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AGENDA

Orange County Government• Board of County Commissioners• 201 South Rosalind Avenue
County Commission Chambers • 11st Floor• County Administration Center
www.OrangeCountyFL.net

TUESDAY, JANUARY 24, 2023

MEETING STARTS AT 9:00 a.m.

• Invocation – District 6
• Pledge of Allegiance
• Presentation of a proclamation recognizing February as Black History Month
• Presentation of a proclamation designating February 3, 2023 as School
Crossing Guard Appreciation Day
• Presentation of a proclamation recognizing January 27, 2023 as International
Holocaust Remembrance Day
• Public Comment*

I. CONSENT AGENDA

A. COUNTY COMPTROLLER

1. Approval and execution of the minutes of the December 13, 2022 meeting of the
Board of County Commissioners. (Clerk’s Office) Page 19
2. Approval of the check register authorizing the most recently disbursed County
funds, having been certified that same have not been drawn on overexpended
accounts. (Finance/Accounting) Page 19

CONTINUED

*Pursuant to Section 209 of the Orange County Charter, as amended on Nov. 4, 2008, the Board of County Commissioners
must set aside at least 15 minutes at the beginning of each regular meeting for citizens to speak to the Board on any matter
of public interest under the Board's authority and jurisdiction, regardless of whether the public issue is on the Board's
agenda, but excluding matters that are not appropriate for public discussion, such as pending procurement or land use
issues.

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

B. COUNTY ADMINISTRATOR

1. Approval and execution of Memorandum of Agreement between Orange County


and the Jerry B. Haddock Lodge #86, Fraternal Order of Police. (Human
Resources Division) Page 20-21
2. Approval and execution of Memorandum of Agreement between Orange County
and the Florida State Lodge Fraternal Order of Police, Inc. (Human Resources
Division) Page 22-23
3. Approval and execution of Memorandum of Agreement between Orange County
and the American Federation of State, County and Municipal Employees, AFL-
CIO. (Human Resources Division) Page 24-27
4. Approval and execution of Memorandum of Agreement between Orange County,
Florida and the Laborers’ International Union of North America Local 517. (Human
Resources Division) Page 28-29
5. Note: This item will be pulled to be considered with the matter that is the
subject of Public Hearing F.9.
Approval and execution of Amendment No. 1 Service Funding Agreement Fiscal
Year 2022-2023 by and between Orange County, Florida and Legal Aid Society of
the Orange County Bar Association, Inc. (Office of Management and Budget)
Page 30-35
6. Approval to pay the second quarter billing for the Orange County Property
Appraiser in the amount of $3,315,948.62. (Office of Management and Budget)
Page 36-37
7. Approval of budget amendments #23-08, #23-09, and #23-10. (Office of
Management and Budget) Page 38-41
8. Approval of budget transfer #23C-0049. (Office of Management and Budget)
Page 42-43
9. Approval of CIP amendment #23C-0049. (Office of Management and Budget)
Page 44-45

C. COUNTY ATTORNEY

1. Approval and execution of Resolution of the Orange County Board of County


Commissioners regarding the appointment of the 2024 Orange County Charter
Review Commission. Page 46-50

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

D. ADMINISTRATIVE SERVICES DEPARTMENT

1. Approval to award Invitation for Bids Y22-1060-AV, Landscape Management of


Active and Inactive Southern Water Plant Locations, to the low responsive and
responsible bidder, Quisqueya Landscaping Services, LLC. The estimated contract
award amount is $427,020 for a three-year term. ([Utilities Department Water
Division] Procurement Division) Page 51-53
2. Approval to award Invitation for Bids Y22-7015-RC, Orange County Public Works
Building 2 and 5 Roof Replacement, to the low responsive and responsible bidder,
Atlas Apex Roofing, LLC. The total contract award amount is $952,000.
([Administrative Services Department Capital Projects Division] Procurement
Division) Page 54-58
3. Approval to award Invitation for Bids Y22-7049-ZR, Utilities Pump Stations
Improvements Package 42, to the low responsive and responsible bidder, Prime
Construction Group, Inc. The total contract award amount is $3,525,525. ([Utilities
Department Engineering Division] Procurement Division) Page 59-63
4. Approval to award Invitation for Bids Y23-704-CC, Regional History Center Computer
Room Air Conditioner Units Replacement, to the low responsive and responsible
bidder, Air Mechanical & Service Corp. The total contract award amount is $665,000.
([Administrative Services Department Capital Projects Division] Procurement
Division) Page 64-68
5. Approval to award Invitation for Bids Y23-708-MB, Courthouse Additional Vendor
Parking, to the low responsive and responsible bidder, Valencia Construction Group,
Inc. The total contract award amount is $523,023. ([Administrative Services
Department Capital Projects Division] Procurement Division) Page 69-72
6. Approval of Contract Y23-158, Maintenance and Support of Internet Based Orange
County Water Resource Atlas, with the University of South Florida, in the not-to-
exceed amount of $276,160 for a four-year term. ([Planning, Environmental, and
Development Services Department Environmental Protection Division]
Procurement Division) Page 73-74
7. Approval of Contract Y23-2027, Domestic Violence Childcare Program, with
Community Coordinated Care for Children, Inc., in the total contract award amount
of $1,000,000 for a two-year term. ([Community and Family Services Department
Citizens’ Commission for Children Division] Procurement Division) Page 75
8. Approval of Amendment No. 9, Contract Y18-180A, Ryan White Part A Medical Case
Management and Referral for Healthcare and Support Services, with Center for
Multicultural Wellness and Prevention, Inc., in the amount of $100,000, for a revised
estimated contract amount of $576,845. ([Health Services Department Fiscal and
Operational Support Division] Procurement Division) Page 76-77

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

D. ADMINISTRATIVE SERVICES DEPARTMENT (Continued)

9. Approval of Amendment No. 8, Contract Y18-180C, Ryan White Part A Medical Case
Management and Referral for Healthcare and Support Services, with Miracle of Love,
Inc., in the amount of $80,000, for a revised estimated contract amount of
$1,033,274. ([Health Services Department Fiscal and Operational Support Division]
Procurement Division) Page 78-79
10. Approval of Amendment No. 5, Contract Y20-1067A, Plumbing Services, with Frank
Gay Services, LLC, in the amount of $320,000, for a revised estimated contract
amount of $1,168,079.50. ([Administrative Services Department Facilities
Management Division] Procurement Division) Page 80-81
11. Approval of Amendment No. 3, Contract Y20-1067C, Plumbing Services, with Frank
Gay Services, LLC, in the amount of $221,875, for a revised estimated contract
amount of $750,625. ([Administrative Services Department Facilities Management
Division] Procurement Division) Page 82
12. Approval of Amendment No. 2, Contract Y20-828, Final Engineering Services for
Lake Apopka Trail Connector (from Lake Apopka Loop to West Orange Trail), with
WBQ Design & Engineering, Inc., in the amount of $217,796.65, for a revised total
contract amount of $1,505,189.83. ([Public Works Department Engineering Division]
Procurement Division) Page 83
13. Approval of Amendment No. 5, Contract Y20-2019, Provision of Community Services
and Facility Use, with Employ U, Inc., in the amount of $150,000, for a revised total
contract amount of $450,000. ([Community and Family Services Department
Citizens’ Commission for Children Division] Procurement Division) Page 84-85
14. Approval of Purchase Order M109866, Stryker ProCare Warranty and Annual
Preventative Maintenance, with Stryker Medical, in the total amount of $388,191.80.
([Fire Rescue Department Infrastructure and Asset Management Division]
Procurement Division) Page 86
15. Approval of Purchase Order M109871, Pharmacy Interface for the New Electronic
Health Record System for Corrections Health Services, with BDM Healthware Inc.,
in the not-to-exceed amount of $181,062.50. ([Health Services Department Fiscal
and Operational Support Division] Procurement Division) Page 87
16. Approval of Change Order No. 2, Purchase Order M106366, Renewal of Mobile
Compliance Software Licensing and Support, with Smarsh, Inc., in the amount of
$208,447.50, for a revised total amount of $359,649.50. ([Administration and Fiscal
Services Information Systems and Services Division] Procurement Division)
Page 88-89

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

D. ADMINISTRATIVE SERVICES DEPARTMENT (Continued)

17. Ratification of Change Order No. 4, Purchase Order M108670, Specialized Legal
Counsel Services, with Nabors, Giblin, and Nickerson, P.A., in the amount of
$100,000, for a revised not-to-exceed amount of $200,000. ([Administration and
Fiscal Services County Attorney’s Office] Procurement Division) Page 90-91
18. Ratification of Change Order No. 2, Purchase Order M109447, Emergency Big Sand
Lake Drawdown Project, with Superior Construction Company SE, LLC, in the
amount of $450,000, for a revised total amount of $1,049,637. ([Planning,
Environmental, and Development Services Department Environmental Protection
Division] Procurement Division) Page 92
19. Ratification of Sub-Recipient Agreement Amendment No. 2, Contract Y22-2001,
Providing Implementation and Training in Infant and Early Childhood Mental Health
Consultation, Parent Child Interaction Therapy, and Child Parent Psychotherapy,
with Kinder Konsulting & Parents Too, Inc., in the amount of $1,967,125, for a revised
total contract amount of $3,014,487. ([Community and Family Services Department
Mental Health and Homelessness Issues Division] Procurement Division)
Page 93-94
20. Selection of SGM Engineering Inc. to provide Design Services for the Orange County
Convention Center West Building Access Control Replacement, Request for
Proposals Y23-803-RC. ([Convention Center Facilities Operations Division]
Procurement Division) Page 95-99
21. Approval and execution of Contract for Purchase and Sale by and between
Thomas M. Lewis and Deborah R. Lewis and Orange County, approval of
Warranty Deed, and authorization for the Manager of the Real Estate Management
Division to exercise all delegations of authority expressly provided for by the
Contract for Purchase and Sale, disburse funds to pay purchase price in the
amount of $440,000, and perform all actions necessary and incidental to closing
for Green PLACE Parcel 102. District 2. (Real Estate Management Division)
Page 100-116
22. Approval and execution of Contract for Purchase and Sale by and between
Deborah Lewis and Orange County, approval of Warranty Deed, and authorization
for the Manager of the Real Estate Management Division to exercise all
delegations of authority expressly provided for by the Contract for Purchase and
Sale, disburse funds to pay purchase price in the amount of $277,513.50, and
perform all actions necessary and incidental to closing for Green PLACE Parcel
154. District 2. (Real Estate Management Division) Page 117-132

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

D. ADMINISTRATIVE SERVICES DEPARTMENT (Continued)

23. Approval and execution of Contract for Purchase and Sale by and between
Jacqueline Lewis-Gress and Roy J. Gress, and Orange County, approval of
Warranty Deed, and authorization for the Manager of the Real Estate Management
Division to exercise all delegations of authority expressly provided for by the
Contract for Purchase and Sale, disburse funds to pay purchase price in the
amount of $498,723.50, and perform all actions necessary and incidental to closing
for Green PLACE Parcel 155. District 2. (Real Estate Management Division)
Page 133-148
24. Approval and execution of Contract for Purchase and Sale by and between
Thomas M. Lewis and Orange County, approval of Warranty Deed, and
authorization for the Manager of the Real Estate Management Division to exercise
all delegations of authority expressly provided for by the Contract for Purchase and
Sale, disburse funds to pay purchase price in the amount of $277,513.50, and
perform all actions necessary and incidental to closing for Green PLACE Parcel
156. District 2. (Real Estate Management Division) Page 149-164
25. Approval and execution of Hold Harmless and Indemnification Agreement Parcel
ID No. 06-22-31-4444-00-190 by and between Mildred Taylor Austin and Orange
County and authorization to record instrument for Austin Boat Dock Const. Permit
BD-21-11-155. District 5. (Real Estate Management Division) Page 165-171
26. Approval and execution of Right of Entry Agreement among Orange County, City
of Orlando, and City of Clermont for Conserv II – Clermont Right of Entry (PN
19670). (Real Estate Management Division) Page 172-182
27. Approval to record executed Notice of Extension by and between Central Florida
Expressway Authority and Orange County, Florida and authorization to disburse
funds to pay recording fees and record instrument for OOCEA (Western Beltway
Part C) Bike Path Property deed to Orange County. Districts 1 and 2. (Real Estate
Management Division) Page 183-190
28. Approval to grant staff the authority to reinstate PMA Consultants, L.L.C. (PMA) as
a certified M/WBE graduate firm should, upon receipt and review of an acceptable
application and all necessary supporting documentation by PMA, staff find that
PMA meets the requirements that would have been necessary for a previously
certified M/WBE firm to remain in graduate status. (Business Development
Division) Page 191-192

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

E. COMMUNITY AND FAMILY SERVICES DEPARTMENT

1. Approval and execution of Florida Department of Children and Families


Applications for a License to Operate a Child Care Facility at Pine Hills, Hal P.
Marston, Bithlo, East Orange, Southwood, John H. Bridges, Callahan, and
Washington Shores Early Learning Center Head Start sites. (Head Start Division)
Page 193-234
2. Receipt and filing of Head Start Policy Council Program Information and Updates
December 2022 and Head Start Policy Council Meeting Minutes November 17,
2022 for the official county record. (Head Start Division) Page 235-282

F. CORRECTIONS DEPARTMENT

1. Approval and execution of Memorandum of Understanding for Governmental


Entity Access to Driver and Vehicle Information Database System (David) by and
between Orange County, on behalf of the Orange County Corrections Department,
and the Florida Department of Highway Safety and Motor Vehicles. (Fiscal and
Operational Support Division) Page 283-296

G. HEALTH SERVICES DEPARTMENT

1. Approval and execution of renewal Certificate of Public Convenience and


Necessity for Greater Orlando Aviation Authority to provide Advanced Life Support
transport services in Orange County, Florida. The term of this certificate is from
May 1, 2023, through April 30, 2025. There is no cost to the County. (EMS Office
of the Medical Director) Page 297-303
2. Approval to increase the Health Services Department manning table by three
positions to increase capacity for Orange County’s Drug Free Office fentanyl
overdose prevention initiative. Page 304-305

H. PLANNING, ENVIRONMENTAL, AND DEVELOPMENT SERVICES DEPARTMENT

1. Acceptance of the findings and recommendation of the Environmental Protection


Commission and approval of the request for waiver to Orange County Code,
Chapter 15, Article IX, Section 15-342(b) to increase the maximum allowable
terminal platform size from 1,000 square feet to 1,626 square feet with a mitigation
payment of $1,087 to the Conservation Trust Fund within 60 days of the decision
of the Board of County Commissioners for the Ronald and Elizabeth Schenk Dock
Construction Permit BD-22-10-167. District 1. (Environmental Protection
Division) Page 306-319

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

H. PLANNING, ENVIRONMENTAL, AND DEVELOPMENT SERVICES DEPARTMENT


(Continued)

2. Approval and execution of Multi-Family Affordable Housing Developer’s


Agreement between Orange County, Florida, and Emerald Villas Phase Three,
LLC, and Neighborhood Lending Partners of Florida, Inc., regarding the Affordable
Housing Trust Fund Program Y21-1046B - Emerald Villas Phase Three, LLC
providing a total amount of $7,000,000 of available Affordable Housing Trust Fund
and American Rescue Plan Dollars. District 2. (Housing and Community
Development) Page 320-356
3. Approval and execution of Orange County, Florida, Resolutions Establishing
Special Assessment Liens for Lot Cleaning Services and approval to record
Special Assessment Liens on property cleaned by Orange County, pursuant to
Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning. All Districts.
(Neighborhood Services Division) Page 357-398
LC 22-0186 LC 23-0007 LC 23-0043 LC 23-0039 LC 22-0455
LC 23-0069 LC 23-0016 LC 23-0078 LC 22-0165 LC 23-0004
LC 22-0483 LC 23-0051 LC 23-0031 LC 22-0274 LC 23-0050
LC 23-0006 LC 23-0071 LC 22-0377 LC 22-0374 LC 23-0062
4. Approval and execution of Proportionate Share Agreement for “Midnight PMF
Apartments” Semoran Boulevard by and between PMF Midnight I LLC and Orange
County for a proportionate share payment in the amount of $546,668. District 3.
(Roadway Agreement Committee) Page 399-411
5. Approval and execution of Proportionate Share Agreement for Palms at
Windermere Ficquette Road & Reams Road by and between DFC Reams Road,
LLC and Orange County for a proportionate share payment in the amount of
$664,539. District 1. (Roadway Agreement Committee) Page 412-425
6. Approval and execution of Proportionate Share Agreement for Shenandoah
Reserve Goldenrod Road by and between E3 Community Church, Inc. and Orange
County for a proportionate share payment in the amount of $157,698. District 3.
(Roadway Agreement Committee) Page 426-438
7. Approval and execution of Proportionate Share Agreement for The Registry on
Grass Lake Avalon Road and US 192 by and between Grass Lake FL, LP and
Orange County for a proportionate share payment in the amount of $1,068,802.
District 1. (Roadway Agreement Committee) Page 439-454
8. Approval and execution of Proportionate Share Agreement for Buena Vista Park
PD Winter Garden-Vineland Road by and between LBV Orlando Hospitality, LLC
and Orange County for a proportionate share payment in the amount of $229,466.
District 1. (Roadway Agreement Committee) Page 455-467

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

H. PLANNING, ENVIRONMENTAL, AND DEVELOPMENT SERVICES DEPARTMENT


(Continued)

9. Approval and execution of Second Amendment to Right-of­Way Agreement


Avalon Groves PD-South Parcel C.R. 545 (Avalon Road) by and between Prose
Horizons West Venture, LP and Orange County to extend the time frame for
conveyance of right-of-way. District 1. (Roadway Agreement Committee)
Page 468-483
10. Approval and execution of Second Amendment to Right-of­Way and Proportionate
Share Agreement Avalon Pointe C.R. 545 (Avalon Road) by and between Prose
Avalon Pointe Venture, LP and Orange County to extend the time frame for
conveyance of right-of-way. District 1. (Roadway Agreement Committee)
Page 484-497
11. Note: This item will be pulled to be considered with the matter that is the
subject of Public Hearing F.9.
Approval and execution of Resolution of the Orange County Board of County
Commissioners regarding the Designation of Certain County Employees Assigned
to the Office of Tenant Services as Code Enforcement Officers. (Fiscal and
Operational Support Division) Page 498-500

I. PUBLIC WORKS DEPARTMENT

1. Authorization to record the plat of Alaira II. District 1. (Development Engineering)


Page 501
2. Approval to decrease the speed limit on Young Pine Road from Curry Ford Road
to one mile east of Lee Vista Boulevard from 50 mph to 45 mph. District 4. (Traffic
Engineering Division) Page 502-503
3. Approval to decrease the speed limit on the straight segments of Hoffner Avenue
from Orange Avenue to Conway Road from 35 mph to 30 mph. District 3. (Traffic
Engineering Division) Page 504-505
4. Approval to decrease the speed limit on Round Lake Road from Ponkan Road to
County Limits from 55 mph to 45 mph. District 2. (Traffic Engineering Division)
Page 506-507
5. Approval to decrease the speed limit on Chickasaw Trail from Colonial Drive to
American Rose Parkway to 35 mph, from American Rose Parkway to El Prado
Avenue to 30 mph, and from El Prado Avenue to Curry Ford Road to 35 mph.
District 3. (Traffic Engineering Division) Page 508-509
6. Approval to decrease the speed limit on Bloomfield Drive from North Dean Road
to Rouse Road from 45 mph to 35 mph. District 4. (Traffic Engineering Division)
Page 510-511

CONTINUED

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TUESDAY, JANUARY 24, 2023

I. CONSENT AGENDA (Continued)

I. PUBLIC WORKS DEPARTMENT (Continued)

7. Approval to decrease the speed limit on Bonneville Drive from East Colonial Drive
to Allison Drive from 45 mph to 35 mph. District 5. (Traffic Engineering Division)
Page 512-513
8. Approval to decrease the speed limit on Edgewater Drive from Rose Avenue to
Clarcona Ocoee Road from 40 mph to 35 mph. District 2. (Traffic Engineering
Division) Page 514-515
9. Approval to decrease the speed limit on Rouse Road from Corporate Boulevard to
University Boulevard from 45 mph to 40 mph. District 5. (Traffic Engineering
Division) Page 516-517
10. Approval to decrease the speed limit on Lake Butler Boulevard from Clarice Court
to County limits (460 feet west of Sunbitten Court) from 45 mph to 35 mph. District
1. (Traffic Engineering Division) Page 518-519
11. Approval and execution of (1) Resolution of the Orange County Board of County
Commissioners regarding the Local Agency Program Agreement with the State of
Florida Department of Transportation for the State Road 434 (Alafaya Trail) at
Corporate Boulevard Project and (2) State of Florida Department of Transportation
Local Agency Program Agreement FPN: 435526-1-58-01 and FPN: 435526-1-68-
01. District 5. (Transportation Planning) Page 520-553

J. UTILITIES DEPARTMENT

1. Approval and execution of Resolution of the Orange County Board of County


Commissioners regarding Establishing Corrected Rates for 2022 for Contract
Haulers for Solid Waste Collection and Recycling Services; Providing for a True-
Up Payment for Services Rendered in 2022; and Providing for an Effective Date.
All Districts. (Fiscal and Operational Support Division) Page 554-557

CONTINUED

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TUESDAY, JANUARY 24, 2023

II. INFORMATIONAL ITEMS**

A. COUNTY COMPTROLLER

1. Receipt of the following items to file for the record: (Clerk’s Office)
Page 558
a. Florida Public Service Commission Order Approving Florida Power & Light
Company’s Implementation of the Inflation Reduction Act Provisions. In re:
Petition for limited proceeding to approve refund and rate reduction resulting
from implementation of Inflation Reduction Act, by Florida Power & Light
Company.
b. City of Orlando Council Agenda Item for the meeting of December 5, 2022.
2nd Reading Consideration of the Ordinance 2022-70 with Exhibit A (Legal
Description), Exhibits B, C, D, (Future Land Use and Zoning Maps), City of
Orlando Fiscal Impact Statement and Orlando Sentinel Notice of Proposed
Enactment. Ordinance 2022-70 entitled: An ordinance of the City council
of the City of Orlando, Florida, annexing to the corporate limits of the city
certain land generally located north of Barley Street, south of Edgemoor
Street, east of S. Fanfair Avenue, west of S. Ivey lane, and comprised of
1.85 acres of land, more or less, and amending the city’s boundary
description; amending the city’s adopted growth management plan to
designate the property as office-low intensity on the City’s official future land
use maps; designating the property as low intensity office residential on the
city’s official zoning maps; providing for amendment of the City’s official
future land use and zoning maps; providing for severability, correction of
scrivener’s errors, permit disclaimer, and an effective date.

**With respect to informational items, Board action is neither required


nor necessary, and Board approval (or disapproval) is not to be implied.

CONTINUED

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TUESDAY, JANUARY 24, 2023

III. DISCUSSION AGENDA

A. ADMINISTRATIVE SERVICES DEPARTMENT

1. Selection of one firm and an alternate to provide Continuing Professional Services


for Water Resources Program, Request for Proposals Y22-906-ZR, from the
following two firms, listed alphabetically:
• Arcadis U.S., Inc.
• Carollo Engineers, Inc.
([Utilities Department Engineering Division] Procurement Division) Page 559-563

B. COUNTY MAYOR

1. Approval of 2023 State Legislative Priorities. All Districts. (Legislative Affairs


Office) Page 564

C. COUNTY ADMINISTRATOR

1. Commissioner Office Staffing Levels. Page 565

CONTINUED

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TUESDAY, JANUARY 24, 2023

IV. WORK SESSION AGENDA

A. COUNTY ADMINISTRATOR

1. Review of Chapter 35 Towing Rates and Fees. Page 566

RECESS

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TUESDAY, JANUARY 24, 2023

MEETING STARTS AT 2:00 p.m.

V. RECOMMENDATIONS

January 5, 2023 Board of Zoning Adjustment Recommendations


p. 569 - 747

CONTINUED

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TUESDAY, JANUARY 24, 2023

VI. PUBLIC HEARINGS

Public hearings scheduled for 2:00 p.m.

A. Budget Amendment

1. Amending Fiscal Year 2022-23 Budget p. 748 - 835

B. Petition to Vacate

2. Case # PTV-21-04-022 p. 836 - 837

Applicant: Angel Anderson, vacate a portion of a utility easement; District


2

3. Case # PTV-21-10-029 p. 838 - 839

Applicant: Phaneendra Katta, vacate a portion of right-of-way; District 5

C. Substantial Change

4. Case # CDR-22-02-038 p. 840 - 850

Applicant: Curtis Gashlin, Kelly, Collins & Gentry, Inc., Hamlin Planned
Development – Unified Neighborhood Plan/(RW-2) Hamlin SEC
Commercial Preliminary Subdivision Plan/Master Development Plan,
amend plan; District 1

5. Case # CDR-22-09-293 p. 851 - 862

Applicant: Peter Traficante, Kimley-Horn & Associates, Trails


Neighborhood Retail Center Planned Development/Land Use Plan (PD/
LUP), amend plan; District 5

 The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the
Board of County Commissioners prior to today’s quasi-judicial hearing should be disclosed on the record or made a part of
the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any
interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such
communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board’s
decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.

Information regarding meetings held at the County Administration Building between any member of the Board and an outside
party may be obtained at https://www.ocfl.net/OpenGovernment/MeetingsReport.aspx.

CONTINUED

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TUESDAY, JANUARY 24, 2023

VI. PUBLIC HEARINGS (Continued)

Public hearings scheduled for 2:00 p.m. (Continued)

D. Planning and Zoning Commission Rezoning Board-Called

6. Case # RZ-22-10-106 p. 863 - 875

Applicant: Mark Shukwit, October 20, 2022; District 2

E. Ordinance/Comprehensive Plan - Adoption of Small-Scale Amendments and


Ordinance

7. Planning and Zoning Commission Appeal; Adoption of Future Land Use


Map Amendment, Ordinance, and Concurrent Rezoning p. 876 - 889

a. Amendment SS-22-04-030

Applicant: Alison M. Yurko


Appellant: Maria Hamilton
Rural Settlement 1/1 (RS 1/1) to Office (O) Rural Settlement (RS);
District 1

And

b. Rezoning RZ-22-04-031

Applicant: Alison M. Yurko


Appellant: Maria Hamilton
R-CE (Country Estate District) to P-O Restricted (Professional
Office District); District 1

And

c. Ordinance for Proposed Amendment


 The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the
Board of County Commissioners prior to today’s quasi-judicial hearing should be disclosed on the record or made a part of
the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any
interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such
communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board’s
decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.

Information regarding meetings held at the County Administration Building between any member of the Board and an outside
party may be obtained at https://www.ocfl.net/OpenGovernment/MeetingsReport.aspx.

CONTINUED

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TUESDAY, JANUARY 24, 2023

VI. PUBLIC HEARINGS (Continued)

Public hearings scheduled for 2:00 p.m. (Continued)

F. Ordinance

8. Amending Orange County Code, Chapter 37, Article XX, Division 3, Section
37-755 pertaining to revised Sewer Use Ordinance; All Districts p. 890 - 892

9. Amending Orange County Code pertaining to residential tenancies and fair


housing in Orange County, Florida, Amending Chapter 25 ("Licenses,
Taxation and Miscellaneous Business Regulations"), Article XIII ("Rental
Notices") of the Orange County Code of Ordinances; Amending the Title of
Article XIII and Creating Divisions Therein; Amending Sections 25-370, 25-
371, and 25-372 of the Code to Reference the Division and Clarify
Applicability, Enforcement and Penalties; Enacting a New Tenant's Bill of
Rights Ordinance to be Codified at Chapter 25, Article XIII, Division 3 of the
Code, Section 25-410 through Section 25-449; Amending Schedule "A" of
Chapter 11 ("Code Enforcement"), Article III ("Code Enforcement Citation
Program"), Section 11-62 ("Applicable Codes and Ordinances") to Provide
for Enforcement; Amending Chapter 22 ("Human Rights"), Article IV ("Fair
Housing") of the Code; Prohibiting Discrimination in Housing Based on
Additional Categories; Providing for Repeal of Laws in Conflict; and
Providing for Filing of Ordinance and Effective Date; All Districts p. 893 - 940

CONTINUED

Page 17
17
TUESDAY, JANUARY 24, 2023

IV. WORK SESSION AGENDA (Continued)

B. PLANNING, ENVIRONMENTAL, AND DEVELOPMENT SERVICES DEPARTMENT

1. State of the Wetlands Study. (Environmental Protection Division)


Page 567-568

 The notated public hearing is quasi-judicial in nature. As such, any verbal or written communication with a member of the
Board of County Commissioners prior to today’s quasi-judicial hearing should be disclosed on the record or made a part of
the record during the public hearing by or on behalf of the party who communicated with the Board member to allow any
interested party an opportunity to inquire about or respond to such communication. Failure to disclose any such
communication may place the party who ultimately prevails at the quasi-judicial hearing at risk of having the Board’s
decision overturned in a court of law due to prejudice against the party who was not privy to the ex parte communication.

Information regarding meetings held at the County Administration Building between any member of the Board and an outside
party may be obtained at https://www.ocfl.net/OpenGovernment/MeetingsReport.aspx

***
Any person wishing to appeal any decision made by the Board of County Commissioners at this meeting will need a record
of the proceedings. For that purpose, such person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs
special accommodation to participate in this proceeding, then not later than two (2) business days prior to the proceeding,
he or she should contact the Orange County Communications Division at (407) 836-5631.

Para mayor información en español, por favor llame al (407) 836-3111.

NOTE: Reports from the County Mayor, the County Commissioners, the County Administrator, and the County Attorney may
be presented at unscheduled times throughout the day, depending on the length of time required for advertised public
hearings.

Copies of Specific Project Expenditure Reports and Relationship Disclosure Forms are not included with agenda items
unless there is a listed expenditure or disclosure. Copies of these completed reports and forms may be obtained by
contacting the relevant Department/Division Office.

Page 18
18
I. CONSENT AGENDA
COUNTY COMPTROLLER
1-2

OFFICE OF THE ,COMPTROLLER

ORANGE PHIL DIAMOND, CPA


COUNTY County Comptroller
201 South Rosalind Avenue
FLORIDA Post Office Box 38
Orlando, Florida 32802
Telephone: 407-836-5690
Fax; 407-836-5599
Website www.occompt.com

COUNTY COMMISSION AGENDA


Tuesday, January 24, 2023

COUNTY COMPTROLLER

Items Requiring Consent Approval

1. Approval and execution of the minutes of the December 13, 2022 meeting of the
Board of County Commissioners (Clerk's Office)

2. Approval and execution of the check register authorizing the most recently disbursed
County funds , having been certified that same have not been withdrawn on
overexpended accounts. (Finance/Accounting)

19
19
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
1

Date: January 9. 2023

To: Mayor Jerry L. Oemings


-AND- ·~\
County Commissioners r, .)Y
IFrom: Dr. Yvette M. Best. Dir.ector.. Humaa Resour.ces Divisio: ,~v~ f'.[>(~
I Subject Consent Agenda - January 24 . 2023 '· · ·
Memorandum of Agreement
Jerry B . Haddock Lodge #86. Fraternal Order of Police. F.O.P

Contact Reginald C. Davis. Human Resources Section Manager. (407) 836-5479

The Jerry B Haddock Lodge #86 of The Fraternal Order of Police (FOP) represents a bargaining
unit comp rised of all employees of the Orange County Corrections Department in the job
classifications of Correctional Officer. Correctional Corporal. Correctional Sergeant. and
Classification Officer. The County's negotiation team and the FOP recently met for the purpose of
impact bargaining over the sunsetting of COVIO-19 benefits offered under the County"s Workers
Compensation program.

Subject to Board approval. effective May 1. 2023. the parties agree to sunset the COVl D-19
benefits offered under the County's Workers Compensation program as outlined in the
Memorandum of Agreement. Additionally the parties further agree to amend Article 24 of the
\ parties· current collective bargaining agreement to add Veteran·s Day commencing _in 2023 as _an
add1t1onal holiday No other changes shall be made to Article 24 of the collective bargaining
1
agreement

Implementation of the agreement will be coordinated between Human Resources. Risk


Management. and the Comptroller's Payroll Department following the approval by the Board.

J Action Requested:
I! Approval and execution of Mernornndum of Agreement between Orange County and
i the Jerr'J B. Haddoc!, Lodge #86, Fraternal Order of Police .
i
l
ic Byron W Brooks. AICP. County Administrator

II Carla Bell Johnson. Deputy County Administrator


Lisa Snead. Assistant County Ad ministrator
I

20
20
MEMORANDUM OF AGREEMENT

This Memorandum of Agreement (" Agreement") is entered into between ORANGE COUNTY
(hereafter the "County") and the JERRY B. HADDOCK LODGE #86, FRATERNAL ORDER
OF POLICE (hereafter the "FOP"). The parties agree as follows:

1. Since August 2021, pursuant to Memorandums of Agreement, FOP bargaining unit


members who test positive for COVID- 19 or who have an adverse reaction to the COVID-19
vaccination have been eligible for workers compensation benefits, including benefits under Article
34.2 of the collective bargaining agreement, unless evidence exists that the illness was not work-
related. This benefit will sunset on May 1, 2023. Thereafter, COVID-19 will be treated as any
other occupational illness for purposes of workers' compensation and the collective bargaining
agreement. Nothing prevents the County from extending the sunset date at its discretion.

2. Bargaining unit members will receive Veteran's Day as an additional County


holiday, and added to article 24 (Holidays) in Section 24.1.

FOR THE COUNTY: FOR THE FOP:

Byron W. Brooks, AICP Giov nni Con~·p cion


County Administrator Jerry B. Haddock Lodge #86 President

( ~17/1-022--
(Date) (Date) r/

21
21
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
2

Date : January 9. 2023


I
: To: Mayor Jerry L. Demings
-AND-
County Commissioners

'From: Dr Yvette M. Best. Director.

; Subject: Consent Agenda - January 24 . 2023


Memorandum of Agreement
Florida State Lodge Fraternal Order of Police. Inc. (FOP)

Contact Reginald C. Davis, Human Resources Section Manager. (407) 836-5479

The Florida State Lodge Fraternal Order of Police. Inc. (FOP) represents a bargaining unit
! comprised of all employees of the Orange County Corrections Department In the JOb classification of
; Correctional Lieutenant. The County's negotiation team and the FOP recently met for the purpose
of impact bargaining over the sunsetting of COVID-19 benefits offered under the County's Workers
Compensation program.

Subject to Board approval. effective May 1. 2023 . the parties agree to sunset the COVI0-19
benefits offered under the County's Workers Compensation program as outlined in the
Memorandum of Agreement. Additionally. the parties further agree to extend to eligible bargaming
: unit members who have at least one year of continuous service as of October 2. 2022 a one-time
. lump sum longevity payment in the amount of $1000 not added to their base wages

Implementation of the agreement will be coordinated between Human Resources Risk


. Management. and the Comptroller's Payroll Department following the approval by the Board.

· Action Requested:

Approval and execution of Memorandum of Agreement bet·Neen Orange County and


the Florida State Lodge Fraternal Order of Police, Inc.

, cc Byron Vii. Brooks. AICP. County Administrator


Carla Bell Johnson. Deputy County Administrator
Lisa Snead . Assistant County Adm inistrator

22
22
MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("Agreement") is entered into between ORANGE COUNTY


(hereafter the "County") and -the FLORIDA STATE LODGE FRATERNAL ORDER OF
POLICE, INC. (hereafter the "FOP"). The parties agree as follows:

l. Since August 2021, pursuant to Memorandwns of Agreement, FOP bargaining unit


members who test positive for COVID-19 or who have an adverse reaction to the COVID-19
vaccination have been eligible for workers compensation benefits, including benefits under Article
34.2 of the collective bargaining agreement, unless evidence exists that the illness was not work-
related. This benefit will sunset on May 1, 2023. Thereafter, COVID-19 will be treated as any
other occupational illness for purposes of workers' compensation and the collective bargaining
agreement. Nothing prevents the County from extending the sunset date at its discretion.

2. Bargaining unit members who have at least one (1) year of continuous service as
October 2, 2022 will receive a one-time lump sum longevity payment of $1,000 not added to their
base wages.

FOR THE COUNTY: FOR THE FOP:

Byron W. Brooks, AICP


G2·.~
Brian Cechowski
County Administrator Staff Representative

ii/4 l h~~~
(Date) (Date) ~ 7

23 23
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
3

\ ''
Date: January 9, 2023

To: Mayor Jerry L. Demings


-AND-
County Commissioners

From: Or. Yvette M. Best, Director. Human Resources Division

St1bject: Consent Agenda - January 24. 2023


Memorandum of Agreement
American Federation of State. County and Municipal Employees
AFL-CIO (AFSCME)

Contact Reginald C . Davis . Human Resources Section Manager, (407) 836-5479

American Federation of State. County and Munic1pal Employees (AFSCME) AFL-CIO represents a
bargaining unit comprised of all employees in positions listed in Article 1 of the Collective Bargaining
Unit Agreement In negotiating the parties· FY 22-23 through FY 24-25 collective bargaining
agreement. the County and AFSCME modified the leave accrual table.

Subject to Board approval, to ensure the parties fully understand the accrual rates for both 8-hour
and 12-hour employees . the parties further agree to amend Article 26.2 as outlined in the
; Memorandum of Agreement. Additionally. the parties further agree to amend Article 22 1.A of the
! parties· current collective bargaining agreement to add Veteran's Day commencing ,n 2023 as an
I additional holiday. No other changes shall be made to Article 22.1A or 26 2 of the collective
I bargaining agreement.

ii Implementation of the agreement will be coordinated between Human Resources and the
! Comptroller's Payroll Department following the approval by the Board
I
'
: Action Requested:

Apprn•,al and execution of Memorandum of Agreement between Orange County and


the American Federation of State, County and i\·lunicipal Employees, AFL-CIO.

' cc Byron W Brooks . AICP County Adm1n1strator


Carla Bell Johnson. Deputy County Administrator
Lisa Snead . Assistant County Administrator

24
24
MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("Agreement") is entered into between Orange County


(the "County") and the American Federation of State, County and Municipal Employees, AFL-
CIO ("AFSCME"). The parties agree as follows:

1. A11icle 26 of the parties' FY 22-23 through FY 24-25 collective bargaining


agreement currently reads in pertinent part:

26.2 Non-exempt employees working 12 hours shifts, which equate to 36


hours in one week of the 2-week pay period and 48 hours in the other
week of the 2-week pay period, shall accrue leave on 76 regular
hours worked or 76 regular hours of paid time for a pay period.
Leave time requests shall be determined by the number of hours
scheduled in the week(s) the time off is requested. For exempt
employees and all other employees scheduled for a 40-hour
workweek, leave accrual and usage is based on a 40-hour week.

26.5 The accrual schedules for Personal and Term Leave are listed in
Appendix A.

2. Appendix A of the parties' FY 22-23 th.rough FY 24-25 collective bargaining


agreement currently reads:

During the term of this agreement, bargaining unit employees shall be provided leave in
accordance with applicable County policy, except as may be modified herein. Personal
leave shall be earned as follows:

After Continuous Accrual Rate Per Maximum Hours Maximum Hours


Service Months Hour Per Pav Period Balance

0 0.0693 5.82 453

60 0.077 6.47 504

72 0.0808 6.79 531

84 0.0847 7.11 555

96 0.0885 7.43 579

108 0.0924 7.76 606

120 0.0962 8.08 630

180 0.1039 8.73 681

1 of 3
25
25
Leave accrual and usage shall be based on the number of hours an employee is regularly
scheduled to work, not to exceed accrual and usage based on 84 hours in a pay period. For
12-hour shift employees, term leave may be utilized when the employee is absent from
work for a minimum of thirty-six (36) consecutive work hours.

3. In negotiating the parties' FY 22-23 through FY 24-25 collective bargaining


agreement, the County and AFSCME modified the leave accrual table. To ensure the parties fully
understand the accrual rates for both 8-hour and 12-hour employees, the parties further agree to
amend Article 26.2, as follows:

26.2 Non-exempt employees working 12 hours shifts, including those on


a 48/36 or 42/42 schedule, which equate to 36 hours in one-week-et
the 2 weck-pay-pefi.o&-aHd 4 8 hours in thc-BtfieF-WCek of the 2 week
pay period, shall accrue leave as provided in Appendix A 0fr--'t6
1:egal-ar hours worked or 76 regular hours of paid time for a pay
:13efi.od. These accruals have been adjusted so that 12-hour shift
employees shall accrue the equivalent of up to 84 hours during their
pay period. Leave time requests shall be determined by the number
of hours scheduled in the week(s) the time off is requested. For
exempt employees and all other employees scheduled for a 40-hour
workweek, leave accrual and usage is based on a 40-hour week.

5. The parties further agree to amend Appendix A, as follows:

80 HOUR PERSONAL AND TERM LEAVE PLANS - AFSGME


Accrual
Mo Rate per Max Pay Hr Earn Max Lv
Svc Hour Hours PP Pd Yr Bal 8-hr days
PERSONAL 0 0.069300 80 5.54 144 432 54
60 0.077000 80 6.16 160 480 60
72 0.080800 80 6.46 168 504 63
84 0.084700 80 6.78 176 528 66
96 0.088500 80 7.08 184 552 69
108 0.092400 80 7.39 192 576 72
120 0.096200 80 7.70 200 600 75
180 0.103900 80 8.31 216 648 81

TERM 0 0.023100 80 1.85 48 999

2 of 3
26
26
12 HOUR DAY PERSONAL AN D TERM LEAVE PLANS. AFSCME 12 Hour Shifts
Accrual
Mo Rate per Max Pay Hr Earn Maxlv
Svc Hour UP TO Hours PP Pd Yr Bal 12-hr days
PERSONAL 0 0.0766 76.00 5.82 151 .32 453 37.75
60 0.0851 76.00 6.47 168.22 504 42.00
72 0.0893 76.00 6.79 176.54 531 44.25
84 0.0936 76.00 7.11 184.86 555 46.25
96 0.0978 76.00 7.43 193.18 579 48.25
108 0.1021 76.00 7.76 201.76 606 50.50
120 0. 1063 76.00 8.08 210.08 630 52.50
180 0.1 149 76.00 8.73 226.98 681 56.75

TERM 0 0.0243 .76,{)Q 1.85 48.0 999

For 12-hour shift employees, these accruals have been ad justed so that these employees shall accrue the
e uivalent of u to 84 hours durin their a eri d.

5. The parties further agree that Article 22.1.A of the pa11ies' current collective
bargaining agreement shall be amended to add Veteran's Day commencing in 2023 as an
additional holiday. No other changes shall be made to A11icle 22 of the collective bargaining
agreement.

6. This Agreement shall be effective upon its ratification by both parties.

FOR THE COUNTY: FO 1 scME:


/ .
_.,-,/ ~'-'>'14--·<-<'
Byron W. Brooks, AICP
County Administrator

(Date)

3 of 3
27
27
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
4

t , •.

t ~ ;I
Date: January 9, 2023

To: Mayor Jerry L. Demings


-AND-
Board of County Commissioners n_ \~
f\f,Jt:Y'-
from: Dr. Yvette M. Best. Director. Human Resources Divisio~ ,.)t\)-,i \\
Subject: Consent Agenda - January 24. 2023 ~ ::_,
Memorand um of Agreement
Laborers' International Union of North America Local 517 (LIUNA)

Contact Reginald C. Davis. Human Resources Section Manager. (407) 836-5479

Laborers' International Union of North America Local 517 (LIUNA) represents a bargaining unit
comprised of employees of Orange County Government in all job classifications of the LIUNA
Bargaining Agreement. The County's negotiation's team recently met with LIU NA to address
concerns related to the County's decision to add Veteran's Day and an additional Floating
Holiday for all regular County employees. Additionally , the parties met to discuss changes
related to the County's Educational Assistance program .

Subject to Board approval, the parties agree to amend Article 12.1 of the parties' current
collective bargaining agreement to only add Veteran's Day commencing in 2023 as an
l additional holiday for eligible bargaining unit members. No other changes shall be made to
' Article 12.1 of the collective bargaining agreement. The parties also agreed that all bargaining
unit members shall be subject to the changes as outlined in County Policy & Operational
Regulation 105.5, Educational Assistance

Implementation of the agreement will be coordinated between Human Resources and the
Comptroller's Payroll Department following the approval by the Board.
i
I Action Requested :
Approval ancl execution oi' Memornncltim of Agreement belween Ornnge County
and the laborers' International Union or North America Loc~I 5'!7.

I
1 cc: Byron W . Brooks. AICP . County Administrator
Carla Bell Johnson . Deputy County Administrator
Lisa Snead . Assistant County Administrator

28
28
MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("Agreement") is entered into between ORANGE


COUNTY (the "County") and the LABORERS' INTERNATIONAL UNION OF NORTH
AMERJCA, LOCAL 517 (hereafter "LTUNA"). The paities agree as follows:

1. Effective upon the signatures of the parties below, bargaining employees shall be
subject to the October 1, 2022 revisions to County Policy & Operational Regulation 105.5,
Educational Assistance.

2. Effective upon ratification of this Agreement by both parties, Article 12.1 of the
parties' current collective bai-gaining agreement shall be amended to add Veteran's _Day
commencing in 2023 as an additional holiday. No other changes shall be made to Article 12 of
the collective bargaining agreement.

FOR THE COUNTY:

Byron W. Brooks, AICP David Brier


County Administrator Business Manager
Southeast Laborers' District Council
On behalf of LIUNA 517

-<1/2~ //~·)r"··
• I
(Date) (Date) -

1 of 1
29
29
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
5

C
GOVERNMENT
T
fll.Oll l DA

January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners /,~,f
FROM: Kurt N. Petersen , Director, Office of Management & Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Amendment No. 1 Service Funding Agreement between
Orange County, Florida and the Legal Aid Society of the Orange
County Bar Association, Inc.
(Related to Tenant's Bill of Rights Ordinance)

Board approval and execution is requested for Amendment No. 1 Service Funding
Agreement Fiscal Year 2022-2023 between Orange County, Florida and the Legal
Aid Society of the Orange County Bar Association, Inc. This amendment is
necessary to provide an additional $83,108 this fiscal year that will be used to hire
and employ a Housing Staff Attorney to support the County's Office of Tenant
Services.

ACTION REQUESTED: Approval and execution of Amendment No. 1


Service Funding Agreement Fiscal Year 2022-2023
by and between Orange County, Florida and Legal
Aid Society of the Orange County Bar Association,
Inc.

KP

Attachments

30
30
AMENDMENT NO. 1
SERVICE FUNDING AGREEMENT
FISCAL YEAR 2022-2023

This first amendment ("Amendment") is entered into by and between Orange County,
Florida (the "County") and Legal Aid Society of the Orange County Bar Association, Inc.
("Legal Aid" or "Agency"). The County and Agency may be referred to individually as "Party" or
collectively as "Parties". The purpose of this Amendment is to alter the terms of the Service
Funding Agreement for Fiscal Year 2022-2023 that was approved by the Orange County Board
of County Commissioners on October 11, 2022 ("Agreement"). The Parties desire to increase
the amount of funding that the County provides to the Agency to employ one (1) additional,
experienced staff attorney to provide housing litigation services to the commun ity including, but
not limited to, those persons referred to the Agency by the County's Office of Tenant Services.

Section 1. Amendments to Section 2. Section 2, Subsection d. on Page 2 of the Agreement


is hereby amended as follows with additions shown as underlines and deletions shown as
stf-fketf\f0l:lgA-S:

" SECTION 2. THE LEGAL AID SOCIETY SHALL

***

d. Employ the necessary professional, clerical staff, and volunteers to


ensure efficient operations and the ability to offer the services outl ined in section
,,
'=, 3a.

1 The Legal Aid Society shall hire and employ a minimum of one ( I)
additional, experienced staff attorney to provide housing litigation
services as further described in this Agreement and the Job Description
attached to this Agreement as Exhibit B ("Housing Staff Attorney").

ii. The Legal Aid Society shall accept refetTals for legal services from the
County and the County's Office of Tenant Services. The Legal Aid
Society shall utilize the Housing Staff Attorney to provide legal services
to persons referred to the Legal Aid Society by the County's Office of
Tenant Services."

Section 2. Amendments to·Section 3. Section 3, Subsection a. on Page 3 of the Agreement


is hereby amended as follows with additions shown as underlines and deletions shown as
stf+ketflFet1gAS:

"SECTION 3. FUNDING MECHANICS

a. The County agrees to appropriate a total amounl not to exceed one


million four hundred fourteen thousand two hundred thirty-six dollars ($1,414,236)
e+1e million-two-hundred sixty se,1en thot15and seventeen do llars ($1 ,331 , I 2~ to
the Legal Aid Society of the Orange County Bar Association, Inc., for fiscal year
2022-2023 for the provision of legal aid services in accordance with Section
29.008, Florida Statutes, and the terms of this Agreement ("Funds"). aee~mi-i-n-g--te
Roooa--St-a-tute 29.008. This amo-l:tflt-i·!le!Bdes $106,485 for suppert~uard-ian-ae
bi-te-m-:

Page 1 of 3 31 31
1. The Legal Aid Society shall use a portion of the Funds to support
Guardian ad Litem Services. The Parties estimate that approximately
one hundred six thousand four hundred eighty-five dollars ($106,485)
of the Funds will be used to support Guardian ad Litem services.

ii. The Legal Aid Society shall use a portion of the Funds to hire and
employ a Housing Staff Attorney for the provision of services described
in Section 2 of this Agreement. The Parties estimate that approximately
eighty-three thousand one hundred eight dollars ($83.108) of the Funds
will be used to hire and employ the Housing Staff Attorney in
accordance with the Staff Attorney Budget attached to this Agreement
as Exhibit C."

Section 3. Attachments. The Job Description attached to this Amendment as Exhibit B and
the Staff Attorney Budget attached to this Amendment as Exhibit C are hereby incorporated into
the Agreement and attached to the Agreement as Exhibit B and Exhibit C, respectively.

Section 4. Right to Deny. If the services rendered by the Agency do not comply with this
Amendment, then the County reserves the right to deny payment or any requests for payment or
reimbursement from the Agency.

Section 5. Effective Date: Conflicts: Full Force. This Amendment is hereby made a part of
the Agreement and shall be effective upon execution by both parties (the "Effective Date"). All
provisions in the Agreement, any attachments to the Agreement, or any previous amendments
that conflict with this Amendment are hereby changed to conform to this Amendment. Except as
expressly modified in this Amendment or in any previous amendment to the Agreement, the
Agreement remains intact, unchanged, and in full force and effect.

IN WITNESS HEREOF, the parties have executed this Amendment on the dates set forth below.

ORANGE COUNTY, FLORIDA


By: The Board of County Commissioners

B y : - - - -- -- -- - - - -- -- -
Jerry L. Demings, Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of the County Commissioners

By: _ _ __ _ _ _ _ _ __ _ __ _

Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Page 2 of 3
32 32
CIETY OF
TY BAR , INC.

January 5, 2023
Date

Bethanie A. Barber Executive Director


Printed Name Official Title

STATE OF FLORIDA
COUNTY OF ORANGE

The foregoing instrument was acknowledged before me on this 5 day of January

___ 2023_, by Bethanie A. Barber , in his or her official capacity as the

Executive Director of the Legal Aid Society of the Orange ~ou~,ty Barr As~~cia~ion~ Inc.

\, l A .· .--+--·-11---
. I , , • 'I /

\ I I '. -''.(/\..fb/' V..-//


[X J Personally Known
[ 1 Produced Identification
Type of Identification Produced:_ _ _ __ ,,-~;:;:t;-iiiz:.. LARRI THATCHER
'~ ''' Notary Public · St.lie of Florida
\~~1 Commission II HH 060188
···'1.,0¥ r.~' My Comm. Expires Jan 5, 2025
........Bonded throu1h National Notary Assn.

33
Page 3 of 3 33
Exhibit B

Job Description {)i ,1:·1·.!!· i:.~,fi!iJ ~-;,:r


r1_,;.:,r.:.'.1i1,".':1 lt1,;

Position Title: Staff Attorney, Housing Litigation

Organization Name: The Legal Aid Society of the Orange County Bar
Association, Inc.

Brief Description of
the Organization: The Legal Aid Society provides civil legal assistance to
ind igent residents of Orange County . We are a client
centered organization committed to providing a full
range of h igh quality legal services. We have a lon g-
st anding tradition of partnership with the private bar.
We work closely with other local non-p rofits and we
collaborate state-wide to provide access to justice.

Position Description: The housing attorney will provide legal assistance to


tenants and homeowners in matters such as eviction,
substandard conditions, foreclosure, and other types of
housing related matters. The pract ice is focused on
impact advocacy and litigation but also requires
community education, outreach, intake, and active bar
participation. The attorney will supervise students from
time to time, train other staff and pro bono attorneys,
and co-counsel appeals as needed.

Skills or
Qualifications: Good communication skills; ability to work
constructively with others in a team work setting; good
judgment; strong organizational capability: ability to
learn quickly and to work hard, indep endently, and
under pressure; and ability to handle contested
hearings are all required.

Excelle nt Bene fits : We are an Equal Opportunity Employer. The position


is closed when filled.

Tim e Requireme nt : The office hours are Monday through Friday from 8:30
am until 5:00 pm. Community educa tion and outreach
activities also require night and weekend hours on
occasion, including Saturday intake.

34 34
Exhibit C

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION, INC.


