Common use of Proportionate Share Mitigation Clause in Contracts

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. b) When the student impacts from a proposed development would cause the adopted Level of Service to fail, the developer’s proportionate share mitigation for the development will be based on the number of additional student stations necessary to meet the established level of service. The amount to be paid will be calculated utilizing the cost per student station allocations for elementary, middle and high school, as established by the Florida Department of Education, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s Educational Facilities Plan (EFP) 1) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (Development studentsª - Available Capacity) x Total Cost¹ per student station Where ªDevelopment students = Students generated by development that are assigned to that school ¹Total Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s EFP.

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. b) When the student impacts from a proposed development would cause the adopted Level of Service to fail, the developer’s proportionate share mitigation for the development will be based on the number of additional student stations necessary to meet the established level of service. The amount to be paid will be calculated utilizing the cost per student station allocations for elementary, middle and high school, as established by the Florida Department of Education, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s Educational Five Year Capital Facilities Plan (EFP)Plan. 1) The methodology used to calculate a developer’s proportionate share mitigation shall be as follows: Proportionate Share = (Development studentsª - Available Capacity) x Total Cost¹ per student station Where ªDevelopment students = Students generated by development that are assigned to that school ¹Total Cost = the cost per student station as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District’s EFPFive-Year Capital Facilities Plan.