HomeMy WebLinkAboutTab 52 Choices in Learning Charter School.pdf1IIl—)N1fi11il I"OWN 1 INNIII11still 11111
THIS INSTRUMENT WAS PREPARED BY
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
WRYA" MOR5Et CLEM OF CIRCUIT COURT
iNDU COUNTY
07614 Pqs 0583 — SM., (4p95)
L E RK I S # 201 1084837
RD£D 08/10/2011 01:10:55 pM
rCURD
DINS FEES 35.50
ED BY J Eckenroth(all)
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("First Modification"), made and executed this I V4 day of S'vt-, 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
approval of certain requested special exceptions at a City Commission meeting duly held on
January 24, 2011;
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 I of 4
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
1 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:
f�r
++++JJJJ 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
I
1
and deemed a material part of this First Modification.
2.0 Cano ieslAwnin s. 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
i
.l 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
4.0 Building Face Expression Lines. School building expression Iines 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 (13%) 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
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:
Printed Name of Witness
U 9-
Printed Name of Witness
CHOICES IN LEARNING, INC., a Florida
snot-fax-urofit cornoration
By
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First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning, Inc.
Page 3 of 4
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STATE OF FLORIDA
COUNTY OF'C--w ir.JoI-C
The foregoing instrument was acknowledged before me this % 19 day of
2011, by f'!R Ng_f w"h� of CHOICES IN LEARNING, INC., a
Florida not -for -profit corporation, who is personally known to me or who has produced
(NOTARY SEAL)
...,• MY "FEW BNWLR
COMMISSION f EE W53
# EXPIRES: July 30.2014
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(Name typed, printed or stamped)
Notary Public, State of rtAW-, CA
Commission No.: LC 000 wS
My Commission Expires: '7I�� I4t _
CITY:
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
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By:
CARLS
Mayor
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Leaming, Inc.
Page 4 of 4
iIlilNlI1111lIitNiI!iilib11111Ulu If11"In INIII NI111R
_ — -- MARYANNE MORSE= CLERK OF CIRCUIT MMT
SEMI>+OLE C(3WY
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CLERK' S # 2010124075
"'C;CRD'l 11126/2011 011,11:58 AN
KCORDIlG FEES 154.5o
REWDED BY T Smith
THIS INSTRIMENT WAS PREPARED BY AND
SHOULD BE RETIJRNED TO:
Anthony Garganese, Esq.
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
11 l N. Orange Ave., Suite 2000
Orlando, I, 32802
(407) 425-9566
to
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c4 CHOICES IN LEARNING CHARTER SCHOOL
DEVELOPMENT AGREEMENT
THIS CHOICES IN LEARNING CHARTER SCHOOL DEVELO� NT
AGREEMENT (the "Development Agreement") is made and entered into this Z� day 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 -fir -profit corporation (the
"School"), whose address is 893 E. State Road 434, Longwood, Florida 32750.
WTTNCSSET1I:
NVHEREAS, 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 EXHIF3IT "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
WI] EltEAS, on June 14, 2010, the City Commission of the City of Wiiiter 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 Exhilhit t 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 constriction 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. Authari . 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 Conee tual 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 fiirther 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 of Winter Springs and Choices In Learning, Inc.
2
Plan. Further, the elevations and roof lines depicted in the Conceptual Development flan 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 coneurrency
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 tithes 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 Multa le 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 per.tnits 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 commcnce 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
Development Agreement
City of Winter Springs vid Choices In Learning, Inc.
3
Foundation Permit and any subsequent construction based on that permit prior to approval and
issuance of building permits ti r 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 unperm.itted 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 Tvncy. 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 I -licks 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 }:licks 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 pc", let 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
Developmeni Agreement
City of Winter Springs and Choices In Learning, Inc.
4
School, School agrees to grant the City an easement for any portion of the landscaping and
sidewalk required along flicks 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 o:f 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, tale parties recognize that the location of the landscaping, sidewalks, and
parallel parking spaces along Hicks Avenue may need to be adjusted during 'anal 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 Parlung 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 Flicks 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 th.e "over paving
of areas" and overdevelopment of impervious space.
Development Agreement
City of Winter Springs and Choices Tn Learning, Tic-
5
8.0 ,loiut 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 patty'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 'nic 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 rencing. 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 Ag-ecnieut
City of W inter Springs and Choices In Learning, Inc.
6
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 Si/Feature.
