HomeMy WebLinkAbout2022 03 28 Public Hearing 404 - Choices in Learning Inc. Amendments to Development Agreement + , PUBLIC HEARINGS AGENDA ITEM 404
CITY COMMISSION AGENDA I MARCH 28, 2022 REGULAR MEETING
TITLE
Choices in Learning, Inc. Amendments to Development Agreement
SUMMARY
The Community Development Department requests that the City Commission
hold a Public Hearing to consider two modifications to the Development
Agreement currently existing on the subject property. The proposed
modifications shall include the following;
01) Replacing the previously approved four (4) foot high black vinyl coated
chain-link fence with a six (6) foot high black vinyl coated chain-link fence
around the northern (portion of), southern (portion of), and eastern
perimeter of the property boundary, for school hardening and security
purposes
02) To construct an Electronic Message Center (EMC) to be only used for
messages directly related to the school.
Background Data:
The City and Choices in Learning, Inc. entered into a Development Agreement
(DA), dated September 16, 2010 and recorded in Official Records Book 07468,
Page 0208, Public Records of Seminole County, Florida. Section 9.0 Fencing of
the Development Agreement provides: "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 SR 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 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
1
said discontinuance. Additional fencing will be agreed upon between the City
and the School during the aesthetic review process.
On February 09, 2022, Applicant submitted its Application for Development
Agreement Modification. At this time the Applicant desires to modify the
Development Agreement to increase the maximum height of fencing
permitted on the Property from four (4) feet high to six (6) feet. The
vegetative screen surrounding the play area will remain intact. The vegetative
screen is currently approximately four (4) feet high. In addition, the fencing
around the stormwater pond next to Hicks Avenue will remain four (4) feet
high.
On February 02, 2022 the Applicant submitted an application for an Electronic
Message Center (EMC) to be only used for the school internally to announce
information related to the school. The proposed sign will not be visible from
the right-of-way. The proposed sign is 3' x 5' (tall x wide) the pedestal is 1'x' S'
(tall x wide). Per Sec. 16-82 (g) landscaping is incorporated around the base to
include low growing shrubs and ground cover and/or annuals to promote
color.
Per Sec. 16-81 (6) Upon issuance of a building permit for an EMC, the
applicant shall sign an affidavit of acknowledgement provided by the
Community Development Department on a form prepared by the City
Attorney which requires the Owner and/or user of the sign to acknowledge
the display requirements set forth in the City Code and the penalties for
failure to abide by these requirements. The proposed EMC sign meets Code
requirements.
The Development Agreement shall be amended to add the following
sections:
Section 2.0
Fencing. Notwithstanding any contrary provision limiting the height of fences
to four (4) feet in certain locations under the Agreement, the School shall be
allowed to install fences of six (6) feet in height for school hardening and
security purposes.
Section 3.0
Signage. The School shall be permitted to install an electronic message center
sign in the location shown on Exhibit C , attached hereto and incorporated
herein by this reference, and in accordance with the specifications included in
File No. (Project Number) 2022-0002.
2
Procedural History:
November 29, 2021 Fence Permit Application I Submittal (2021-4287)
February 01, 2022 Electronic Message Center (2022-0002)
February 09, 2022 Development Agreement Modification I Submittal
(DA2022-0007)
March 28, 2022 City Commission I Amend the Development Agreement with
the proposed modifications.
Applicable Law, Public Policy, and Events:
Home Rule Powers
Winter Springs Code of Ordinances
Town Center
City of Winter Springs Comprehensive Plan
RECOMMENDATION
The Community Development Department, recommends that the City
Commission approve the amendments to the Development Agreement with
the proposed modifications.
3
SUBJECT SITE
Choices in Learning, Inc.
Charter School I Pre-K through 5
1100 E. State Road 434, Winter Springs, FL 32708
Tract Size: +/- 8.69 acres
Zoning Designation: Town Center I Civic Public (CP)
FLUM Designation: Town Center
Tax Parcel ID# 26-20-30-5AR-OD00-0180
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SUBJECT PROPERTY'
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
customerserviceAwinterspringsfl.org
1 DA2022-0007 Application —Development Agreement
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the applicant.The application
shall be reviewed per all applicable City Codes and the City Comprehensive Plan. The sufficiency review shall be completed
within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant
shall move forward with the Community Workshop,required per Chanter 20—Zoning Sec.20-29.1.
All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be
heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.
Applicants are further advised that a Development Agreement is quasi-judicial in nature. Therefore,
APPLICANT ACKNOWLEDGES and AGREES, by signing below,that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by party intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Chapter 2 — Administration Sec. 2-30 of the Winter
Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Development
Agreement recommendations shall be based from the required information/documentation provided, the Winter
Springs Code of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable).
The City Commission(CC) shall render all final decisions regarding Development Agreements and may impose
reasonable conditions on any approved Development Agreement to the extent deemed necessary and relevant to
ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of
Ordinances and the Winter Springs Comprehensive Plan.
REQUIRED INFORMATION:
Applicant(s): Eua Mandell
Applicant Signature: Date:01/06/22
Mailing address: 1005 East State Road 434
Email: Erin.Mandell@choicesinlearning.org
Phone Number: 407-302-1005
Property Owner(s). Erin Mandell
Mailing Address: 1005 East State Road 434
Email: Erin.Mandell@choicesinlearning.org
Phone Number: 407-302-1005
Property Address: 1005 East State Road 434
Parcel ID(s): 32708
2019/10
Page 1 of 3
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
customerservice(c�wintersprin sg florg
Application—Development Agreement
CITY LIMITED RIGHT OF ENTRY: By submitting this Application you hereby grant temporary right of entry
for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on
the subject property.
APPLICANT'S AUTHORIZATION: I desire to make Application for a Development Agreement for the
aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a
corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of,
and bind, the corporate entity.
