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HomeMy WebLinkAbout2011 10 24 Regular 600 Choices in Learning Charter School Development Agreement 2010 CITY COMMISSION AGENDA Consent Informational ITEM 600 Public Hearing Regular X October 24, 2011 Mgr. / Dept Meeting Authorization REQUEST: The Community Development Department requests the City Commission review the information presented in this agenda item and consider the proposed Joint Facilities Use Agreement between the Choices in Learning Charter School and the City of Winter Springs. SYNOPSIS: The purpose of this agenda item is for the City Commission to consider the attached Joint Use Agreement which governs the shared use of buildings, grounds, and other facilities between the City of Winter Springs and the Choices in Learning (CIL) Charter School. The Joint Use Agreement being presented for Commission consideration is in fulfillment of Section 8 of the Development Agreement approved on September 13, 2010 by the City Commission between the City and the CIL Charter School. The Joint Use Agreement presented as part of this agenda item has been a collaborative effort between the CIL Board, the City Attorney, and City staff (Parks & Recreation, Police, and Community Development) and represents mutually negotiated processes, dates, and events associated with joint use of the respective School and City facilities. CONSIDERATIONS: LAND USE, ZONING DESIGNATION, ETC.: Zoning: Town Center Future Land Use Designation: Town Center APPLICABLE REGULATIONS & OTHER CONTROLING FACTORS: Florida Statutes Comprehensive Plan Chapter 9, City Code Chapter 20, City Code Civic Site designation October 24, 2011 City Commission Regular Item 600 Page 2 Special Exception for large footprint building Development Agreement BACKGROUND AND OVERVIEW: The school 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 paw park to the north, and the high school to the east. Across SR 434, to the south, is Heritage Park and its associated 1.6 acre undeveloped commercial site. The existing Development Agreement between the City and the CIL Charter School designated the school site a “civic site” as allowed under the Winter Springs Town Center Code. The Development Agreement also provided that, as a “civic site” the CIL Charter School and the City would negotiate and enter into a joint facilities use agreement for purposes of sharing certain facilities which were deemed beneficial to the school children and the public. The attached agreement is the product of those negotiations. FINDINGS OF FACT: 1.The 8.7 acre Choices in Learning charter school site is within the City of Winter Springs. The site has a Town Center Future Land Use designation and zoning. 2.Subsection 20-323 (a) of the City Code of Ordinances lists schools as a permitted use within the Town Center. 3.Subsection 20-324 (9) of the City Code of Ordinances provides for the designation of certain sites having special importance as “civic sites.” The City Commission designated this as a civic site on June 14, 2010 (with conditions). 4.The Commission approved the concept plan on June 28, 2010 5.The Commission approved the special exception for a large footprint building (footprint larger than 20,000 SF) on July 12, 2010. 6.The Commission approved the development agreement (DA) on September 13, 2010 (the DA was recorded October 26, 2010). 7.The Recorded DA provided that the CIL Charter School and the City would negotiate and enter into a joint facilities use agreement for purposes of sharing certain facilities which were deemed beneficial to the school children and the public. FISCAL IMPACT: By facilitating the joint use of existing facilities between the City and the CIL Charter School, the soft costs associated with coordinating and running certain City events should be lessened. Having the events at the school facility presents a more efficient use of staff time. Joist use of the facilities also affords the City an opportunity to have additional events (e.g. school security training) at no extra cost to the City. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The October 24, 2011 City Commission Regular Item 600 Page 3 Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends that the City Commission approve the proposed Joint Facilities Use Agreement, subject to a final review by the City Attorney, and authorize the City manager and City Attorney to finalize and execute all applicable documents. ATTACHMENTS: A Joint Facilities Use Agreement (Draft) B Excerpt from the CIL Development Agreement THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese, Esq. City Attorney of Winter Springs Brown, Garganese, Weiss & P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 (407) 425-9566 JOINT FACILITIES USE AGREEMENT THIS JOINT FACILITIES USE AGREEMENT or this ) is made and entered into this ____ day of _______________, 2011, by and between CITY OF WINTER SPRINGS, the CHOICES IN LEARNING is 1126 East State Road 434, Winter Springs, Florida 32708, and INC., aFlorida not-for-______E. State Road 434, Winter Springs, Florida 32708. W I T N E S S E T H: WHEREAS, the Schoolowns certain real property within the City of Winter Springs at 1100 E. State Road 434, upon which campus is located (Campus); and WHEREAS, the City owns real property adjacent to the Campus commonly known as Central Winds Park the Campus; and WHEREAS, pursuant to the terms of that certain Development Agreement between the School and the City, dated September 16, 2010 , the parties declared Town Center Code and set forth the terms and conditions of the future development of said Campus; and WHEREAS, the Development Agreement also provided that the School and the City would negotiate and enter into a joint facilities use agreement for purposes of sharing certain facilities which are deemed beneficial to the school children and the public; and WHEREAS, the parties now desire to set forth their understanding regarding the joint use pursuant to the terms and conditions set forth herein; and Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 1 NOW THEREFORE, in consideration of the mutual promises and covenants herein, and other good and valuable consideration, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby deemed true and correct and are expressly incorporated herein as part of this Agreement by this reference. 2.Term; Termination. This Agreement shall commence upon full execution of this Agreement by both parties and recordation in the Official Public Records of Seminole County, Florida under the Town Center Code, or until the parties mutually agree in writing to terminate this Agreement. The City agrees to provide the School at least thirty days written notice before terminating the civic site designation. Upon termination, the City will promptly record a written notice of termination in the public records and this Agreement will no longer be in effect. 3. School Use of City Facilities. The School shall be permitted to reasonably use the special events held by the School at the Campus. In addition, the School shall be permitted to use the practice fields and picnic pavilion area at Central Winds Park for school related recreational activities for the school children attending the School. Use of said City facilities by the School shall be subject to the applicable rules and regulations generally adopted by the City for the 4. City Use of School Facilities. The City shall be permitted to reasonably use the following School facilities at the Campus: A. The City may use the Campus and the multi-purpose room located in the school building thereon for: City special event parking; (ii) meeting space for City held community meetings/workshops and parks and recreation programs (e.g., program registration, umpire clinics, , camp program. Although not an exclusive listthe special events intended at the effective date of this Agreement shall include the annual Highland multi-purpos existence/status as a 501 (c)(3) entity under the Internal Revenue Code. B. -purpose room in the school building as a command post during major special events being held at Central Winds Park including, but not limited to, the Highland Games and the Fourth of July Celebration. Further, at ly acceptable second floor room in the school building available for police surveillance purposes during major special events. Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 2 C. At times when school is not in session at the Campus School may negotiate mutually acceptable dates and times during the year for the police department to conduct intra-departmental classes on school security at the Campus. 5. Scheduling Guidelines. The School and the City will agree upon guidelines and procedures for scheduling and using authorized by this Agreement. The guidelines shall follow the general principle that each party shall have priority property. The parties agree to meet not less than once per calendar year for the purpose of planning and compiling a calendar of events for the coming year wherein joint use of their respective facilities and property will be requested. It is understood that this annual calendar of events is a projection of proposed events and inclusion of an event in the event calendar shall not supersede or take priority over the right of the property owner to use their own property. Should a conflict arise over scheduled uses, the property owner shall give immediate notice to the other party in order that alternative arrangements or accommodations can be made for the affected event. Notwithstanding the aforesaid, each party shall attempt to honor in good faith all events that have been placed on the annual calendar of events by mutual agreement. Further, each party will exercise due diligence by taking reasonable steps to attempt to avoid conflicts which might jeopardize the ability of the other party to hold an event that is placed on the annual calendar of events. 6. Use Fees and Charges for Expenses. The School and City agree that neither party shall charge the other party a fee to use the facilities and property which the parties agree to share pursuant to this Agreement. However, each party reserves the right to charge for reasonable labor costs for set-up and clean-up). To the extent practicable, the charging party agrees that such charges for expenses will be itemized and communicated to the paying party prior to the charges being invoiced. 7. Miscellaneous Guidelines for Use of Facilities. The following miscellaneous guidelines shall apply to each party: A. As reasonably practicable and at all times material, each party shall keep the other -site management personnel at the facilities and property. Further, each party shall arrange for the appropriate personnel to provide the other party with access to the facilities and property when requested and agreed upon for use. B. Each party shall be primarily responsible for the management and maintenance of their own facilities and property, except that each party shall be responsible for general clean-up (trash pick-up, removing belonging, returning any used equipment to storage) after their use of the lities and property. In addition, upon commencing use of the facilities and Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 3 property, the parties agree to provide the other party of notice of any open and obvious existing damage to the facilities and property. C. Each party shall exercise reasonable care while using the property and will make no modifications thereto without the express written approval of the other party. At the termination of each use of the facilities and property, each using party shall ensure that all reasonable efforts have been made to return the facilities and property to its original or better condition. D. Each party shall be responsible for the actual repair or replacement cost of any damage and property incurred as a direct result of thuse of the facilities and property pursuant to this Agreement. E. Each party shall be responsible for providing the equipment necessary for their use of the . However, each party may identify any of its equipment that the other party may utilize and shall identify and secure any of its equipment that the other party should not use. 8. Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 9.Governing Law; Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all state disputes shall be properly placed in Seminole County, Florida. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 10. Attorneys Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, each party shall be responsible for its own costs and expenses, including its own reasonable attorneys fees of such litigation or controversy, including those associated with any appellate or post-judgment collection proceedings. 11.Notices . Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepared, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 4 TO THE CITY: Attn: City Manager 1126 East State Road 434 Winter Springs, Florida 32708 407-327-5957 TO SCHOOL: Attn: Principal 1100 E. State Road 434 Winter Springs, Florida 32708 12. Insurance. Each property shall be responsible for providing general liability insurance for their own facilities and property and for insuring the acts and omission of their own personnel covered by this Agreement. 13. Indemnification. Each party hereby voluntarily releases, forever discharges and agrees to hold harmless and indemnify the other party and their respective officers, employees and all other persons or entities acting on their behalf from any and all liability, claims, demands, actions or rights of action including attorneys fees and costs, which are related to, arise out of or are in any way connected with the pursuant to the terms of this Agreement. 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes. Said statute is hereby deemed fully incorporated herein as if set forth in this Agreement verbatim. Furthermore, should any other limitation be imposed on the City's potential liability under state or federal law, the limitation that imposes the least amount of liability on the City or the School shall apply as if said limitation is a material part of this Agreement. 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: Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 5 ______ Title: Print Name: ____________ Date: CITY: ______ Print Name: CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation Print Name: By: Name: Title: Date: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this _____ day of ___________, 2011, by ______________________________, as ___________________________ of CHOICES IN LEARNING, INC. , a Florida not-for-profit corporation, on behalf of the corporation. He/She is [__] personally known to me or [__] has produced ________________________________________ as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of _________________ Print Name: My Commission Expires: Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 6 STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this _____ day of ___________, CITY OF 2011, by ______________________________, as ___________________________ of WINTER SPRINGS, FLORIDA , a Florida municipal corporation, on behalf of the corporation. He/She is [__] personally known to me or [__] has produced ________________________________________ as identification and who did (did not) take an oath. (Notarial Seal) Notary Public, State of _________________ Print Name: My Commission Expires: Joint Facilities Use Agreement City of Winter Springs and Choices In Learning, Inc. 7