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3.
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File #: 25-465    Version: 1 Name:
Type: Recommendation Status: Passed
File created: 3/5/2025 In control: Public Works Department
On agenda: 3/25/2025 Final action: 3/25/2025
Title: Approval and execution of Amended and Restated Proportionate Share Agreement for Windermere Cay Phase 3 Ficquette Road, Reams Road, Summerlake Park Boulevard & Winter Garden-Vineland Road by and between Timberlock Partners II, LP and Orange County for a revised proportionate share payment in the amount of $1,549,434. District 1. (Roadway Agreement Committee)
Attachments: 1. 25-465_3.25.25_ - Windermere Cay Phase 3 Amended & Restated PSA, 2. 2025-03-25 Public Works Department Consent Item-04

Interoffice Memorandum

 

DATE: March 5, 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:

title

Approval and execution of Amended and Restated Proportionate Share Agreement for Windermere Cay Phase 3 Ficquette Road, Reams Road, Summerlake Park Boulevard & Winter Garden-Vineland Road by and between Timberlock Partners II, LP and Orange County for a revised proportionate share payment in the amount of $1,549,434.  District 1. (Roadway Agreement Committee)

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PROJECT:
N/A

 

PURPOSE:
The Roadway Agreement Committee has reviewed an Amended and Restated Proportionate Share Agreement for Windermere Cay Phase 3 Ficquette Road, Reams Road, Summerlake Park Boulevard & Winter Garden-Vineland Road (the "Amended and Restated Agreement”) by and between Timberlock Partners II, LP and Orange County to the amend certain terms of the Proportionate Share Agreement for Windermere Cay Phase 3 (the “Existing Agreement”) approved by the Board on November 15, 2019, recorded as Instrument No. 20190723069, Public Records of Orange County, Florida. 

The Existing Agreement called for a proportionate share payment in the amount of $269,536, which was made by the Owner to the County, subsequently allowing for the approval of the associated Capacity Encumbrance Letter (CEL) application. The CEL approval has since expired. A revision of the CEL application was made resulting in a revised Proportionate Share Payment in the amount of $1,818,970. The previously paid proportionate share payment of $269,536 will be applied toward the revised proportionate share payment, leaving a remaining balance in the amount of $1,549,434 to be paid within 90 days of the effective date of this Amended and Restated Agreement. The expiration and revision of the CEL application necessitates the need for this Amended and Restated Agreement.  

The Amended and Restated Agreement serves for the additional mitigation of road impacts for eight deficient trips on the road segment of Ficquette Road from Summerlake Park Boulevard/Reams Road to Overstreet Road in the amount of $32,793 per trip, 29 deficient trips on the road segment of Reams Road from Summerlake Park Boulevard to Floridian Place in the amount of $32,604 per trip, eight additional deficient trips on the road segment of Reams Road from Floridian Place to Taborfield Avenue in the amount of $25,820 per trip, four additional deficient trips on the road segment of Summerlake Park Boulevard from Porter Road to Summerlake Groves Street in the amount of $15,077 per trip, three additional deficient trips on the road segment of Winter Garden-Vineland Road from Sunset Boulevard to Silverlake Park Drive in the amount of $48,734 per trip, two additional deficient trips on the road segment of Winter Garden-Vineland Road from Reams Road to Chase Road in the amount of $41,905 per trip, and two additional deficient trips on the road segment of Winter Garden-Vineland Road from Chase Road to Ficquette Road in the amount of $57,115 per trip.

The Roadway Agreement Committee recommended approval on February 12, 2025. 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