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<br />9. Uoon conclusion of the neaotiation period. a second Determination letter <br />shall be issued. If mitiaation is aareed to. the School Board shall issue a <br />new Determination letter approvina the development subject to those <br />mitiaation measures aareed to bv the local aovernment. developer and the <br />School Board. Prior to. site plan approval. final subdivision aoproval or the <br />functional eauivalent. the mitiaation measures shall be memorialized in an <br />enforceable and bindina aareement with the local aovernment. the School <br />Board and the Developer that specifically details mitiaation provisions to <br />be paid for by the developer and the relevant terms and conditions. If <br />mitiaation is not aareed to, the Determination letter shall detail why any <br />mitiaation prooosals were reiected and whv the development is not in <br />comoliance with school concurrencv reauirements. A SCALD indicatina <br />either that adeauate capacity is available. or that there is not a neaotiated <br />proportionate share mitiaation settlement followina the ninety (90) day <br />neaotiation period constitutes final aaency action by the School Board for <br />ourposes of Chaoter 120, F.S. <br /> <br />K. ApDeal Process. A person substantially affected bv a School Board's adeauate <br />capacity determination made as a part of the School Concurrency Process may <br />aopeal such determination throuah the process orovided in Chaoter 120. F.S. <br /> <br />SECTION 2. SEVERABILITY. If any Section or portion of a Section of this <br />Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to <br />invalidate or impair the validity, force, or effect of any other Section or part of this <br />Ordinance. <br /> <br />SECTION 3. CODIFICATION. It is the intention of the City Commission of the <br />City of Casselberry, Florida, and it is hereby ordained that the provisions of this <br />Ordinance shall become and be made a part of the Code of Ordinance of the City of <br />Casselberry, Florida; that the Sections of this Ordinance may be renumbered or re- <br />lettered to accomplish such intention; that the word, "Ordinance" may be changed to <br />"Section," "Article," or other appropriate word. <br /> <br />SECTION 4. CONFLICTS. All Ordinances or parts of Ordinances in conflict with <br />any of the provisions of this Ordinance are hereby repealed. <br /> <br />Ordinance 09.1265 <br />Page 6 <br />