HomeMy WebLinkAbout2010 08 23 Regular 600 Development Agreement For Charter School Within The Town Center COMMISSION AGENDA
Consent
Informational
ITEM 600 Public Hearing
Regular X
August 23, 2010 r 1
Meeting gr. / • - . t
Authorization
REQUEST: The Community Development Department requests the Commission consider the
proposed development agreement for a 50,000 square foot (SF) 2 -story charter school on an 8.7
acre crescent - shaped site within the Town Center.
SYNOPSIS: Section 20 -323 (a) of the City Code lists schools as a permitted use within the
Town Center. Section 20 -324 (9) of the City Code provides for the designation of certain sites
having special public importance to be designated as "civic sites (item 602, on June 14, 2010).
The special exception process for a building footprint larger than 20,000 SF was approved on
July 12, 2010. This is the development agreement (DA), to memorialize the commitments and
waivers identified through and beyond the civic site designation, special exception, and
conceptual site plan approvals. It is understood that the DA may need to be modified with the
subsequent site plan and /or aesthetic review.
CONSIDERATIONS:
LAND USE, ZONING DESIGNATION, ETC.:
Zoning: Town Center
Future Land Use Designation: Town Center
APPLICABLE REGULATIONS:
Florida Statutes
Comprehensive Plan
City Code
Conditions of approval from the concept plan
August 23, 2010
Regular Item 600
Page 2
BACKGROUND AND OVERVIEW:
The vegetated 8.7 acre site is strategically located along the north side of SR 434, at the western-
most terminus of the Town Center, where two (2) important [visual] terminating vistas along SR
434 meet. It is also bounded by the Cross Seminole Trail, Central Winds Park, the Hound
Ground Park, and the high school. Across SR 434 is Heritage Park. The applicant is doing "due
diligence" to purchase the site for a 50,000 S.F., 2 -story, charter elementary school for
approximately 450 - 650 students (to relocate the existing Choices in Learning Elementary
School from Longwood; most students are projected to live within 6 miles).
The famous planner, Clarence Perry, known as the "father of the neighborhood unit," considered
the ideal neighborhood to be located around an elementary school. Children from Heritage Park,
Jesup's Reserve, Avery Park, Parkstone, Winding Hollow, Stone Gable, and the homes along
Orange Avenue would be within biking, or in some cases walking, distance of the school.
Artesian Park, Sonesta Pointe, and Jesup's Landing, when they develop, would also be within
easy biking and walking distance. Although a charter school is not a neighborhood school, it can
have a number of the same functions and interactions with the community, including, for
example, sharing facilities with the City Parks Department and a place for after school and
summer events — including shared facility uses with the City.
The site is subject to the Town Center provisions of the comprehensive plan (Future Land Use
Element) and the Town Center Code (sections 20 -320 thru 20 -327 of the City Code). Section
163.3194, Florida Statutes, requires any development approved or undertaken by a local
government to be consistent with the comprehensive plan (i.e. no waivers are allowed from the
comp plan requirements). Staff believes, however, that state law may exempt public schools
from aesthetic and building requirements, unless agreed to in a legal document, such as a
development agreement. Pertinent Town Center issues include, but are not limited to ensuring
the provision of prominent public architecture at the terminating vistas (from both east and west,
as well as from the intersection of the trail and Central Winds Parkway - primarily the view from
east -bound SR 434), designing the site (as well as the building) to project properly onto SR 434,
the interaction between a school on this site with the adjacent trail and park, proper parking
provisions, traffic, and shared use of school and City facilities.
The site has readily accessible City water and sanitary sewer service. There is a 6 inch sanitary
force main and a 12 inch potable water main in the adjacent Central Winds Parkway, east of the
site.
Topics included in the development agreement, include, but are not necessarily limited to, the
following:
• civic site designation;
• adjacent on- street parking;
• multiple phases;
• minimizing on -site parking and stacking (and the view from SR 434);
• site orientation toward the park and the trail (as indicated in the approved concept plan);
• properly addressing the terminating vistas with significant architecture, site design,
hardscape, and landscaping;
August 23, 2010
Regular Item 600
Page 3
• signage ;
• fencing;
• aesthetic Town Center architecture controls;
• waiving the frontage road along SR 434; and
• joint use of facilities (parking for each entity's special events, City use of large indoor
assembly area(s), possible shared signage, and outdoor active and passive recreation
areas).
COMPREHENSIVE PLAN REQUIREMENTS:
Future Land Use Element:
The following goals, objectives, and policies from the Future Land Use Element of the City's
comprehensive plan are most pertinent to development of this site as a school:
Objective 1.11 Public Schools. The City shall implement standards for the siting of public schools to
increase the quality of life and local educational opportunities for its citizens.
Goal 2. Town Center. The City seeks to create a Town Center based upon traditional design standards
for development that will become the identifying focus of the City's downtown and contribute to an
increased and diversified tax base for the City. The primary purpose of the Town Center shall be to
create an economically successful, vibrant, aesthetic, compact, multimodal, diverse, mixed use (including
horizontal and vertical integration of uses) neo- traditional urban environment, designed on a pedestrian
scale and with a pedestrian orientation. The Town Center is to be a place where people can reside in a
mix of single and multiple family dwellings, work, gather to shop, relax, recreate, be entertained, attend
community events, and enjoy the natural beauty of lands located in the Town Center. The Town Center
should be created through public and private investment and development.
Policy 2.2.1: Neo- Traditional Characteristics. Encourage a mixed use higher density/intensity neo-
traditional Town Center, utilizing, to the extent practical, the fundamentals and urban design concepts in
the Town Center Master Plan:
• Urban and high density
• Walkable community
• Predictability in design /flexibility in land uses.
• Visibly different section of S.R. 434
• Important sites for special public places
• "Green network" of parks and preserved open spaces
• Connected network of streets and blocks
• Special public spaces of defined character
• Special sites for civic buildings
• Pedestrian sized blocks
Nongated developments
Policy 2.2.2: Variety of Places. Promote and permit a variety of places to gather, shop, relax, recreate
and enjoy the natural beauty of the Town Center. Choose sites for public spaces because of their
uniqueness or existing physical features.
