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Contract 2025-019A2025-Q 19A Return to: Lake County Schools — Growth Planning Dept. 201 W. Burleigh Blvd. Tavares, FL 32778 Property Alternate Key Number: 3938037 PROPORTIONATE SHARE MITIGATION AGREEMENT Project Name: Prose Clermont School Concurrency Case# 2024-21 THIS PROPORTIONATE SHARE MITIGATION AGREEMENT is entered into by and between the School Board of Lake County, Florida, a political subdivision of the State of Florida, whose address is 201 West Burleigh Boulevard, Tavares, Florida 32778 ("School Board"), PLAZA COLLINA (ORLANDO) ASLI VI, LLLP, a Limited Liability Limited Partnership, whose address is 923 North Pennsylvania Avenue, Winter Park, Florida 32789 (Property Owner), and the City of Clermont, a Florida municipal corporation, whose address is 685 West Montrose Street, Clermont, Florida 34711 ("Local Government"). School Board, Property Owners/Property Owners, and Local Government may also be referred to herein each as a "Party". WHEREAS, the School Board, the municipalities located within Lake County, Florida, and the Board of County Commissioners of Lake County, Florida ("County") entered into that certain First Amended Interlocal Agreement For School Facilities Planning and Siting recorded June 23, 2008 in Official Records Book 3644, Page 1, in the public records of Lake County, Florida (the "Interlocal Agreement'). WHEREAS, pursuant to Section 5 of the Interlocal Agreement an application for a subdivision, site plan, or plat for residential dwelling units that will generate students in a Concurrency Service Area in which there is insufficient School Capacity to accommodate the anticipated students must enter into a Proportionate Share Mitigation Agreement to mitigate the school overcrowding attributable to the anticipated students, all as specified in the Interlocal Agreement. WHEREAS, Property Owners are the owners of those certain tract(s) of land located in Clermont, Florida, commonly identified by Alternate Key 3938037 and more particularly described on Exhibit "A" attached hereto, and illustratively depicted on Exhibit "B" attached hereto (the "Property"). WHEREAS, Property Owners have requested Local Government approval to allow development of two hundred and ninety-five (295) total dwelling units (the "Total Units") on the Property (the "Project'), as depicted on the site plan attached hereto as Exhibit "C". WHEREAS, based on the current adopted Level of Service standards of the Concurrency Service Area in which the Property is currently located, School Board has determined existing school capacity is insufficient for the number of students anticipated to be generated by the Project. WHEREAS, the School Board has determined the anticipated deficit created by the Project as PSMA —Prose Clermont - V 1 12/12/2024 Page 1 of 11 LCS# 2024-21 — Clermont of the date of School Board's capacity review is nineteen (19) high school students (the "Capacity Deficit"). WHEREAS, Local Government's approval of the final site plan or final plat without requiring mitigation of the Capacity Deficit will either create or worsen school overcrowding. WHEREAS, the Property Owners have agreed to enter into this Agreement to provide mitigation proportionate to the demand on Public School Facilities created by the actual development of the Project. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, School Board, Property Owners and Local Government hereby agree as follows: Recitals. The above recitals are true and correct and fully incorporated herein. 2. Definitions. Any capitalized terms used but not defined herein shall have the same meaning as set forth in the Interlocal Agreement. 3. Term. The term of this Agreement shall commence on the date this Agreement is recorded in the Public Records of Lake County, Florida (the "Effective Date") and, unless earlier terminated in accordance herewith, shall end on the date that is two (2) years after the Effective Date (the "Expiration Date"). The term of this Agreement may be extended once for a period of six (6) months if (i) requested by Property Owners by delivering a sworn affidavit to School Board, no later than thirty (30) days prior to the Expiration Date, that demonstrates Property Owners good faith efforts to obtain all development approvals required to proceed with the Project, and (ii) School Board and Local Government agree to extend the term of this Agreement. Any extension of this Agreement shall be evidenced by an Amendment to this Agreement signed by Property Owners, School Board, and Local Government and recorded, at Property Owner's sole expense, in the public records of Lake County, Florida. 