Contract 2023-030AINSTRUMENT#: 2023006457 OR BK 6081 PG 192 PAGES: 15 1/19/2023 10:42:01 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $129.00
After recording return to:
Helen LaValley
Growth Planning Dept.
Lake County Public Schools
201 West Burleigh Boulevard
Tavares, Florida 32778
...... • • • • . • • • • • . • • • • • [SPACE ABOVE THIS LINE FOR RECORDING DATA]............ I ........ I............
PROPORTIONATE
SHARE MITIGATION
AGREEMENT
FOR
Project Name:
Integra Apartments
Wellness Wa
Clermont
THIS PROPORTIONATE SHARE MITIGATION AGREEMENT
("Agreement"), is entered into by and between THE SCHOOL BOARD OF L A K E
COUNTY, FLORIDA, a body corporate and political subdivision of the State of Florida,
whose address is 201 West Burleigh Boulevard, Tavares, Florida 32778 ("School
Board"), INTEGRA LAND COMPANY, whose address is 1525 International Parkway,
#2001, Lake Mary, Florida 32746, ("Applicant/Contract Purchaser"); and the CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, whose address is 685 West Montrose
Street, Clermont, FL 34711 ("City").
(School Board, Applicant/Contract Purchaser and City are sometimes referred
to herein individually as a "Party" or collectively as the "Parties").
2023-030A
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 193 PAGE 2 of 15
RECITALS:
WHEREAS, the School Board, Board of County Commissioners of Lake County
("County"), and the municipalities within the County have entered into that certain "First
Amended Interlocal Agreement For School Facilities Planning and Siting" (the "Interlocal
Agreement"), and
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; and
WHEREAS, Applicant is the contract purchaser of those certain tract(s) of land located
in City of Clermont and identified more particularly by alternate key 1462436, more fully
described in Exhibit `A' (the "Property"). The Property location is further illustrated by a map
attached hereto as Exhibit "B"; and
WHEREAS, the Applicant/Contract Purchaser has submitted a rezoning to the City in
connection with a proposal to obtain approval to develop three hundred and twenty-eight (328)
multi -family residential dwelling units on the Property (the "Project" or "Integra Apartments");
and
WHEREAS, at the time of this Agreement, the Property is located in Concurrency
Service Area #14; and
WHEREAS, based on the current adopted Level of Service standards of the Concurrency
Service Area in which the Property is located, the School Board has determined there is
insufficient school capacity at the high school level for the number of public -school students that
the dwelling units are anticipated to generate. The deficit determined at the time of capacity
review is twenty-two (22) high school students; and
WHEREAS, local government approval of the final site plan without requiring
mitigation for the impacts of the proposed residential dwelling units will either create or
worsen school overcrowding at the high school level; and
WHEREAS, the Applicant/Contract Purchaser has agreed to enter into this Agreement to
provide mitigation proportionate to the demand on Public School Facilities to be created by the
residential dwelling units, as more particularly set forth herein ("Proportionate Share Mitigation").
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 194 PAGE 3 of 15
NOW, THEREFORE, in consideration of the foregoing described Proportionate Share
Mitigation, the mutual covenants contained herein, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be
legally bound, agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and
correct and are hereby incorporated into this Agreement by this reference as if fully set forth
herein.
2. DEFINITION OF MATERIAL TERMS. Any capitalized terms used herein
but not defined shall have the meaning attributed to such term in the Interlocal Agreement.
3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a
legally binding commitment by the Applicant/Contract Purchaser to mitigate for the impacts
of the units reflected on the site plan attached as Exhibit "C", for which the Applicant/Contract
Purchaser is seeking approval and is intended to satisfy the requirements of the Interlocal
Agreement.