10..1 The City and the School recognize that the City may desire to install in the future
a Winter Springs "['own 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 si.gnlfeature, 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
siga/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.
7
11.0 Err edited 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 fi•equently 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 553.50 (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 act ordance with the
terms and conditions of this Development Agreement. The School represents that it has
voluntarily and wi.11iiilly 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 A areement• 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 fidly incorporated herein by this
reference.
17.0 Severahility. 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.
18.0 Effective Bate. 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 f the Parties. The relationship of the parties to this Development
Agreement is contractual and the School is an independent contractor and ]rot 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, tine 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 w.itll 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 Ci[y's Police Power. The School agrees and acknowledges that the City hereby
reserves al.l 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 Intertrretatiou. The parties hereby agree and acknowledge that they have both
participated equally hi 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 Rialits. 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 Attorne '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 Tlefriult; 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 W inter Springs and Choices in Leming, Inc.
9
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 Develo mcut 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 Terminatinn. 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 patty 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 Pa ment i.n 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/l00 Dollars ($5,000.00). Subsequent payments shall be
increased annually by -three percent (39/o) 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, which.cvcr 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 or Winter Spring and Choiccs ru Learning, Inc.
10
by this Section s.hal.l. 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:
Print N ne:uiarj-
P P int Name ML.
SCHOOL:
CHOICES I.N LEARNING, INC., a Florida
Date:
CITY:
CITY OF WINTER.SPIZMIS FLORIDA,
a Florida municipal nrItih,
�-7r
]3y: �
Name. J(ah
Title: Ma,` =` —
Date: Septemhe 1, Ztyro''�, ,::;,
Development Agreement
City of Winter Springs and Choices In Learning, hic
11
STATE OF .Ftpg, _A
COUNTY OF S F3-v► ),.m
The foregoing instrument was acknowledged before me this A— day of SE�7�mgt�z,
2010, by _ as of
CHOICES IN .LEARNING, .INC., a Florida not -for -profit corporation, on behalf of the
corporation. He/She is [,,Xj personally known to me or [ I has produced
as identification and who did (did not) take an
oath.
(Not l;&Sea1) ANDREWBMKER
* MY COMMISSION � EE OW463 ntary P l is taw of -rtio a I ll A _
EXPIRES: July 30,2014 Print Name: 'j avz'.�
evndWThmsuCgetNei Sr,*% My Commission Expires: TjL:y gip, 201LI
STATE OF f'
COUNTY OF
The foregoing ins_ lunch was acknowledged before m this day of _ c
f 2010, by ,k , as _ tD1? . of CITY
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, on behalf of the
corporation. He/She is L -4-' personally known to me or U has produced
......— as identification and who dial (did not) take an
oath.
(Notarial Sea � Pubs slip a"Frdnda J ��
? r Andrea Lofsnzo-Luaces
My CommissionDD664334 Notat l�iic, State of -lt�f j
s.0514912097 Print Name: �+]-•
My Commission Expires:
Development Agreement
City of Winter Springs and Choiecs In Luraing, Inc.
1 12
El XYMIT i°A"
PROPOSED SITE
BxhibitA
Development Agreement
City of Winter Spriop and Choices In.Leaming, Inc.
1
LEGAI, 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 SEM.INOLE COUNTY, FLORIDA,
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20, BLOCK D, RUN N 07
DEGREES 01 MINUTES 11 SECONDS W ALONG TIIE 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. 77070-261 5,DATED 12/10/1998; 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
120.001F"EET; 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 1:12.25 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
CURVE A DISTANCE OF 1.42.62 .FEET TO A POINT OF TANGENCY ON THE WESTER.I..Y
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, IIAVING 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 CiTR.V.E AND SIA.D 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-RADIAI. AND SAID NORTIERLY .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
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 TI-M FOLLOWING FIVE
(5) COURSES ALONG SAID NORTHEASTERLY RIG13'I'-OF-WAY LINE; FROM A CHORD
13EARING 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
CENTRA.I., 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 MINU TES 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.
-11 1'�2o/ 0
,rv1LLIAiv11~.. LUC -S. P. .M. N0. 5782 DATED
SHEET 2 OF 2
. . . . . . . . . .
INS:
'- lwWl e
LL
Xt
—D
EXHIBIT `B"
CONCEPTUAL DEVELOPMENT PLAN
rxhibit a
Development Agreement
City oPWinter Springs and Choices In Lairning, Inc.
I