4. Mitigation Payment. Property Owners shall pay to School Board the cost to mitigate the Capacity Deficit as follows: a. Amount. Property Owner's proportionate share mitigation payment is Eight Hundred Fifteen Thousand and Four Hundred Twenty Three and 00/100 Dollars ($815,423.00 USD) (the "Mitigation Payment"). The Mitigation Payment is the product of the Capacity Deficit multiplied by the applicable Cost of Student Station (i.e. 19 x $42,917.00 = $815,423.00). b. Due Date. The Mitigation Payment shall be made no more than 90 days after final site plan is approved by Local Government for the Project (the "Due Date"). This provision shall survive the expiration of this Agreement. In the event that the final site plan approved by LOCAL GOVERNMENT results in less than the proposed 295 residential multi -family dwelling units, then the estimated Proportionate Share Mitigation set forth above will be adjusted accordingly based on the final number of residential dwelling units (lots) approved for the Project by LOCAL GOVERNMENT. c. Delivery Instructions. Property Owners shall deliver the Mitigation Payment with the PSMA —Prose Clermont - V 1 12/12/2024 Page 2 of l l LCS# 2024-21 — Clermont completed payment form, a copy of which is attached hereto as Exhibit "D", to the School Board's Growth Planning Department at 201 West Burleigh Boulevard, Tavares, FL 32778. 5. Mitigation Payment Credit. The Mitigation Payment shall be credited against the total educational impact fees due for the Project. Property Owners shall remain obligated for payment of all remaining educational impact fees due after application of the Mitigation Payment credit in accordance with the Lake County Impact Fee Ordinance. Notwithstanding anything contained herein to the contrary, Property Owners shall not be entitled to a credit for the Mitigation Payment unless and until such payment is actually made and delivered to the School Board. The School Board will notify all applicable local governments once the Mitigation Payment is received by the School Board. 6. Termination. This Agreement shall be terminated at the School Board's option if (a) Local Government does not issue final development approval for the Project within one year of the Effective Date of this Agreement, or (b) Property Owners fails to fully pay the Mitigation Payment when due hereunder and such breach remains uncured for a period of thirty (30) days. Provided, however, with respect to clauses (a) and (b) of the preceding sentence (collectively, the "Termination Conditions"), prior to exercising the termination right set forth herein, the School Board shall provide written notice of its election to terminate this Agreement as a result of the failure of the foregoing Termination Conditions, and provide Property Owners with the reasonable opportunity to cure the same for a period of not less than thirty (30) days, following which, and provided that the Termination Conditions remain unsatisfied, the School Board may terminate this Agreement upon written notice to Property Owners. 7. Effect of Termination. Except as otherwise provided for herein, if this Agreement is terminated, then Property Owners and School Board shall have no further duties or obligations hereunder and Property Owners shall (a) forfeit all administrative or application fees paid to School Board, (b) forfeit the current school concurrency reservation associated with the Project, (c) cease all construction activities associated with the Project, and (d) re -apply for any future school concurrency reservation associated with the Project. 8. Acknowledgements. Property Owners, School Board, and Local Government each hereby acknowledge and agree that (a) this Agreement constitutes a legally binding commitment, pursuant to Section 163.3180, Florida Statutes, to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the Project, (b) this Agreement does not constitute, and shall not be construed as, a development permit, development agreement, development order, or any other instrument or governmental act permitting the development of the Property, and (c) development of the Property and the Project is and shall remain subject to all land development rules, regulations, and approvals of Local Government and all other governmental bodies, agencies, or authorities having jurisdiction over development of the Property or the Project. 9. Assignability. This Agreement shall run with the land and be binding on and shall inure to the benefit of Property Owners, School Board, Local Government, and their respective successors and assigns. Notwithstanding anything contained herein to the contrary, Property Owners may assign its rights or obligations contained herein to a successor to the Property upon the execution of a written instrument memorializing the same, provided that the parties shall provide timely notice of any such assignment to the School Board. Any such assignment shall be evidenced by an instrument signed by Property Owners, accepted by Property Owner's assignee, and thereafter recorded, at Property Owner's sole expense, in the public records of Lake County, Florida. PSMA —Prose Clermont - V 1 12/12/2024 Page 3 of l l LCS# 2024-21 — Clermont 10. