the 4% statutory discount) = $19,722.09 tax revenue The tax revenue estimates for the residential and the commercial scenarios would be added to the tax revenue for the vacant property, thereby generating total property tax revenues of approximately $25,340 for the residential scenario and $24,722 for the commercial scenario. COMMUNICATION EFFORTS: A sign at the site and mailing to abutting property owners was provided for the public hearing for the associated special exception. The Commission Agenda has been posted on the bulletin board outside City Hall, on the City's electronic sign; the agenda is electronically posted according to the City Clerk's procedure. RECOMMENDATION: Staff recommends that the City Commission approve the draft development agreement. ATTACHMENTS: A Location map B Dover Kohl memo C Concept plan D History and economic report E Draft development agreement ATTACHMENT A H Lake Jesup • • i _, f G J ' • F 0 io C] ;4 ° •. w ` + a G . • ` 430 1020 -. _. ... TRAM, WINDS U pp It - CEN PKWY ... • y, !ill:) P.• ! i 38, '.E . - -' ' A .i. - '' 740.. 1 p - ► a:v :: 7 F ■ ' ^ . 744 F Xl_ U ' 1 - -4. 746 � ` Z \ . 1 747: 748 70 74 750 . ,. r _.. 751: 752 370 , g 42. 754 • Z ' • cI j , .:. 58 . 3s0 T . C o t,N % ---- .764 - _ `g`,. 7 66 330 • :c� IORO ."'. 1. 768 ► ;' 770 1 772 - - . $ v1.m:y,�i 7 {: 310 900 ". �� ;.�! • � 'a... , �! _ _. , 8 ' 70 wa _ Continued Pg 2415 J 6 • - 7 A 8 1 2 • 3 �, 1 ? ?-E NOTES: a_ N- , �1 r , � ; . ��, Municipal Address Map Book ° .. _ F ..� : MONIED: REVISED: it .�. • t' , ta ` = A Ci 2005 of Winter Springs, FL 2411 r ;D ; CA � .. nw Developed Dr suaf�. s..,er�s Mopping Corp. P � LO!•A Y YAP IC NR11 1 & 2 rLE RApDS REM ATTACHMENT B DOVER, KOHL & PARTNERS t o w n p l a n n i n g Memorandum To: Randy Stevenson, John Baker City of Winter Springs Cc: Victor Dover From: James Dougherty Date: June 4, 2010 Subject: Elementary Charter School: On- Street Parking Considerations The Charter School proposed for the western end of the Winter Springs Town Center has the potential to be very contributive to the sense of place and vitality of the overall Town Center. Substantial progress was made during the May 14, 2010 meeting with the applicant, where revisions to the site plan were discussed to enhance the Charter School's physical civic presence and contribution to the walkability of the surrounding urban fabric. Discussion continues regarding the inclusion of on- street parking on streets surrounding the Charter School. Examination of precedents for in -town urban elementary schools may be helpful, demonstrating that on- street parking has substantial benefits. Benefits of on- street parking adjacent to schools include: 1. Reduction of need for on -site parking lots — Adjacent on- street parking, when dedicated for school use during key school hours, offsets the need for on -site spaces in a parking lot. Reduction of the site area dedicated to parking lots is very useful when attempting to design a site plan with multiple high quality `presentation faces'. The Winter Springs Charter School has just such a site. The parcel is constrained in size and shape making parking lots and other back -of -house items difficult to shield from street frontages. Parking lots between a building face and the adjacent street should be avoided whenever possible when creating walkable streets as envisioned for the Winter Springs Town Center. 2. Traffic calming — On- street parking is one of the very best tools available to urban designers when configuring streets to slow the travel speed of cars. On- street parking, like other elements of spatial containment such as street trees and street - oriented buildings, provides `visual friction'. When a vehicular travel lane is dimensionally constrained by visible objects, drivers are compelled to travel more slowly. Slowing vehicular traffic in this manner is especially critical in areas where children are expected to be present. Winter Springs Town Center Elementary Charter School: on- street parking June 4, 2010 Page 2 of 6 3. Protection for pedestrians — On- street parking, like regularly- spaced street trees, functions as a physical barrier between the sidewalk and vehicular travel lanes. This leads to increased comfort and safety for pedestrians. Attached are images of two Florida precedents for elementary schools embedded within walkable neighborhoods. Both feature adjacent streets with on- street parking. Celebration School K -8, Celebration, FL h SZ ti 0 • 4 . : , " ; . a 4 _ _ 1 A , k :. �► / N ' _ ..,,,t, 4 , 44 ilp This view shows the school facility configured to provide high quality street frontages on multiple sides. The main front entrance of the facility faces the triangular green in the foreground of the photo. Parking, loading facilities and other back -of -house items are screened from view from streets and public spaces. Other street - oriented uses, including rowhouses and apartments, face the school facility across traffic- calmed streets. On- street parallel parking features prominently on these surrounding streets. This parking provides traffic- calming, and reduces the school's need for on -lot parking to only a small rear parking lot. In the back right corner of the photo, space - efficient bus drop -offs can be seen located between the sidewalk and the face of the building. Winter Springs Town Center Elementary Charter School: on- street parking June 4, 2010 Page 3 of 6 1 % / - . l ' -A s $ 1 4 '* ,!