Proportionate Share Mitigation a) In the event that there is not adequate capacity available to support a development, the School Board may entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the local government to mitigate the impact from the development through the creation of additional school capacity.
Proportionate Share Mitigation. (a) The School Board shall consider proportionate share mitigation pursuant to provisions of this Amended Agreement. Such consideration shall be consistent with the mitigation provisions outlined herein and delineated in School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time, regarding public school concurrency. If the proposed mitigation option is accepted and deemed financially feasible by the School Board, the applicant or Local Government shall enter into an enforceable and binding agreement.
Proportionate Share Mitigation. A developer improvement or contribution identified in a binding and enforceable agreement to satisfy the additional student impact created by proposed development containing residential units on deficient public school facilities, as set forth in Section 163.3180(13)(e), Florida Statutes, as amended.
Proportionate Share Mitigation. A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the local government with jurisdiction over the approval of the development order to provide relief for the additional demand on public school facilities created through the residential development of the property, as set forth in Section 163.3180(6)(h).F.S.
Proportionate Share Mitigation. In the event there is not sufficient school capacity available within the adopted LOS to support an Applicant’s development, the School District in coordination with the applicable Local Government(s) may offer the applicant the opportunity to consider proportionate share mitigation options. If an option is accepted by the Applicant, the Applicant, the School Board, and the Local Government shall enter into an enforceable and binding agreement to mitigate the impact from the development through the creation of additional school capacity.
Proportionate Share Mitigation. 13.1 In the event that there is not capacity available at the adopted Levels of Service (LOS) to serve projected student populations of a proposed development, the School Board shall offer Proportionate Share Mitigation options to the Applicant and the School Board and County, or applicable Municipality, may enter into an enforceable and binding agreement with the Applicant to provide said Mitigation. Upon issuance of a Preliminary Concurrency Deficiency Letter, the Applicant may elect to enter into a forty-five (45) day negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional school capacity. The negotiation period commences on the date of the delivery receipt required in Section 12 of this Agreement. The 45 day negotiation period includes the ten day period specified in Section 12.6 of this Agreement and tolls the conclusion of the ten day period to request such a hearing until the conclusion of the negotiation period.
Proportionate Share Mitigation. In the event there is not sufficient FISH Capacity available to support the students generated from the proposed residential development under review, based on the student generation multiplier (SGM) calculation of students as described in Section 13.2(d)4.a, the School Board shall entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the local government and developer to mitigate the impact from the development through the creation of additional FISH Capacity.
Proportionate Share Mitigation. The Parties agree that the payment of Proportionate Share Mitigation in the total amount of $1,967,552.00 for the Development Proposal, or $936.93 per dwelling unit, is an appropriate Proportionate Share Mitigation option necessary to maintain the Level of Service Standard for school capacity in the affected Concurrency Service Area or Concurrency Service Areas. Upon the final execution of this Agreement, the School District shall issue a revised School Concurrency Determination showing adequate mitigation. The duration and effect of this School Concurrency Determination shall be in accordance with the Interlocal Agreement and the Public School Facilities Element. However, in no event shall this School Concurrency Determination, or any capacity reservation based on this Determination, continue to be effective if the Developer fails to perform its obligations under this Agreement. Conversely, once the Developer has completely performed its obligations under this Agreement, the Developer shall be entitled to rely on the School Concurrency Determination and capacity reservation to the extent of the capacity provided by the Proportionate Share Mitigation and once the Developer has completely performed its obligations under this Agreement, such right of reliance shall survive the expiration of this Agreement.
Proportionate Share Mitigation. The Local Governments, in coordination with the School Board, shall provide for mitigation alternatives that are determined by the School Board to achieve and maintain the adopted LOS standard consistent with the School District’s adopted 5-Year District Facilities Work Program.
Proportionate Share Mitigation. The Parties agree that the (NOTE: In the above blank, provide a description of the mitigation option or options being assured by the Agreement, such as: “dedication of forty acres of land for a high school,” “construction of an elementary school in the Concurrency Service Area,” or “payment of $ for the School District to expand Xxxxxx Middle School.”) Exhibit “C” should contain a detailed description of exactly what School Capacity improvement the Applicant is agreeing to provide, including timing, location, monetary value, the type and amount of School Capacity it creates, and other relevant details that will facilitate enforcement, if needed.) described in Exhibit “C” is an appropriate Proportionate Share Mitigation option necessary to maintain the Level of Service Standard for School Capacity in the affected Concurrency Service Area. Upon the execution of this Agreement, the School District shall issue a Finding of Available School Capacity pursuant to Section of the County/City Code of Ordinances. The duration and effect of this Finding of Available School Capacity shall be in accordance with Section of the County/City Code of Ordinances. However, in no event shall this Finding of Available School Capacity, or any School Concurrency Allocation based on this Finding, continue to be effective if the Applicant fails to perform his or her obligations under this Agreement. Conversely, once Applicant has completely performed his or her obligations under this Agreement, Applicant shall be entitled to rely on the Finding of Available School Capacity and School Concurrency Allocation to the extent that they are based on the School Capacity provided by the Proportionate Share Mitigation.