Orange County Government
OFFICE OF TENANT SERVICES
STAFFING PROPOSAL: January l, 2023 through September 30, 2023
(Attorney 8 Years Experience)

Orange
County Other Total Project
Expense Description Government Funds Budget

PERSONNEL EXPENSES:
Salaries $ 45,378 .45 $ 45,378.45
Payroll Taxes $ 3,471.45 $ 3,471.45
Benefits $ l l,542.78 $ 11,542.78
TOTAL PERSONNEL EXPENSES: s 60,392.68 s - s 60,392.68

OPERATING EXPENSES:
Commercial Liability Insurance (bldg) $ 270.83 $ 270.83
Miscellaneous Employee Expenses $ 417.79 $ 417.79
Employee Professional Dues $ 583.33 $ 583.33
Continued Education $ 416.67 $ 4 16.67
Training (LAS,GAL, BOARD) $500.00 $ 500.00
Travel (Staff) $1,145.83 $ 1,145.83
Travel (Pro Bono) $ 93.75 $ 93.75
Telephone $ 708.33 $ 708.33
Building Maintenance $ 937.50 $ 937.50
Security Monitoring & Fees $ 63.50 $ 63.50
Postage and Meter $ 145.83 $ 145.83
Copier and Printing $ 166.67 $ 166.67
Equipment Expense $ 101.04 $ 101.04
Professional Management Liability $ 1,500.00 $ 1,500.00
Library $ 270.83 $ 270.83
General Office Expenses $ 1,041.67 $ 1,04 1.67
Volunteer Expenses $ 156.25 $ 156.25
Professional Services $ 3,447.92 $ 3,447.92
Audit $ 440.79 $ 440.79
Lega l Aid Litiga tion Expenses $ 9,807 .50 $ 9,807.50
Computer Equipment $ 499.29 $ 499.29
Administrative Expenses (de minim is l 0%) $ - $8,052.36 $ 8,052.36
TOTAL NON-PERSONNEL EXPENSES s 22,715.33 $8,052 .36 s 30,767.68

TOTAL PROJECT EXPENSES: $83,108.00 $8,052.36 s 91 ,160.36

35 35
Interoffice Memorandum I. CONSENT AGENDA
COUNTY ADMINISTRATOR
6

December 22, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ,/' // ~
). .J tJ·
FROM: Kurt N. Petersen, Director, Office of Management & Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Payment of Property Appraiser's Second Quarter Billing for
FY 2022-23

Florida Statutes Section 192.091 (1)(b) provides for quarterly payments to the
Property Appraiser for services rendered .

Board approval is requested to pay the Property Appraiser's second quarter


billing in the amount of $3,315,948.62.

ACTION REQUESTED: Approval to pay the second quarter billing for


the Orange County Property Appraiser in the
amount of $3,315,948.62.

KP/jw

36
36
Second Quarter Billing for the Orange County Property Apprai ser's Service
October 1, 2022 through September 30, 2023
Summary Sheet

Taxing Authority Accounting Line Amount Billed


County, School, and Municipalities 0001-023-0452-3143 ECO $ 3,018,348.96
County Fire and EMS 1009-034-0603-3143 FAP $ 289,634.87
Lake Jessam ine 1061-068-2430-3143-HOA $ 216.29
Lake Holden 1062-068-2438-3143 HDF $ 271.44
Lake Pickett 1078-068-2430-3143 HEF $ 381.01
Big Sand Lake 1079-068-2437-3143 HEN $ 356.23
Lake Price 1080-068-2430-3143 HFQ $ 35 .86
Lake Conway & Navigable· Canal 1095-068-2430-3143 HHI $ 747.07
Windermere Navigable Canal 1096-068-2435-3143 HHU $ 2,438.47
Orange Blossom Trail Corridor 1169-001-0040-3143 SOL $ 810.11
Orange Blossom Trail Neighborhood 1170-001-0041-3143 SOM $ 809.77
Orlando Central Park MSTU 1172-001-0038-3143 SDP $ 1,898.54

Total $ 3,315,948.62

5:\Shared\Analyst_ Others\Jay Wallace\Propeny Appraiser\Quarterly Billins Summary Sheet for OCC Aeenda ltem/FY23 2nd Qtr Dilling 12/22/37
2022 37
J. CONSENT AGENDA
COUNTY ADMINISTRATOR
7

O~E Interoffice Memorandurr

C~Y
GOVERNMENT
l - ' L O H l D 1\

January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ,;t.n.f.
FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Budget Amendments #23-08, #23-09 , and #23-10

Provided for Board approval are copies of the budget amendments processed by
the Office of Management and Budget.

ACTION REQUESTED: Approval of budget amendments #23-08 , #23-09, and


#23-10.

KP/nm

Attachment

38
38
O~E Interoffice Memorandum

CWY
GOVERNMENT
December 30, 2022

FLORIDA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners , Ii f)
-7.11J,
FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Budget Amendment #23-08, Fund #7809
Florida Department of Children and Families
Family Preservation/Stabilization Program
Agreement #SEMOROS016-2122
Youth and Family Services/Community and Family Services
Department

On September 23, 2021, the Board approved an estimated budget for the
FY 2022-23 Family Preservation/Stabilization program in the amount of
$458,141 . The U.S. Department of Health and Human Services, passed
through the Florida Department of Children and Families, which passed
th rough their lead agency, Embrace Families Community Based Care, Inc. has
approved carry over dollars from FY 2021-22 in the amount of $38,027. This
brings the total current year grant budget amount to $496,168. The grant
budget period is from July 1, 2022 through June 30, 2023.

Therefore, in accordance with Section 129.06(2)(d), Florida Statutes, it is


recommended that the following accounts be adjusted by the amounts shown.

Revenue:
Account Number Classification Amount
7809-062-7257-3140 Health and Human Services $ 38,027
TOTAL REVENUE ~ ~~

Expenditures:
Account Number Classification Amount
6RL-7809-062-7257-3215 Welfare Payments $ 5,000
6RL-7809-062-7257-3216 Rental Assistance Payments 15,000
6RL-7809-062-7257-3225 Child Care 500
6RL-7809-062-7257-4115 Miscellaneous Operating Supplies 10,000
6RL-7809-062-7257-4135 Food and Dietary 7,527
TOTAL EXPENDITURES 38,027
$~ ----""- =
KP/NM/ao

c: County Administrator
Clerk of the Board of County Commissioners
Finance
File
39 39
Q~E Interoffice Memorandum

C~Y
GOVERl~illNT
FLORIDA
December30,2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners n '/ /)
1.'JIJ,
;'
FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Budget Amendment #23-09, Fund #7736
U.S. Department of Housing and Urban Development
Housing Opportunities for Persons with AIDS (HOPWA)
Fiscal and Operational Support Division/Health Services Department

On September 22, 2022, the Board approved an estimated budget for the Housing
Opportunities for Persons with AIDS grant in the amount of $4,407,389. The
intergovernmental agreement between the City of Orlando and Orange County
awarded an amout of $4,933,742, which represents an increase in the amount of
$526,353 for the grant term of October 1, 2022 through September 30, 2023.

Therefore, in accordance with Section 129.06(2)(d), Florida Statutes, it is


recommended that the following accounts be adjusted by the amounts shown.

Revenues:
Account Number Classification Amount
7736-060-7311-3120 HUD $ 526,353
TOTAL REVENUES $

Expenditures:
Account Number Classification Amount
4DP-7736-060-7311 -3197 Contractual Services - Not $ 2,750
Otherwise Specified
4DM-7736-060-7312-8610 Aid to Private Organizations 523,603
TOTAL EXPENDITURES $ 526,353

KP/NM/ao

c: County Administrator
Clerk of the Board of County Commissioners
Finance
File

40
40
O~E Interoffice Memorandum

c~Y
GOVERl~MENT December 30, 2022
FLORIDA

TO: Mayor Jerry L. Demings


-AND- Ii
County Commissioners
~
t~.f
FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Budget Amendment #23-10, Fund #5886
U.S. Department of Housing and Urban Development
Emergency Solutions Grant COVID-19 (ESG-CV19) and
Emergency Solutions Grant CV2 (ESG-CV2)
CARES Act Funding
Contract #: E20-UW-12-0003
Housing and Community Development Division/Planning,
Environmental and Development Services Department

On June 23, 2020, the Board accepted from the U.S. Department of Housing and
Urban Development a special allocation of Emergency Solutions Grant
Coronavirus Funds (ESG-CV19) in the amount of $2,024,224. On September 28,
2021, the Board accepted a second special allocation of Emergency Solutions
Grant Coronavirus Funds (ESG-CV2) in the amount of $5,016,437 for a total grant
award of $7,040,661.

The U.S. Department of Housing and Urban Development has reduced funding
from ESG-CV2 in the amount of $755,987 for a new total grant budget of
$6,284,674.

Therefore, in accordance with Section 129.06(2)(d), Florida Statutes, it is


recommended that the following accounts be adjusted by the amounts shown.

Revenues:
Account Number Classification Amount
5886-068-8560-3120 HUD $ (755,987)
TOTAL REVENUES $._~~- 755,9~

Expenditures:
Account Number Classification Amount
21 U-5886-068-8577-4490 Affordable Housing (755,987)
TOTAL EXPENDITURES $ (755,987L .
KP/NM/ao

c: County Administrator
Clerk of the Board of County Commissioners 41
Finance 41
!='ilP
I. CONSENT AGENDA
COUNTY ADMINISTRATOR

O~E Interoffice Memorandum 8

c&fry
GOVERNMENT
F LO R I DA

January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners (If
1(. . ,
I

FROM: Kurt N. Petersen, Director, Office of Management & Budget

SUBJECT: Consent Agenda Item for January 24, 2023


Budget Transfer #23C-0049

Provided for Board approval is a copy of the budget transfer processed by the
Office of Management and Budget.

ACTION REQUESTED: Approval of budget transfer #23C-0049.

KP/nm

Attachment

42
42
BUDGET TRANSFER REQUEST
CONTROL NO 23C-0049 sec
(To be assigned by 0M B) aj

FUND NO 5896
- ---- DEPARTMENT(S) _ _ _ __ U
_t_il_
iti_e_s_D_e_,_p_a_rt_m
_e_n_t_ _ _ __ DATE:
- - 01/24/23
-----
Request the following transfer be made for the reason(s) stated :

AGENCY ORGANIZATION OBJECT APPR AMOUNT FROM AMOUNT TO

NO. 019 8620 3197 24M ................ ~1.?q9.,.9.9.9. .......... ....................................

NO.

ARPA Bithlo Rural Area Structures and Facilities


Water Other Than Buildings

TOTAL: $4,700,000 $4,700,000

JUSTIFICATION (to be completed by 0MB):This CIP budget transfer is necessary to transfer funds from the
American Rescue Plan Act (ARPA) COVID-19 Testing budget to the ARPA Bithlo Rural Area Water
project due to higher construction costs requ ired to complete the project. This will increase the total
project cost for the ARPA Bithlo Rural Area Water project.

RECOMMENDED BY
Office of Management & Budget

(County Comptroller)

APPROVED/ DISAPPROVED
Board of County Commissioners / County Administrator:

43
43
I. CONSENT AGENDA
COUNTY ADMINISTRATOR
Q ~ Interoffice Memorandum 9

c··oNtY
GOVERNMENT
FL OR IDA

January 6, 2023

TO: Mayor Jerry L Demings


-AND-
County Commissioners J!A• f/
FROM: Kurt N. Petersen, Director, Office of Management & Budget

SUBJECT: Consent Agenda Item for January 24, 2023


CIP Amendment #23C-0049

Provided for Board approval is a copy of the CIP amendment processed by the
Office of Management and Budget

ACTION REQUESTED: Approval of CIP amendment #23C-0049.

KP/nm

Attachment

44 44
REQUEST FOR AMENDMENT TO 5 YEAR CAPITAL IMPROVEMENTS PROGRAM

Department: Utilities Department Amendment No.: 23C-0049


Date Approved: 01/24/23

Project Information

FUND PROJECT# PROJECT TITLE FROM TO

5896 8620 ARPA COVD-19 Testing 4,700,000 -

5896 8630 ARPA Bithlo Rural Area Water 4,700,000

AMENDMENT TOTAL $ 4,700,000 $ 4,700,000

Project Amount Prior To This Amendment Revised Project Amount

Project Current
ID/Org Prior Years Budget Future Years Total Project Current Budget Future Years Total Project

8630 4,454,000 4,454,000 9,154,000 9,154,000

Description/Justification:

This CIP amendment is necessary to transfer funds from the American Rescue Plan Act (ARPA} COVID-19 Testing budget to the ARPA Bithlo
Rural Area Water project due to higher construction costs required to complete the project. This will increase the total project cost for the ARPA
Bithlo Rural Area Water project.

Original on file ' j

DEPARTMENT MANAGER OFFICE OF MANAGEMENT & BUDGET

45 45
COlJNTY A'JTORNEY'i
I. CONSENT AGENDA
,JEFFREY ,J. NEWTON COUNTY ATTORNEY
201 Sontl, Rosnlirnl J\n:1111c • :1rcl I 1
R cpl~· To: Pns1 Offi ce- Box 1 :3!)a
Orlando, FL 32802- J893
li(J7-83G-7820 • Fax IJ.07-8:36-5888
GOVERNMENT www.odl.net
F LORIDA

Consent Agenda Item


Deputy Co1111ty Attomey
Joel D. l'rinsell
MEMORANDUM
Senior Assista11t Cou11ty
Allomcys
TO: Mayor Jerry L. Demings
Katherine W. Latorre
and
Elaine M. Asad
County Commissioners . l !1-~\
Assistar,t Co1111ty
Allomeys
FROM: Jeffrey J. Newton, County Attorney Q J-
Roberta Alfonso David Berman, Assistant County Attorney ~
David Berman Contact (407) 836-7320 f--)
Cristina T. Berrios
Linda Brehmer-Lanosa DATE: January 9, 2023
.Joy Carmichael
Whitney E. Evers RE: Consent Agenda Item for Board Meeting on January 24, 2023
Georgiana Holmes Approval of Resolution regarding the Appointment of the 2024 Orange
Aleas Koos County Charter Review Commission
Scott McHenry
Sawsan Mohiuddin
Matthew Pritchett By way of memorandum sent December 13, 2022, the Board of County Commissioners
Dylan Schott was presented information regarding the Charter Review Commission and advised that
Scotl Shevenell Board appointments to the 2024 Orange County Charter Review Commission ("CRC")
Shonda White must be made no later than February 1st of this year.

Leg(I/ Admi11istmtive The resolution formally appoints the members of the 2024 CRC in accordance with the
Supervisor requirements of the Orange County Chaiter. It also establishes the CRC's scope of duties,
Anna M. Cahan addresses absences, financial disclosure requirements, and the expiration of CRC
members' terms. A subsequent draft of the resolution may be forthcoming upon receipt
Seuior Part1legal
Melessia Lofgren
of the names of appointees from Districts 1 and 5.

l'f1ralcgals
ACTION REQUESTED: Approval and execution of Resolution of the Orange
Maria Vargas, ACP County Board of County Commissioners regarding the
Gail Stanford appointment of the 2024 Orange County Charter
Review Commission

Attachment ( 1)

c: Byron W. Brooks, AICP, County Administrator

46 46
RESOLUTION
of the

ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS


regarding

THE APPOINTMENT OF THE 2024 ORANGE COUNTY


CHARTER REVIEW COMMISSION
Resolution No. _ __

WHEREAS, Section 702 of the Orange County Charter requires the Board of
County Commissioners to appoint a Charter Review Commission ("CRC") consisting of
not less than 11 members and not more than 15 members no later than February 1st of
the year prior to a presidential election year; and

WHEREAS, the CRC is empowered to conduct a comprehensive study of any or


all phases of county government and to propose amendments and revisions to the
Orange County Charter on the general election ballot for consideration by the County's
electors; and

WHEREAS, the Board of County Commissioners desires to fulfill its obligation


under Section 702 of the Orange County Charter to appoint members to the 2024
Orange County Charter Review Commission.

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

ORANGE COUNTY, FLORIDA:

Section 1. Appointment of 2024 Orange County Charter Review

Commission. The Charter Review Commission shall consist of 11 to 15 members, all

of whom are electors of Orange County and none of whom are elected officials. All

CRC members shall serve pursuant to the provisions of Section 702 of the Orange

County Charter.

47 47
The Orange County Board of County Commissioners hereby appoints the

following individuals to the 2024 Orange County Charter Review Commission :

District 1: Dick Batchelor

District 2: Angel de la Portilla


Greg Mellowe

District 3: Tom Callan


Mark Arias

District 4: Eric R. Grimmer


Rishi Bagga

District 5: John Fauth


Eugene Stoccardo

District 6: Alisha Adamson


Alejandro Pezzini

Mayor: Homer Hartage


Lee Chira
Dotti Wynn

Section 2. Duties. Pursuant to Section 702(8) of the Orange County Charter,

the CRC is empowered to conduct a comprehensive study of any or all phases of

county government. The CRC may, during its term, place proposed amendments or

revisions to the Orange County Charter on the ballot at any general election, provided

the CRC first holds no fewer than four (4) public hearings regarding the proposed

Charter amendments and revisions. A report of the proposed Charter changes must be

delivered to the Clerk of the Board of County Commissioners no later than the last day

for qualifying for election to county office under general law and shall be consistent with

the requirements of Section 702(8) of the Orange County Charter.

48
48
Section 3. Procedures. The CRC shall set its own meeting schedule. The

CRC shall create and elect appropriate officers as it deems necessary and proper for

the orderly conduct of its specific duties.

Section 4. Removal. The Board of County Commissioners shall have the

power, by a vote of five (5) members of the Board, to remove any CRC member who is

absent from more than three (3) meetings over a 180-day period. In the event a CRC

board member is removed for absenteeism, the Board shall promptly appoint a

replacement member to the CRC .

Section 5. Financial Disclosure Required. CRC members shall be subject to

the financial disclosure requirements of section 112.3145, Florida Statutes.

Section 6. Expiration of Term. Pursuant to Section 702(8) of the Orange

County Charter, the 2024 CRC shall automatically adjourn no later than the Monday

following the 2024 presidential election.

Section 7. Expenses. The Board of County Commissioners shall defray any

reasonable expenses of the CRC subject to any limitations imposed by the annual

county budgetary process.

Section 8. Effective Date. This resolution shall become effective upon the date

of its adoption.

[Signature page to follow]

49 49
ADOPTED THIS __th DAY OF JANUARY, 2023.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By:-----------
Jerry L. Demings
Orange County Mayor

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:------------
Deputy Clerk

50 50
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES
DEPARTMENT
1

C
GOVERNMENT
December 28, 2022
FLORIDA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

~ Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager 11,


Procurement Division

CONTACT: lulia Siemen, Manager II, Utilities Water Division


407-254-9844

SUBJECT: Award of Invitation for Bids Y22-1060-AV, Landscape Management


of Active and Inactive Southern Water Plant Locations

ACTION REQUESTED:

Approval to award Invitation for Bids Y22-1060-AV, Landscape Management of


Active and Inactive Southern Water Plant Locations, to the low responsive and
responsible bidder, Quisqueya Landscaping · Services, LLC, in the estimated
contract award amount of $427,020 for a three-year term. Further request
authorization for the Procurement Division to renew the contract for two additional
one-year terms.

In the event the bidder recommended above fails to achieve timely compliance
with pre-award deliverables, as defined in the Invitation for Bids, including, but
not limited to, M/WBE participation sub-contract agreements, State Division of
Corporations registration, E-verify, insurance and bonds, further request
authorization for the Procurement Division to award to the next low responsive
and responsible bidder as listed in the bid tabulation herein, to the extent
practicable and advantageous to the County.

PURPOSE:

This contract will provide landscaping services for active and inactive water plants
throughout Orange County.

FUNDING:

Funding is available in account number 4420-038-1324-3810.

APPROVALS:

The Utilities Water and Business Development Divisions concur with this
recommendation.

51 51
Y22-1060-AV, Landscape Management of Active and Inactive Southern Water Plant
Locations
Page 2

REMARKS:

Four bids were received in response to this Invitation for Bids and were evaluated
for responsiveness, responsibility, and price reasonableness. Powe Associates
Inc. and Seasonal Effects, LLC were deemed non-responsive for failure to submit
the required documents. Quisqueya Landscaping Services, LLC has the
necessary manpower and equipment to perform this contract. Staff has
determined that the bid price is reasonable based on comparison to previous
contracted prices. Quisqueya Landscaping Services, LLC meets all
specifications and requirements of the solicitation. Therefore, recommendation
for award is made to Quisqueya Landscaping Services, LLC.

The bid tabulation is as follows:

Estimated Estimated 3-
Annual Bid Year Bid
Quisaueva Landscapina Services, LLC $142,340 $427,020
Aero Groundtek LLC $264,800 $794,400
Non-
Powe Associates Inc. Responsive
Non-
Seasonal Effects, LLC Resoonsive

52 52
Interoffice Memorandum

C
GOVERNMENT
BUSINESS DEVELOPMENT DIVISION

December 15, 2022

TO: Ana Villalona, Contracting Agent


Procurement Division

FROM: Kesi Warren, Senior Contract Administrator


Business Development Division

SUBJECT: Business Development Division Bid Evaluation (re-submitted)

PROJECT:
.
IFB #Y22-1060-AV, -Landscape Management of Active and
Inactive Southern Water Plant Locations

The Business Development Division evaluated two bids submitted for this
project. None of the bidders are an Orange County Certified Minority /Women
Business Enterprise (M/WBE) firms. At the time of bid opening, there were at
least six firms certified at the prime level in the scope of service. Hence, the bid
preference program in accordance with the County's M/WBE Ordinance,
Section 17-324 cannot be applied.

Also, I confirm that my recommendation is free of conflicts of interest.

c: Sheena Ferguson, Manager, Business Development Division

53
53
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES

o•E DEPARTMENT
2

·CBfY
GOVERNMENT
December 30, 2022
Pl.ORID/1
To: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP- CPP, CPPO, C.P.M. Manager II,


Procurement Division

Contact: Sara Flynn-Kramer, Manager 11, Capital Projects Division


407-836-0048

Subject: ·Award of Invitation for Bids Y22-7015-RC Orange County Public


Works Building 2 and 5 Roof Replacement

ACTION REQUESTED:

Approval to award Invitation for Bids Y22-7015-RC, Orange County Public


Works Building 2 · and 5 Roof Replacement, to the low responsive and
responsible bidder, Atlas Apex Roofing, LLC, _
in the total contract award amount
of $952,000.

PROCUREMENT:

This project includes building, site work and related construction work to produce a
complete and functional roof assembly, including but not limited to, the removal of
the existing metal panel and associated flashings and replacement of the existing
roofing assembly including the roof panels, roof insultation, and metal roof
flashings. The project is located in District 6.

FUNDING:

Funding is available in account number 1023-043-2052-3810.

APPROVALS:

The Capital Projects Division and Business Development Division concur with
this recommendation.

REMARKS:

Three bids were received in response to the Invitation for Bids and evaluated for
responsiveness, responsibility, and price reasonableness. Clyde Johnson
Construction .&.. Roofing CJC was deemed non-responsive for failing to submit
the required bip bond with their bid submittal. Architectural Sheet Metal, Inc. was

54
54
Award Invitation for Bid Y22-7015-RC , Orange County Public Works Buildings 2 and
5 Roof Replacement
Page 2

deemed non-responsive by the Procurement Division based on the analysis provided


by the Business Development Division which identified that the M/WBE participation
goal was not achieved and sufficient good faith effort documentation was not provided.
The bid submitted from Atlas Apex Roofing, LLC is considered reasonable based on
comparison to the engineer's estimate. References provided were satisfactory for this
type of work and Atlas Apex Roofing, LLC has been determined to be responsible.
Therefore, award is recommended to Atlas Apex Roofing, LLC.

Bid tabulation is as follows:

BID RECEIVED: Base Bid


Atlas Apex Roofing, LLC $952,000

Architectural Sheet Metal, Inc. Non-Responsive

Clyde Johnson Construction & Roofing Non-Responsive


CJC

55
55
Interoffice Memorandum

GOVERNMENT
BUSINESS DEVELOPMENT DIVISION

December 5, 2022

TO: Rochelle Chambers, Contracting Agent


Procurement Division

FROM: Princess Clarke, Senior Contract Administrator


Business Development Division

SUBJECT: Business Development Division M/WBE Bid Evaluation Revised

PROJECT: Y22-7015-RC I Orange County Public Works Bldgs 2 & 5 Roof


Replacement (Base Bid plus Additive #1) (Revised)

The Business Development Division evaluated two bids submitted for this project. The Business
Development Division completed an M/WBE Availability Analysis. The scope of services for
this project had limited Minority/Women Business Enterprise availability. As a result, the
M/WBE goal was reduced from 25% to 9%. At the time of bid opening, at least 39 M/WBE
firms were certified to provide the scope of services at the subcontract level.

The apparent low bid, submitted by Architectural Sheet Metal, Inc. reported 29.97% in M/WBE
participation and did not meet the Orange County M/WBE participation goal per the Ordinance
requirement. While they listed firm Merit Fasteners in their bid, the firm is not a currently
certified M/WBE Firm. No letters of intent were received from the low bidder for certified
M/WBE subcontractors. Good Faith Effort (GFE) was not submitted per the Ordinance if
the M/WBE goal is not met. Therefore, GFE was not achieved. Please note the following
certified M/WBE participation that was not confinned:

l
Not Orange County Merit Fastener#
Certified
$227,044 .33

Total MWBE Participation (Not Confirmed) ~(29.97%)


*At the time of bid the company is not Orange County certified

The apparent second low bid, submitted by Atlas Apex Roofing, LLC, reported 10.22% in
M/WBE participation and met the Orange County M/WBE participation goal per the Ordinance
requirement. While they listed firm McLean Lightning Protection in their bid, the firm is not a
currently certified M/WBE Firm. Please note the foll owing certified M/WBE participation:

MBE-HM C.G. R. Construction Co. $98,000


Not Orange County Mebean-bightning Proteet¼efl.i. $12,825
Certified
Total MWBE Partici ation $98,000 56
*At the time of bid the company is not Orange County certified /J
,..,.....,,,.dAfd.,
1
,,
Interoffice Memorandum

In the event the lowest bidder is not the recommended bidder, then letters of intent must be
obtained from the recommended bidder two business days after being contacted. The
Procurement Division notified the Business Development Division on November 23, 2022, to
state Atlas Apex Roofing, LLC was under consideration for award recommendation and
therefore letters of intent (LOI's) needed to be obtained. The Business Development Division
received the LOI's on December 1, 2022.

Our evaluation of these bids was based on the participation listed on the subcontractor/supplier
page. Attached is a spreadsheet reconciling the bidders' compliance with the Invitation for Bid's
M/WBE requirements, including the percentage breakdown for all bidders and a comparison of
the relative bids versus participation percentages.

Also, I confirm my recommendation is free of conflicts of interest.

cc: Sheena Ferguson, Manager, Business Development Division

57 57
BIO COMPARISON
Y22-7015-RC I Orange County Public Works Bldgs 2 & 5 Roof Replacement
(Base Bid plus Additive #1)

M/WBE % M/WBE EEO %


Rank Bidder Bid Amount GFE
$'sin Bid (Goal 9%) M / W

Low Bid Architectural Sheet Metal, Inc. $757,685.00 $0.00 0.00% No 13/13%

2nd Low Atlas Apex Roofing, LLC $958,500.00 $9'8,000.00 10.2.2% NIA 49 / 2 %

U1
co 58
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
3

Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

Contact: Lindy A. Wolfe, P.E., Manager II, Utilities Engineering Division


407-254-9918 . .

Subject: Award of Invitation for Bids Y22-7049-ZR, Utilities Pump Stations


Improvements Package 42

ACTION REQUESTED:

Approval to award Invitation for Bids Y22-7049-ZR, Utilities Pump · Stations


Improvements Package 42, to the low responsive and responsible bidder, Prime
Construction Group, Inc., in the total contract award amount of $3,525,525.

In the event the bidder recommended above fails to achieve timely compliance with
pre-award deliverables, as defined in the Invitation for Bids, including, but not limited
to, M/WBE participation sub-contract agreements, State Division of Corporations
registration, E-verify, insurance and bonds, further request authorization for the
Procurement Division to award to the next low responsive and responsible bidder as
listed in the bid tabulation herein, to the extent practicable and advantageous to the
County.

PROCUREMENT:

Work under this contract consists of improvements to four duplex pump stations
including installations of liners in the wet wells, replacement of pumps, riser and
discharge piping, valves, electrical systems, and improve site access and security.
The project is located in Districts 1, 4, and 6.

FUNDING:

Funding is available in account numbers 4420-038-1502-94-6310, 4420-038-1599-


0146-6310, 4420-038-1599-0127-631 0,and 4420-038-1559-013~-6310.

APPROVALS:

The Utilities Engineering and Business Development Divisions concur with this
recommendation.

59
59
Award Invitation for Bids Y22-7049-ZR , Utilities Pump Stations Improvements
Package 42
Page 2
REMARKS:

Two bids were received in response to the Invitation for Bids and were evaluated
for responsiveness, responsibility, and price reasonableness. The bid submitted by
Prime Construction Group, Inc. is considered reasonable based on updated
engineeris cost estimate and current market conditions. References provided were
satisfactory for this type of work and Prime Construction Group, Inc. has been
determined to be responsible. Therefore, award is recommended to Prime
Constru ction Group, Inc.

Bid tabulation is as follows:

Bidder Total Bid Amount


Prime Construction Group, Inc. $3,525,525
R.P. Utility & Excavation Corporation $4,164,694

60
60
Interoffice Mcmornndurn

GOVERJ\TMENT
BUSINESS DEVELOPMENT DIVISION

November 9, 2022

TO: Zuleimy Ralat Perez, Contracting Agent


Procurement Division

FROM: Princess Clarke, Senior Contract Administrator


Business Development Division

SUBJECT: Business Development Division M/WBE Bid Evaluation Revised

PROJECT: Y22-7049-ZR I Utilities Pump Stations Improvement Package 42

The Business Development Division evaluated two bids submitted for this project. The Business
Development Division completed an M/WBE Availability Analysis. The scope of services for
this project had limited Minority/Women Business Enterprise availability. As a result, the
M/WBE goal was reduced from 25% to 20%. At the time of bid opening, at least 79 M/WBE
firms were certified to provide the scope of services at the subcontract level.

The apparent low bid, submitted by Prime Construction Group, Inc., reported 20.13% in M/WBE
participation and met the Orange County M/WBE participation goal per the Ordinance
requirement. Letters of intent were received from the low bidder for certified M/WBE
subcontractors. Please note the following certified M/WBE participation:

MBE-HM Central Florida Constmction Walls $198,320


MBE-HM EM Paving $22,614
WBE-WF LP Video $1,050
MBE-AFAM HZ Construction $405,429.20
MBE-HM Diversified Supply $82,400
Total MWBE Participation $709,813.20 (20.13%)

61
61
Interoffice Memorandum

The apparent second low bid, submitted by RP. Utility & Excavation Corporation, reported
20.03% in M/WBE participation, and met the Orange County M/WBE participation goaJ per the
Ordinance 1·equirement. Please note the following certified M/WBE participation:

MBE-AFAM SOP Consulting & Construction Services $511,000


MBE-HM EM Paving $40,000
MBE-AFAM Tek Hauling $5,000
WBE-WF Global-5 $11,500
MBE-HM Central Florida Construction Walls $200,623
MBE-HM Corcel Corp. $50,000
MBE-AFAM HZ Construction $16,100
Total MWBE Participation $844,223 (20.03%)

In the event the lowest bidder is not the recommended bidder, then letters of intent must be
obtained from the recommended bidder two business days after being contacted.

Our evaluation of these bids was based on the participation listed on the subcontractor/supplier
page. Attached is a spreadsheet reconciling the bidders' compliance with the Invitation for Bid's
M/WBE requirements, including the percentage breakdown for all bidders and a comparison of
the relative bids versus participation percentages.

Also, I confirm my recommendation is free of conflicts of interest.

cc: Sheena Ferguson, Manager, Business Development Division

62
62
BID COMPARISON
Y22-7049-ZR / Utilities Pump Stations Improvement Package 42

M/WBE % M/WBE EEO%


Rank Bidder Bid Amount GFE
$'sin Bid (Goal 20%) M/W

Low Bid Prime Construction Group, Inc. $3,525,525.00 $709,813.20 20.13% N/A 41 / 11 %

2nd Low R.P. Utility & Excavation Corporation $4, 164,694.00 $834,223.00 20.03% N/A 67 / 33 %

63
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
4

C
GOVERNMENT
December 29, 2022
F I. OR ID A
To: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager 11,


Procurement Division

Contact: Sara Flynn-Kramer, Manager II, Capital Projects Division


407-836-0048

Subject: Award of Invitation for Bids Y23-704-CC, Regional History


Center Computer Room Air Conditioner Units Replacement

ACTION REQUESTED:

Approval to award Invitation for Bids Y23-704-CC, Regional History Center


Computer Room Air Conditioner Units Replacement, to the low responsive and
responsible bidder, Air Mechanical & Service Corp., in the total contract award
amount of $665,000.

PROCUREMENT:

Work under this contract includes the replacement of all existing chilled water
computer room air conditioner units that are located on the 2nd , 3rd , and 4 th floors
of the Orange County Regional History Center. The project is located in District
5.

FUNDING:

Funding is available in account number 1023-043-2049-3810.

APPROVALS:

The Capital Projects and Business Development Divisions concur with this
recommendation.

REMARKS:

Three bids were received in response to the Invitation for Bids and were
evaluated for responsiveness, responsibility, and price reasonableness. The bids
submitted by Comfort Aircon , Inc. and General Mechanical Corporation were
deemed non-responsive by the Procurement Division, based on the analysis
provided by the Business Development Division, which identified that the
M/WBE participation goal was not achieved, and good faith effort documentation
was not provided. A timely protest was filed by Comfort Aircon, Inc. In
accordance with the Procurement Ordinance, a protest review was held by the

64
64
Award Invitation for Bids Y23-704-CC, Regional History Center Computer
Room Air Conditioner Units Replacement
Page 2

Procurement Manager on December 15, 2022, and the decision was rendered
to deny the protest. No appeals were received. The low bid is considered
reasonable based on current market factors. References provided were
satisfactory for this type of work and Air Mechanical & Service Corp. has been
determined to be responsible. Therefore, award is recommended to Air
Mechanical & Service Corp.

Bid tabulation is as follows:

Bidder Total Bid Amount


Air Mechanical & Service Coro. $665,000
Comfort Aircon, Inc. Non-Responsive
General Mechanical Corporation Non~Responsive

65 65
Interoffice Memorandum

C
GOVERL"'™ENT
BUSINESS DEVELOPMENT DIVISION

November 23, 2022

TO: Corie Cwnmings, Contracting Agent


Procurement Division

FROM: Princess Clarke, Senior Contract Administrator


Business Development Division

SUBJECT: Business Development Division M/WBE Bid Evaluation

PROJECT: Y23-704-CC / Regional History Center Computer Room Air Conditioner


Units Replacement (Revised)

The Business Development Division evaluated three bids submitted for this project. The
Business Development Division completed an M/WBE Availability Analysis. The scope of
services for this project had limited Minority/Women Business Enterprise availability. As a
result, the M/WBE goal remained at 25%. At the time of bid opening, at least 63 M/WBE firms
were certified to provide the scope of services at the subcontract level.

The apparent low bid, submitted by Orange County MBE firm Comfort Aircon, Inc., is bidding
as Prime Contractor did not meet the Orange County M/WBE participation goal per the
Ordinance requirement. Therefore, Comfort Aircon, Inc., is required to self-perform no less
than 51% of the contract per Sec. 17-321 per the M/WBE Ordinance. In the event this
requirement is not achieved, other M/WBE's will have to be included to achieve the 25%
M/WBE goal. Comfort Aircon, Inc., reported self-performing 0% with 0% sub-contractor's
participation listed on attachment C-2. No letters of intent were received from the low bidder for
certified M/WBE subcontractors. Good Faith Effort (GFE) was not submitted per the
Ordinance if the. M/WBE goal is not met. Therefore, GFE was not achieved.

The apparent second low bid, submitted by General Mechanical Corporation, reported 0% in
M/WBE participation and did not meet the Orange County M/WBE participation goal per the
Ordinance requirement. Good Faith Effort (GFE) was not submitted per the Ordinance if
the M/WBE goal is not met. Therefore, GFE was not achieved.

66 66
Interoffice Memorandum

The apparent third low bid, submitted by Air Mechanical & Service Corp., reported 4.68% in
M/WBE participation and did not meet the Orange County M/WBE participation goal per the
Ordinance requirement. However, did achieve good faith effort documentation. Please note the
following certified M/WBE participation:

MBE-AFAM I Celectsvs $7,200


WBE-HF I First Option Insulation $23,929.90
Total MWBE Participation $31,129.90 (4.68%)

In the event the lowest bidder is not the recommended bidder, then letters of intent must be
obtained from the recommended bidder two business days after being contacted. The
Procurement Division notified the Business Development Division on November 8, 2022, to
state Air Mechanical & Service Corp. was under consideration for award recommendation and
therefore letters of intent (LOI's) needed to be obtained. The Business Development Division
received the LOI's on November 17, 2022.

Our eyaluation of these bids was based on the paiiicipation listed on ¢.e subcontractor/supplier
page. Attached is a spreadsheet reconciling the bidders' compliance with the Invitation for Bid's
M/WBE requirements, including the percentage breakdown for all bidders and a comparison of
the relative bids versus participation percentages. :• .

Also, I confom my recommendation is free of conflicts of interest.

cc: Sheena Ferguson, Manager, Business Development Division

67 67
BID COMPARISON
Y23-704-CC I Regional History Center Computer Room Air Conditioner Units Replacement
% Prime %Sub-
Sub-contractor
Rank Prime MWBE $'s MWBE self- contractor EEO %
Bidder Bid Amount M/WBE Total MWBE % GFE
in the Bid performing M/WBE M/W
$'sin Bid
(Goal 51%1 (Goal 25%)
Low Bid Comfort Aircon , Inc. $474,000.00 $0.00 $0.00 0.00% 0 .00% 0.00% No 100 / 0 %
2nd Low General Mechanical Corporation $503,800.00 $0.00 $0.00 0.00% 0 .00% 0 .00% No 18 / 0 %
3rd Low Air Mechanical & Service Corp. $665,000 .00 $0.00 $31,129.90 0 .00% 4 .68% 4.68% Yes 33 / 0 %

0)
co 68
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
5

December 30, 2022

GOVERNMENT
FLORlDA
To: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

Contact: Sara Flynn-Kramer, Manager, Capital Projects Division


407-836-0048

Subject: Award of Invitation for Bids Y23-708-MB, Courthouse Additional Vendor Parking

ACTION REQUESTED:

Approval to award Invitation for Bids Y23-708-MB, Courthouse Additional Vendor Parking, to the
low responsive and responsible bidder, Valencia Construction Group, Inc., in the total contract
award amount of $523,023.

In the event the bidder recommended above fails to achieve timely compliance with pre-award
deliverables, as defined in the Invitation for Bids, including, but not limited to, M/WBE participation
sub-contract agreements, State Division of Corporations registration, E-verify, insurance and
bonds, further request authorization for the Procurement Division to award to the next low
responsive and responsible bidder as listed in the bid tabulation herein, to the extent practicable
and advantageous to the County.

PROCUREMENT:

Work under this contract will consist of the construction of a paved parking lot for vendor services
at the Orange County Courthouse in Orlando, Florida. The project is located in District 5.

FUNDING:

Funding is available in account number 1023-043-0263-3810.

APPROVALS:

The Capital Projects and Business Development Divisions concur with this recommendation.

REMARKS:

Three bids were received in response to this Invitation for Bids and were evaluated for
responsiveness, responsibility, and price reasonableness. Staff determined that the bid from
Valencia Construction Group, Inc. is considered reasonable for this type of work. References
provided by Valencia Construction Group, Inc. were verified and satisfactory for this type of work.
Therefore, award is recommended to Valencia Construction Group, Inc. ·

69 69
Award of Invitation for Bids Y23-708-MB, Courthouse Additional Vendor Parking
Page 2

Bid tabulation is as follows:

Bidder Estimated Total Bid

Valencia Construction Group, Inc. $523,023

S.A. Casey Construction, Inc. $587,000


American Persian Engineering and Construction
$647,900
u:.c

70
70
lntcroffice Mclllorandum

BUSINESS DEVELOPMENT DIVISION

December S, 2022

TO: Michelle f3li:1ck, Contracting Agent


Procurement Djvision

FR.OM: Princess Clarke, Senior Conttc:1ct A<;lniinistrator


Business Development Div'.i$iort

SUBJECT: Business Development Division Bid Evaluation

PROJECT: Y23-708-MB / Courthouse Additional Vendor Parking

The Busin,~ss Development Divi.sion evaluated the three bids submitted for this project. The
Business Oevelopm~nt Division completed a M/WBE AvailabiJjty Analysis. The scop~ of
services for this project had M/WBE availability. As a result, the M/W.BE goal remained ~t 25%.
At the time of bid operi..ing; at least 61 firms were c¢rtified to provipe the scope of services at the
subcontract level.

The apparent low bid, submitted by Orange County MBE firm Valencia Construction Group,
Inc. is bidding as Prime Con.tractor. Therefore, Valencia Construction GrotJp, Inc., js required to
self-perform no less than 51% of the contract per_Sec. 17-321 per the MIWBE Ordinance. In the
event this requirement is not achieved, other M/WBE's will have to be included to achieve the
25% M/WBE goal. Valencia Construction Group, Inc., repo1ted self-performing 94.64% and met
the Orange CQunty M/WBE particip.ition goal per the Ordinance requirement. While they
l1sted WBE firm Angco in their bid, they did not specify the scope of classifi<.:ation on
attachment C-2. No lett~r of iritent is applicable as the Prime Confract<;>r is a MBE firm that is
self-performing 94.64% of the scopes of service. Please Mte the following certified M/WBE
participation:

MBE~AM Valencia Construction Grouv, Inc. $495,000


MBE-AFAM Sterling Silver Scape Sod ~
WBE~WF Am~co ~()
Total Jv,IWBE Participation $495,000 (94.64 % )

71 71
Interofflce Memorandum

The apparent second low bid1 submitted by S.A. Casey Co~1struction, Inc., reported 25.03% in
M/WBE participation. They met the 25% Orange County M/WBE participation goaJ per the
Ordinance requirement. Please note the following certified M/WBE participation:

MBE-BM EM.Paving '$30,008


WBE-WF John B. Webb & Associate~ $31;400
MBE-HM Cebtral Florida ConstnJc.tion Walls $85,491
Total MWBE P.articipation $146,899 (25.03%)

'fbe apparent thitq low !:)id, submitt.ed by American Persian Engin<;:~ting and Construction, LLC
(dba Apec; LLC), repqtted ·28.23% in M/WBE participation. They met the 25% Orange Cou1;_1ty
MIWBE participation goal p~r the Ordinance requircJPeilt. Please note the following certified
M/~E participation:

MFJ&JIM I Germ.art Delaware $181,412


W8E-WF · I Wipte.t;' Garden Grassing :$.. r.,
1500. .
Toti)} MWBE Particination $182~912 (28;23%)

In the event the lowest bidder js not the recommended btdcier, then letters of intent must be
obtained from the recommended bidder two business days after being contacted.

Our evaluation o:f these bids was based on die participation listed on the subc.ontractQrh,upplier
page. Attiuibed is a spreadsheet reconciling t'q'e bidders 1 coinplianc~ with the Invitation for Bid's
MiWBE tequirements, including the percentage breakqown for aii bidders and a comparison of
the _rela1jve•bidi; versus participation percenti:1ges.

Also1 I confirm my recommendation is free of conflicts of interest

cc: Sheena Fer~µson, Manager, Business Development Division

72 72
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES

iE_
DEPARTMENT
6

December 22, 2022


GOVERNMENT_
FLORIDA

To: Mayor Jerry L. Demings


-AND-
County Commissioners

~ Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

Contact: David Jones, P.E., CEP, Manager, Environmental Protection Division


407-836-1406

Subject: Approval of Contract, Y23-l 58, Maintenance and Support of Internet Based
Orange County Water Resource Atlas

ACTION REQUESTED:

Approval of Contract Y23-l58, Maintenance and Support of Internet Based Orange County
Water Resource Atlas, with the University of South Florida, in the not-to-exceed amount of
$276,160 for a four-year tenn.

PROCUREMENT:

This contract provides for the continuation of internet-based software maintenance and support
for the Water Resource Atlas that combines multiple sources of county water data quality into a
single onJine resource accessible by government agencies, scientists, and citizens. The Atlas is a
data and information portal with a user-friendly, interactive website designed to make science
and watershed management understandable by users of varying expertise. The Atlas is also an
important component ofpublic outreach and needed to meet statutory requirements for the Total
Maximum Daily Load program. The contract term will be June 1, 2023 through May_31, 2027.

FUNDING:

Funding is available in account number 0001 -068-2422-3192. The County is reimbursed


57% of the cost from municipal agency partners (Cities of Orlando, Winter Park, Winter
Garden, Apopka, Belle Isle, Eatonville, Edgewood, Ocoee, Florida Department of
Transportation, and the Valencia Water Control District) through inter-local agreements.

APPROVALS:

The Environmental Protection Division and Information Systems and Services Division concur
with th.is recommendation

73
73
Approval of Contract, Y23-158, Maintenance and Support of Internet Based Orange County
Water Resource Atlas
Page 2

REMARKS :

1n accordance with the Code of Ordinances, Part I, Chapter 17, Article lll, Section 17-286 -
Application and Exclusions, agreements between the Board and governmental entities are
excluded from competitive procurement requirements.

Since March 15, 2005, the Board has authorized contracts with the University of South Florida
for the cost of the implementation and maintenance of the Water Resource Atlas. The County's
Water Atlas is a cooperative project between multiple agencies that allows for the consolidation
of data on lakes, streams, and watersheds. Citizens, agencies, institutions, and scientists can
access the site and download information at any time. No other data source is available that holds
as much information in one location such as the Atlas.

The Environmental Protection Division selected the University to implement the Water Atlas
for the County because of the unique experience the University gained when developing the
technology for six other water atlases and the substantial cost savings associated with using an
existing technology. ·

The management of the County's water resources requires an informed citizenry and the
cooperation of multiple government agencies. Toe County and many municipalities within the
County collect water quality, water flow, and water level data for any of the County's lakes and
rivers. In addition, the South Florida Water Management District, the St. Johns River Water
Management District, the Florida Department ofEnvironmental Protection, the Florida Fish and
Wildlife Conservation Commission, the United States Geological Survey and others monitor
water quality and habitat value in the County. Despite the abundance of information, no single
source exists where all ofthis data is archived and made readily available to government leaders
and staff, scientists, and citiz.ens of the County. Toe Atlas provides direct access to data and
information collected and maintained by the agencies mentioned above. The information system
technologies used in the Atlas design include Internet-based GIS, database systems, and
database-driven server-side web pages.

74
74
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES

· E
DEPARTMENT

01 7

c:~Y
GOVERNMENT
FLORIDA
December 30, 2022

To: . Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

Contact: Angela Chestang, Manager, Citizens' Commission for Children Division


407-836-6541

SUBJECT: Approval of Contract Y23-2027, Domestic Violence Childcare Program

ACTION REQUESTED:

Approval of Contract Y23-2027, Domestic Violence Childcare Program, with Community


Coordinated Care for Children, Inc., in the total contract award amount of $1,000,000 for a
two-year term. ·

PURPOSE:

This contTact will provide for the Domestic Violence (DV) Childcare Program to DV
survivors with chilclren, ages birth to 12 years old, in an effort to minimiz.e barriers to care.
Referrals for DV childcare will be initiated by Citizens' Commission for Children approved
DV service providers in Orange County. The performance period will be upon contract
execution through December 31, 2024.

FUNDING:

Funding is avail~ble in account number 000 I-062-2556-8610.

APPROVALS:

The Citizens' Commission for Children Division approves this allocation of Children
Services rollover funding to be utilized for this contract.

REMARKS:

In accordance with the Code of Ordinances, Part I, Chapter 17, A.Iticle Ill, Section 17-286
- Application and Exclusions, agreements between the Board and nonprofit organizations
are excluded from competitive procurement requirements.

Community Coordinated Care for Children, Inc. will provide DV Cru]dcare Program to
support DV survivors with childcare subsidie.s for up to one year. The direct reimbursable
amount shall be 100% of the cost of care, inc]uding registration fees, late fees and/or
overages, if applicable.

75
75
Interoffice Memorandum I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
8

--=-~~=-==- December 22, 2022


GOVE ➔NT
FLORJDA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

CONTACT: Claudia Yabrudy, Manager, Health Services Department


407-836-6583

SUBJECT: Approval of Amendment 9, Contract Yl 8-l 80A, Ryan White Part A Medical
Case Management and Referral for Healthcare and Support Services

ACTION REQUESTED:
Approval of Amendment 9, Contract Yl8-180A, Ryan White Part A Medical Case
Management and · Referral for Healthcare and Suppott Services, with Center for
Multicultural Wellness and Prevention, Inc., in the amount of $100,000, for a revised
estimated contract amount of $576,845.

,P ROCUREMENT:
This amendment will add funding to provide a continuation of services and to cover expenses
until the end of February 28, 2023.

F
, ◄ UNDING:

Funding is available in account number 70 l 8-060-7302-86 l 0.

A,PPROVALS:
The Health Services Department concurs with this recommendation.

R,emarks:
On January 31, 2018, the Board authorized award of contract Y18-180A to Center for
Multicultural Wellness and Prevention, Inc. in the total amount of $426,845 for a one-year
term with further approval for the Procurement Division to renew the contract for four
additional one-year tem1s.

Previous Contract Amendment are as follows:

• Amendment No. 1: Amended Aiticle XII, Recordkeeping, Monitoring and


Auditing and Article XIV, Indemnification, Safety and Insurance; and .
authorized a 30-day advance payment in the amount of $30,000. The contract
total remained unchanged.
• Amendment No. 2: Renewed the contract for the period of March 1, 2019
through February 29, 2020.

76 76
Approval of Amendment 9, Contract Yl8-180A, Ryan White Part A Medical Case
Management and Referral for Healthcare and Support Services
Page2

• Amendment No. 3: Renewed the contract for the period of March l, 2020 through
February 28, 2021.
• Amendment No. 4: Revised the scope in response to changes caused by the COVID-19
pandemic. The reimbursement process was changed from · unit based to cost
reimbursement. The contract total remained unchanged.
• Amendment No. 5: Renewed the contract for the period of March l, 2021 through
Febrnary 28, 2022.
• Amendment No. 6: Renewed the contract for the period of March 1, 2022 through
February 28, 2023.
• Amendment No. 7: Added funding in the amount of $50,000 for a revised estimated
contract amount of $476,845. · This increase was processed within the· Procurement
Division's approval authority. ·
• Amendment No. 8: Revised Attachment A from a cost reimbursement contract to a fixed-
price contract. The contract total remained unchanged.

77
77
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
. Interoffice Memorandum DEPARTMENT
9

C _
GOVERNMENT
December 22, 2022
l'LORIPA

TO: Mayor Jerry L. Dernings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

CONTACT: Claudia Yabrudy, Manager, Health Services Department


407-836-6583

SUBJECT: Approval of Amendment 8, Contract YI 8-180C, Ryan White Part A Medical


Case Management and Referral for Healthcare and Support Services

A
.CTION REQUESTED:
Approval of Amendment 8, Contract Yl 8-180C, Ryan White Part A Medical Case
Management and Referral for Healthcare and Support. Services, with Miracle of Love, Inc.,
in the amount of$80,000, for a revised estimated contract amount of $1,033,274. ·

,PROCUREMENT:
This amendment will provide a continuation of services and to cover expenses m1til February
28, 2023 .

.FUNDING:
Funding is available in account number 7018-060-7302-8610.

AP,PROVALS:
The Health Services Deprutment concurs with this ·recommendation.

R
. emarks:
On January 31, 2018, the Board authorized award of contract Y18-180C to Miracle of Love,
Inc. in the estimated amount of $953,274 for a one-year term with further approval for the
Procurement Division to renew the contract for four additional one-year tenns.

Previous contract amendment are as follows:

• Amendment No 1: Amended Articles XII and XIV and authorized a 30-day


advance payment in the amount of $40,000. There was no change to the
contract total.
• Amendment No. 2: Renewed the contract for the period of March 1, 2019
through ·February 29, 2020.
• Amendment No. 3: Renewed the contract for the period of March 1, 2020
through February 28, 2021.

78
78
Approval of Amendment 8, Contract Y J 8- l 80C, Ryan White Part C Medical Case
Management and Referral for Healthcare and Support Services
Page2

• Amendment No. 4: Revised the scope in response to changes caused by the COVlD-19
pandemic. The reimbursement process was changed from unit based to cost
reimbursement. The contract total remained unchanged.
• Amendment No. 5: Renewed the contract for the period of March I, 2021 through
February 28, 2022.
• Amendment No. 6: Renewed the contract for the period of March 1, 2022 through
February 28, 2023.
• Amendment No. 7: Revised Attachment A from a cost reimbursement contract to a fixed•
price contract. The amendment also added orientation for Case Managers and Referral
Specialists that shall be paid at a flat fee for the first 30 days from date of hire and defines
the fixed price unit rate for both positions. The contract total remained unchanged.

79
79
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES
DEPARTMENT
10

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

Canie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

CONTACT: Richard Steiger, FMA, Manager II, Facilities Management Division


407-836-7473

SUBJECT: Approval of Amendment No. 5, Contract Y20-1067A, Plumbing Services

ACTION REQUESTED:

Approval of Amendment No. 5, Contract Y20-1067A, Plumbing Services, with Frank Gay
Services, LLC, in the amount of $320,000, for a revised estimated contract amount of
$1,168,079.50. .

PROCUREMENT:

lb.is amendment adds funds to facilitate use of this contract during a six-month extension while
a procurement process is completed.

FUNDJNG:

Funding is available in account numbers 0001-043-1713-3810, 0001-043-1715-3810, 0001-


043 -1717-3810, 000 l-043-1718-3810, 0001-043-1711-3810, 0001-043-1716-3810, and
0001-043-1719-3810.

REMARKS:

On October 27, 2020, the Board authorized award of Y20-l 067A to Frank Gay Services LLC, in
an estimated annual contract amount of $640,000 for a one-year tenn with further approval for
the Procurement Division to renew the contract for four additional one-year tenns.

Previous contract amendments are as follows:

• Amendment No. 1: Renewed the contract for the period of December 1, 2021,
through November 30, 2022, at the same terms, conditions, and prices.

o Amendment No. 2: Increased the contract amoui1t by $50,000 to a revised


estimated contract amount of $690,000. This increase was processed within the
Procurement Division's approval authority.

