Contract 2023-085A2023-085A
Return to:
Helen LaValley
Lake County Schools — Growth Planning Dept.
201 W. Burleigh Blvd.
Tavares, FL 32778
PROPORTIONATE SHARE MITIGATION AGREEMENT
Project Name: Chicone — Wellness Way
School Concurrency Case# 2022-40
THIS PROPORTIONATE SHARE MITIGATION AGREEMENT, is entered into by and between
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"), Pulte Home Company, a
Michigan limited liability corporation, whose address is 4901 Vineland Road, Suite 500, Orlando, Florida
32811, ("Applicant"); and the City of Clermont, a Florida municipal corporation, whose address is 685
West Montrose Street, Clermont, FL 34711 ("City"). School Board, Applicant, and City may also be
referred to herein each as a "Party".
WHEREAS, 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, Applicant is the contract purchaser of those certain tract(s) of land located in Clermont,
Florida, commonly identified by Alternate Keys 1029198, 1029201, 1070970, 1122848, 1594545,
2689919 more particularly described on Exhibit "A" attached hereto, and illustratively depicted on
Exhibit "B" attached hereto (the "Property").
WHEREAS, Applicant has requested City rezone the Property and allow development of nine hundred
forty-eight (948) 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, School Board has determined the anticipated deficit created by the Project as of the date of
School Board's capacity review is forty-three (43) high school students (the "Capacity Deficit").
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WHEREAS, City's approval of the final site plan without requiring mitigation of the Capacity Deficit
will either create or worsen school overcrowding.
WHEREAS, the Applicant has agreed to enter into this Agreement to provide mitigation proportionate
to the demand on Public School Facilities to be 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, Applicant, and City 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 Applicant by delivering a sworn affidavit to School Board and City, no later than thirty (30) days prior
to the Expiration Date, that demonstrates Applicant's good faith efforts to obtain all development
approvals required to proceed with the Project, and (ii) School Board and City each agree to extend the
term of this Agreement. Any extension of this Agreement shall be evidenced by an Amendment to this
Agreement signed by Applicant, School Board, and City and recorded, at Applicant's sole expense, in
the public records of Lake County, Florida.
4. Mitigation Payment. Applicant shall pay to School Board the cost to mitigate the Capacity
Deficit as follows:
a. Amount. Applicant's proportionate share mitigation payment is One Million Four
Hundred Ninety -Nine Thousand Sixty -Six and 00/100 Dollars ($1,499,066.00 USD) (the
"Mitigation Payment"). The Mitigation Payment is the product of the Capacity Deficit
multiplied by the applicable Cost of Student Station (i.e. 43 x $34,862.00 =
$1,499,066.00).
b. Due Date. The Mitigation Payment shall be made no more than ninety (90) days after
final site plan approval by City for the Project or prior to recording a plat, whichever is
applicable (the "Due Date"). This provision shall survive the expiration of this
Agreement.
c. Delivery Instructions. Applicant shall deliver the Mitigation Payment with the
completed payment form, a copy of which is attached hereto as Exhibit "D", to School
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Board's Growth Planning Department at 201 West Burleigh Boulevard, Tavares, FL
32778.
S. Mitigation Payment Credit. The Mitigation Payment shall be credited against the total
educational impact fees due for the Project. Applicant 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,
Applicant shall not be entitled to a credit for the Mitigation Payment unless and until such payment is
actually made and delivered to School Board. School Board will notify all applicable local governments
once the Mitigation Payment is received by School Board.
6. Termination. This Agreement shall automatically terminate if (a) City does not approve
Applicant's requested rezoning of the Property within one hundred eighty (180) days of the Effective Date
of this Agreement, or (b) Applicant fails to fully pay the Mitigation Payment when due hereunder and
such breach remains uncured for a period of thirty (30) days.
7. Effect of Termination. Except as otherwise provided for herein, if this Agreement is terminated,
then Applicant and School Board shall have no further duties or obligations hereunder and Applicant
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. Applicant, School Board, and City 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 City
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 Applicant, School Board, City, and their respective successors and assigns. Notwithstanding
anything contained herein to the contrary, Applicant may only assign its rights or obligations contained
herein to a successor in fee simple title to the Property after obtaining the prior written consent of School
Board and City. Any such assignment shall be evidenced by an instrument signed by Applicant, accepted
by Applicant's assignee, consented to by School Board and City, and recorded, at Applicant's sole
expense, in the public records of Lake County, Florida.
