Interoffice Memorandum
DATE: January 7, 2025
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 First Amendment to Proportionate Share Agreement for Stoneybrook Spirits Hamlin Avalon Road/CR 545 and Summerlake Park Boulevard by DNC Hamlin Holdings, LLC and Orange County providing for a proportionate share payment in the amount of $120,616 to be directed to the Escrow Agent and utilized towards the completion of Avalon Road/CR 545 improvements pursuant to the terms of 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 the First Amendment to Proportionate Share Agreement for Stoneybrook Spirits Hamlin Avalon Road/CR 545 and Summerlake Park Boulevard (the "First Amendment”) by DNC Hamlin Holdings, LLC and Orange County to amend the certain terms of the Proportionate Share Agreement for Stoneybrook Spirits at Hamlin (the “PS Agreement”) approved by the Board on May 23, 2023, recorded as Doc# 20230302750, Public Records of Orange County, Florida.
The initial Proportionate Share Payment (the “PS Payment”) in the amount of $156,911 was paid in November 2023, subsequently allowing for the approval of the associated Capacity Encumbrance Letter (CEL) application. The CEL approval has since expired. Associated with renewal of the CEL, the County’s analysis of traffic deficiencies determined a new failing roadway to be addressed, resulting in the need for an additional PS payment (the “Additional PS Payment”) in the amount of $120,616. The proportionate share payment is due within 90 days of the effective date of this First Amendment.
The First Amendment serves for the mitigation of road impacts for eight additional deficient trips on the road segment of Summerlake Park Boulevard from Porter Road to Summerlake Groves Boulevard in the amount $15,077 per trip and the issuance of a CEL approval letter as stipulated under the terms of the PS Agreement.
Consistent with the terms of the original PS Agreement, the original PS Payment and future transportation impact fees were to be directed to the Escrow Agent to be utilized towards the completion of the Avalon Road/CR 545 improvements pursuant to the terms of the Amended and Restated Escrow Agreement for Town Center West (Silverleaf). It is requested that the Additional PS Payment also be directed to the Escrow Agent. The Escrow Agent, Shutts & Bowen, LLP has executed a Joinder and Consent to the First Amendment.
The Roadway Agreement Committee recommended approval on December 11, 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