80 80
Approval of Amendment No. 5, Contract Y20-l 067A, Plumbing Se1vices
Page 2

• Amendment No. 3: Increased the contract amount by $ I 08,079 .50, for a revised
estimated contract amount of $798,079.50. This increase was approved by the
Board on September 13, 2022

• Amendment No. 4: Extended the contract for a six-month term to allow for re-
solicitation and added funding in the amount of $50,000, for a revised estimated
contract amount of $848,079.50. This increase was processed within the
Procurement Division's approval authority

81 81
I. CONSENT AGENDA
Interoffice Me1norandum ADMINISTRATIVE SERVICES
DEPARTMENT
11

December 16, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

CONTACT: Richard Steiger, FMA, Manager II, Facilities Management Division


407-836-7473

SUBJECT: Approval of Amendment No. 3, Contract Y20-1067C, Plumbing Services

ACTION REQUESTED:

Approval of Amendment No. 3, Contract Y20-1067C, Plumbing Services, with Frank Gay
Services, LLC, in the amount of $221,875, for a revised estimated contract amount of$750,625.

PROCUREMENT:

This amendment adds funds to facilitate use of this contract during a six-month extension while
a procurement process is completed.

FUNDING:

Funding is available in account numbers 4420-038-1301-3810, 4420-038-1310-3810, 4420-


038-1359-3810, 4410-038-1013-3810, 4410-038-1031-3810, and 1009-034-0672-3810.

REMARKS:
On October 27, 2020, the Board authorized award of Y20-1067C to Frank Gay Se1vices, LLC,
in the estimated annual contract amount of $478,750 for a one-year term with further approval
for the Procurement Division to renew the contract for four additional .one-year tenns.

Previous contract amendments are as follows:

e, Amendment No. 1: Renewed the contract for the pe1iod of December 1, 2021,
through November 30, 2022, at the same te1rns, conditions, and prices.

€1 Amendment No. 2: Extended the contract for a six-month .term to allow for re-
solicitation and increased the contract amount by $50,000 for a revised estimated
contract amount of $528,750. This increase was processed within the
Procurement Division's approval authority.

82 82
I. CONSENT AGENDA

ga~
ADMINISTRATIVE SERVICES
DEPARTMENT
12
December 30, 2022

GOVERNMENT To: Mayor Jerry L. Demings


FLORIDA
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division ·

Contact: Raymond Williams, P.E., Manager, Public Works Engineering


Division
407-836-7909

Subject: Approval of Amendment No. 2, Contract Y20-828, Final Engineering


Services for Lake Apopka Trail Connector (from Lake Apopka
Loop to West Orange Trail)

ACTION REQUESTED:

Approval of Amendment No. 2, Contract Y20-828, Final Engineering Services for Lake
Apopka Trail Conneetor (from Lake Apopka Loop to West Orange Trail), with WBQ
Design & Engineering, Inc., in the amount of $217,796.65, for a revised total contract
amount of $1,505,189.83.

PROCUREMENT:

This amendment provides for additional scope of services including trail realignment
along McCormick Road, drainage analysis, profile sheets, driveway profile, intersection
details, cross section sheets, and design surveying services.

FUNDING:

Funding is available in account number J 050-062-2178-63 l 0.

DISCUSSION:

The following are the previous contract actions:

Original Contract: Date:9/15/2021 Amount: $1,287,393.18

The scope includes final engineering design and construction plans preparation for Final
Engineering Services for Lake Apopka Trail Connector (From Lake Apopka Loop to West
Orange Trail) project. TI1e Contract was authorized for award by the Board on August 11,
2020. .

Amendment No. 1: Date: 8-18-2022 Lump Sum Increase: $0.00

Reallocated the schedule of direct reimbursables. No change to the total contract award.

83
83
<fE Interoffice Memorandum
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
13

CilrY_
GOVERNMENT_
December 30, 2022
P ,. n R r n ,.
TO: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager TI,


Procurement Division

CONTACT: Angela Chestang, Manager, Citizens' Commission for Children Division


407-836-654 I

SUBJECT: Approval of Amendment No. 5, Contract Y20-2019, Provision of Community


Services and Facility Use

,A CTION REQUESTED:

Approval of Amendment No. 5, Contraet Y20-2019, Provision of Community Services and


Facility l,Jse, with Employ U, Inc., in the amount of$ l 50,000, for a revised total contract amount
of $450,000.

,PROCUREMENT:

1nis amendment will extend the contract for the period of July I, 2023 through December 31, 2023
and provides additional funding for the extension period. The alignment of the contract term with the
calendar year will allow these contracts to provide continuity of services accompanied by calendar
year funding. ·

F
_ UNDING:

Funding is available in account number 000I-062-2556-8610.

~
APPROVALS:

The Citizens' Commission for Children Division concurs with this recommendation.

RE
~ MARKS:

The Board approved Contract Y20-2019 on February 25, 2020. Employ U, Inc. is currently providing
services under this contract such as vocational opportunities for persons with disabilities, including
employability skills, paid on-the-job training, paid internships, and awareness of community
resources to promote independence for persons within East and West Orange County.

An agenda item was presented to the Board on November 29, 2022 which incorrectly listed the
changes above as Amendment No. 4. An Amendment No. 4 had already been processed for this
contract. Please see below for a list of previous amendments issued for this contract.

84
84
Approval of Amendment No. 5, Contract Y20-2019, Provision of Community Services and
Facility Use
Page2

Previous amendments to the contract are as follows:

Amendment No. 1: Deleted Attachments A-1 and A-2 and replaced with Attachment A-1 - A-2
(Revl).

Amendment No. 2: Renewed the contract for the period of July 1, 2021 through June 30, 2022.
Deleted Attachments A-1 and A-2 (Rev 1) and replaced them with Attachments
A-1 - A-2 (Rev2). Updated Article XI, Article XIII, Article XIV, Article XV
and Exhibits B and C.

Amendment No. 3: Renewed the contract for the period of July l, 2022 through Jm1e 20, 2023.
Updated Article IX.

Amendment No. 4: Corrected the renewal period listed in Amendment No. 3 to the following: The
contract is renewed fot the period of July 1, 2022 through June 30, 2023.

85 85
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
Interoffice Memotandum

,.-~, E
DEPARTMENT

011 14

CUNTY
GOVERNMENT
December 29, 2022
l' L O R I DA

To: Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M, Manager II,


Procurement Division

Contact: John Westmoreland, Division Chief, Fire Rescue Department


407-836-9178

Subject: Approval of Purchase Order M109866, Stryker ProCare Warranty


and Annual Preventative Maintenance

ACTION REQUESTED:

Approval of Purchase Order M109866, Stryker ProCare Warranty and Annual


Preventative Maintenance, with Stryker Medical, in the total amount of $388,191.80.

PROCUREMENT:

This purchase order provides the extended warranty and preventative maintenance and
repairs for ProCare equipment for the service period of January 31.2023 through January
30, 2024.

FUNDING:

Funding is available in account number 1009-034-0630-3820.

APPROVALS:

The Fire Rescue Department concurs with this recommendation.

REMARKS:

The Fire Rescue Department currently owns 127 Stryker ProCare Lifepak-15 defibrillator
devices. This purchase order will continue the extended warranty for the defibrillators in
inventory. Stryker Medical has been verified as the sole vendor authorized to perform
annual preventative maintenance and repairs on their equipment. Pricing is considered
reasonable, as it is consistent with current Stryker Medical industry pricing and with recent
purchases made by the County.

86 86
I. CONSENT AGENDA

O~E Interoffice Memorandun1 ADMINISTRATIVE SERVICES


DEPARTMENT
15

cnfy
GOVERNMENT
December 28, 2022
l' L O RJ D A
TO: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

CONTACT: John Goodrich, Deputy Director, Health Services Department


407-836-7689

SUBJECT: Approval of Purchase Order M109871 , Pharmacy Interface for the New
Electronic Health Record System for Corrections Health Services

,A CTION REQUESTED:

Approval of Purchase Order M109871 , Pharmacy Interface for the New Electronic Health
Record System for Corrections Health Services, with BDM Healthware Inc., in the not-to-
exceed amount of $181 ,062.50.

.PROCUREMENT:

This purchase order provides funding to interface the current pharmacy system with the
new electronic health record system for Corrections Health Services.

_FUNDING:

Funding is available in the account number 5896-019-8655-3192.

APPROVALS:

The Health Services Department concurs with this recommendation.

REMARKS:
0

BDM Healthware Inc. is the sole entity authorized to provide application software
maintenance, support, upgrades, updates, and patches for its product. Federal funding will
be utilized through the American Rescue Plan Act of 2021 Coronavirus Local. Fiscal
Recovery .fund allocation. The Department negotiated the quote and reduced the cost for
a savings to the County of $65,000.

87
87
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES
DEPARTMENT
16

December 29, 2022


CUNT
GOVERNMENT TO: Mayor Jerry L. Demings
FLORID<\
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

CONTACT: Richard Steiner, Enterprise Supervisor, Information Systems and


Services Division
407-836-2810

SUBJECT: Approval of Change Order No. 2, Purchase Order Ml 06366, Renewal


of Mobile Compliance Software Licensing and Support

ACTION REQUESTED:
Approval of Change Order No. 2, Purchase Order M106366, Renewal of Mobile
Compliance Software Licensing and Support, with Smarsh, Inc., in the amount of
$208,447.50, for a revised total amount of $359,649.50.

PROCUREMENT:
This change order will continue the licensing and support services for Orange County
Information Systems and Services to have the ability to capture, monitor, and archive mobile
messages. The service period for this renewal is February 1, 2023 through January 31, 2024.

FUNDING:
Funding is available in account number 0001-031-0562-3 l 92.

APPROVALS:
The Information Systems and Services Division concurs with this request.

REMARKS:
On January 25, 2022, the Board approved Purchase Order Ml 06366 with Smarsh Inc., in
the amount of $151,200 for licensing and support of the County's text archiving solution for
the period of Febrnary 1, 2022 through January 31, 2023.

This product has been customized to meet Orange County's technical and security
requirements for a cloud-based solution and allows capturing of messages without
depending on individual uses to opt-in. Smarsh, Inc. is the sole vendor authorized to provide
NetGuard mobile compliance software. There is over 10 years of historical data that is not
compatible with other products. This is the renewal of a c1mently implemented application.
Price reasonableness has been established as this renewal reflects a 5% increase from the
previous renewal, it has been reviewed by the Information Systems and Services Division
and it is considered fair and reasonable. ·

88 88
Approval of Change Order No. 2, Purchase Order M106366, Renewal of Mobile
Compliance Software Licensing and Support
Page2

Previous change order is as follows;

Change Order No. 1: Added lines item for year two and three renewals for futme
encumbrance once Board approval is obtained. The total contract amount was increased to
$151,202.

89 89
Interoffice Memorandum I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
17

December 21, 2022

TO; Mayor Jeny L. Dernings


-AND-
County Commissioners

Caffie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

CONTACT: Jeffery J. Newton, Cm.mty Attorney, Orange County Attorney's Office


407-836-7320 .

SUBJECT: Ratification of Change Order No. 4, Purchase Order Ml 08670, Specialized


Legal Counsel Services

ACTION REQUESTED:

Ratification of Change Order No. 4, Purchase Order Ml 08670, Specialized Legal Counsel
Services, with Nabors, Giblin, and Nickerson, P.A., in the amount of$100,000, for a revised
not-to-exceed amount of $200,000.

PROCUREMENT:

This purchase order provides for specialized legal cotmsel services on behalf of Orange
County regarding case number 2022-CA-007552-O, Florida Associ.a tion of Realtors, et al.
v. Orange County, Florida, et al. The requested increase will allow for services in relation to
the Board of County Commissioners' decision to appeal this case to the Florida Supreme
Court.

FUNDING:

Funding is available in account number 0001-023-0172-3 I 19.

APPROVALS:

The County Attorney's Office concurs with this request.

REMARKS:

On September 6, 2022, the Procurement Division issued Purchase Order M108670 with
Nabors, Giblin, and Nickerson, P.A. in the not-to-exceed amount of $15,000. Per the
Procurement Ordinance, specialized legal counsel services are exempt from competitive
procurement requirements.

The rates quoted are reasonable in comparison to similar purchase orders issued to this firm.

90 90
Ratification of Change Order No. 4, Purchase Order Ml 08670, Specialized Legal Counsel
Services
Page 2

Previous change orders are as follows:

• Change Order No. 1: Added funding in the amount of $35,000, for a revised not-
to-exceed amount of $40,000. This change order was processed within the
Procurement Division's authority.

• Change Order No. 2: Added funding in the amount of $15,000, for a revised not-
to-exceed · amount of $55,000. This change order was processed within the
Procurement Division's authority.

• Change Order No. 3: Added funding in the amount of $45,000, for a revised not-
to-exceed amount of $100,000. This change order was processed with.in the
Procurement Division's authority. ·

91
91
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES
DEPARTMENT
18

December 21, 2022


GOVERNMENT
FLORIDA

To: Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II, Procurement


Division

Contact: David Jones, Manager, Environmental Protection Division


407-836-1406

Subject: Ratification of Change Order No. 2, Purchase Order M109447, Emergency Big
Sand Lake Drawdown Project

ACTION REQUESTED:

Ratification of Change Order No. 2, Purchase Order M109447, Emergency Big Sand Lake
Drawdown Project, with Superior Construction Company SE, LLC, in the amount of $450,000, for
a revised total amount of $1,049,637.

PROCUREMENT:

This change order provides for up to eight additional weeks of pumping to protect property and
public safety. The Big Sand Lake Advisory Board has approved this change order.

FUNDING:

Funding is available in account number 1079-068-2437-3197.

APPROVALS:

The Environmental Protection Division concurs with this recommendation.

REMARKS:

On November 17, 2022, the Procurement Division issued Purchase Order M109447 to Superior
Construction Company SE, LLC, in the amount of $599,637, which was ratified by the Board on
December 13, 2022. The purchase order provides emergency services to pump Big Sand Lake
as a result of impacts caused by Hurricane Ian: Failure to secure these services timely would
have impacted the protection of the public and properties.

Previous change order is as follows:

Change Order No. 1: Modified the scope of services for pumping levels to begin when lake levels
are at 97 feet per the North American Vertical Datum of 1988 or lower.

92 92
I. CONSENT AGENDA
Interoffice Memorandum ADMINISTRATIVE SERVICES
DEPARTMENT
19

December 29, 2022


GOVERNMENT
F I . O R IDA
TO: Mayor Jerry L. Demings
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

CONTACT: Donna Wyche, Manager, Mental Health and Homelessness Issues Division
407-836-7608

SUBJECT: Ratification of Sub-Recipient Agreement Amendment No. 2, Contract Y22-2001,


Providing Implementation and Training in Infant and Early Childhood Mental
Health Consultation, Parent Child Interaction Therapy, and Child Parent
Psychotherapy

ACTION REQUESTED:

Ratification of Sub-Recipient Agreement Amendment No. 2, Contract Y22-2001, Providing


Implementation and Training in Infant and Early Childhood Mental Health Consultation, Parent
Child Interaction Therapy, and Child Parent Psychotherapy, with Kinder Konstilting & Parents Too,
Inc.; in the amount of $1,967,125, for a revised total contract amount of $3,014,487.

PROCUREMENT:

This amendment adds funding and extends the perfonnance period from August 31, 2022, through
August 30, 2023, to expand infant and early childhood mental health consultation.

FUNDING:

Funding is available in account numbers 7170-062-7502-8610, 0001-062-2501-8610, and 0001-062-


2519-8610. Funding for these expanded services is available through County General Revenue
Funds and Federal funds issued by the U.S. Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration.

APPROVALS:

The Community and Family Se1vices Department concurs with this recommendation.

REMARKS:

On December 14, 2021, the Board authorized award of Contract Y22-2001 with Kinder Konsu1ting
& Parents Too, Inc. in the total contract award amount of $1,047,362, for a one-year te1m. The
performance period for the contract is August 31, 2021, through August 30, 2022.

93 93
Ratification of Sub-Recipient Agreement Amendment No. 2, Contract Y22-2001, Providing
Implementation and Training in Infant and Early Childhood Mental Health Consultation, Parent
Child Interaction Therapy, and Child Parent Psychotherapy
Page2

Previous amendment to the contract is as follows:

Amendment No. 1.: Revised the sub-award budget line from 0001-062-7500-3197 to 7170-062-
7501-8610 and revised the County award budget line from 0001-062-2519-
3197 to 0001-062-2519-8610. The contract amount remained unchanged.

94 94
~ December 30, 2022

Mayor Jerry L. Demings


-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager 11,


Procurement Division

CONTACT: Terry Devitt, Deputy Director, Orange County Convention Center


407-685-9867

SUBJECT: Consultant Selection, Request for Proposals, Y23-803-RC , Design


Services for the Orange County Convention Center West Building Access
Control Replacement

RECOMMENDATION:

Selection of SGM Engineering Inc. to provide Design Services for the Orange County
Convention Center West Building Access Control Replacement, Request for Proposals,
Y23-803-RC.

Request the Board to authorize the Procurement Division to negotiate and execute a
contract with a not-to-exceed budget of $577,500.

The proposal was evaluated by the Procurement Committee on December 28, 2022.
Commissioner Emily Bonilla was assigned to the Procurement Committee.

PURPOSE:

This contract will provide final design and construction plans for the Orange County
Convention Center (OCCC) West Building Access Control Replacement. This project is
located in District 6.

FUNDING:

Funding is available in account number 4430-035-0966-6210.

DISCUSSION:

The OCCC is currently managing two separate access control systems for the West
Building. Eighty percent of these access control systems (Pegasys) are beyond their
expected lifecycle and no longer supported by the manufacturer. The OCCC Security
Division is responsible to provide a safe environment for clients

95

95
Selection of Consultant, Request for Proposals Y23-803-RC Design Services for the
Orange County Convention Center West Building Access Control Replacement
Page 2

comp liant with current security and ISS standards.


Two proposals were received in response to this Request for Proposals (RFP). The
proposal from RTM Engineering Inc. scored too low for Board consideration. The
Procurement Committee evaluated the proposals in accordance with the criteria set forth
in this RFP. The Procurement Committee's consensus scores are attached.

96
96
Procurement Committee Meeting - December 28, 2022
Y23-803-RC, DESIGN SERVICES FOR THE ORANGE COUNTY CONVENTION CENTER WEST BUILDING ACCESS-CONTROL REPLACEMENT

Project Dislocated Total Weight ed


CRITERIA
Manager
Engineer Project Team Scope vow Location M/WBE
Workers (B)
SDV (B)
Point s

Weighted Value 15 10 15 30 10 10 15 5 15 140

(B) Indicates Bonus Points (Maximums Bonus Points Above)


Similar Projects Requested 3 3

SGM Engineering, Inc. 75.00 50.00 52 .50 120.00 20.00 SO.OD 37.50 0.00 2.00

Michael Johnson 3.00 3.00 4.00 4.00 2.00 5.00 50% 0 .00 2.00
Crystal Mudd 3.00 3.00 3.00 4.00 2.00 5.00 50% 0.00 2.00
Matthew Stofflet 3.00 3.00 4.00 4.00 2.00 5.00 SO% 0.00 2.00
Sheena Ferguson 3.00 3.00 3.00 4.00 2.00 5.00 50% 0.00 2.00
Consensus or Average 3.00 3.00 3.50 4.00 2.00 5.00 SO% 0.00 2.00

PO~TSTRUCTURE:
1= r 4= Above Avg.
2= 8 ow Avg. 5= Excellent 97
3= Average
FLO NJU A
IIUSINl'.SS DtVr.LOrMf:NT
DIVISION

INTEROFFICE MEMORANDUM
December 22, 2022

TO: Rochelle Chambers, Contracting Agent


Procurement Division

FROM: Angela Brown, Senior Contract Administrator


Business Development Division

SUBJECT: Business Development Division M/WBE Proposal Evaluation

PROJECT: Y23-803-RC / Design Services for the Orange County Convention Center West Building
Access Control Replacemen~

APPROVED: ~ ~
The M/WBE participation goal for this RFP is 27% and the M/WBE Employment Workforce goal is 24%.
Listed below are respondents to the subject RFP with their sub-consultants and M/WBE participation score
on a one (1) to five (5) scale:

1. SGM ENGINEERING, INC.


Minority Prime (MBE-AM(ls)

M/WBE Sub- M/WBE Projected% Sub-consultants Role


consultant(s) Classification
Rhodes+ Brito AFAM 22% Architectural Services
Architects, Inc.
BASE Consultants, AF(ls) 3% Structural Engineering
Inc.
GreenPath Energy AFAM 3% Cost Estimating
Solutions, Inc.

Total M/WBE Participation Proposed: 28%


M/WBE Sub consultant participation Weighted Score: 37.5

Total M/WBE Workforce: 50%


Total WBE Workforce: 2%

Minority Workforce and Women Workforce Weighted Score: 0

Total M/WBE Participation Weighted Score: 37.5

198I P a~8
Registered Service-Disabled Points SDV Sub-consultant Role
Veteran(s)
(SDV) Sub-consultant
Roqer A. Repstien, dba RDC 2 Quality Control

Registered SOV(s) Proposed: 1


SDV Bonus Points: 2

Dislocated Worker(s) Proposed: O


Dislocated Worker(s) Bonus Points: 0

Total Bonus Points: 2


(Includes SDV & Dislocated Workers)

2. RTM ENGINEERING CONSULTANTS, LLC


Majority Prime

M/WBE Sub- M/WBE Projected% Sub-consultants Role


consultant(s) Classification
KLPN Studios, Inc. WF 25% Architecture

Total M/WBE Participation Proposed: 25%


M/WBE Sub consultant participation Weighted Score: 0

Total M/WBE Workforce: 0%*


Total WBE Workforce: 0%*

*Proposer recorded applicable employees in OMSA (Orlando Metropolitan Statistical Area) on their
Equal Opportunity Workforce Schedule (Form J). Per the directions provided in RFP #Y23-803-RC,
the County will only consider your total workforce ("TWF") that falls within the "employee types"
designated by an asterisk(*) when evaluating this Bid/Proposal Response.

Minority Workforce and Women Workforce Weighted Score: 0

Total M/WBE Participation Weighted Score: 0

Registered Service-Disabled Points SDV Sub-consultant Role


Veteran(s)
(SDV) Sub-consultant
Blue Cord Design & 2 Cost Estimating,
Construction, LLC dba Blue Constructability Review , and
Cord Professional Services Construction Admin

Registered SDV(s) Proposed: 1


SDV Bonus Points: 2

Dislocated Worker(s) Proposed: O


Dislocated Worker(s) Bonus Points: O

Total Bonus Points: 2


(Includes SDV & Dislocated Workers)

99
I. CONSENT AGENDA
Interoffice Memorandur ADMINISTRATIVE SERVICES
DEPARTMENT
21

GOVERNMENT
F I, O I< I I) ,\

REAL ESTATE MANAGEMENT ITEM l

DATE: January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Mindy T. Cummings, Manager \,l'J'{(.,.,


Real Estate Management Division .
l -1C·
FROM: David Sustachek, Senior Acquisition Agent1') •/V\
Real Estate Management Division

CONTACT
Mindy T. Cummings, Manager
PERSON:

DIVISION: Real Estate Management.Division


Phone: (407) 836-7076

ACTION Approval and execution of Contract for .Purchase and Sale by and
REQUESTED: between Thomas M. Lewis and Deborah R. Lewis and Orange County,
approval of Warranty Deed, and authorization for the Manager of the Real
Estate Management Division to exercise all delegations of authority
expressly provided for by the Contract for Purchase and Sale, disburse
funds to pay purchase price in the amount of $440,000, and perf01m all
actions necessary and incidental to closing.

PROJECT: Green PLACE Parcel 102

District 2

PURPOSE: To preserve Environmentally Sensitive Lands (ESL)

100 100
Interoffice Memorandum
Real Estate Management Division
Agenda Item 1
January 6, 2023
Page 2 ofS

ITEMS: Contract for Purchase and Sale


(Parcel 102)
Cost: $440,000
Size: 4.77 acres

Warranty Deed
(Instrument I 02.1)

BUDGET: Account No.: 1023-068-4303-6110

FUNDS: $443,421 Payable to The Closing City


(purchase price, title insurance, and closing costs)

APPROVALS: Real Estate Management Division


County Attorney's Office
Environmental Protection Division

REMARKS: The property located at 23 852 Oak Lane, along the south-side of Oak Lane,
west of State Road 453, Mount Dora, Florida ("Property") (see map below
- area in purple), is part of a four-parcel purchase from various family
members and includes a single-family residence containing more than
2,524 square feet of gross living space. The Prope1ty contains 4.77 acres
zoned A-1 Agricultural, with a rural future land use. Nearly rectangular in
shape, it is considered to have 0.91 acres of wetlands in Zones X and AE
according to FEMA Flood Map 12095C0050H.

This action adds 4.77 acres of ESL to the Environmental Protection


Division's Green PLACE Program. The Property meets the evaluation and
selection criteria outlined in Administrative Regulation 11.07.01 ESL
Acquisition (see criteria below) and provides water resource protection,
aquifer recharge, and floodplain storage; closes gaps between other
publicly owned lands and enhances an existing wildlife corridor.

Closing is contingent upon completion and acceptance of due diligence of


the Property to be undertaken by the County during the inspection period.

Seller to pay documentary stamp taxes and prorated taxes.

101 101
Interoffice Memorandum
Real Estate Management Division
Agenda Item 1
January 6, 2023
Page 3 ofS

Administrative Regulation 11.07,0l·Evaluation Criteria Summary · ·

REM
Parcel Criteria
# PID# Criteria Evaluated Met

102 Manageability X

Current
Regulations/Threat of
Degrading Events X ·
01-20-27-0000-00-050
Presence/likelihood of
non-imperiled and
imperiled species X

Water Resource Protection X

Contiguity to other
conservation Lands

Rare Habitat X

Ecosystem Diversity

Enhances Wildlife
Corridor X
Nature-Based Recreation X

Ecotourism Opportunities X

102 102
Interoffice Memorandum
Real Estate Management Division
Agenda Item 1
January 6, 2023
Page 4 of 5

Lewis Parcels Location

l i1,•>fi'jltl1Jl;;J>
f!:11u,

1
.•. IH_glld~h.
Highlands
sanCtuiiy
Sto11eybrook
Hills
i . • {
...Y '·''.Rock Sprtn~
1 r,.,...,,., R . ..s,-t' '!w
• ·\ l r1lt"- UI!-.!_·~;-
•\ · Reserve; i: .
,.,, L.

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;i ! ~f~!!_!~~().!1 I ·1
· · Prope · · .
•• ,~, ICtH:, r .,1.: ltu ~; ,
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~ ROck_SpritiQs::..•.....,._,,...._,..1 , Rod Sp•

·, ... :,, .
Rid~Prise_rve

© OpenStreelMap (and) contributors. CC ..~Y-S~


1/!>!1:~~

Legend
· :] Lewis_01-20-27-0000-00-001 - Lewis_01-20-27-0000-00-054
[CIJ Lewis_01-20-27-0000-00-055 G] FNAI Florida Managed Areas 2022
~ Lewis_01 -20-27-0000-00-050 D County Boundary
0 0.5 2 Miles

103 103
Project: Green PLACE
Parcel: 102

CONTRACTFORPURCHASEANDSALE

COUNTY OF ORANGE
STATE OlrFLORIDA

This Contract for Purchase and Sale (the "Agreement") is made and entered into by and between
Thomas M. Lewis, a single man, and Deborah R. Lewis, a married woman, ("Seller"), and Orange
County, a charter county and political subdivision of the State of Florida ("Buyer").

RECITALS

A. Seller owns the following real property in Orange County:


Property Appraiser's Parcel Identification Number
. 01-20-27-0000-00-050
(hereinafter referred to as the "Property")

B. Buyer requires the Property as further described on Exhibit A, incorporated herein by


reference, for its Green PLACE project (the "Project"). Such legal description may be
updated when the Survey is received (as defined in Section 8.b. below).

C. Seller agrees to furnish the Property for the Project.

AGREEMENT

In consideration of the promises stated in . this Agreement and other good and valuable
consideration, Buyer and Seller agree as follows:

1. . Agreement:
a. Seller agrees to execute a Warranty Deed for the Prope1ty (the "Deed"),
conveying the Prope1ty to Buyer free and clear of all liens and encumbrances in substantially the
same form attached to this Agreement as Exhibit B , incorporated herein by reference. ·

b. Buyer agrees to pay the Consideration as defined below, to Seller for the
Property.

2. Consideration: Subject to such credits, adjustments, and prorations, if any, for


which provisions are hereinafter made, Seller agrees to sell and convey said land unto Buyer by
Deed for Property, free and clear of all liens and encumbrances, for the total sum of Four Hundred
Fo1ty Thousand and no/1 00ths Dollars ($440,000.00).

104 104
Project: Green PLACE
Parcel: 102

3. Effective Date: The effective date of this Agreement (the "Effective Date") shall
be the date this Agreement is approved by the Orange County Board of County Commissioners
(the "Board") and executed by the Board, which shall be on or before February 28, 2023.

4. Closing Date and Location: Unless otherwise agreed in writing between Buyer
and Seller, the closing of the purchase and sale of the Property contemplated herein ("Closing")
shall be a "mail away" closing and all documents and funds necessary for Closing shall be received
by the Title Company (the "Closing Agent") on or before thirty (30) ·days after the expiration of
the Inspection Period (the "Closing Date") ( except to the extent that the Closing Date is extended
by other provisions of this Agreement).

5. Closing Costs: The following costs are required to complete the transaction
contemplated pursuant to this Agreement.(the "Costs"). The Costs_are allocated between the Seller
and Buyer as follows:

· Cost Paid by Seller Paid by Buyer


Recording Fees for Deed No Yes
Documentary Stamps Yes No
Title Insurance No Yes
Closing Agent Fee No Yes
Survey No ·Yes
Appraisal Report(s) No Yes
Recording fees for any instruments Yes No
·required by title commitment to
clear title

6. Prorations: Ad valorem property taxes for the year of closing shall be prorated as
of the Closing Date and said prorated amount shall be paid by Seller pursuant to Section 196.295,
Florida Statutes. At Seller's election, Seller's share of prorated taxes may be deducted from the
proceeds of sale and remitted by Buyer or title company reasonably acceptable to Buyer to the
County Tax Collector on Seller's behalf. Unless the conveyance occurs between November 1 and
December 31 of the year of conveyance, in which case ad valorem property taxes shall be paid in
foll by Seller for the year of conveyance. In the event that, as of the Closing Date, there are any
outstanding unpaid property taxes for years prior to the year of closing, then Seller shall be
responsible for payment of the same, on the entirety of the tax parcels for which Buyer is acquiring
interest hereunder, the amount necessary to satisfy such outstanding property taxes shall be
deducted from proceeds of sale.

7. I. Conditions of Closing: All of the conditions listed below are conditions precedent
.
to Closing. Such contingencies shall either be released, waived, cured within the timeframes set
fo1ih below.
a. Title. On or before twenty (20) days following the Effective Date of this
Agreement, Buyer shall, at its sole cost and expense, obtain a ctment commitment for title
insurance (ALTA commitment July 1, 2021) committing to insure Buyer as purchaser of the
Property in the amount of the Purchase Price (the "Commitment"), evidencing that marketable

Contract for Purchase and Sale Page 2 of 13


(rev. 2/28/2022) 105 105
Project: Green PLACE
Parcel: 102

fee simple title to the property is currently vested in Seller free and clear of all liens, encumbrances
or other matters of record whatsoever. In the event that Buyer shall determine that any one or
more of the exceptions listed as such in the Commitment are unacceptable to Buyer in its sole
discretion; Buyer shall notify Seller of that.fact in writing on or before fifteen (15) days following
Buyer's receipt of the Commitment. Such written notice shall specify those exceptions listed as
such in the Commitment which are objectionable to Buyer (the "Title Defects"), and Seller may
take up to fifteen (15) days to cure or eliminate the Title Defects at Seller's election and without
obligation to incur expense or to initiate legal proceedings. If Seller is .successful in curing or
eliminating the Title Defects, the Closing hereunder shall take place on the date specified in this
Agreement. In the event Seller is unable or unwilling to cure or eliminate the Title Defects within
the 15-day period so provided, Buyer shall either (a) extend the time period for Seller to cure or
eliminate the Title Defects, (b) elect to terminate this Agreement on account thereof, (c) elect to
close anci accept a conveyance of Seller's title thereto subject to and notwithstanding the existence
of the Title Defects on the Closing Date, or (d) proceed on its own to cure or eliminate the Title
Defects at any time prior to the Closing Date. In the event that Buyer elects to te1minate this
Agreement because of the existence of Title Defects which are not cured or eliminated, upon giving
written notice of that fact to Seller on or before the expiration of the timeframe herein, this
Agreement shall terminate. In the everit Buyer elects to proceed on its own to cure or eliminate
the Title Defects, Seller agrees to provide its reasonable cooperation in connection with Buyer's
efforts but Seller shall have no obligation to incm: expense or to initiate legal proceedings.

b. Survey. Within ninety (90) days of the Effective Date of this Agreement, Buyer
may obtain a current boundary survey of the property. The survey shall be certified to Buyer and
title company reasonably acceptable to Buyer and prepared in accordance with the minimum
technical requirements and standards of practice promulgated by the Florida Board of Professional
Surveyor and Mappers, Chapter 5J-17, of the Florida Administrative Code, Section 472.027,
Florida Statutes and ALTA/NSPS Land Title Survey Standards. Upon Buyer and Seller's approval
of the survey, the same shall be and constitute the "Survey" for purposes of this Agreement and
legal description of the property set forth on the Survey may be utilized in the documents of
conveyance and in the Owner's Title Insurance Policy to be issued to Buyer hereunder. In the
event the Survey shows encroachments, easements, boundary overlaps or other matters
objectionable to Buyer, in its sole discretion, these shall be treated as Title Defects. Buyer may in
its sole discretion, treat these as "Exceptions," as defined herein. The draft of the Survey will be
reviewed by the County Surveyor, or his subordinate and comments/revisions will be given to the
consultant before finalizing.

c. Inspection Period. Buyer shall have one hundred twenty (120) days after the
Effective Date, (the "Inspection Period") to determine whether Buyer is willing to accept title to
and acquire the property from Seller. Seller agrees that during the Inspection Period, Buyer shall
have the right to make such surveys, topographical surveys, soil test borings, and similar
examinations as it may desire with respect to the Property, as described in the Due Diligence
Contingency, attached hereto as Exhibit C, is a material condition of this Agreement and
incorporated herein by this reference. Buyer, through its agents, shall have the right to enter upon
the Property for the purpose of performing such activities, provided said activities shall not
materially damage the Property. If during the Inspection Period Buyer decides, for whatever
reason, in Buyer's sole and absolute discretion, not to proceed with the purchase of the Property,

Contract for Purchase and Sale Page 3 of 13


(rev. 2/28/2022)

106 106
Project: Green PLACE
Parcel: 102

Buyer may, in Buyer's sole and absolute discretion, elect to terminate this Agreement by
furnishing written notice thereof to Seller prior to the expiration of the Inspection Period. The
Manager of the Orange County Real Estate Management Division is hereby authorized, on behalf
of Buyer, to furnish any notice required or allowed under, and/or to terminate this Agreement
pursuant to this Section.

d. Closing Documents'. Closing is contingent upon delivery of Seller to Buyer in


recordable form all instruments necessary to convey the Property as referenced in this Agreement.
Such documents shall be executed and delivered to the Closing Agent on or before the Closing
Date.

8. Miscellaneous Provisions:
a. Notice. All notices or deliveries required under this Agreement shall be hand-
delivered or given by regular mail, or overnight courier directed to the addresses set forth below.
All .notices so given shall be considered effective, if hand-delivered, when received; if delivered
by courier, one business day after timely deposit with the courier service, charges prepaid; or if
mailed, three days after deposit, first olass postage prepaid, with the United States Postal Service.
Either party may change the address to which future . notices shall be sent by notice given in
accordance with this paragraph.

As to Seller: As to Seller:
Thomas M. Lewis Deborah R. Lewis
23852 Oak Lane I 11 La Riviere Road
Mount Dora, Florida 32757 Cocoa Beach, Florida 32931

.. . . .. ..
·;, . .. .. ....
·:·~
..
'-., -
. -. '
As to Purchaser: with a CODV to:
Orange County, Florida Real Estate Orange County, Florida
Management Division County Attorney's Office
Attn: Manager Attn: County Attorney
400 E. South St., 5th Floor 201 S. Rosalind Ave., 3rd Floor
Orlando, Florida 32801 Orlando, Florida 32801

b. Florida Statutes. Seller shall comply with Section 286.23, Florida Statutes,
pertaining to disclosure of beneficial ownership, if applicable.
c. Possession. Seller will surrender possession of the Prope1ty at closing.
d. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
e. Entire Agreement. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect between Seller and Buyer, made with
respect to the matters herein contained, and when duly executed constitute the Agreement b etween
Seller and Buyer. No additions, alterations, or variations to the terms of this Agreement shall be
valid, nor can provisions of this Agreement be waived by either party unless such additions,
alterations, variations, or waivers are expressly set forth in writing and duly signed.

Contract for Purchase and Sale Page 4 of 13


(rev. 2/28/2022)

107 107
Project: Green PLACE
Parcel: 102

f. · Delegation of Authority. The Manager of the Orange County Real Estate


of
Management Division is hereby authorized, on behalf the Buyer, to furnish any notice required
or allowed under, to sign amendments to this Agreement for the extension of the timeframes as set
forth in paragraph 7 above for up to 120 days, to perform all actions necessary and incidental to
closing this Contract, including an extension of the closing date, if needed, up to 120 days or to
terminate the same for cause.

Conti-act for Purchase and Sale Page S of 13


(nv. 2/28/2022)

108 108
Project: Green PLACE
Parcel: 102

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
written below.

Seller acknowledges that this Agreement is NOT effective until such time as it is approved and
executed by the Orange County Board of County Commissioners. The signature of Buyer's
acquisition agent named below does not have authority to bind Orange County.

SELLER

asM. Lewis

/ ,,..,
_;.
1
7"9
,I ., --z__..
Date: / ?- - L--
--'--------

Deborah R. Lewis //tr /lt(d--rt'6 ,-,ze_x::1f{/Gl.)

Date:

Presented to Seller on behalf of Orange County by:

l(Jcw.~~
David Sustachek, Senior Acquisition Agent
Orange County Real Estate Management Division

Contract for Purchase and Sale Page 6 of 13


(rev. 2/28/2022)

109 109
Project: Green PLACE
Parcel: 102

BUYER

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

Jerry L. Demings
Oran,.ge County Mayor

Date: _ _ _ _ _ _ __ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Co1~missioners

BY:

Deputy Clerk

Printed Name

Contract for Purchase and Sale l'agc 7 of 13


(rev. 2128/2022)

110 110
Project: Green PLACE
Parcel: 102

EXHIBIT A
LEGAL DESCRIPTION

Parcel ID# 01-20-27-0000-00-050

That pa.rt of the ~orthwest 1/4 of the Northwe.H 1/4 _o f Section


l, township 20 south, R~nge 27 East, Orange County, Florida,
Desi;;dbed as Follows; Colllll1ence at the Northw1;st Corner. of the
Northwest l/4 of the ~Qrthwest 1/4 of said Section 1,: Run S. ..
89°46t2l " -East along the . tforth line of aforesiid Northwest 1/4 of
Northwest 1/4, 480 .17 fe.et to the Point of Beginning, · The.nee
continue s . 89"46' 21'1 East alc:>ng s·aid North .line 470,91 Feet, .
thence S . 0°37' 15 11 West t 463.44, thence N. · 89°46' 21 11 We.st
470.91 teet> Th.ence N. 0 9 37;15" tast. 464.44 ·.Feet to ·the. Point
of Beginnfog, Subject to an easement £or ;ingress · and ·e gress ·over
the Notth 15.0 feet thereof.

C ontract for Purchase imd Sale Page 8 of13


(rev. 2/2812022)

111
1 11
Project: Green PLACE
Parcel: 102

EXHIBITB
FORM OF WARRANTY DEED

lnstmment: 102.1
Project: Green PLACE

WARRANTY DEED

THIS WARRANTY DEED, made as of the date signed below, by <name(s)>, hereinafter called
the GRANTORS, to Orange County, a chatter county and political subdivision of the state ofFlorida, whose
address is P. 0. Box 1393, Orlando, Florida 32802-1393, hereinafter called the GRANTEE.

WITNESSETH: That the GRANTORS, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, alien,
remise, release, convey, and confirm unto the GRANTEE, all that certain land situate in Orange County,
Florida:

SEE ATTACHED SCHEDULE "A"/ EXHIBIT "A"

Property Appraiser's Parcel Identification Number:

TOGETHER with all the tenements, hereditaments, and appmtenances thereto belonging or· in
anywise appe1taining.

TO HAVE AND TO HOLD, the same in fee simple forever.

AND the GRANTORS do hereby covenant with said GR.ANTEE that the GRANTORS are lawfully
seized of said land in fee simple; that the GRANTORS have good right and lawful authority to sell and
convey said land; that the GRANTORS do hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever, and .that said land is free of all encumbrances,
except taxes accruing subsequent to December 31, 20_. ·

Contract for Purchase and Sale Page 9 of 13


( rev. 2/28/2022)

112 112
Project: Green PLACE
Parcel: 102

Instrument: 102 .1
Project: Green PLACE

IN WITNESS WHEREOF, the said GRANTORS have caused these presents to be executed in
their name.

Signed, sealed and delivered


in the presence of:
FORM NOT FOR SIGNATURE

Witness <NAME.I>

Printed Name Post Office Address

Witness

Printed Name

(Signature of TWO witnesses required by Florida law)

STATE OF _ _ _ _ __ _ __
COUNTY OF- _ _ _ _ _ __

The foregoing instrument was acknowledged before me by means of □ physical presence or □


online notarization this _ __ day of - - - - - - 20___, by _ _ _ _ _ _ _ _ _ _ ___,
who D is personally known to me or D has produced _ __ _ _ _ _ _ _ _ as identification.

(Notary Seal)
Notary Signature

Printed Notary Name

Notary Public in and for


the County and State aforesaid

My commission expires:

{SIGNATURES CON11NUED ON NEXT PAGE)

Contract for P urchase and Sale Page 10 of 13


(rev. 2/28/2022)

113 113
Project: Green PLACE
Parcel: 102

Instrument: 102. l
Project: Green PLACE

Signed, sealed and delivered


in the presence of:
FORM NOT FOR SIGNATURE

Witness <NAME.2>

Printed Name Post Office Address

Witness

Printed Name

(Signature of TWO witnesses required by Florida iaw)

STATE OF _ _ _ __ _ __ _
COUNTY OF _ _ __ __ _ _

The foregoing instrument was acknowledged before me by means of □ physical presence or □


online notarization this _ _ _ day of _ _ _ _ _...., 20_ _ , by - - -- -- - - - - - - - "
who D is personally known to me or D has produced _ _ _ _ _ __ _ _ _ as identification.

FORM NOT FOR SIGNATURE


(Notary Seal)
Notary Signature

Printed Notary Name


This instrument prepar ed by:
_ _ _ _ __, a staff employee Notary Public in and for
in the course of duty with the County and State aforesaid
the Real Estate Management Division
of Orange County, Florida My commission expires:
P. 0. Box 1393
Orlando, FL 32802-1393

Contract for Purchase and Sale Page 11 of 13


(rev. 2/28/2022)

114 114
Project: Green PLACE
Parcel: 102

EXHIBIT C
DUE DILIGENCE CONTINGENCY

I. Orange County may obtain a report ("Environmental Survey") by a qualified consultant or


consultants, including members of Orange County's own professional staff, (the "Consultauts"),
within ninety (90) days from Effective Date. Such Environmental Survey may include, but not be
limited to, the following:

a. contamination of the "Property" (which term shall hereinafter be deemed to include


any buildings or structures located thereon) by hazardous materials; · ./
b. apparent violation of environmental requirements upon or associated with activities .
upon the Property;
c. the presence of any endangered or threatened species or plant life on the Property;
d. whether the Property has any historical or archeological significance;
e. potential incurrence of environmental damages by the owner(s) or operator(s) of the
Property

(all of which shall hereinafter be collectively referred to as the "Environmental Exceptions")

The Environmental Survey may include, without limitation, the results of:
a. a site inspection;
b. interviews of present occupants of the Prope_rty;
c. a review of public records concerning the Property and other properties in the
vicinity of the Property;
d. a review of aerial photographs of the Property and other evidence of historic land uses;
e. soil and/or ground water testing and/or analysis;
f. asbestos testing and/or analysis;
g. testing and/or analysis of any other apparently applicable environmental hazard or
condition; and
h. building inspection.

The Environmental Survey shall include, (if determined by the Consultants) the estimated cost of
cure and period of time required to remediate any Environmental Exceptions.

II. The Environmental Survey may be performed at any time or times, upon reasonable notice,
and under reasonable conditions established by Seller which do not impede the performance of the
Environmental Survey. The Consultants are hereby authorized to enter upon the Property for such
purposes and to perform such testing and take such samples as may be necessary in the reasonable
opinion of the Consultants to conduct the Environmental Survey.

III.· Seller will cooperate with the Consultants and supply to the Consultants such historical and
operational information as may be reasonably requested by the Consultants, including any notices,
permits, or other written communications pertaining to possible Environmental Exceptions, and
including without limitation, any studies, or reports prepared by, or for Seller, or furnished to

Contract for Purchase and Sale Page 12 of 13


(rev. 2/28/2022)

115 115
Project: Green PLACE
Parcel: 102

Seller, or its agents, or consultants, and Seller will make available to the Consultants any persons
known to have knowledge of such matters. Orange County shall hold the Environmental Survey
and any written materials furnished to it by Seller confidential except as required by law.
. .
IV. If the Environmental Survey reveals any Environmental Exceptions, or if the other testing
reveals any condition to the Property which Orange County deems to require further evaluation,
then, this Agreement is automatically extended an additional ninety (90) days for further testing.
If the Environmental Survey or testing results are unacceptable to Orange County, then, this _
Agreement shall be terminated upon notice to Seller of such unacceptability with no party to this
Agreement having any further liability to any other.

Contract for Purchase and Sale Page 13 of 13


(rev. 2/28/2022)

116 116
I. CO NSENT AGENDA
•1 ' Interoffice Memorand ADMINISTRATIVE SERVICES
DEPARTMENT
22

'
I '
'
/,.

GOVERNMENT
F I, Cl I< I ll ,\

REAL ESTATE MANAGEMENT ITEM 2

DATE: January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Mindy T. Cummings, Manager \N'{ {_, ,.


Real Estate Management Division

FROM: David Sustachek, Senior Acquisition Agent


' 1f-> 11e,
/\A
Real Estate Management Division

CONTACT
Mindy T. Cummings, Manager
PERSON:

DIVISION: Real Estate Management Division


Phone: (407) 836-7076

ACTION Approval and execution of Contract for Purchase and . Sale by and
REQUESTED: between Deborah Lewis and Orange County, approval of Warranty Deed,
and authorization for the Manager of the Real Estate Management
Division to exercise all delegations of authority expressly provided for by
the Contract for Purchase and Sale, disburse funds to pay purchase price
in the amount of $277,513.50, and perfonn all actions necessary and
incidental to closing.

PROJECT: Green PLACE Parcel 154

District 2

PURPOSE: To preserve Environmentally Sensitive Lands (ESL)

117 11 7
Interoffice Memorandum
Real Estate Management Division
Agenda Item 2
January 5, 2023
Page 2 of 5

ITEMS: Contract for Purchase and Sale


(Parcel 154)
Cost: $277,513.50
Size: 10.03 acres

Warranty Deed
(Instrument 154.1)

BUDGET: Account No.: 1023-068-4303-6110

FUNDS: $277,513,50 Payable to The Closing City


(purchase price, title _insurance, and closing costs)

APPROVALS: Real Estate Management Division


County Attorney's Office
Environmental Protection Division

REMAIU(S: The subject property's physical address is Oak Lane, Mount Dora, Florida
(see map below - area in green), is part of a four-parcel purchase from
family members. Rectangular in shape, this vacant parcel contains more
than 10.03 acres, and is considered to have 2.57 acres of wetlands, zoned
A-1 Agricultural, with a rural future land use in Zones X and AE according
to FEMA Flood Map 12095C0050H.

This action adds 10.03 acres of ESL to the Environmental Protection


Division's Green PLACE Program. The property meets the evaluation and
selection criteria outlined in Administrative Regulation 11.07.01 ESL
Acquisition (see criteria below) and provides water resource protection,
aquifer recharge, and floodplain storage; closes gaps between other
publicly owned lands and enhances an existing wildlife corridor.

Closing is contingent upon completion and acceptance of due diligence of


the Property to be undertaken by the County during the inspection period.

Seller to pay documentary stamp taxes and prorated taxes.

118 118
Interoffice Memorandum
Real Estate Management Division
Agenda Item 2
January 6, 2023
Page 3 of5

Administrative Regulation 11.07.01 .E valuation Criteria Summary

REM
Parcel Criteria
# PID# Critei'ia Evaluatccl Met

154 Manageability X

Current
Regulations/Threat of
Degrading Events X
0 l-20-27-0000-00-055
Presence/likelihood of
non-imperiled and
imperiled species X

.Water Resource Protection X

Contiguity to other
conservation Lands

Rare Habitat X

Ecosystem Diversity

Enhances Wildlife
Corridor X

Nature-Based Recreation X

Ecotourism Opportunities X

119 119
Interoffice Memorandum
Real Estate Management Division
Agenda Item 2
January 6, 2023
Page 4 of5

Lewis Parcels Location

~;-
Weklwa:Sp!I~~~~

Plymou!h

ML
Pl
(11 ,1]1 1

[~~li<!_~Y(I
Highland s.
sauC1uary
.Stom~ytHoc,k
l~ill~

. l\,, O~j!
. ,,~., i,

.. C
~ OpenSlleelMap (and) co ·P,Y·S))

Legend
:, ~ ) Lewis_01-20-27-0000-00-001 111 Lewis_01-20-27-0000-00-054
Gi~ Lewis_01-20-27-0000-00-055 0 FNAI Florida Managed Areas 2022 --~
~~
,
~ Lewis_01 -20-27-0000-00-050 CJ County Boundary 0 0.5 2 Miles '

120 120
. Project: Green PLACE
Parcel: 154

CONTRACT FOR PURCHASE AND SALE

COUNTY OF ORANGE
STATE OF FLORIDA

This Contract for Purchase and Sale (the "Agreement") is made and entered into by and between
Deborah Lewis, a married woman, ("Seller"), and Orange County, a charter county and political
subdivision of the State of Florida ("Buyer").

RECITALS

A. Seller owns the following real property in Orange County:


Property Appraiser's Paree! Identification Number:
01-20-27-0000-00-055

(hereinafter referred to as the "Property")

B. Buyer requires the Property as further described on Exhibit A, incorporated herein by


reference, for its Green PLACE project (the "Project"). Such legal description may. be
updated when the Survey is received (as defined in Section 8.b. below).

C. Seller agrees to furnish the Property for the Project.

AGREEMENT

In consideration of the promises stated in this Agreement and other good and valuable
consideration, Buyer and Seller agree as follows:

1. . Agreement:
a. Seller agrees to execute a Warranty Deed for the Property (the "Deed"),
conveying the Property to Buyer free and clear of all liens and encumbrances in substantially the
same form attached to this Agreement as Exhibit B, incorporated herein by reference.

b. Buyer agrees to pay the Consideration as defined below, to Seller for the .
Property.

2. Consideration: Subject to such credits, adjustments, and prorations, if any, for


which provisions are hereinafter made, Seller agrees to sell and convey said land unto Buyer by
Deed for Property, free and clear of all liens and encumbrances, for the total sum of Two Hundred
Seventy-Five Thousand and no/1 00ths Dollars ($275;000.00).

121 121
Project: Green PLACE
Parcel: 154

3. Effective Date: The effective date of this Agreement (the "Effective Date") shall
be the date this Agreement is approved by the Orange County Board of County Commissioners
(the "Board") and executed by the Board, which shall be on or before February 28, 2023.

4. Closing Date and Location: Unless otherwise agreed in writing between Buyer
and Seller, the closing of the purchase and sale of the Property contemplated herein ("Closing")
shall be a "mail away" closing and all documents and funds necessary for Closing shall be received
by the Title Company (the "Closing Agent") on or before thirty (30) days after the expiration of
the Inspection Period (the "Closing Date") (except to the extent that the Closing Date is extended
by other provisions of this Agreement).

5. Closing Costs: The following costs are required to complete the transaction
contemplated pursuant to this Agreement (the "Costs"). The Costs are allocated between the Seller
and Buyer as follows:

· Cost · · Paid bv Seller . Paid bv Buver ··


Recording Fees for Deed No Yes
Documentary Stamps Yes No
Title Insurance No Yes
Closing Agent Fee No Yes
Survey No Yes
Appraisal Report(s) No Yes
Recording fees for any instruments Yes No
required by title commitment to
clear title

6. Prorations: Ad valorem property taxes for the year of closing shall be prorated as
of the Closing Date and said prorated amount shall be paid by Seller pursuant to Section 196.295,
Florida Statutes. At Seller's election, Seller's share of prorated taxes may be deducted from the
proceeds of sale and remitted by Buyer or title company reasonably acceptable to Buyer to the
County Tax Collector on Seller's behalf. Unless the conveyance occurs between November 1 and
December 31 of the year of conveyance, in which case ad valorem property taxes shall be paid in
full by Seller for the year of conveyance. In the event that, as of the Closing Date, there are any
outstanding unpaid property taxes for years prior to the year of closing, then Seller shall be
responsible for payment of the same, on the entirety of the tax parcels for which Buyer is acquiring
interest hereunder, the amount necessary to satisfy such outstanding property taxes shall be
deducted from proceeds of sale.