4. PROPORTIONATE SHARE MITIGATION. The Parties agree that the
Applicant/Contract Purchaser shall provide the following, in order to provide for capacity for
the high school student(s) to be generated by the residential dwelling units:
a. The Applicant/Contract Purchaser shall pay the student station costs for the deficit
number of high school students. That payment shall be made no more than 90 days
after obtaining final site plan approval for the Project, in an amount equal to the high
school student station costs listed in the Lake County Schools Educational Facilities
Update Study (school impact fee study) dated June 26, 2019. The amount of
Proportionate Share Mitigation for deficit student stations is SEVEN HUNDRED
SIXTY SIX THOUSAND NINE HUNDRED SIXTY FOUR AND 00/100
DOLLARS ($766,964.00), which is determined by multiplying the student station
cost in the most recent School Impact Fee Study for high school level by the capacity
deficit generated from the Project [$34,862 (high school student station cost) x 22
(students)=$766,964.00].
b. Credit shall be given for the Proportionate Share Mitigation payment in 4.a. above
towards the School Impact Fees for the residential dwelling units in the proposed
Project. The amount of School Impact Fees payable for the residential dwelling units
is currently calculated as TWO MILLION THREE HUNDRED FIFTY EIGHT
THOUSAND, NINE HUNDRED SEVENTY SIX AND 00/100 DOLLARS
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 195 PAGE 4 of 15
($2,358,976.00), which is determined by multiplying the current School Impact Fee
for multi -family residential dwelling units by the total number of proposed residential
dwelling units. [$7,192.00 (educational impact fee for multi -family dwelling unit) x
328 (lots/units)=$2,358,976.00]. After credit for the Proportionate Share Mitigation,
Applicant/Contract Purchaser shall be responsible for the payment of the remaining
educational impact fees due. The timing for the remaining school impact fee
payment(s) shall be pursuant to the Lake County Impact Fee Ordinance.
In the event that the final approval by CITY results in less than three hundred twenty-eight
(328) residential multi -family dwelling units, then the estimated School Impact Fees set forth
above will be adjusted accordingly based on the final number of residential dwelling units
approved for the Project by CITY. Payment pursuant to Sections 4.a and 4.b will be made as
indicated in those subsections.
5. SCHOOL IMPACT FEE CREDIT. The School Board shall inform the applicable
local government of the Proportionate Share Mitigation payment required under Section 4.a. of
this Agreement. Said credit shall be applied to the educational impact fees imposed under the
Lake County Impact Fee Ordinance, as provided in the Interlocal Agreement, and as outlined in
Section 4.b of this agreement. This is not an agreement to pay impact fees. It is an agreement to
pay proportionate share mitigation and the basis for the credit(s) of future school impact fee
payments.
6. EFFECTIVE DATE. The effective date of this Agreement shall be the date when
the last one of the Parties has properly executed this Agreement as determined by the date set
forth immediately below their respective signatures (the "Effective Date").
7. TERMINATION. This Agreement shall terminate and Applicant/Contract
Purchaser shall forfeit any administrative application fees paid under the following
circumstances:
a. City does not approve the rezoning within one hundred eighty (180) days of the
Effective Date of this Agreement.
b. Applicant/Contract Purchaser, by failure to proceed in good faith in a diligent and
timely manner, fails to begin construction within two (2) years of the Effective
Date of this Agreement.
C. In the event, this agreement is terminated for any reason the applicant will forfeit
the school concurrency reservation relating to this project.
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 196 PAGE 5 of 15
8. COVENANTS RUNNING WITH THE LAND. This Agreement shall be
binding, and shall inure to the benefit of the heirs, legal representatives, successors, and
assigns of the Parties, and shall be a covenant running with the residential portions of the
Property and be binding upon the successors and assigns of the Applicant/Contract Purchaser
and upon any person, firm, corporation, or entity who may become the successor in interest to
the residential portions of the Property.