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:
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If to School Board: School Board of Lake County
Attn: Superintendent of Schools
201 West Burleigh Blvd.
Tavares, FL 32778
Email contact— lavalleyh@lake.kl2.fl.us
If to City: City of Clermont
Attn: City Manager
685 West Montrose St.
Clermont, FL 34711
If to Applicant: Pulte Home Company, LLC
Attn: Mr. Aaron Struckmeyer
4901 Vineland Road, Suite 500
Orlando, FL 32811
Email contact: Aaron.Struckmeyer@PulteGroup.com
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
Party's e-mail address shown above and the e-mail message is not returned to the sender as being
undeliverable.
H . Incorporation. All exhibits attached hereto are fully incorporated herein and made a part hereof.
12. Recording of this Agreement. Applicant shall submit this Agreement to the Lake County Clerk
of Court for recording, at Applicant's sole expense, in the public records of Lake County, Florida within
ten (10) days after full execution by Applicant, School Board, and City. 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 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.
14. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire
agreement between and among Applicant, School Board, and City, 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.
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15. Construction. This Agreement shall be construed as if Applicant, School Board, and City 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 Applicant, School Board, and City 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 Applicant, School Board, and City 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. Applicant,
School Board, and City 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 Applicant,
School Board, and City hereby waive any challenge to personal jurisdiction or venue in such courts.
20. Prevailing Party Attorney's Fees. If Applicant, School Board, or City 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 Applicant shall submit
a separate application for such increase, which shall be subject to a separate review for school
concurrency purposes.
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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.
IN WITNESS WHEREOF, Applicant, School Board, and City have executed this Agreement as of the
dates set forth below.
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Pulte Home Company, a Michigan
limited liability company
By:
Aaron Struckmeyer
As: Director of Land Development
Date: 5-1e1z'hZ3
-, ,
The School oard of LAke-Goutiy, Florida
By:
W ;11aA�' A1d cl
5
Date:
Attest•
Diane Komegay2�erintendent
City of Clermont, Florida
By:
Tim Murry, yor
Date: —1 —2—S— znz�
Attest:
Howe, City Clerk
Page 6 of 14 it
Exhibit "A" — Chicone PUD Legal Description
Parcel IDs: 24-23-26-0001-000-00100; 24-23-26-0002-000-00600; 24-23-26-0002-000-01200
24-23-26-0001-000-00200, 24-23-26-0001-000-00300-1 24-23-26-0001-000-00400
PARCEL 1:
The Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 24, Township 23
South, Range 26 East, Lake County, Florida, lying South of a right-of-way for a road which
right-of-way is described as follows: Beginning 1348 feet South of the Northeast corner
of Section 24, Township 23 South, Range 26 East; run thence Westerly 2590 feet to a
point 1369 feet due South of the North line of Section 24; run thence Northwest to a point
on the North and South center Section line of Section 24, 1325 feet South of the North
1/4 corner of said Section 24; run thence West to the East boundary of the West 1/2 of
the Northwest 1/4 of said Section 24; thence South along said East line of the West 1/2
of the Northwest 1/4 of said Section 24, 20 feet; thence East to a point on the North and
South center line of Section 24, 1345 feet South of the North 1/4 corner of said Section
24; thence Southeasterly to a point 1389 feet due South of the North line of said Section
24; thence Easterly 2590 feet to a point on the East line of said Section 24, 1368 feet
South of the Northeast corner of said Section 24; thence North 20 feet to the Point of
Beginning. Also a perpetual easement and right-of-way for ingress and egress over and
upon the land lying within aforesaid right-of-way.
PARCEL 2:
The Northwest 114 of the Northwest 1/4 of Section 24 and the East 15 feet of the Northeast
1/4 of the Northeast 1/4 of Section 23 all in Township 23 South, Range 26 East, Lake
County. Florida.
and
The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 24, Township 23 South,
Range 26 East, in Lake County, Florida.
and
The North 1/2 of the Northeast 1/4 of the Northwest 1/4, and the North 1/2 of the North
1/2 of the Northeast 1/4, all in Section 24, Township 23 South, Range 26 East, Lake
County, Florida.
and
The South 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 24, Township 23
South, Range 26 East, Lake County, Florida.
and
The South 1/2 of the Northeast 1/4 of the Northwest 1/4, and the South 1/2 of the North
1/2 of the Northeast 1/4, plus the strip of land lying North of the center line of the clay
road, along the Northern line of the South 1/2 of the Northeast 1/4, all in Section 24,
Township 23 South, Range 26 East, Lake County, Florida.