August 23, 2010
Regular Item 600
Page 4
Policy 2.2.4: Mixed Uses. Permit a variety of mixed uses consistent, compatible, and in harmony with
the Town Center Goal, including single family residential, multiple family residential, commercial retail
and services, public services and buildings, parks, and schools, through the enactment of creative and
flexible land development regulations.
Policy 2.3.6: High Quality Development. Ensure high - quality building and development that enhances
the image and economic well -being of the City and the Town Center.
Policy 5.2.3: Public Areas within the Town Center. Incorporate pedestrian nodes, such as plazas, parks,
squares, gardens, courtyards, or other public green space areas.
Policy 5.2.6: Pedestrian - Friendly Site Design. Promote pedestrian gathering and circulation by requiring
all of the following:
• Safe and convenient pedestrian connection to commercial shop fronts from rear parking
areas. Connection might be by public sidewalk or through plazas, courtyards, vias, or
corridors;
• Transit stops which are well connected to pedestrian circulation systems and include
shelter from the elements and sitting areas;
• Sidewalks that are a minimum of 12' wide along in front of commercial shop fronts and
are a minimum of 6' wide in all other areas;
• Provisions for immediate shade along streets by inclusion of larger caliper shade trees,
expanded awnings or colonnades for commercial shop fronts, and /or other means;
• Pedestrian lighting and subdued night lighting of display windows and building interiors
along street frontages;
• Room -sized areas of occupiable space (as defined in Florida Building Code, Chapter 2)
along street frontages in commercial shop fronts with entrances at the same grade as the
sidewalk; and
• Streetscape design as set forth in the Town Center District Code.
Policy 5.2.7: General Design of Individual Developments within the Urban Central Business District.
Require all development within the UCBD to comply with the Town Center Goal and Town Center
District Code. Require development to include diversity in detailing and style while maintaining
aesthetic harmony and buildings to include at least two stories. Ancillary buildings may be excluded from
the two story minimum by action of the City Commission.
Public Schools Facilities Element:
The following pertinent goal and policies are located within the City's Public School Facilities
Element of the Comprehensive Plan:
Policy 1.6.2: Co Location and Community Focal Point. Encourage to the extent feasible, the co- location
of new school sites with appropriate City facilities, recognizing that new schools are an essential
component in creating a sense of community. Encourage, through the development review process, the
location of new school sites so they may serve as community focal points. Enter into an interlocal
agreement with the School Board where co- location takes place, to address shared uses of facilities,
maintenance costs, vehicular and bicycle parking, supervision and liability issues, among other concerns.
August 23, 2010
Regular Item 600
Page 5
GOAL 1: Provide Quality Education. As a basic tenet of community life, it is the goal of the City to
contribute to and maintain a high quality public school environment.
Objective 1.6: Ensuring Compatibility with Surrounding Land Uses, Encouraging Co - location with
Appropriate City Facilities, Location in Proximity to Residential Areas to be Served and Function as a
Community Focal Point. The City shall ensure compatibility of school facilities with surrounding land
use through the development review process and shall encourage, to the extent feasible, co- location of
new schools with compatible City facilities, and the location of school facilities to serve as community
focal points.
Policy 1.7.1: Maximizing Efficiency of Infrastructure. Seek to maximize efficient use of existing
infrastructure and avoid sprawl development by identifying future school sites that take advantage of
existing and planned roads, potable water, sanitary sewer, parks, and drainage systems, during
participation in the future school site identification process detailed in the 2007 ILA.
Policy 1.3.2: Site Sizes and Co location in the City. Work with the School District to identify sites for
future educational facilities that meet the minimum standards of the School Board where possible and
which are consistent with the provisions of the City's Comprehensive Plan. Support the School Board in
efforts to use standards more appropriate to a built urban environment, when the size of available sites
does not meet the minimum School Board standards. Work with the School Board to achieve co- location
of schools with City facilities, to the extent feasible, as a solution to the problem of lack of sufficiently
sized sites.
Recreation & Open Space Element:
The following supporting policy is from the Recreation and Open Space Element of the City's
comprehensive plan:
Policy 1.7.3: Continue coordination with the Seminole County School Board, to allow the use of school
board facilities by the general public. Parks and schools shall be collocated to the extent possible to
optimize the shared use of facilities. (Cross Reference: See Future Land Use Element, Policy 1.11.9)
Fiscal Impact Objective & Policies:
The following comprehensive plan, Future Land Use Element, objective and policies address the
fiscal impact of a development:
Policy 2.1.3: Promote and Protect. Maintain a leadership position to protect the economic and planning
integrity of the Town Center and promote public and private investment and growth therein.
Objective 2.3 Economic Development. Plan and promote sufficient economic growth and development
that provides for an appropriate balance of high - quality land uses, development and activities that will
provide a sound financial future for the City.
Policy 2.3.3: Optimization of Tax Base. Ensure compatible land uses and development projects within
the Town Center that optimally increase and diversify the City's tax base and economic well- being, while
complementing and protecting established surrounding neighborhoods.
Policy 2.3.4: Fiscal Impacts of Development. Ensure that City policies, regulations, and decision making
processes not only consider Town Center design planning impacts, but also consider whether proposed
new development will have a positive and acceptable economic impact on the City. In furtherance of this
policy, the City Commission may require, as a condition of considering the approval or denial of a
August 23, 2010
Regular Item 600
Page 6
development project, that developers provide a written economic fiscal impact report, prepared by a duly
qualified expert that details the associated fiscal impacts of any proposed new development project on
the City and the School District.
STRATEGIC PLAN:
The Winter Springs Strategic Plan identified the Town Center as both a strength and an
opportunity (other strengths include neighborhoods and planning). Goals and objectives
included promoting a sense of community and aggressively completing the vision for the Town
Center. The plan also listed community treasures as including the Town Center, schools, family
atmosphere, walkable community, upscale atmosphere and enforced standards, and high stable
property values. While the strategic plan is not legally binding, it embodies and projects the
values, spirit, and visions of the future of the City's citizens and business owners.