9. NOTICES. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand
delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the
United States mail, postage prepaid, certified mail, return receipt requested, addressed to the
person at the address set forth opposite the Party's name below, or to such other address or
other person as the Party shall have specified by written notice to the other Party delivered in
accordance herewith:
School Board: School Board of Lake County
Attn: Superintendent of Schools
and Growth Planning Department
201 West Burleigh Boulevard
Tavares, Florida 32778
City: City of Clermont
Attn: City Manager
685 West Montrose Street
Clermont, FL 34711
Applicant/
Contract Purchaser: Integra Land Company
David McDaniel
1525 International Parkway, #2001
Lake Mary, FL 32746
10. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph
headings contained in this Agreement are for convenience and reference only. They in no
way define, describe, extend or limit the scope or intent of this Agreement.
11. NO WAIVER. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by the Party against whom it is asserted. Any
such written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
12. EXHIBITS. All Exhibits attached hereto are a part of this Agreement and are
fully incorporated herein by this reference.
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 197 PAGE 6 of 15
13. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be binding upon the Parties hereto unless in writing and
executed by all the Parties to this Agreement.
14. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant/Property Owner
may assign its rights, obligations and responsibilities under this Agreement to a third -party
purchaser of all or any part of fee simple title to the Property without prior approval of the School
Board. In the event of any such assignment and/or transfer, the assignee shall provide the School
Board with written notice of same. Upon a complete assignment of this Agreement, the assignor
shall be fully relieved and released from any and all obligations under this Agreement.
15. COUNTERPARTS. This Agreement may be signed in counterparts, each of
which may be deemed an original, and all of which together constitute one and the same
agreement.
16. RECORDING OF THIS AGREEMENT. The Applicant/Contract Purchaser
agrees to record this Agreement, at Applicant/Contract Purchaser's expense, in the Public
Records of Lake County, Florida. The agreement shall be recorded within ten (10) days after
full execution by all parties.
17. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement
among the Parties with respect to the subject matter addressed herein, and it supersedes all
prior and contemporaneous negotiations, understandings and agreements, written or oral, among
the Parties.
18. SEVERABILITY. If any provision of this Agreement is declared invalid or
unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will
be stricken from the Agreement, and the balance of the Agreement will remain in full force
and effect as long as doing so would not affect the overall purpose or intent of the Agreement.
19. APPLICABLE LAW. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida. Venue
for any action to enforce the provisions of this Agreement shall be in the Courts of the Florida
Fifth Judicial Circuit and venue shall be in Lake County, Florida.
20. ATTORNEY'S FEES. In the event that either party commences an action in
court to recover for a breach or the enforcement of this Agreement then the prevailing party
shall be entitled to recover its attorneys' fees and costs related to that action.
21. SCHOOL CONCURRENCY. Residential dwelling units in excess of the
subject 328 units not addressed in this Agreement will be subject to separate review for school
concurrency purposes as set forth in the Interlocal Agreement.
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 198 PAGE 7 of 15
22. PAYMENT FEE(S) FORM. This Agreement requires the Applicant/Contract
Purchaser to pay proportionate share mitigation within ninety (90) days of the approval of the
project final site plan. The form attached to and incorporated herein as Exhibit "D", must be
completed and returned to the School Board's Growth Planning Department with all fees due
hereunder to satisfy Section 4 of this Agreement.
(SIGNATURE AND ACKNOWLEDGMENT ON FOLLOWING PAGES)
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 199 PAGE 8 of 15
IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
a,v-
Sign Nanlie
Print Name
STATE OF fi-pj,DA )
ss:
COUNTY W5i )
APPLICANT/CONTRACT PURCHASER
INTEGRA LAND COMPANY, a Florida
corporation
tL: V'/—odc,Cf/4 - 4 , ,/
David McDaniel, President
This I ' day of moient4r , 2022.
The foregoing instrument was acknowledged before me by means of [ "A physical presence
or [_] online notarization, this 1% M— day of NOV CM ku-e- , 2022, by David
McDaniel, as President
ND COMPANY, a Florida corporation, on behalf of
the corporation, who isme or has produced
as identification (if leftlly known to me).