Applicant Name (Print).—Erin Mandell
Applicant Signature: Date:01/06/22
Business Name: Choice In earning Elementary Charter School
Address: 1005 East State Road 434 Parcel ID:32708
STATE OFFlorida COUNTY OF Seminole
Tlireforegoin �instrpm�i�t was acknowledged before me this07 day of,lanllary —, 2o22 , by
l h e who is ersonally kno to me or who has produced
as identification an i id not take an oath.
Date: (seal):
Notary Public Signature: LAURAM
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My Commission expires 1 — My COMMISSION#GG 316260
�: ��E�XPIRES:July 28,2023
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Note: The Property Owner shall sign and have their signature notarized below if the
Applicant is not the owner of the subject property.
Property Owner's Name (Print):
Property Owner Signature: N Date 0 oR 172—
STATE OF COUNTY OF S� VLIti
fore om nstrum nt s acknowled ed before s� l da of V r� 2072
g Y > by
TA(1 �11( �� who 1<:__ -ersonall to me or who s roduced
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as identification and Td. i� take an oath.
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Notary Public Signatur
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. ' EXPRZEB:Juy 26,2023
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2019/10
Page 3 of 3
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
customerserviceAwintersprin sfl org
Application—Development Agreement
Parcel Size:
Existing Use:
Future Land Use:
Zoning District: Seminole County
Community Workshop Date:
A general description of the relief sought under this division.
6ft Fencing for school safety purposes
A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the
application satisfies the relevant criteria set forth in the City Zoning Code and City Comprehensive Plan.
Compliance with school safety mandes for elementary schools that are in Seminole County.
Our current 4ft fence is not tall enough to assist with intercepting possible safety threats to our school's campus.
List all witnesses that the applicant intends to present to the City Commission to provide testimony:
Erin Mandell, Rodney Wiggins, Karen Crawford
Describe with specificity any evidence which the applicant intends to present to the City Commission, including
oral factual testimony, maps, photographs, records or reports and/or expert testimony:
Map of the perimeter where fence needs to be increased to 6ft.
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven(7) days prior to such hearing_
REQUIRED DOCUMENTATION•
• A complete Application and Fee ($1000.00 (new), $800.00 (modification to existing DA))
• An Electronic copy of the most recent survey of the subject property.
• An Electronic copy of the Legal Description of the subject property.
• Documentation and Data supporting the request.
* Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for
technical and/or professional services which may be required in connection with the review, inspection or
approval of any development(based on accounting submitted by the city's consultant),payable prior to approval
of the pertinent stage of development.
2019/10
Page 2 of 3
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney
Garganese,Weiss,D'Agresta& Salzman,P.A.
Post Office Box 2873
Orlando,Florida 32802-2873
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SECOND MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Second Modification"), made and executed this day of
, 2022, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 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.
WHEREAS, the School is the owner of certain real property legally described in Exhibit
A, attached hereto and incorporated herein by this reference; and
WHEREAS, the School and the City entered into a Binding Development Agreement
dated September 16, 2010, and recorded in the Official Records Book 7468, Page 0208, of
Seminole County, Florida, and as amended by the First Modification To Binding Development
Agreement, dated July 7, 2011, and recorded in the Official Records Book 7614, Page 583, of
Seminole County, Florida (the "Agreement")'; and
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 1 of 7
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WHEREAS, the parties desire to modify the Agreement to increase the maximum height
of fencing permitted on the Property to six (6) feet notwithstanding any contrary provision in the
Agreement and further to allow for an electronic message center sign on the Property; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement not expressly modified by this Second Modification shall remain in full force and
effect.
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 hereby incorporated herein by this reference
and deemed a material part of this Second Modification.
2.0 Fencing. Notwithstanding any contrary provision limiting the height of fences to
four (4) feet in certain locations under the Agreement, the School shall be allowed to install
fences of six (6) feet in height for school hardening and security purposes.
3.0 Signage. The School shall be permitted to install an electronic message center
sign in the location shown on Exhibit C1, attached hereto and incorporated herein by this
reference, and in accordance with the specifications included in File No. (Project Number)
2022-0002.
3.0 Recordation. This Second Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement and other development
approvals by the City for the project, which are not expressly and specifically modified by this
Second Modification shall continue to remain in full force and effect. In the event of a conflict
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 2 of 7
9
between the terms of this Second Modification and the Agreement, the terms of this Second
Modification shall prevail.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Kevin McCann, Mayor
Date:
ATTEST:
By:
Christian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs,Florida
1 Exhibit B is intentionally omitted.
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 3 of 7
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Signed, sealed and delivered in the
Presence of the following witnesses: SCHOOL:
CHOICES IN LEARNING, INC., a Florida
not-for-profit corporation
Printed Name of Witness By:
Name:
Title:
Printed Name of Witness Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2022, by , as of CHOICES IN LEARNING, INC., a
Florida not-for-profit corporation, who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Notary Public, State of
Commission No.:
My Commission Expires:
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 4 of 7
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EXHIBIT A
LEGAL D SCRUMON
A PDRTICTN OF LOTS 18, 19 AND 20,BLOCK"I}"OF D.R. MITCHELL'S SURVEY OF THE
LEVE' GRANT ON LAKE E JESSUP,AS RECORDED IN PLAT BOOK 1,FACIE 5, PUBLIC
RECORDS OF SEMINOLE COONTY,FLOWDA.
