Interoffice Memorandum
DATE: July 12, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Joseph C. Kunkel, P.E., Director, Public Works Department
CONTACT: Jon V. Weiss, P.E., Chairman
PHONE: (407) 836-5393
DIVISION: Roadway Agreement Committee
ACTION REQUESTED:
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Approval and execution of Proportionate Share Agreement for HRPN Building I Avalon Road/CR 545 by and between Hamlin Retail Partners North, LLC and Orange County directing both the proportionate share payment in the amount of $164,068 and future transportation impact fee payments that may be associated with the project to be utilized towards the completion of Avalon Road/CR 545 improvements pursuant to the Amended and Restated Escrow Agreement for Town Center West (Silverleaf). District 1. (Roadway Agreement Committee)
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PROJECT: N/A
PURPOSE:
The Roadway Agreement Committee has reviewed a Proportionate Share Agreement for HRPN Building I Avalon Road/CR 545 (“Agreement”) by and between Hamlin Retail Partners North, LLC and Orange County for a proportionate share payment in the amount of $164,068. Pursuant to Section 163.3180(5)(h), Florida Statutes, an applicant may mitigate capacity deficiencies by entering into a proportionate share agreement and contributing a proportionate share payment. The proportionate share payment is due within 90 days of the effective date of this Agreement.
The Agreement follows the recommendation of the Roadway Agreement Committee providing for the mitigation of road impacts for one deficient trip on the road segment of Avalon Road/CR 545 from Malcom Road to Tilden Road in the amount of $39,888 per trip, two deficient trips on the road segment of Avalon Road/CR 545 from New Independence Parkway to Malcom Road in the amount of $18,053 per trip, and six deficient trips on the road segment of Avalon Road/CR 545 from Porter Road to New Independence Parkway in the amount of $14,679 per trip.
This project is located in the Town Center Village of Horizon West and is subject to the Town Center East Road Network Agreement approved by the Board on December 11, 2011, as amended. Pursuant to the 2011 agreement, trips in excess of the authorized amount may be processed consistent with the County’s concurrency ordinance. The project impacts a deficient segment of Avalon Road/CR 545 and requires a proportionate share payment as mitigation. The particular segment of Avalon Road is a partnership project addressed under the Town Center West (Silverleaf) Road Network Agreement approved by the Board on September 1, 2020, and amended on July 13, 2021. While a typical proportionate share agreement would have the payment come to the County, this Agreement provides that the mitigation payment be delivered to the escrow agent managing the partnership dollars for the Avalon Road project and will be subject to the Amended and Restated Town Center West (Silverleaf) Escrow Agreement for receipt of additional funds as authorized by the County for the completion of Avalon Road/CR 545 improvements. This Agreement also directs any additional impact fee payments for the project to the escrow agent to accelerate the Avalon Road improvements.
The Roadway Agreement Committee recommended approval on June 19, 2024. The Specific Project Expenditure Report and Relationship Disclosure Forms are on file with the Transportation Planning Division.
If you have any questions, please feel free to contact me at 407-836-5393.
BUDGET: N/A