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Purchase Funds, and transfer of Capacity Credits to the Applicant, the School District shall issue a Finding of Available School Facility Capacity ("Finding")pursuant to the ILA. The duration and effect of this Finding shall be in accordance with the ILA. However, in no event shall this Finding, or -any allocation of student seats based on this Finding ("School Ctncurrency Allocation"), continue to be effective if the Applicant fail—Q,e' rform his/her/its obligations under this Agreement. Converse , o Appl nt has completely performed his/her/its obligations uncle I its A eeme t, Applicant shall be entitled to rely on the Finding an.,,w wC Schoo rrs' t ency Allocation, . :. subject to the terms and conditions state herei 2 JIn the event Applicant fails As to pay the Monetary Proportionatra.�; t Ligation Payment as provided for herein, the School Distric -4 its sole oj.n, may cancel this Agreement and return the Capacity „ -dit 't a Mitigation Bank. Issuance of a Finding by the School Dist e h.- Lbe a p e-condition to issuance of building permits by the City for - subjec'i©8velopment Proposal. a 5. 8;. CA ' ONAL FACILITIES IMPACT FEE CREDIT. As A l \ `xv consid t:q. ' ..the Applicant's Monetary Proportionate Share Mitigation specified h-re't;,, a r ies agree that the School District shall provide a credit toward any r Educatio -1*- Facilities Impact Fee(s) ("Impact Fee") imposed by Miami-Dade County ("County") ordinance for construction of the Development Proposal ("Impact Fee Credit"). The estimated value of the Impact Fee Credit shall be One Hundred Fifty Eight Thousand One Hundred Eighty Six Dollars ($158,186), which is the result of multiplying Twenty Two Thousand Five Hundred Fifty Eight Dollars ($22,598) (the purchase price --. 4 SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — BEACH CLUB ACQUISITION,LLC AGREEMENT—DRAFT#2-5/14/2015 Page 7 of 22