MAY 14, 2010 CHARETTE /WORKSHOP:
On May 14, 2010, Victor Dover (Dover Kohl & Partners, the City's Town Center consultant)
provided a charette for the site (the applicant agreed to pay the cost) with the applicant and City
staff. The following are the highlights of his comments and advice for designation as a civic site
and subsequent development as a charter school in the Town Center:
1. The Commission should consider determining this to be a Civic Site (Sec. 20 -324 (9) and
have a document to memorialize the designation, subject to commitments from the applicant.
[staff suggested perhaps a development agreement would be appropriate] The site could be
conditionally determined to be a civic site, so that if the land deal fell apart, it could still be
developed for commercial or residential purposes.
2. The prominence of the site allows opportunity as a gateway to the Town Center and will alert
drivers traveling eastbound, that they are entering a different portion of the City.
3. The building should have a prominent vertical feature as a focal point at the tangent of the
prominent east -bound and west -bound terminating vistas. Due to the 2 story height and its
location in important terminating vistas, the building should be located as far west (toward
Parkstone) as possible, to make it appear large and prominent.
4. In an urban setting, where land is scarce and valuable, a vertically sloped and fenced pond
can be an acceptable amenity (e.g. a reflecting pond; an urban water edge), incorporating
appropriate fencing (e.g. the pond behind City Hall). Consider off -site retention possibilities
and options (e.g. the enclave property to the west) and other alternatives (some underground).
5. The student drop -off area needs to not look like a parking lot.
6. Parking determination should be made on the side of not over - paving. The objective is to
strike the correct balance and to have a plan "B" for special events which might be a shared
parking solution (with Winter Springs High School or Central Winds Park).
August 23, 2010
Regular Item 600
Page 7
7. To keep the 434 side from looking like a parking lot, it should be designed for the cars to
park among the trees (a site that will look good when the cars are not there and not bad when
they are).
8. Perimeter fencing should look like an extension of the architecture. Conceal as much of the
perimeter fence aspossible in the trees and landscaping — with attractive vistas in thru the
vegetation [There was discussion of a fence possibly incorporating masonry footer, base, and
columns and imitation wrought iron pickets and of how chain link is prohibited in the Town
Center] .
9. The complete site needs to be considered, including buildings, fences, parking, and other
features, as they will appear/be seen from the intersection of the Cross Seminole Trail and
Old 434.
10. Signage should complement the site. Instead of a monument sign, consider a monument with
signage. There are a lot of signage options in the town center code. Do not look at the
monument sign out front or the clock towers to emulate [there was discussion of building
mounted signage, including signage projecting from the roof].
11. If the applicant were seeking LEED status, provision of a small school brings LEED ND
(neighborhood) points.
FISCAL IMPACT:
Development of the site as a school would remove the property from the tax rolls. The Urban
Land Institute notes that neighborhood schools are a primary consideration for many home
buyers and are often a significant factor in residential development demand and sales price. If
parents patronize local merchants, while waiting for their children, and the school incorporates
local dance, martial arts, or music classes, these could be an additional significant positive effect
on the local economy. Please see the attachment, which addresses the history and economics
of the school.
The potential tax revenue for the property has been accessed for both a residential as well as a
commercial development scenario. Since the property, if used as a charter school, would be
removed from the tax rolls, the City Commission needs to be aware of the potential for lost tax
revenue when considering designation of the property as a civic site and when entertaining any
statements from the applicant relative to ancillary revenues as a result of the location of the
school.
Tax revenue scenarios are as follows:
• The undeveloped property currently pays $20, 643 in property taxes; the City receives
a little more than $5,000 of this amount.
• Townhomes (76 units), as proposed in a 2006 design submittal
Units (1,200 square feet) — assessed at $90 /square foot: $8,208,000
August 23, 2010
Regular Item 600
Page 8
$8,208,000/1000 = 8208
8,208 (2.5814) = $21,188.13
$21,188.13 (less the 4% statutory discount) = $20,340.61 tax revenue
• Commercial (floor area ratio of 20 %)
8.7 acres (43,560 square feet) = 378,972 square feet
FAR of 20% = 75,794 square feet of commercial development
75,794 square feet assessed at $105 /square foot = $7,958,412
$7,958,412/1000 = 7,958.41
7,958.41 (2.5814) - $20,543.84
$20,543.84 (less the 4% statutory discount) = $19,722.09 tax revenue
The tax revenue estimates for the residential and the commercial scenarios would be added
to the tax revenue for the vacant property, thereby generating total property tax revenues
of approximately $25,340 for the residential scenario and $24,722 for the commercial
scenario.
COMMUNICATION EFFORTS:
A sign at the site and mailing to abutting property owners was provided for the public hearing for
the associated special exception. The Commission Agenda has been posted on the bulletin board
outside City Hall, on the City's electronic sign; the agenda is electronically posted according to
the City Clerk's procedure.
RECOMMENDATION:
Staff recommends that the City Commission approve the draft development agreement.
ATTACHMENTS:
A Location map
B Dover Kohl memo
C Concept plan
D History and economic report
E Draft development agreement
ATTACHMENT A
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ATTACHMENT B
DOVER, KOHL & PARTNERS
t o w n p l a n n i n g
Memorandum
To: Randy Stevenson, John Baker
City of Winter Springs
Cc: Victor Dover
From: James Dougherty
Date: June 4, 2010
Subject: Elementary Charter School: On- Street Parking Considerations
The Charter School proposed for the western end of the Winter Springs Town Center
has the potential to be very contributive to the sense of place and vitality of the
overall Town Center. Substantial progress was made during the May 14, 2010
meeting with the applicant, where revisions to the site plan were discussed to
enhance the Charter School's physical civic presence and contribution to the
walkability of the surrounding urban fabric.