COMMENCING AT THE SOUTH WEST COPN t OF SAID LUL 24,BLOCK D,RUN N 07
DEOREES 01 MINUTES I I SECONDS W ALONG THE WEST LINE OF SAID LOT 20,BLOCK D
,A DISTANCE OF 907.49 FEET'IT)TE 1H N(lRT1 I WF-ST CORNER OF SAID LOT 20,BLOCK D,
ANT)TI IF.SOUTHERLY RICHT-OF-WAY LINE OF FORMER STATE ROAD 434 (S.R.419)
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION R OHT-OF-WA►Y MAP
SECTION NO. 77070-2615,DATED 12f 1011998;TACE RUN N 83 DEGREES 50 MJNUTE.9 23
SECONDS E ALONG SAID SOLITHERLY RIGHT-OF-WAY LrNE OF SAID F RNER STATE
ROAD 414 (SR.419)A DISTANCES OF 23.59 FEET°1"O THE POrNT SOF BECI INO;THENCE
CONf'INUE N 83 DI4GRE1E3S 50 MrNUTES 23 SECONDS E ALONG SAID S01fn MRLY RTGW-
OF-WAY LINIl A DISTANCE OF 1056,41 FRET,THENCE DEPARTING SAID SOUTHERLY
RIGHT-OF-WAY LINE RUNS 06 DEGREES 06 MINUTES 03 SECONDS B A DISTANCE OF
120.00 FF?FFT,THENCE RUN N83 DEOREES 50 MMYRS 23 SF.CONDS B A El1STAT+CE OF
75.00 FEET THENCE RUN N 06 DEGREES 06 M1NUTE_S 03 S%ECUNDS W A D15"TANCy-Oy
120.0{1 FEET TO SAM SOUTT rERLY RIGHT-QF-WAY LIME;TI ILNCE RUN N 83 TSF�GRJMS 50
fi+9MUTRS 23 SECONDS E ALONG SAID SOUTNF,RLY RTC1rHT-()F-WAY LINE A DISTANCE OF
146.49 FEET TO A POINT OF CURVATURE OF A CURVP CSA# SAID S[]Ll PHE:RLY RIGIT-OF-
WAY LINE,CONCAVE SOIJ MWE TERLY,EIAVINQ A RADIUS OF 412.25 FEET AND A
CENTRAL ANGLE OF 72 DEGREES 47 MENUT'ES 59 SECONDS;I'llENCE FROM A CHORD
BEARING OF S 59DEG FLEES 45 MKUTM 37 'SECONDS E RUN A LONG THE ARC OF SAID
CURVE A D STANCE. OF 1.42,62.FEET TO A PxOWT OF"I'ANC3LNC Y ON THE WESTERLY
RJUHT-GI"-WAY LUNE OF FORMER STATE ROAD 434(ALSO KNOWN AS SR 419);THENCE
RUN S 23 DEGREES 21 Ev1TNLTTF.S 38 SECONDS E ALONG SAIL) '4VMTE RIMY RIGHT-OF-WAY
LINES A DISTANCE OF 471.88 FEE S`TU'i RE N 01VIT1E RLL RIGHT-OF-WAY LINE 01 A
POR'nONi OF PARCEL 110 OF STATE ROAD 434,ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 77070-2615,DATED 12/10/98 AND
OFFICIAL RECORDS BOOK 2784,PAGES 1199 AND 1200 OF THE PUBLIC RE WRDS OF
SEMINCILFS COUNTY, FLORIDA-,111ENCB RUN S 66 DWREES 38 MINUTE-,S 22 SECONDS
ALON'O SAID NORTHERLY RIGHT-OF-WAY L[NR A THSTANCE OF 25.74 FERT To A POINT
OF CURVATURE OF A CURVE CONCAVE SOUTHRAS'1 Rkl-Y,HAV LNG A RADIUS OF 284.00
FM AND A C'EN'TRAL ANGLE Or 31 DEGREFS 15 141[KUT8S 12 SViCONDS;THENCE FROM
A+CHORD BFARTNG OF S 51 DEORE&S 00 MRIfUI'F.S 46 SECONDS W RCFN AlDNGTHE ARC
OF SAID CURVE AND SIAD NORTHERLY RIGHT-OF-WAY LINE Ai DISTANCE OF 152,73
FEET TO A NON-RADIAL LINE;THENCE RUN 5 79 DEGREES 04 MINUTES 32 SECONM W
ALONG;SAIL]NON-RADIAL.AND SA ED 1*f+wriImLY RIGHT-OF-WAY LINE A D TANCE OF
48.00 FEST TO THE 1*IOR'n4 STER-LLY PUCE ET oF WAY LINE OF A PORTION OF PARCEL i(Y)
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 5 of 7
12
AND SAID PARCEL 110 OF SAID STATE ROAD 434 AND A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 2815 FEET AND A CEtN--'RAL
ANGLE OF 02 DEGREES 36 M1NUTES 03 SECONDS; THF,SCF:RM THE FOLLOWINO FIVE
(5)COURSES ALONG SAID NORTHEASTMLY RIGHT-CSF-WAY LINE;FROM A CHORD
FEARING N 57 DEGREES 12 MINUTE,S 00 SECONDS W RUN AI,{3NO THE ARC: OF SAM
CURVE A DTSTANCE OF 127.78 FEET,THENCF?N 11 ITFC.iRP 29 A+fI;NLrM.S 59 SECONT)S E,
BEING A RA►J)1A1. 13E,ARIN'CY A DISTANCE OF 2.00 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE SOU"OW1 ST t,LV,HAVING A RADIUS OF 2817.04 FM:T AND A
CA7.NTRAL ANGLE OF 06 DF)GREES 15 MI 1J"T.S D2 SECONDS;7HENCT FROM A CHORD
BLAIZ NG Of N 61 DEGRM 37 MINLJTES 32 SECONDS W RUN ALONG THE ARO OF SAID
CURVE A DISTANCE OF 347.31 FEET; THENCE S 25 DEGREES 14 MINUTES 57 SECONDS''11J,
HI ENG A RADIAL R ARINO,A DTSTANCR Of 2,00 FEET TO A POINT ON A NON-TANG NI"
cuRv,2 coN AVE somwsuuy, HAVING A RADIUS OF 2815.00 F -I`AND A
CENTRAL ANGLE OF 21 DEGREES 18 MINUTES 27 SECONDS;THENCE FROM A CHORD
BEARING OF N 75DEORERS 24 MMTr S 16 SECONDS W RUN ALONG THE ARC OF SAID
CURVE A.INSTANCE OF 1046.86 FEET TO THE POINT OF BEGINNING.
C ONTAININQ 8.70 AC (378,797 SQUARE FEET)MORE OR LESS.
Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 6 of 7
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EXHIBIT C
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Second Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 7 of 7
14
FENCE Permit Number:
• PERMIT APPLICATION
City Of Winter Springs Inspection Line:
r 1y'd Building and Permitting
407-327-7596
1126 East State Road 434
Winter Springs,FL 32708 Online Inspection Request:
PHONE:407-327-5963 www.winterspringsil org/rnspections
FAX:407-327-4784 Email:customerservice@winterspringsfl.org
Owner's Name:CHOICES IN LEARNING INC Phone: 407-302-1005
Property Address: 1100 ESR 434, WINTER SPRINGS, FL 32708
Contractor Name: ALL-RITE FENCE SERVICES, INC Fax: 407-292-8550
Mailing Address: 5115 OLD WINTER GARDEN ROAD Phone: 407-295-7093
ORLANDO, FL 32811
E-mail: DANIELLE@ALLRITEFENCE.COM Homeowners Association: ❑Yes VINO
Estimated Valuation:$ 30,859.44 Type of Material/Style of Fence: BLACK VINYL COATED
CHAIN LINK
Fence Height: 6 FT Linear Feet of Fence to be Installed: 1,380 LF
Fence H (INCLUDING GATES)
IX
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6)w
Owner/Agent Signature Contractor Signature
STATE OF FLORIDA,COUNTY OF SEMI NOLE STATE OF FLORIDA,COUNTY OFSEMINOLE
The foregoing instrument was acknowledged The foregoing instrument was acknowledged
17th November NOVEMBER
Before me this day of Before me this15TH day of
2021 By_Erin Mandell _who is 20 21 By DAVID GLIDEVVELL
personal) known tome/or has produced who is personally known to me/or has produced
as identification and who did(did not)take an oath. as identification and who did(did not)take an oath.
I 4 Pym �.
\otarynIA U l Notary
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(seal) j (seal)
W COMMISSION S GG 31132W
'•: .: DANIELLE M HUYNH
EXPIRES:Jufy 28,2M �'•„ f Notary Public•State of� Florida
••.;`oF °�' B �TtW Notary Arbk Lk4wwr%,rs ': Commission 0 GG 954693
of ti. My Comm.Expires Feb 3,2024
Bonded through National Notary Assn.
The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit;understands that the issuance of
this permit creates no legal liability;expressed or implied,of the Department,municipality,Agency or Inspector;and certifies that all of
the above information is accurate.
PERMIT EXPIRATION:Permit expires 180 days from date issued unless otherwise noted below or governed by law
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15
I r GRANT MALOY, SEMINOLE COUNTY
THIS INSTRUMENT PREPARED BY: CLERK OF CIRCUIT COURT 8r COMPTROLLER
DANIELLE HUYNH CFN#2021155434 Bk:10108 Page:547(1 Pgs)
Name: DAREC: 11/29/2021 11:14:13 AM by cjones
Address: 5115 OLD WINTER GARDEN ROAD
RECORDING FEES $10.00
ORLANDO,FL 32811
NOTICE OF COMMENCEMENT
Permit Number:
Parcel ID Number: 26-20-30-5AR-OD00-0180
The undersigned hereby gives notice that improvement will be made to certain real property,and in accordance with Chapter 713, Florida Statutes,the
following information is provided in this Notice of Commencement.
1. DESCRIPTION OF PROPERTY:(Legal description of the property and street address if available)
LOTS 18-20 NLY OF NEW SR 434(LESS BEG 906FT N 7 DEG 37 MIN 44 SEC W&80FT N 83 DEG 8 MIN 55 SEC E OF S COR LOT 18 IN 36-20-30
RUN N 83 DEG 8 MIN 55 SEC E 75FT S 6 DEG 51 MIN 5 SEC E 120FT S 83 DEG 8 MIN 55 SEC W 75FT N 6 DEG 51 MIN 5 SEC W 120FT TO BEG)
BILK D.D R MITCHELLS SURVEY OF THE LEVY.GRANT.PB 1 PG 5
2. GENERAL DESCRIPTION OF IMPROVEMENT:
FENCE AND GATES
3. OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONTRACTED FOR THE IMPROVEMENT:
Name and address: CHOICES IN LEARNING INC.
Interest in property: OWNER
Fee Simple Title Holder(if other than owner listed above)Name:
Address 893 E SR 434, LONGWOOD, FL 32750-5306
li 4. CONTRACTOR: Name: ALL-RITE FENCE SERVICES, INC. Phone Number: 407-295-7093
Address:5115 OLD WINTER GARDEN ROAD ORLANDO FL 32811
5. SURETY(If applicable,a copy of the payment bond is attached):Name
Address Amount of Bond:
6. LENDER:Name. Phone Number:
Address:
7. Persons within the State of Florida Designated by Owner upon whom notice or other documents may be served as provided by Section
713.13(1)(a)7.,Florida Statutes.
Name Erin Mandell Phone Number: 407-302-1005
Address:1100 E SR 434,Winter Springs,FI 32708
8. In addition,Owner designates of
to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes.Phone number:
9. Expiration Date of Notice of Commencement(The expiration is 1 year from date of recording unless a different date is specified)
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE
CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 71313, FLORIDA STATUTES, AND CAN RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE
JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE COMMENCIN WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
Under penaltle ped ,I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and
belief.
(Signaturf of CVvner OiLeisee,or Owner's or Lessee's (Print Name and Provide Signatory's Title/Office)
Auth 'zed TScer/Director/PannerlManager)
State of Florida County of Seminole
The foregoing instrument was acknowledged before me this 17th day of November 20 21
by Erin Mandell Who is personally known to Z/OR
Name of person making statement
who has produced identification❑ type of identification produced:
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CITY O WINTER SPRINGS
COMMUNITY DEVELOP NT DEPARTMENT
1126 East State Road 434
Win er Springs,Florida 32708
1959 customers rvice winters rin sfl.or
CU2022-0002 Applica on-Conditional Use
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the opplicant.The application
shall be reviewed per Chapter 20-Zoning Sec.20-33 The sufficiency review shall be compl ted within thirty (30)
calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant shall move forward
with the Community Workshop,required per Chapter 20-Zoning Sec.20-29 1
Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the
Planning &Zoning Board(PZB) meeting at which the matter will be considered. Said notice shall not be posted
within the City right-of-way.