7. Conditions of Closing: All of the conditions listed below are conditions precedent
to Closing. Such contingencies shall either be released, waived, cured within the timeframes set
forth below.
a. Title. On or before twenty (20) days following the Effective Date of this
Agreement, Buyer shall, at its sole cost and expense, obtain a current commitment for title
insurance (ALTA commitment July I, 2021) committing to insure Buyer as purchaser of the

Contract for Purchase and Sale Page 2 of 12


(rev. 2/28/2022) 122 122
Project: Green PLACE
Parcel: 154

Property in the amount of the Purchase Price (the ·"Commitment"), evidencing that marketable
fee simple title to the property is currently vested in Seller free and clear of all liens, encumbrances
or other matters of record whatsoever. In the event that Buyer shall determine that any one or
more of the exceptions listed as such in the Commitment are unacceptable to Buyer in its sole
discretion; Buyer shall notify Seller of that fact in writing on or before fifteen (15) days following
Buyer's receipt of the Commitment. Such written notice shall specify those exceptions listed as
such in the Commitment which are objectionable 'to Buyer (the "Title Defects"), and Seller may
take up to fifteen (15) days to cure or eliminate the Title Defects at Seller's election and without
obligation to incur expense or to initiate legal proceedings. If Seller is successful in curing or
eliminating the Title Defects, the Closing hereunder shall take place on the date specified in this
Agreement. In the event Seller is unable or unwilling to cure or eliminate the Title Defects within
the 15-day period so provided, Buyer shall either {a) extend the time period for Seller to cure or
eliminate the Title Defects, (b) elect to terminate this Agreement on account thereof, (c) elect to
close and accept a conveyance of Seller's title thereto subject to and notwithstanding the existence
of the Title Defects on the Closing Date, or (d) proceed on its own to cure or eliminate the Title
Defects at any time prior to the Closing Date. In the event that Buyer elects to terminate this
Agreement because of the existence of Title Defects which are not cured or eliminated, upon giving
written notice of that fact to Seller on or before the expiration of the timeframe herein, this
Agreement shall terminate. In the event Buyer elects to proceed on its own to cure or eliminate
the Title Defects, Seller agrees to provide its reasonable cooperation in connection with Buyer's
efforts but Seller shall have no obligation to incur expense or to initiate legal proceedings.

b. Survey. Within ninety (90) days of the Effective Date of this Agreement, Buyer
may obtain a current boundary survey of the properly. The survey shall be certified to Buyer and
title company reasonably acceptable to Buyer and prepared in accordance with the minimum
technical requirements and standards of practice promulgated by the Florida Board of Professional .
Surveyor and Mappers, Chapter 5J-l7, of the Florida Administrative C:ode, Section 472.027,
Florida Statutes and ALTA/NSPS Land Title Survey Standards. Upon Buyer and Seller's approval
of the survey, the same shall be and constitute the "Survey" for purposes .of this Agreement and
legal description of the property set forth on the Survey may be utilized in the documents of
conveyance and in the Owner's Title Insurance Policy to be issued to Buyer hereunder. In the
event the Survey shows encroachments, easements, boundary overlaps or other matters
objectionable to Buyer, in its sole discretion, these shall be treated as Title Defects. Buyer may in
its sole discretion, treat these as "Exceptions," as defined herein. The draft of the Survey will be
reviewed by the County Surveyor or his subordinate and comments/revisions will be given to the
consultant before finalizing.

c. Inspection Period. Buyer shall have one hundred twenty (120) days after the
Effective Date, (the "Inspection Period") to determine whether Buyer is willing to accept title to
and acquire the property from Seller.. Seller agrees that during the Inspection Period, Buyer shall
have the right to make such surveys, topographical surveys, soil test borings, ai1d similar
examinations as it may desire with respect to the Property, as described in the Due Diligence
Contingency, attached hereto as Exhibit C, is a material condition of this Agreement and
incorporated herein by this reference. Buyer, through its agents, shall have the right to enter upon
the Prope1ty for the purpose of performing such activities, provided said activities shall not
materially damage the Property. If during the Inspection Period Buyer decides, for whatever

Contract for Purchase and Sale Page 3 of 12


(rev. 2/28/2022)
123 123
Project: .Green PLACE
· Parcel: 154

reason, in Buyer's sole and absolute discretion, not to proceed with the purchase of the Property,
Buyer may, in Buyer' s sole and absolute discretion, elect to terminate this Agreement by
furnishing written notice thereof to Seller prior to the expiration of the Inspection Period. The
Manager of the Orange County Real Estate Management Division is hereby authorized, on behalf
of Buyer, to furnish any notice required or allowed under, and/or· to terminate this Agreement
pursuant to this Section.

d. Closing Documents. Closing is contingent upon delivery of Seller to Buyer in


recordable fom1 all instruments necessary to convey the Property as referenced in this Agreement.
Such documents shall be executed and delivered to the Closing Agent on or before the Closing
Date.

8. Miscellaneous Provisions:
a. Notice. All notices or deliveries required under this Agreement shall be hand-
delivered or given by regular mail, or overnight courier directed to the addresses set forth below.
All notices so given shall be considered effective, if hand-delivered, when received; if delivered
by courier, one business day after timely deposit with the courier service, charges prepaid; or if
mailed, three days after deposit, first class postage prepaid, with the United States Postal Service.
Either party may change the address to which future notices shall be sent by notice given in
accordance with this paragraph.

As to Selkr: with a covv to:


Deborah Lewis
111 ·La Riviere Road
Cocoa Beach, Florida 32931

.. ·.
. . .-. . ._, ...... . .. .. . . ,. ' .

As to Purchaser: with a covv to:


Orange County, Florida Real Estate Orange County, Florida
Management Division County Attorney's Office
Attn: Manager Attn: County Attorney
400 E. South St., 5th Floor 201 S. Rosalind Ave., 3rd Floor
Orlando, Florjda 32801 Orlando, Florida 32801

b. Florida Statutes. Seller shall comply with Section 286.23, Florida Statutes,
pertaining to disclosure of beneficial ownership, if applicable.
c. Possession. Seller will surrender possession of the Property at closing.
d. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
e. Entire Agreement. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect between Seller and Buyer, made with
respect to the matters herein contained, and when duly executed constitute the Agreement between
Seller and Buyer. No additions, alterations, or variations to the terms of this Agreement shall be
valid, nor can provisions of this Agreement be waived by either party unless such additions,
alterations, variations, or waivers are expressly set forth in writing and duly signed.

Contract for Purchase and Sale Page 4 of 12


(1-ev. 2/2 8/2022)
124 124
Project: Green PLACE
Parcel: 154

f. Delegation of Authority. The Manager of the Orange County Real Estate


Management Division is hereby authorized, on behalf of the Buyer, to furnish any notice required
or allowed under, to sign amendments to this Agreement for the extension of the timeframes as set
forth in paragraph 7 above for up to 120 days, to perform all actions necessary and incidental to
closing this Contract, including an extension of the closing date, if needed, up to 120 days or to
terminate the same for cause.

Contract for Purchase and Sale Page 5 of 12


(rev. 2/28/2022)
125 125
Project: . Green PLACE
Parcel: 154

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
written below.

Seller acknowledges that this Agreement is NOT effective until such time as it is approved and
executed by the Orange County Board of County Commissioners. The signature of Buyer's
acquisition agent na1ned below does not have authority to bind Orange County.

SELLER

Date:

Presented to Seller on behalf of Orange County by:

David Sustachek, Senior Acquisition Agent


Orange County Real Estate Management Division

Contract for Purchase and Sale Page 6 of 12


(rev. 2/28/2022)

126 126
Proj ect: Green PLACE
Parcel: 154

BUYER

ORANGE COUNTY, I?LORIDA


By: Board of County Commissioners

Jerry L. Demings
Orange County Mayor

Date: - - - - -- - - - - - - - - -

ATTEST: Phil Diamond, CPA, co·unty Comptroller


As Clerk of the Board of County Commissioners

BY:

Deputy Clerk

Printed Name

C ontract for Purchase and Sale Page 7 of 12


(r ev. 2/28/2022)
127 127
Project: Green PLACE
Parcel: 154

EXHIBIT A
LEGAL DESCRIPTION

Parcel ID# 01-20-27-0000-00-055

That part of Government Lot 4 in Section 1, Township 20 South, Range 27 East (also described as the
No1ihwest 1/4 of the Northwest 1/4 of said Section 1), Orange County, Florida being described as follows

The North 328.40 feet of the South 656.09 feet of the Northwest 1/4 of the No1thwest 1/4 of Section 1,
Township 20 South, Range 27 East, Orange County, Florida.

Containing 10.00 acres more or less

Ingress and Egress Easement


The West 60 feet ofthe Nmthwest 1/4 of the No1t hwest 1/4 (less the South 327.69 feet) of Section 1,
Township 20 South, Range 27 East, Orange County, Florida.

Contract for Purchase and Sale Page 8 of 12


(rev. 2/28/2022)
128 128
Project: Green PLACE
Parcel: 154

EXHIBIT B
FORM OF WARRANTY DEED

Instrument:
Project: Green PLACE

W...\RRA.!"TY DEED

nns WARRA.NTY DEED, made as of the date signed below, by <name>, hereinafter called the
GRANTOR, to Orange County, a charter cowity and political subdivision of the state of Florida, whose
address is P. o.·Box 1393, Orlando, Florida 32802-1393, hereinafter called the GRA.NTEE.

WITNESSETH: That the GRA.NTOR for and in consideration of the sum of $10.00 and other
valua.ble considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain·, sell, alien,
renlise, release, convey, and confu111 tmto the GRANTEE, all that ce11ain land situate in Orange County,
Florida:

SEE ATTACHED SCHEDULE "A"/ EXHIBIT "A"

Propertr Appraiser's Parcel Identification Number:

TOGETHER with all the tenement.~, hereditaments, and appmienances thereto belonging or in
rurywise appe1faining.

TO HAVE AND TO HOLD, the same in fee sin1ple forever.

AND the GRA.i'l'TOR does hereby covenant with said GRANTEE that the GRANTOR is lawfully
seized of said land in fee simple; that the GRA.!.'lTOR has good right and lawful :mthority to sell and convey
said land; that the GRANTOR does hereby fully wan.mt the title to said land and will defend the same
against the lawfi.11 claims of all persons wh~msoever, and that said land is free of all encumbrances, except
taxes accming subsequent to December 31, 2022.

Contract for Purchase and Sale Page 9 of 12


(rev. 2/28/2022)

129 129
Project: Green PLACE
Parcel: 154

lnstmmeut:
Project: Green PLACE

IN WITNESS WHEREOF, the said GRANTOR bas caused these preseuts to be executed in their
name.

Signed, sealed aud delivered


in the presence of:
FORM NOT FOR SIGNATURE

Wituess <NA."ME.1>

Printed Name Post Office Address

Wituess

Printed Name

(Signature ofnvo witnesses reqliired by Flotida lmv)


STATE OF _ _ _ _ _ _ __
COUNTY OF _ _ _ _ _ _ __

The foregoing instmment ,:vas acknmvledged before me by means of □ physical pres.ence or C


onlinenotarization; this ___ day of _ _ _ __ _ _, 20 , by
who □ is personally known to me or C has produced
_ _ _ _ _ _ _ _ _ as identification.
FORrvl NOT FOR SIGNATURE
(Notary Seal)
Notruy Signature

Printed Notary Name


This instrument iJl'eparecl by:
_ _ _ _ _ _, a staff employee Notary Public in and for the
in the course of duty with county and state aforesaid
the Real Estate Mruiagement Division
of Orange County, Florida My commission expires:
P. 0. Box 1393
Orlando, Florida 32802

Contract for Purchase and Sale Page 10 of 12


(rev. 2/28/2022)
130 130
Project: Green PLACE
Parcel: 154

EXHIBIT C
DUE DILIGENCE CONTINGENCY

I. Orange County may obtain a report ("Environmental Survey") by a qualified consultant or


consultants, including members of Orange CountY'.s own professional staff, (the "Cousultants"),
within ninety (90) days from Effective Date. Such Environmental Survey may include, but not be .
limited to, the following: ·

a. contamination of the "Propertyl! (which term shall hereinafter be deemed to include


any buildings or structures located thereon) by hazardous materials;
b. apparent violation of environmental requirements upon or associated with activities
upon the J>roperty;
c. the presence of any endangered or threatened species or plant life on the Property;
d. whether the Property has any historical or archeological significance;
e. potential incurrence of environmental damages by the owner(s) or operator(s) of the
Property

(all of which shall hereinafter be collectively referred to as the "Environmental Exceptions")

The Environmental Survey may include, without limitation, the results of:
a. a site inspection;
b. interviews of present occupants of the Property;
c. a review of public records concerning the Property and other prope1ties in the
vicinity •Of the Property;
d. a review of aerial photographs of the Property and other evidence of historic land uses;
e. soil and/or ground water testing and/or analysis;
f. asbestos testing and/or analysis;
g. testing and/or analysis of any other apparently applicable environmental hazard or
condition; and
h. building inspection.

The Environmental Survey shall include, (if determined by the Consultants) the estimated cost of
cure and period of time required to remediate any Environmental Exceptions.

II. The Environmental Survey may be performed at any time or times, upon reasonable notice,
and under reasonable conditions established by Seller which do not impede the performance of the
Environmental Survey. The Consultants are hereby authorized to enter upon the Property for such
purposes and to perf01m such testing and take such samples as may be necessaty in the reasonable
opinion of the Consultants to conduct the Environmental Survey.

III. Seller will cooperate with the Consultants and supply to the Consultants such historical and
operational information as may be reasonably requested by the Consultants, including any notices,
p.ermits, or other written communications pe1taining to possible Environmental Exceptions, and
including without limitation, any studies, or reports prepared by, or for Seller, or furnished to
Seller, or its agents, or consultants, and Seller will make available to the Consultants any persons
known to have knowledge of such matters. Orange County shall hold the Environmental Survey

Contract for Purchase and Sale Page 11 of 12


(rev. 2/28/2022)
131 131
Project: Green PLACE
Parcel: 154

and any written materials furnished to it by Seller confidential except as required by law.

IV. If the Environmental Survey reveals any Environmental Exceptions, or if the other testing
reveals any condition to the Property which Orange County deems to require further evaluation,
then, this Agreement is automatically extended an additional ninety (90) days for further testing.
If the Environmental Survey or testing results are unacceptable to Orange County, then, this
Agreement shall be terminated upon notice to Seller of such unacceptability with no party to this
Agreement having any further liability to any other.

Contract for Purchase and Sale Page 12 of 12


(rev. 2/28/2022)
132 132
0~'1 'E Interoffice Memorandum I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
23

Jl y
GOVERXMENT
F I. O ll I ll ,\

REAL ESTATE MANAGEMENT ITEM 3

DATE: January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Mindy T. Cwnmings, Manager w<(G


Real Estate Management Division
INf(G
FROM: David Sustachek, Senior Acquisition Agent <:JS f ·
Real Estate Management Division

CONTACT
Mindy T. Cummings, Manager
PERSON:

DIVISION: Real Estate Management Division


Phone: (407) 836-7076

ACTION Approval and execution of Contract for Purchase and Sale by and
REQUESTED: between Jacqueline Lewis-Gress and Roy J. Gress, and Orange County,
approval of Warranty Deed, and authorization for the Manager of the Real
Estate Management Division to exercise all delegations of authority
expressly provided for by the Contract for Purchase and Sale, disburse
funds to pay purchase price in the ·amount of $498,723.50, and perform
all actions necessary and incidental to closing.

PROJECT: Green PLACE Parcel 155

District 2

PURPOSE: To preserve Environmentally Sensitive Lands (ESL)

133 133
Interoffice Memorandum
Real Estate Management Division
Agenda Item 3
January 6, 2023
Page 2 of 5

ITEMS: Contract for Purchase and Sale


(Parcel 155)
Cost: $498,723.50
Size: 17.65 acres
Warranty Deed
(Instrument 15 5.1)

BUDGET: Account No.: 1023-068-4303-6110

FUNDS: $498,723.50 Payable to The Closing City


(purchase price, title insurance, and closing costs)

APPROVALS: Real Estate Management Division


County Attorney's Office
Environmental Protection Division

REMARKS: The property located at 23 854 Oak Lane, along the south side of Oak Lane,
west of State Road 453, Mount Dora, Florida ("Property") (see map below
- area in red), is part of a four-parcel purchase from family members and
includes a single-family residence containing more than 864 square feet of
gross living space. The Property contains 17 .65 acres, is zoned A-1,
Agricultural, with a rural future land use. Irregular in shape, it is considered
to have 5A9 acres of wetlands in Zones X and AE according to FEMA
Flood Map 12095C0050I-I.

This action adds 17 .65 acres of ESL to the Environmental Protection


Division's Green PLACE Program. The Property meets the evaluation and
selection criteria outlined in Administrative Regulation 11.07 .01 ESL
Acquisition (see criteria below) and provides water resource protection,
aquifer recharge, and floodplain storage; closes gaps between other
publicly owned lands and enhances an existing wildlife corridor.

Closing is contingent upon completion and acceptance of due diligence of


the Prope1iy to be undertaken by the County during the inspection period.

Seller to pay documentary stamp taxes and prorated taxes.

134 134
Interoffice Memorandum
Real Estate Management Division
Agenda Item 3
.January 6, 2023
Page 3 of5

Administrative Regulation
.
11.07.01 Evaluation Criteria
.
Summary

REM
Parcel Criteria
# PID# Criteria Evaluated Met

155 Manageability X
Current
Regulations/Threat of
Degrading Events X
01-20-27-0000-00-054
Presence/likelihood of
non-imperiled and
imperiled species X

Water Resource Protection X


Contiguity to other
conservation Lands

Rare Habitat X
Ecosystem Diversity

Enhances Wildlife
Corridor X
Nature-Based Reci·eation X

Ecotourism Oppo1tunities X

135 135
Interoffice Memorandum
Real Estate Management Division
Agenda Item 3
.January 6, 2023
Page 4 of5

Lewis Parcels Location


,,..
I
,/

(11:,1)1

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ilit~l["':'-------------,.,.;-~ ,---,,-wck1wo=--,..,_..,......,.~
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'c;::1Sprlii'gs
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)

~
~ tr "'~·
.
!
(H~lldN~
Hlahlands
S3n"Ctuary

,t\~/ /'.✓-.ft'
'"" I
i-1"'".C
' •I""',.,),.......,........_,...,.,
I

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,.;,,_....\l:~,!li",
11.,,,:rjt'i f if
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t:?R~~-¾:~~~~•-"""'"" <
_. r

Legend
L. \J Lewis_01-20-27-0000-00-001 - Lewis_01-20-27-0000-00-054
~ Lewis_01-20-27-0000-00-055 D
£!'I Lewis_01 -20-27-0000-00-050 I I County Boundary
FNAI Florida Managed Areas 2022

0 0.5
·t ·
2Miles

136 136
Project: Green PLACE
Parcel: 155

CONTRACT FOR PURCHASE AND SALE

COUNTY OF ORANGE
STATE OF FLORIDA

This Contract for Purchase and Sale (the "Agreement") is made and entered into by and between
Jacqueline Lewis-Gress and Roy J. Gress, wife and husband ("Seller"), and Orange County, a
charter county and political subdivision of the State of Florida ("Buyer").

RECITALS

A. Seller owns the following real property in Orange County:


Property Appraiser's Parcel Identification Number:
01-20-2 7-0000-00-054

(hereinafter refe1red to as the "Property")

B. Buyer requires the Prope1ty as further described on Exhibit A, incorporated herein by


reference, for its Green PLACE project (the "Project"). Such legal description may be
updated when the Survey is received (as defined in Section 8.6. below).

C. Seller agrees to furnish the Property for the Project.

AGREEMENT

In consideration of .the promises stated in this Agreement and other good and valuable
consideration, Buyer and Seller agree as follows:

1. Agreement:
a. Seller agrees to execute a Warranty Deed for the Property (the "Deed"),
conveying the Property to Buyer free and clear of all liens and encumbrances in substantially the
same fo1m attached to this Agreement as Exhibit B, incorporated herein by reference.

b. Buyer agrees to pay the Consideration as defined below, to Seller for the
Property.

2. Consideration: Subject to such credits, adjustments, and prorations, if any, for


which provisions are hereinafter made, Seller agrees to sell and convey said land unto Buyer by
Deed for Property, free and clear of all liens and encumbrances, for the total sum of Four Hundred
Ninety-Five Thousand and no/1 00ths Dollars ($495,000.00).

137 137
Project: Green PLACE
Parcel: 155

3. Effective Date: The effective date of this Agreement (the "Effective Date") shall
be the date this Agreement is approved by the Orange County Board of County Commissioners
(the "Boa.rd") and executed by the Board.

4. Closing Date and Location: Unless otherwise agreed in writing between Buyer
and Seller, the closing of the purchase and sale of the Prope1ty contemplated herein ("Closing")
shall be a "mail away" closing and all documents and funds necessary for Closing shall be received
by the Title Company (the "Closing Agent") on or before thirty (30) days after the expiration of
the Inspection Period (the "Closing Date") (except to the extent that the Closing Date is extended
by other provisions of this Agreement).

5. Closing Costs: The following costs are required to complete the transaction
contemplated pursuant to this Agreement (the "Costs"). The Costs are allocated between the Seller
and Buyer as follows:

Cost.. Paid by Seller ' Paid by Buver


Recording Fees for Deed No Yes
Documentary Stamps Yes No
Title Insurance No Yes
Closing Agent Fee No Yes
Survey No Yes
Aooraisal Report(s) No Yes
Recording fees for any instruments Yes No
required by title commitment to
dear title

6. Pro rations: Ad valorem property taxes for the year of closing shall be prorated as
of the Closing Date and said prorated amount shall be paid by Seller pursuant to Section 196.295,
Florida Statutes. At Seller's election, Seller's share of prorated taxes may be deducted from the
proceeds of sale and remitted by Buyer or title company reasonably acceptable to Buyer to the
County Tax Collector on Seller's behalf. Unless the conveyance occurs between November 1 and
December 31 of the year of conveyance, in which case ad valorem properly taxes shall be paid in
full by Seller for the year of conveyance. In the event that, as of the Closing Date, there are any
outstanding unpaid prope1ty taxes for years prior to the year of closing, then Seller shall be
responsible for payment of the same, on the entirety of the tax parcels for which Buyer is acquiring
interest hereunder, the amount necessary to satisfy such outstanding property taxes shall . be
deducted from proceeds of sale.

7. Conditions of Closing: All of the conditions listed below are conditions precedent
to Closing. Such contingencies shall either be released, waived, cured within the timeframes set
forth below.
a. Title. On or before twenty (20) days following the Effective Date of this
Agreement, Buyer shall, at its sole cost and expense, obtain a current commitment for title
insurance (ALTA commitment July 1, 2021) committing to insure Buyer as purchaser of the

Contract for Purchase and Sale Page 2 of 12


(rev. 2n8/2022)
138 138
Project: Green PLACE
Parcel: 155

Prope1iy in the amount of the Purchase Price (the "Commitment"), evidencing that marketable
fee simple title to the property is cunently vested in Seller free and clear of all liens, encumbrances
or other matters of record whatsoever. In the event that Buyer shall determine that any one or
more of the exceptions listed as such in the Commitment are unacceptable to Buyer in its sole
discretion; Buyer shall notify Seller of that fact in writing on or before fifteen (15) days following
Buyer's receipt of the Commitment. Such written notice shall specify those exceptions listed as·
such in the Commitment which are objectionable to Buyer (the "Title Defects"), and Seller may
take up to fifteen (15) days to cure or eliminate the Title Defects at Seller's election and without
obligation to incur expense or to initiate legal proceedings. If Seller is successful in curing or
eliminating the Title Defects, the Closing hereunder shall take place on the date specified in this
Agreement. In the event Seller is unable or unwilling to cure or eliminate the Title Defects within
the 15-day period so provided, Buyer shall eithe1: (a) extend the time period for Seller to cure or
eliminate the Title Defects, (b) elect to terminate this Agreement on account thereof, (c) elect to
close and accept a conveyance of Seller's title thereto subject to and notwithstanding the existence
of the Title Defects on the Closing Date, or (d) proceed on its own to cure or eliminate the Title
Defects at any time prior to the Closing Date. In the event that Buyer elects to terminate this
Agreement because ofthe existence of Title Defects which are not cured or eliminated, upon giving
written notice of that fact to Seller on or before the expiration of the timeframe herein, this
Agreement shall terminate. In the event Buyer elects to proceed on its own to cure or eliminate
the Title Defects, Seller agrees to provide its reasonable cooperation in connection with Buyer's
efforts but Seller shall have no obligation to incur expense or to initiate legal proceedings.

b. Survey. Within ninety (90) days of the Effective Date of this Agreement, Buyer
may obtain a current boundary survey of the property. The survey shall be certified to Buyer and
title company reasonably acceptable to Buyer and prepared in accordance with the minimum
technical requirements and standards of practice promulgated by the Florida Board of Professional
Surveyor and Mappers, Chapter 5J-17, of the Florida Administrative Code," Section 472.027,
Florida Statutes and ALTA/NSPS Land Title Survey Standards. Upon Buyer and Seller's approval
of the survey, the same shall be and constitute the "Survey" for purposes of this Agreement and
legal description of the property set forth on the Survey may be utilized in the documents of
c·onveyance and in the Owner's Title Insurance Policy to be issued to Buyer hereunder. In the
event the Survey shows encroachments, easements, boundary overlaps or other matters
objectionable to Buyer, in its sole discretion, these shall be treated as Title Defects. Buyer may in
its sole discretion, treat these as "Exceptions," as defined herein. The draft of the Survey will be
reviewed by the County Surveyor or his subordinate and comments/revisions will be given to the
consultant before finalizing.

c. Inspection Period. Buyer shall have one hundred twenty (120) days after the
Effective Date, (the "Inspection Period") to deterrnine whether Buyer is willing to accept title to
and acquire the property from Seller. Seller agrees that during the Inspection Period, Buyer shall
have the right to make such surveys, topographical surveys, soil test borings, and similar
examinations as it may desire with respect to the Property, as described in the Due Diligence
Contingency, attached hereto as Exhibit C, is a material condition of this Agreement and
incorporated herein by this reference. Buyer, through its agents, shall have the right to enter upon
the Property for the purpose of performing such activities, provided said activities shall not
materially damage the Property. If during the Inspection Period Buyer decides, for whatever

Contract for Purchase and Sale Page 3 of 12


(rev. 2/28/2022)
139 139
Project: Green PLACE
Parcel: 155

reason, in Buyer's sole and absolute discretion, not to proceed with the purchase of the Property,
Buyer may, in Buyer's sole and absolute discretion, elect to terminate this Agreement by
· furnishing written notice thereof to Seller prior to the expiration of the Inspection Period. The
Manager of the Orange County Real Estate Management Division is hereby authorized, on behalf
of Buyer, to furnish any notice required or allowed under, and/or to te1minate this Agreement
pursuant to this Section.

d. Closing Documents. Closing is contingent upon delivery of Seller to Buyer in


recordable form all instruments necessary to convey the Property as referenced in this Agreement.
Such documents shall be executed and delivered to the Closing Agent on or before the Closing ·
Date.

8. Miscellaneous Provisions:
a. Notice. All notices or deliveries required under this Agreement shall be hand-
delivered or given by regular mail, or overnight courier directed to the addresses set forth below.
All notices so given shall be considered effective, if hand-delivered, when received; if delivered
by courier, one business day after timely deposit with the courier service, charges prepaid; or if
mailed, three days after deposit, first class postage prepaid, with the United States Postal Service.
Either party may change the address fo which future notices shall be sent by notice given in
accordance with this paragraph.

As to Seller: with a covv to:


Jacqueline Lewis-Gress Donald Morrell, Esq
Roy J. Gress 630 N. Wymore Road, Suite 370
P.O. Box 2152 Maitland, FL 32736
Chattanooga, TN 37409

.... ., ,. . ,· . · •·
, ,
, ,
' •,•. · ..-.·_;.
' • ., ' ...... ,· , . ~.

As to Purchaser: with a copy to:


Orange County, Florida Real Estate Orange County, Florida
Management Division County Attorney's Office
Attn: Manager Attn: County Attorney
400 E. South St., 5th Floor 20 I S. Rosalind Ave., 3rd Floor
Orlando, Florida 32801 Orlando; Florida 32801

b. Florida Statutes. Seller shall comply with Section 286.23, Florida Statutes,
pertaining to disclosure of beneficial ownership, if applicable.
c. Possession. Seller will surrender possession of the Propc1iy at closing.
d. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
e. Entire Agreement. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect between Seller and Buyer, made with
respect to the matters herein contained, and when duly executed constitute the Agreement between
Seller and Buyer. No additions, alterations, or variations to the terms of this Agreement shall be

Contract for Purchase and Sale Page 4 of 12


(rev. 2/28/2022)
140 140
Project: Green PLACE
Parcel: 155

valid, nor can provisions of this Agreement be waived by either party unless such additions,
alterations, variations, or waivers are expressly set forth in writing and duly signed.
f. Delegation of Authority. The Manager of the Orange County Real Estate
Management Division is hereby authorized, on behalf of the Buyer, to furnish any notice required
or allowed under, to sign amendments to this Agreemen:t for the extension of the timeframes as set
forth in paragraph 7 above for up to 120 days, to perform all actions necessary and incidental to
closing this Contract, including an extension of the closing date, if needed, up to 120 days or to
terminate the same for cause, and/or to perform all actions necessary and incidental to execute the
Holdover Agreement and enforce the terms of same.

Contract for Purchase and Sale Page 5 of 12


(rev. 2/28/2022) 141 141
Project: Green PLACE
Parcel: 155

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
written below.

Seller acknowledges that this Agreement is NOT effective until such time as il is approved and
executed by the Orange County Board of County Commissioners. The signature of Buyer's
acquisition agent named below does not have authority lo bind Orange County.

SELLER

P 1 ~ : : o e l ~ a n g e County by

David Sustachek, Senior Acquisition Agent


Orange County Real Estate Management Division

Contract for Purchase and Sale Page 6 of 12


/re,·. 2/28/2022)

142 142
Project: Green PLACE
Parcel: 155

BUYER

OR.ANGE COUNTY, FLORIDA


By: Board of County Commissioners

Jeny L. Demings
Orange County Mayor

Date:
- -- -- - - - - -- -- - -

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY:

Deputy Clerk

Printed Name

Contract for Purchase and Sale Page 7 of 12


(rev. 2/28/2022)
143 143
Project: Green PLACE
Parcel: 155

EXHIBIT A
LEGAL DESCRIPTION

Parcel ID# 01-20-27-0000-00-054

That part of Government Lot 4 in Section l, Township 20 South, Range 27 East (also described as the
Northwest 1/4 of the Northwest 1/4 of said Section 1), Orange County, Florida, being described as
follows:

Beginning at the Northwest corner of the Northwest 1/4 of the Northwest 1/4 of said Section l; thence run
S. 89°33'44" E. along the North line of said Northwest 1/4 of the Northwest 1/4 of Section 1, a distance
of 480.17 feet; thence run S. 00°49'53" W. 463.44 feet (464.44 feet Deed);thence run S. 89°33 '44" E.
117.35 feet; thence run S. 00°49'5~" W. 343.76 feet; thence run S. 89°06'30" W. 611.82 feet to the West
line of said Northwest 1/4 of the Northwest 1/4 of Section l; thence nin N. 01 °50' 13" E. 813.82 feet to
the Point of Beginning.

LESS that portion of the property conveyed to the Central Florida Expressway Authority by Order of
Taking as to Parcel 304 recorded June 8, 2015 in Official Records Book 10930, Page 3076.

Contract for Purchase and Sale Page 8 of 12


(rev. 2/28/2022)
144 144
Project: Green PLACE
Parcel: 155

EXHIBITB
li'ORM OF WARRANTY DEED

Instrument
Project: Green PLAC'E

WA.RR\J"'\°TY DEED

TI-IIS \VARRANTY DEED, made as of the date signed.below, by <..orune(s)>, hereinafter called
the GRANTORS, to Orauge County, a charter county and political subdivision ofthe state ofFlorida, whose
address is P. 0. Box 1393, Orlando, Florida 32802-1393, hereinafter called the GRAl'\l'TEE.

W'ITNESSETH: That the GRANTORS, for and iu consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby ackno\vlectged, do hereby grant, bargain, sell, alien,
remise, relea.se, convey, and confinn unto the GRANTEE, all thnt certain land situate in Orange County,
Fforida:

SEE ATTACHED SCHEDULE "A"/ EXHIBIT "A''

Property Appraiser's Parcel Identification Number:

TOGETIIBR with all the tenements, hereditaments, ruid .appurtenances iliereto belonging or in
an:y-wise appertaining. ·

TO HAVE AND TO HOLD, the same in fee simple forever.

A1'11D the GR...\!t'ITORS do hereby covenanhvith said GRANTEE that the GR.4.NTORS are la,vfully
seized of said laud in fee simple; that the GRANTOR.8 have good right ai1d lawful authority to sell and
convey said land; that the GRANTORS do hereby fully warrant the title to said land and ,vill defend the
same again.st the !mvful claims of all persons whomsoever, and that said land 1s free of all encumbrances,
except taxes accruing !,Ubseqnent to December 31, 2022.

Contract for Purchase and Sale Page 9 of 12


(rev. 2/28/2022)
145 145
Project: Green PLACE
Parcel: 155

fu:;timimmt
Prni:ect Gt-e,e:u JPL.\C'.E

IN \V.ITNES:S 'IN'HEREOF, the r;aid GKl\:.lffOR.S have c:rinsed these p,rese.nit, t,J\ be e-xecuted 111
th.eiroom.e.

Sim=d. :;ealled a:od .iif'fo"f:a·ed


mfui.e preseuce of:
!FORM NOT FOR SIGNATURE

Post Office .Ai:l:tirer,'"

!FORM NOT FOR Sl'3hl.A,TUIRE

Post Offic,e At:l«es~

STATE O:F_--=--------
C'OllJNTY OF
---------
The. 1fore.go1111g im;Wlll!llf1l,t was acknc,wieiiged lb,efo-re me tl'.,r merui,; c.f D physi,c~l i;,ie.,en,:e or 0
c!llW:l!l.t: m<fM.izati-c<l'.I. this _ __
day of . 20_ _• by _ _-=----~-·______
ain.:{ , ',vho D ru'€ pernoruillzt' kuc,wn t-o mr.:. oir D ·v.•li1:i• illlve ead1 pt"s'.l•m-iced
_ ___________ and __________ 3s icleoi!illcafiio-n.

IFORf',,•1 NOl fOR SIGNi'.!<,TUiRIE

Notary Sig_uahi:re

'JDlis im;h11,lm.-nt ,r•f'p,'l:re~l by:


- - - - - - c - · .:i st.1ff,ein,pfovee Notary F',.ib!ic in and £::r-r
mtl!:i.e r.,cnnrse of ,iwty ·,1,ith , the Coii.my atl!d State ;.,fo,re~ai-ol
the :Real fafa&e },fan.gemfflt Divi:;ion
c.f C'!wge ,Ccmnty, Hcrii:l:a
P. 0. B•:J•X B93
O:r]ruioo, HDria..1 31s1n

Contract for Purchase and Sale Page 10 ofl2


(rev. 2/28/2022)
146 146
Project: Green PLACE
Parcel: 155

EXHIBITC
DUE DILIGENCE CONTINGENCY

I. Orange County may obtain a report ("Environmental Survey") by a qualified consultant or


consultants, including members of Orange County's own professional staff, (the "Consultants"),
within ninety (90) days from Effective Date. Such Environmental Survey may include, but not be
limited to, the following:

a. contamination of the "Prope1ty11 (which term shall hereinafter be deemed to include


any buildings or structures located thereon) by hazardous materials;
b. apparent violation of environmental requirements upon or associated with activities
upon the Property;
c. the presence of any endangered or threatened species or plant life on the Property;
d. whether the Property has any historical or archeological significance;
e. potential incurrence of environmental damages by the owner(s) or operator(s) of the
Property

(all of which shall hereinafter be collectively referred to as the "Environmental Exceptions")

The Environmental Survey may include, without limitation, the results of:
a. a site inspection;
b. interviews of present occupants of the Property;
c. a review of public records concerning the Property and other properties in the
vicinity of the Property;
d. a review of aerial photographs of the Property and other evidence of historic land uses;
e. soil and/or ground water testing and/or analysis;
f. asbestos testing and/or analysis;
g. testing and/or analysis of any other apparently applicable environmental hazard or
conditiort;·and
h. building inspection.

The Environmental Survey shall include, (if determined by the Consultants) the estimated cost of
cure and period of time required to remediate any Environmental Exceptions.

II. The Environmental Survey may be performed at any time or times, upon reasonable notice,
and under reasonable conditions established by Seller which do not impede the perfo1mance of the
Environmental Survey. The Consultants are hereby authorized to enter upon the Property for such
purposes and to perform such testing and take such samples as may be necessary in the reasonable
opinion of the Consultants to conduct the Environmental Survey.

III. Seller will cooperate with the Consultants and supply to the Consultants such historical and
operational info1mation as may be reasonably requested by the Consultants, including any notices,
permits, or other written communications pertaining to possible Environmental Exceptions, and
including without limitation, any studies, or repo1ts prepared by, or for Seller, or furnished to
Seller, or its agents, or consultants, and Seller will make available to the Consultants any persons
known to have knowledge of such matters. Orange County shall hold the Environmental Survey

Contract for Purchase and Sale Page 11 of12


{rev. 2/28/2022)
147 147
Project: Green PLACE
Parcel: 155

and any written materials furnished to it by Seller confidential except as required by law.

IV. If the Environmental Survey reveals any Environmental Exceptions, or if the other testing
reveals any condition to the Property which Orange County deems to require further evaluation,
then, this Agreement is automatically extended an additional ninety (90) days for further testing.
If the Environmental Survey or testing results are unacceptable to Orange County, then, this
Agreement shall be terminated upon notice to Seller of such unacceptability with no party to this
Agreement having any further liability to any other.

Contract for Purchase and Sale Page 12 of 12


(rev. 2/28/2022)
148 148
I. CONSENT AGENDA
Interoffice Memorau ADMINISTRATIVE SERVICES
DEPARTMENT
24

GPVERNi\lENT
I' I, Cl I< I I) ,\

REAL ESTATE MANAGEMENT ITEM 4

DATE: January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Mindy T. Cummings, Manager ~{ v


Real Estate Management Division .
,. } 1.//
FROM: David Sustachek, Senior Acquisition Agent'\[? N' ·
Real Estate Management Division

CONTACT
Mindy T. Cummings, Manager
PERSON:

DIVISION: Real Estate Management ])ivision


Phone: (407) 836-7076

ACTION Approval and . execution of Contract for Purchase and Sale by and
REQUESTED: between Thomas M. Lewis and Orange County, approval of Warranty
Deed, and authorization for the Manager of the Real Estate Management
Division to exercise all delegations of authority expressly provided for by
the Contract for Purchase and Sale, disburse funds to pay purchase price
in the amount of $277,513.50, and perform all actions necessary and
incidental to closing.

PROJECT: Green PLACE Parcel 156

District 2

.PURPOSE: To preserve Environmentally Sensitive Lands (ESL)

149 149
-Interoffice Memorandum
Real Estate Management Division
Agenda Item 4
Jamrnry 6, 2023
Page 2 ofS

ITEMS: Contract for Purchase and Sale


(Parcel 156)
Cost: $277,513.50
Size: 10.01 acres

Warranty Deed
(Instrument 156.1)

BUDGET: Account No.: 1023-068-4303-6110

FUNDS: $277,513.50 Payable to The Closing City


(pmchase price, title insurance, and closing costs)

APPROVALS: . Real Estate Management Division .


County Attorney's Office
Environmental Protection Division

REMARKS: The subject property's physical address is Oak Lane, Mount Dora, Florida
(see map below - area in orange), is part of a four-parcel purchase from
family members. Rectangular in shape, the vacant parcel contains more
than 10.01 acres, and is considered to have 0.17 acres of wetlands that is
zoned A-1, Agricultural, with rural future land use in Zones X and AE
according to FEMA Flood Map 12095C0050H.

This action adds 10.01 acres of ESL to the Environmental Protection


Division's Green PLACE Program. The property meets the evaluation and
selection criteria outlined in Administrative Regulation 11.07 .01 ESL
Acquisition (see criteria below) and provides water resource protection,
aquifer recharge, and floodplain storage; closes gaps between other
publicly owned lands and enhances an existing wildlife corridor.

Closing is contingent upon completion and acceptance of due diligence of


the property to be undertaken by the County during the inspection period.

Seller to pay documentary stamp taxes and prorated taxes.

150 150
Interoffice Memorandum
Real Estate Management Division
Agenda Item 4
January 6, 2023
Page 3 of5

Administrntive Regulation 11.07.01 Evaluation Criteria Summary

REM
Parcel Criteria
# PID# Criteria Evaluated Met

156 Manageability X

Current
Regulations/Threat of
Degrading Events X
0l-20-27-0000-00-001
Presence/likelihood of
non-imperiled and
imperiled species · X

Water Resource Protection X

Contiguity to other
conservation Lands

Rare Habitat X

Ecosystem Diversity

Enhances Wildlife
Corridor X
Nature-Based Recreation X

Ecotourism Opportunities X

151 151
lntei-office Memorandum
Real Estate Management Divis ion
Agenda Item 4
January 6, 2023
Page 4 ofS

Lewis Parcels Location


W~klw~.sp~1~91}-
'.,,. ~ s1.a1e Park

i
.,
·. I

sro,1tyVr<Jolt
llills

~~... !p
1•.wb.

Legend
1Lewis_01 -20-27-0000-00-001 &II Lewis_01 -20-27-0000-00-054
~ Lewis_01-20-27-0000-00-055 D FNAI Florida Managed Areas 2022
!~;fl Lewis_01-20-27-0000-00-050 □ County Boundary
0 0.5 2 Miles

152 152
Project: Green PLACE
Parcel: 156

CONTRACTFORPURCHASEANDSALE

COUNTY OF ORANGE
STATE OFFLOIUDA

This Contract for Purchase and Sale (the "Agreement"). is made and entered into by and between
Thomas M. Lewis, a single man, ("Seller"), and Orange County; a charter county and political
subdivision of the State of Florida ("Buyer").

RECITALS

A. Seller owns the following real property in Orange County:


Property Appraiser's Parcel Identification Number
01-20-27-0000-00-001

(hereinafter referred to as the "Property")

B. . Buyer requires the Property as further described on Exhibit A, incorporated herein by


reference, for its Green PLACE project (the "Project''). Such legal description may be
updated when the Survey is received (as defined in Section 8.b. below). ·

C. Seller agrees to furnish the Property for the Project.

AGREEMENT

In consideration of the promises stated in this Agreement and other good and valuable
consideration, Buyer and Seller agree as follows:

1. Agreement:
a. Seller agrees to execute a Warranty Deed for the Property (the "Deed"),
conveying the Property to Buyer free and clear of all liens and encumbrances in substantially the
same form attached to this Agreement as Exhibit B, incorporated herein by reference.

· b. Buyer agrees to pay the Consideration·as defined below, to Seller for the
Property.

2. Consideration: Subject to such credits, adjustments, and prorations, if any, for


which provisions are hereinafter made, Seller agrees to sell and convey said land unto Buyer by
Deed for Property, free and clear of all liens and encumbrances, for the total sum of Two Hundred
Seventy-Five Thousand and no/I 00ths Dollars ($275,000.00).

153 153
Project: Green PLACE
Parcel: 156

3. Effective Date: The effective date of this Agreement (the "Effective Date") shall
be the date this Agreement is approved by the Orange County Board of County Commissioners
(the "Board") and executed by the Board.

4. Closing Date and Location: Unless otherwise agreed in writing between Buyer
and Seller, the closing of the purchase and sale of the Property contemplated herein ("Closing")
shall be a "mail away" closing and all documents and funds necessary for Closing shall be received
by the Title Company (the "Closing Agent") on or before thirty (30) days after the expiration of
the Inspection Period (the "Closing Date") (except to the extent that the Closing Date is extended
by other provisions of this Agreement).

5. Closing Costs: The following costs are required to complete the transaction
contemplated pursuant to this Agreement (the "Costs''). The Costs are allocated between the Seller
and Buyer as follows:

Cost Paid by Seller ·' Paid by Buyer


Recording Fees for Deed No Yes
Documentary Stamps Yes No
Title Insurance No Yes
Closing Agent Fee No Yes
Survey ·No Yes
Appraisal Report(s) No Yes
Recording fees for any instruments Yes No
required by title commitment to
clear title

6. Prorations: Ad valorem property taxes for the year of closing shall be prorated as
of the Closing Date.and said prorated amount shall be paid by Seller pursuant to Section 196.295,
Florida Statutes. At Seller's election, Seller's share of prorated taxes may be deducted from the
proceeds of sale and remitted by Buyer or title company reasonably acceptable to Buyer to the
County Tax Collector on Seller's behalf. Unless the conveyance occurs between November 1 and
December 31 of the year of conveyance, in which case ad valorem property taxes shall be paid in
full by Seller for the year of conveyance. In the event that, as of the Closing Date, there are any
outstanding unpaid property taxes for years prior to the year of closing, then Seller shall be
responsible for payment of the same, on the entirety of the tax parcels for which Buyer is acquiring
interest hereunder, the amount necessary to satisfy such outstanding property taxes shall be
deducted from proceeds of sale.

7. Conditions of Closing: All of the conditions listed below are conditions precedent
to Closing. Such contingencies shall either be released, waived, cured within the timeframes set
forth below.
a. Title. On or before twenty (20) days following the Effective Date of this
Agreement, Buyer shall, at its sole cost and expense, obtain a current commitment for title
insurance (ALTA commitment July 1, 2021) committing to insure Buyer as purchaser of the

Contract for Purchase and Sale Page 2 of 12


(rev. 2 /28/2022)

154 154
Project: Green PLACE
Parcel: 156

Property in the amount of the Purchase Price (the "Commitment"), evidencing that marketable
fee simple title to the property is currently vested in Seller free and clear of all liens, encumbrances
or other matters of record whatsoever. In the event that Buyer shall determine that any one or
more of the exceptions listed as such in the Commitment are unacceptable to Buyer in its sole
discretion; Buyer shall notify Seller of that fact in writing on or before fifteen (15) days following
Buyer's receipt of the Commitment. Such written notice shall specify those exceptions listed as
such in the Commitment which are objectionable to Buyer (the "Title Defects"), and Seller may
take up to fifteen (15) days to cure or eliminate the Title Defects at Seller's election and without
obligation to incur expense or to initiate legal proceedings. If Seller is successful in curing or
eliminating the Title Defects, the Closing hereunder shall take place on the date specified in this
Agreement. In the event Seller is unable or unwilling to cure or eliminate the Title Defects within
the 15-day period so provided, Buyer shall either (a) extend the time period for Seller to cure or
eliminate the Title Defects, (b) elect to terminate_this Agreement on account thereof, (c) elect to
close and accept a conveyance of Seller's title thereto subject to and notwithstanding the existence
of the Title Defects on the Closing Date, or (d) proceed on its own to cure or eliminate the Title
Defects at any time prior to the Closing Date. In the event that Buyer elects to terminate this
Agreement because of the existence ofTitle Defects which are not cured or eliminated, upon giving
written notice of that fact to ·Seller on or before the expiration of the timeframe herein, this
Agreement shall terminate. In the _event Buyer elects to proceed on its own to cure or eliminate
the Title Defects, Seller agrees to provide its reasonable cooperation in connection with Buyer's
efforts but Seller shall have no obligation to incur expense or to initiate legal proceedings.

b. Survey. Within ninety (90) days of the Effective Date of this Agreement, Buyer
may obtain a current boundary survey of the property. The survey shall be certified to Buyer and
title company reasonably acceptable to Buyer and prepared in accordance with the minimum
technical requirements and standards of practice promulgated by the Florida Board of Professional
Surveyor and Mappers, Chapter 5.J-17, of the Florida Administrative Code, Section 472.027,
Florida Statutes and ALTA/NSPS Land Title Survey Standards. Upon Buyer and Seller's approval
of the survey, the same shall be and constitute the "Survey" for purposes of this Agreement and
legal description of the property set forth on the Survey may be utilized in the documents of
conveyance and in the Owner's Title Insurance Policy to be issued to Buyer hereunder. In the
event the Survey shows encroachments, easements, boundary overlaps or other matters
objectionable to Buyer, in its sole discretion, these shall be treated as Title Defects. Buyer may in
its sole discretion, treat these as "Exceptions," as defined herein. The draft of the Survey will be
reviewed by the County Surveyor or his subordinate and comments/revisions will be given to the
consultant before finalizing.

c. Inspection Period. Buyer shall have one hundred twenty (120) days after the
Effective Date, (the "Inspection Period") to detennine whether Buyer is willing to accept title to
and acquire the property from Seller. Seller agrees that during the Inspection Period, Buyer shall
have the right to make such surveys, topographical surveys, soil test borings, and similar
examinations as it may desire with respect to the Property, as described in the Due Diligence
Contingency, attached hereto as Exhibit C, is a material condition of this Agreement and
incorporated herein by this reference. Buyer, through its agents, shall have the right to enter upon
the Property for the purpose of performing such activities, provided said activities shall not
materially damage the Property. If during the Inspection Period Buyer decides, for whatever

Contract for Purchase and Sale Page 3 of 12


(rev. 2/28/2022)

155 155
Project: Green PLACE
Parcel: 156

reason, in Buyer's sole and absolute discretion, not to proceed with the purchase of the Prope1ty,
Buyer may, in Buyer's sok and absolute discretion, elect to terminate this Agreement by
furnishing written _notice thereof to Seller prior to the expiration of the Inspection Period. The
Manager of the Orange County Real Estate Management Division is hereby authorized, on behalf
of Buyer, to furnish any notice required or allowed under, and/or to terminate this Agreement
pursuant to this Section.

d. Closing Documents. Closing is contingent upon delivery of Seller to Buyer in


recordable fonn all instruments necessary to convey the Property as referenced in this Agreement.
Such documents shall be executed and delivered to the Closing Agent on or before the Closing
Date.

8. Miscellaneous Provisions:
a. Notice. All notices or deliveries required under this Agreement shall be hand-
delivered or given by regular mail, or overnight courier directed to the addresses set forth below.
All notices so given shall be considered effective, if hand-delivered, when received; if delivered
by courier, one business day after timely deposit with the courier service, charges prepaid; or if
mailed, three days after deposit, first class postage prepaid, with the United States Postal Service.
Either party may change the address to which future notices shall be sent by notice given in
accordance with this paragraph.

· As to Seller: with a coov to:


Thomas M. Lewis
23852 Oak Lane
Mount Dora, Florida 32776

.. ;" .... '. .


. . .
•· ., ..

As to Purchaser: with a coov to:


Orange County, Florida Real Estate Orange County, Florida
Management Division County Attorney's Office
Attn: Manager Attn: County Attorney
400 E. South St., 5th Floor 201 S. Rosalind Ave., 3rd Floor
Orlando, Florida 32801 Orlando, Florida 3280 l

b. Florida Statutes. Seller shall comply with Section 286.23, Florida Statutes,
pe1taining to disclosure of beneficial ownership, if applicable.
c. Possession. Seller will surrender possession of the Property at closing.
d. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
e. Entire Agreement. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect between Seller and Buyer, made with
respect to the matters herein contained, and when duly executed constitute the Agreement between
Seller and Buyer. No additions, alterations, or variations to the terms of this Agreement shall be
valid, nor can provisions of this Agreement be waived by either party unless such additions,
alterations, variations, or waivers are expressly set forth in writing and duly signed.

Contract for Purchase and Sale Page 4 of 12


(rev. 2/28/2022)

156 156
Project: Green PLACE
Parcel: 156

f. Delegation of Authority. The Manager of the Orange County Real Estate


Management Division is hereby authorized, on behalf of the Buyer, to furnish any notice required
or allowed under, to sign amendments to this Agreement for the extension of the timeframes as set
forth in paragraph 7 above for up to 120 days, to perform all actions necessary and incidental to
closing this Contract, including an extension of the closing date, if needed, up to 120 days or to
terminate the same for cause.

Contract for Purchase and Sale Page 5 of 12


(rev. 2/28/2022)

157 157
Project: Green PLACE
Parcel: 156

IN WITNESS WHEREOF, the parties· hereto have executed this Agreement on the date(s)
written below.

Seller acknowledges that this Agreement is NOT effective until such time as it is approved and
executed by the Orange County Board of County Commissioners. The signature of Buyer's
acquisition agent named below does not have authority to bind Orange County.

SELLER

Thbmas M. Lewis

Date: / 2 - / f ., 2 2

Presented to Seller on behalf of Orange County by:

David Sustachek, Senior Acquisition Agent


Orange County Real Estate Management Division

Date:, L--\9 . . 'Z.oi-t

Contract for Purchase and Sale Page 6 of12


(rev. 2/28/2022)

158 158
Project: Green PLACE
Parcel: 156

BUYER

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

Jeny L. Demings
Orange County Mayor

Date: _ __ _ _ _ _ _ _ _ _ _ __ _

ATTEST: Phil Diamond, CPA, County ComptroJler


As Clerk of the Board of County Commissioners

BY:

Deputy Clerk

Printed Name

Contract for Purchase and Sale Page 7 of 12


(rev. 2/28/2022)

159 159
Project: Green PLACE
Parcel: 156

EXHIBIT A
LEGAL DESCRIPTION

Parcel ID# 01-20-27-0000-00-001

That part of Government Lot 4 in Section 1, Township 20 South, Range 27 East (also described
as the Northwest 1/4 of the Northwest 1/4 of said Section 1), Orange County, Florida being
described as follows:

The South 327.68 feet of the Northwest 1/4 of the Northwest 1/4 of Section I, Township 20
South, Range 27 East, Orange County, Florida.

Ingress and Egress Easement:


The West 60 feet of the Northwest 1/4 of the Northwest 1/4 (less the South 327 .69 feet) of
Section 1, Township 20 South, Range 27 East, Orange County, Florida.