` '., .1.:, f , - - r 1 40'. IS ' - 0 4.0°C I ` 1 \ 1. \ ..ft . , ', i ► . � , • This zoomed -in view clearly shows on- street parking adjacent to the school. J� a ;x d a r rr r a . "'• + fir • ♦ „ ,. _ .. . ... .yam " `- .. 1 ` a At, ..-,.)-.. ' -. 4.0"-- w0 { ` *. 11 "' .of , . t ..- �1 1�4 «; t o . ,....�� - 4 : a T �'. ,- 4 + - ifO ',. j 4:1C . . -, 1 I This view, looking the opposite direction, shows the school's close walkable proximity to the heart of Celebration's mixed -use town center. Winter Springs Town Center Elementary Charter School: on- street parking June 4, 2010 Page 4 of 6 Riviera Day School, Coral Gables, FL • ar • • fr 4:3411 arlitaffiglis +-nr n7 , 1Y Riviera Day School, a private elementary school, sits at the center of this image. It is comprised of the buildings around the visible swimming pool and basketball court, and also the courtyard building to their right. The school is embedded within the Riviera neighborhood visible on the left half of the image, and downtown South Miami on the right side of the image. The school faces the public Riviera Park (under construction in this image). The school is integrated completely within the walkable neighborhood fabric. It is surrounded on multiple sides by traffic- calmed tree -lined streets with on- street parking. Winter Springs Town Center Elementary Charter School: on- street parking June 4, 2010 Page 5 of 6 *; Kok �� ' ' A4' .� , o.Ndr -, • .. ., ,r a. F' •/ 4. o •tii. ivy . .�_ ' / '" r '' vii4i. 4 . + t x ,,Se .,, ,,..... )01' '' r r +rr NO r '-$. '‹. „" F P i fi CNOaC if ; A ° a 45 3 45 PN � , C. : -• r F . ' • \ ' : : Rid 41. R . a .. y ` si .q -- 0 1 N ' r t !■ .,..* _ .. jiiii.... noy4 , ,5 tT . _ a .440 ' . ,..„ ... 411.4..........r.„ ,vre.,. .4 71# 4. 11,:;.;:: .... ,...,,s.:1 ., t; : s..:1,...: ,_ : :„.....: w y ♦ Signs restrict on- street parking to Riviera Day School use only during pick -up dines. Winter Springs Town Center Elementary Charter School: on- street parking June 4, 2010 Page 6 of 6 'Of e Adbi . t 46.1" 4111,. i (' r i • ON 3116.; " R ¶ The streets around the Riviera Day School feature metered on- street diagonal parking. This parking is available to the public most of the time, but is restricted to school use only during key school times. Also prominent in this image is the fence defining the edge of the school grounds from the public sidewalk. Residential parking permits do not take effect on adjacent on- street parking spaces until after school hours, allowing an efficient sharing of parking between the school and its neighbors. ELEMENTARY CHARTER SCHOOL • WINTER SPRINGS, FLORIDA PROJECT DATA ' BUILDING BLDG. AREA (SF) R Q 'D. PARKING PROVIDED PARKING PARKING CALL. PRIMARY HIERARCHY: > I CHARTER SCHOOL (TWO- STORY) 50,000 SF 71 57 PAVED 1 PER STAFF (65 EST.) CENTRAL WINDS PARK - _,, ->i .-c) Yt _ -- 1 3 4 UNPAVED PLUS 7 PER 100 STUDENTS (650) ■ 10+ STREET 434 (S R N0. 419) _`_— — �"� —J PARENT DROP -OFF ON SITE STACKING CONCRETE _,.„.---..„,/-- _� f— POhEPPOE JRB : 60 VEHICLES \ FORMERLY S.R- NO I (50' RIW) _- --- — ,• G ,�_ o • '' J` \ ROUN SI G SID PAKING ' D I , / t< UTILITY i t) \ —� P IIY a =MEN* O STREET SID R �� � ! 1 B Y \ _ _------- a , y��,g� a,a '' — _ _--� ......_. r .... ,N^ - F , , 8 w 1 w - ---- ' , .�,,,� . -� — t �, , , , -Ena .. 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MAIN ENTRY ' ■ SOUTH ELEVATION I S.R. 434 VISTAS TERMINATE AND CONVERGE w / APPROXIMATELY AT THE FOCAL TOWER Z Lam Z - 55 ' - O _. f „ STEPPED PARAPET FACADE EXPRESSES A CIVIC PRESENCE f ' CORNICE EXPRESSIONS 71 36'-D' 4 m I - T -. s : . - +ii: m o w ILA _ ate . $ - e � .'� _ . Disclaimer: This drawing reflects a design concept generated by the architect in the EXPRESSION LINE initial phase of the design process. Only the final design and construction documents ._ - will reflect the true design with respect to character, style, area, special relationships, iiii i ' - 1 �` �` • " - finish materials and all other aspects of the proposed project. s - - l ,..!I II ., ti/, r . ? ..:. ...I . _ -1.. _',, 0 0 5 - i.w HICKS AVE. R -O -W- (OLD 434) ■ WEST ELEVATION (EASTBOUND S.R. 434 VIS TE'MINATION) BURKE HOGUE MILLS, INC. CONCEPTUAL ELEVATIONS bhfft, 1130 BUSINESS CENTER DR. LAKE MARY, FL 32746 407 3332005 wwrvbhmus.com AAC000233 2010.016 05.27.10 ATTACHMENT D History Choices in Learning was organized in 2000 and opened for school in 2001. The School has been managed and run successfully for 9 full school years. Choices in Learning received a 15 year Charter from SCPS. Choices in Learning consistently is an A rated School Choices in Learning is a high performing public school that has Board of Directors that is responsible for the operation of the School. The Board of Directors is a combination of parents and local business people in the community. They have dealt very