Discussion continues regarding the inclusion of on- street parking on streets
surrounding the Charter School. Examination of precedents for in -town urban
elementary schools may be helpful, demonstrating that on- street parking has
substantial benefits. Benefits of on- street parking adjacent to schools include:
1. Reduction of need for on -site parking lots — Adjacent on- street parking, when
dedicated for school use during key school hours, offsets the need for on -site
spaces in a parking lot. Reduction of the site area dedicated to parking lots is
very useful when attempting to design a site plan with multiple high quality
`presentation faces'. The Winter Springs Charter School has just such a site.
The parcel is constrained in size and shape making parking lots and other
back -of -house items difficult to shield from street frontages. Parking lots
between a building face and the adjacent street should be avoided whenever
possible when creating walkable streets as envisioned for the Winter Springs
Town Center.
2. Traffic calming — On- street parking is one of the very best tools available to
urban designers when configuring streets to slow the travel speed of cars.
On- street parking, like other elements of spatial containment such as street
trees and street - oriented buildings, provides `visual friction'. When a
vehicular travel lane is dimensionally constrained by visible objects, drivers
are compelled to travel more slowly. Slowing vehicular traffic in this manner
is especially critical in areas where children are expected to be present.
Winter Springs Town Center
Elementary Charter School: on- street parking
June 4, 2010
Page 2 of 6
3. Protection for pedestrians — On- street parking, like regularly- spaced street
trees, functions as a physical barrier between the sidewalk and vehicular
travel lanes. This leads to increased comfort and safety for pedestrians.
Attached are images of two Florida precedents for elementary schools embedded
within walkable neighborhoods. Both feature adjacent streets with on- street parking.
Celebration School K -8, Celebration, FL
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This view shows the school facility configured to provide high quality street
frontages on multiple sides. The main front entrance of the facility faces the
triangular green in the foreground of the photo. Parking, loading facilities and other
back -of -house items are screened from view from streets and public spaces. Other
street - oriented uses, including rowhouses and apartments, face the school facility
across traffic- calmed streets. On- street parallel parking features prominently on
these surrounding streets. This parking provides traffic- calming, and reduces the
school's need for on -lot parking to only a small rear parking lot. In the back right
corner of the photo, space - efficient bus drop -offs can be seen located between the
sidewalk and the face of the building.
Winter Springs Town Center
Elementary Charter School: on- street parking
June 4, 2010
Page 3 of 6
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This zoomed -in view clearly shows on- street parking adjacent to the school.
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This view, looking the opposite direction, shows the school's close walkable
proximity to the heart of Celebration's mixed -use town center.
Winter Springs Town Center
Elementary Charter School: on- street parking
June 4, 2010
Page 4 of 6
Riviera Day School, Coral Gables, FL
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Riviera Day School, a private elementary school, sits at the center of this image. It
is comprised of the buildings around the visible swimming pool and basketball
court, and also the courtyard building to their right. The school is embedded within
the Riviera neighborhood visible on the left half of the image, and downtown South
Miami on the right side of the image. The school faces the public Riviera Park
(under construction in this image). The school is integrated completely within the
walkable neighborhood fabric. It is surrounded on multiple sides by traffic- calmed
tree -lined streets with on- street parking.
Winter Springs Town Center
Elementary Charter School: on- street parking
June 4, 2010
Page 5 of 6
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Signs restrict on- street parking to Riviera Day School use only during pick -up dines.
Winter Springs Town Center
Elementary Charter School: on- street parking
June 4, 2010
Page 6 of 6
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The streets around the Riviera Day School feature metered on- street diagonal
parking. This parking is available to the public most of the time, but is restricted to
school use only during key school times. Also prominent in this image is the fence
defining the edge of the school grounds from the public sidewalk.
Residential parking permits do not take effect on adjacent on- street parking spaces
until after school hours, allowing an efficient sharing of parking between the school
and its neighbors.
ELEMENTARY CHARTER SCHOOL
• WINTER SPRINGS, FLORIDA
PROJECT DATA '
BUILDING BLDG. AREA (SF) R Q 'D. PARKING PROVIDED PARKING PARKING CALL. PRIMARY HIERARCHY: > I
CHARTER SCHOOL (TWO- STORY) 50,000 SF 71 57 PAVED 1 PER STAFF (65 EST.) CENTRAL WINDS PARK - _,, ->i .-c) Yt _ --
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AAC000233 2010.016 05.21.10
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AAC000233 2010.016 05.27.10
ATTACHMENT D
History
Choices in Learning was organized in 2000 and opened for school in 2001. The School
has been managed and run successfully for 9 full school years.
Choices in Learning received a 15 year Charter from SCPS.
Choices in Learning consistently is an A rated School
Choices in Learning is a high performing public school that has Board of Directors that is
responsible for the operation of the School. The Board of Directors is a combination of
parents and local business people in the community. They have dealt very effectively
with numerous challenges throughout the years such as hiring and firing Principals, the
unexpected death of another principal in mid -year, the unfortunate death of 3 children
while in the care of a dysfunctional parent, and relocation of the school in order to meet
the demand. The School has solid leadership.
Money and Economics
Financial Overview of the School 2009 -2010
• 2009 -2010 operating budget was $3.6 million
• Payroll and associated taxes was $2.0 million
• Revenue for procured services is $1.6 million
• 45 employees
• Most of the employees have 4 year degrees, some have masters degrees
• Finish the 2009 -2010 year at least $450,000 in the black.
• $1,350,000 of cash in the bank as of April 30, 2010.
• Finish the business year with $1,150,000 after modular expenses.
• No debt
Projected financial information of the School in 2011 -2012
• Projected operating budget will be $5.1 million
• Payroll and associated taxes will be $2.46 million
• Debt payment on new facility will be $700,000
• 60 employees (creation of 15 new jobs)
• Cash in the bank will grow steadily from today forward even with facility
payment.
Controls and Responsibility
The School is audited every year by a 3 Party CPA. The last three Annual Audit
Reports that were recorded in Tallahassee are included on the disk. Please contact the
auditor and check us out — James Moore and Company out of Daytona is the CPA firm.