,�v=0&0712025
Notaryf Flaide
101665
I/4a.�(�rt o1�
(Siinature of Notary Public)
'P01,640-A 3rahYL0- -
(Typed name of Notary Public)
Notary Public, State ofZo,ei 1�A
Commission No.: j0 /a >f 0s'
My Commission Expires:
INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 200 PAGE 9 of 15
IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
ATTEST:
Ms. Dian Kornegay, p ' tendent
Approved as to form and legality:
ers
SCHOOL BOARD
M!' Marc AA. Dodd, Board Chair
This � "'" day of , 2022.
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 201 PAGE 10 of 15
IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
1
/ AA `
ATTEST:
W
A-
Pof Tracy Ackroyd Howe, MMC
City Clerk
Approved �s to € rm and legality:
City Attorney`j:)AQ % rLL— ►l Al J i2A2
CITY OF CLERMONT
Mr. Tim Murry, Mayor
This day of �0gAU0 .f-vi , 202�
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 202 PAGE 11 of 15
Exhibits
Exhibit A — Legal Description
Exhibit B — Location Map
Exhibit C — Concept Plan/Site Plan
Exhibit D — Proportionate Share Mitigation Payment Form
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 203 PAGE 12 of 15
Exhibit A — Legal Description
!,w-TffRF#T*TR.'7T.vWW0
A PORTION OF SECT70N 21 TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING EAST OF US HIGHWAY 27, SOUTH OF
SCHOFIELD ROAD LAKE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 21; THENCE S89JO'42"W
ALONG THE NORTH LINE OF THE SOUTHEAST 114 OF SAID SEC77ON 21, A DISTANCE OF 1424.92 FEET,• THENCE
DEPARTING SAID SOUTH LINE RUN 500'13'39 E, A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF SCHOFIELD ROAD (120.00' WIDE RIGHT OF WAY PER LAKE COUNTY RIGHT OF WAY MAP) PER OFFICIAL
RECORDS BOOK 5299, PAGE 77 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND TO THE POINT OF
BEGINNING,• THENCE RUN SOO'13'39'E A DISTANCE OF 433.99 FEET; THENCE RUN S44 56 39 "W, A DISTANCE OF
56.40 FEET• ]HENCE RUN N8953'03"W, A DISTANCE OF 297.15 FEET• THENCE RUN S0006'56"W, A DISTANCE OF
771.53 FEET,• THENCE RUN N895420"W, A DISTANCE OF 724.09 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHERLY" HAVING A RADIUS OF 90.00 FEET A CENTRAL ANGLE OF 78500", A CHORD BEARING OF
N69'18'01"W AND A CHORD DISTANCE OF 114.32 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 123.86 FEET TO THE END OF SAID CURVE; THENCE RUN N08'32 51 "W, A DISTANCE OF
386.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 230.00 FEET A
CENTRAL ANGLE OF 14 06 51 " A CHORD BEARING OF N0129 26 "W AND A CHORD DISTANCE OF 56.51 FEET; THENCE
RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 56.66 FEET TO THE POINT OF TANGENCY -
THENCE RUN N053359 "E, A DISTANCE OF 126.40 FEET THENCE RUN N06 57'50"E, A DISTANCE OF 63J.68 FEET -
THENCE RUN N89'30'42 E ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1137.72 FEET TO THE POINT OF
BEGINNING;
CONTAINING: 1,192,125 SOUARE FEET OR 27.37 ACRES MORE OR LESS.
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 205 PAGE 14 of 15
Exhibit C — Concept Plan/Site Plan
ix
L
f
r
h
e �
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INSTRUMENT# 2023006457 OR BOOK 6081/PAGE 206 PAGE 15 of 15
Exhibit D — Proportionate Share Mitigation Payment Form
Exhibit D
Proportionate Share Mitigation Payment Form
Section 1
LCS#:
Project Title:
Local Jurisdiction:
Parcel I D's/Alt Keys:
(list all parcel Identification numbers or alternate keys that
apply to this agreement project boundaries)
Permit Type:
(Plat, preliminary plat or site plan, final subdivision plan,
etc.)