All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be
heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.
Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT
ACKNOWLEDGES and AGREES, by signing below,that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by party intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Chanter 2 - Administration Sec 2-30 of the Winter
Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Conditional Use
recommendations shall be based from the required information/documentation provided,the Winter Springs Code
of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable).
The City Commission(CC)shall render all final decisions regarding Conditional Uses and may impose reasonable
conditions on any approved Conditional Use to the extent deemed necessary and relevant to ensure compliance
with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter
Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the
applicable criteria as set forth in Chapter 20, Zoning. Applicants are advised that if, they decide to appeal any
decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they
will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the
proceedings is made, at their cost,which includes the testimony and evidence upon which the appeal is to be based,
per Florida Statute 286.0105.
A Conditional Use which may be granted by the City Commission shall expire two (2) years after the effective
date of such approval by the City Commission, unless a building permit based upon and incorporating the
Conditional Use, is issued by the City within said time period. Upon written request of the property owner, the
City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided
the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit
is timely issued, and the building permit subsequently expires and the subject development project is abandoned
or discontinued for a period of six months, the Conditional Use shall be deemed expired and null and void, per
Chapter 20-Sec.20-36
202oioa
Page 1 of 6
20
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Incorporate9 d
I95customerservicea)wintersprinesflore
Application— Conditional Use
REQUIRED INFORMATION•
Applicant(s): DACG,Inc. Date: 01/06/2022
Mailing address: 983 Explorer Cove,Altamonte Springs,FL 32701
Email: ksarabasa@dacginc.com
Phone Number: 407-9604032
Property Owner(s): Erin B. Mandell
Mailing Address: 1100 East State Road 434,Winter Springs,FL 32708
Email: erin.mandell@choicesinlearning.org
Phone Number: 407-302-1005
Project Name: 21050-Choices in Learning Marquee Sign
Property Address: 1100 East State Road 434,Winter Springs, FL 32708
Parcel ID(s):
Parcel Size:
Existing Use: Elementary School
Future band Use: Elementary School
Zoning District: Seminole County Public Schools
Community Workshop Date:
Conditional Use that is being requested? Installation of Marquee Sign
How is the Conditional Use (density, height, scale and intensity, hours of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions parking and traffic
generating characteristics, number of persons anticipated using, residing or working under the conditional use,
and other offsite impacts) compatible and harmonious with adjacent land uses?
T tall marquee sign that will be installed on school property
Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not?
No,the proposed installation area does not have alternate use.
2020/04 Pale 2 of 6
21
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
1ncorWrated customerserviceawinterWrin sfl org
1959
Application—Conditional Use
Demonstrate the size and shape of the site, the proposed access and internal circulation, and the design
enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use
requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers,
landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at
the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the
proposed use.
Please see correlating site plans
Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact,
employment, and property values? If no, why not?
No,it is only a sign.
Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution,
vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not?
No,it is a sign.
Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and
vistas, and loss or degradation of cultural and historic resources? If no, why not?
No,the sign will be installed on school property.
Will the proposed use have an adverse impact on public services, including water, sewer, stormwater and surface
water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and
bicycle and pedestrian facilities? If no, why not?
No,the sign will be installed on school property.
Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing
unit types and prices, and neighborhood quality? If no, why not?
No,the sign will be installed on school property.
2020/04
Page 3 of 6
22
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservicena wintersprin s� fl oriz
1959
Application—Conditional Use
Will the proposed use avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent
and surrounding lands regarding refuse collection, service delivery,parking and loading,signs,lighting,and other
sire elements? If no, why not?
Yes,all work will be done on school property.
Demonstrate that the conditional use and associated site plan have been designed to incorporate mitigative
techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
See correlating site plans
If the proposed conditional use is a residential use,whether the elementary, middle and high schools (K-12)that
will be initially assigned to the residential project by the School District at the time the city commission considers
final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to
make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and
public transportation, and quality of route environment) to the majority of the school population that will be
drawn from the project,and promote and support the integration of future residents of the project into the existing
city of Winter Springs community in a sustainable manner.
Has the applicant agreed to a binding development agreement required by city to incorporate the terms and
conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative
techniques and plans required by city code? Yes No x
List all witnesses that the applicant intends to present to the City Commission to provide testimony:
Describe with specificity any evidence which the applicant intends to present to the City Commission, including
oral factual testimony, maps, photographs, records or reports and/or expert testimony:
2020/04 Page 4 of 6 23
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(&wintersprin sg florg
1959
Application—Conditional Use
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven (7) days prior to such hearing_
REQUIRED DOCUMENTATION (PDF
A complete Application and Fee ($500.00*)
A general description of the relief sought under this division
A brief explanation, with applicable supporting competent substantial evidence and documents, as to
why the application satisfies the relevant criteria set forth in this division
A Legal Description accompanied by a certified survey or the portion of the map maintained by the
Seminole County Property Appraiser reflecting the boundaries of the subject property(to scale).
An Excel mailing list with the names and addresses of each property owner within 500 ft.of each property
line, along with the HOA Associations within 1/2 mile of each property line.
An acceptable security plan for the proposed establishment that addresses the safety and security needs
of the establishment and its users and employees and minimizes impacts on the neighborhood.
An acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than
20,000 square feet)including the hours of operation for delivery trucks to come into and exit the property
and surrounding neighborhood.