Contract for Purchase and Sale Page 8 of 12


(rev. 2/28/2022)

160 160
Project: Green PLACE
Parcel: 156

EXHIBITB
FORM OF WARRANTY DEED

. Instnunent:
Project: Green PLACE

WARRA1''ffY DEED

TIIlS WARRAN1Y DEED, niade as of the date signed below, by <name>, hereinafter called the
GRANTOR to Orange County, a ch:uter county and political subdivision of the state of Florida, whose
address is P. 0. Box 1393, Orlando, Florida 32802-1393, hereinafter called the GRANTEE.

\VITNESSETH: That the GRANTOR for and in consideration of the sum of $10.00 aud other
valuable considerations, receipt whereof is hereby ackno,,•ledged, does hereby grant, bargain, sell, alien,
remise, release, convey, nnd confinn uuto the GRANTEE, all that ceitain land situate in Orange County,
Florida:

SEE ATTACHED SCHEDULE "A"/EXHIBIT "A"

Property Appraiser's Parcel Identification Number:

TOGETHER with all the tenements, hereditament.s, and appurtenances thereto belongi11g or in
anywise appe1iai11ing.

TO HAVE At~ TO HOLD, the .same in fee sin1ple forever.

AND the GRAl'.:!TOR does hereby covenant with said GRANTEE that the GRANTOR is lawfully
seized of said land i11 fee simple; that the GRAl'ITOR ha.s good 11ght and lm,vful authority to sell and convey
said land; that the GRANTOR does hereby fully wamlllt the title to said land aud ,vill defend the san1e
against the lawful claims of all persons whomsoever, and that said land is free of all encmubrance.s, except
taxes accming subsequent to December 31 2022.
0

Contract for Purchase and Sale Page 9 of 12


(rev. 2/28/2022)

161 161
Project: Green PLACE
Parcel: 156

Instmment:
Project: Green PLACE

IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in their
name.

Signed, sealed and delivered


in the presence of:
FORl\/1 NOT FOR SIGNATURE

Witnes.s <NAME.l>

Printed Name Post Office Address

Witness

Printed Name

(Signatme of TWO witnesses required by Florida law)


STAIT OF _ _ _ _ _ _ __
COUNTY OF _ _ _ _ _ __ _

The foregoing instnunent was acknowledged before me by means of O physical presence or C


online notarization, this _ ___ day of _ _ _ _ _ _ __, 20_ _ __, by
_ _ _ _ _ __ ____,, who O is perso1iaUy lruow:n to me or C has produced
__________ as identifieation.
FORl\·1 NOT FOR SIGNATURE
(Notary Seal)
Notary Signature

Printed Notm:y Name


This in<;trument prepared by:
_ _ _ _ _ _, a staff employee Notruy Public. i.n and for the
in the course ofduty v,r:ith county and state aforesaid
the Real Estate Management Division
of Orange County, Florida lVIy commission expires:
P. 0. Box 1393
Orlando, Florida 32802

Contract for Purchase and Sale Page 10 of 12


(rev. 2/28/2022}

162 162
Project: Green PLACE
Parcel: 156

EXHIBITC
DUE DILIGENCE CONTINGENCY

I. Orange County may obtain a report ("Environmental Survey") by a qualified consultant or


consultants, including members of Orange County's own professional staff, (the "Consultants"),
within ninety (90) days from Effective Date. Such Environmental Survey may include, but not be
limited to, the following:

a. contamination of the "Property" (which term shall hereinafter be deemed to include


any buildings or structures located thereon) by hazardous materials;
b. apparent violation of environmental requirements ·upon or associated with activities
upon the Property;
c. the presence of any endangered or threatened species or plant life on the Property;
d. whether the Prope1ty has any historical or archeological significance;
e. potential incurrence of environmental damages by the owner(s) or operator(s) of the
Property · ·

(all of which shall hereinafter be collectively referred to as the "Environmental Exceptions")

The Environmental Survey may include, without limitation, the results of:
a. a site inspection;
b. interviews of present occupants of the Property;
c. a review of public records concerning the Property and other properties i!] the
vicinity of the P-roperty; · ·
d. a review of aerial photographs of the Prope11y and other evidence of historic land uses;
e. soil and/or ground water testing and/or analysis;
f. asbestos testing and/or analysis;
g. testing and/or analysis of any other apparently applicable environmental hazard or
condition; and
h. building inspection.

The Environmental Survey shall include, (if determined by the Consultants) the estimated cost of
cure and period of time required to remediate any Environmental Exceptions.

U. The Environmental Survey may be performed at any time or times, upon reasonable notice,
and under reasonable conditions established by Seller which do not impede the performance of the
Environmental Survey. The Consultants are hereby authorized to enter upon the Property for such
purposes and to perform such testing and take such samples as may be necessary in the reasonable
opinion of the Consultants to conduct the Environmental Survey.

Ill. Seller will cooperate with the Consultants and supply to the Consultants such historical and
operational information as may be reasonably requested by the Consultants, including any notices,
permits, or other written communications pe11aining to possible Environmental Exceptions, and
including without limitation, any studies, or reports prepared by, or for Seller, or furnished to
Seller, or its agents, or consultants, and Seller will make available to the Consultants any persons
known to have knowledge of such matters. Orange County shall hold the Environmental Survey

Contract for Purchase and Sale Page 11 of 12


(rev. 2/28/2022)

163 163
Project: Green PLACE
Parcel: 156

and any written materials fumished to it by Seller confidential except as required by law.

IV. If the Environmental Survey reveals any Environmental Exceptions, or if the other testing
reveals any condition to the Prope1ty which Orange County deems to require fmther evaluation,
then, this Agreement is automatically extended an additional ninety (90) days for further testing.
If the Environmental Survey or testing results are unacceptable to Orange County, then, this
Agreement shall be terminated upon notice to Seller of such unacceptability with no paity to this
Agreement having any further liability to any other.

Contract for Purchase and Sale Page 12 of12


(rev. 2/28/2022)

164 164
t. CONSENT AGENDA
Interoffice Memorandun ADMINISTRATIVE SERVICES
DEPARTMENT
25

GO\'ER~MENT
F I. O I< I I> ,\

REAL ESTATE MANAGEMENT ITEM 5

DATE: Januaiy 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Mindy T. Cummings, Manager 'N'-AG


Real Estate Management Division
1C
FROM: Mary Tiffault, Senior Title Examiner 1N'{
- \\i\
Real Estate Management Division

CONTACT Mindy T. Cummings, Manager


PERSON:

DIVISION: Real Estate Management Division


Phone: (407) 836-7090

ACTION Approval and execution of Hold Harmless and Indemnification


REQUESTED: Agreement Parcel ID No. 06-22-31-4444-00-190 by and between
Mildred Taylor Austin and Orange County and authorization to record
instrument.

PROJECT: Austin Boat Dock Const. Permit BD-21- I 1-155

District 5

PURPOSE: To satisfy a specific condition for approval of Dock Construction Permit


No. BD-21-11-155.

165 165
Interoffice Memorandum
Real Estate Management Division
Agenda Item 5
· January 6, 2023
Page 2 of2

ITEM: Hold Harmless and Indemnification Agreement


Cost: None

APPROVALS: Real Estate Management Division


County Attorney's Office .
Risk Management Division
Environmental Protection Division

REMARKS: The Board approved a variance on March 8, 2022, for an after-the-fact


dock construction permit BD-21-11-155. As a condition of the variance
approval, Mildred Taylor Austin (Homeowner) is entering into a Hold
Harmless and Indemnification Agreement (Agreement). The Agreement
will be recorded .

. Homeowner to pay recording fees.

166 166
PREPARED BY & RETURN TO:
Sheila Cichra
1002 Fort Mason Drive
Eustis~ FL 32726

Project: Austin Boat Dock Const. Permit BD-21-11-155

HOLD HARMLESS AND


INDEMNIFICATION AGREEMENT
PARCEL ID No. 06-22-31-4444-00-190
TfilS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (the "Agreement")
is made by and between Mildred Taylor Austin, a single woman, whose mailing address is 9893 Lake
Georgia Drive, Orlando, Florida 32817 (the "Homeowner"), and ORANGE COUNTY, a charter
county and political subdivision of the State of Florida, whose mailing address is P.O. Box 1393,
Orlando, Florida 32802-1393 (the "County").

WITNESSETH:
WHEREAS, the Homeowner holds fee simple title to the property located at 9893 Lake
Georgia Drive, Orlando, Florida which is more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference (the "Property"); and

WHEREAS, Section 15-342(d), Article IX, Chapter 15, of the Orange County Code, requires
that the floor elevation of all docks be a minimum of one (1) foot above the established control
elevation or normal high-water elevation; and

WHEREAS, the normal high-water elevation ("NHWE") of Lake Georgia was approved by
the Orange County Board of County Commissioners (the "Board") in 1983 at 58.41 feet; and

WHEREAS, historical water elevation data indicates that the NHWE of Lake Georgia has not
been achieved since September of 1964 and that the current elevation is approximately 52.15 feet, and

WHEREAS, based upon the current water elevation data for Lake Georgia, the Homeowner
sought a variance from the County to allow the construction of a boat dock (the "Improvements") 2.19
feet below the established normal high-water elevation for Lake Georgia, 3.19 feet below the required
minimum floor elevation; and
WHEREAS, the Homeowner was granted approval of the variance subject to the conditions
ratified or established by the Board at its March 8, 2022 meeting, including, but not limited to the
execution and recordation of an agreement to hold the County hatmless from any damage, injury or
destruction resulting from the variance approval; and

WJIIEREAS, since this Agreement will be executed and recorded in the Official Records of
Orange County, this Agreement serves as notice that the Improvements may be constructed or may
have been constructed below the required minimum floor elevation as authorized by a variance
approved with conditions ratified or established by the Board at its meeting on March 8, 2022.

1
167 167
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS in hand paid by
Homeowner to County, the mutual agreements, benefits, obligations, covenants, terms, conditions and
restrictions contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:

1. RECITALS. The above recitals are true and correct and are hereby incorporated as a
material part of this Agreement by this reference.

2. HOLD HARMLESS AND INDEMNIFICATION. The Homeowner, on behalf of


herself, and successors, assigns, heirs, grantees, representatives, invitees, and permittees, hereby
assumes sole and entire responsibility for any and all damages to property sustained as a result of the
County's granting of the variance request on March 8, 2022. The Homeowner hereby releases,
indemnifies, defends (with legal counsel acceptable to the County), and holds harmless the County, its
Board members, officers, employees, contractors, agents, and elected and appointed officials from and
against any and all claims, suits, judgments, demands, liabilities, damages, costs and expenses .
(including but not limited to attorneys' fees, paralegals' fees, consultants' fees and costs at all .
administrative, pretrial,· trial and appellate levels) of any kind or nature whatsoever, including without
limitation damage to property, arising out of or related in any way to the activities or operations on or
use of the Improvements resulting from the County's granting of the variance request on March 8,
2022.

3. COVENANTS RUNNING WITH THE LAND. This Agreement shall run with the
Property. It is further intended that this Agreement shall be binding on all parties having any right,
title or interest in the Property described herein or any portion thereof, their heirs, representatives,
successors and assigns.

4. AMENDMENTS/T~RMINATION. This Agreement may be amended or terminated


only by express written instrument approved by the Board and the Homeowner.

5. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled and interpreted according to the laws of the State of Florida.

6. RECORDATION. An executed original of the Agreement shall be recorded, at the


Homeowner's expense, in the Official Records of Orange County, Florida.

7. EFFJECI.B:VE DATE. This Agreement shall become effective on the date of execution
by the County or the date of execution by the Homeowner, whichever is later.

2
168 168
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
by their respective duly authorized representatives on the dates set forth below.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By:
Jerry L. Demings
Orange County Mayor

Date:
------------

ATTEST: Phil Diamond, County Comptroller


As Clerk of the Board of County Commissioners
By: - - - - - - - - - - - - - -
Deputy Clerk
Date:
-------------

[space inttentoonally Heft blank}

(signature and notan-y block for homieowner and BegaH description on next page]

3
169 169
' n

Date: 4zi
f 1,2-.

STATE OF FLORIDA
COUNTY OF ORANGE

The foregoing instrument was acknowledged before me by means of ~ i c a l presence or


_ _ online notarization this 2 / SI-day of _jfJ,,.e£ra1'J,?tC 2022, by Mildred Taylor Austin, a
single woman [ ]who is personally known to me or [ ~ho has prnduced £1.- / /)L as
7
identification.

. (Affix Stamp)

y Juanita Foster
Notary Public
State of Florida
Comm# HH01715S
VE\ Expires 9/8/2024

My Commission Expires:

4
170 170
EXHIBIT "A"
LEGAL DESCRIPTION

Parcel Ide1ntification No. 06-22-31-4444-00-190

Lot 19, LAKE GEORGIA SHORES, as per Plat Book "S", page 65, Public Records Orange County,
Florida.

5
171 171
onE
I. CONSENT AGENDA
Interoffice Memoran ADMINISTRATIVE SERVICES
DEPARTMENT
26

Cffu11Y
G()\'ER~Mt~I
F I. o H I ll ,\

REAL ESTATE MANAGEMENT ITEM 6

DATE: January 6, 2023

TO: Mayor Jerry L. Dernings


-AND-
County Commissioners

THROUGH: Mindy T. Cummings, Manager \, /(V


Real Estate Management Division ~\]\
✓re .
FROM: Juanita Thomas, Senior Title Examiner j' l. ({I.
)

Real Estate Management Division

CONTACT
Mindy T. Cummings, Manager
PERSON:

DIVISION: Real Estate Management Division


Phone: (407) 836-7090

ACTION Approval and execution of Right of Entry Agreement among


REQUESTED: Orange County, City of Orlando, and City of Clem1ont

PROJECT: Conserv II - Clem1ont Right of Entry (PN 19670)

PURPOSE: To provide tempora1y Right of Entry to the City of Clermont its


employees, contractors, consultants, and agents to enter upon
the property located in Lake County, to complete the work of
collecting wetland data.

172 172
Interoffice Memorandum
Real Estate Management Division
Agenda Hem 6
,January 6, 2023
Page 2 of2

ITEMS: Right of Entry Agreement


Revenue: None/Donation
Total size: n/a
Term: Until October 11, 2031, or until the work is completed
and property is restored

APPROVALS: Real Estate Management Division


County Attorney's Office
Utilities Department

REMARKS: The Right of Entry Agreement (Agreement) will remain in effect until the
earlier of: (a) the expiration date of the City of Orlando's Conditional Use
Permit on October 11, 2031; or (b) at such time as the work has been
completed and City of Clermont has satisfied its obligations under Section
6 (Property Restoration) of the Agreement.

173 173
RIGHT OF ENTRY AGREEMENT

THIS RIGHT OF ENTRY AGREEMENT (the "Agreement"), effective as of the last'


date of execution below (the "Effective Date"), is made among ORANGE COUNTY, a charter
county and political subdivision of the State of Florida ("County"), CITY OF ORLANDO, a
municipal corporation organized and existing under the laws of the State of Florida ("City", and
together with County, the "Owners"), and CITY OF CLERMONT, a municipal corporation
organized and existing under the laws of the State of Florida ("Licensee"). County, City, and
Licensee are individually referred to herein as a "Party" and collectively referred to as the
"Parties."

RECITALS

A. County and City jointly own certain real property located in Lake County, Florida,
located at Five Mile Road, Clermont, Florida 34711, bearing Lake County Property Appraiser's
Parcel Identification Number 13-23-25-0900-013-00000 (the "Conserv II Property").

B. Licensee has requested a right of entry license for access to the cross-hatched p011ion
of the Conserv II Property shown on Exhibit "A" (the "License Area") in order to collect
wetland data (the "Work").

C. The Parties desire to enter into this Agreement for the purposes of evidencing their
respective rights and obligations in connection with Licensee's request.

NOW THEREFORE, for and in consideration of the mutual promises and obligations
set forth in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT

1. Recitals; Exhibits. The foregoing recitals are h·ue and correct. The recitals and
exhibits attached to this Agreement are hereby incorporated into this Agreement by reference.

2. License; No Grant of Easement. The Owners hereby grant Licensee a non-


exclusive license over, upon, and across the License Area for the purposes, and under the tem1s
and conditions, set forth in this Agreement (the "License"). This Agreement is intended and will
be construed only as a temporary license to enter the License Area and complete the Work. This
Agreement does not grant an easement to the Licensee or anyone else or create or confirm any
ownership or posscssory interest in any portion of the License Area, in the Licensee or anyone
else. The Owners reserve the right to use the License Area in any manner whatsoever.

Page I of8

174 174
3. Purpose of the License. The sole purpose of the License is to permit Licensee
and its employees, contractors, consultants, and agents (collectively, the "Entrants") to enter
upon the License Area to complete the Work.

4. Prior Notice and No Interference with Owners' Operations Permitted.


Licensee will provide at least ten (10) days written notice to Owners prior to entering upon
the License Area to conduct Work under this License. Under no circumstances may Licensee
block any operation of the Owners or impede or restrict the nonnal operation of the Owners on
the License Area without the prior written consent of the Owners. Any interference with
operations of the Owners as detem1ined by the Owners in their sole discretion may result in
immediate suspension or termination of this Agreement. If the Owners detem1ine that Licensee's
activities, in whole or in part, unreasonably interfere in any way with the convenient, safe, or
continuous use, maintenance, or improvement of the License Area, Licensee will, upon receipt of
notice, immediately alleviate the interference at no cost to the Owners.

5. Term. This Agreement will commence upon the Effective Date and, except as
otherwise provided in this Agreement, will remain in effect until the earlier of: (a) the expiration
date of the City's Conditional Use Permit ("CUP") on October 11, 2031, or (b) at such time as
the Work has been completed and Licensee has satisfied its obligations under Section 6 (Property
Restoration) (the "Term"). Notwithstanding the foregoing, this Agreement is terminable at
will by the Owners, upon written notice to Licensee.

6. Property Restoration. Licensee will restore the License Area to a condition as


good as, or better than, the condition existing prior to the commencement of Work. This Section
will survive any te1mination of this Agreement or revocation of the License.

7. Inspections. All work, materials, and equipment are subject to inspection and
approval by the Owners at any time.

8. Information Sharing. Within thirty (30) days after Owners' request, all
information and data obtained by Licensee from the Work will be provided to Owners and
Woodard & Curran, Inc./Water Conserv II, either electronically or in writing. In addition,
Licensee will provide Owners and Woodard & Curran, Inc./Water Conserv II a written or
electronic copy of any and all reports, studies, summaries, analyses, or other such documentation
prepared by Licensee or Licensee's consultants/contractors, that incorporate any infmmation or
data obtained by Licensee from the Work.

9. Presence of Abnormal Conditions. In the event Licensee or the Entrants


encounter any abnonnal condition which may indicate the presence of a hazardous substance,
toxic waste, or pollutants, Licensee must immediately cease all work within the License Area
and immediately contact the Owners. Abnormal conditions may include, but are not limited to,
discolored earth or groundwater, visible fumes or smoke, abnormal odors, excessively hot soil or
water, tanks or barrels, or other conditions which appear abnormal. The Owners will notify
Licensee of any suspension or revocation of the License to allow for contamination assessment
and remediation. The suspension or revocation will remain in effect until otherwise notified by
the Owners.

Page 2 of8

175 175
10. Regulatory Compliance. Licensee will ensure that the Work is performed in
compliance with all applicable laws, rules and regulations, and will obtain all permits necessary
for the conduct of the Work. Licensee will locate utilities on the License Area prior to any
invasive work on the License Area.

11. Indemnification. To the extent provided by law, Licensee agrees to indemnify,


defend, and hold harmless the Owners from and against any and all claims, suits, actions, causes
of action, damages, liabilities, injuries, judgments, fines, attorneys' and other professionals' fees,
penalties, losses, costs, or expenses ("Claim") arising from Licensee's use of the License Area
or from the exercise by Licensee of any rights granted by this Agreement, provided that Licensee
has no obligation to indemnify or hold harmless the Owners against that portion of any Claim to
the extent caused by or resulting from the negligence of the Owners. Nothing herein will be
construed to waive the Owners' sovereign immunity protections or the limitations of liability
established under Florida law, including those limitations established in Section 768.28, Florida
Statutes. This Section will survive any termination of this Agreement or revocation of the
License.

12. Insurance. During the term of this Agreement, Licensee will maintain, and will
ensure that the Entrants performing Work on the License Area maintain, general liability and
automobile insurance with limits of not less than $1,000,000 per occurrence and workers'
compensation insurance or self-insurance as required by Florida Statutes chapter 440. All such
insurance or self-insurance must be primary to, and not contribute with, any insurance or self-
insurance maintained by the Owners. The Owners must be listed as an additional insured on all
such insurance policies except for workers' compensation coverage. Licensee must provide the
Owners with notice of any material change, canceltation, or non-renewal of any insurance policy
required by this Section at least 30 days prior to the occurrence thereof.

13. No Liens. Licensee must keep the License Area free and clear of all liens and
encumbrances arising from the exercise by Licensee of its rights under this Agreement.

14. Limitation of Liability. The Owners make no representations about the


condition of the License Area. This Agreement is conditioned upon Licensee's use of the
License Area "AS IS" and "WITH ALL FAULTS." Licensee and the Entrants will enter upon
the License Area at their own risk, and the Owners will not be held responsible or liable for
injury, damage, or loss incurred by Licensee or any Entrants arising out of or in com1ection with
activities under this Agreement.

15. No Partnership. Nothing contained in this Agreement will be deemed or


construed by the Parties or by any third pa11y to create the relationship of principal and agent, or
of partnership, or joint venture, or of any other association between the Owners and Licensee.

16. Notices. Any notice, request, direction, instruction, payment, or other


communication required or permitted to be made or given by any Party must be in writing and
sent to the addresses set fo1ih below or to such other address as the recipient may designate in
writing to all Parties and must be (i) delivered in person, (ii) sent registered or certified mail,
return receipt requested, or (iii) sent Federal Express, USPS Express Mail, UPS or other
overnight delivery service with delivery confinnation.

Page 3 of8

176 176
If to the County: Director, Utilities Department
9150 Curry Ford Road
Orlando, FL 32825-7600

with a copy to: Manager, Real Estate Management


400 E. South Street, 5th Floor
Orlando, FL 32802-2816

Project Manager/Principal
Woodard & Curran, Inc./Water Conserv II
PO Box 783125
Winter Garden, FL 34778-3125

If to the City: Manager, Real Estate Management


400 S. Orange Avenue, ih Floor
Orlando, FL 32801-3317

with a copy to: Public Works Director


400 S. Orange Avenue, 8th Floor
Orlando, FL 32801-3317

If to Licensee: City Manager


685 W. Montrose Street
Clermont, FL 34711-2119

With a copy to: Public Services Director


400 12th Street
Clermont, FL 34711-2018

17. Attorneys' Fees. The Parties agree that each Party will bear the cost of its own
attorney fees, paralegal fees, professional fees, and other incidental costs incurred for any action
arising out of or in connection with this Agreement.

18. Enforcement. If any Party fails to perform or breaches any obligation,


requirement, duty, or covenant contained in this Agreement, the non-defaulting Parties will have
the right, at their option, in addition to any of its other rights, privileges, or remedies otherwise
stated elsewhere in this Agreement, to bring an action for specific performance in a court of
competent jurisdiction. The failure to enforce any other tenns or provisions of this Agreement,
however long continued, will in no event be deemed a waiver of the right to enforce the same

Page 4 of8

177 177
thereafter as to the same breach or violation, or as to any other breach or violation occurring
prior to or subsequent thereto. The Parties waive their right to a jury trial for any dispute or legal
action resulting from or associated with this Agreement.

19. Applicable Law. This Agreement will be governed by and construed under and
in accordance with the laws of the State of Florida. The Parties consent and agree that Orange
County, Florida, will be the exclusive, proper and convenient venue for any legal proceeding in
federal or state court relating to this Agreement, and each Party hereby waives any defense,
whether asserted by motion or pleading, that Orange County is an improper or inconvenient
venue.

20. Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to Licensee's access to the License Area and supersedes all previous discussions,
understandings, and agreements between the Parties relating to the subject matter of this
Agreement.

21. Amendments. This Agreement may not be modified or amended in any respect
except by written agreement entered into by the Parties in the same a manner as this Agreement.

22. Authority. Each Party to this Agreement warrants and represents that such Party
has full and complete authority to enter into this Agreement and each person executing this
Agreement on behalf of a Party warrants and represents that he/she has been fully authorized to
execute this Agreement on behalf of such Party and that such Party is bound by the signature of
such representative.

23. Third Party Beneficiary. There are no intended or unintended third-party


beneficiaries of this Agreement.

24. Assignment. Licensee may not assign or transfer any interests, rights, or duties
under this Agreement to any other party without the prior written consent of the Owners.

[REMAINDER Olr PAGE LEFT BLANK;


SIGNATURES APPEAR ON FOLLOWING PAGES]

Page 5 of8

178 178
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the day and year written below their signatures.

ORANGE COUNTY, FLORIDA,


a charter county and political subdivision of
the State of Florida

By: Board of County Commissioners

By: - - - - - - - - - - - -
Jerry L. Demings
Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By: - - - - - - - - - - - - - -
Deputy Clerk

Print: ----------------

Page 6 of 8

179 179
CITY OF ORLANDO, FLORIDA,
a municipal corporation

Laune J. Botts
Real Estate Division Manager

Date

APPROVED AS TO FORM AND LEGALITY


FOR THE USE AND RELIANCE OF THE
CITY OF ORLANDO, FLORIDA:

~~ - :.::::.-

P1intName

Page 7 of8

180 180
CITY OF CLERMONT,
a municipal corporation organized and
~<- . : . >: ~,:. .. existing under the laws of the State of
•::; ·; ·} Florida
\~, . .

-?~;/ ;·:\:: ,,
"''.'.:;'.'. \c, tk,- t.A-
Tracy Ackroyd, City Clerk Tim Murry Mayof \ .
This /3/11day of UeCe>11lp(, 2022

~_.Cit:y-A"ffomey

Page 8 of 8

181 181
Exhibit A

Exhibit A
Page I of 1

182 182
I. CONSENT AGENDA
Interoffice Mem01 ADMINISTRATIVE SERVICES
DEPARTMENT
27

GOVERNMENT
I' I. O I( l ll ,\

REAL ESTATE MANAGEMENT ITEM 7

DATE: January 5, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners .

THROUGH: Mindy T. Cummings, Manager dL C-


Real Estate Management Division
/l,
FROM: Mary Tiffault, Sr. Title Examiner "1'-"' )N\
Real Estate Management Division

CONTACT Mindy T. Cummings, Manager


PERSON:

DIVISION: Real Estate Management Division


Phone: (407) 836-7090

. ACTION Approval to record executed Notice of Extension by and between Central


REQUESTED: Florida Expressway Authority and Orange County, Florida, and
authorization to disburse funds to pay recording fees and record
instrument.

PROJECT: OOCEA (Western Beltway Part C) Bike Path Property deed to Orange
County

Districts 1 and 2

PURPOSE: To grant an extension for 10 years to complete construction of the bike


path pursuant to the tenns and conditions of the Dee<l and Section 1.2 (<l)
of the Collocation Agreement.

183 183
Interoffice Memorandum
Real Estate Management Division
Agenda Item 7
January 5, 2023
Page 2 of2

ITEM: Notice of Extension


Size: N/A

FUNDS: $52.50 Payable to Orange County Comptroller


(Recording fees)

CHARGE TO: Account No. 1050-062-1801-3148

APPROVALS: Real Estate Management Division


Orange County Parks and Recreation Division

REMARKS: Community and Family Services brought forth this Notice of


Extension (Agreement) as Consent Item 2, Legislative File #22-1156
for the September 13, 2022 Board meeting. The Board approved it at
that meeting. The Agreement has now been fully executed and this
request is for approval to record the previously executed Notice of
Extension.

184 184
APPROVED BY ORANGE
COUN1Y BOARD OF COUN1Y
COMMISSIONERS

BCC Mtg. Date: September 13, 2022

This document Wll.'i prepared by:


Laura L. Kelly
Central Florida Expressway Authority
4974 ORI, Tower Road
Orlando, FL 32807

Project State Road 429


Bike Path Property

NOTICE OF EXTENSION
\.
THIS NOTICE OF EXTENSION ("Notice") is made and entered into as ofthe Effective
Date (hereinafter defined) by and between CENTRAL FLORIDA EXPRESSWAY
AUTHORITY, a body corporate and an agency of the State of Florida, creatt;\d by Part ill of
Chapter 348, Florida Statutes, whose address is 4974 ORL Tower Road, Orlando, Florida 32807
("CFX"), and ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the
State of Florida, whose address is P.O. Box 1393, Orlando,.Florida 32801-1393 ("County"), CFX
and County are referred to herein sometimes as a "Party" or the "Parties". .

RECITALS

WHEREAS, CFX was created pursuant to Part Ill, Chapter 34~, Florida Statutes ("CFX
Act") to, among other things, construct, improve, maintain and operate a limited access toll road
lmown as the Central Florida Expressway_System, as defined in the CFX Act, and was granted all
powers necessary and convenient to conduct its business, including the power to contract with
other public agencies; and ·

WHEREAS, CFX's predecessor in interest, Orlando-Orange co·u nty Expressway


Authority ("OOCEA"), County, and Florida Power Cooperation ("FPC") entered into that certain
Collocation ofBike Path and Transmission Line Agreement dated January 23, 2001 ("Collocation
Agreement"), whereby OOCEA agreed to convey to the County the Bike Path Property, as such
real property is defined in the Collocation Agreement, for the construction, operation nnd
maintenance of a Bike Path, as defined in the Collocation Agreement; and

WHEREAS, OOCEA conveyed to County the Bike Path Property for the construction,
operation, and maintenance of the Bike Path pursuant to that certain Quit-Claim Deed dated
January 7, 2003- and recorded January 16, 2004 in Official Records Book 7269, Page 3217, in the
Public Records of Orange County, Florida ("Deed''); and ·

WHEREAS, pursuant to the terms and conditions of the Deed and Section l .2(d) of the
Collocation Agreement, CFX has the right, in its sole option, to require the.County reconvey and
quit ciaim to CFX the Bike Path Property in the event the County fails to complete the construction
of the Bike Path i~ accordance with the tenns and conditions of the Collocation Agreement within
twenty (20) years of the recording of the Deed ("Construction Deadline"); and

WHEREAS, County has been working diligently to commence the design, pennitting and
construction of the Bike Path on the Bike Path Property; however, due to funding priorities, the
County does not anticipate it will complete the construction of the Bike Path on the Bike Path
Property by the Construction Deadline; and

185 185
WHEREAS, County has requested, and CFX is agreeable to , extending the Construction
Deadline for an additional ten ( 10) years in accordance with the terms and conditions more
specifically provided herein.

NOW THEREFORE, for and in consideration of the premises hereof, the mutual
covenants herein contained and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference.

2. Grant of Extension. CFX and County hereby agree to extend the Construction
Deadline in the Deed and Collocation Agreement to January I 6, 2034. In no event shall CFX's
agreement to extend the Construction Deadline impact any other requirements, obligations, or
restrictions of the County more specifically set forth in the Deed or Collocation Agreement, and
County shall remain responsible for producing and submitting to CFX and FPC for review and
approval the construction plans for the Bike Path and any apputtenant improvements prior to the
commencement of construction on the Bike Path. Notwithstanding anything contained herein to
the contrary, in the event County fails to complete the construction of the Bike Path on or prior to
the extended Construction Deadline, CFX shall have the sole and absolute right to exercise its right
to require County to reconvey the Bike Path Property to CFX in accordance with the requirements
of the Deed and Collocation Agreement.

3. Compliance with all Legal Rules. County shall, at its sole expense, comply with
all present and future valid and applicable laws, ordinances, and regulations of the federal
government and its agencies, the State of Florida, and Orange County.

4. Notices. All notices, demands, approvals, requests, and other communication


required or petmitted hereunder shall be in writing and shall be deemed to be delivered and
received upon the earlier of (i) actual receipt; (ii) the next business day following its deposit with
a reputable overnight courier or (iii) the third (3 rd) day following its deposit in a regularly
maintained receptacle for the United States Mail, as registered or certified mail , return receipt
requested, postage fully prepaid, addressed to the addressee as its address is set forth below, or at
such other address as such addressee may have specified by notice delivered in accordance with
this paragraph and actually received by the addressee

CFX: Central Florida Expressway Authority


4974 ORL Tower Road
Orlando, Florida 32807
Attn: Executive Director
Telephone: (407) 690-5000
Facsimile: (407) 690-5011

With a copy to: Central Florida Expressway Authority


4974 ORL Tower Road
Orlando, Florida 32807
Attn: General Counsel
Telephone: (407) 690-5000

2
186 186
County: Orange County Real Estate Management Division
P.O. Box 1393
Orlando, Florida 32802-1393
Attn: Manager
Telephone: (407)836-7070
Facsimile: (407) 836-5969

With a copy to: Orange County Attorney's Office


P. 0. Box l393
Orlando, Florida 32802-1393
Telephone: (407) 836-7320
Facsimile: (407) 836-5888

5. Default. Except as otherwise set forth herein, in the event either of the Parties fails
to comply with or perform any of the conditions to be complied with or any of the covenants,
agreements or obligations to be performed by said part under the terms and provisions of this
Notice, the other party, in its sole discretion, and after thirty (30) days prior written notice and
opportunity to cure, shall be entitled to: (i) exercise any and all rights and remedies available to
said party at law and in equity, including, without limitation, the right of specific performance, or
(ii) terminate this Notice, whereupon the Notice shall be deemed null and void and of no further
force and effect, and no party hereto shall have any further rights, obligations or liability hereunder.
Upon any such termination, this Notice and all rights and obligations created hereunder shall be
deemed null and void and of no further force or effect.

6. Miscellaneous Provisions.

a. No Other Parties. This Notice is solely for the benefit of the Parties, and no
rights are intended, nor shall any rights accrue, to any third party unless expressly provided in this
Notice.

b. Binding Effect. This Notice shall be binding on the Parties, and upon all
entities operating for or on behalf of the Parties pursuant to this Notice. The provisions of this
Notice shall inure to the benefit of and be binding upon the parties hereto and their respective heirs,
administrators, executors, personal representatives, successors and assigns .

c. Governing Law; Venue. The Florida law shall govern the validity,
enforcement and interpretation of this Notice, and the Parties agree that venue for any action
arising hereunder shall lie in Orange County, Florida

d. Entire Agreement. This Notice constitutes the entire understanding and


agreement between the Parties and shall not be changed, altered, or modified, except by an
instrument in writing signed by the Parties.

e. Non-Waiver. The failure of any party to insist upon the other pa1ty's
compliance with its obligations under this Agreement in any one or more instances shall not
operate to release such other party from its duty to comply with such obligations in all other
instances.

3
187 187
f. Recording. County shall, at its sole cost and expense, cause this Notice to
be recorded in the Public Records of Orange County, Florida.

g. Amendments. The rights hereby granted, created and declared shall be


perpetual in duration and may not be changed, amended, modified, canceled or terminated other
than as expressly provided herein, except by an instrument in writing, executed by the then owners
of the benefited property and all mortgagees of any portion thereof.

h. Covenants Running with the Property. The easements, covenants,


agreements and conditions contained or expressed herein shall not be personal ( except as otherwise
expressly provided herein) but shall run with the land and shall be binding upon and inure to the
benefit of the owners of all portions of the benefited property and the casement area, their
mortgagees, any purchaser at a foreclosure sale, each of the successors and assigns of all such
parties, as well as the tenants, agents, licenses, guests and invitees of each of them.

i. Time_. Time is ofthc essence of this Notice.

j. Legal Construction and Headings. Wherever, under the terms and


provisions of this Notice, the time for performance falls upon a Saturday, Sunday, or Legal
Holiday, such time for performance shall be extended to the next business day. The headings
inserted at the beginning of each paragraph are for convenience only, and do not add to or subtract
from the meaning of the contents of each paragraph.

k. Severability. This Notice is intended to be performed in accordance with,


and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any
provision of this Notice or the application thereof to any person or circumstance shall, for any
reason and to any extent, be invalid or unenforceable, the remainder of this Notice and the
application of such provision to other persons or circumstances shall not be affected thereby but
rather shall be enforced to the greatest extent permitted by law.

I. Electronic Signatures and Counterparts. To facilitate execution, CFX and


Owner agree that this Notice may be executed and transmitted by electronic (including digital)
signature in compliance with Chapter 668, Florida Statutes, to the other Party and that the executed
electronic or digital shall be binding and enforceable as an original. This Notice may also be
executed in as many counterparts as may be required and it shall not be necessary that the signature
of, or on behalf of, each Party, or that the signatures of all persons required to bind any Party,
appear on each counterpart; it shall be sufficient that the signature of, or on behalf of, each Party,
or that the signatures of the persons required to bind any Party, appear on one or more of such
counterparts. All counterparts shall collectively constitute a single agreement.

m. Effect on Deed and Collocation Agreement. Except as modified herein, the


Deed and Collocation Agreement remain in full force and effect.

n. Effective Date. The effective date of this Notice shall be the date upon
which the CFX governing board has approved this Notice and the last of the Parties executes this
Notice ("Effective Date").

[SIGNATURE PAGES TO FOLLOW!

4 188 188
IN WITNESS WHEREOF, the Parties hereto have caused this Notice to be executed in
a manner and form sufficient to bind them on the date set forth herein below.

Signed, sealed, and delivered "CFX"


in the prese c&7of-. /.

CENTRAL FLORIDA EXPRESSWAY


AUTHO;-91' i/
~

Approved as to form and legality by legal


counsel to the Central Florida Expressway
Authority on this '/1c.day of S:-br-i-~~ ,
2022 for its exclusive use and reliance.

By: ~ o driguez
General Counsel

STATE OF FLORIDA )
COUNTY OF ORANGE )

The foregoing instrument was ackno}Yledged before me by means of [tl]~hysical


presence or [] online notarization on this,Q(~day of Oct~)ae__{, 2022, by Laura Kelley, as·
Executive Director of the Central Florida Expressway Authority, on behalf of the agency. She is
personally know to me OR produced n lo... as identification.

SO:>flJOS N"ION 1elipn9 nJ~! pepuog


cioi '9 Jaqwa~ON SOJJdx3
8CtlS£ DD# uo,ss,wwoo ""
3lffvVW1 OVOIH\fO \11~3H ,;~;•~:.~o~
0

S-1 189 189


"COUNTY"

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By: l~. ji?p;:rfio


( ,A Jerry L. Demings
f Orange County Mayor
Date: _ _ _S_e--'-p_te_m_be_r_13-'-,_20_2_2_ _ __

ATTEST: Phil Diamond, CPA, County


Comptroller, Clerk to the Board of County
Commissioners

By:
. Deputy Clerk

Print Name: September 13, 2022

S-2

190 190
omE BUSINESS DEVELOPMJ
400 E. Soulh Street, 2nd Floor • Rep]:
Office: 1407-836-73 17 • Fax: 407-836-f
E-Mail: Businessdevelopment@ocfl.ne
I. CONSENT AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
28
,2 .1393

C8rn*Y
GOVERNMENT
FLORIDA
MEMORANDUM

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THROUGH: Anne M. Kulikowski, Director ~VI~


Administrative Services Department

FROM: Sheena Ferguson, Manager ~ I, ,t

Busi~ess Development Division~ ~ •

DATE: January 11, 2023

SUBJECT: Consent Agenda Item for January 24, 2023


Reinstatement of PMA Consultants, L.L.C. as a certified M/WBE graduate
film

PMA Consultants, L.L.C. (PMA) is a Hispanic-owned consulting firm that provides


professional services in construction-related program and project management. This
company was initially certified through the County's M/WBE program in 1989 and they
were consistently recertified biannually through 2012. During this time, PMA progressed
to "graduate" status in the program as the firm grew to have a three-year averaged annual
company net worth greater than $2,300,000.00. For context, once a County certified
M/WBE firm graduates to "graduate" status, utilization of such firm only counts toward
the County's M/WBE Program's utilization goals in certain instances. In the case of
professional services awards, graduate film utilization counts toward the County's goals
for contract awards where the aggregate fees are greater than $500,000.

In 2012, PMA was denied recertification due to questions County staff had at the time.
PMA was granted an opportunity to appeal that recertification denial but failed to do so
within the appropriate timeframe. PMA has recently requested reinstatement of their
previous status as a ce1tified graduate M/WBE firm so that they may once again be
eligible to provide professional services for M/WBE graduate-eligible contracts.

Board action on this matter is being requested because: (1) PMA's administrative appeal
period lapsed and staff does not have authority to reconsider PMA's request that its
graduate status be reinstated; (2) the M/WBE Ordinance does not consider fim1s directly
applying for status as certified graduate IvVWBE firms, but instead expects them to apply
for the nom1al program and then "graduate" into graduate status; and (3) because PMA's
annual net worth exceeds the $2,300,000.00 limit for applying to the County' s M/WBE

191 191
Business Development Division
Agenda Item for January 24, 2023
Page2

program, it cannot apply for the normal County M/WBE · program and then be
"graduated".

Though PMA is in no manner entitled to reconsideration of their graduate status by the


County, after reviewing the County's archived files, staff found some uncertainty
regarding the County's basis for PMA's M/WBE status not being recertified at that time.
While such concerns might have been cleared up had PMA timely appealed the decision,
in the spirit of the County's underlying objectives of the M/WBE program, staff is
requesting the authority to reinstate PMA as a certified graduate M/WBE firm. Such
authority shall only be used should, upon review of PMA's application and supporting
documentation, staff find that PMA meets all applicable criteria to allow such
reinstatement. Specifically, that PMA meets the requirements that would have been
necessary for a previously certified M/WBE firm to remain in graduate status.

Please note, nothing in this action by the Board of County Commissioners should be
construed as guaranteeing reinstatement of certified graduate M/WBE firm status to
PMA, nor entitling PMA to reinstatement of such status. Any entitlement or right to
reconsideration PMA may have had was lost by PMA when it failed to timely appeal the
County's initial recertification denial.

ACTION REQUESTED: Approval to grant staff the authority to reinstate PMA


Consultants, L.L.C. (PMA) as a certified M/WBE
graduate firm should, upon receipt and review of an
acceptable application and all necessary supporting
documentation by PMA, staff find that PMA meets the
requirements that would have been necessary for a
previously certified M/WBE fir-m to remain in graduate
status.

cc: Byron Brooks, AICP, County Administrator


Carla Bell Johnson, AICP, Deputy County Admi,ustrator

192 192
I. CONSENT AGENDA
Interoffice Memorandum COMMUNITY AND FAMILY SERVICES
DEPARTMENT
1

December 22, 2022


GOVERNMENT
FLOR IDA
AGENDA ITEM

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THRU: Dr. Tracy Salem, Deputy Director


Community and Family Services Department

FROM: Sonya L. Hill, Manager


Head Start Division
Contact: Sandra Moore (407) 836-8913

SUBJECT: Consent Agenda Item - January 24, 2023


Florida Department of Children and Families
Applications for Licenses to Operate Child Care Facilities

The Head Start Division requests Board approval for renewal licenses between the
Florida Department of Children and Families and Orange County. These licenses will
allow the Head Start Program to provide comprehensive early childhood development
for preschool children and support to their families at the following Head Start
locations for the 2022-2023 school year. The licenses fees will be paid with Head
Start funds .

Center Name Expiration Date Fee


1. Pine Hills Head Start March 12, 2023 $100
2. Hal P. Marston Head Start March 16, 2023 $100
3. Bithlo Head Start March 23, 2023 $60
4. East Oranqe Head Start ' April 1, 2023 $100
5. Southwood Head Start April 30, 2023 $100
6 . John H. Bridqes Head Start May 7, 2023 $100
7. Callahan Head Start July 1, 2023 $ 62
8. Washinqton Shores Early Learninq Center July 6, 2023 $100

193 193
Consent Agenda Item - January 24, 2023
Florida Department of Children and Families Applications for Renewal Licenses to
Operate Child Care Facilities
Page 2

These are standard applications for licenses that are required by the Florida
Department of Children and Families for licensed child care facilities.

ACTION REQUESTED: Approval and execution of Florida Department of


Children and Families Applications for a License to
Operate a Child Care Facility at Pine Hills, Hal P.
Marston, Bithlo, East Orange, Southwood, John H.
Bridges, Callahan, and Washington Shores Early
Learning Center Head Start sites.

SLH/smm:jamh

194 194
-..:.~~·.. ·t1~.. :···' r.· .i ,f, r
tit¥ii
APPLICATION FOR A LICENSE
f
'.,

't:1·r:"·\......-
·.:._..
.
. ..
../..
TO OPERATE A CHILD CARE FACILITY
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
-.,..,.,._. ,,N', , .,:.·
\] ',<·. ; "" ' 1"
Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
,:, , ••,

Inst ructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not all sections apply . Incomplete applications will not be accepted. Please
contact the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this sec tion must be com pleted in its entirety)

Application Type □ Initial ~*Renewal □ Change of D Revision of


(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(including area code):
Pine Hills Head Start (407)249-6370 (407)254-9112
Street Address of Facility (physical address): City: County: Zip Code:
6408 Jen nin gs Road Orla ndo O range 328 18
Mailing Address of Facility, if different (include city and zip code):
2100 East Michigan Street, O rland o , FL 32806
E-Mail Address: FAX Number (including area code):
Tiffany. Brown @ocfl.net (407)836-8513
Is mis tac111ty located m or If yes, all household members must b_e identified, and Maximum
Capacity:
adjacent to the home of the □ Yes @No background screening completed. Please attach a list
owner/operator? of familv members with their names and dates of birth. 255
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
[!'!'AM ~AM ~AM [!I' AM ~AM □ AM □ AM
Opening
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM nPM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~ PM 6:00 ~PM 6:00 ~M 6:00 ~ PM 6:00 ~ PM nPM □ PM
Months of Operation: D School ~ 12 Months Oother:
Year Only
Program Designations:
D Faith Based ~Head Start D Urban Zone □ Public/Non-Public School □ vPK D School Readiness
Check all service options that apply:
Full Day Half Day Drop-In Night Care Before School After School Weekend
[it
□ □ □ ~ [it

Infant Care (0-1) Food Served Transportation

□ [it

Background screening of owners. operators. and directors who by definition are child care personnel is required by s. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308. F.S.
195 195
Page 2 of 6
CF-F SP 5017, PDF 05/2019 [65C-22 001(1)(a). F.A.C]
PART 2: OWNERSHIP TYPE (check one)
Complete Sections
D Individual Ownership - Not incorporated Individual Owner A and F
Complete Sections
D Corporation Corporation Documentation required
B and F
Complete Sections
D limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
D Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
~ Other Entity - Not Incorporated School Proqrams, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure , attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuqh SunB iz.orq).
Name of Corporation: Corporate and FEI N #:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
0Yes 0No subm itting an appl ication .
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: *Socia l Security Number:

Home Address: City: State: Zip Code:

Background screening of owners. operators, and directors who by definition are child care personnel is required bys. 402 .305( 2). F.S.
*Social security numbers are used for identification purposes wl1en performing the background screening required by ss. 402.305 and 402 .308 , F.S.
196 196
Page 3 o f 6
CF-FSP 5017, PDF 05/2019 [65C-22.001( 1)(a), FAC]
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for child care
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
registered agent Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for child care licensure, attach a current copy of
Certificate of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Compa ny: Company and FEIN#:

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes 0 No submitting an application .
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Agreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address) : City: State: Zip Code:

Telephone Number (including area code)

Partner #2 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY -NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities. )
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden, Last) :

Tiffany Price-Brown
Address of Entity (street address): City: State: Zip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code}:
(407)836-6590
Background screening of owners, operators, and directors who by definition are child care personnel is required bys 402 305( 2), F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S.
197 197
CF-FSP 5017, PDF 05/2019 [65C-22.001(1)(a}, FAC] Page 4 of 6
SECTION F: ON-SITE DIRECTOR INFORMATION - To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Tiffany Price-Brown
Date of Birth: *Social Security number:
07/21/1983
Home Address: City: State: Zip Code:
1535 1 Wh itetail Loop Mascotte FL 34753
Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:
(407)467-7666

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied , revoked, or suspended in any state or jurisdiction , been
the subject of a disciplinary action, or been fined while employed in a child care facility?
0Yes (i1' No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. T.B.
Initial
Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc. )
with any state agency in any capacity other than a driver's license?
0Yes ~ No If yes, where, what type of license, license number, and under what name?
Pine Hills Head Start, Certificate Number# C090 R0243

Pursuant to section 402.3054, F.S., ch ild enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this facility uti lizes a child enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities
conducted by the chi ld enrichment service provider.
The Health Insurance Portability and Accountability Act (HI PAA) requ ires that personally identifiable health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to
the public and to otherwise assure the privacy of such information. Your signature on this application indicates
that you agree to comply with the requirements of HI PAA by protecting the confidentiality of employee and
children's health records in your possession .
In accordance with s. 402 .319(3), F.S, each child care faci lity must annually submit an affidavit of compliance
with the provisions of s. 39.201 , F.S., regarding the requirements of a mandated reporter. By signing below , I,
Jerry L. Demings , Applicant of Pine Hills Head Start Child Care Facility ,
do hereby affirm that al l child care personnel are in compliance with s. 39.201, F.S.
Pursuant to section 435.05(3), F.S. , each employer must attest via signed attestation compliance with the provisions of
Chapter 435, F.S., regarding the statutory requirements for backg round screening. By signing below, I
Jerry L. Deminqs , Applicant of Pine Hills Head Start Child Care Facility , do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F.S.

Signature of Applicant Date


Background screening of owners. operators. and directors who by definition are child care personnel is required bys 402 .305( 2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S.

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Page 5 of 6
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

Go Back To Pa e 2.

Person comp Ietmg


• app icat1on if other than Owner or Or~anization's Designated Re presentative.
Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender. fdle.state. fl. us):
D ves 0 No

Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss 402 305 and 402.308. F .S.

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199 199
Page 6 of 6
. ... \i1.. :•.•, ,r; .' •:", tit¥il
/~I
---~-,:~
.-
.• ·
J
.

.
1.•·~
...
....
- •
APPLICATION FOR A LICENSE
TO OPERA TE A CHILD CARE FACILITY
-:-.~,..i ,., ,.,~•,"•' ,, :/·
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
1 1
.,ni ; ,u,,, Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
"'." '

Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please contact
the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)


Application Type □ Initial ~*Renewal □ Change of D Revision of
(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(including area code):
Hal P. Marston Head Start (954 )410-8512 (407)836-8455
Street Address of Facility (physical address): City: County: Zip Code:

3933 W.D. Judge Drive Orlando O range 32808


Mailing Address of Facility, if different (include city and zip code):

2100 East Michigan Street, Orlando, FL 32806


E-Mail Address: FAX Number (including area code):

Jene ii. Parker@ocfl.net (407)836-8440


Is this facility located In or If yes, all household members must be identified, and Maximum
adjacent to the home of the OYes @No background screening completed. Please attach a list Capacity:
owner/operator? of family members with their names and dates of birth. 130
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday

Opening
~AM ~AM ~AM [3AM (!!'AM □ AM □ AM
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM QPM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~PM 6:00 ~PM 6:00 ~M 6:00 ~PM 6:00 ~PM QPM QPM

Months of Operation : D School ~ 12 Months O ather:


Year Only
Program Designations:
D Faith Based [i1°Head Start D Urban Zone □ Public/Non-Public School □ VPK D School Readiness
Check all service options that apply:
Full Day Half Day Drop-In Night Care Before School After School Weekend
~ □ □ □ ~ [i2J

Infant Care (0-1) Food Served Transportation

□ [i1

Background screening of owners, operators, and directors who by definition are childcare personnel 1s required bys. 402 .305(2) . F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.306, F.S.
II .
.

200
CF-FSP 5017, PDF 05/2019 [65C-22.001(1)(a), F.A.C I Page2i p o
PART 2: OWNERSHIP TYPE (check one)
Complete Sections
0 Individual Ownership - Not incorporated Individual Owner
A and F
Complete Sections
D Corporation Corporation Documentation required
Band F
Complete Sections
D Limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
0 Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
~ Other Entity - Not Incorporated School Proqrams, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for childcare licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for childcare licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available through SunBiz.org).
Name of Corporation: Corporate and FEIN #:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
OYes O No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: I *Social Security Number:


Home Address: City: State: Zip Code:

Background screening of owners. operators, and directors w ho by definition are childcare personnel is required by s. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S.

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Page 3 of 6
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for child care
licensure, attach Articles ~f Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
reg istered agent. Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for childcare licensure, attach a current copy of Certificate
of Status/Certificate of Authorization from the Department of State (available through SunBiz.orQ) .
Name of Company: Company and FEIN # :

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes 0 No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Agreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: * Social Security number:

Home Add ress (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden), Last):

Date of Birth: * Social Security number:

Home Address (street address): City State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY-NOT INCORPORATED (Special Instructions: These are programs


operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities.)
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden, Last):

Jeneil Parker
Address of Entity (street address): City: State: Zip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code):
(407)8 36-6590
Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 .305(2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402 .305 and 402.308. F.S.

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Page 4 of6
SECTION F: ON-SITE DIRECTOR INFORMATION -To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Jeneil. Parker
Date of Birth: *Social Security number:
10/25/1976
Home Address: City: State: Zip Code:
14722 Kristenright Lane Orlando FL 32826
Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:
(954)410-8512

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a child care facility?
0 Yes ~No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. J.P.
Initial
Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc.)
with any state agency in any capacity other than a driver's license?
~Yes 0 No If yes, where, what type of license, license number, and under what name?
Hal P. Marston Head Start, Child Care License C09OR0089

Pursuant to section 402.3054, F.S., child enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this facil ity utilizes a child enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities conducted
by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (H IPAA) requires that personally identifiable health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to the
public and to otherwise assure the privacy of such information. Your signature on this application indicates that
you agree to comply with the requirements of HIPAA by protecting the confidentiality of employee and children's
health records in your possession.
In accordance withs. 402.319(3), F.S., each childcare faci lity must annually submit an affidavit of compliance with
the provisions of s. 39.201 , F.S ., regard ing the requirements of a mandated reporter. By signing below, I,
Jerry L. Demings . Applicant of Hal P. Marston Head Start Child Care Faci lity , do
hereby affirm that all child care personnel are in compliance withs. 39.201, F.S.
Pursuant to section 435.05(3), F.S., each employer must attest via signed attestation compliance with the provisions of Chapter
435, F.S., regarding the statutory requirements for background screening. By signing below, I
Jerry L.Demings , Applicant of Hal P. Marston Head Start Child Care Facility, do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F.S.