Section 2
Date:
Name:
Company/Firm:
Contact phone number:
Email Address:
Section 3
Plat/Sfte Plan Title:
(as 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 Payment
Proportionate Share Mitigation Information
2022-23
Integra Apartments Wellness Way
Clermont
1462436
..... ........ .......... ......--_.._ . ...-.--- .-._.._.—._. _
Site Plan
Applicant Information
(to be completed by Applicant)
Residential Development Project Information
Integra Apartments
-- 1 326
Multi -family units
1 Payment Information
I S766,964
I N/A Previously paid
I
1S
Instructions
Complete form and return with payment to:
Lake County Schools
Growth Planning Department—Attn: Helen LaValiey
201 West Burleigh Boulevard
Tavares, FL 32779
For more information contact Helen LaValley, Growth Planning Department at 352-253-6694 or by email
at 1avalleyh@lake.k12.fl.us
9/22/2022
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After recording return to:
Helen LaValley
Growth Planning Dept.
Lake County Public Schools
201 West Burleigh Boulevard
Tavares, Florida 32778
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
PROPORTIONATE
SHARE MITIGATION
AGREEMENT
FOR
Project Name:
IntF
a Am a ents
Hess 2022 2,
ermont
0�,� - 0 �) A
THIS PROPORTIONATE SHARE MITIGATION AGREEMENT
("Agreement"), is entered into by and between THE SCHOOL BOARD OF L A K E
COUNTY, FLORIDA, a body corporate and political subdivision of the State of Florida,
whose address is 201 West Burleigh Boulevard, Tavares, Florida 32778 ("School
Board"), INTEGRA LAND COMPANY, whose address is 1525 International Parkway,
#2001, Lake Mary, Florida 32746, ("Applicant/Contract Purchaser"); and the CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, whose address is 685 West Montrose
Street, Clermont, FL 34711 ("City").
(School Board, Applicant/Contract Purchaser and City are sometimes referred
to herein individually as a "Party" or collectively as the "Parties").
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RECITALS:
WHEREAS, the School Board, Board of County Commissioners of Lake County
("County"), and the municipalities within the County have entered into that certain "First
Amended Interlocal Agreement For School Facilities Planning and Siting" (the "Interlocal
Agreement"), and
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; and
WHEREAS, Applicant is the contract purchaser of those certain tract(s) of land located
in City of Clermont and identified more particularly by alternate key 1462436, more fully
described in Exhibit `A' (the "Property"). The Property location is further illustrated by a map
attached hereto as Exhibit "B'; and
WHEREAS, the Applicant/Contract Purchaser has submitted a rezoning to the City in
connection with a proposal to obtain approval to develop three hundred and twenty-eight (328)
multi -family residential dwelling units on the Property (the "Project" or "Integra Apartments");
and
WHEREAS, at the time of this Agreement, the Property is located in Concurrency
Service Area #14; and
WHEREAS, based on the current adopted Level of Service standards of the Concurrency
Service Area in which the Property is located, the School Board has determined there is
insufficient school capacity at the high school level for the number of public -school students that
the dwelling units are anticipated to generate. The deficit determined at the time of capacity
review is twenty-two (22) high school students; and
WHEREAS, local government approval of the final site plan without requiring
mitigation for the impacts of the proposed residential dwelling units will either create or
worsen school overcrowding at the high school level; and
WHEREAS, the Applicant/Contract Purchaser has agreed to enter into this Agreement to
provide mitigation proportionate to the demand on Public School Facilities to be created by the
residential dwelling units, as more particularly set forth herein ('Proportionate Share Mitigation").
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NOW, THEREFORE, in consideration of the foregoing described Proportionate Share
Mitigation, the mutual covenants contained herein, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be
legally bound, agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and
correct and are hereby incorporated into this Agreement by this reference as if fully set forth
herein.
2. DEFINITION OF MATERIAL TERMS. Any capitalized terms used herein
but not defined shall have the meaning attributed to such term in the Interlocal Agreement.