Audits have always been very positive and the corrective recommendations noted by the
Auditors become part of the SOP.
The School employees a full-time business manager that oversees all of the daily
accounting and procurement activities. School also has an independent CPA review our
books each month.
The Board ensures the School runs in a fiscally responsible manner.
The Project
Choices in Learning has a solid financial position.
The project will be funded with permanent financing through bond issue. The IDA
granted approval May 19, 2010
The overall Project Value (land, design and construction, FF &E) is expected to be $8.5
million.
Debt Service Coverage Ratio remains well above 1.1 and cash in the bank will in excess
of seven figures.
Path Moving Forward
Concept Approval
Special Exception
Development Agreement
Start Designing
ATTACHMENT E
THIS INSTRUMENT WAS PREPARED BY AND
SHOULD BE RETURNED TO:
Anthony Garganese, Esq.
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave., Suite 2000
Orlando, FL 32802
(407) 425 -9566
CHOICES IN LEARNING CHARTER SCHOOL
DEVELOPMENT AGREEMENT
THIS CHOICES IN LEARNING CHARTER SCHOOL DEVELOPMENT
AGREEMENT (the "Development Agreement ") is made and entered into this day of
August, 2010, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (the "City "), whose address is 1126 East State Road 434, Winter Springs, Florida
32708, and CHOICES IN LEARNING INC., a Florida not -for - profit corporation (the
"School "), whose address is 893 E. State Road 434, Longwood, Florida 32750.
WITNESSETH:
WHEREAS, the School represents to the City that it has the contract right to acquire
approximately 8.7 acres of real property, located within the zoning district known as the Winter
Springs Town Center, which real property is more particularly described in EXHIBIT "A",
attached hereto and fully incorporated herein by this reference (the "Proposed Site "); and
WHEREAS, the School intends to develop the Proposed Site as a charter school for
grades Pre -K through 5 (the "Charter School ") in accordance with the City's Comprehensive
Plan and City Code; and
WHEREAS, on June 14, 2010, the City Commission of the City of Winter Springs,
Florida (the "City Commission "), unanimously voted that the Proposed Site shall be designated a
Civic Site within the Winter Springs Town Center, subject to conditions and provisions of the
City's Town Center Code and provided that the School and the City will work in good faith to
develop and memorialize in writing the mutual expectations of the City and the School regarding
the development of the Proposed Site as set forth below in this Development Agreement; and
WHEREAS, on June 28, 2010, pursuant to Section 20- 321(c)(1)(c), City Code, the City
Commission, acting in its capacity as the Development Review Committee, preliminarily
approved a special exception to allow a building footprint greater than 20,000 square feet as
prescribed in Section 20- 324(12) of the Code (the "Special Exception "), subject to the execution
of this Development Agreement; and
WHEREAS, on July 12, 2010, the City Commission granted final approval of the
aforesaid special exception, subject to the execution of this Development Agreement; and
WHEREAS, on June 28, 2010, pursuant to Section 20- 321(b)(3) of the Code, the City
Commission approved the Conceptual Development Plan, attached hereto as Exhibit "8" and
incorporated by reference (the "Conceptual Development Plan"), subject to the execution of this
Development Agreement; and
WHEREAS, the City and the School desire to set forth the following special terms and
conditions with respect to the proposed development and construction of the Charter School on
the Proposed Site.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0. Authority. This Development Agreement is entered into pursuant to the Florida
Municipal Home Rule Powers Act and Section 20 -321 (d) of the Code.
3.0. Approval of Conceptual Development Plan. The School shall design, permit
and construct a "school" on the Property that creates a civic site, as described in Section 20-
324(9) of the Code and Section 4.0 of this Agreement, within the City's Town Center. The
Charter School development project shall consist of a 2 -story elementary school including grades
Pre-K through 5, with a range between 45,000 square feet and 55,000 square feet, as well as
appropriate parking, vehicle queuing area, on -site traffic operations, bus drop -off area,
recreational areas, and areas for future expansion. School acknowledges that aesthetic
enhancements and establishing a civic site are a paramount public concern to the City and the
residents of Winter Springs; and as such, School agrees to reasonably and adequately address
these concems during the design and construction of the Project. The City hereby acknowledges
and agrees that the Conceptual Development Plan is acceptable; provided, however, School shall
have the obligation to further submit and obtain the City's approval of a final site plan and final
engineering plans. School shall also have the obligation to construct aesthetic enhancements to
the Project as depicted in the Conceptual Development Plan and as may be reasonably requested
by the City in accordance with the City Code, particularly the City's aesthetic review ordinance.
School acknowledges and agrees that the Conceptual Development Plan was not prepared with
specific surveyed dimensions and that during the final site plan and final engineering process
such dimensions shall be surveyed, duly engineered, and provided to the City in substantial
compliance with the Conceptual Development Plan. Further, the elevations and roof lines
depicted in the Conceptual Development Plan for the school building may have to be adjusted to
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
2
the City's satisfaction in order to comply with the requirements under the City's aesthetic review
ordinance. As such, School and the City agree that the Conceptual Development Plan is
intended to be conceptual in nature and subject to reasonable adjustments at the fmal site plan
and final engineering phase in order to bring the Project into compliance with the City Code and
the needs of the Town Center Civic Site designation.
4.0 Civic Site. In accordance with the City Commission's designation of the
Proposed Site as a Civic Site, as described in Section 20- 324(9) of the City Code and pursuant to
the terms and conditions of this Development Agreement, the Proposed Site shall be aesthetically
designed and maintained as a place of special public importance with the architectural details
shown on the Conceptual Development Plan, including a tower as a focal point, cornice
expressions, stepped parapet facade and expression lines, that together create a civic presence on
the Proposed Site. In consideration of the development of the Proposed Site as a Civic Site,
building development may not be subject to build -to line requirements or building frontage
requirements. S.R. 434 Frontage Road requirements as set forth Section 20 -325 (c) (8) of the
Code of Ordinances are hereby waived by mutual consent of the parties and the Charter School
building shall be fronted along Hicks Avenue as shown on the Conceptual Development Plan.