For all new commercial development and new residential subdivisions of ten(10)or more lots or existing
commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity
and requiring a modified site plan, or development agreements process under section 20-28.1 of the City
Code, or as otherwise deemed applicable by the city to relevantly and competently examine an
application for compliance with the city code and the affect and impact the proposed use will have on
neighborhood and surrounding properties, applicants shall be required to submit with the following
additional information referenced in Chanter 20—Zoning Sec.20.29 Applications (7)—(11)
* Fees are as shown above, plus actual costs incurred for advertising and/or notification, and for reimbursement
for technical and/or professional services which may be required in connection with the review, inspection or
approval of any development(based on accounting submitted by the City's consultant),payable prior to approval
of the pertinent stage of development.
CITY LIMITED RIGHT OF ENTRY: By submitting this Application you hereby grant temporary right of entry
for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on
the subject property.
APPLICANT'S AUTHORIZATION: I desire to make Application for a Conditional Use for the aforementioned
project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity,
the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind, the
corporate entity.
2020/04 Page 5 of 6
24
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
customerservice(a)winters rin sfl.or
Incorporatedp �g
1959 Application —Conditional Use
Applicant Name (Print). Katie Sarabasa
Applicant Signature: Katie Sarabasa �'1C , ( r�tcyti?(��LL Date: 01/06/2022
Business Name' DACG,Inc.
Address: 983 Explorer Cove,Altamonte Springs, FL 32701 Parcel ID:
STATE OF Florida COUNTY OF Seminole
The foregoing instrument was acknowledged before me this 6th day of January , 20 22 , by
Katie Sarabasa who i < er ally known to me or who has produced
as identification an w oft td not take an oath.
7Y�x Date: 01/06/2022
Nota Public ature: �.j�j
Notary Public State of Florida
Cynthia Jimenez
t
AV
My Commission GG 351320 (My Commission expires: 3 �? Expires07/02/2D23
Note: The Property Owner shall sign and have their signature notarized below if the
p cants not the owner of the subject property.
Property Owner's Name (Print):
�A
Property Owner Signature: r l�' Date 11
STATE OF FL COUNTY OF cJQVt n 0 t
Th regoing 'Mtrjjmen acknowledged bka
e day of 20� by
� Ana who is onally kno to me or who has produced
as identificatiol -i 1 not take an oath.
7Y Date: �� 22 (seal):
Notary Public Signatue:
My Commission expires: — MVAK A9 M
a GIS.w7�=
:WKA
71h111��P�1�I�IMI�f
2020,04 Page 6 of 6
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lllll lining gloom IrIN 11111
NtaRYMW MtIRS CLEW OF CIRCUIT COURT
INOLE COUNTY
07614 P4S 05U - 586; (4p9s)
LERK"S 0 201108,4837
D 08/1012011 01:10:55 PH
INB FEES 35.50
THIS INSTRUMENT WAS PREPARED BY OPM BY J Eckenroth(all)
AND SHOULD BE RETURNED TO:
Kimberly Romano Kopp,Esquire
Brown,Garganese,Weiss&D'Agresta,P.A.
Post Office Box 2873
Orlando,Florida 32802-2873
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("First Modification"), made and executed this 't 174 day of �'v�y , 2011, by
and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 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.
WHEREAS, School and the City entered into a Binding Development Agreement dated
September 16, 2010, and recorded in Official Records Book 7468, Page 0208, of Seminole
County,Florida(the"Agreement")'; and
WHEREAS, the parties desire to modify the Agreement to memorialize the City's
i
approval of certain requested special exceptions at a City Commission meeting duly held on
January 24,2011;
i
WHEREAS, the parties desire to modify the Agreement to allow canopy and awning
heights to be less than ten feet above adjacent sidewalks; and
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 1 of 4
40
WHEREAS,the parties desire to modify the Agreement to allow for a black vinyl-coated
chain link fence to be located on the Hicks Avenue side of an open wet retention pond;and
WHEREAS, the parties desire to modify the Agreement to allow building face
expression lines to be located below the second floor windows;and
WHEREAS, the parties desire to modify the Agreement to allows less than fifteen
percent transparent glazing for windows on the north elevation of the building; and
WHEREAS,the parties desire to modify the Agreement to permit larger corner curb radii
to accommodate fire truck turning; and
WHEREAS,the parties acknowledge and agree that all other terms and conditions of the
Agreement not expressly modified by this First Modification shall remain in full force and effect.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties mutually agree as follows:
:k
IN
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
i
and deemed a material part of this First Modification.
2.0 Canopies/Awnings. School may install canopies and awnings at nine (9) foot
elevations above the sidewalk, provided that the School does not install signage under the
canopies or awnings.
3.0 Black Vinyl-Coated Chain Link Fence. School may install a four (4) foot high,
black vinyl-coated chain link fence on the Hicks Avenue side of the wet retention pond. Such
fencing shall be compatible with the fencing used at the adjacent Dog Park on Hicks Avenue and
at Central Winds Park. 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 that the fence is eventually not visible from Hicks Avenue.
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 2 of 4
41
4.0 Building Face Expression Lines. School building expression lines may be located
below the second floor window in lieu of at the division between the first and second floors.
5.0 Corner Curb radii. Corner curb radii of greater than fifteen(15) feet is permitted
(40',25' and 22').
6.0 Window Glazing,, at North Elevation. Thirteen percent (131/o) transparent glass is
permitted at the north elevation of the building.
7.0 Recordation. This First Modification shall be recorded in the public records of
Seminole County,Florida,and shall run with the land.
8.0 Miscellaneous. All terms and conditions of the Agreement and other development
approvals by the City for the project, which are not expressly and specifically modified by this
First Modification shall continue to remain in full force and effect. In the event of a conflict
j between the terms of this First Modification and the Agreement, the terms of this First
Modification shall prevail.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed,sealed and delivered in the
Presence of the following witnesses: SCHOOL:
CHOICES IN LEARNING,INC., a Florida
not-fo -profit corporatio
Printe Name of Witness By: L
C
kk-
Name:
1
Title' ) X, , 10
Printed Name of Witness
Date: `
i
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning,Inc.
