Subject:
Title
Educational Facilities Impact Fee Agreement - School Board and Lennar Corporation
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Fiscal Impact:
The fiscal impact is neutral as the School District has already received educational impact fees for 300 residential units ($1,528,950) for which Lennar will be credited relating to future Lennar development activity in south Brevard.
Dept/Office:
County Attorney’s Office / Planning & Development
Requested Action:
Recommendation
It is requested that the Board approve and authorize the Chair to execute the Agreement.
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Summary Explanation and Background:
Lennar Corporation (“Lennar”) is developing an 840-unit residential single-family 55+ active adult community in the City of Palm Bay originally known as “Medley at Everlands,” and currently know as “Timbers at Everlands” (“Everlands”). On June 24, 2021, the School District formally issued an exemption letter for the Everlands development, acknowledging an exemption from the requirements of school concurrency (the payment of school impact fees) because it is an age-restricted, active adult community for residents 55 or older. Neither Lennar, the School District, nor the City notified Brevard County staff of this exemption.
Educational Facilities Impact Fees are paid directly to Brevard County, which then transmits the impact fees (less an administrative fee) to the School District each quarter to be applied by the School Board to school capacity projects. Lennar voluntarily but mistakenly paid Educational Facilities Impact Fees to the County for 300 residential units in the Everlands development totaling $1,528,950 between November 2023 and May 2025.
The Educational Facilities Impact Fees mistakenly paid by Lennar to Brevard County have already been transmitted to the School District and applied to school capacity projects in south Brevard County. The funds mistakenly paid by Lennar are not retained nor are they available for refund or reimbursement.
Brevard County and School District staff worked with Lennar to develop an Educational Facilities Impact Fee Credit Agreement that will allow Lennar to recover the mistaken payments as credits against impact fees within the unincorporated area in the South Impact Fee Benefit District and/or within the City of Palm Bay (which is also in the South Impact Fee Benefit District). The credits will be administered by the County with a reconciliation report provided to the School District with each quarterly Educational Facilities Impact Fee disbursement.
Clerk to the Board Instructions:
Return a signed Educational Facilities Impact Fee Credit Agreement to the County Attorney’s Office for recording. Pursuant to the terms of the Agreement, the County shall provide recording information to the School District and Lennar within five business days of recordation.