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File #: 25-137    Version: 1 Name:
Type: Recommendation Status: Passed
File created: 1/7/2025 In control: Public Works Department
On agenda: 1/28/2025 Final action: 1/28/2025
Title: 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)
Attachments: 1. 25-137_First Amendment to Stoneybrook Spirits Hamlin PSA (with Executed Joinder), 2. 2025-01-28 Public Works Department Consent Item-01
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:
title
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)
body

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...

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