Interoffice Memorandum
DATE: January 21, 2026
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Joseph C. Kunkel, P.E., Director, Public Works Department
CONTACT: Susan Ussach, P.E., Deputy Director
PHONE: (407) 836-7965
DIVISION: N/A
ACTION REQUESTED:
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Approval and execution of (1) Pedestrian Bridge Agreement (Construction, Operation, Maintenance and Ownership) by and between Silver City Properties, LTD, SCPAD Phase 1, LLC, University Place Properties, LLC, University Park Associates LLLP, and Orange County, Florida related to the Full Sail Pedestrian Bridge, and (2) Pedestrian Bridge Escrow Agreement by and among Silver City Properties, LTD, Orange County, and Orange County Comptroller to hold funds and disburse payments associated with the County’s costs for maintenance of the pedestrian bridge. District 5.
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PROJECT: N/A
PURPOSE:
Staff have reviewed two agreements associated with the proposed construction, operation, maintenance, and ownership of a pedestrian bridge over University Boulevard at the Full Sail University campus. The first agreement is the Pedestrian Bridge Agreement (Construction, Operation, Maintenance and Ownership) (“Pedestrian Bridge Agreement”) by and between Silver City Properties, LTD, SCPAD Phase 1, LLC, University Place Properties, LLC, University Park Associates LLLP, and Orange County. The second agreement is the Pedestrian Bridge Escrow Agreement (“Escrow Agreement”) by and among Silver City Properties, LTD. (Owner), Orange County and Orange County Comptroller (Escrow Agent).
The developer has received County approvals for a mixed-use student housing project consisting of up to 1,800 beds and 6,375 sq. ft. of commercial uses on a 13.1-acre site on University Boulevard, east of Semoran Boulevard, and west of North Forsyth Road. As detailed in the Pedestrian Bridge Agreement, the construction of the pedestrian bridge is a condition of approval associated with the Silver City Properties PD (Case # CDR-24-05-127) approved by the Board on September 10, 2024, and Silver City Properties PD/Lot 4 Phase 1 Student Housing DP (Case # DP-24-10-242) approved by the Board on May 6, 2025. In those conditions, these agreements are required to be approved prior to the County’s issuance of the first building permit associated with the project and must be considered along with a proportionate share agreement for the development.
The Pedestrian Bridge Agreement addresses the design and construction of the overhead pedestrian bridge, including Owner requested enhanced aesthetic features, if approved by County and permitted by law, crossing University Boulevard, which shall initially be at the developer’s sole cost and expense. The pedestrian bridge design shall meet or exceed Florida Department of Transportation (FDOT) standards and shall be subject to an independent structural peer review by a licensed Florida Structural Engineer. The developer shall also be responsible for funding this peer review selected by the County, as well as funding a certified engineering and inspection firm for the bridge construction work on behalf of the County. Following final completion of the bridge construction by the developer, including median improvements to University Boulevard to minimize at-grade pedestrian crossings, ownership of the bridge will be transferred to Orange County with a one-year warranty. Appropriate easements for the pedestrian bridge, including staircases, landings, and access ramps, will also be conveyed to Orange County. All necessary right of way permits will be obtained to facilitate private construction of the pedestrian bridge that will be open to and serve the public.
Section 6 of the Pedestrian Bridge Agreement addresses required maintenance, regular inspection, and utilities of the pedestrian bridge, which will ultimately be owned and maintained by Orange County. A future Maintenance Agreement will be required which addresses the developer’s obligation to fully fund all expected structural maintenance costs associated with the bridge, including any Owner requested enhanced maintenance. Following receipt of future FDOT inspection reports, the County will develop a bridge maintenance work program, funds for which will be placed by the developer into an escrow account for use by the County. Incidental maintenance activities such as trash collection and regular cleaning of the bridge will remain the responsibility of the developer at their sole cost and expense.
Lastly, the Pedestrian Bridge Agreement addresses provisions related to the physical connection of signage to the Pedestrian Bridge as well as the consideration for decorative murals (paintings) on the Pedestrian Bridge if allowed by law and approved by the County. The Pedestrian Bridge Agreement also includes hold harmless and indemnification terms, insurance requirements during and following completion of construction, remedies in the event of default or failure to perform by either party, and other miscellaneous and administrative provisions.
The Pedestrian Bridge Agreement includes references to separate agreements detailing the County’s funding participation in the construction costs of the pedestrian bridge. These agreements include an Alternative Mitigation and Proportionate Share Agreement and the associated Escrow Agreement also placed on the Board’s February 10, 2026 agenda for consideration. All four agreements must be approved together. The County’s funding participation towards the pedestrian bridge is limited to $1,961,386. All bridge construction costs above this amount are to be borne by the developer.
The proposed pedestrian bridge is consistent with the County’s “Vison Zero” initiative of prioritizing pedestrian safety. Pursuant to the County’s University Boulevard Pedestrian/Cyclist Safety Study, the County has plans to install and construct certain pedestrian safety improvements within the project area, including at-grade pedestrian crosswalks, including a pedestrian crossing in the general location of the proposed pedestrian bridge. The proposed pedestrian bridge will be a safer crossing option than at-grade crosswalks.
As required by the Pedestrian Bridge Agreement, the Pedestrian Bridge Escrow Agreement assigns the Office of the Comptroller the duty as escrow agent and establishes an escrow account for the Comptroller to administer on behalf of the County. After acceptance of ownership of the Pedestrian Bridge by the County, the Developer is required to make five yearly payments in the form of a Letter of Credit to be held in escrow by the Comptroller. In addition, the Developer will be required to timely deposit cash to the escrow account for payment of all Pedestrian Bridge maintenance costs for the useful life of the Pedestrian Bridge.
The Pedestrian Bridge Agreement and Escrow Agreement have been reviewed as to form by the County Attorney’s Office, Orange County Comptroller’s Office, and Risk Management.
BUDGET: N/A