Signature of Applicant Date


Background screening of owners, operators, and directors who by definition are childcare personnel is required bys. 402 .305(2), F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss 402.305 and 402.308, F.S.

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Page 5 of 6
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

W'l=ffilllidW
Person completing application if other than Owner or Organization's Designated Representative.
Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Foiwarded to F iscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
{http ://offender. fdle. state. fl. us):
O Yes O No

Background screening of owners, operators, and directors who by definit ion are childcare personnel is required bys. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S.

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204 204
Page 6 of 6
APPLICATION FOR A LICENSE
TO OPERATE A CHILD CARE FACILITY
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
..,., i-<' " 11 " " ' : '
Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
·,si

Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please contact
the licensing agency if there are any questions relati ng to this applicatio n
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license re newal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)


Application Type O l nitial ~*Renewal □ Change of 0 Revisio n of
(Choose one): License Year: 2022-23 Owne rship Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(Including area code):
B ith lo H ead Start (407)383-5962 (407)254-1928
St reet_Address of Facility (physical address): City: County: Zip Code :

18501 Wash ingto n Avenue Orlando O ra n ge 32820


Mailing Address of Facility, if different (include city and zip code):

2100 East Michigan Street , Orlan do, FL 32806


E-Mail Address: FAX Number (including area code):

Teri . Watts@ocfl. net (407)836-1926


Is this tacI11ty located in or If yes, all household members must be identified, and Maximum
adjacent to the home of the O Yes @ No background screening completed. Please attach a list Capacity:
owner/ooerator? of fami ly members with their names and dates of birth . 100
Days and Ho urs of Operation - pleas e check AM o r PM as applicable:
0 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday

Opening
~AM [3AM [!jAM [3AM [!JAM □ AM □ AM
Time: 7:00 □ PM 7:00 0 PM 7:00 □ PM 7:00 □ PM 7:00 □ PM nPM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~M 6:00 ✓€MJ 6:00 v' ~ 6:00 VEM 6:00 v'EM □ PM □ PM
Months of Operation: D School ~ 12 Months Oother:
Year Only
Program Designations:
D Faith Based [i1°Head Start D u rban Zone □ Public/Non-Public School □ VPK D School Readiness

Check all service options that apply:


Full Day Half Day Drop-In Night Care Before School After School Weekend
~ □ □ □ ~ [i2t

Infant Care (0-1) Food Served Transportation

□ [ia

Background screening of owners, operators, and directors who by definition are childcare personnel is required bys. 402 .305(2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402. 305 and 402.308, F.S.

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Page 2 of 6
PART 2: OWNERSHIP TYPE (check one)
Complete Sections
D Individual Ownership - Not incorporated Individual Owner
A and F
Complete Sections
D Corporation Corporation Documentation required
Band F
Complete Sections
D Limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
D Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
~ Other Entity - Not Incorporated School Proarams, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for childcare licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENE.WAL applications for childcare licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuqh SunBiz.orq).
Name of Corporation: Corporate and FEIN#:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
0Yes 0 No submitting an application .
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

Background screening of owners. operators. and directors who by definition are childcare pe rsonnel is required bys. 402 .305(2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308. F.S.

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Page 3~p6
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for childcare
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephon e number of the corporation's
registered agent. Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for childcare licensure , attach a current copy of Certificate
of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Company: Company and FEIN #:

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes □ No subm itting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PARTNERSHIP-NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Aqreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden), Last):

Date ofBirth : *Social Security number:

Horne Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY-NOT INCORPORATED (Special Instructions: These are programs


operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities.)
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden, Last):

Teri Watts
Address of Entity (street address): City State: Zip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code):
(407)836-6590
Background screening of owners. operators, and directors who by definition are childcare personnel is required by s. 402 .305(2), F .S.
*Social security numbers are used For identification purposes when performing the background screening required by ss. 402.305 and 402.300, F S

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Page 4 of 6
SECTION F: ON-SITE DIRECTOR INFORMATION -To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Teri Watts
Date of Birth: *Social Security number:
11/10/1968
Home Address: City: State: Zip Code :

4170 Hemlock Lane Titusville FL 32780


Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:

(407)383-5962

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied , revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a childcare facility?
OYes (MNo If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perj ury. T.W.
Initial

Have you or anyone identified as a party to ownership ever held a license (childcare, foster care, cosmetology, etc.)
with any state agency in any capacity other than a driver's license?
~Yes O No If yes , where, what type of license, license number, and under what name?
Bithlo Head Start Certificate Number: C090R0200

Pursuant to section 402 .3054, F.S., child enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this facility utilizes a child enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly , and parents/guardians provide written consent before a child may participate in activities conducted
by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (HIPAA) requires that personally identifiab le health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to
the public and to otherwise assure the privacy of such information. Your signature on this application indicates
that you agree to comply with the requirements of HIPAA by protecting the confidentiality of employee and
children 's health records in your possession.
In accordance withs. 402.3 19(3), F.S., each childca re facility must annually submit an affidavit of compliance with
the provisions of s. 39.201 , F.S. , regarding the requirements of a mandated reporter. By sign ing below, I,
Jerry L. Demings , Applicant of Bithlo Head Start Child Care Facility, do
hereby affirm that all child care personnel are in compliance with s. 39.201, F.S.
Pursuant to section 435.05(3), F.S. , each employer must attest via signed attestation compliance with the provisions of
Chapter 435, F.S., regarding the statutory requirements for background screening. By signing below, I
Jerry L. Oemings , Applicant of Bithlo Head Start Ch ild Care Facility, do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F .S.

Signature of Applicant Date

Background screening of owners. operators, and directors who by definition are child care personnel is required bys. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss 402.305 and 402.308. F S.

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208 208
Page 5 of 6
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

Go Back To Pa e 2

e mg appr,caf 10n ·t
Person comp It" 1 0 th er than 0 wner or 0 rganrzaf ron 's Des1gnat e d Re presentative.
Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender.fdle. state.fl.us):
O Yes ONo

Background screening of owners, operators, and directors who by definition are childcare personnel is required tly s. 402 .305(2), F.S.
*Social security numtlers are used for identification purposes when performing the background screening required tly ss. 402 305 and 402.308, F.S

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Page 6 of6
tit¥11
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AP PUCATION FOR A UC ENSE
TO OPERATE A CHILD CARE FACILITY
·<,. . . -,. ,_ , , ,,,;,-:/''
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
·' ·
1
Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
•,f:. ;,_, ,, ,, .,, -, .,.,
Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety , as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please
contact the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of th is license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)


Application Type □ Initial ~*Renewal □ Change of D Revision of
(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as ii is to appear on license: Telephone Number Alternate Phone Number:
(including area code):
East Orange Head Start (407)489-4261 (407)254-9713
Street Address of Facility (physical address): City: County: Zip Code:

12050 East Colonial Drive Orlando Orange 32826


Mailing Address of Facility, if different (include city and zip code):

2100 East Michigan Street, Orlando, FL 32806


E-Mail Address: FAX Number (including area code):

Yira.Rodriguez@ocfl.net (407)836-2987
Is this tac111ty located in or If yes, all household members must be identified, and Maximum
adjacent to the home of the 0Yes @No background screening completed. Please attach a list Capacity:
owner/operator? of family members with their names and dates of birth. 174
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday

Opening
~ AM ~AM ~ AM ~AM ~AM □ AM □ AM
- □ PM -
7:00
Time: - - □ PM -7:00
7:00 - □ PM - □ PM
7:00
- - □ PM
7:00
- □ PM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~PM 6:00 0PM 6:00 ~M 6:00 ~PM 6:00 ~PM □ PM □ PM
Months of Operation: Dschool ~ 12 Months 00ther:
Year Only
Program Designations:
D Faith Based ~Head Start Durban Zone D Public/Non-Public School □ vPK D School Readiness

Check all service options that apply:


Full Day Half Day Drop-In Night Care Before School After School Weekend
~ □ □ □ ~ ~ □
Infant Care (0-1) Food Served Transportation

□ ~ □

Background screening of owners. operators. and directors who by definition me child care personnel is required by s. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S.

CF,FSP 5017, PDF 05/201 9 f65C-2 2.001(1)(a), F A C ]


210 210
Page 2 of 6
PART 2: OWNERSHIP TYPE (check one)
Complete Sections
D Individual Ownership - Not incorporated Individual Owner
A and F
Complete Sections
D Corporation Corporation Documentation required
B and F
Complete Sections
□ Limited Liability Company (LLC) LLC Documentation required
C and F
I
Complete Sections
D 'Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
[M Other Entity - Not Incorporated
School Proqrams, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth : * Social Security number:

Home Address: City State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure , attach
Articles of Incorporation , which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuqh SunBiz.orq).
Name of Corporation: Corporate and FEIN #:

Address of Corporation: Incorporate d in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
O Yes O No su bmitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: I Date of Birth: * Social Security Number:

Home Address: City: State: Zip Code:

Background screening of owners, operators, and directors who by definition are child care personnel is required by s 4 02 .305( 2), F.S.
*Social sec urity numbers are used for identification purposes w hen perform ing the background screening required by ss. 402.305 and 402.308, F.S

CF-FSP 5017, PDF 05/2019 (65C-22 001 (1)(a), F.A C.]


211 2 11
Page 3 of 6
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for child care
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
registered agent. Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for child care licensure, attach a current copy of
Certificate of Status/Certificate of Authorization from the DeJartment of State (available through SunBiz.orQ).
Name of Company: Company and FEIN #:

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes 0No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PART~ERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership AQreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden}, Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY - NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities.)
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden, Last):

Yira Rodriguez
Address of Entity (street address): City: State: Zip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code}:
(407)836-6590
Background screening of owner s, operators. and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing lhe background screening required by ss. 402.305 and 402.308. F.S.
212 212
Page 4 of 6
CF-FSP 5017, PDF 05/2019 l65C-22.001(1)(a), FAC.]
SECTION F: ON-SITE DIRECTOR INFORMATION -To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled ; or, (bl More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Yira Rodriguez
Date of Birth: *Social Security number:
03/12/1968
Home Address: City: State: Zip Code:

1225 Roma Court Orlando FL 32825


Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:

(407)489-4261

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a child care facility?
0Yes ~No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. Y.R.
Initial

Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc.)
with any state agency in any capacity other than a driver's license?
[BYes □ No If yes, where, what type of license, license number, and under what name?

East Orange Head Start Certificate Number: C09OR0207

Pursuant to section 402.3054, F.S., child enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this facility utilizes a child enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities
conducted by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (H IPAA) requires that personally identifiable health
info rmation must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to
the public and to otherwise assure the privacy of such information. Your signature on this application indicates
that you agree to comply with the requirements of HIPAA by protecting the confi dentiality of employee and
children's health records in your possession.
In accordance withs. 402.319(3), F.S., each child care facility must annually submit an affidavit of compliance
with the provisions of s. 39.201, F.S., regarding the requirements of a mandated reporter. By signing below, I,
Jerry L. Demings , Applicant of East O range Head Start Child Care Facility ,
do hereby affirm that all child care personnel are in compliance with s. 39.20 1, F.S .
Pursuant to section 435.05(3), F S., each employer must attest via sig ned attestation compliance with the provisions of
Chapter 435, F.S., regarding the statutory requirements for background screening. By signing below, I
Jerry L. Demings , Applicant of East Orange Head Start Child Care Facility, do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F.S.

Signature of Applicant Dale

Background screening of owners, operators, and directors who by definition are child care personnel is required bys 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.300, F.S.
213 213
Page 5 ol 6
CF-FSP 5017, PDF 05/2019 [65C-22.001(1)(a). FAC.]
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act" Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Desig nated Representative Date

Go Back To Pa e 2

Person completing application if other than Owner or Organization's Designated Representative.


Name {please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http ://offender. fdle.state. fl. us):
0Yes 0No

Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
*Social security numbers are used for identirication purposes when performing the background screening required by ss. 402.305 and 402.308, F S.

CF-FSP 5017, PDF 05/2019 (65C-22.001(1)(a). FAC.j


214 214
Page 6 of6
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APPLICATION FOR A LICENSE
TO OPERATE A CHILD CARE FACILITY
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
1
" ·-\C' 1' ll ,, :, ,,., Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
.w,
Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please contact
the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ON LY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)


Application Type O lnitial ~*Renewal □ Change of D Revision of
(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(including area code}:
Southwood Head S tart (407)923-7750 (407)254-6768
Street Address of Facility (physical address): City: County: Z ip Code:

6225 Brookgreen Avenue Orlando Orange 32809


Mailing Address of Facility, if d ifferent (include city and zip code):

2100 East Michigan Street, Orlando, FL 32806


E-Mail Address: FAX Number (including area code):

Vivian .Jones-Burton@ocfl.net (407)836-1934


Is this tac11tty located in or If yes, all household members must be identified, and Maximum
adjacent to the home of the 0 Yes @No background screening completed. Please attach a list Capacity:
owner/operator? of family members with their names and dates of birth. 127
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wed nesday Thursday Friday Saturday Sunday

Opening
[!!'AM (3AM [!j'AM ~AM [!j' AM □ AM □ AM
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM □ PM □ PM
Closing □ AM □ AM □ AM 0AM □ AM □ AM □ AM
Time: 6:00 ~ PM 6:00 0PM 6:00 0:>M 6:00 ~ PM 6:00 ~ PM 0PM □ PM
Months of Operation: 0 School [B 12 Months Oother:
Year Only
Program Designations:
D Faith Based !i'.f Head Start D Urban Zone □ Public/Non-Public School □ vPK D School Readiness
Check all service options that apply:
Full Day Half Day Drop-In Night Care Before School After School Weekend
[ia'
□ □ □ Cia' [i1

Infant Care (0- 1) Food Served Transportation

□ Cia' □

Background screening of owners, operators, and directors who by definition are childcare personnel is required by s. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F .S.

CF-FSP 5017, PDF 05/2019 [65C-22 001(1)(a), FAG I


215 215
Page 2 of 6
PART 2: OWNERSHIP TYPE (check one)

D Individual Ownership - Not incorporated Individual Owner


Complete
A and F
Sections

D Corporation Corporation Documentation required


Complete
B and F
Sections

D Limited Liability Company (LLC) LLC Documentation required


Complete
C and F
Sections

D Partnership - Not Incorporated Partnership Documentation required


Complete
D and F
Sections

e.g., School Board, Local Government, Before & After Complete Sections
~ Other Entity - Not Incorporated
School Programs, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuqh SunBiz .orq).
Name of Corporation : Corporate and FEIN#:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
OYes 0No submitting an app lication .
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

Background screening of owners, operators, and directors who by definition are childcare personnel is required bys. 402 305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308. F.S.

CF-FSP 5017, PDF 0512019 [65C-22 001(1)(a), FA.CJ


216 2 16
Page 3 of 6
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for childcare
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company . Also attach the name and telephone number of the corporation's
registered agent. Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for childcare licensure, attach a current copy of Certificate
of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Company: Company and FEIN # :

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes 0No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Agreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden). Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY - NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities.)
Name of Entity:

Orange County, Florida


Entity's Desig nated Representative (First, Middle and/ or Maiden, Last):

Vivian Jones-Burton
Address of Entity (street address): City: State: Zip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code):
(407)836-6590
Background screening of owners. operators, and directors who by definition are childcare personnel is required bys. 402 305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402 308. F.S

CF-FSP 5017. PDF 05/2019 [65C-22.001 (1 )(a), F.A.C.)


217 217
Page 4 of 6
SECTION F: ON-SITE DIRECTOR INFORMATION -To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
numl;>er of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Vivian Jones-Burton
Date of Birth: *Social Security number:
12/16/1963
Home Address: City: State : Zip Code:
14 7 420 Eaton Street Eatonville FL 32751
Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:
( 407)923-7750

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a child care facility?
0Yes ~No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. V.B.
Initial

Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc. )
with any state agency in any capacity other than a driver's license?
~Yes □ No If yes, where, what type of license, license number, and under what name?
Southwood Head Start, Child Care License C090R0251

Pursuant to section 402.3054, F.S., child enrichment service providers shall be of good moral character based
upon screening , using level 2 standards in Chapter 435, F.S. If this facility utilizes a ch ild enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities conducted
by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (H IPAA) requires that personally identifiable health
information must be protected from disclosure and maintained in a manner to preven t inadvertent d isclosure to
the public and to otherwise assure the privacy of such information. Your signature o n this application indicates
that you agree to comply with the requirements of HIPAA by protecting the confidentiality of employee and
children 's health records in your possession .
In accordance withs. 402.319(3) , F.S., each childcare facility must annually submit an affidavit of compliance with
the provisions of s. 39.201, F.S , regarding the requirements of a mandated reporter. By signing be low, I,
Jerry L. Demings , Applicant of Southwood Head Start Child Care Facility , do
hereby affirm that all child care personnel are in compliance with s. 39 .20 1, F.S.
Pursuant to section 435.05(3), F S , each employer must attest via signed attestation compliance with the provisions of
Chapter 435, F.S., regarding the statutory requirements for background screening. By signing below, I
Jerry L. Demings , Applicant of Southwood Head Start Child Care Faci lity, do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of C hapter 435, F.S.

Signature of A pplicant Date

Background screening of ow ners. operators. and directors who by dennition are childcare personnel is required bys. 402 .305(2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308 . F.S

CF-FSP 5017, PDF 05/2019 [65C-22.001(1)(a), F.A.C I 218


Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Des ignated Representative Date

Go Back To Pa e 2

Person completing application if other than Owner or Organization ' s Des1gnate d Re presentative.
Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender.fdle.state.fl.us):
0Yes 0 No

Background screening of owners, operators, and directors who by definition are childcare personnel Is required bys. 402 305(2), F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F. S.
219
CF-FSP 5017, PDF 05/2019 [65C-22.D01(1)(a), F.A.C.)
tit¥il
APPLICATION FOR A LICENSE
TO OPERATE A CHILD CARE FACILITY
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
1
·'· •• f :. Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
ru•, 11 ll ' ' ·, '•"
Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not al l sections apply. Incomplete applications will not be accepted . Please contact
the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sa,nction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this s ection must be completed in it s entirety)


Application Type O ln itial ~*Renewal □ Change of D Revision of
(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(including area code):
J oh n H. Bridges Head Start (407)923-4033 (407)254-9421
Street Address of Facility (physical address): City: County: Z ip Code:

445 West 13th Street A popka Orange 32703


Mailing Address of Facility, if different (include city and zip code):

21 00 East Mic hig a n Street, O rlando , FL 32806


E-Mail A ddress: FAX Number (including area code):

W ilna.Francois@o cfl. net (407)836-1929


Is this tacIIIty located rn or If yes, all household members must be identified, and Maximum
adjacent to the home of the 0Yes @ N o background screen ing completed. Please attach a list Capacity:
owner/operator? of family members with their names and dates of birth. 166
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
(!'I' AM [3AM (!1'AM ~AM [3AM □ AM □ AM
Opening
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM □ PM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~ PM 6:00 ~PM 6:00 ~M 6:00 ~PM 6:00 ~PM Q PM Q PM

Months of Operation: D School ~ 12 Months O o ther:


Year Only
Program Designations:
D Faith Based ~Head Start D urban Zone □ Public/Non-Public School □ vPK D School Readiness

Check all service options that apply:


Full Day Half Day Drop-In Night Care Before School After School Weekend
~ □ □ □ ~ ~ □
Infant Care (0-1 ) Food Served Transportation

□ u6 □

Background screening of owners. operators. and directors who by definition are child care personnel is required by s 402 305( 2) . F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F .S

CF-FSP 5017, PDF 05/2019 [65C-22.001(1)(a), FAC ]


220
Page2~ i
0
PART 2: OWNERSHIP TYPE (check one)

D Individual Ownership - Not incorporated Individua l Owner


Complete Sections
A and F
0 Corporation Corporation Documentation required
Complete Sections
Band F
Complete Sections
0 Limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
0 Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
D other Entity - Not Incorporated School Programs, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP- NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code}:

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available through SunBiz.org).
Name of Corporation: Corporate and FEIN #:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
OYes 0 No submitting an app lication.
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F S .

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Page 3 of 6
SECTION C : LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for ch ild care
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
registered agent. Failure to continuously maintain a registered office and/or reg istered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for child care licensure, attach a current copy of
Certificate of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Company: Company and FEIN#:

Address of Company: Organized in which State?

If out-of-state, is the company registered in the State of Florida?


If no, please register prior to
0Yes 0No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: *Social Security Number:

Home Address: City: State: Zip Code:

SECTION D: PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership AQreement annually . Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E : OTHER ENTITY - NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities. )
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden, Last):

Address of Entity (street address) : City: State: Z ip Code:

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code):
(407)836-6590
Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 .305( 2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402 308, F.S.

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Page 4 of 6
SECTION F: ON-SITE DIRECTOR INFORMATION - To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Wilna Francois
Date of Birth: *Social Security number:
06/20/1967
Home Address: City: State: Zip Code:

586 Home Grove Drive Winter Garden FL 34787


Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:

(407)923-4033

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction , been
the subject of a disciplinary action, or been fined while employed in a child care facility?
O Yes [iii' No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. W.F.
Initial

Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc.)
with any state agency in any capacity other than a driver's license?
OYes ~No If yes, where, what type of license, license number, and under what name?
John H. Bridges Head Start, Certificate Number# C090R0297

Pursuant to section 402 .3054, F.S., child enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this facility utilizes a child enrichment serv ice
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities
conducted by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (HIPAA) requires that personally identifiable health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to
the public and to otherwise assure the privacy of such informatio n. Your signature on this application indicates
that you agree to comply with the requirements of HI PAA by protec ting the confidentiality of employee and
children's health records in your possession.
In accordance withs. 4 02. 31 9( 3) , F.S. , each child care facility must annua lly submit an affidavit of co mpliance
with the provisions of s. 39. 201, F.S. , regarding the requi rements of a mandated reporter. By signing be low, I,
Jerry L. Demings , Applicant of John H. Bridges Head Start Child Care Facility,
do hereby affirm that all c hild care personnel are in compliance with s. 39.201 , F.S.
Pursuant to section 435.05(3), F. S., each employer must attest via signed attestation compliance with the provisio ns of
Chapter 435, F.S , regarding the statutory requirements fo r background screening . By signing below, I
Jerry L. Demings , Applicant of John H. Bridges Head Start Child Care Facility , do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F.S.

Signature of A pplicant Date

Background screening of owners, operators, and directors who by dertnition are child care personnel is required bys. 402 .305( 2), F.S
* Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S

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Page 5 of 6
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

Go Back To Pa e 2

Person completing application if other than Owner or Organization's Designated Representative.


Name (please print):

Tille/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office :

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender.fdle.state.fl. us):
Oves 0No

Background screening of owners, operators. and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
* Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308. F.S.

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Page 6 of 6
., ... •~;•_ :·~~ f( r 'l,,,. fit¥11

(jt) PLEAS:~~:a~~~:: ~:~!: :L: ~!L~::CK INK


11 1
Press space bar {or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
· ·· , '· ' " 1l1t,, '•!,,
Instructions: All information on this application must be truthful and correct. Complete this application in its·
entirety , as appropriate. Not all sections apply. Incomplete applications will not be accepted. Please contact
the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application, there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)

Application Type □ Initial ~*Renewal □ Change of D Revision of


(choose one): License Year: 2022-23 Ownership Existing License
Name of F acility as it is to appear on license: Te lephone Number A lternate Ph one Number:
(including area code):
Callahan Head Start (321 )442-5181 (407)254-1928
Street Address of F acility (phy sical address): City: County: Z ip Code:

101 North Parramore Street Orlando Orange 32805


Mailing Address of Facility, if d ifferent (include city and zip c ode):

2100 East Michigan Street, Orlando, FL 32806


E-M ail Address: .. FAX Number (including area code):

Toinett.Stenson@ocfl.net (407)836-2877
Is mis facility located in or If yes, all household members must be identified, and Maximum
adjacent to the home of the □ Yes @No background screening completed. Please attach a list Capacity:
owner/operator? of family members with their names and dates of birth. 62
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday

Opening
[!'.('AM ~AM [!'.(' AM ~AM ~AM □ AM □ AM
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM QPM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6:00 ~PM 6:00 0PM 6:00 ~M 6:00 ~ PM 6:00 ~ PM □ PM □ PM
Months of Operation: D School ~ 12 Months Oother:
Year Only
Program Designations:
D Faith Based [i2f Head Start D Urban Zone D Public/Non-Pu blic School □ vPK D School Readiness
Check all service options that apply:
Full Day Half Day Drop-In Night Care Before School After School Weekend
[i2t
□ □ □ Cia' [i2t

Infant Care {0- 1) Food Served Transportation

□ [i1

Background screening of owners, operators, and directors who by definition are child care personnel 1s required by s. 402 .305(2), F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F S
225
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PART 2: OWNERSHIP TYPE (check one)
Complete Sections
D Individual Ownership - Not incorporated Individual Owner
A and F
Complete Sections
D Corporation Corporation Documentation required
Band F
Complete Sections
□ Limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
D Partnership - Not Incorporated Partnership Documentation required
D and F
e.g., School Board, Local Government, Before & After Complete Sections
[:i1' Other Entity - Not Incorporated School Programs, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP - NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code:

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuqh SunBiz.orq).
Name of Corporation: Corporate and FEIN#:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporation registered in the State of Florida?


If no, please register prior to
0Yes 0 No submitting an application.
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: IDate of Birth: *Social Security Number:

Horne Address: City: State: Zip Code:

Background screening of owners, operators. and directors who by definition are child care personnel is required bys. 402 .305(2). F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 102.308, F.S.
226
CF-FSP 5017, PDF 05/2019 (6SC -22.001(1)(a). FAC I
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for child care
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
reg istered agent. Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for child care licensure, attach a current copy of
Certificate of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Company: Company and FEIN # :

Address of Company: Organized in which State?

If out-of-state, is the company registered in the Stale of Florida?


If no, please register prior to
0 Yes 10 No submitting an application.
City: State: Zip Code: Telephone Number (including area code) :

Designated Company Representative: Date of Birth : * Social Security Number:

Horne Address: City: State: Zip Code:

SECTION D: PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Agreement annually. Attach additional sheets as applicable if more than two partners. )
Partner #1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Horne Address (street address): City: State: Zip Code:

Telephone Number (including area code):

Partner #2 (First, Middle (Maiden), Last):

Date of Birth: *Social Secu rity number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY- NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated entities. )
Name of Entity:

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Maiden. Last):

T oinett Stenson
Address of Entity (street address): City: State: Zip Code :

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (including area code) :
(407)836-6590
Background screening of owners. operators, and directors who by definition are child care personnel is required bys. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing tne background screening required by ss 402 305 and 402 308 . F S

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Page 4~?-7
SECTION F: ON-SITE DIRECTOR INFORMATION -To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Multi-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, Middle and/or Maiden, Last):
Toinett Stenson
Date of Birth: *Social Security number:
02/11/1971
Home Address: City: State: Zip Code:

2633 Breezewind Drive Orlando FL 32839


Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:
(321 )442-5181

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a childcare facility?
0Yes ~No If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. T.S.
Initial

Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology, etc.)
with any state agency in any capacity other than a driver's license?
~Yes □ No If yes, where, what type of license, license number, and under what name?
Callahan Head Start Certificate Number: C09OR0089

Pursuant to section 402.3054, F.S. , child enrichment service providers shall be of good moral character based
upon screening , using level 2 standards in Chapter 435, F.S. If this facility utilizes a child enrichment service
provider, it is the responsibility of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities conducted
by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (HIPAA) requires that personally identifiable health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to the
public and to otherwise assure the privacy of such information. Your signature on this application indicates that
you agree to comply w ith the requirements of HIPAA by protecting the confidentiality of employee and children's
health records in your possession .
In accordance withs. 402.319(3), F.S., each childcare faci lity must annually submit an affidavit of compliance with
the provisions of s. 39.201 , F.S., regarding the requirements of a mandated reporter. By signing below , I,
Jerry L. Demings , Applicant of Callahan Head Start Child Care Facility, do
hereby affirm that all child care personnel are in compliance with s. 39.201, F.S.
Pursuant to section 435 05(3), F.S. , each employer must attest via signed attestation compliance with the provisions of Chapter
435, F.S. , regarding the statutory requirements for background screening. By signing below, I
Jerry L. Demings , Applicant of Callahan Head Start Child Care Facility, do hereby
attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter 435, F.S.

Signature of Applicant Date

Background screening of owners, operators. and directors who by definition are childcare personnel is required bys. 402 .305(2). F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss 402 305 and 402.308. F.S.

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228 228
Page 5 of 6
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act." Your signature on this application indicates
acknowledgement of receipt of such information.

Falsification of application information is grounds for denial or revocation of the license to operate a childcare
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

Go Back To Pa e 2

Person completing application if other than Owner or Organization's Designated Representative.


Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Address Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender. fdle.state .fl. us):
0Yes 0No

Background screening of owners, operators, and directors who by definition are child care personnel 1s required bys. 402 305(2). F.S
*Social security numbers are used for identification purposes when performing the background screening required by ss 402.305 and 402.308, F .S.
229
CF-FSP 5017, PDF 05/2019 [65C-22.D01( 1)(a). FAC I
Ot¥ii

·1r:~
/ ~·- \; ···.•~. 'f, ·-~~
- . APPLICATION FOR A LICENSE
.
,..
:· .,.,
- --.
J
.- -
'

. ...
- • TO OPERATE A CHILD CARE FACILITY
"\:..J,•.- \•,~~'-=-
PLEASE TYPE OR PRINT LEGIBLY USING BLUE OR BLACK INK
' ;.•. \. !•! \"•
1111
i.-i·,1< ; " ' Press space bar (or left mouse click) to check a box; press space bar (or left mouse click) to uncheck a box.
' ,, •.,,.,

Instructions: All information on this application must be truthful and correct. Complete this application in its
entirety, as appropriate. Not all sections apply. Incomplete applications will not be accepted . Please
contact the licensing agency if there are any questions relating to this application
FOR LICENSE RENEWALS ONLY: Renewal of this license is contingent upon the payment of any fines
previously imposed as a sanction against this license that were not contested, or that were affirmed at an
administrative hearing. If, at the time of this license renewal application , there is a pending administrative
hearing resulting from a proposed fine, it shall not affect the renewal of this license.

PART 1: PROGRAM INFORMATION (this section must be completed in its entirety)


Application Type □ Initial ~ *Renewal □ Change of D Revision of
(choose one): License Year: 2022-23 Ownership Existing License
Name of Facility as it is to appear on license: Telephone Number Alternate Phone Number:
(includ ing area code):
Washington Shores Early Learning Center Head Start (321 )895-0270 (407)250-6260
Street Address of Facility (physical address): City: County: Zip Code:
2500 Bruton Boulevard Orlando Orange 32811
Mailing Address of Facility, if different (include city and zip code):

2100 East Michigan Street, Orlando, FL 32806


E-Mail Address: FAX Number (including area code):
Aturia. Hall@ocfl.net (407)836-1926
Is this tac111ty located in or If yes, all household members must be identified, and Maximum
adjacent to the home of the 0 Yes @No background screening completed. Please attach a list Capacity:
owner/ooerator? of family members with their names and dates of birth. 100
Days and Hours of Operation - please check AM or PM as applicable:
D 24 Hour Care
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Opening
~AM ~AM ~AM ~AM [!j'AM □ AM □ AM
Time: 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM 7:00 □ PM □ PM □ PM
Closing □ AM □ AM □ AM □ AM □ AM □ AM □ AM
Time: 6 :00 ~PM 6:00 0PM 6:00 ~M 6:00 ~PM 6:00 ~PM nPM □ PM
Months of Operation: D School @1 2 Months Oother:
Year Only
Program Designations:
D Faith Based [i1'Head Start Durban Zone □ Public/Non-Public School □ vPK D School Readiness

Check all service options that apply:


Full Day Half Day Drop-In Night Care Before School After School Weekend
~ □ □ □ ~ ~ □
Infant Care (0-1} Food Served Transportation

□ ~ □

Background screening of owners, operators. and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308. F S

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Page 2 of 6
PART 2: OWNERSHIP TYPE (check one)
Complete Sections
D Individual Ownership - Not incorporated Individual Owner A and F
Complete Sections
D Corporation Corporation Documentation required
Band F
Complete Sections
□ Limited Liability Company (LLC) LLC Documentation required
C and F
Complete Sections
D Partnership - Not Incorporated Partnership Documentation required
D and F
e.g. , School Board, Local Government, Before & After Complete Sections
~ Other Entity - Not Incorporated School Programs, Parks and Recreation, Faith Based E and F

SECTION A: INDIVIDUAL OWNERSHIP- NOT INCORPORATED (Special Instructions: One owner)


Name (First, Middle and/or Maiden, Last):

Date of Birth: *Social Security number:

Home Address: City: State: Zip Code

Telephone Number (including area code):

SECTION B: CORPORATION (Special Instructions: Upon initial application for child care licensure, attach
Articles of Incorporation, which must include the names, the title/office, address, and telephone number for each
member of the Board of Directors. Also attach the name and telephone number of the corporation's registered agent.
Failure to continuously maintain a registered office and/or registered agent in Florida is grounds for revocation of this
license. For RENEWAL applications for child care licensure, attach a current copy of Certificate of Status/Certificate
of Authorization from the Department of State (available throuQh SunBiz.orQ).
Name of Corporation: Corporate and FEIN #:

Address of Corporation: Incorporated in which State?

If out-of-state, is the corporatio n registered in the State of Florida?


If no. please register prior to
0 Yes 0 No subm itting an application .
City: State: Zip Code: Telephone Number (including area code):

Designated Corporate Representative: Date of Birth: *Social Security Number:

Horne Address: City: State: Zip Code:

Background screening of owners, operators, and directors who by definition are child care personnel is required by s. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss. 402.305 and 402.308, F.S .

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Page 3 of 6
SECTION C: LIMITED LIABILITY COMPANY (Special Instructions: Upon initial application for child care
licensure, attach Articles of Organization, which must include the names, the title/office, address, and telephone
number for each member of the Company. Also attach the name and telephone number of the corporation's
registered agent . Failure to continuously maintain a registered office and/or registered agent in Florida is grounds
for revocation of this license. For RENEWAL applications for child care licensure, attach a current copy of
Certificate of Status/Certificate of Authorization from the Department of State (available through SunBiz.org).
Name of Company: Company and FEIN # :

Address of Company: Organized in which State?

If o ut-of-sta te , is the company registered in the State of Florida?


If no, please register prior to
0Yes 0 No subm itting an application .
City: State: Zip Code: Telephone Number (including area code):

Designated Company Representative: Date of Birth: * Social Security Number:

Home Address: City : State: Zip Code:

SECTION 0 : PARTNERSHIP - NOT INCORPORATED (Special Instructions: Attach a copy of the


Partnership Agreement annually . Attach additional sheets as applicable if more than two partners. )
Partner # 1 (First, Middle (Maiden), Last):

Date of Birth: *Social Security number:

Home Address (street address): City: State: Zip Code:

Telephone Number (including area code) :

Partner #2 (First, Middle (Maiden), Last):

Date of Birth: * Social Security number:

Home Address (street address): City : State: Zip Code:

Telephone Number (including area code):

SECTION E: OTHER ENTITY - NOT INCORPORATED (Special Instructions: These are programs
operated by School Boards or city/county municipalities, before and after school programs, faith -based programs
and other non-incorporated. entities.)
Name of Entity :

Orange County, Florida


Entity's Designated Representative (First, Middle and/ or Ma iden , Last):

Aturia D. Hall
Address of Entity (street address): City: State: Zip Code

201 South Rosalind Avenue Orlando FL 32801


Telephone Number (inc luding a rea code):
(407)836-6590
Background screening of owners, operators, and directors who by definition are child care personnel is required by s. 402 .305( 2), F.S.
* Social security numbers are used for identification purposes when pe rforming the background screening required by ss. 402.305 and 402.308, F .S.

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232 232
Page 4 of 6
SECTION F: ON-SITE DIRECTOR INFORMATION - To be completed by all applicants (Special Instructions:
An On-site Director holds a Director Credential, is responsible for the day-to-day operation of the facility and is required
to be on-site for the majority of operating hours. A Mu lti-Site Director holds a Director Credential and supervises
multiple before-school and after-school programs for a single organization as follows: (a) Three sites regardless of the
number of children enrolled; or, (b) More than three sites if the combined number of children does not exceed 350.)
Name (First, M iddle and/or Maiden, Last):
Aturia D. Hall
Date of Birth:
* Social Security number:
12/1/1974
Home Address: City: State: Zip Code:
481 3 Skeena Street Orlando FL 32819
Cell Phone Number (including area code): If applicable, name of Multi-Site Programs and enrollment:
(32 1)895-0270

PART 3: ATTESTATION (To be completed by all applicants)


Has the owner, applicant, or director ever had a license denied, revoked, or suspended in any state or jurisdiction, been
the subject of a disciplinary action, or been fined while employed in a child care facility?
0Yes (MNo If yes, please explain (attach additional sheet(s) if necessary):

I hereby attest that the information contained in this section is truthful and correct under penalty of perjury. A.H.
Initial

Have you or anyone identified as a party to ownership ever held a license (child care, foster care, cosmetology , etc. )
with any state agency in any capacity other than a driver's license?
~Yes 0 No If yes, where, what type of license, license number, and under what name?
Washington Shores Early Learning Center Head Start Certificate Number: C09OR1205

Pursuant to section 402.3054 , F.S , child enrichment service providers shall be of good moral character based
upon screening, using level 2 standards in Chapter 435, F.S. If this faci lity utilizes a child enrichment service
provider, it is the responsibil ity of the director to ensure that the child enrichment service provider is screened
accordingly, and parents/guardians provide written consent before a child may participate in activities
conducted by the child enrichment service provider.
The Health Insurance Portability and Accountability Act (HIPAA) requires that personally identifiable health
information must be protected from disclosure and maintained in a manner to prevent inadvertent disclosure to
the public and to otherwise assure the privacy of such information . Your signature on this application indicates
that you agree to comply with the requ irements of HIPAA by protecting the confidentiality of employee and
children's health records in your possession.
In accordance withs. 402.3 19(3), F.S., each child care facility must annually submit an affi davit of complianc e
with the provisions of s. 39 .201 , F.S., regarding the requirements of a mandated reporter. By signing below, I,
Jerry L. Demings , Applicant of Washington Shores Early Learning Center Child Care Facility ,
do hereby affirm that all child care personnel are in compliance with s. 39.201 , F.S .
Pursuant to section 435 .05(3), F.S. , each employer must attest via signed attestation compliance with the provisions of
Chapter 435, F.S , regarding the statutory requirements for background screening. By signing below, I
Jerry L. Demings , Applicant of Washington Shores Early Learning Center Child Care Facility , do
hereby attest under penalty of perjury that all child care personnel are in compliance with the provisions of Chapter

Signature of A pplicant Date

Bac kground screening of owners, operators, and directors who by definition are c hild care personnel is required by s. 402 .305( 2), F.S.
*Social security numbers are used fo r identification purposes when performing the background screening required by ss 402.305 and 402.308, F.S.

CF-FSP 5017, PD F 0512019 [65C-22 001(1)(a), F.A.C ]


233
Page 5 of 6
233
Pursuant to s. 39.604, F.S., each provider must acknowledge receipt of the reporting requirements and
educational stability provisions of the "Rilya Wilson Act. " Your signature on this application indicates
acknowledgement of rece ipt of such information.

Falsification of ap plication information is grounds for denial or revocation of the license to operate a child care
facility. Your signature on this application indicates your understanding and compliance with this law.

Signature of Owner or Organization's Designated Representative Date

Go Back To Pa e 2

· Person compIefmg appr1caf10n 1 . f 10n 's Des1qnat e d Re presentative.


·t 0 th er than 0 wner or 0 rqamza
Name (please print):

Title/Position/Relationship to the Owner:

Telephone Number, including area code:

Do Not Write Below this Line - Official Use Only

Date Fee Received: Amount: Check Number: Received by Signature/Initials: Date Fee Forwarded to Fiscal Office:

Sexual Offender Add ress Cross-Reference Date of Search: Conducted by Signature/Initials: Exact Address Match:
(http://offender.fdle.state.fl. us):
0 Yes 0 No

Background screening of owners, operators, and directors who by definition are child care personnel is required bys. 402 .305( 2), F.S.
*Social security numbers are used for identification purposes when performing the background screening required by ss 402.305 and 402 308. F. S

CF-FSP 5017, PDF 05/2019 [65C-22.001 (1)(a), FAC.j


234 234
Page 6 of 6
I. CONSENT AGENDA
Interoffice Memorandum COMMUNITY AND FAMILY SERVICES
DEPARTMENT
2

C
GO NT December 22, 2022
F LORIDA

AGENDA ITEM

TO: Mayor Jerry L. Demings


-AND-
County Commissioners o JUD
THRU: Dr. Tracy Salem, Deputy Director c}Yv-
Community and Family Services Department

FROM: Sonya L. Hill, Manager


Head Start Division
Contact: Sandra Moore, (407) 836-8913
Sonya L. Hill, (407) 836-7409

SUBJECT: Consent Agenda Item - January 24, 2023


Filing of Head Start Policy Council Program Information and Updates
for the Official County Record

The Head Start Division requests filing of the program information and updates for the
official county record:

Head Start Policy Council Program Information and Updates December 2022
Head Start Policy Council Meeting Minutes November 17, 2022

ACTION REQUESTED: Receipt and filing of Head Start Policy Council Program
Information and Updates December 2022 and Head Start
Policy Council Meeting Minutes November 17, 2022 for
the official county record.

SLH/sm

Attachment

235 235
OC~YE
OUNT
Orange County Government
GOVERNMENT
II f (\ I~ I 1\

Dr. Tracy Salem, Deputy Director


,'\

HEAD START Sonya L. Hill, Manager


Community & Family Services Head St art Division

POLICY COUNCIL
PROGRAM
INFORMATION & UPDATES

0
~
0 0 0
0 O O 0
0 0
0 00 0
0 0 0 0 0 0
0 0 ~ 0
0 0 0 0 00 0 0
0
Co
0
8 o0 0
0 000
0 0
0 0 0
0
0 0 0 0
0
0 0 0 0 0 0
0
0

DECE1\1BER 2022

236 236
( . . Orange County
Community & Family Services Department
OUNT. Head Start Division
GOVImNMl~NT
PLO HII> ,\

POLICY COUNCIL
MONTHLY MEETING

Who: POLICY COUNCIL MEMBERS

Date: THURSDAY - DECEMBER 15, 2022

Time: 6:30 PM

Location: HOLDEN HEIGHTS COMMUNITY


CENTER
1201 20TH STREET
ORLANDO, FL 32805

CHILDCARE PROVIDED
SNACI( SERVED FOR CHILDREN

Sandra 1\iloore:
407-836-8913(DESK) or Email Sanrlm.Moore2@pcf/.11et

Yvette Meade:
407-836-892J(DESK) or Email Yvette.Meade@fJcf{.11et -

PLEASE STAY SAFE!!!!

237
237
AGENDA . .

Orange County Government i Head Start Policy Council I Holden Heights Community
Center• 1201 20th St., Orlando, FL 32805
December 16, 2022 • 6:30 p.m.

1. Call to Order - Chairperson

2. Roll Call - Secretary

3. Adoption of Agenda

4. Secretary's Report

5. Director's Report

6. Budget Report

7. New Business
a. Education Training

Unit Updates: Questions Only


Homeless, Education, Medical &Dental, Mental Health & Disability, ERSEA, Facilities

8. Adjourn

238 238
ORANGE COUNTY GOVERNMENT
HEAD START
GOVERNMliNT
11 t. (> U I I) A POLICY COUNCIL
MEETING MINUTES
Holden Heights Community Center
1201 20th Street
Orlando, FL 32805
November 17, 2022

Call to Order by: Sonya Hill, Director at 6:48 p.m.


Roll Call by: Sandra Moore

Attended Bv:
Edith Vazquez Lopez Aloma Representative
Anny Nunez Aloma Alternate
Darnellion Brown Callahan Representative
Rosa Emilia Tejeda Dover Shores Representative
Demie De.Jesus Dover Shores Alternate
Chistine Marrero Engel wood Representative
Sharron Jacob Hal P. Marston Alternate
Greilyn DeLosSantos Hungerford Alternate
Telmelah Brooks John Bridges Representative
Cindra Guillaume Lila Mitchell Representative
Leonard .Jabouin Lila Mitchell Alternate
Daniel Hernandez SOYMCA Alternate
Natalie Juarez Southwood Representative
Judy Lopez Three Points Representative
Wendy Torres Three Points Alternate
Jennifer Martinez Ventura Representative
Chevellc Teague WS/ELC Rcpresentati ve
Juliett Douglas West Oaks Representative

Quorum Established

Staff:
Sonya Hill Main Office
Sandra Moore Main Office
Yvette Meade Main Office
Pedro Berrios Warehouse
Zhor Elmekali Pine Hills
Polly Bouler Hal Marston
Yolanda Soto Mi llenia Elementary

This meeting served as a training on how to run a meeting and the voting of the Executive
Committee members.
239 239
Policy Ca1111cil illeeli11~ Minutes

Ms. Hill held a mock meeting holding the roll call, making motions, how unit reports and
manager's rep01ts would be presented, etc.

Ms. Hill reviewed the roles and responsibilities of the Executive Committee.

Nominations were made and each nominee spoke for several minutes to express their desire and
qualifications for the specific roll.

Voting took place and the Committee was set;

Chevellc Teague - Chairperson


Darnellion Brown - Vice Chairperson
Jennifer Martinez - Treasurer
Edith Vazquez Lopez - Parliamentarian
Natalie Juarez - Secretary

Meeting Adjourned at 7: 18 p.m.

Next Policy Council Meeting


Dece1nber 15, 2022

240
240
Head Start Budget Summary November 2022
He~cl Star. Budget Summ.:iry
Below is ;;i s1il!~ment or finac1.JI ac11111:y (or an expense sllee:.) Th is si.m,marizes 1011 the fincll"CiDI spending over a period of 1imc. •n :he c:i.:amp?e belcw. we are tock ing al spending on n monthly basis This repor. gives :tie coun:.il a n unde.s1ar1din9 of Qr.,11ge Co1ml}' Heaci Sia n 's f1riancfal :1eal1h The
accompanying repcr.s are the Ce;::!ils in which the sumn,ory is created.

Ed ucation 7S22 11.399,422 8 10.229 1.314.536 859,963 961 ,414 799.879 1.130.630 549,293 832.S78 1,332.287 10,584.659 5)4

USDA Administration 7523 6.281 0 0 0 0 0 0 0 a.2a,


USDA Services 7524 0 0 0 0 0 0 0 0 0

7525 1SG.670 ol 650 ol 0 0 0 656 156.214

i525 <29 ,011 ~4.8SO 27,S30 47,912 26.841 33.085 1 30,925 3<.•35 30.290 <3 .408 42,432 25,453 34,162 18,43-= 391.723 18.854 95
Oisabilitios

Heallh and Dental ' 7S27 t:61A84 13,051 22,272 31,S03 16,183 ; 15,961 16.432 17,044 21 ,419 31,822 23.656 24,51 8 33,598 267,859 1 193,625 58

? FCE 7S2 6 22 ,7~1 ol 0 ol 0 C 0 22,7~1

F3cilitic,s 7534 7~9.646 ol 3 7,'111 0 0 0 0 0 (1,182) 37.111 713.717

Total 14.76G.1G2 517.1771 S90.1 4g I t.54!8,876 944,592 1 1,103 ,987 850,29• 1,104,403 944,334 1.3~5.545 707,566 976.595 1.555.312 110,788 12.619.131 2,035.2<3 85

3,056,202 2,928.873 3.3~.583 I 3 .239.473


Expense Fler Quarter
Cost Per Child 1.990 1.907 2.210 2.109

241
Head Start YTD Summary November 2022
Head Start Budget Summary
. Below is·a different-statement of finacial activity. This summarizes all the financial spending over a period of time. In the example below we are looking at fiscal year to
date spending. This spending has been separated into salary and non-salary expense. This report is also gives the council an understanding of Orange County Head
Start's financial health. ·

-3,782 0 8,997 -73


7521-Admin Salary 5,215
7522 - Education Salary 1,999 0 0 1,999 0

7523 - USDA Admin Salary 1,673 0 0 1,673 0

7524 - USDA Services Salary 500 0 0 500 0


15,102 -16,787 0 31 ,889 -1 11
7526 - Disability Salary
7527 - Health Salary 50 0 0 50 0
14,656 0 0 14,656 0
7528 - PFCE Salary
1,954 0 0 1,954 0
7534 - Facilities Salary
Total Salary 41,149 -20,569 0 61,718 -50

188,444 8,805 165,41 7 14,223 92


7521 -Admin
0 0 0 0 0
7522 - Education
588 0 0 588 0
7523 - USDA Adm in
1,283,586 0 37,564 1,246,022 3
7524 - USDA Services
156,870 0 656 156,214 0
7525 - Training
73,693 18,434 51 ,287 3,972 95
7526 - Disability
17,690 0 16,083 1,607 91
7527 - Health
9,216 0 0 9,216 0
7528 - PFC
7534 - Facilities 475,532 -1,182 3,827 472,886
Total Non-Salary 2,205,619 26,057 274,834 1,904,728 14
I
I
-"-· . ·------- ·-·. -- - -- 1,966,446 12
Grand Total 2,246,768 5,488 274,834 i

242
C OMM UN ITY AND FAMILY SERVICES THROUGH NOVEMBER 30, 2022: FUND: 0001 D EPT : 062 UNIT : 7529 : H.S. GENERAL F U ND: 1 00% OF FY ELAPSED
.. ... -· -· . .. .. ·- -·- .
- - -1 - - ENCUMBERED TOTAL .,. euOGET
OBJECT I APPR I OBJECT NAME I
c uifRENT
BUDGET OCT I NOV DEC
a
JAN
I
i FEB i MAR
a
APR
a
MAY JUN l JUL
a
AU G SEP
a
AMOUNT Y"l'D i BALANCE USEC YTD
112Ci - . jHzg-- REGULAR S"LARIES and \~AGES .. T 273,540
- 01 40,423 r---- .. 01 . - .01 0
- ol 0 .. 0 •o.•23
. 0
233. 117! 15
(ico ol d C a O! 0 . .. 0 0 O! 0 b 0 0
2110d HZE - FICA TAXES I
6 -·-o 1;!~! ---,°.- ·-

I .-f2,99,000 ·-
212□ HZE RETIREMENT CONTRIBUTION 20,925 O; 2.972 0 01 0 0 0 01 d 0 0 2,972
140 -4}'4 ·- 0 -·· 0 0 al ·- 0 0 0 a 4,814 ii.325 15
2130 IHZE LIFE and HE.Al TH INSURANCE
ifa~ZE. - HSNFSA CONTRIBUTION •.
.. 01
01 a.ss2 . -0 0
0
01...
01
0
0 0 0 -- · ·-01 0 0 ·- ·- 0 0 8,552 · · ··-90.445 9
f1s□ ·- ~!~~ V NEMF'L6YMENT COMPENSATION r 500
430,305 0
01 0
55,761
0
0
0
0
0!
0
0
0
0
0
0
0
01
0
0
a
01
0
0
0
0
a
0
56. 761 373,544
5001 0
13
I TOTAl.. S-<ILARIES
PAYMENTS TO OTHER GOVERNIJENTAL I i : I !
I __ o[_ 0 oi 0 0 0 0 a oL_. a 0
-· ... 300 C
3167 __ l!i.Z ~ AGENCIES
. - - · · · -- - --'
CONTRACTUAL SERVICES NOT :
300
;
0 0
- ·- '
oL

3197
- · ._k_ OTHERWISE SPECIFIEO . I 22.SOO 01 0 0 .. ·- 0 01 ? .. 0 0 oi. 0 0 0 .. a 0 __22.sqo ___ _o_ _

3810 IHZE
MAINTENANCE OF BUILDINGS,
l~PROVEMENTS, ANO GROUNDS
OFFICE SUPPUES.(NOT INCLUDING
-
.,. sea ()f
;
0 0 0 ol
;
... . 0.. 0 0
I
_Qj -
oi
0 0 0
--··-··
a 0
- ·•·
__ s_qo 0

4110 ~ZE __ PR[NTlNG)_ . - .... 3 700 or 0 0 OL_ 0 0 0.. 0 0


-- ·- 0 0 ...o 3,700 0

4115 HZE MISCELLANEOUS OPERATING SUPPLIES I


T
so o}
I
oor o 0 o:
···- - 01
;
0 0 .. 0 oi 0 0
- 0 0
- 0 so 0
4 1 ~ HZE- ECDf?M'.=NT LESS THAN S'\000 .! ~~ _ __o: o o_ 0 0
··- 0 0 01
oi_ ..
0 0 0 (499)
-·--o 0 1,998 ··--(~]_)_
:f'il5 . 0 . . 01 0 0 0 0 0 0 0 3,321 0
HZE FOOOancO!E:TARY . ~--~-
~ HZE
6420-
SELF INS-P.ROP CASUAL TY
HzE= ~~..~To_CK - ·-· 2;:;;-;-t=:~
500o; o o~ -·-
0 Di
o,
0 ...
0
6 -··- 0
0 it-- ···•·
0
0
···-o
0
0
01 -- d
0
0
0
23.877 0
500 --·-·- o - · -
~ - --- .. i
srf.s41~ · ·o 01
0
0 - ·-01 0
0
0 - 0 0! 0 6 DI (499) - -0 57.045 (1)
- fHZE COM?UTER EOUIPME.NT > $500

...
I
-·-
--
485,852
~•, iUU
"•"-
0 56,761
,o,=v
-.- 0
~,.- 0
-•
0 0
•~o~ 40,, u•
0
=--~
0 0
...,.,u
0
,v ~, ..,.0 "4,•-
a (~99)
----~·
56,761
- •,v-
430.590
.. 12
uu

243
COMMUNITY ANO FAMILY SERVICES THROU GH NOVEM6eR 30, 2022: FUND: 7002 OEPT: 062 UNIT: 7521 : H.S. AOM[N: 92% OF FY ELAPSED

.:115 705 0
-·· ·1-.:FC M ISCELLANEOVS OPERATING SL!P?LIES
---COMPUTER EOU!P~iENT LESS -HAN ·
0 0 0
4121 • FC S500 _ _..:5"10---~-- .. .. _o0 0 0
·--0
0
0 0 --00
i;:}-:- ~{~g-~:,-~:t~~{~:S:d000 1
-- -·o
0 0
·-o ...-0
0

;~=~ ·· · · - -•.-<)~"'01-----"'·-
0 0 0 01..--__ - -· --~ 0 0

t;~- ~~CT~;;:~~~~f~~-tiP.AM.~L---~-'~•"',:"~!c:::;L-- .o
0
(753t
[753}
0
0
0
0
0
0
0
0
0
0 - --ri
0

0-
0
0
- ...·-o
0
D
0
0
~~8.2____3FC----:SaFiNs:pRQP.CASUAL1'Y - ·--1·:::!!;!
1,:i,J1,ro1
oT·- --
683
..
01
,,,,299,
K 565f
, .......
17,9:26
·o
2,348
0
103.289
...
0
2.325
0
2,018
.,,,
5,497
...
9,484
,,.,
0
4,961
0

~--
879
.,

244
COMMUNITY AND FAMILY SERV1CES THROUGH NOVEMBER 30, 2022: FUm>: 7002 DEPT : 062 IJNIT : 7522 : H.S. SERVICES: 94% OF FY ELAPSED

245
COMMUNITY AND FAMILY SERVICES T HROUGH NOVEMBER 30, 2022: FUND: 7402 DEPT: 062 UNIT: 7523 : USDA AOMIN: '/4 OF FY ELAPSED
- - -- -- ----- ---- - -- - - - - - - - - - -- - -- -- - - --- - - - - - - -- - - ··-·- - -- -- -- ---- - - - - - -- - - -- -·-· . ·---- - - - ---'
-0- B-J-E C-, ' • MR c : : 0 -BJECT NAJ' E
• • -, •
' CUR-RENT
BUDGET OCT NOV DEC JAN FEB I MAR
I
I APR
I
I MAY i' J UN JUL AUG SEP
0
AMOUNT I
T OTAL
YTO
I
BALANCE
% BUDGET
USED YTD

11•0
~;~g
· ,;;~~sFAovERr~
1120 .. :sFO REGULAR SALARIES a nd WAGES

~~:Gr~ ;IPAY - -- - - -
___,___-'.f~g --~
_. · - L -_ _1;_;:;30=

9_9911-- o
5
.671
-g
1,001 --~0,!-'---0~1__·_·--0
g 6
--~---_ o
o ~ o_,.-·:::::=::::;o; :::::::;g,+---
_ ___
:+!---.;.