3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a
legally binding commitment by the Applicant/Contract Purchaser to mitigate for the impacts
of the units reflected on the site plan attached as Exhibit "C", for which the Applicant/Contract
Purchaser is seeking approval and is intended to satisfy the requirements of the Interlocal
Agreement.
4. PROPORTIONATE SHARE MITIGATION. The Parties agree that the
Applicant/Contract Purchaser shall provide the following, in order to provide for capacity for
the high school student(s) to be generated by the residential dwelling units:
a. The Applicant/Contract Purchaser shall pay the student station costs for the deficit
number of high school students. That payment shall be made no more than 90 days
after obtaining final site plan approval for the Project, in an amount equal to the high
school student station costs listed in the Lake County Schools Educational Facilities
Update Study (school impact fee study) dated June 26, 2019. The amount of
Proportionate Share Mitigation for deficit student stations is SEVEN HUNDRED
SIXTY SIX THOUSAND NINE HUNDRED SIXTY FOUR AND 00/100
DOLLARS ($766,964.00), which is determined by multiplying the student station
cost in the most recent School Impact Fee Study for high school level by the capacity
deficit generated from the Project [$34,862 (high school student station cost) x 22
(students)=$766,964.00].
b. Credit shall be given for the Proportionate Share Mitigation payment in 4.a. above
towards the School Impact Fees for the residential dwelling units in the proposed
Project. The amount of School Impact Fees payable for the residential dwelling units
is currently calculated as TWO MILLION THREE HUNDRED FIFTY EIGHT
THOUSAND, NINE HUNDRED SEVENTY SIX AND 00/100 DOLLARS
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($2,358,976.00), which is determined by multiplying the current School Impact Fee
for multi -family residential dwelling units by the total number of proposed residential
dwelling units. [$7,192.00 (educational impact fee for multi -family dwelling unit) x
328 (lots/units)=$2,358,976.00]. After credit for the Proportionate Share Mitigation,
Applicant/Contract Purchaser shall be responsible for the payment of the remaining
educational impact fees due. The timing for the remaining school impact fee
payment(s) shall be pursuant to the Lake County Impact Fee Ordinance.
In the event that the final approval by CITY results in less than three hundred twenty-eight
(328) residential multi -family dwelling units, then the estimated School Impact Fees set forth
above will be adjusted accordingly based on the final number of residential dwelling units
approved for the Project by CITY. Payment pursuant to Sections 4.a and 4.b will be made as
indicated in those subsections.
5. SCHOOL IMPACT FEE CREDIT. The School Board shall inform the applicable
local government of the Proportionate Share Mitigation payment required under Section 4.a. of
this Agreement. Said credit shall be applied to the educational impact fees imposed under the
Lake County Impact Fee Ordinance, as provided in the Interlocal Agreement, and as outlined in
Section 4.b of this agreement. This is not an agreement to pay impact fees. It is an agreement to
pay proportionate share mitigation and the basis for the credit(s) of future school impact fee
payments.
6. EFFECTIVE DATE. The effective date of this Agreement shall be the date when
the last one of the Parties has properly executed this Agreement as determined by the date set
forth immediately below their respective signatures (the "Effective Date").
7. TERMINATION. This Agreement shall terminate and Applicant/Contract
Purchaser shall forfeit any administrative application fees paid under the following
circumstances:
a. City does not approve the rezoning within one hundred eighty (180) days of the
Effective Date of this Agreement.
b. Applicant/Contract Purchaser, by failure to proceed in good faith in a diligent and
timely manner, fails to begin construction within two (2) years of the Effective
Date of this Agreement.
C. In the event, this agreement is terminated for any reason the applicant will forfeit
the school concurrency reservation relating to this project.
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8. COVENANTS RUNNING WITH THE LAND. This Agreement shall be
binding, and shall inure to the benefit of the heirs, legal representatives, successors, and
assigns of the Parties, and shall be a covenant running with the residential portions of the
Property and be binding upon the successors and assigns of the Applicant/Contract Purchaser
and upon any person, firm, corporation, or entity who may become the successor in interest to
the residential portions of the Property.