5.0 Multiple Phases. The School and the City hereby acknowledge and agree that
the orderly development of the Charter School and the Proposed Site is critical to the success of
the overall project; and, therefore, the City has agreed to implement an expedited permit review
and approval process by agreeing to issue permits in phases to correspond to the phases of
development of the major components of the Charter School as follows:
5.1 The City hereby agrees that the School can simultaneously undergo aesthetic
review and seek approval of its final engineering plans for the construction of the Charter School
(the "Final Engineering Plans "). Subsequent to approval of the Final Engineering Plans, the
School may request a pre- construction meeting after which the School can commence the
horizontal site development work.
5.2 In accordance with the School's development timeline, the School may then
apply for a separate permit for the construction of the foundation of the Charter School building
(the "Foundation Permit "), prior to the School's submittal of final plans and specifications for
the vertical construction of the Charter School and any related vertical improvements shown on
the Final Engineering Plans. The School understands and agrees that the issuance of the
Foundation Permit and any subsequent construction based on that permit prior to approval and
issuance of building permits for the vertical construction of the Charter School will be
undertaken at the sole risk of the School. Any modifications to the foundation, whether
constructed or not, that are required in order to enforce the Florida Building Code and is a
condition of approval of the building permit, shall be the sole financial responsibility of the
School.
5.3 The School may also seek separate approval of a building permit for the
vertical construction of the Charter School and any related vertical improvements shown on the
Final Engineering Plans (the "Building Permit ").
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
3
5.4 The City will separately and promptly review and process each of the
applications and submissions upon receipt of same for each of theFinal Engineering Plans,
Foundation Permit, and Building Permit and in accordance with the additional expedited
permitting procedures set forth in Section 11.0 hereof. Once each permit is issued, the School
may commence the work permitted therein, and the City will conduct timely inspections as to the
components of the Charter School project permitted by each of theFinal Engineering Plans, the
Foundation Permit, and the Building Permit, as applicable, and without regard to whether all
remaining permits have then been issued by the City for the remainder of the work to construct
the Charter School and related improvements unless any unpermitted work or improvements
constitute an integral component of the work that is the subject of the inspection and without said
work or improvement a complete inspection for the purpose of enforcing the Florida Building
Code would not be possible.
6.0 Town Center Street Types. The following streets adjacent to the Proposed Site
are hereby designated for purposes of this Agreement and complying with the Town Center
District Code:
6.1 Hicks Avenue located adjacent to the northern boundary of the Proposed
Site shall be designated as an Edge Drive under the Town Center Code. Both parties
acknowledge that the City's Town Center Master Plan calls for the eventual connection of Hicks
Drive to the future extension of Orange Avenue west of the Proposed Site. The School shall be
responsible for the improvements set forth in this Section 6.1. Particularly and in furtherance of
the Edge Drive designation, the School shall improve a portion of Hicks Avenue adjacent to the
northern boundary of the Proposed Site by modifying the existing right -of -way ( "ROW ") and
Proposed Site to include on- street parallel parking constructed within the Hicks Avenue ROW, a
concrete sidewalk, and landscape buffer as required for an Edge Drive street type. The City
hereby agrees that the School shall have the right to the exclusive use of the parallel parking
spaces during the hours from 7:00 a.m. and 4:00 p.m., Monday through Friday, while the School
is in session. The reserved parking spaces shall be available for public use when not reserved for
exclusive use by the School. In addition, the parallel parking spaces located from the western
edge of the Charter School building to the western edge of the Proposed Site shall be designated
a "flex lane" that can be used for vehicle queuing during school drop -off and pick -up times. The
School shall install "reserved parking" signs that clearly identify the parallel parking space
reserve and flex lane requirements set forth in this Agreement. Upon completion of the Hicks
Avenue improvements and prior to the issuance of a certificate of occupancy for the Charter
School, School agrees to grant the City an easement for any portion of the landscaping and
sidewalk required along Hicks Avenue that is installed outside of the Hicks Avenue ROW. Said
easement shall be in form and content reasonably acceptable to the City and the School.
Furthermore, the School and City desire that the existing power poles located along Hicks
Avenue be removed and the related power lines installed underground by the applicable utility
provider during the construction of the Project. In furtherance of this desire, the parties agree to
cooperate to accomplish the removal of said poles and undergrounding of said lines to the extent
feasible. However, if the School is unable to have the power poles removed and the power lines
installed underground, the parties recognize that the location of the landscaping, sidewalks, and
parallel parking spaces along Hicks Avenue may need to be adjusted during final engineering in
order to accommodate the existing power poles and related lines.
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
4
6.2 Central Winds Drive located adjacent to the eastern boundary of the
Proposed Site shall be designated as a Town Center Street under the Town Center Code, and the
School shall be responsible for the improvements set forth in this Section 6.2. In furtherance of
said designation, School shall improve a portion of the Proposed Site adjacent to the western
boundary of Central Winds Drive by modifying the existing right -of -way and Proposed Site to
include on- street parallel parking, a concrete sidewalk, and landscape buffer as required for a
Town Center Street type. However, the on -street parallel parking spaces shall not be required
unless and until the School constructs a building(s) in the area identified as "Fenced Play Area"
and/or "Open Park Area" on the Conceptual Development Plan. In such event, the existing street
curb and adjacent landscape buffer along the western boundary of Central Winds Drive shall be
removed and converted into parallel parking spaces in such a way that will allow the sidewalk to
remain in place. The parallel parking spaces shall be constructed and completed in conjunction
with construction of the building(s), and may be "reserved" for the School's use in the same
manner as provided in Section 6.1. Upon completion of the Central Winds Drive improvements
and prior to the issuance of certificate of occupancy for the Charter School, School agrees to
grant the City an easement for any portion of the sidewalk and landscaping required along
Central Winds Drive that is installed outside of the Central Winds Drive ROW. Said easement
shall be in form and content reasonably acceptable to the City and the School.
