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<br />4. The Staff Working Group has had the opportunity to review <br />the proposed amendment and has submitted its recommendation to <br />the Superintendent or desianee. <br /> <br />The School Board may amend the District Facilities Work Proaram at any <br />time to add necessary capacity projects to satisfy the provisions of this <br />Aareement. For additions to the District Facilities Work Proaram, the <br />School Board must demonstrate its ability to maintain its financial <br />feasibility. <br /> <br />9.4 Exemptions and Vested Development: The following types of <br />developments shall be exempt from the requirements of public school <br />concu rre ncy: <br /> <br />a. Developments that result in a total impact of less than one (1) <br />student in any level or type of school; and <br /> <br />b. Development with covenants restrictina occupancy to exclude <br />school aae children (e.a., 55 and over). <br /> <br />The followina types of developments shall be considered vested from the <br />requirements of public school concurrency: <br /> <br />a. Developments with a valid, unexpired site plan or final plat or <br />functional equivalent. as of December 31, 2007; <br /> <br />b. Developments that have executed and recorded covenants or <br />have provided monetary mitiaation payments. as of December 31, <br />2007, under the School Board's current voluntary mitiaation <br />procedures; <br /> <br />c. Any Development of Reaional Impact for which a development <br />order was issued, pursuant to Chapter 380, Florida Statutes, prior <br />to July 1, 2005. Also, any Development of Reaional Impact for <br />which an application was submitted prior to May 1, 2005. <br /> <br />Section 109. Resolution of Disputes <br /> <br />1Q9.1 If the parties to this Amended and Restated Aagreement are unable <br />to resolve any issue in which they may be in disagreement covered in this <br />Amended and Restated Aagreement, the applicable parties to the dispute <br />will employ dispute resolution procedures pursuant to Chapter 164 or <br />Chapter 186, Florida Statutes, as amended from time to time, or any other <br />mutually acceptable means of alternative dispute resolution. Each party <br />shall bear their own attorney's fees and costs. <br /> <br />29 <br />