effectively with numerous challenges throughout the years such as hiring and firing Principals, the unexpected death of another principal in mid -year, the unfortunate death of 3 children while in the care of a dysfunctional parent, and relocation of the school in order to meet the demand. The School has solid leadership. Money and Economics Financial Overview of the School 2009 -2010 • 2009 -2010 operating budget was $3.6 million • Payroll and associated taxes was $2.0 million • Revenue for procured services is $1.6 million • 45 employees • Most of the employees have 4 year degrees, some have masters degrees • Finish the 2009 -2010 year at least $450,000 in the black. • $1,350,000 of cash in the bank as of April 30, 2010. • Finish the business year with $1,150,000 after modular expenses. • No debt Projected financial information of the School in 2011 -2012 • Projected operating budget will be $5.1 million • Payroll and associated taxes will be $2.46 million • Debt payment on new facility will be $700,000 • 60 employees (creation of 15 new jobs) • Cash in the bank will grow steadily from today forward even with facility payment. Controls and Responsibility The School is audited every year by a 3 Party CPA. The last three Annual Audit Reports that were recorded in Tallahassee are included on the disk. Please contact the auditor and check us out — James Moore and Company out of Daytona is the CPA firm. Audits have always been very positive and the corrective recommendations noted by the Auditors become part of the SOP. The School employees a full-time business manager that oversees all of the daily accounting and procurement activities. School also has an independent CPA review our books each month. The Board ensures the School runs in a fiscally responsible manner. The Project Choices in Learning has a solid financial position. The project will be funded with permanent financing through bond issue. The IDA granted approval May 19, 2010 The overall Project Value (land, design and construction, FF &E) is expected to be $8.5 million. Debt Service Coverage Ratio remains well above 1.1 and cash in the bank will in excess of seven figures. Path Moving Forward Concept Approval Special Exception Development Agreement Start Designing ATTACHMENT E THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese, Esq. City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 (407) 425 -9566 CHOICES IN LEARNING CHARTER SCHOOL DEVELOPMENT AGREEMENT THIS CHOICES IN LEARNING CHARTER SCHOOL DEVELOPMENT AGREEMENT (the "Development Agreement ") is made and entered into this day of August, 2010, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City "), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHOICES IN LEARNING INC., a Florida not -for - profit corporation (the "School "), whose address is 893 E. State Road 434, Longwood, Florida 32750. WITNESSETH: WHEREAS, the School represents to the City that it has the contract right to acquire approximately 8.7 acres of real property, located within the zoning district known as the Winter Springs Town Center, which real property is more particularly described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference (the "Proposed Site "); and WHEREAS, the School intends to develop the Proposed Site as a charter school for grades Pre -K through 5 (the "Charter School ") in accordance with the City's Comprehensive Plan and City Code; and WHEREAS, on June 14, 2010, the City Commission of the City of Winter Springs, Florida (the "City Commission "), unanimously voted that the Proposed Site shall be designated a Civic Site within the Winter Springs Town Center, subject to conditions and provisions of the City's Town Center Code and provided that the School and the City will work in good faith to develop and memorialize in writing the mutual expectations of the City and the School regarding the development of the Proposed Site as set forth below in this Development Agreement; and WHEREAS, on June 28, 2010, pursuant to Section 20- 321(c)(1)(c), City Code, the City Commission, acting in its capacity as the Development Review Committee, preliminarily approved a special exception to allow a building footprint greater than 20,000 square feet as prescribed in Section 20- 324(12) of the Code (the "Special Exception "), subject to the execution of this Development Agreement; and WHEREAS, on July 12, 2010, the City Commission granted final approval of the aforesaid special exception, subject to the execution of this Development Agreement; and WHEREAS, on June 28, 2010, pursuant to Section 20- 321(b)(3) of the Code, the City Commission approved the Conceptual Development Plan, attached hereto as Exhibit "8" and incorporated by reference (the "Conceptual Development Plan"), subject to the execution of this Development Agreement; and WHEREAS, the City and the School desire to set forth the following special terms and conditions with respect to the proposed development and construction of the Charter School on the Proposed Site. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0. Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and Section 20 -321 (d) of the Code. 3.0. Approval of Conceptual Development Plan. The School shall design, permit and construct a "school" on the Property that creates a civic site, as described in Section 20- 324(9) of the Code and Section 4.0 of this Agreement, within the City's Town Center. The Charter School development project shall consist of a 2 -story elementary school including grades Pre-K through 5, with a range between 45,000 square feet and 55,000 square feet, as well as appropriate parking, vehicle queuing area, on -site traffic operations, bus drop -off area, recreational areas, and areas for future expansion. School acknowledges that aesthetic enhancements and establishing a civic site are a paramount public concern to the City and the residents of Winter Springs; and as such, School agrees to reasonably and adequately address these concems during the design and construction of the Project. The City hereby acknowledges and agrees that the Conceptual Development Plan is acceptable; provided, however, School shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans. School shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the Conceptual Development Plan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. School acknowledges and agrees that the Conceptual Development Plan was not prepared with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City in substantial compliance with the Conceptual Development Plan. Further, the elevations and roof lines depicted in the Conceptual Development Plan for the school building may have to be adjusted to Development Agreement City of Winter Springs and Choices In Learning, Inc. 2 the City's satisfaction in order to comply with the requirements under the City's aesthetic review ordinance. As such, School and the City agree that the Conceptual Development Plan is intended to be conceptual in nature and subject to reasonable adjustments at the fmal site plan and final engineering phase in order to bring the Project into compliance with the City Code and the needs of the Town Center Civic Site designation. 4.0 Civic Site. In accordance with the City Commission's designation of the Proposed Site as a Civic Site, as described in Section 20- 324(9) of the City Code and pursuant to the terms and conditions of this Development Agreement, the Proposed Site shall be aesthetically designed and maintained as a place of special public importance with the architectural details shown on the Conceptual Development Plan, including a tower as a focal point, cornice expressions, stepped parapet facade and expression lines, that together create a civic presence on the Proposed Site. In consideration of the development of the Proposed Site as a Civic Site, building development may not be subject to build -to line requirements or building frontage requirements. S.R. 434 Frontage Road requirements as set forth Section 20 -325 (c) (8) of the Code of Ordinances are hereby waived by mutual consent of the parties and the Charter School building shall be fronted along Hicks Avenue as shown on the Conceptual Development Plan. 5.0 Multiple Phases. The School and the City hereby acknowledge and agree that the orderly development of the Charter School and the Proposed Site is critical to the success of the overall project; and, therefore, the City has agreed to implement an expedited permit review and approval process by agreeing to issue permits in phases to correspond to the phases of development of the major components of the Charter School as follows: 5.1 The City hereby agrees that the School can simultaneously undergo aesthetic review and seek approval of its final engineering plans for the construction of the Charter School (the "Final Engineering Plans "). Subsequent to approval of the Final Engineering Plans, the School may request a pre- construction meeting after which the School can commence the horizontal site development work. 5.2 In accordance with the School's development timeline, the School may then apply for a separate permit for the construction of the foundation of the Charter School building (the "Foundation Permit "), prior to the School's submittal of final plans and specifications for the vertical construction of the Charter School and any related vertical improvements shown on the Final Engineering Plans. The School understands and agrees that the issuance of the Foundation Permit and any subsequent construction based on that permit prior to approval and issuance of building permits for the vertical construction of the Charter School will be undertaken at the sole risk of the School. Any modifications to the foundation, whether constructed or not, that are required in order to enforce the Florida Building Code and is a condition of approval of the building permit, shall be the sole financial responsibility of the School. 