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available School Facility Capacity will not be in place or under actual construction within <br />three (3) years after the approval of the Development Proposal: and <br />WHEREAS, the Parties agree that authorizing these new residential dwelling <br />units will result in a failure of the Level of Service Standard for School Facility Capacity <br />in the applicable Concurrency Service Area, or will exacerbate existing deficiencies in <br />Level of Service Standards: and <br />WHEREAS, the Parties agree that Public School Concurrency shall be satisfied <br />by the Applicant's execution of this legally binding Agreement and full compliance <br />therewith, to provide mitigation proportionate to the demand for Public School Facilities <br />to be created by these new residential dwelling units: and <br />WHEREAS, the Parties agree that the Applicant has selected as the Proportionate <br />Share Mitigation option, the full capital cost of a public school project, comprised of one <br />(1) elementary school classroom of twenty -two (22) student stations ( "Monetary <br />Proportionate Share Mitigation "), which will be added to the first three (3) years of the <br />School District's Facilities Work Program, as well as an additional Voluntary <br />Contribution, as defined herein below: and <br />WHEREAS, the Parties further agree that the Applicant shall pay the Monetary <br />Proportionate Share Mitigation funding as further stipulated herein: and <br />WHEREAS, The School Board of Miami -Dade County, Florida, has authorized <br />the execution of this Agreement in accordance with Board Item F- , Board Action No. <br />, at its meeting of , 20 : and <br />SCHOOL BOARD /Proportionate Share Mitigation Agreement for Muse tSP3114053000892) Page 3 of 26 <br />Revised 12 -02 -2014 <br />