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given if delivered by hand, sent by United States registered or certified mail (return receipt requested), sent by recognized overnight courier, or sent by email addressed as follows: If to School Board: School Board of Lake County Attn: Superintendent of Schools 201 West Burleigh Blvd. Tavares, FL 32778 Email contact — croneyh@lake.kl2.fl.us If to Local Government: City of Clermont Attn: City Manager 685 West Montrose Street Clermont, FL 34711 If to Property Owner: PLAZA COLLINA (ORLANDO) ASLI VI, LLLP 923 North Pennsylvania Avenue Winter Park, Florida 32789 With copy to: Lowndes Law Attn: Rebecca Wilson 215 North Eola Drive Orlando, FL 32801 Notices shall be deemed effective only if sent to each address listed for the intended recipient Party, or such other address as may be subsequently provided by that Party in writing. Notices personally delivered, sent by United States registered or certified mail, or sent by overnight courier shall be deemed given on the date of receipt. Notices sent by e-mail shall be deemed sent upon transmission if sent to the recipient Parry's e-mail address shown above and the e-mail message is not returned to the sender as being undeliverable. IL Incorporation. All exhibits attached hereto are fully incorporated herein and made a part hereof. 12. Recording of this Agreement. Property Owners shall submit this Agreement to the Lake County Clerk of Court for recording, at Property Owner's sole expense, in the public records of Lake County, Florida within ten (10) days after full execution by all Property Owners, School Board, and Local Government. Failure to timely submit this Agreement for recording shall render it null and void. 13. Recording Notice of Satisfaction. Within thirty (30) days after receiving the final Mitigation Payment, School Board, at School Board's sole expense, shall record a notice of satisfaction, which references the recording information of this Agreement and acknowledges receipt of the Mitigation Payment, in the public records of Lake County, Florida. PSMA —Prose Clermont - V 1 12/12/2024 Page 4 of I I LCS# 2024-21 — Clermont 14. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between and among Property Owners, School Board, and Local Government, and replaces all prior communications, understandings, representations, arrangements, and agreements, whether oral or written, between or among them, related to the terms and subject matter of this Agreement that were not otherwise reduced to writing and incorporated herein. 15. Construction. This Agreement shall be construed as if Property Owners, School Board, and Local Government jointly prepared this Agreement, and any uncertainty or ambiguity shall not be construed against any one Party. Whenever applicable in this Agreement, the use of the singular shall include the plural and the use of the plural shall include the singular. The headings used in this Agreement are solely for convenience of reference and shall not control the meaning or interpretation of this Agreement. 16. Modification; Waiver. This Agreement may not be modified or amended, nor shall any provision of this Agreement be waived except in writing signed by Property Owners, School Board, and Local Government or their respective agents acting under express written authority to do so. No oral agreement, statement, promise, undertaking, understanding, arrangement, act, or omission of any Party, occurring after the date hereof may be deemed an amendment or modification to this Agreement unless reduced to writing and signed by Property Owners, School Board, and Local Government or their respective agents acting under express written authority to do so. 17. Counterparts. This Agreement may be executed in as many counterparts as may be required, each of which when so executed shall be deemed an original, but all of which when taken together shall constitute a single agreement. An electronic or facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. 18. Severability. If for any reason any of the covenants, agreements, terms, or provisions contained herein shall be determined or declared to be invalid or unenforceable by a court of competent jurisdiction, then the validity and enforceability of the remaining covenants, agreements, terms, and provisions hereof shall be in no way affected, prejudiced, or disturbed by said determination or declaration and this Agreement shall be automatically conformed to the law and shall continue in full force and effect. 19. Governing Law. The laws of the State of Florida shall apply to and control any dispute concerning the interpretation, construction, performance, or enforcement of this Agreement. Property Owners, School Board, and Local Government each hereby agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the courts serving Lake County, Florida and Property Owners, School Board, and Local Government hereby waive any challenge to personal jurisdiction or venue in such courts. 20. Prevailing Party Attorney's Fees. If Property Owners, School Board, or Local Government brings a legal action or proceeding arising out of or relating to this Agreement or because of an alleged dispute, breach, default, or misrepresentation hereof or for a declaration of the rights and obligations in connection with this Agreement, then the prevailing Party shall be entitled to reasonable attorney's fees and other costs incurred in that action or proceeding in addition to any other relief to which the prevailing Party may otherwise be entitled. 