5.3 The School may also seek separate approval of a building permit for the vertical construction of the Charter School and any related vertical improvements shown on the Final Engineering Plans (the "Building Permit "). Development Agreement City of Winter Springs and Choices In Learning, Inc. 3 5.4 The City will separately and promptly review and process each of the applications and submissions upon receipt of same for each of theFinal Engineering Plans, Foundation Permit, and Building Permit and in accordance with the additional expedited permitting procedures set forth in Section 11.0 hereof. Once each permit is issued, the School may commence the work permitted therein, and the City will conduct timely inspections as to the components of the Charter School project permitted by each of theFinal Engineering Plans, the Foundation Permit, and the Building Permit, as applicable, and without regard to whether all remaining permits have then been issued by the City for the remainder of the work to construct the Charter School and related improvements unless any unpermitted work or improvements constitute an integral component of the work that is the subject of the inspection and without said work or improvement a complete inspection for the purpose of enforcing the Florida Building Code would not be possible. 6.0 Town Center Street Types. The following streets adjacent to the Proposed Site are hereby designated for purposes of this Agreement and complying with the Town Center District Code: 6.1 Hicks Avenue located adjacent to the northern boundary of the Proposed Site shall be designated as an Edge Drive under the Town Center Code. Both parties acknowledge that the City's Town Center Master Plan calls for the eventual connection of Hicks Drive to the future extension of Orange Avenue west of the Proposed Site. The School shall be responsible for the improvements set forth in this Section 6.1. Particularly and in furtherance of the Edge Drive designation, the School shall improve a portion of Hicks Avenue adjacent to the northern boundary of the Proposed Site by modifying the existing right -of -way ( "ROW ") and Proposed Site to include on- street parallel parking constructed within the Hicks Avenue ROW, a concrete sidewalk, and landscape buffer as required for an Edge Drive street type. The City hereby agrees that the School shall have the right to the exclusive use of the parallel parking spaces during the hours from 7:00 a.m. and 4:00 p.m., Monday through Friday, while the School is in session. The reserved parking spaces shall be available for public use when not reserved for exclusive use by the School. In addition, the parallel parking spaces located from the western edge of the Charter School building to the western edge of the Proposed Site shall be designated a "flex lane" that can be used for vehicle queuing during school drop -off and pick -up times. The School shall install "reserved parking" signs that clearly identify the parallel parking space reserve and flex lane requirements set forth in this Agreement. Upon completion of the Hicks Avenue improvements and prior to the issuance of a certificate of occupancy for the Charter School, School agrees to grant the City an easement for any portion of the landscaping and sidewalk required along Hicks Avenue that is installed outside of the Hicks Avenue ROW. Said easement shall be in form and content reasonably acceptable to the City and the School. Furthermore, the School and City desire that the existing power poles located along Hicks Avenue be removed and the related power lines installed underground by the applicable utility provider during the construction of the Project. In furtherance of this desire, the parties agree to cooperate to accomplish the removal of said poles and undergrounding of said lines to the extent feasible. However, if the School is unable to have the power poles removed and the power lines installed underground, the parties recognize that the location of the landscaping, sidewalks, and parallel parking spaces along Hicks Avenue may need to be adjusted during final engineering in order to accommodate the existing power poles and related lines. Development Agreement City of Winter Springs and Choices In Learning, Inc. 4 6.2 Central Winds Drive located adjacent to the eastern boundary of the Proposed Site shall be designated as a Town Center Street under the Town Center Code, and the School shall be responsible for the improvements set forth in this Section 6.2. In furtherance of said designation, School shall improve a portion of the Proposed Site adjacent to the western boundary of Central Winds Drive by modifying the existing right -of -way and Proposed Site to include on- street parallel parking, a concrete sidewalk, and landscape buffer as required for a Town Center Street type. However, the on -street parallel parking spaces shall not be required unless and until the School constructs a building(s) in the area identified as "Fenced Play Area" and/or "Open Park Area" on the Conceptual Development Plan. In such event, the existing street curb and adjacent landscape buffer along the western boundary of Central Winds Drive shall be removed and converted into parallel parking spaces in such a way that will allow the sidewalk to remain in place. The parallel parking spaces shall be constructed and completed in conjunction with construction of the building(s), and may be "reserved" for the School's use in the same manner as provided in Section 6.1. Upon completion of the Central Winds Drive improvements and prior to the issuance of certificate of occupancy for the Charter School, School agrees to grant the City an easement for any portion of the sidewalk and landscaping required along Central Winds Drive that is installed outside of the Central Winds Drive ROW. Said easement shall be in form and content reasonably acceptable to the City and the School. 