Interoffice Memorandum
DATE: November 24, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Joseph C. Kunkel, P. E., Director, Public Works Department
CONTACT: Raymond L.A. Williams, P.E., Manager
PHONE: (407) 836-7909
DIVISION: Engineering Division
ACTION REQUESTED:
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Approval and execution of (1) Construction Agreement by and between Florida Central Railroad Company, LLC and Orange County, Florida in the amount of $1,409,803, (2) Public Road Crossing License Agreement ORAN-33-087 by and between Florida Central Railroad Company, LLC and Orange County in the amount of $4,940, and (3) Compensation and Release Agreement between Florida Central Railroad Company, LLC, Right Angle Media Inc., MAC MEDIA, LLC, and Orange County, Florida in the amount of $214,009 for the construction, use, and maintenance of a new railroad crossing and an existing crossing on the extension of All American Boulevard. District 2. (Engineering Division)
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PROJECT: N/A
PURPOSE:
The Public Works Department plans to construct on All American Boulevard, a new four-lane urban section roadway from the intersection of Edgewater Drive and Clarcona Ocoee Road to just west of Forest City Road. This project will be bundled with the planned improvements to the contiguous western segment of Kennedy Boulevard that extends from just west of Forest City Road to Kingston Court. The project has a combined length and construction cost of 1.9 miles and approximately $41.6M dollars, respectively.
The Public Works Department negotiated three agreements with Florida Central Railroad Company, LLC (FCEN) for the construction, use, and maintenance of a new railroad crossing and an existing railroad crossing on the extension of All American Boulevard. They are (1) Construction Agreement by and between Florida Central Railroad Company, LLC and Orange County, Florida, (2) Public Road Crossing License Agreement ORAN-33-087 by and between Florida Central Railroad Company, LLC and Orange County, and (3) Compensation and Release Agreement between Florida Central Railroad Company, LLC, Right Angle Media, MAC MEDIA and Orange County, Florida.
The Construction Agreement by and between FCEN and Orange County is for the construction, use and, maintenance of the new, proposed railroad crossing that is included in the All American Boulevard segment. The proposed new railroad crossing is to be known as All American Boulevard DOT #926115E and 622396Y over FCEN Orlando, Orange County, Florida. The proposed crossing is located in the vicinity of FCEN Milepost ST 808.58, with additional work at the existing, adjoining crossing on Edgewater Drive, FCEN milepost ST 808.61. The construction of the work within the FCEN right-of-way will be performed by FCEN at the sole cost and expense of the County. An initial estimate of $1,409,803 dollars, subject to change based on actual costs and expenses incurred by FCEN, is detailed in the agreement.
The Public Road Crossing License Agreement ORAN-33-087 by and between FCEN and Orange County is also necessary for the construction of the All American Boulevard project. The agreement grants the County the use of FCEN’s right-of-way without establishing, claiming, or possessing any estate or interest for the benefit of the County and the general public. The license requires the payment of an annual maintenance fee that is initially estimated at $4,940. The license will run for an initial period of one year and thereafter automatically renew for successive one-year periods.
The Compensation and Release Agreement is between FCEN, Right Angle Media, Inc., MAC MEDIA, and Orange County. This agreement is also required for the construction of the All American Boulevard Project. The agreement facilitates the relocation of a billboard and related structures (ODA) that are in conflict with the proposed work in FCEN’s right-of-way at the County’s cost and expense. The cost to demolish the existing ODA and construct a new ODA in a different location within FCEN’s right-of-way is $214,009.
The costs related to the three agreements are in addition to the project construction cost.
All three agreements have been reviewed by the Public Works Engineering Division, Risk Management Division, and the County Attorney’s Office. Risk Management objected to the liability and indemnification provisions and suggested revisions in both the crossing and construction agreements. Risk Management also objected to the indemnification language in the billboard relocation agreement since the County’s only obligation is to pay their share of the relocation expenses. FCEN rejected inclusion of the suggested language and did not agree to limit our liability. The County Attorney’s Office objected to provisions regarding liability exposure and suggested revised language. FCEN also rejected inclusion of the suggested language. The County Attorney’s Office has approved the documents as to form.
The Public Works Department acknowledges the terms of the agreements favor FCEN; however, the County is generally at a disadvantage in its bargaining position due to the superior rights that have historically been granted to railroad companies by the federal government. Therefore, it is very unlikely that the County will be able to negotiate a better balance of risk. All three agreements are necessary for the construction of the All American Boulevard Project.
Construction bids for the All American Boulevard and Kennedy Boulevard (West) bundled project have been received and are currently being evaluated. A recommendation for construction contract approval will be presented to this Board at a future meeting.
In addition, a Joint Participation Agreement with the State of Florida Department of Transportation for the County to advance the construction of the Forest City Road intersection as part of this project was approved by the Board in May 2025.
Therefore, despite the aforementioned comments, reservations, and objections, the Public Works Department is recommending approval of all three Agreements.
BUDGET: N/A