9. NOTICES. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand
delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the
United States mail, postage prepaid, certified mail, return receipt requested, addressed to the
person at the address set forth opposite the Party's name below, or to such other address or
other person as the Party shall have specified by written notice to the other Party delivered in
accordance herewith:
School Board: School Board of Lake County
Attn: Superintendent of Schools
and Growth Planning Department
201 West Burleigh Boulevard
Tavares, Florida 32778
City: City of Clermont
Attn: City Manager
685 West Montrose Street
Clermont, FL 34711
Applicant/
Contract Purchaser: Integra Land Company
David McDaniel
1525 International Parkway, #2001
Lake Mary, FL 32746
10. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph
headings contained in this Agreement are for convenience and reference only. They in no
way define, describe, extend or limit the scope or intent of this Agreement.
11. NO WAIVER. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by the Party against whom it is asserted. Any
such written waiver shall only be applicable to the specific instance to which it relates
and shall not be deemed to be a continuing or future waiver.
12. EXHIBITS. All Exhibits attached hereto are a part of this Agreement and are
fully incorporated herein by this reference.
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13. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be binding upon the Parties hereto unless in writing and
executed by all the Parties to this Agreement.
14. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant/Property Owner
may assign its rights, obligations and responsibilities under this Agreement to a third -party
purchaser of all or any part of fee simple title to the Property without prior approval of the School
Board. In the event of any such assignment and/or transfer, the assignee shall provide the School
Board with written notice of same. Upon a complete assignment of this Agreement, the assignor
shall be fully relieved and released from any and all obligations under this Agreement.
15. COUNTERPARTS. This Agreement may be signed in counterparts, each of
which may be deemed an original, and all of which together constitute one and the same
agreement.
16. RECORDING OF THIS AGREEMENT. The Applicant/Contract Purchaser
agrees to record this Agreement, at Applicant/Contract Purchaser's expense, in the Public
Records of Lake County, Florida. The agreement shall be recorded within ten (10) days after
full execution by all parties.
17. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement
among the Parties with respect to the subject matter addressed herein, and it supersedes all
prior and contemporaneous negotiations, understandings and agreements, written or oral, among
the Parties.
18. SEVERABILITY. If any provision of this Agreement is declared invalid or
unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will
be stricken from the Agreement, and the balance of the Agreement will remain in full force
and effect as long as doing so would not affect the overall purpose or intent of the Agreement.
19. APPLICABLE LAW. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida. Venue
for any action to enforce the provisions of this Agreement shall be in the Courts of the Florida
Fifth Judicial Circuit and venue shall be in Lake County, Florida.
20. ATTORNEY'S FEES. In the event that either party commences an action in
court to recover for a breach or the enforcement of this Agreement then the prevailing party
shall be entitled to recover its attorneys' fees and costs related to that action.
21. SCHOOL CONCURRENCY. Residential dwelling units in excess of the
subject 328 units not addressed in this Agreement will be subject to separate review for school
concurrency purposes as set forth in the Interlocal Agreement.
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22. PAYMENT FEE(S) FORM. This Agreement requires the Applicant/Contract
Purchaser to pay proportionate share mitigation within ninety (90) days of the approval of the
project final site plan. The form attached to and incorporated herein as Exhibit "D", must be
completed and returned to the School Board's Growth Planning Department with all fees due
hereunder to satisfy Section 4 of this Agreement.
(SIGNATURE AND ACKNOWLEDGMENT ON FOLLOWING PAGES)
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IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
WITNESS:
Sign Name
Print Name
Approved as to form and legality:
APPLICANT/CONTRACT PURCHASER
INTEGRA LAND COMPANY, a Florida
corporation
David McDaniel, President
This day of .2022.
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IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
ATTEST:
Ms. Diane Kornegay, Superintendent
Approved as to form and legality:
Mr. Stephen W. Johnson
School Board Attorney
SCHOOL BOARD
Ms. Stephanie Luke, Board Chair
This day of , 2022.