7.0 Parking Requirements. The School agrees to design, engineer, and construct parking spaces on the Proposed Site to include a mix of paved and unpaved parking spaces, which will include the parallel on -street parking spaces within the Hicks Avenue ROW as set forth in Section 6.0 hereof and the unpaved joint use parking spaces authorized pursuant to Section 8.1 hereof. The School and the City agree that the development of the parking spaces in accordance with the Conceptual Development Plan shall meet the development demands for the proposed Charter Elementary School regarding building sizes and occupancies based on a parking analysis conducted in accordance with the Winter Springs Town Center Code. The City and the School agree that the final number of required spaces shall be determined as part of future development reviews in accordance with the approval of the School's Final Engineering Plans. The mixture of paved and unpaved spaces satisfies the relevant provisions of the Winter Springs Town Center Code, including but not limited to the parking requirements detailed in Winter Springs Town Center Code Section 20 -324 (10) enacted to discourage the "over paving of areas" and overdevelopment of impervious space. 8.0 Joint Facility Public Use. In furtherance and consideration of the Civic Site designation approved by the City Commission, the City and School agree to enter into a joint facility use agreement reasonably acceptable to the City and the School which shall include the following minimum terms and conditions: 8.1 The City will allow the School to use the City's unpaved parking facilities adjacent to Hicks Avenue for overflow parking purposes during special events held by the School at the Proposed Site. The City will also permit the School to use the Central Winds Park practice fields and picnic pavilion area for School related recreation activities for the school children attending the Charter School. Development Agreement City of Winter Springs and Choices In Learning, Inc. 5 8.2 So long as the use by the City of any of the School facilities do not jeopardize the School's existence and status as a 501(c) (3) entity, the School will provide the City the right to reasonable use of the Proposed Site and building(s) for: (i) City special event parking; (ii) meeting space for City held community meetings /workshops and Parks and Recreation Programs (e.g., program registration, umpire clinics, coaches meetings); and (iii) the City's summer camp program in accordance with any other similar agreements between the City and other property owners. 8.3 The School and the City will agree upon scheduling guidelines and procedures for the use of each other's facilities and property. The guidelines shall follow the general principle that each party shall have priority use of their own respective facilities and property, and that either party's use of the other party's facilities and property shall not cause a conflict or interfere with the other party's use of their own property. 8.4 Neither party shall charge the other party a fee for the use of their facilities and property. However, each party reserves the right to charge for reasonable out -of- pocket expenses associated with the use of each other's facilities (e.g., electricity, supplies, extraordinary labor costs for set -up and clean -up). 8.5 The term of the joint facility use agreement shall remain in effect as long as the Proposed Site maintains its Civic Site Designation, or until the parties mutually agree to terminate the joint facility use agreement. 8.6 The joint facility use agreement shall be approved and fully executed by the City and School prior to the issuance of a certificate of occupancy for the Proposed Site. In addition, the City and the School will attempt to negotiate the final terms and conditions of the joint facility use agreement during the architectural design phase of the Project so the School can reasonably take into consideration while designing the building the City's future use of the Proposed Site and building(s) pursuant to this Section 8.0. 9.0 Fencing. For recreational purposes, the School shall be permitted to install a four (4) foot high, vinyl coated, black chain -link fence around the perimeter of the "fenced play area" depicted on the Conceptual Concept Plan. However, as a condition of permitting said fence, the School shall install and maintain in good condition an opaque vegetative screen along the outer perimeter of the fence so the fence is eventually not visible from Hicks Avenue, Central Winds Drive, and S.R. 434. The type of plant material shall be approved by the City's arborist prior to planting. At time of planting or replacement of diseased, dead, or damaged vegetation, the plant material shall be a minimum of seven (7) gallon container size and at least thirty (30) inches in height. Moreover, the plant material shall be capable of growing of sufficient height and width to opaquely screen the fence no later than two years after planting. If the School discontinues the use of the play area for any reason, the School shall remove the chain -link fence within thirty (30) days of said discontinuance. Additional fencing will be agreed upon between the City and the School during the aesthetic review process. 