7.0 Parking Requirements. The School agrees to design, engineer, and construct
parking spaces on the Proposed Site to include a mix of paved and unpaved parking spaces,
which will include the parallel on -street parking spaces within the Hicks Avenue ROW as set
forth in Section 6.0 hereof and the unpaved joint use parking spaces authorized pursuant to
Section 8.1 hereof. The School and the City agree that the development of the parking spaces in
accordance with the Conceptual Development Plan shall meet the development demands for the
proposed Charter Elementary School regarding building sizes and occupancies based on a
parking analysis conducted in accordance with the Winter Springs Town Center Code. The City
and the School agree that the final number of required spaces shall be determined as part of
future development reviews in accordance with the approval of the School's Final Engineering
Plans. The mixture of paved and unpaved spaces satisfies the relevant provisions of the Winter
Springs Town Center Code, including but not limited to the parking requirements detailed in
Winter Springs Town Center Code Section 20 -324 (10) enacted to discourage the "over paving
of areas" and overdevelopment of impervious space.
8.0 Joint Facility Public Use. In furtherance and consideration of the Civic Site
designation approved by the City Commission, the City and School agree to enter into a joint
facility use agreement reasonably acceptable to the City and the School which shall include the
following minimum terms and conditions:
8.1 The City will allow the School to use the City's unpaved parking facilities
adjacent to Hicks Avenue for overflow parking purposes during special events held by the
School at the Proposed Site. The City will also permit the School to use the Central Winds Park
practice fields and picnic pavilion area for School related recreation activities for the school
children attending the Charter School.
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
5
8.2 So long as the use by the City of any of the School facilities do not
jeopardize the School's existence and status as a 501(c) (3) entity, the School will provide the
City the right to reasonable use of the Proposed Site and building(s) for: (i) City special event
parking; (ii) meeting space for City held community meetings /workshops and Parks and
Recreation Programs (e.g., program registration, umpire clinics, coaches meetings); and (iii) the
City's summer camp program in accordance with any other similar agreements between the City
and other property owners.
8.3 The School and the City will agree upon scheduling guidelines and
procedures for the use of each other's facilities and property. The guidelines shall follow the
general principle that each party shall have priority use of their own respective facilities and
property, and that either party's use of the other party's facilities and property shall not cause a
conflict or interfere with the other party's use of their own property.
8.4 Neither party shall charge the other party a fee for the use of their facilities
and property. However, each party reserves the right to charge for reasonable out -of- pocket
expenses associated with the use of each other's facilities (e.g., electricity, supplies,
extraordinary labor costs for set -up and clean -up).
8.5 The term of the joint facility use agreement shall remain in effect as long
as the Proposed Site maintains its Civic Site Designation, or until the parties mutually agree to
terminate the joint facility use agreement.
8.6 The joint facility use agreement shall be approved and fully executed by
the City and School prior to the issuance of a certificate of occupancy for the Proposed Site.
In addition, the City and the School will attempt to negotiate the final terms and
conditions of the joint facility use agreement during the architectural design phase of the Project
so the School can reasonably take into consideration while designing the building the City's
future use of the Proposed Site and building(s) pursuant to this Section 8.0.
9.0 Fencing. For recreational purposes, the School shall be permitted to install a
four (4) foot high, vinyl coated, black chain -link fence around the perimeter of the "fenced play
area" depicted on the Conceptual Concept Plan. However, as a condition of permitting said
fence, the School shall install and maintain in good condition an opaque vegetative screen along
the outer perimeter of the fence so the fence is eventually not visible from Hicks Avenue, Central
Winds Drive, and S.R. 434. The type of plant material shall be approved by the City's arborist
prior to planting. At time of planting or replacement of diseased, dead, or damaged vegetation,
the plant material shall be a minimum of seven (7) gallon container size and at least thirty (30)
inches in height. Moreover, the plant material shall be capable of growing of sufficient height
and width to opaquely screen the fence no later than two years after planting. If the School
discontinues the use of the play area for any reason, the School shall remove the chain -link fence
within thirty (30) days of said discontinuance. Additional fencing will be agreed upon between
the City and the School during the aesthetic review process.
10.0 Town Center and Central Winds Park Or School Entry Sien/Feature.
Development Agreement
City of Winter springs and Choices In Learning, Inc.
6
10.1 The City and the School recognize that the City may desire to install in the future
a Winter Springs Town Center entry sign/feature at the northwest comer of the Proposed Site.
Within thirty days of receiving a written request from the City, the School hereby agrees to grant
the City an appropriate easement to permit the City to install and maintain the aforementioned
sign/features including any related utilities. Said easements shall be in form and content
reasonably acceptable to the City. Any entry sign/feature shall comply with applicable City
Codes and be compatible with the School's Proposed Site and building(s). The City further
agrees to submit the design of the entry sign/feature to the School for written approval prior to
installation, which approval shall no be unreasonably denied or delayed.
10.2 The City or School may also desire to install an entrance sign/feature for Central
Winds Park or the School at the southeastern comer of the Proposed Site. At such time either
party determines that it is ready to design and install said entrance sign/feature, the party first
initiating the entrance sign/feature agrees to provide the other party with written notice of said
determination. Upon receipt of the notice, the other party shall have fifteen (15) days in which to
notify the initiating party in writing whether it desires to participate in designing and installing a
joint use sign/feature. In the event the other party chooses to participate, the parties agree to
cooperate in designing and installing a mutually acceptable sign/feature that complies with the
City's applicable City Codes. Upon agreement, each party shall bear their proportionate share of
the actual cost of the sign/feature, except that the City will be responsible for installation costs
and future maintenance (excluding replacement) of the entrance sign/feature. However, if the
other party chooses not to participate in a joint use sign/feature, the initiating party may proceed
on its own with the design and installation of the sign/feature at their sole cost. In such case, the
initiating party agrees to design the entrance sign/feature so that it is in compliance with City
Code and compatible with the School's Proposed Site and building(s) and Central Winds Park.