· ·1..!i::---_-_-_-...;0~=====~0~:i--- -- 01
-o
01--_ _
-'g-'-;- - _:__g~- ---g~t-+--f-
ol O

o
O

o
_ _o_~--o+-- -- 0 ____1:..:3:,:,4:.::50::,llL-__1:.1. ::.:_nii
oJ g
g,___,oct------i:□-1-----
g
1,oo~I
o, s:~-~ --~--
a.s"lio,- · ··-, o--
10

·2120 ·-wa- _i<i:"iiREMENTCONTRIBUTI0N 15,354r - 0


- 1,602r · 0,, ol 0" 0 0 01 0 0 0. 0 0 u ~~l- - - ''-'-3'-'-,7-"52'-'1_ _ _;
10:....__
·-__,
···
2130_J~O_ LIFE anc HEALTH INSURANCE 49,5001 O 2,4251 01 01 01 O O 01 0 0 0011 0 O 2.42057 47.075! 5
1,673
=·-a
~_00 - ~ _ PAYMENTSTO O PEBTRUST 0 0 0 0 0 0 0 0 0 0 0 0 1,673 0
01 0 0 213.0951 0 18.4841 0 OI 01 0 0 QI O O O_ 0 0 18.48-1 194,6111 9
Jns- · --- - ~ INDIRECT COSTS •. - - - -- -'---1--·===~~6~.54~13~
1 O 01-'-- - ·o ---'-o+----□'+----0,
-o··+---~ 0 0 0 __-- - o.:t ----- - oa+-- -_=.·: _=c.,o+---'-C.,6,'-.54 ,.,..,,3+--- -'o;.__-
3410 i SFR LOCALTRAVEL - - - - - - 5001 O O - :_~O 01 ol- 0 0 - -01 O O O O o O 500 O
i _ _ -□:·+,:,_,-_-_-_-_-.c. :;
0
~~30 _::- ,s"FR _ TOLL CHARGES SOr ·===o: ======0:-__-____0CJ----'0.,_ O :::::::::::::::..:.o:-_-_-
__--01 0 0 o·+_-_-=.-=.-=.-;o:-=.-=--=--=--=--=--=--=--o;_-_-_-_-__·_·-=---'-'-o;-:::::::::::::::::::;
s:::0':---_-_-
-;_ ....:-'-0~=-
- -- I
3s20 i sm MAINTENANCE OF EQUIPMENT sol o o o ol 11 o ____ o o ol oi o o o o sol o
·,-;,o-fsFR. OFFICE SUP?UES (NOT INCLVD-!N:G~
=~- -1-
...-_-_-
__
-__ _ -=-
soo~. - - .;
of- 0 0 "'"0~1- -_:__
o1'-- -0;+. ---,o+---ioci-,_- --i.o+--- --·-=-oct-----.;.01------ soo,
0 o, 0 ·- - 0
~ - )5FR-'EouCATIONAL ASSISTANCE P-ROGRAM _:c:;5;;;
01--...;□;+--- --,,0,.---~0+-----□I Of O -. 0 Of OI O O O ....0. O 501 .. --·--o--
4482 - . iSFS- SELF IHS-PROP CASUALTY 588 0 0 0 0 0 0 0 0 0 0 0 0 0 0 588 0
01 o- o - --ir...r,-w,.r---,u,--- -.,,u, - - -u
. , - - --,u,-- - .,,-u---,uir----iro- -.r.,;---.,,-u--.,,-u- -rr-u- - ,u r r-- - ----.ui - - ---.,,-u-- -.,...;-L,iri-
• -- ..;-o---1

246
COMMUNITY AND FAMILY SERVICES THROUGH NOVEMBER 30 20:U: FUND: 7402 DEPT: 062 UNIT: 7524: USDA SERVICES: 3¾ OF FY ELAPSED
- ---- ---------· -·---- - - --·--- - - - - - - - - - - ------------------------------------- ------------- . --
- - - - - ------·- , - - - , - - - - - ~ ,- - - . - - - , - - - , - - --,r----,--
_ __ _C_U_R_R_E_N_T_ ___ , - - , - -- , - - - - , - - , - - -,-----,-·E-"NC--:u-M"B--:E--:R~E~O~-T--:O~T~A"L-~---~,;,-,--:B-u--:o--:G~ET,+- - _ j
OBJECT APPR OBJECTNAME BUDGET OCT NOV DEC ' JAN FEB MAR APR MAY JUN JUL j AUG SEP AMOUNT YTO BALANCE USEOYTD
1120-- ·•F·r . REGUl.AR SAlAR1I,s~.- n-o-w-.A-.G~E~_s~ - +- 13<.556 o 25,149 0)1:. _o ___o_,___o'-'------'-o,___o~-_:_:;._""_::_-_~"'o1:_ · -:_-:'._-:'._~-:_~c:_-:_~-:'.._':'.___:.____o,-1-_ ===-
__'--_-_ c<o-_-__
- -_=-_:.. 01----'--:_:
2,=--·.-14-9.1-:=1= 1.1-:=1=-9-'--"::.J.---l
0:9.:..4::1:..
fi"30 - ~-F°~mH~AlAR1ES.andVIIAGES ... ·- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N o 1•FT- · ovERTIME --- · .. - --+---~so~:0,1-- -.;io- - · · ··-o o, o o o· - ·· - - ·o - - -o o o, o o •. . 01_ o_ _s.9.~ o
~2fro-·· 11:aoo o·---- ....
0 0 - - . ...
l=
-~~F·T ;FICA TA.XE$- - O O 0 0 0 0 0 0 0 0 0 , 1.eOOl---0:------1-- - - I
2~ F f" iRETIREMENT CONTRISUTIOF( 10,296 oT'" . ;-:-a23 0 0 0 0 0 - - ·- ... 0 0 0 0 0 0 1,823i 8,473 18 -
2130 14FT ILIFE and HEAL TH INSURANCE 15 810 Oi 3,276 0 0 0 0 0 0 O.______ 0 ... __ __ 0 0 0 3.2761 - 12.534 21 -- .
2,3,
2200 •4FT
_n__JIHSNFSAcONTR15uT10N
PAYMoiirs TO OPES TRUST --
· · ··· a2·soo
·
OL 1317
0~:--- ·. 0 ·-·
·-o ·--
o
o o
o ___ . __ o
o
o
o o o o
o - - ·· · •• ·o ~ - -- 0 - - - - 0° 1 - - - - -0+
o
' _-_-_-_-
o
__-_o+-
o ,-·3 11
___-_-_-- -o"'-~--'~''--o'-;--'--';"'
,, 1•• 9
-,'-'~-+---'o'---L-- --•
TOTAL SALARIES - is~:!!~ ·- .,
0 37 564 0 0 0 0 0 01 0 0 0 0 ------() 37,5641 222.091 14
3170 4FU .. JANITORl~ LSVCand SUPPLY
_ ___,_ _--!OFFICE SUPPLIES (NOT INCCUOING. ·-1 500 0
:I
0
)I
0 0
I 0 0
: 0 0
1
0 0 0
,
0
1
0 0 500 O
-
~-,.-"o--+•'-'F-=U:__1::,~~t~'i:%eous oPERAfi'r-"i"ci . . soos= ..• ___oo - _oo oo oo, oo oo; o --- ---···c ~----~1----=o+------'o'!--_ _ _o::,11______:co1--_ ___:o+-_ _s:::o "'ol-_"-o_J.___1
011 5 4FU SUPPLIES
:,_,23~· :.:..: •_Fu- EOUl?MENTLESSTHAN-51000
; '"
so-·- 0 o, 01 0
0
6-· ·· ··-·o - - -;o: 1 - - -oal-- - - i
0 0 0 0 oi
o+-----;o :1---...;0<1--- - -oil,-- - - -o - -· ·· ··· · o~ ---···- so- ~ ----
O O 500
4130 4FU HOUSEHOCii ANDKITCHE N SUPPLIES I ··--· .4$0 0 o, 0 0 -----o-t---.a,ol -- - . od-----.a,ol----.o+----iod------o~l-- · - -- o:-;-,- - - -o=+-----=01 - - -.-=50 '&---'o;...--l----l
413~7F°U- - rn·□-oandDIETARY - ···--· -I 1.01_7,!2_1 0 ·or 0 01 0 0 0 01 ··- 0-- 0 c,+----O,t-----O;..-----'"o'-- ,.-01-7-,a-"2-'"'1' - - ' o ' - - ' -- - - '
:,,s:i·
- - - -- - -
·.rs s:LFINS-"ROPcAsu ALTY
TOTALOPERATIONS
l... •.110
1,023.931:
o
0
01
or---·o(---o
01.
o ···--·- -o
O
o
O
o
O
g gL- - - -g ·-·----:0,1-_ _--_-_
0
· o:+·- - - - - - =
01
01-----;;ol-~=4;,.·1;..:1c;ol --o:::-_-1-_ _ _ 1
0 0 1,023,9311 0 _
1 1
TOTAL UNIT7524 1,283.586. 0 37.564 0 0 0 0 0 0 0 0 0 0 0 37,564 1,245,022 3

247
- - ---··
COMMUNITY ANO FAMl l Y SERVICES THROUGH NOVEMBER 30 , 2022: FUND: 7002 DEPT: 062 UNIT : 7525 : H.S. TRAINING: 0% OF FY ELAPSED
- - - - - - - - - - -- - -----··-· - - -- - - - - - - - ·····-- - - -- - -- - - - - - - --···· - - - - - -- -- - -- -+-- -·· I ··-
I ···•--- - - - -r-CU-- -- - --~---,· -- -r---~-----~·-----,----,-------,-- - - ,- - -,--- --r====~~=:t:
RRENT ENCUMBERED TOT AL o/, BUDGET
OBJECT r A PPR OBJECT NAME BUDGET OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP AMOUNT YTO BALANCE USED YTO
316~H- . CONTRACT SVC--TRAJNrNG ___,___ _ __- 5.!)-_,>-:;oo;::,-::_-::__-·_---~Jo;:-~---.·==::o~====--~o+--_ _ o . ·---"o+-_ _...,o+ -'----'0'1---- 0 0
,of ----'4------''l------'o~- ---- - -0 ·o o· 50,00~)- . ·-·- ..
··· ~ CONTRACTUAL SERvrcEs NOT j ;
3~7__,_ 4f'1.._Q!!i§_RWr_SE_SPECIFIEO 2.000;J----'o=i------'~~-- - -0~--~ol-_ ___ _o .. 0 0 0 0
0 0 0
0 -···
··- -_ _ _0:-;..1_ _ _..,o,__-"'2,c:::000::.::,.i_ _ _ <
;~~g - ~~~- ~~fbF@i~YTRAVEL ____ ...,___ ... ~.:g g 656!" . •· g g g... ·--g\-
; ---"g'!----'g'i-----: 04
0-
.. 0
- 00+----i:1----,c+------g
0 0 -~ 37.:~
:fs,ci... RENTAL OF e.au1PMENT ____-1-I_ _ _ 3.•so ___ ..,o,____o. o o o 01 ci o o o o J.•s·o - - - - -·
·-=~
oFH 0 0 01
3520 . •.. 4FH LEASEs:su1L01NGS/SffiUCTURES_ _,.__ _ ..-"2,_9951----,o'+--___O: - 0 0 Q ... ··•·---or----o+-- --'o"I--- - 0 0 - - --=+---
0 -:
0 - ! - - -- - -'o:)~I· - -- 0 2 99 -
:i;i,o ·- •FH7"61fAPH1c i1E°PROC5svc·s·· ·· so 1 o o --- o o · • oC o o o- ---·- ·o 0 0 01 o··- ·-s; -
- - -- ··--rsooKs. c6MPACT DISKS. v1oeos" AN_D-4_ _ _ _-=.- - · ·- - - f--- -~1---=----- -',-- -- · ---- - - - -
:~g ~:~ -- ~:~~::~i;:ouCATIONAL c":JST . ··' - - - -_=c9,~2Se,0+---·· . ...,g:-1-- - -0=1----g: ..,._ __o......_ _-=,01----=g'--i-
0
- -;:gt - - --'o' + - - - - ~ - - -~.---- -•O:t - - --'o"-i_ _ _ _ _o::Jlo_ _ _ _ g-.,1- . -~:~g------
~-
3 0
4(.\<10 · LICENSE ANO CERTIFICATION FEES I ~-.:_-
{:~f----'o'!-_ _-_g_+-- __- - -0+ - - --g - . . - -=g""_~~~~~--'.co't.~~~~~~o"~~~-=--··_-..;
-g,__-::._--;:J~
0 f ---_-_
- _- _-..,-=ot ~~~~~ ·- .-_-..-_-
..;g:i-~-----'g,:;.1_--_-__ _-q'~
- ======~o:===~3~-~()5~,~ ====== '
- . -->-'--- OFFICE SUPPLIES (NOT INCLUDING I ·····
oi'
I
0 ...... . _so·-·---
~ - ,FH_ ~1NT1!'./.~ l . . ___ _ _ _ _ _ _ _ _.__ _ _ _scco+--·· ----o·t----'o'+-----'o --=ior-----=o.-_ _...:o, ___ ----~r-----=o! -----"'--- ----''+---
0 -- __o 0 0

~.!..'.S_ ~ _ . .I.MISCELLANEOUSO~Efl!ITING SUFPLIES 0


- --=50=+-_ _ _o. ---- _ or--_ _ ..,o+-_ __;-oj _ _ _,o+i'_ _......,o'+--___OC!-___o'+----.....:;----"1-----=+---· 0 o!
_o .. . ---- -- - "l o\
0 -- ----'"--- --""50")1_ _ __;
4116
441 B
•Ft1
r4FH
IEVENTIMEAL REIMBURSEMENTS
IEDUCATIONAL ASSISTANCE PROGRAM
T o,.,6'+--_ _ 01_ __ ..,o+----'o'+--_ _ ? ,_ _ __o
- - -:2,.~
6,94& ·oj O 0 0 01 0 0 0
ol
.._.__ _..,o.__ _...:00 _____ . . -'o'+---....;,----"1---....:
01
0
0
0
0
- - -0
0 0
0
ol
O[
2.01el
6,948-r--
__
- . .. - ~ TOTAL OPERATIONS 156,870 0 656 0 0 0 0 0 0 0 0 0 0 0 E56 156,214
- .. ··- r - TOTALUNIT7SZ5 ,=, ·• U = u U o • o u U • u u u u

N
~
co 248
COMMUNITY AND FAMILY ScRVICES THROUGH NOVEMBER 30,. 2022: FUND: 7002 DEPT: 062 UNIT: 7526: H.S. DISABILITY: 95% OF FY ELAPSED
- -- -··• - - - ---· - - - - - - - - - ·· ·- - - - - -- - - - - -· .. - - - - - - - -- - .. ··-·----------j

249
.. 0
0
O!
01
0/

.
0

N
()1
0 250
COMMUNITY ANO FAMILY SERVICES THROUGH NOVEMBER 30 302022: FUND: 70 02 DEPT: 062 UNIT: 7528: H.S, PARENT FAMILY COMM UNITY ENGAGEMENT: O¾ OF FY ELAPSED

OBJECT A.PPR
CURRENT J
OBJECT NAPAE = - - - "' --B_U_D__G___ET
___
-···,
J.. OC!_"'._ N_o_v~,.__o_e_c_ +-JAN FEB ! MAR APR MAY JUN
l
___ 'I,_ JUL
o,
I
··of--·AUG 0 SEP 0---- A.MOUNT oi
ENCUMBERe o i - -TOTAL
YTO
- r BALAN CE
I ¼ BUDGET
USEC YTO
. is· .
11~0 4FX Rs:Gu..AR SAt.AFfuts and \ VAGES o, 15S.042.,.__ _ ...;o,.___.....;·o"'·---□□-'......,• -· .. ,.. _oo ---'□:1----....;;i001---.;:...--...;1--__,;
1.085,954! 159.042 921.~hi - -
11:io 4f:X OTHER SAlARtES and WAGES 10 O:lOI' of' ·· - 9~482 o o o o, 0 0 0 0 9,<62 518 ; 95
'11~0 JfX - OVi:RTIME - - - s:o:x> 0~ 1,461 6 ···-o -·---:c.o,---~ □ ,---.;o,---.;□i- oi~---o __ _ o 0 0 1,-461 3.539 29
1-2110· - •i'x FICA r AXES - · 01 o,'- -,~.c""o-o;.....---o+----o · - o ~ ol-__-::_-=-_-::.-::.-::_tot-::_-::_-::_-::_-::_iot-::_-::_-::_-::_-::_i0t-::.-::_-::_-::_-::_j 0i-::.-::.-:=_..;i. 0 -···
___ _ 0 0 _ _,.q_oo -1.COOL.__0 _
2fro--,F>(. RETIRs(MENrCoNTRl3l.T1DN Js,1oor-· ·0~1 · - -- -o o o o o o 0 0 0 o·--- 0 0 _ _ _ • 35.10:l! 0
213 0 - 4FX l1r:·e an::J ri:ALTH INSURANCE 86,SS5l --a ...i2~E44 0 a, ci O O 0 0 0 0 ~ 1:20,484
2:s•• 74.34,1 15
i13,- ~x-· HsAli='SA CONTR1sun61'4 132_.;L9J o · 20.484 o+---...,□,..~-::_-::_-::__
.. _-_o..,·_--~~~~}o,~~~-- ---;0+----;0t-::.-::.-::_-::_-::_it-::.-::.-::_-::_-::_jt 0 0 -::.-::.-::_-::_-::_j;l-::.-::.-::_-::_
0 -::_jg j
;f-----'0 11,,9,S! 15
2200 . WFX PAYM ENTS T06PE8 TRUST - 412.5001 0I ·33_168 · - -0 / 0! DI 0 0 0 0 0 0 O 33~166 ----- 379,332; 8
. --- · - - - TOTAL SAi.ARiES 1<,SSS O O O O O O O 0 0 0 0 0 0 0 14,6 56 0
3'-1
553
1FvyLCCAL TRAVE.L
iiFv fo ll cHA~GES ---- -
- - -- --1--.,"i.78:..62_4,____0+-~23'-7~,2~81,,_
: 700 o a
0)! _____0.l-_ _ ...;OO+----'O+-- - -'O;!ll_ ___ Oi
0il 0 o 01 o·
C
0
0
0 . ... - ~1~ .
Oi 0
0
0
0
237,281
0 ,.5'::~~1---··- -·
~
372 '"I.PY . COMMUNICAT IONS .. . •• J°.Coc) ···o. . . .-.. - -_-_"_o,.__ _ ...;o+-
1 - - ·a -o'.1---_-__-'~'.l----_-=-::..-::.-::.~ot-::.-::.-::.-::.-_-'.,,_ot-::.-::.-::.-::.-_-:;,+---4
0 0 --....C:'.J.......---'0
--0 0 3,000 0
- ·eoot<s. COMPACT 01sKs. Vfoe.os. ANO- - 1 •
-.1020
--r
l .iFv suescR1PTIONS
~F1ce-svPPL!Es !NOT 1NcLuo1Nc - ·
100 oi o
- - - = - - - - +--.....:i - -
_ .o ____ ol' - - - - ' + - - - ' + - --
---=+---4 - - - - - - • t--- ·- 4
o o o o __ _o ______ 100,......__~o~--<

4 110 . _.. } f.Y .:~~~~~EOUS OPERATING --!. _,2.qri:.:01---='l-----'o+-_ 1


- - '+--- --ci_ _ __... 0
1----=-oi----'+- ____o1------0-'---~ot---~01-----'o+------=□c..'---'"'"''°"=!)()+--=o,_ _
~ --· --4FY SUPPLIES - ~ -------- -5~ cl 0 . ____o"l-----"l---"1-----=-□i---+--_;~\ __o - --- - - ~ot--- --'o+'-----"50+ -_ __:0c.......__,
I i COMPUTER EQUIPMENT L·: ss THAN I I

• 121 ~•Fv ,ssoo =====-_ . ,a.coo o o' o 0 0 ol o o o a: o c 10.000


,!,23---=-:~i::v IE9.~.1~Mer-:r_t.:=_ss THANSH>Oo .... _.! - -_
.W12 aF~PROMOT!ONAL EXPi:NSES I
=soo"'5.~!l,;;.,-::.-::.-::.==~6___-...::o,i,_ --o....___-=,..
O oj O
0 _ _.....:,
0 l- - -~
0 __ _ .::o..
0 - - _ , ;
o; _ _ _·p
01
, __ _ ...;O+----'O+----'O'..l....----'
c
·o - ·-· --·--o
o_:.____:_-~~==---==~ __
o;
o----
o
-0
o
0
sob+---...c..--1
50
:f416 -- .ir=v ___ EDlicATIOOALASSISTANCePROGRA.\-1 1 , .ooc~ 01___,. 01,__ _ ~o...,__ ..0 0 0 0 0 OJ O ..•• 0 ... ··---0 0 0 , .0001 0
'450 4FY PARENT ACTIVITY FUNO 7,000,' --·-o] 01 0 0 01 01 0 0 Oi O 0 -0 .... . 0 0 7,0001 0
4482- TFG s::1.i.lNS-PRO?CAsuALTY ···-- --'c,,icoooa-- -o!-··· ·-o·'-1--...;o+-- - ~0 - - -"--- 0/ ---"'---- o, -o ·- - o or o o 01 o o 1coor O
-· --- --· - · - TOTAi. OPEAATIONS - - --,,9r.2fi1~6__7 0, - - - ;0, - - - ;0j----i-- - ,r - --i-- 0 0 0 - -.-o___'ll'o___ iio___-ijo___-ijo;----.□,-----i0j-----ii-0---.,;9;:::2n1,.-6__...;0;;...._ 4
- - - - - ·. TOTALUNIT 7528 ~ U D 0 0 0 o o o u u u u "' u

I\.)
(J1
_,),.
251
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COMMUNITY ANO FAM ILY SERVICES THROUGH November JO, 2022: FUND: 7002 DEPT: 062 UNIT: 7534: H.S. FACILITIES: 5% OF FY ELAPSED
- - - -- -- - ·---- - - - -- - - - - - -- - - - -- -···- - -- -- - - - - -- - - - - -··· · · - - - - - - - -- - - - - - - - -- - - ··- ·· - . -
oma~• · r-- ocT I Nov
··--~ca~uuR=oR=;,"~! oEc_ __;._J_A_N_,.._-F-Es_~_MA_R__!_A_P_R__ --~A.,, JUN JUL AUG I SEP 1:lif~~~!';eo ·--r~AL BALANCE ~:~c°;..~-
_1_!20__ 4f:L~EE~~R s~½~l~.?-~!'~~~G-~.~- _ _ 150~~!----·· o 21.134 O! o o Oi- - --c1f---o-1Jf-=f-o-1-_;;_;..c...~
0 o-1-.:..: - ->----.,.,------0._
Ol 0 ___2_1__1_3-1_,____1_3_9_.7_22_,_-'--=1-3_ __,
1130 4FL OTHERSALARIESan<IWAGES S,000 o·--ot---6-
• - - -o·- -6 01 0 01--· · o·- -o+---"'-~--------o Of 0 ' ._.___ .. 0 ---s-:ooo•-<-----'-o'---'
, ,;;o· •FC-- OVERYIME ··- -· 2.500 0 ·- 423 0 0 0 o: 0 0 o- .... ·--·o---~f--- 01 :!--
0 - -- ~o·.....- · - ... ·423 2.077 17
2i"io . -.;er-FICA TAXES - 4.800 0 0 o;-:.. ..0 0 01 0
... ·--0---7----,od----..----~1----·
01 0 ·• 0 ··-- --.,_c
of - - - -
•.~aoo
=+---~a- - ~
13.246 :· ---~_-O;.,,,➔
··-of--,1~.4~9.laf--.--==u:.= --=...----.!-=====70,..·_
·_
·-_--o;.-__od-- - ~· ... ··--__-_-_·_· _o
_,_._-·_-·:::=1-.=4-9:s: ::::::,:1:.1:48~=====,:1:::.:::'.
2120 -
2130 ..
- ~,L RETIREMEN:_CONTRIB~!!ON . .
.!1•F~ ·- - ~ ~ E A LT~ INSURANCE •. ·1···
·- .
6619._700058 oo -·· 27:..56:_s67'1 a,
01
6r-·
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- ,.+-_ -_ -_ -_
0
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..
0
- - - ; . t - - -.t-- - ---od----.2.567
0
··s'~·_.'3·93·9' ---'1·2~ -
2200 . 4FL •.J"AYMENTS TO OPEB TRUST I 01 0 0 0 01 7:661··· o
~I
-···· j -·-- TOTALSAI..ARIES 0 0 0 0 1.954 0 0 0 0 0 0 0 0 0 1,954
. PAYMENTS TO OTHER GOVERNMENTAL I I ' I i
3 ~ ~ -.. i,FM. . _.~.GE~C.!§S_ -===--- . i _:IL•~___o_JJ.283; ___0..,_ _.---;0.~ _ 0 o• 0
·- __o ....._ _ _:if---'o"l-----'£l..---
. . ._of---;;~----..;0<1---~3:3,~3 .o__ _ . . 240. 831 .. . 12
3170 l◄FM JANITORIAL SVC and SUPPLY ! 1~ 0 0, 0 0 0 0
0 O: ci 0
0 v• 0
0 1 000 ·- ·- 0 - -
·-54'"'"e'',---,O"'!--~c,I--··· o·l----01---...-----~-'--·or•-·-···-~o·'---~O+---~--- --o•>--······ .
1
3119 ;◄FM- CONTRACT SVC EMPLOY AGENT 1· ·- 8.000j O .. 0 0 ·-648 7.352 8
---· . ·- ·- COl'llRACTUACSEFtviC1'-Slil01· I - - - - -- ,----!·· .·-f----1----4---'.I--- I ...... . ·· -
j◄rM
3197 OTHERWISE SPECIFIED 3.000 0 t.182; 0 0 0 0 0 0 QI O O 0 (1.182) 1.1&2 3.000 0
~ ~ ~,OTHER INSURANCE ...;-eoilos 1 10.000;;;;!- - ~ .01 - - jf-- · --01---0.1----0.1----= - ~o-1-_ _=01-_ _o_~•-
_ o_,-1-·-··_ ··_ o - -··o ··- 0 o o ,o:ooo 0
3410 1•FM LOCAL TRAVEL ·-i,--·-··-_-_3_00"''- - - V o1 0 0 I) ··- 0 o. 0 0 .. ·o·t-- - -,:1
3001 0
1
0>-----,.1------•ol---
0 ·- . . ·o .....
~ •• •F,.-IM(iviNc;-Ei<PENs·E-co ASSETS 1.000 1 ·o ·-·•- · ~oc1-- - . , 0, 1-- -.o _ _o,..___ _ _0_.__ __._
01--·-o ··· ···-··· o..+----,0,1---.,,01---.1-- D - . ···· --b e 1 - - - - - o . 1 - - -7,000
-=d---0 -'--
1
3530 ---· J•FM-'roIT""CKARGES •.. :..1- - -50=1' --- 0 0 D1 ..• . ·o O O -01- - - . 0 . l - -- ,;lo-- - .ol-- - .0 or·- .
. 50 0 -·- -·--ol----~o.----~-------
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0
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2~7~4_.937 . .....

3720---...-fi, COMMUNICATl()j;,S- , 3"]oo1 0 0 OJ O Ui__ 0 0 0 0 o._r- ·.


.. 01 0 0 ui 3.000 __ _ _
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W>.TNTENllm:E"OF BU1C1J"11ii"G·s;---J-· ··--t---.L...--.. ·-1----'-- - - 1 - - - - l --f---➔---~---+-·· ·- ·-·· ..
311,0
382()
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··- ;irr;.-';;,,.;,;,re·NANCE OF EOUIPliiENT ..
I 35,ooo ...
--+---,23,.,,'=<ILW· oi :i:J9 o: o o 0
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o o c o 34.661
. 1 - c - - 23.000
1
~ " = d - -0- - - - l
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... oj
3S25 4FO jCHARGES 28,876a.- f - - ---.'--
oi - 0 0 0 0 0 01 0 0 Oi O O C 2!.976 0
3§,-o--TFM ___ ;GliAPH1CREPRoosvcir ·-50 O· - ·· o o o l __0, _._·····-
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- · - 0 - ' - - - -0+ - - - _O! _...,__ _0_ __,
·····-0-+------o.__ _ _1.500
Qi
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I
I o! oiI 0 0: 51.0401
~I--·
<FM MISCELLANEOUS OPERATING SUPPLIES 51.040 0 0 C 0 0 O 0 0
··o .. ----,od----.Oc-)- - - - -o.1-- - - - - ... 0
4115
..ci. - ···•·
~ 4FM ··1 eou1PMENi LESS-THAN $1000 ... 9.000 o · ·· · ···or-·
Oi
01
O
o
0 0 0
. ·-01.-<-----.1-----,,of---oai
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9.000) 0
,ws· 4~ 0 T S andSMALL IMPt.eMENlS . -··-~---.:.:-.1-- 5.000 0 0 0 o. o··.. 0 5,000! 0
iiYs 4FM \CLOTHING AND WEARING APPAAa 116 ·-.
..... b 0 o ·· or·· 0 Oj o ~,1---..,;..'-_-:._-_-_-_-"'~---_-_-_-_-o~:::-._.-_~
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-
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·-~of----~ ""
, -
- -116j
-'----
0---1
---...df---:---
4195 - - ~ fMISC SUPPLlES OR EXPENSES-· ____...,__ __ _ so - 01 0
·-- o · ·---·0·'1_ _ _,...__ ________o
0 01 0 o, 0
o
01
· ·
50f 0
o o' (1,182)
_,___.
· ---
TOTAL OPERATIONS
TOTAL UNIT 7534 ,.......
47S.532 0
u
3.827
J I, u
O
u
0

D

O 0
u u
0
u
O
O
O
u (1,1H2J
3.827. 472.886
al ,
1
,., " 5

I\.)
CJ1
I\.) 252
----
OBJECT APPA
_ _ __ _c_o_ M_MU_"±fTY.~!) FAMILY SERVICES TH_R_O_U GH November 30, 2022: FUND: 7046 DEPT: 062 UN17::..7_s~5 _: _

OBJECT NAME
CURRENT
BUDGET OCT
0
NOV
I

o:
DEC JAN FEB MAR APR~,-_..,...
MAY _J UN
:
JUL
_,,,___ __
H :_

I
S ._£1S_AS_T_E_R_&_R_e_c_o_v_E_R

! AUG SEP
PRE·
ENCUMSEREO
AMOUNT
_ _+---,-,f----·-·-- ·o -·
_Y_ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ ,

ENCUMBERED
AMOUNT
TOTAL
YTO BAt.ANCE
o/, BUDGET
USEC

~ ___6 o, ~t---~
0 0 ---o·
0
..il
0 0
0 01
0
-·- - 0
0
6
0
0
315.362
10~500
0
0

D 0 , 1,110 0
0 0 24.134

0 (5.177) 990, 116 (1:

u 0 0 u u u u \U

253
November, 2022 P-CARD REPORT
CFS- Dept 062

CH Full Name Comp Supp Name Purchase Date Post Dat e Am oun t G L: FUN D GL : DEPT GL: UNI T_S UBUNIT GL: OBJ Prog ram Card Name
CIA YTON, .AMANDA
CLAYTON, AMANDA
ODP BUS SOL LLC ___
ODP BTls SOL LLC
\ 11/~!20_22..
11/9/2022
-~{12~~,933,
11/11/2022
$1,10~.38
$19 87
I ~ _ _. _ .. _jORA_~~E COUNTYBOCC-PCard
' ORANGE COUNTY BOCC- PCard
CLAYTor{AMANDA ' ' ODP BUS SOL LLC- -- - - -- - i 1i912O2:f 11/14/2022 s7j'f4 - ------- --- --- - -- - " :oRANGE COUNTY BOCC- PCard
CLA YfON, AMANDA ODP BUS SOL LLC . - - -, 11912622" 1ff14i2022 $85.17 •. ---- _. ___ - - - -- -- -- -- - 'ioRANGe'ci:50N'fv- Bocc:·pcard i
• • --- ______,_ _ _,,_ - - - - - - - - ·- - - - - I
:CLAYTON. AMANDA ODP BUS SOL LLC __ _1_1_!~~!.2_0,~2.._ _ 11/14/2022 $35,59_ .. j _ _ iQ_R~r-1~-~ C~l,W[Y_B()_CC: l"C:_ard
'CfA. YTON, AMANDA ODP BUS SOL lLC 11/15/2022• 11/17/2022 $62.35 i !ORANGE COUNTY BOCC- PCard
DUCK, CORTINA
DUCK, CORTINA
--Nie -AGENCY FOR HLTHCR
!NIC -ACfENCY FOR HLTHCR
, . ·--- ·-- _111312022: -- --,j,4i2D?f
_ .._:!.'!~l~Q.~2 '_ _ .. 1. 11712022!
:=.sif§[l_?QIC ::_.-::Ja_~_r :~:::·::·-·z1E·-:. ·· ·
_ S.i'.'.,.El~.i7003 !062 _ : _ _?,~3~_:_
\3167
:3167
·-i-oRANGE- couNtv ·s<::i'cc: pca,d
\ORANGE COUNTY-BOCC- PCard
1

tiUCK. CORTINA ioc FIRE RE(scuE- FEES · 1111J20221 111~!2_9.?1.L _ __s1_qroo l!!l_<!.3__ _!.c!6~ 1534 '3151 joR°AN<ff-c6i.TtJfr so·cc:·i>caro
DUCK, CORTINA - jNIC--AGENCY FOR HLTHCR 11/712022 1118/2022i S13.66 17003 ' 062 7534 3167 :ORANGE COUNTY BOCC- PCard
' DUCK~ CORTINA '-; NIC -AGENCY -FORHLTFi'CR '1i (7/202? :----n~I2Q?.?1:_ -- 513,68 i?003_ -- 062 !'7534 : 3167 "ORANGE COUNTY BOCC- PCard
!DUCK. CORTINA ioc FIRERESCUE FEES " 11/712022 11/6/2022 > $265.52 ;7003 ·,ail2 '7534 3167 :ORANGE COUNTY BOCC- PCard
'ioc FIRrRESCUE FEff' - '7534 _,
I~~g~:gg~~~:
,.-,----- ----·-11i?i2022 - - --- 11/8/~022' - - - ---$165.'i4 "7003 •062 ' t if6'f ' ' -- ·:oRANGECOLiNTY BOCC- PCard
ioFD AD~1ifr-fisTRATiON 111712022 111912022: $100.00 :7002 ·:oai 7534
·1s21
3167
· 3-f iO-
'ORANGE COUNTY BOCC- PCard
·· !ORANGE .cOuNTY.BdCC-Ptard
i DUCK. CORTINA \u'si>s Po 1169260606 -· ····----··--· ····.. -·.. 111s12022 i·-·-·- 1111012022; Ss4)5. )QQ3 !062
lDUCK. CORTINA ]NIC -DCF-CARES__ ,,, _ -- 111912022 . 1111012022· -S4-3-43 1003 . ,062 7534 3167 :okANGE ·couiiirisocc:·pcaici
IDUCK, CORTINA ioc FiRE'i'f EsCOE FEES 1111512022 11/16/2022 S67.00 '7002 . 1062 7522 iORANGE COUNTY BOCC- PCard
i DUCK..CORTINA ·oc FIRE REscuE-i=EEs _ __ ___ _ . 11/15/2022 :_J.!116120~[ ~ -_: ~ s~_t.o_(f?oof _.. ----- -[oo'2-- ,7522 !ORANGE COUNTYBOCC-PCard
!DUCK, CQRTINA
:DUCK, CORTINA
' DUCK, CORTINA
oc
QC-FIRE RESCUE FEES
FIRE RESCUE FEES" '
oc FIRER ESCUE FEES
'oc FIRE RESCUE FE.ES
_.·---i!;~ !:~~~!~ · -~~i!~Iil-·--- "ieT.oo
1111 512022 ,
i:H~i~ii · rg!! ·- - - - - :~~H---· -----_,___ _,_ ·--·--------------- l·g:~-I!-ggt~t~-!ggt~-gE~.
i111612022i . 100T___ ______ c1e2·---- . . ·:1s22 -- ... .. - - .. .. ORANGE-coDNf'{socc~ Peard
'DUCK, CORTINA
Duck CORTINA OC FIRE RESCUE FEES. 1111512022; - ,i-116/2O22!..,__ --- $98-:-04" 706'2 " 062 17522 ORANGECOUNTYBOCC-PC:ard
. DUCK, CORTINA QC FIRE RESCUE FEES ---i1'f1512O2i 11116i20:n·i --isf.oo 1002 062 ------fs22~· - ORANGECO- uN"rvsbc-c :-ricard
"l'J1c -AGENCY FOR HLTi=lcR

·- - ---~!:~:~~~~,-- -ii:mi~~1:- ~·~-~ Hnr!~r-- · .~~~ -;i!~ ·


DUCK. CORTINA - - - -· 11 /161202:f- 11/17/2022 ------ $44.66 7002 062 75.22 ORANGE COUNTY BOCC- PCard
DUCK, CORTINA
'DUCK, CORTINA
' DUCK. CORTINA
;ELIBERT, MIGUERUNE
·usPs PO 1is92soso5
:NIC -AGENCY FOR HLTHCFC
'NIC -AGENC-YFOR HLTHCR
PUBLlx'#-436 . 11116120221 1111712022 ! $176.53 17002 . - "0152
ig~~g!{g~~~ngggJg;i;
ORANGE CO UNTY BOCC- PCard
. ELIBERT, MIGUERLINE YOUNG S-PEc'iALTIES --- -~ 1.!_11712~2i2' - 1i ,1112022 i $9,1~2 cio~:.7-I§L_:- :os2 --·i - -- . ORA'NGE c·ouNTY s occ~·p'car' d
:EUB,ERT, MIGUERLINE YOUNG SPECiALTIE-S 1112212022 1112212022; $675 00 :1002 - 062 --- I-- -- IORANGE' cci'UNT)'BOCC--PCarci
i FLOREs.-·oAISY 'svsco coRP 11/212022 - 1,iJ/io22·i -$68449 'ioo2 062 '7522 [4135 ' ORANGE COUNTY BOCC- PCard
. FLORES, DAISY IMPERIAL OADE- 11121/2022 - - -11122/2022; S6,974 63 . 5622 - ;0 62. --foi1 ... i 4.115 ORANGE COUNTY BOCC- PCard
MOORE, SANDRA CDW-GOVT #DS82359 _-~-- ~-~ --- 10/31/2022 11;1,2022 ($209.00) :7QQ3 · .. ios2 7522 4121 ORANGE COUNTY BOCC- PCard
1

MOORE~SANORA ~ CDW GOVT #DT3371S 10131/2022 ___ __ 11/112022 -- -- $206. 72 '7003 1062 - -·- 7522___ !4! 21 ORANGE COUNTY BOCC- Peard
.MOORE. SANDRA 'ODP BUS soi:.' LLC - .. -- -----10i31/2022] 111312022. . ·s3as:.iis ·1cii:i2· ___ ,: os2 _ _ ORANGE COUNTY BOCC- PCard
MOORE. SANDRA cow GOVT #DV23756 - -- . ___ _1_1l?~?0?2J 11ij i202· c- .. --~!~l-:~J':1qp.:L--_.. 06 2 ,ORANGE COUNTY BOCC- PCard
!MOORE, SANDRA . CDW<fov(i!ciiN02696 1113120221 111412022: s115.oo !7002 losz'--. !oRANGEcoONrY ·socC::-Pcard
!MOORE. SANOR.A AMZ.f.,i'Mktp us
ODP BUS soi: LlC
11/4/20221
111s12022i
1117i2022i - --- -$29.99 1700~!- '
11 17/20221 $96.48 7002
"l'cisi
- ~06,22, ''
iORANGE COUNTY Eibcc- PCard
iORANGE COUNTY"Eiocc~ PC:ard
'MOORE, SAtiDRA
'MOORE, SANDRA AMZN Mktp US 11/512022. "11ri12022' $142.55. 'i602" - -- ;ORANGE C'oUNTY BOCC- PCard
. AMZN Mktp US - - ,11ii72022 ---..- 1-im2022 $31.06 7002 !062 1bRANGE COUNTY BOCC- PCard
.MOORE, SANDRA
MOORE, SANDRA AMZN Mktp US i'11112022 111s12022 -- $669.i:fi-iio·r-- . ios2 ·oRANGE- COUNtv-socc- PC:ard
MOORE, SANDRA :AMZN Mktp US __ 11!6(:iq2t· - - ·11i9t2022- $156.22 7002 1062 - ,--- ---- · __:__ :ORANGE COUNTY BOCC- PCard
MOORE. SANDRA- i AMZN Mktp US 111612022. . 11is12022 S37.47 1002 TosT --:ok'ANGECOUNTY ifocc- PCard-
.MOORE. SANDRA SECOND HARVEST FOOD BAN-K 1!!!~~~~'.__ _:__ _11!1_5(2_0?_2 I $2,659.74J 1602 '. 052 ;. j Q~NQE_COUNTY BOCC- PCard
•MOORE, SANDRA ACCU-TECH CORPORATION 11 /15/2022 , 11/1612022 . $155.95 '7002 ·062 !ORANGE COUNTY BOC C- PCard
!MOORE, SANDRA TARGET ·--· ii/is12022 i 11116/20221' ' 'ssoo:00"7ooi " "'002 --
0
ORANGE COUNTY BOCC- PCard
jMOORE, SANDRA
IMO_O,RE. SANORA
•RUFF, SANDRA D
AMZN Mktp us
OCBCC CONVi:'NTION CENTER
EB- PFCE BOOT CAMP - __
H'.;~~l~;~I ·- ~.-gf!;}][{
11/9120221 11/1012022 1
JI~:~~~;~~~
$1 ,350.00 '7007
-r~:;
" 052 '7521
g~~~:--g~~~}~ ~~gg::g:~
ORANGE COUNTY BOCC-TCard
~
' RUFF, SANDRA[) ' E-B-AUTISM CONFERENCE- 11114/2022 - - 11 /15/2022'' ' ,,, si:i2.~ .:1007 ' 052 7521 " ciAANGE COUNTY BOCC- icard
RUFF,- SANDRA D SECOND HARVEST- FOO-D BANK --i-iTi-,ti'26i2 11/15/2022! S2,792.00 7007 ;ooz 752) . . . ___ --- .. _ ORANGE COUNTY BOCC- TCard
o
RU_~_F_,_S,AN,J?RA HILTON P'o'NCE GOLF AND GAS - 1111112022 11tisr202f- - -s149.oo 1001 ;os2 7521 6-RANGE-couNi'Y-eocc-: i'carc:i
RUFF. SANDRA D NATIONAL HEAD s1'Arfns·s·o- 11117/2022 __,__ 1111612022 $3,745.00 :1007 ---- i 062--- 7521 ORANGE. COUNTY BOCC-TCard
RUFF, SANDRA 6 souti=twEs-· ·s2ii2186260221 - 1111112022 11i i172022"__ _ S622.95-7o6i . [9s2 :7521 6AANGTcouNTY socc- i'card
RUF~ NDRA D iSOUTHW_ES 52621882602_23 .. ___ _ 1111112022. ·1112112g2f . . __ s_~?:_~9f)g.9J___ . j062 ;7521 . 2~":19_fgouN,TY Bogc- TCard

01
~ 254
Page 1 of 2
Novemoer. 2022 P-CARD REPORT
CFS- Dept 062

CH Full Name Comp Supp Name Purchase Date Post Date Amount GL: FUND GL: DEPT GL: UNIT_SUBUNIT GL: OBJ Program Card Name
IRUFF: SANDRA D ·- .. _ j SOUTHW~S_ 5~621882~~~}.__ 11/17/2022 -- ·11/21/2022 $622.95 7007 1062 17521 ORANGE COUNTY B0CC- TCard
.RUFF. SANDRA D i 11ii7i: w2f 1112112022 $622.95 7007 os2 · ·· _jz.~1 '.'f:0 R~FQE COUNTY B0CC- TCard
RUFF, SANDRA D
. RUFF, SANDRA D
I S0U:!!::I_W E? 52~2,~8_8,?~g224
SOUTHWES 5262188260225
HAM PTON iNN -· ..

11/17/2022
. 11/18/2022
11121/2022
11/21/2022
$622.95 7007
$38ioo 7007
062
·os2
!7521
17521
O.R A
. N.GE COUNTY B,0
. CC
. · TCard
ORANGE COUNTY B0CC- TCard
' RUFF, SANDRA D SPIRIT AIRl 4870327624716 11/21/2022 11/23/2022 .. ---j;3a,:·5s' 7007 062 - ·-:7521 ORANGE-COU NTY B0CC- TCard
i RUFF, SANDRA D EDUCATE 360 11/28/2022 11/29/2022 · s795j fo" foo7 062 . 17521 ORANGE COUNTY BOCC-TCard
iSANDERS:rilCK A LOWES #01598 11/312022 11/412022 $1 ,366.00 7003 062 !7534 ' 4115 ' l'ciRANGE· cc)l.iNTYBOCC-PCard
ISANDERS, NICK A LOWES #01598 ·111312022 1174i2022 ·-· ..··· · -57.48 7003 · · ... _0 62 __ !7534 3810 ORANGE COUNT Y socc: PCard
' SANDERS, NI!'.:_~ A LOWES #01598 11/3/2022 11/4/W22 $2,116.81 7003 062 . --17534 41i5 ORANGE COUNTY B0CC- PCard
! SANDERS, NICK A FLORIDA PAINTS 11/3/2022 . 11/7/2022 $18.80 7002 062 i7534 .. . ....... . ..... 3810 ORANGE COUNTY BOCC- PCard
!SANDERS, NICKI:,
I SANQl:RS, NICK A
LOWES.#0 1598
. GETMULCH.C0M ; ;~;;~;;: · +~~}~~~---~ $2~~::;;- ~g1--- --·----~~~ . J;;;: -1¾N~ g.~~~%~ gg~-~~~ ~ggg: :g:~~

I\.)
(Jl
(Jl 255
Page 2 of 2
Orange County Head Start
Policy Council
Meeting: November 15, 2022
Director's Program Information Update

National Updates

• Information Memorandum-ACF-IM-HS-22-08- Fiscal Year (FY) 2023 Monitoring


Process for Head Start and Early Head Start Recipients

In FY 2023, OHS will conduct Focus Area 1 (FAI) and Focus Area 2 (FA2) reviews and
Classroom Assessment Scoring System (CLASS®) video pilot and CLASS tribal
pilot. This Information Memorandum outlines the Office of Head Start (OHS) monitoring
process for FY 2023 and introduces the CLASS pilots to be conducted. For the FY 2023
review only, OHS is suspending the use of CLASS scores for Designation Renewal
System (DRS) detenninations. On-site review monitors will follow U.S. Centers for
Disease Control and Prevention health and safety guidelines. OHS is committed to
partnering with grant recipients when preparing for on-site reviews to maintain a safe
environment for children, families, and staff within the program. Orange County Head
Start is currently due for a Focus Arca 2 (FA2) review and anticipates a review later
this year. OCHS continues to make program monitoring a priority. (Attached IM-HS-22-
08)

• The Office of Head Sta1t Workforce hmovations released information regarding The
American Rescue Plan (ARP) Child Care Stabilization. ARP Child Care Stabilization
program has been an unprecedented lifeline for the childcare sector that helped parents
return to work and spurred economic recovery. In Florida 7,585 Child Care Programs have
already received American Rescue Plan Stabilization Support, impacting up to 703,200
children. ARP 's historic investment provided Florida with $ 1.5 billion for their Child Care
Stabilization program. The program has been critical to helping childcare centers and
family childcare providers remain open or reopen, keeping childcare workers on the
payroll, and ensuring families have reliable options for high quality care while they work.
• Due to an increase of the number of incidents in Head Start programs across the country,
OHS held a mandatory webinar on exploring patterns of chi ld health and safety incidents.
The webinar focused on how to prevent incidents. It also provided the expectations for
rep011ing health and safety incidents, identifies the federal staff to whom programs must
report and provided the time frame for reporting.

• ACF-IM-HS-22-07 Reporting Child Health and Safety Incidents


• Data Brief on Child Safety in Head Stait Programs
• iLookout for Child Abuse Training
• Active Supervision
• Positive Behavior Supr-ort
• Prioritizing Staff Wellness

Orange County Head Start continues to utilize the ChildPlus software to document any
health and safety issues. The program will host a training in the next com ing months256
to 256
inform program staff on how to report incidents and determine what must be provided to
the OHS.

• Information Memorandum ACF-IM-HS-22-07 09/27/2022 Reporting Child Health


and Safety Incidents

The Head Start Program Performance Standards (HSPPS) at 45 CFR § 1302.102(ct)( I )(ii)
require programs to "submit rep011s, as appropriate, to the responsible U.S. Department of
Health and Human Services (HHS) official immediately or as soon as practicable, related
to any significant incidents affecting the health and safety of program participants." This
includes any incident regarding staff or volunteer compliance with laws addressing child
abuse and neglect. This Information Memorandum (IM) clarifies repo11ing requirements
of 45 CFR § 1302.102(d)(l )(ii), including the responsible HHS official to whom programs
must report and the reporting timeframe. It also outlines the consequences for failure to
report during the given timeframe, explains the obligation to report child incidents in
blended classrooms, and offers examples of incident types that must be repo11ed. This IM
applies to all Office of OHS programs, including Head Start, Early Head Start, Migrant
and Seasonal Head Start, and American Indian and Alaska Native Head Start programs.
(Attached ACF-IM-22-07)

Regional

• Region IV Head Start Association announced the annual Region IV Head Stait
conference. The conference will be held February 20-24, 2022, in Atlanta, Georgia.
OCHS will travel with two members of the policy council (parents), two employees and
Head Start Director.

• OCHS was notified by the Region TV Head Start Association that Shamella Harmon,
Mental Health & Disabilities Coordinator was nominated for the State of Florida
representative for the Aubrey Puckett Memorial award.

• rs Hankins Education foundation & Alpha Phi Alpha fraternity hosted a book
drive for the children of Southwood Head Start. Each child was provided with a book to
start their own library at home. The State Facilitator for Alpha Phi Alpha fraternity, Inc.
was present and provided encouraging words.

• Orange County Head Start completed the requirements of the Quality


Improvement grant. The LPN & Administrative Specialists received a 3 .5% increase as
requested in the Quality Improvement grant. The Fiscal Oflicer position was approved by
the County Administrator to move forward with the recruitment process.

• Orange County Head Start Director and Sr. Program Manager of Education met
with Orange County Public Schools Technical School Early Childhood Depaitmenl.
OCHS plans to send parents and teachers through the Early Childhood Apprenticeship
program with the hopes of recruiting more staff.

257 257
• Orange County Head Start recognized two staff members during the Employee
Service Award for 20 years of service. Carmen Laboy, and Geronima Noemi Santana both
were recognized for 20 years.