21. Change in Circumstances. If, prior to the Due Date, the Total Units or any other part of the Project is altered or amended in a manner that increases the Capacity Deficit, then Property Owners shall submit a separate application for such increase, which shall be subject to a separate review for school concurrency purposes. PSMA —Prose Clermont - V 1 12/12/2024 Page 5 of l l LCS# 2024-21 — Clermont 22. Time of the Essence. Time is of the essence as to all due dates, deadlines, and time periods set forth herein. 23. Authority. Each person signing below represents and warrants they possess full authority to enter into this Agreement and to lawfully and effectively bind the entity they purport to represent. Rest of this Page Intentionally Left Blank PSMA — Prose Clermont - V 1 12/12/2024 Page 6 of 11 LCS# 2024-21 — Clermont IN WITNESS WHEREOF, Property Owners/Property Owners, School Board, and Local Government have executed this Agreement as of the dates set forth below. Ala as to form: SVoWBohA Attorney PLAZA COLLIN ( RLANDO) ASLI VI, LLLP Owner By: Print Name: Pm ltw CWS li Date: The School Board of Lake County, Florida By: Board air Date: City of Clermont, Florida By: Tim Murry, M or Date: "? - �;L y Z- Approv a o for . Attest: �_4 City Clerk PSMA —Prose Clermont - V1 12/12/2024 Page 7 of 11 LCS# 2024-21 —Clermont Exhibit A — Legal Description A PORTION OF LOT 12, PLAZA COLLINA, AS RECORDED IN PLAT BOOK 76, PAGES 53 THROUGH 74, PUBLIC RECORDS LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF LOT 12, PLAZA COLLINA, AS RECORDED IN PLAT BOOK 76, PAGES 53 THROUGH 74, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; RUN THENCE THE FOLLOWING FIFTEEN (15) COURSES ALONG THE NORTH LINE OF SAID LOT 12: (1) N77*25'02"E A DISTANCE OF 32.00 FEET; (2) N11'15'21"W A DISTANCE OF 104.71 FEET; (3) N05'36'04"E A DISTANCE OF 103.53 FEET; (4) N79*08'47"E A DISTANCE OF 187.09 FEET; (5) N08'41'04"W A DISTANCE OF 14.90 FEET; (6) N79'01'45"E A DISTANCE OF 203.19 FEET; (7) N84*46'03"E A DISTANCE OF 297.32 FEET; (8) 561'41'12"E A DISTANCE OF 55.78 FEET; (9) N89°11'56"E A DISTANCE OF 195.67 FEET; (10) 501'36'23"E A DISTANCE OF 37.67 FEET; (11) N89'49'50"E A DISTANCE OF 56.05 FEET; (12) 529'27'06"E A DISTANCE OF 6.10 FEET; (13) N89°23'32"E A DISTANCE OF 29.50 FEET TO A NONTANGENT POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 38.72 FEET, A CHORD BEARING OF N60-57'22"E, A CHORD DISTANCE OF 53.44 FEET, (14) RUN THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87*16'18", A DISTANCE OF 58.98 FEET TO A NON -TANGENT POINT; (15) 567'35'03"E A DISTANCE OF 18.62 FEET; THENCE S00°04'08"W A DISTANCE OF 495.91 FEET; THENCE 589'59'58"W A DISTANCE OF 562.38 FEET TO THE EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5902, PAGE 1931, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE N00*11'16"W A DISTANCE OF 28.04 FEET; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE NORTH LINE OF SAID LANDS: (1) N89-58'27"W A DISTANCE OF 357.30 FEET; (2) S00'02'25"E A DISTANCE OF 20.00 FEET; (3) S89'45'40"W A DISTANCE OF 153.41 FEET TO THE NORTHWEST CORNER OF SAID LANDS, BEING A POINT ON THE WEST LINE OF SAID LOT 12, ALSO BEING A POINT ON THE EAST LINE OF TRACT "C11" COMMON AREA, SAID PLAZA COLLINA; THENCE N06°59'24"W ALONG SAID WEST LINE OF LOT 12 A DISTANCE OF 15.43 FEET TO A NONTANGENT POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1054.00 FEET, A CHORD BEARING OF N06-01'18"W, A CHORD DISTANCE OF 189.25 FEET, RUN THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'18'06", A DISTANCE OF 189.51 FEET TO THE POINT OF TANGENCY; THENCE N11'10'22"W A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. PSMA —Prose Clermont - V 1 12/ 12/2024 Page 8 of 11 LCS# 2024-21 — Clermont Exhibit B — Location Map IL a w * tnRr _ y "�• a1C BROAD S- fiLS u @�' rW wwI so sr■ 0 •w No elm .►,a% a= ina POP B�fD�ECKgLr lad s r_ �►, . CLILINA'?ERA' Z Nip 416; ANN If `� :H'<tF3tltlitrtttllt�' C � � yam.• ,��isu� ,,-� CrC f�•c trlt!= IcI�► PSMA — Prose Clermont - V 1 12/ 12/2024 Page 9 of I I LCS# 2024-21 — Clermont Exhibit C — Site Plan/Subdivision Plan PSMA —Prose Clermont - V 1 12/12/2024 Page 10 of 11 LCS# 2024-21 — Clermont Exhibit D — Proportionate Share Mitigation Payment Form Section 1 LCS#.. Project Title: Local Jurisdiction: Parcel ID's/Alt Keys: (list all parcel identification numbers or alternate keys that apply to this agreement project boundaries) Permit Type: (Plat, preliminary plat or finalsste plan, final subdwisan plan, etc 1 Section 2 Date: Name: Contact phone number: Email Address: Section 3 Plat/Site Plan Title las it appears on the document) Total Units: Unit Type: SF, MF, MH Section 4 Payment Amount: Mitigation Review fee (if applicable): Total Amount of This Pavment Proportionate Share Mitigation Information 2024-21 Prose Clermont City of Clermont 9380 ' final site plan or final plat whichever Is applicable Applicant Information (to be completed by Applicant for each payments Residential Development Project Information Prose Clermont 295 Multi Family Payment Information N/A Previouslypaid Instructions Complete form and return with payment to: Lake County Schools Growth Planning Department 201 west Burietgh Boulevard Tavares, FL 32778 For more information contact heather Croney, Growth Planning Department at 352-253-6646 or by email at croneyh@lake-k12.f1 us PSMA —Prose Clermont - V 1 12/12/2024 Page 11 of 11 LCS# 2024-21 — Clermont