Page 3 of 4
42
STATE OF FLORIDA
COUNTY OF S�+r-opt
The foregoing instrument was acknowledged before me this 7� day of Tj L�y ,
20112 by Eich,E MtjZ,,,e,-as S`ftMitwM.i of CHOICES IN LEARNING, INC., a
Florida not-for-profit corporation, who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
Not Pu lic mature
otPRY Pie`/, ANDREW BARKER J
a ' * MY COMMISSION#EE 000453
* EXPIRES:July 30,2014
"N", F fl�v Bonded TW Budget Notary Semces (Name typed,printed or stamped)
Notary Public, State of-'tri pA
CommissionNo.: C4F 000,vS3
My Commission Expires: '?T.s l iq
CITY:
ATTES
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By
LORENZO-LUACES
rt
ityC
1er1 :` By:
e
.� ' < C ES A
(City�t Mayor
„�. •. `y'"'i! :,, _mss'
fill
First Modification to Binding Development Agreement
City of winter Springs and Choices En Learning,Inc.
Page 4 of 4
43
1ll��liiltal��ll���1I11l1ll�lI�11�I�lH �11��
IARYANNE NORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
llli 07468 Rgs OM o 2,051 4i8pgs1
CLERK" S # 2010124077
RECORDED 10/M110.010 09132:59 IN
RECORDING FEES 154.50
RECOIRDED BY T Wth
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
r
CHOICES IN LEARNING CHARTER SCHOOL
DEVELOPMENT AGREEMENT
THIS CHOICES IN LEARNING CHARTER SCHOOL DEVELOT ENT
AGREEMENT (the "Development Agreement") is made and entered into this of
September, 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
44
r
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 "B" 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; School Hours of Operation.
3.1 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 concerns 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
Development Agreement
City ofwinter Springs and Choices In Learning,Inc.
2
45
Plan. Further, the elevations and roof lines depicted in the Conceptual Development Plan for the
school building may have to be adjusted to 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 final 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.
3.2 For purposes of satisfying the City's traffic and parking concurrency
concerns during normal school days, the School doors shall open for school drop-off no earlier
than 8:15 A.M., and the School start time shall be no earlier than 8:45 A.M; except, however,
these times shall not apply to the School's extended care program. The School's normal
dismissal time shall be no earlier than 3:15 P.M., except on early dismissal days when the
dismissal time shall be no earlier than 2:15 P.M. The City and the School may temporarily or
permanently adjust the aforementioned hours of operation during the term of this Agreement by
a written side letter of agreement mutually agreeable to the parties. Any such side letter of
agreement shall be subject to all other terms and conditions of this Agreement.
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 fagade 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
Developtnen t Agreement
City of Winter Springs and Choices In Learning,Tnc.
3
46
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").
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
Developi=tit Agreement
City of winter Springs and Choices in Learning,tnc.
4
47
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.
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.
Development Agreement
City of winter Springs and Choices In Learning,Inc_
S
48
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.
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 setup and clean-up).
9.5 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
Development Agreement
City of Winter Springs and Choices In Learing,Lie.
6
49
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.
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 corner 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 not 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 corner 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.
Development Agreement
City of Winter Springs and Choices In Learning,Inc.
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11.0 Expedited Permitting. 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.
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.
Development Agreement
City of Winter Springs and Choices in Learning,Inc.
51
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").
1.9.0 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.
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,
Development Agreement
City of Winter Springs and Choices in Leaming,Inc.
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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.
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 Majeure. 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.
30.0 Payment in Lieu of Taxes. The parties acknowledge that as a 501(c)(3)
corporation and public school, the School is currently exempt from paying City ad valorem
taxes. The parties further acknowledge that the School will need, and the City will be providing,
general City services to the Property that are ordinarily paid for through the payment of ad
valorem taxes including, but not limited to, police services. Notwithstanding this exemption, the
School desires to voluntarily make an annual payment in lieu of taxes to the City. Said payment
shall be made annually commencing on November 1, 2011 and every year thereafter. The initial
payment shall be Five Thousand and No/100 Dollars ($5,000.00). Subsequent payments shall be
increased annually by three percent (3%) or the percentage change in the Consumer Price Index
(CPI) for all urban consumers, U.S. city average, all items 1967 =100 or successor reports for the
preceding calendar year as initially reported by the U.S. Department of Labor, Bureau of Labor
Statistics, whichever is less. in the event that the Property becomes fully subject to ad valorem
taxes like any other commercial parcel of land in the City, the payment in lieu of taxes required
Development Agreement
City of Winter Springs and Choices Tn Learning,Inc.
10
53
by this Section shall cease. Nothing contained in this Agreement shall be construed as
exempting the School from any taxes, assessments, or fees unless expressly provided by law.
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- rafit corporation
By:
Print Name: r_�" Name:
Title: A
Print Nam r M �¢ L�` Date: 91V10
CITY- x
CITY OF WINTER-SPINUS,,f,LORIDA,
a Florida munici al or ti ,,.
ky
JD
By.
s
Name- Jolaxr=jk. " sh a E
Print Na e: Cc Title: Ma ,off"
Date. Septemba ,Ary n_VTQ
P int Name: i3 L. (, U
Development Agreement
City of Winter Springs and Choices In Learning,Inc.
1�
54
STATE OF FL-oizI nA
COUNTY OF S Em i>oa-E
The foregoing instrument was acknowledged before me this _day of W ,
2010, by as of
CHOICES IN LEARNING, INC., a Florida not-for-profit corporation, on behalf of the
corporation. He/She is V personally known to me or U has produced
as identification and who did (did not)take an
oath.
(Notgo4,Seal)
ao _ •� ANDREW BARKER
HE
MY COMMISSION E£OOa453 otary P lie tate of FLO a i
* * ,i1
EXPIRES:July 30,2014 Print Name: �PJ A,4Ww &A-P -
sr°)''WELe`OT
Bonded Thmt3adgetNotary Sertices My Commission Expires: T„Z,y -Qy2cig
STATE OF
COUNTY OF � �
The foregoing instrumen �l►
was acknowledged before m this t--day of +i
2010, bytk` `. �� -- as 7�L. of CITY
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, on behalf of the
corporation. He/She is �=� personally known to me or U has produced
as identification and who did (did not) take an
oath.