10.0 Town Center and Central Winds Park Or School Entry Sien/Feature. Development Agreement City of Winter springs and Choices In Learning, Inc. 6 10.1 The City and the School recognize that the City may desire to install in the future a Winter Springs Town Center entry sign/feature at the northwest comer of the Proposed Site. Within thirty days of receiving a written request from the City, the School hereby agrees to grant the City an appropriate easement to permit the City to install and maintain the aforementioned sign/features including any related utilities. Said easements shall be in form and content reasonably acceptable to the City. Any entry sign/feature shall comply with applicable City Codes and be compatible with the School's Proposed Site and building(s). The City further agrees to submit the design of the entry sign/feature to the School for written approval prior to installation, which approval shall no be unreasonably denied or delayed. 10.2 The City or School may also desire to install an entrance sign/feature for Central Winds Park or the School at the southeastern comer of the Proposed Site. At such time either party determines that it is ready to design and install said entrance sign/feature, the party first initiating the entrance sign/feature agrees to provide the other party with written notice of said determination. Upon receipt of the notice, the other party shall have fifteen (15) days in which to notify the initiating party in writing whether it desires to participate in designing and installing a joint use sign/feature. In the event the other party chooses to participate, the parties agree to cooperate in designing and installing a mutually acceptable sign/feature that complies with the City's applicable City Codes. Upon agreement, each party shall bear their proportionate share of the actual cost of the sign/feature, except that the City will be responsible for installation costs and future maintenance (excluding replacement) of the entrance sign/feature. However, if the other party chooses not to participate in a joint use sign/feature, the initiating party may proceed on its own with the design and installation of the sign/feature at their sole cost. In such case, the initiating party agrees to design the entrance sign/feature so that it is in compliance with City Code and compatible with the School's Proposed Site and building(s) and Central Winds Park. In addition, if the City initiates the entrance sign/feature without the School's participation, the City further agrees to submit said design to the School for written approval prior to the installation. On the other hand, if the School initiates the entrance /sign feature without the City's participation, the City agrees to review the request promptly in accordance with applicable City Codes. The School's approval shall not be unreasonably denied or delayed. Whether the School desires to participate or not in the entrance sign/feature, the School hereby agrees to grant the City an appropriate easement to permit the City to install and maintain the aforementioned sign/features including any related utilities prior to the City's installation of the sign/feature. Said easements shall be in form and content reasonably acceptable to the City. 11.0 Expedited PermittinlL. The City agrees that the Building Department shall perform inspections on an expedited basis. The School, or its designees, will endeavor to provide the City with accurate, complete, and code compliant construction documents for review. The parties further agree to identify members of a project coordinating team including representatives from the School and the City departments reviewing the Plans and permit application, which shall meet frequently to develop and administer the Proposed Site development activity schedules and related City review and inspection schedules for purposes of resolving errors and omissions in plan documents, conflicts and disputes related to the interpretations of plan documents, and curative measures that need to be taken to expedite the project in a manner consistent with all applicable laws, codes, regulations and agreements. Development Agreement City of Winter Springs and Choices In Learning, Inc. 7 12.0 Permit Fees and Impact Fees. Pursuant to Section 553.80 (6) (b) (1) of the Florida Statutes, the City shall charge fees for the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. These fees shall be used solely for carrying out the City's responsibilities in enforcing the Florida Building Code and shall include expenses as defined in Section 553.80 (7) (a). 