Interoffice Memorandum
DATE: October 28, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Joseph C. Kunkel, P.E., Director, Public Works Department
CONTACT: Renzo Nastasi, AICP, Chairman
PHONE: (407) 836-7964
DIVISION: Roadway Agreement Committee
ACTION REQUESTED:
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Approval and execution of First Amendment to Proportionate Share Agreement for Hamlin SWQ Retail Building G AKA Hamlin SEQ Building E Avalon Road by and between Hamlin Retail Partners II, LLC and Orange County to assign the Original PS Payment to the current mitigation. 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 Hamlin SWQ Retail Building G AKA Hamlin SEQ Building E Avalon Road (the “First Agreement”) by and between Hamlin Retail Partners, LLC and Orange County to amend the certain terms of the Proportionate Share Agreement for Hamlin SWQ Retail Building G (the “PS Agreement”) approved by the Board on September 28, 2021, recorded as Doc No. 20210605628, Public Records of Orange County, Florida.
The initial Proportionate Share Payment (the “Original PS Payment) in the amount of $80,691 was paid in March 2022, subsequently allowing for the approval of the associated Capacity Encumbrance Letter (CEL) application. The CEL approval has since expired, necessitating reapplication of the CEL. 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). The Escrow Agent, Shutts & Bowen, LLP has executed a Joinder and Consent to the First Amendment.
The First Amendment serves for the mitigation of road impacts for two deficient trips on the road segment of Avalon Road from Porter Road to New Independence Parkway in the amount $17,339 per trip and two deficient trips on the segment of Avalon Road from New Independence Parkway to Malcom Road in the amount of $22,616. The current mitigation totals $79,910. The Owner and County have agreed to assign the Original PS Payment to the current mitigation.
The Roadway Agreement Committee recommended approval on October 1, 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 407-836-7964.
BUDGET: N/A