In addition, if the City initiates the entrance sign/feature without the School's participation, the
City further agrees to submit said design to the School for written approval prior to the
installation. On the other hand, if the School initiates the entrance /sign feature without the City's
participation, the City agrees to review the request promptly in accordance with applicable City
Codes. The School's approval shall not be unreasonably denied or delayed. Whether the School
desires to participate or not in the entrance sign/feature, the School hereby agrees to grant the
City an appropriate easement to permit the City to install and maintain the aforementioned
sign/features including any related utilities prior to the City's installation of the sign/feature.
Said easements shall be in form and content reasonably acceptable to the City.
11.0 Expedited PermittinlL. The City agrees that the Building Department shall
perform inspections on an expedited basis. The School, or its designees, will endeavor to provide
the City with accurate, complete, and code compliant construction documents for review. The
parties further agree to identify members of a project coordinating team including representatives
from the School and the City departments reviewing the Plans and permit application, which
shall meet frequently to develop and administer the Proposed Site development activity
schedules and related City review and inspection schedules for purposes of resolving errors and
omissions in plan documents, conflicts and disputes related to the interpretations of plan
documents, and curative measures that need to be taken to expedite the project in a manner
consistent with all applicable laws, codes, regulations and agreements.
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
7
12.0 Permit Fees and Impact Fees. Pursuant to Section 553.80 (6) (b) (1) of the
Florida Statutes, the City shall charge fees for the actual labor and administrative costs incurred
for plans review and inspections to ensure compliance with the code. These fees shall be used
solely for carrying out the City's responsibilities in enforcing the Florida Building Code and
shall include expenses as defined in Section 553.80 (7) (a).
13.0 Representations of the Parties. The City and the School hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Development Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Development Agreement. This
Development Agreement will, when duly executed and delivered by the City and the School and
recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding
obligation enforceable against the parties hereto and the Proposed Site in accordance with the
terms and conditions of this Development Agreement. The School represents that it has
voluntarily and willfully executed this Development Agreement for purposes of binding the
Proposed Site to the terms and conditions set forth in this Development Agreement.
14.0 Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
15.0 Amendments. This Development Agreement shall not be modified or amended
except by written agreement duly executed by both parties hereto (or their successors or assigns)
and approved by the City Commission.
16.0 Entire Agreement; Exhibits. This Development Agreement and all attached
exhibits hereto supersedes any other agreement, oral or written, regarding the Proposed Site and
contains the entire agreement between the City and the School as to the subject matter hereof.
The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this
reference.
17.0 Severability. If any provision of this Development Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this Development
Agreement.
18.0 Effective Date. This Development Agreement shall become effective upon
approval by the City Commission and shall be the date on which the last party hereto executes
this Development Agreement (the "Effective Date ").
19.0 Recordation. This Development Agreement shall be recorded in the Public
Records of Seminole County, Florida.
20.0 Relationship of the Parties. The relationship of the parties to this Development
Agreement is contractual and the School is an independent contractor and not an agent of the
City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship
between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner, which would indicate any such relationship with the other.
Development Agreement
City of Winter Springs and Choices In Laming, Inc.
8
21.0 Sovereign Immunity. Pursuant to Florida Statutes Section 1002.33, the School
shall enjoy the benefit of sovereign immunity and nothing in this Agreement shall be construed
as a waiver of the doctrine of sovereign immunity as it pertains to the School. Notwithstanding
any other provision set forth in this Agreement, nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other
limitations imposed on the City's potential liability under state or federal law, As such, the City
shall not be liable, under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to
any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of two hundred thousand dollars ($200,000.00).
22.0 City's Police Power. The School agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Development
Agreement be construed as the City bargaining away or surrendering its police powers.
23.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Development Agreement and no party shall be favored
or disfavored regarding the interpretation of this Development Agreement in the event of a
dispute between the parties.
24.0 Third - Party Rights. This Development Agreement is not a third -party
beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third
party.
25.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Development Agreement, each party shall bear their own attorney's fees and costs arising
out of the arbitration or litigation.
26.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term or condition of this Agreement, the non - defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than ten (10) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
27.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve School or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if
School is in breach of any term and condition of this Agreement.
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
9
28.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if the School fails to receive building
permits and substantially commence construction of the Charter School project within three (3)
years of the Effective Date of this Agreement. If the City terminates this Agreement, the City
shall record a notice of termination in the public records of Seminole County, Florida, and
School shall lose any and all rights under this Agreement .
29.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ( "Time Period ")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ( "Uncontrollable Event "), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
IN WITNESS WHEREOF, the School and the City have each executed this Agreement
on the date set forth below each signature.
WITNESS: SCHOOL:
CHOICES IN LEARNING, INC., a Florida
not- for - profit corporation
By:
Print Name: Name:
Title:
Print Name: Date:
Dcvebpment Agreement
City of Winter Springs and Choices In Learning, Inc.
10
CITY:
CITY OF WINTER SPRINGS, FLORIDA,
a Florida municipal corporation
By:
Print Name: Name:
Title:
Date:
Print Name:
•
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2010, by , as of
CHOICES IN LEARNING, INC., a Florida not - for -profit corporation, on behalf of the
corporation. He /She is [ 1 personally known to me or [ 1 has produced
as identification and who did (did not) take an
oath.
(Notarial Seal)
Notary Public, State of
Print Name:
My Commission Expires:
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
11
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2010, by , as of CITY
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, on behalf of the
corporation. He /She is f 1 personally known to me or f 1 has produced
as identification and who did (did not) take an
oath.
(Notarial Seal)
Notary Public, State of
Print Name:
My Commission Expires:
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
12
EXHIBIT "A"
PROPOSED SITE
Exhibit A
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
1
EXHIBIT `B"
CONCEPTUAL DEVELOPMENT PLAN
Exhibit B
Development Agreement
City of Winter Springs and Choices In Learning, Inc.
•