13.0 Representations of the Parties. The City and the School hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Development Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. This Development Agreement will, when duly executed and delivered by the City and the School and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Proposed Site in accordance with the terms and conditions of this Development Agreement. The School represents that it has voluntarily and willfully executed this Development Agreement for purposes of binding the Proposed Site to the terms and conditions set forth in this Development Agreement. 14.0 Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 15.0 Amendments. This Development Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 16.0 Entire Agreement; Exhibits. This Development Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Proposed Site and contains the entire agreement between the City and the School as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 17.0 Severability. If any provision of this Development Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Development Agreement. 18.0 Effective Date. This Development Agreement shall become effective upon approval by the City Commission and shall be the date on which the last party hereto executes this Development Agreement (the "Effective Date "). 19.0 Recordation. This Development Agreement shall be recorded in the Public Records of Seminole County, Florida. 20.0 Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and the School is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Development Agreement City of Winter Springs and Choices In Laming, Inc. 8 21.0 Sovereign Immunity. Pursuant to Florida Statutes Section 1002.33, the School shall enjoy the benefit of sovereign immunity and nothing in this Agreement shall be construed as a waiver of the doctrine of sovereign immunity as it pertains to the School. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law, As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 22.0 City's Police Power. The School agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 23.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Development Agreement and no party shall be favored or disfavored regarding the interpretation of this Development Agreement in the event of a dispute between the parties. 24.0 Third - Party Rights. This Development Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 25.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Development Agreement, each party shall bear their own attorney's fees and costs arising out of the arbitration or litigation. 26.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term or condition of this Agreement, the non - defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than ten (10) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 27.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve School or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if School is in breach of any term and condition of this Agreement. Development Agreement City of Winter Springs and Choices In Learning, Inc. 9 28.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if the School fails to receive building permits and substantially commence construction of the Charter School project within three (3) years of the Effective Date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida, and School shall lose any and all rights under this Agreement . 29.0 Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ( "Time Period ") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ( "Uncontrollable Event "), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the School and the City have each executed this Agreement on the date set forth below each signature. WITNESS: SCHOOL: CHOICES IN LEARNING, INC., a Florida not- for - profit corporation By: Print Name: Name: Title: Print Name: Date: Dcvebpment Agreement City of Winter Springs and Choices In Learning, Inc. 10 CITY: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation By: Print Name: Name: Title: Date: Print Name: • STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by , as of CHOICES IN LEARNING, INC., a Florida not - for -profit corporation, on behalf of the corporation. He /She is [ 1 personally known to me or [ 1 has produced as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of Print Name: My Commission Expires: Development Agreement City of Winter Springs and Choices In Learning, Inc. 11 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by , as of CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, on behalf of the corporation. He /She is f 1 personally known to me or f 1 has produced as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of Print Name: My Commission Expires: Development Agreement City of Winter Springs and Choices In Learning, Inc. 12 EXHIBIT "A" PROPOSED SITE Exhibit A Development Agreement City of Winter Springs and Choices In Learning, Inc. 1 EXHIBIT `B" CONCEPTUAL DEVELOPMENT PLAN Exhibit B Development Agreement City of Winter Springs and Choices In Learning, Inc. •