(Notarial ex pyo,„ Ivta ry i'ublic State of Florida
Andrea Lorenzo-Luaces
' Nota , blic $tate of j
l4ty Commission DD664334 '
g0;E4�4 Ex fires 05/0912011 Print Name:
My Commission Expires: lqju
Development Agreement
City of Winter Springs and Choices In Learning,Inc.
12
55
EXHIBIT "A"
PROPOSED SITE
i
Exh ibit A
Development Agreement
City of Winter Springs and Choices In Learning,Inc.
56
LEGAL DESCRIPTION
A PORTION OF LOTS 18, 19 AND 20,BLOCK"D"OF D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP,AS RECORDED IN PLAT BOOK 1,PAGE 5,PUBLIC
RECORDS OF SEMINOLE COUNTY,FLORIDA.
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20, BLOCK D,RUN N 07
DEGREES 01 MINUTES 11 SECONDS W ALONG THE WEST LINE OF SAID LOT 20, BLOCK D
A DISTANCE OF 907.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 20, BLOCK D,
AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FORMER STATE ROAD 434 (S.R. 419)
ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP
SECTION NO. 77070-2615,DATED 1211011998; THENCE RUN N 83 DEGREES 50 MINUTES 23
SECONDS E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SAID FORNER STATE
ROAD 434 (S.R. 419)A DISTANCE OF 23.59 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE N 83 DEGREES 50 MINUTES 23 SECONDS E ALONG SAID SOUTHERLY RIGHT-
OF-WAY LINE A DISTANCE OF 1056.41 FEET; THENCE DEPARTING SAID SOUTHERLY
RIGHT-OF-WAY LINE RUN S 06 DEGREES 06 MINUTES 03 SECONDS E A DISTANCE OF
120.00 FEET; THENCE RUN N83 DEGREES 50 MINUTES 23 SECONDS E A DISTANCE OF
75.00 FEET; THENCE RUN N 06 DEGREES 06 MINUTES 03 SECONDS W A DISTANCE OF
120.00 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE RUN N 83 DEGREES 50
MINUTES 23 SECONDS E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
146.49 FEET TO A POINT OF CURVATURE OF A CURVE ON SAID SOUTHERLY RIGHT-OF-
WAY LINE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 112.25 FEET AND A
CENTRAL ANGLE OF 72 DEGREES 47 MINUTES 59 SECONDS; THENCE FROM A CHORD
BEARING OF S 59DEGREES 45 MINUTES 37 SECONDS E RUN ALONG THE ARC OF SAID
j CURVE A DISTANCE OF 142.62 FEET TO A POINT OF TANGENCY ON THE WESTERLY
RIGHT-OF-WAY LINE OF FORMER STATE ROAD 434 (ALSO KNOWN AS S.R. 419); THENCE
RUN S 23 DEGREES 21 MINUTES 38 SECONDS E ALONG SAID WESTERLY RIGHT-OF-WAY
LINE A DISTANCE OF 471.88 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF A
PORTION OF PARCEL 110 OF STATE ROAD 434,ACCORDING TO FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 77070-2615,DATED 12/10/98 AND
OFFICIAL RECORDS BOOK 2784,PAGES 1199 AND 1200 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA;THENCE RUN S 66 DEGREES 38 MINUTES 22 SECONDS W
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 25.74 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 280.00
FEET AND A CENTRAL ANGLE OF 31 DEGREES 15 MINUTES 12 SECONDS; THENCE FROM
A CHORD BEARING OF S 51 DEGREES 00 MINUTES 46 SECONDS W RUN ALONG THE ARC
OF SAID CURVE AND SIAD NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 152.73
FEET TO A NON-RADIAL LINE; THENCE RUN S 79 DEGREES 04 MINUTES 32 SECONDS W
ALONG SAID NON-RADIAL AND SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
48.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF A PORTION OF PARCEL 109
SHEET 1 OF 2
57
AND SAID PARCEL 110 OF SAID STATE ROAD 434 AND A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2815 FEET AND A CENTRAL
ANGLE OF 02 DEGREES 36 MINUTES 03 SECONDS; THENCE RUN THE FOLLOWING FIVE
(5) COURSES ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE; FROM A CHORD
BEARING N 57 DEGREES 12 MINUTES 00 SECONDS W RUN ALONG THE ARC OF SAID
CURVE A DISTANCE OF 127.78 FEET; THENCE N 31 DEGREES 29 MINUTES 59 SECONDS E,
BEING A RADIAL BEARING A DISTANCE OF 2.00 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2817.00 FEET AND A
CENTRAL ANGLE OF 06 DEGREES 15 MINUTES 02 SECONDS; THENCE FROM A CHORD
BEARING OF N 61 DEGREES 37 MINUTES 32 SECONDS W RUN ALONG THE ARC OF SAID
CURVE A DISTANCE OF 307.31 FEET; THENCE S 25 DEGREES 14 MMTES 57 SECONDS W,
BEING A RADIAL BEARING, A DISTANCE OF 2.00 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2815.00 FEET AND A
CENTRAL ANGLE OF 21 DEGREES 18 MINUTES 27 SECONDS; THENCE FROM A CHORD
BEARING OF N 75 DEGREES 24 MINUTES 16 SECONDS W RUN ALONG THE ARC OF SAID
CURVE A DISTANCE OF 1046.86 FEET TO THE POINT OF BEGINNING,
CONTAINING 8,70 ACRES (378,797 SQUARE FEET)MORE OR LESS.
Y
0 0
w LLIAM L. LUCAS, P. .M.NO. 5782 DATED
SHEET 2 OF 2
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EXHIBIT `B"
CONCEPTUAL DEVELOPMENT PLAN
Exhibit B
Development Agreement
City of Winter Springs and Choices In Learning,Inc.
1
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