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IN WITNESS THEREOF, the parties hereto have made and executed this agreement on the
respective dates under each signature: The Applicant/Contract Purchaser, City of Clermont,
through the City Council, signing by and through its Mayor, and by the School Board signing by
its duly authorized representative.
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
City Attorney
CITY OF CLERMONT
Mr. Tim Murry, Mayor
This day of , 2022.
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Exhibits
Exhibit A — Legal Description
Exhibit B — Location Map
Exhibit C — Concept Plan/Site Plan
Exhibit D — Proportionate Share Mitigation Payment Form
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Exhibit A — Legal Description
A PORTION OF SECTION 21 TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING EAST OF US HIGHWAY 27, SOUTH OF
SCHOFIELD ROAD LAKE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 21; THENCE S8930'42"W
ALONG THE NORTH LINE OF THE SOUTHEAST 114 OF SAID SEC77ON 21, A DISTANCE OF 1424.92 FEET; THENCE
DEPAR77NG SAID SOUTH LINE RUN S00'13'39 E A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF SCHOFIELD ROAD (120.00' WIDE RIGHT OF WAY PER LAKE COUNTY RIGHT OF WAY MAP) PER OFFICIAL
RECORDS BOOK 5299, PAGE 77 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND TO THE POINT OF
BEGINNING; THENCE RUN S00'13'39"E, A DISTANCE OF 433.99 FEET- THENCE RUN S445639"W, A DISTANCE OF
56.40 FEET; THENCE RUN N89 53'03"W, A DISTANCE OF 297.15 FEET- THENCE RUN S00 06 56"W, A DISTANCE OF
771.53 FEET- THENCE RUN N895420"W, A DISTANCE OF 724.09 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 7851'10", A CHORD BEARING OF
N69'18'01"W AND A CHORD DISTANCE OF 114.32 FEET- THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 123.86 FEET TO THE END OF SAID CURVE; THENCE RUN NO8'32 51 "W, A DISTANCE OF
386.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 230.00 FEET A
CENTRAL ANGLE OF 140651 , A CHORD BEARING OF N012926"W AND A CHORD DISTANCE OF 56.51 FEET- THENCE
RUN NORTHWESTERL Y ALONG THE ARC OF SAID CURVE A DISTANCE OF 56.66 FEET TO THE POINT OF TANGENCY.
THENCE RUN N0533'59 E A DISTANCE OF 126.40 FEET- THENCE RUN N065750 E, A DISTANCE OF 633.68 FEET -
THENCE RUN N8930'42 E ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1137.72 FEET TO THE POINT OF
BEGINNING;
CONTAINING: 1,192,125 SQUARE FEET OR 27.37 ACRES MORE OR LESS.
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Exhibit B — Location Map
N
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Exhibit C — Concept Plan/Site Plan
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Exhibit D — Proportionate Share Mitigation Payment Form
Exhibit D
Proportionate Share Mitigation Payment Form
Section 1
LCS#:
Project Title:
Local Jurisdiction:
Parcel I D's/Alt Keys:
(list all parcel identification numbers or alternate keys that
apply to this agreement project boundaries)
Permit Type:
(Plat, preliminary plat or site plan, final subdivision plan,
etc.)
Section 2
Date:
Name:
Company/Firm:
Contact phone number:
Email Address:
Section 3
Plat/Site Plan Title:
(as 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 Payment
Proportionate Share Mitigation Information
2022-23
Integra Apartments Wellness Way
Clermont
1462436
Site Plan
Applicant Information
(to be completed by Applicant)
Residential Development Project Information
Integra Apartments
328
Multi -family units
Payment Information
$766.964
N/A Previously paid
Instructions
Complete form and return with payment to:
Lake County Schools
Growth Planning Department—Attn: Helen LaValley
201 West Burleigh Boulevard
Tavares, FL 32778
For more information contact Helen LaValley, Growth Planning Department at 352-253-6694 or by email
at lavalleyh@lake.k12.fl.us
9/22/2022
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