LESS AND EXCEPT: The Westerly 45.00 feet of the Southerly 35.00 feet of the Northerly
48.00 feet of the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 23 South,
Range 26 East, Lake County, Florida.
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Ross Parcels
The Southwest 1/4 of the Northwest 1/4 of Section 24, and the East 15 feet of the
Southeast 1/4 of the Northeast 1/4 of Section 23, all in Township 23 South, Range 26
East, in Lake County, Florida.
Fabry Parcel 1
All that part of the SW 1/4 of the NE 1/4 of Section 24, Township 23 South, Range 26
East, lying South of a right of way for road which right of way is described as follows:
Beginning 1348 feet South of the Northeast corner of Section 24, Township 23 South,
Range 26 East, run thence Westerly 2590 feet to a point 1369 feet due South of the North
line of Section 24, run thence Northwest to a point on the North and South center Section
line of Section 24, 1325 feet South of the North 1/4 corner of said Section 24, run thence
West to the East boundary of the West 1/2 of the NW 1/4 of said Section 24, thence South
along said East line of the West 1/2 of the NW 1/4 of said Section 24, 20 feet, thence East
to a point on the North and South center line of said Section 24, 1345 feet South of the
North 1/4 corner of said Section 24, thence Southeasterly to a point 1389 feet due South
of the North line of said Section 24, thence Easterly 2590 feet to a point on the East line
of said Section 24, 1368 feet South of the Northeast corner of said Section 24, thence
North 20 feet to the Point of Beginning, said lands lying and being in Lake County, Florida.
ALSO a perpetual easement and right of way for ingress and egress over and upon the
lands lying within the aforesaid right of way, said land lying and being in Lake County,
Florida.
Fabry Parcel 2
West 1/2 of North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 24, Township
23 South, Range 26 East, lying South of a right of way for road which right of way is
described as follows: Beginning 1348 feet South of the Northeast corner of Section 24,
Township 23 South, Range 26 East, run thence Westerly 2590 feet to a point 1369 feet
due South of the North line of Section 24, run thence Northwest to a point on the North
and South center Section line of Section 24, 1325 feet South of the North 1/4 corner of
said Section 24, run thence West to the East boundary of the West 1/2 of the NW 1/4 of
said Section 24, thence South along said East line of the West 1/2 of the NW 1/4 of said
Section 24, 20 feet, thence East to a point on the North and South center line of said
Section 24, 1345 feet South of the North 1/4 corner of said Section 24, thence
Southeasterly to a point 1389 feet due South of the North line of said Section 24, thence
Easterly 2590 feet to a point on the East line of said Section 24, 1368 feet South of the
Northeast corner of said Section 24, thence North 20 feet to the Point of Beginning, said
lands lying and being in Lake County, Florida. ALSO a perpetual easement and right of
way for ingress and egress over and upon the lands lying within the aforesaid right of
way, said land lying and being in Lake County, Florida.
Property as shown hereon contains: 13,220,321 square feet or 303.50 acres more or less
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Exhibit "B" — Location Map
Chicone PUD
Orange County
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Exhibit "C" — Master Site Plan
Chicone PUD
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Exhibit D
Proportionate Share Mitigation Payment Form
Section 1
LCS#:
Project Title:
pLocal Jurisdiction:
Parcel ID's/Alt Keys:
(list all parcel identification numbers or alternate keys that
apply to this agreement project boundaries)
Proportionate Share Mitigation Information
2022-40
Chicone PUD - Wellness Way
Clermont
1029198 1029201 1070970 1122848
1594545 2689919
Permit Type: Final Plat
(Plat, preliminary plat or site plan, final subdivision plan, 6 Phases
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 em
Section 4
Applicant Information
(to be completed by Applicant for each payment)
Residential Development Proiect Information
Chicone PUD - Wellness Way
948
Multi -fames units and Single Family
Pavment Information
Payment Amount: $1,499,066.00
Mitigation Review Fee (if applicable): N/A Previously paid
Total Amount of This Payment - $
Please Indicate which phase this payment is for when submitting this form.
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
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