• During the month of October several Head Start staff were deployed to work
shelters as shelter managers, and shelter workers during Hurricane Ian. Staff were also
deployed to work in the 311-call center.

• Southwood Head Start center sustained serious damages during Hurricane Ian.
The center was required to be closed. All the students were relocated to other sites to
include Millenia, Washington Shores Early Learning Center and South Orlando YMCA.

• ln recognition of Head Start Awareness Month in October, Orange County Head Start
held community parades, parent engagement events, and the Head Start Director presented
to the Orange County Mayor & County Commissioners. The presentation included
program goals, accomplishments, challenges, and future goals.
• Orange County celebrated Hispanic Heritage Month in both the administrative office and
throughout the 22 locations. The children learned about the different countries around the
world, through pictures, stories, and story tellers. Many of the centers allowed the
children to dress in clothing that represented their native homes.
• Orange County Head Start's fiscal unit held two virtual training workshops on the Public
Service Loan Forgiveness program and addressed FAQ & directions on completing the
paperwork. Head Start employees learned about the specifics of the program. OCHS plans
to follow up in the survey questions to determine if employees submitted the required
documents needed and received some assistance. The objectives were met and the
workshop was extremely successful.

National:

• During the month of October, the Office ofl·lead Stait used Workforce Wednesday to
focus on resources to support Hispanic, and Latino families. This was in recognition of
Hispanic Heritage month.

258 258
Child Plus Dashboard Homeless Reporting
November 22-23

1 Aloma 3 0

2 Bithlo 0

3 Callahan 4 4

4 Dillard 3

5 Dover Shores 5

6 East Orange 5 16
7 Engelwood 2

8 Hal Marston 4 3

9 Hungerford Elm 3 0

10 John Bridges 11 13

11 Lila Mitchell 0

12 McCoy 4

13 Millenia 2
15 Pine Hills 1 7

16 S .O. YMCA 9 1

17 Southwood 4 10
18 Taft 7
19 Three Points 4

20 Ventura 8 0

21 W.S. ELC 1

22 W .S. ELM 0

23 W . Oaks ELM 2

Total : 0
- - - t . - - - - - ' - -5-2 _ _i..,;.,;. :

Total # of homeless families· 84


Total# of families acquired housing or have left the progam: 4

Home less ADA 84.49%

259 259
ORANGE COUNTY HEAD START
Parent Family and Community Engage ment

I I O I< 1 D \

Monthly Homeless Report

November 2022
Millennia Pine Hills S.O. YMCA
Chld plus ID#: 89522 98093 95471 TOTAL

Follow Ups 1 0 0 1

Referrals visible and documented in system 0 0 0 0

TOTAL 1 0 0 1

Progress Gains

Site Millennia Pine Hills S.O. YMCA

Assessment Completion 1st FNA completed on 9/12/22 1st FNA com pleted on 12/2/22 1st FNA complet ed on 9/22/22

Family Serv ices Information Yes, and PIR has been updated Yes, PIR has been updat ed Has not been updated

No additiona l resources have No f/u or resources info


Resources family received from FS' been provided by staff. none at t his time. provided

I'\.)
0)
0 260
ORANGE COUNTY' HEADSTART2022-2023
ERSEA REPORT
MONTH: November 2022 YEAR: 2022-2023
I '

Monthly 10% IEP Actual M hi Monthly New Monthly New


F d d A ctua I EnroII ment y.
• E un e ' Drops W .ont
. App 1·1cat1on
. App 1·,cations
. 2023-
Sites nro11 ment ' Enrollment YTD aitmg LiSt 2022-2023 2024
'
Aloma 37 34 9% 6 1 2 N/A
Bithlo 34 27 4% 3 2 0 N/A
Callahan 49 40 6% 5 8 2 N/A
Dillard 36 33 12% 2 5 0 N/A
Dover Shores 54 54 2% 7 6 0 N/A
East Orange 112 103 2% 4 16 0 N/A
Engel wood 57 56 3% 2 10 0 N/A
Hal P Marston 80 71 0% 11 2 5 N/A
Hungerford 36 32 0% 4 2 0 N/A
John Bridges 129 105 1% 18 1 6 N/A
Lila Mitchell 70 54 4% 12 9 0 N/A
McCoy 37 37 3% 5 1 1 N/A
Millennia 35 27 11% 2 9 0 N/A
Pine Hills 188 137 3% 18 7 0 N/A
SO YMCA 54 37 0% 6 11 1 N/A
Southwood 109 80 4% 7 35 1 N/A
Taft 110 103 1% 14 2 3
Three Points 57 48 0% 4 0 0
Ventura 37 30 7% 6 0 s
WS ELC 89 62 6% 16 0 0
WS Elem entary 57 46 8% 2 0 0
We st Oaks Elm 35 27 0% 8
Total
~~~~~~~~~:
-~ ) :iri,iious:.Mif

Severe Chronic Absences (20% Over)


Moder at e Chronic Absences (10 -20% Over ) 16% 26% Sick
N 45% Transportat ion issues 11%
O') Not Chronically Absent (Less than 10%) 48%
.....l. 261
Orange County Head Start 2022-2023

Funded Returning New Applications Total Needed for Recruitment Efforts


Site Teacher Shortage
(Subje<t to Change) Enrollment Children Needed by Site for
(Subject to Change) (Subject to Change) Selections and/or Full Full Enrollment
enrollment (Subject to Change)
Joma 37 17 0 0 Indigo Kids Behavior, Dollar Tree, Man Street Children dentistry, E Orlando Pediatrics

ithlo 34 13 1 6 Laundromat of East Orlando, Christmas Post Office, Lovely Spa Na ils
allahan 49 28 1 2 NCF Commissioner Siplin, Citgo Restaurant

•ilia rd 36 19 4 3 Ocoee Orange County Clerk, First Choice Peds, Nemours Children Hea lth, Habitat for
Humanity, Ocoee Ped, WIC, Community Health Center Winter Garden, Fork & Flora Latin
Bistro

►over Shores 54 15 1 0 The Cornerstone Complex, President Supermarket, Bella Italian, Dover Shores Community
Center, My Access
astOrange 112 52 3 0 Hungry Howie's, East Orlando Dental, Pro Top Nails, Community Action Partners Meeting,
0 Timber Lakes School, Bonneville School, Castle Creek

n True Health, Sun Center, give flyers out to OCPS parents. Engelwood recreation center,
~lwonri ~7 2R 1
lL Star Meats, KFC/Taco Bell, Dunkin Donuts
80 40
la! Marston 1
4 Parents in HS, Mustard Seed, Kidswood Ped, Edgewater Ped, Klemira Ped, Zoe's Kitchen
:ungerford 36

ihn Bridges 129 61 2 2 Taylors Apartment, Marden Meadow Apt, Boys & Girls Club

ilaMitchell Washington Park Library, Orange County Health Dept, Neighborhood Center for Families
70 37 s 1

~cCoy 37 17 4 1 My Access, Coin Laundry, Dollar Tree

1illen nia 35 0 1 Beauty and beyond Beauty Supplies, The park at Highgate, Us Nai ls, r ecruitment event at
0 Pine Hills.
ine Hills 188 86 2 20 Barnett Park, Negri! Restaurant, Woodhill Apt, West Oaks Apt, Beacon Hill Apt,
0
outh Orlando YMCA 54 27 8 0 Children Home Society, Orange County Library
outhwood 109 58 5 8 The laundry room, Premium Beauty Outlet, Bravo Supermarket

aft 110 47 4 Pinnacle Points Apt, Meadow Woods Neighborhood, Pinnacle Cove Apt, TAFT ncf
2
hree Points 57 26 6 0 Barber Park Market, Church Nursery, Restaurant Las Cazuelas

entura 37 18 5 3 Indigo Kids Behavior, Dollar Tree, Man Street Children dentistry, E Orlando Pediatrics

VS ELC 89 34 0 2 Kirman Shoppes Plaza, Kirman Oaks/ The palms club, Bella Vita Apt, Bella Capri Apts
::::aribbean Key apt

Vashi ngton Shores Elementary S7 14 4 1 Kiwi Stop, Washington Shores Fish Market, Local Beauty Supply Store

Vest Oaks 35 0 0 Beauty Exchange Beauty Supply, One Stop Housing, Seana's Caribbean, Wood
Hi ll ant
~ .
l 'V
Total 1S02 65S 1 70

0)
N 262
_ _ . :-·-_ Orang~ pou:ntY:·ij~·~:q St~rt---_,-, - _
-.':Medical
'
.....
.
arid -tle:htarifi'oifj\11~:
. . -- ...
.•· - ..
;. ~--•- Hti-H}(R~porf
..·. · . ..·. ···-,._..:, ·_; . . ..... · ..· ...·. .·. __
- _ _ _ ,._,,. •• w
v .. ,,. __ . . .... ..... .... .

Program Year 2022-2023


Program Description October November
September
Aug-22
2022 2022 2022
Total Number of HS children served
1075 1087 1154 1195
(report source: CP2001)
Number of children meeting requirement of health physicals
1056 1071 1142 1184
(report source:CP3035)
Number of HS families referred to the FQHC for medical
41 5 11 19
and/or dental services. (report source: CP4120)
Number of HS children meeting medical home requirement
972 1085 1142 1191
(repo1t source: CP3021D)
Number of HS children meeting immunization requirement
1071 1081 1139 1189
(repo1t source :CP33?0)
Number of HS children meeting Dental home requirement
625 398 420 405
(reoort source: CP302 1D)
Number of HS children with an dental exam
438 440 499 405
(rep01t source: CP3035)
Number of children needing dental treatment
123 108 111 121
(report source:CP 2110)
Number of Health Action Plan (report source CP2 l 10) 164 168 174 187
Number of Site Visit for LPN monthly 22 18 16 22

1536 Funded
N
0)
<.,J 263
Child Plus Work Orders Reporting
November-22

0 Admin istrative Services 1 5

1 A lamo

2 Bithlo 3

3 Callahan

4 Dillard

5 Dover Shores

6 East Orange 2 4

7 Engelwood 1

8 Hal P Marston 1 4

9 Hungerford Elm 1 1

10 John Bridges 1

11 Lila Mitchell 2

12 McCoy

13 Millenia
15 Pine Hills 1 1

16 S.O. Y MCA

17 Southwood

18 Taft

19 Three Points 1

20 Ventura
21 W.S. ELC 1

22 W.S. ELM
23 W . Oaks ELM
Total: 8 22

Total# of work orders completed: 22


Total # of work orders pendi ng: §.

264 264
Head Start Project Roster

Life Cycle Pleyground Head Stan 11/212022 ln•progress 1212/2022 1,000.00 Waiting for vendor supplies and scheduling.
8ithlo Head Start Replace the Playground deck
Repairs

Life Cycle playground Head Star? 11i4/2022 in.progress 12/5/2022 Wailing for scheduling
2 East Orange Rubber playground mulch replacement
mulch

Life Cyele playground Head Start 11/4/2022 In.progress 12/2/2022 Waiting for scheduling
3 Hal Marston Rubber playground muleh replacement
mulch

Life Cycle playground Head Start 11/412022 In-progress 12/5/2022 Waiting for scheduling
4 Ula Mitchell Rubber playground mulch replacement
mulch
-···-"··-···- - - - --
5 Pine Hills Classroom smart boards Classroom Improvements Head Start ln•progress 12/512022 Pending more smart boards. Training will follow.

·--·-·-·--···-··-····- - ···--··-·------· ·-········------····-· · · - - - - - - - - - - - - - - - --


6 Eng!eWood Office partitions FSW Partitions for social distancing Head Start 11/512022 ln•progress 12/1/2022 VI/ailing scheduling I project design

Capital Summer Demo started by c:onstNction vendor. New Community i


7 South Wood Head Start Playgroun<l expansion for Construction in progress 7/17/22 In-progress
the communit~ Projects start up Playground. Under ground drains complete
--·- ·--- -------- --·----·-···-·······--·----·····
8 Millennium Welk up gate DCF Entrance ar,d exil gate Head Start 12/112022 In-progress 12/5/2022 Waiting approval

10

13
----------·-·-- - - -------- "- •·••--·-·---··-·--
14
- -- - -·"- "·- ·-·-----·------·-··--·-·- - · - - - - - --
15

·-·-·-- -·------- -
17

18

19
' ····--·-·----··-··-··--·--•·· - - - - - - - - - -- -- --·-- -- - - -

I\.)
0)
(Jl 265
12/5/2022
BASELINE NOVEMBER NOVEMBER BENCHMARK
Approaches to learning 545 574 501
Early Math 496 522 480
Language & Literacy 488 512 464
Physical Health Development 511 528 480
Socia l and emotional 489 518 463

Orange County Head Start


600 ~ - - - - - --_JMO:hildren w/_JS._.___ _ _ __ _ _ __
500
~BASELINE

400
~NOVEMBER
300
- NOVEMBER
200 BENCHMARK

100

0
Approaches to learning Early Math Language & Liter acy Physical Health Social and emotional
Development

I\.)
O')
O') 266
BA SELINE NOVEMBER NOV BENCHMARKS
Approaches to learning 516 552 501
Early Math 481 507 480
Language & Literacy 459 486 464
Physical Healt h Development 491 518 480
Social and emotional 462 504 463

Orange County Head Start


600
Children w/ Individual Education Plan {IEP)

SOD

400 11:a!:1 BASELINE

300
B!lll!llNOVEMBER

200
- NOV BENCHMARKS

100

0
Approaches to Early Math Language & Literacy Physical Health Social and emotional
learning Development

267
BASELINE NOVEMBER NOV BENCHMARKS
Approaches to learning 576 591 501
Early Math 528 547 480
Language & Literacy 510 523 464
Physical Health Development 538 551 480
Social and emotional 520 555 463

Orange County Head Start


Children w/ Behavior Plan
600

500

400

--BASELINE
300
- NOVEMBER

200 - N OV
BENCHMARKS

100

0 •, •: ·

Approaches to
. le·~~~jf.it .

N
0)
(X) 268
Orange County Head Start
Early Child hood Assessment Scores
Four Yea r Old (4 Yrs) Novembe r 2022

700

600
5§4 7 551 549
531
500
514 -'il 6 510 501
..· · ~ ..-
502502 .,. ~4 •:J

400

300

200

100

0
Appr to Creative Early Math English Language Literacy Logic and Nature and Physical Social and Social Technology School
Learning Arts Language Resoning Science Dev Emotional Stud ies Readiness
Acquisition
:::::::: OCHS 4 yrs old children i n the Ga lileo System November 670 ~ Nation 4 yrs old children in the Galileo System November 22S9

Benchmark November

*The Developmental Sco res (DL) indicat es the Orange County Head Start first- and second-year enrolled children's position in the Gali leo Developmenta l
Progression Validated System in comparison with the Nation.

Benchmark November 2022


App I CA I Ek/ I ELA ! LAN I LIT I L&R I N&SC I PD&H I S&ED I ss I TECH I SR
I 553 I 504 I 515 I 484 I 495 I 551 I 488 I 499 l 484 I s23 I 514 I 502
·-
J]J
0)
c.o 269
Orange County Head Start
Early Ch ildhood A sse ssme nt Scores
Th ree Ye ar Oid {3 Yrs) November 2022
600
533

489 493 483 487


500 478 ~ 469

iI 453445 447439
457 471459

400
l aj
s-l
,;/
f,rs.-i
''tl/, .

300 Il it•'
;,/l
i
ii

,~~
200
i

100
'
1
;
~

,. ..
.,
0
~-~
Approa ches Creative Arts Early Math English Language Literacy Logic & Nature and Physical Social & Socia l Studies Technology Schoo l
to Learning Language Reasoning Science Development Emotionai Readi ness
Acquisitio n & Health Development
.::; OCHS 3yr old children using Galileo System November 506 c_, Nation 3yrs old chi ldren using Galileo System November 2382

'The Developmental Scores {DL) indicates the Orange County Head Start first year enrolled children' s position in the Ga lileo Developmental Progression Val idated System in compa rison w it h the Nation.

BENCHMARKS November 2022

APL CA EM ELA Lang Lit LR NS PDH SEO 55 Tech SR

~ 78' 497 456 "48IJ. . ',434 ' ' '.44_3 '


0 270
FAM I LV _.-· -~~ • ,. : ; : •

>~~·~)~;;
l'' • (

,!"·~- /~~-

ENGAGEMENT
Monthly Report: Nove,nber 2022

Fami/p E11gageme11t Activities


• Number of Fatherhood Activities: September 22. October ll_and November .!ii
• Number of fatherhood Participants: September _351 and October 294 and November 264
• Number of Parent Educational Trainings provided: September Q and October .lQ and November 11
• Number of Parents attended: September 133 and October 251 and November 7:.7_6

Familp Monthly Progressions


• Number of Fami lies Experiencing homelessness: September ill, October 133 and November 132
• Number of Families Acquired housing: September~. October 2.1. and November :1
• Number of ESL/G ED training and/or adult learning programs: September .Q, October 21 and November 22
• Number of Parents involved in Health Education: September 140, October 275 and November 156

Family Assessments
Farnily Needs Ass(~ssrnents

Partnership Agreements/Goal Settings


P ,ntn,;1 r s hip ,l\ green1ent/Go al S,'!tting

271 271
......
-- ---·

U.S. DEPARTMENT OF HEALTH


AND HUMAN SERVICES
ACF -- . -- -
Administration for Children 1. Log No. ACF-IM-HS-22-08 II 2. Issuance Date: l 0/21/2022
and Families
.3. Originating Office: Office
·-
...
of Head Stait
~

4. Key Words: Monitoring; FY 2023; CLASS®

INFORMATION MEMORANDUM

TO: All Head Start and Early Head Start Recipients

SUB.JECT: Fiscal Year (FY) 2023 Monitoring Process for Head Start and Early Head Start
Recipients

INFORMATION:
Section 641 A of the Improving Head Start for School Readiness Act of 2007 requires the Office
of Head Sta11 (OHS) to implement ongoing monitoring of all programs receiving federal funds.
OHS recognizes that grant recipients are recovering from and continue to face multiple
challenges as a result of the COVID-19 pandemic. In FY 2023, OHS will conduct Focus Area 1
(FA I) and Focus Area 2 (FA2) reviews and Classroom Assessment Scoring System (CLASS®)
video pilot and CLASS tribal pilot.

This Information Memorandum outlines the OHS monitoring process for FY 2023 and
introduces the CLASS pilots to be conducted. For the FY 2023 review only , OHS is suspending
the use of CLASS scores for Designation Renewal System (DRS) determinations.

On-site review monitors will follow U.S. Centers for Disease Control and Prevention health and
safety guidelines. OHS is committed to pattnering with grant recipients when preparing for on-
site reviews to maintain a safe environment for children, fami lies, and staff within the program.

FY 2023 Monitoring Reviews

Review Type FY 2023 Implementation Start Date


FA 1 reviews will be conducted
FA! November 2022
through a virtual format.
FA2 reviews will be conducted using a
hybrid model , which is a combination
FA2 October 2022
of on-site and virtual monitoring for
the FY23.
CLASS reviews will be conducted as
part of a video pilot for the FY23.
CLASS Video Pilot October 2022
Scores will not be used for DRS
determinations.

272 272
Review Type FY 2023 Implementation Start Date
CLASS American Indian and AIAN CLASS reviews will be
Alaska Native (AIAN) Self- conducted in a self-review pilot for the November 2022
review Pilot FY23.
Follow-up reviews will be conducted Start dates will coincide with
Follow-up Reviews either in-person or vi11ually by the the end of the corrective action
OHS regional office. period.
Start dates will coincide with
AlAN reevaluation reviews will be
the Tribal DRS Consultation
AIAN Reevaluations conducted either in-person or virtually
process and Plan to Improve
by the OHS Regional Office.
Quality.
OHS reserves the right to conduct
Other TBD, as needed
special off-site or on-site reviews

FAl Reviews

The FA 1 review is an opportunity for recipients to discuss their program design, management,
and governance structure. This focus area develops OHS's understanding of each recipient's
foundation for program services. Recipients describe approaches to staffing structure, program
design and governance, health and family services, and fiscal infrastructure.

FA2 Reviews

The FA2 review is an oppo.rtunity for recipients to demonstrate their effectiveness in


implementing a high-quality program to promote positive outcomes and school readiness for
children and their families. This focus area broadens OHS's understanding of each recipient's
performance. It also detennines if programs are meeting the requirements of the Head Start
Program Performance Standards, Uniform Guidance, and Head Start Act.

CLASS

ln FY 2023, OHS is conducting CLASS video and tribal pilots. The pilots engage recipients in
the CLASS review process, determine the viability of video reviews, ensure cultural sensitivity,
and provide scores and information to support recipient professional development. They also
allow OHS to better understand the experiences of Head Start programs during the pandemic in a
way that is positive, proactive, and supportive. The CLASS video and tribal pilots offer
additional insight into programs serving children, families, and communities that have been
disproportionately impacted by the COV ID- 19 pandemic.

The CLASS video pilot allows recipients to upload videos for scoring through OHS-designated
software. Recipients who would have been scheduled for an on-site CLASS review in FY 2023
are selected to participate in the pilot. They will receive a letter with detailed instructions on
video submission, technology requirements, and other general participation instructions.
Recipients who are not selected for the pilot but who would like to paiticipate can be added to a
waitlist in case a slot becomes available. The tribal pilot does not currently include video.

273 273
Scheduling

Each year, recipients are required to submit an accurate calendar of availability. The infonnation
is used to schedule monitoring reviews by OHS regional office staff. The availability calendar
also gives recipients a way to inform OHS as to when their program is not operational and when
children are not in session. Recipients should update their calendars as changes in program
availability occur. Please note that OHS is unable to accommodate requests to reschedule
reviews. OHS also reserves the right to conduct unannounced reviews at any time.

Recipients scheduled to receive a monitoring review in FY 2023 will receive a notification letter
at least 45 days prior to the start of the event. Recipients can expect a planning call with their
assigned review lead to discuss their FA2 review. During the initial call, recipients may share
their program's current service delivery options and any changes as a result of the COVID-19
pandemic.

Advancing Equity

As one of our top priorities, OHS is focused on advancing equity, supporting programs'
pandemic response and recovery, investing in the workforce, and reaching more children and
families. Head Start programs lead their communities in advancing equity by providing services
that support the development of the whole child cognitively, physically, socially, and
emotionally, and by implementing systems that promote an inclusive culture. OHS is committed
to advancing equity for all eligible individuals to support historically underserved communities.

If you have any questions or concerns regarding the FY 2023 monitoring season, please contact
your regional office.

Thank you for the work you do on behalf of children and families.

/ Katie Hamm /

Katie Hamm
Acting Director
Office of Hea<l Start

274 274
Enrollment Reductions and Conversion of Head Start
Slots to Early Head Start Slots
{I ecll<c.ohs.acf.hhs.gov/P.olicY.lim/acf-im-hs-22-09

View the Latest COVID-19 UQdates from the Office of Head Start

Enrollment Reductions and Conversion of Head Start Slots to Early


Head Start Slots
ACF-IM-HS-22-09
.U,.$.,..(Unit~d..$.t.c;1.t~s.) Department
of Health and Human Services

ACF
Administration for Children and Families

1. Log Number: ACF-IM-HS-22-09


2. Issuance Date: 11/07/2022
3. Originating Office: Office of Head Start
4. Key Words: Enrollment Reduction; Slot Conversion; Change in Scope Requests

Information Memorandum
To: All Head Start and Early Head Start Grant Recipients

Subject: Enrollment Reductions and Conversion of Head Start Slots to Early Head Start
Slots

Information:
The Head Start program is a national model in the field of early care and education (ECE) for
providing high-quality services to children and families most in need. Head Start programs
provide comprehensive services and promote progress in children's early learning outcomes
in under-resourced communities and support positive family outcomes.

The Office of Head Start (OHS) recognizes that community needs shift over time for various
reasons . These reasons may include changes during and after disasters and public health
crises, changes in the availability of community resources relied upon to provide program

275
~75
services, and shifts in geographical location of eligible children and families. Section 640(g)
Gi) of the Head Start Act (the Act) allows programs to propose a reduction to their funded
enrollment to maintain quality of program services. Additionally, Section 645(;;!.)_(Q.) permits a
program to convert Head Start slots to Early Head Start slots to better meet community
needs. Similarly, Section 640(f)(2) of the Act allows programs to convert part-day slots to full-
working day slots to meet community needs.

A request to reduce funded enrollment or convert Head Start slots to Early Head Start slots
is considered a change in scope request and requires .O.H.S...(Qffi~~..o.tH.e.ad..$.t.Qr.t) prior
approval. Recipients may submit a change in scope request through a continuation
application or as a separate application amendment in the Head Start Enterprise System
(HSES). Change in scope requests must be submitted a minimum of 90 days prior to the
planned implementation date. This Information Memorandum (IM) provides additional
guidance for the development and submission of these requests.

Enrollment reductions and conversions are permanent adjustments to funded enrollment.


Therefore, the decision to request a reduction or conversion should be based on actual
changes in the community and program adjustments necessary to maintain a high-quality
program with qualified staff, supported by data and documented need, and not based on
anticipated changes . It is important to consider community partnerships and resources in the
service area, short and long-term goals, and program sustainability when considering a
change in scope request. Programs must demonstrate that a change in scope request is
data-informed and explain how the requested changes will improve quality of services for
children and families, better meet community needs, support staff, and promote a
sustainable program.

What to Consider Before Requesting an Enrollment Reduction or


Conversion

Prior to submitting an enrollment reduction or conversion request, recipients must consider,


at a minimum, the following.

Community Assessment

Programs are required to conduct a community assessment at least once over the five-year
grant period and review and update it on an annual basis to reflect any significant changes.
When considering a change in scope request, it is essential to demonstrate how the
proposed changes will best meet the needs of eligible children and families and consider
strengths and resources of the community.

Annual Self-assessment, Program Improvement Plans, and Ongoing Oversight

276
~76
As described in 45 CFR §1302.102(a-b), programs must conduct an annual self-assessment
to evaluate: progress in meeting established agency-determined program goals, compliance
with the Head Start Program Performance Standards (HSPPS), and the effectiveness of
professional development and family engagement systems for improving children's school
readiness in alignment with the Head Start Early Learning Child Outcomes Framework. The
data collected must be used for continuous improvement, including development and
implementation of program improvement plans to strengthen any identified areas of need (45
CFR §1302.102(b-c)). Programs are also required to implement a system with procedures
for the ongoing oversight of meeting program requirements in which data is collected to
inform the process. Programs must use data from both the annual self-assessment and
ongoing oversight, alongside other program data, to inform their program improvement
plans.

Staffing and Training

Programs must consider the staffing and training needs for their proposed program design,
including necessary compensation and staff supports to implement a sustainable high-quality
program. A stable, healthy, highly skilled, and well-compensated workforce is vital to
providing the highest quality of services to promote children's development and support
families. Programs should consider the availability of qualified staff in their community and
the types of training, education, compensation, and supports necessary to attract and retain
staff. Further guidance on strategies to support the Head Start workforce can be found in
ACF-IM-HS-22-06 Strategies to Stabilize the Head Start Workforce. Programs are expected
to use their data on staff, enrollment, and service delivery to inform changes to support a
high-quality workforce while not reducing the quality of services for children and families.

Wage Comparability Study

Programs conduct wage comRarability studies to evaluate and set fair compensation rates
and support compliance with Section 653 of the Act. Wage comparability studies compare
the compensation rates of current Head Start employees and the pay scales for positions in
the program to compensation paid for comparable services in the service area or other
neighboring areas, including salaries for .~C.~.(~.>.<.c.e.ll.e.o~~-in...e..~rJy..c:;hiJ.oJ:1QQ.d..e..ctu~ali.o.C1) and
elementary school staff. If requesting a change in scope for the purpose of freeing up funds
to increase staff compensation, the program's request should be supported by findings from
the wage comparability study or by current data on comparable wages in the community or
documented challenges in filling vacancies that impact the program's ability to deliver high-
quality services. Programs should focus on positions for which staffing challenges are most
pressing and are impacting the program's ability to provide high-quality services to their
funded enrollment. Research has shown ethnic and racial disparities in pay exist fo r the EC.E
.(E";x._c;_e.ll.e.nQ~.in..e.arlyJ;h.ildbQQQ..e.ctuks:}Jj.o.r:t) field, so programs are encouraged to consider
equity issues in pay and benefits for staff.

Service Delivery Model


277
When proposing changes to the existing service delivery model, it is critical the process is
data-informed and draws upon information from community assessments, annual self-
assessments, program improvement plans, ongoing oversight, wage comparability studies,
enrollment, and other relevant internal and external data. Programs must carefully review
data related to enrollment and recruitment of families, demographic changes in their
community, the geography of poverty in the service area, and other factors presenting
challenges in meeting community needs or providing high-quality program services.
Programs should then review their proposed program design to make sure any requested
changes to services and resources are aligned to meet the needs of the children and families
in their community and address the underlying issues causing identified challenges.

Service duration should also be considered, as research supports the importance of longer
hours of high-quality education and development services in achieving meaningful child
outcomes and preparing children for success in school. Programs operating for longer hours
may also better support parents' education, job training, and employment opportunities.
Programs that received funding to increase service duration in fiscal years 2016 or 2018
must demonstrate they are not eliminating, converting, or reducing the duration of services to
enrollment slots supported by duration funding. As a reminder, Head Start center-based
programs are required to provide at least 1,020 annual hours of service over a period of at
least eight months per year for at least 45% of their center-based enrollment. Family child
care and Early Head Start center-based programs are required to provide at least 1,380
annual hours of service for 100% of their enrollment slots. These requirements are found in
the .HS.PPS__(H~iHLSta.ct.P.mgrnm..P.~r.fmroanQ~..Stw.i.dar.cts.) at Program Structure, 45 CFR
§1302 SubRart B.

Administrative and Supervisory Staff Structure

Programs should carefully assess how proposed changes to the program design will impact
the administrative and supervis9ry structure. Depending on the proposed change and overall
size of the organization, positions that do not provide direct classroom services may present
opportunities to either eliminate or combine other positions with minimal impact on program
quality and operations. Programs should also review the reasonableness of the percentage
of each administrative staff's compensation which is being charged to the grant and be sure
that the percentage is consistent with the amount of time that individual is engaged in Head
Start or Early Head Start matters.

Recipients with indirect cost rates need to make sure Head Start and Early Head Start
programs are fully benefiting from any costs charged , using these rates, to the grant. As a
reminder, complying with the 15% administrative cost limitation does not, in and of itself,
mean there are not administrative costs which can be reduced. If proposing salary
adjustments for administrative or supervisory staff, please include a justification and listing of
the annual salaries and amount charged to the grant.

278
Equity

Programs are encouraged to carefully consider how the outcomes of the proposed request
will affect different demographics. This includes historically marginalized populations, such
as Black, Latino, Indigenous and Native American, Asian Americans and Pacific Islanders,
and other people of color; children experiencing homelessness; children in foster or kinship
care; children with disabilities; and children who are dual language learners. In addition,
programs should consider whether the proposed program design will improve or exacerbate
existing disparities and how the proposed program design will be perceived by different
populations within their service area. Where possible, programs are encouraged to include in
the decision-making process those who will be affected by changes to the program.

Ongoing Budget

When considering a change in scope request, programs should first consider their vision and
goals for services and construct a budget accordingly. Then, the grant recipient should
evaluate their existing program design and enrollment to determine what necessary program
and budgetary adjustments are needed to achieve that vision . Considerations of the
program's anticipated costs for annual operations, program options, staffing and ratio
requirements, as well as differences in equipment and supplies, should be assessed. Staffing
ratios must ensure compliance with the .H~P.P..$...(t:l~P..d..Stg_ct.P.mmam..P.~.r:fmmanQ~.
.$.t~.n..ctar.d.s.). For staffing positions that do not have mandated ratios , please include the
rationale used to determine the full-time equivalents needed for such positions. In addition, a
detailed budget narrative justification for changes within and between each object class
category is required. As always, proposed expenses will be evaluated for reasonableness
and allowability and how they support high-quality services.

How to Submit a Change in Scope Request

Change in scope requests must be submitted as part of a continuation application or as a


separate change in scope application amendment in tlS.~.$...(tl.~ad..St.ar:t.Ent~r.P.ri:'?~..SY~t~m),
at minimum, 90 days prior to the planned implementation date. However, programs are
strongly encouraged to work close ly with their Regional Office throughout the planning and
development of the request. This will make sure the proposal and application meet all the
requirements prior to official submission of the request.

All change in scope requests must include complete program schedules, application
narratives, and detailed budget narratives. Change in scope requests must demonstrate the
proposed program design will deliver the full range of services consistent with 45 CFR
§ 1302.20(!2}. In addition, the requested program design must effectively support the
appropriate development and progress in children's early learning outcomes as outlined in
Education and Child DeveloQment Program Services, 45 CFR §1302 SubQart C. Program
and budget narratives for Head Start to Early Head Start conversions must address all items
outlined in 45 CFR §1302.20(c) and the Head Start Grant Application Instructions. Governing

279
body or Tribal Council and Policy Council approvals are required prior to submitting a change
in scope request. All change in scope requests are subject to approval by .0.1:i.$...(Qffi~~-9.f
.tl.~.Q.d ..$.t~r.t,). Additional information outlining critical questions and data to consider as part of
the planning and development for both enrollment reduction and conversion requests is
detailed in the Enrollment Reduction and Conversion Armendix.

If you have any questions regarding this IM, please contact your regional office. Thank you
for the work you do on behalf of children and families.

Sincerely,

/ Katie Hamm/

Katie Hamm
Acting Director
Office of Head Start

See PDF Version of Information Memorandum:


Enrollment Reductions and Conversion of Head Start Slots to Early Head Start
Slots [PDF, 47KB]
Historical Document

280
ORANGE COUNTY GOVERNMENT
HEAD START
GOVERNMENT
PLOUIUA POLICY COUNCIL
MEETING MINUTES
Holden Heights Community Center
1201 20th Street
Orlando, FL 32805
November 17, 2022

Call to Order by: Sonya Hill, Director at 6:48 p.m.


Roll Call by: Sandra Moore

Attended By:

Edith Vazquez Lopez Aloma Representative


Anny Nunez Aloma Alternate
Darnellion Brown Callahan Representative
Rosa Emilia Tejeda Dover Shores Representative
Demie DeJesus Dover Shores Alternate
Chistine Marrero Engelwood Representative
Sharron Jacob Hal P. Marston Alternate
Greilyn DeLosSantos Hungerford Alternate
Telmelah Brooks John Bridges Representative
Cindra Guillaume Lila Mitchell Representative
Leonard Jabouin Lila Mitchell Alternate
Daniel Hernandez SOYMCA Alternate
Natalie Juarez Southwood Representative
Judy Lopez Three Points Representative
Wendy Torres Three Points Alternate
Jennifer Martinez Ventura Representative
Chevelle Teague WS/ELC Representative
Juliett Douglas West Oaks Representative

Quorum Established

Staff:
Sonya Hill Main Office
Sandra Moore Main Office
Yvette Meade Main Office
Pedro Berrios Warehouse
Zhor Elmekali Pine Hills
Polly Bouler Hal Marston
Yolanda Soto Millenia Elementary

This meeting served as a training on how to run a meeting and the voting of the Executive
Committee members.

281 281
Policy Council Meeting Minutes

Ms. Hill held a mock meeting holding the roll call, making motions, how unit reports and
manager's reports would be presented, etc.

Ms. Hill reviewed the roles and responsibilities of the Executive Committee.

Nominations were made and each nominee spoke for several minutes to express their desire and
qualifications for the specific roll.

Voting took place and the Committee was set;

Chevelle Teague - Chairperson


Damellion Brown - Vice Chairperson
Jennifer Martinez - Treasurer
Edith Vazquez Lopez - Parliamentarian
Natalie Juarez - Secretary

Meeting Adjourned at 7:18 p.m.

Next -Policy Council Meeting


December 15, 2022

282 282
O~E I. CONSENT AGENDA

cfflfry
CORRECTIONS DEPARTMENT
1

GOVERNMENT
F L OR I DA

January 6, 2023

To: Mayor Jerry L. Demings


-AND-
County Commissioners (
1

Thru: Daniel P. Banks, Deputy County A~m_i ~ o r

From: Louis A. Quinones, Jr., Chief of Co;rections ~ v?~


Orange County Corrections Department [){· (/,~.-..-..

Contact: Andrea Lowery, Manager, Corrections Fiscal and Operations S


Corrections Department

Subject: Consent Agenda Item - January 24, 2023


Memorandum of Understanding Between Orange County, Florida, on
Behalf of Its Orange County Corrections Department, and Florida Highway
Safety and Motor Vehicles for electronic access to the Driver And Vehicle
Information Database System

The purpose of this Memorandum of Understanding is for Florida Highway Safety and Motor
Vehicles to establish the conditions and limitations under which it agrees to provide electronic
access to the Driver And Vehicle Information Database System information to Orange
County, Florida, on behalf of its Orange County Corrections Department.

ACTION REQUESTED:

Approval and execution of Memorandum of Understanding for Governmental Entity Access


to Driver and Vehicle Information Database System (DAVID) by and between Orange
County, on behalf of the Orange County Corrections Department, and the Florida
Department of Highway Safety and Motor Vehicles.

cc: Andrea Lowery, Manager, Corrections Fiscal and Operations Support


Kambria Anderson, Monitoring and Evaluation Coordinator
File

283
283
Contract Number HSMV-

MEMORANDUM OF UNDERSTANDING
FOR GOVERNMENTAL ENTITY ACCESS TO
DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID)

This Memorandum of Understanding (MOU) is made and entered into by and between
Orange County, on behalf of the Orange County Corrections Department

hereinafter referred to as the Requesting Party, and the Florida Department of Highway Safety and
Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to as the Parties.

I. Purpose

The Providing Agency is a government entity whose primary duties include issuance of motor vehicle
and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic,
travel, and public safety upon Florida's public highways.

In carrying out its statutorily mandated duties and responsibilities, the Providing Agency collects and
maintains personal information that identifies individuals. This information is stored in the Department's Driver
and Vehicle Information Database system, commonly referred to as "DAVID." Based upon the nature of this
information, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721 ,
the Driver's Privacy Protection Act (hereinafter "DPPA"), Section 119.0712(2), Florida Statutes, and other
statutory provisions.

The Requesting Party is a government entity operating under the laws and authority of the state of
Florida and/or operating under Federal laws. As a government entity, the Requesting Party may receive
personal information from DAVID under the government agency exception provided in DPPA as indicated in
Attachment I. The Requesting Party utilizes DAVID information for the purposes of carrying out its statutorily
mandated duties and functions.

This MOU is entered into for the purpose of establishing the conditions and limitations under which the
Providing Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of the
data by the Requesting Party shall only be for lawful purpose.
II. Definitions

For the purposes of this Agreement, the below-listed terms shall have the following meanings:

A. DAVID - The Providing Agency's Driver and Vehicle Information Database system that accesses and
transmits driver and vehicle information.

B. Driver License Information - Driver license and identification card data collected and maintained by the
Providing Agency. This information includes personal information as defined below.

C. Emergency Contact Information (ECI) - Info rmation contained in a motor vehicle record listing
individuals to be contacted in the event of an emergency. Emergency contact information may be
released to law enforcement agencies through the DAVID system for purposes of contacting those
listed in the event of an emergency, as noted in Section 119.0712 (2)(d), Florida Statutes.

D. Driver Privacy Protection Act {DPPA) - The Federal Act (see, 18 United States Code§ 2721, et seq.)
that prohibits release and use of personal information except as otherwise specifically permitted within the
Act.

E. Government Entity - Any non-law enforcement agency of the state, city or county government and
all Federal agencies, which may include Federal law enforcement agencies.

F. Insurance Record - Insurance information. such as Insurance Company name, policy type, policy status,
insurance creation and expiration date provided to the Requesting Party, pursuant to Section
324.242(2), Florida Statutes.

DAVID {Government Entity) MOU NTIS {New 12/2019) 284


284
G. Parties - The Providing Agency and the Requesting Party.

H. Personal Information - As described in Chapter 119, Florida Statutes, information found in the motor
vehicle record, which includes, but is not limited to, the subject's driver identification number, name, address,
telephone number, social security number, medical or disability information, and emergency contact
information.

I. Point-of-Contact (POC) - A person(s) appointed by the Requesting Party as the administrator of the DAVID
program in their agency.

J. Providing Agency - The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency is
responsible for granting access to DAVID information to the Requesting Party.

K. Quarterly Quality Control Review Report - Report completed each quarter by the Requesting Party's POC
to monitor compliance with the MOU. The following must be included in the Quarterly Quality Control Review
Report:

1. A comparison of the DAVID users by agency report with the agency user list;
2. A listing of any new or inactivated users since the last quarterly quality control review; and
3. Documentation verifying that usage has been internally monitored to ensure proper, authorized use
and dissemination.

L. Requesting Party - Any Government Entity that is expressly authorized by Florida Statutes and DPPA to
receive personal information contained in a motor veh icle record maintained by the Providing Agency.

M. Vehicle Information - Title and registration data collected and maintained by the Providing Agency for vehicles.

Ill. Legal Authority

The Providing Agency maintains computer databases containing information pertaining to driver's licenses
and vehicles pursuant to Chapters 317,319,320,322, 328, and Section 324.242(2), Florida Statutes. The driver
license and motor vehicle data contained in the Providing Agency's databases is defined as public record
pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted
bylaw.

As the custodian of the state's driver and vehicle records, the Providing Agency is required to provide
access to records permitted to be disclosed by law and may do so by remote electronic means, pursuant
to Sections 119.0712(2), 320.05, 321 .23, 322.20, and 324.242(2), Florida Statutes, and applicable rules.

Under this MOU, the Requesting Party will be provided, via remote electronic means, information
pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant to
Section 11 9.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party agrees to
maintain the confidential and exempt status of any and all information provided by the Providing Agency
pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall
do so in compliance with Section 119.0712(2), Florida Statutes and DPPA In addition, the Requesting Party
agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes.
Furthermore, the deceased date of an individual shall only be provided to a Requesting Party that meets the
qualifications of 15 CFR §1110.102. Disclosure of the deceased date of an individual, which is not in compliance
with 15 CFR §1110.1 02, is punishable under 15 CFR §1110.200. Additionally, because the Social Security
Administration does not guarantee the accuracy of the Death Master File (DMF), the Requesting Party is reminded
that adverse action should not be taken against any individual without further investigation to verify the death
information listed (A notice from the Social Security Administration addressing the foregoing is attached hereto and
incorporated herein by reference).

This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from this
MOU shall be in Leon County, Florida.

DAVID (Government Entity) MOU NTIS (New 12/2019)


285
Page 2 of 9 285
IV. Statement of Worl<

A. The Providing Agency agrees to:

1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement.

2. Provide electronic access pursuant to established roles and times, which shall be
uninterrupted except for periods of scheduled maintenance or due to a disruption beyond
the Providing Agency's control, or in the event of breach of this MOU by the Requesting
Party. Scheduled maintenance will normally occur Sunday mornings between the hours of 6:00
AM. and 10:00A.M., EST.

3. Provide an agency contact person for assistance with the implementation and administration
of this MOU.

B. The Requesting Party agrees to:

1. Utilize information obtained pursuant to this MOU, including Emergency Contact Information
(ECI), only as authorized by law and for the purposes prescribed by law and as further described
in this MOU. In the case of ECI, such information shall only be used for the purposes of
notifying a person's registered emergency contact in the event of a serious injury, death, or
other incapacitation . ECI shall not be released or utilized for any other purpose,
including developing leads or for crimina l investigative purposes.

2. Retain information obtained from the Providing Agency only if necessary for law enforcement
purposes. If retained, information shall be safeguarded in compliance with Section V.
Safeguarding Information, subsection C.

3. Ensure that its employees and agents comply with Section V. Safeguarding Information.

4. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or


obligations under this MOU, without the prior written consent of the Providing Agency.

5. Not share, provide, or release any DAVID information to any law enforcement, other
governmental agency, person, or entity not a party or otherwise subject to the terms and conditions
of this MOU.

6. Protect and maintain the confidentiality and security of the data received from the Provid ing
Agency in accordance with this MOU and applicable state and federal law.

7. Defend, hold harm less and indemnify the Providing Agency and its employees or agents from
any and all claims, actions, damages, or losses which may be brought or alleged against its
employees or agents for the Requesting Party's negligent. improper, or unauthorized access.
use, or dissemination of information provided by the Providing Agency, to the extent allowed by law.

8. Immediately inactivate user access/permissions following termination or the determination of


negligent, improper, or unauthorized use or dissemination of information and to update user
access/permissions upon reass ignment of users within five (5) business work days.

9. Complete and maintain Quarterly Quality Control Review Reports as defined in Section II.
Definitions, K, and utilizing the form attac hed as Attachment II.

10. Update any changes to the name of the Requesting Party, its Agency head, its POC .
address, telephone number and/or e-mail address in the DAVID system within ten calendar
days of occurrence. The Requesting Party is hereby put on notice that failu re to timely update
this information may adversely affect the time frames for receipt of information from the
Providing Agency.

DAVID (Government Entity) MOU NTIS (New 12/2019)


286
Page 3 of 9 286
11. Immediately comply with any restriction, limitation, or condition enacted by the Florida
Legislature following the date of signature of this MOU, affecting any of the provisions
herein stated. The Requesting Party tinderstands and agrees that it is obligated to comply with
the applicable provisions of law regarding the subject matter of this Agreement at all times
that it is receiving, accessing, or utilizing DAVID information.

12. Timely submit the Attestation and Certification statements as required in Section VI. Compliance
and Control Measures, subsections Band C.

13. For Federal Agencies Only: The Requesting Party agrees to promptly consider and adjudicate
any and all claims that may arise out of this MOU resulting from the actions of the Requesting
Party, duly authorized representatives, or contractors of the Requesting Party, and to pay for
any damage or injury as may be required by Federal law. Such adjudication will be pursued
under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the Federal Employees
Compensation Act, 5 U.S.C. § 8101, et seq., or such other Federal legal authority as may be
pertinent.

14. Access and utilize the deceased date of an individual, or other information from the NTIS Limited
Access Death Master File, as defined in 15 CFR §1110.2, in conformity with the following
requirements:

a) Pursuant to 15 CFR §1110.102, the Requesting Party certifies that its access to DMF
information is appropriate because the Requesting Party: (i) has a legitimate fraud
prevention interest, or a legitimate business purpose pursuant to a law, governmental rule,
regulation, or fiduciary duty; (ii) has systems, facilities, and procedures in place to
safeguard such information, and experience in maintaining the confidentiality, security,
and appropriate use of such information, pursuant to requirements reasonably similar to
the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986; and (iii)
agrees to satisfy such similar requirements.

(b) Pursuant to 15 CFR §1110.102, the Requesting Party certifies that it will not: (i) disclose
DMF information to any person other than a person who meets the requirements of
Section IV. Statement of Work, subsection B. paragraph 14 (a), above; (ii) disclose DMF
information to any person who uses the information for any purpose other than a legitimate
fraud prevention interest or a legitimate business purpose pursuant to a law, governmental
rule, regulation, or fiduciary duty; (iii) disclose DMF information to any person who further
discloses the information to any person other than a person who meets the requirements
of subsection IV. B. 14 (a), above; or (iv) use DMF information for any purpose other than
a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law,
governmental rule, regulation or fiduciary duty.

V. Safequarding Information

The Parties shall access, disseminate, use and maintain all information received under this MOU in a
manner that ensures its confidentialiiy and proper utilization in accordance with Chapter 119, Florida Statutes,
and DPPA. Information obtained under this MOU shall only be disclosed to persons to whom disclosure is
authorized under Florida law and federal law.

Any person who willfully and knowingly violates any of the provisions of this section is guilty of a
misdemeanor of the first degree punishable as provided in Sections 119.10 and 775.083, Florida Statutes. In
addition, any person who willfully and knowingly discloses any information in violation of DPPA may be subject
to criminal sanctions and civil liability. Furthermore, failure to comply with 15 CFR §1110.102 pertaining to the
deceased date of an individual may result in penalties of $1,000 for each disclosure or use, up to a maxim um of
$250,000 in penalties per calendar year, pursuant to 15 CFR §1110.200.

DAVID (Government Entity) MOU NTIS (New 12/2019)


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Page 4 of 9 287
The Parties mutually agree to the following:

A. Information exchanged will not be used for any purposes not specifically authorized by this MOU.
Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose,
personal use, or the dissemination, sharing, copying, or passing of this information to unauthorized
persons.

B. The Requesting Party shall not indemnify and shall not be liable to the Providing Agency for any
driver license or motor vehicle information lost, damaged, or destroyed as a result of the electronic
exchange of data pursuant to this MOU, except as otherwise provided in Section 768.28, Florida
Statutes.

C. Any and all DAVID-related information provided to the Requesting Party as a result of this MOU,
particularly data from the DAVID system, will be stored in a place physically secure from access by
unauthorized persons.

D. The Requesting Party shall comply with Rule 60GG-2, Florida Administrative Code, and with Providing
Agency's security policies, and employ adequate security measures to protect Providing Agency's
information, applications, data, resources, and services. The applicable Providing Agency's security
policies shall be made available to Requesting Party. Additionally, with respect to the deceased date of an
individual, the Requesting Party shall have systems, facilities, and procedures in place to safeguard such
information, and experience in maintaining the confidentiality, security, and appropriate use of such
information, pursuant to requirements reasonably similar to the requirements of section 6103(p)(4) of the
Internal Revenue Code of 1986 and agrees to satisfy such similar requirements.

E. When printed information from DAVID is no longer needed, it shall be destroyed by cross-cut shredding
or incineration in accordance with Florida law.

F. The Requesting Party shall maintain a list of all persons authorized within the agency to access
DAVID information, which must be provided to the Providing Agency upon request.

G. Access to DAVID-related information, particularly data from the DAVID System , will be protected in
such a way that unauthorized persons cannot view, retrieve, or print the information.

H. Under this MOU agreement, access to DAVID shall be provided to users who are direct employees of
the Requesting Party and shall not be provided to any non-employee or contractors of the Requesting
Party.

l. By signing this MOU, the Parties, through their signatories, affirm and agree to maintain the confidentiality
of the information exchanged through this agreement.

Compliance and Control Measures

A. Quarterly Quality Control Review Report - Must be completed by the Requesting Party, utilizing
Attachment 11, Quarterly Quality Control Review Report, within 10 days after the end of each quarter and
maintained for two years . The following must be included in the Quarterly Quality Control Review Report:

1. A comparison of the DAVID users by agency report with the agency user list;
2. A listing of any new or inactivated users since the last quarterly quality contro l review; and
3. Documentation verifying that usage has been internally monitored to ensure proper, authorized
use and dissemination utilizing the auditing features available in DAVID.

B. intern.ii Control Attestation - This MOU is contingent upon the Requesting Party having appropriate
internal controls in place at all times that data is being provided/received pursuant to th is MOU to
ensure that the data is protected from unauthorized access, distribution, use, modificat ion, or disclosure.
The Requesting Party must submit an Attestation Statement from their Agency's Internal Auditor,
Inspector General, Risi~ Management IT Security Professional, or a currently licensed Certified Public

DAVID (Government Entity) MOU NTIS (New 12/2019)


Page 5 of 9 288 288
Accountant, on or before the third and sixth anniversary of the agreement or within 180 days from
receipt of a request for an Attesta tion from the Provid ing Agency. The Attestation Statement shall
indicate that the internal controls over personal data have been evaluated and are adequate to protect
the personal data from unauthorized access, distribution, use, modification, or disclosure. The
Attestation Statement shall also certify that any and all deficiencies/issues found during the review
have been corrected and measures enacted to prevent recurrence. The Providing Agency may extend
the time for submission of the Attestation Statement upon written requ est by the Requesting Party for
good cause shown by the Requesting Party.

The Attestation Statement must have an original signature of the Agency Head or person designated by
Letter of Delegation to execute contracts/agreements on their behalf, and may be sent via U.S. Mail,
facsimile transmission , or e-mailed to the Providing Agency's Bureau of Records at the following
address:

Department of Highway Safety and Motor Vehicles


Chief, Bureau of Records
2900 Apalachee Parkway, MS89
Tallahassee, Florida 32399-0500
Fax: (850) 617-5168
E-mail: DataListingUnit@flhsmv.gov

C. Annual Certification Statement - The Requesting Party shall submit to the Providing Agency an annual
statement indicating that the Requesting Party has evaluated and certifies that it has adequate controls in
place to protect the personal data from unauthorized access, distribution, use, modification, or disclosure, and
is in full compliance with the requirements of this MOU. The Requesting Party shall submit this statement
annually, within 45 days after the anniversary date of this MOU. (NOTE: During any year in which an Attestation
Statement is provided, submission of the Internal Control Attestation will satisfy the requirement to submit
an Annual Certification Statement.).

In addition, prior to expiration of this MOU, if the Requesting Party intends to enter into a new MOU, a
certification statement attesting that appropriate controls remained in place during the final year of the
MOU and are currently in place shall be required to be submitted to the Providing Agency prior to issuance
of a new MOU.

D. Misuse of Personal Information - The Requesting Party must notify the Providing Agency in writing of any
incident where determination is made that personal information has been compromised as a result of
unauthorized access, distribution , use, modification, or disclosure, by any means, within 30 days of such
determination. The statement must be provided on the Requesting Agency's letterhead and include each of
the following: a brief summary of the incident; the outcome of the review; the date of the occurrence(s);
the number of records compromised; the name or names of personnel responsible; whether disciplinary action
or termination was rendered; and whether or not the owners of the compromised records were notified. The
statement shall also indicate the steps taken, or to be taken, by the Requesting Agency to ensure that misuse
of DAVID data does not continue. This statement shall be mailed to the Bureau Chief of Records at the
address indicated in Section VI. Compliance and Control Measures, subsection B., above. (NOTE: If an
incident involving breach of personal information did occur and Requesting Party did not notify the owner(s)
of the compromisecl records, the Requesting Party must indicate why notice was not provided, for example
"Notice not statutorily required".)

In addition, the Requesting Party shall comply with the applicable provisions of Section 501 .171, Florida
Statutes, regarding data security and security breaches, and shall strictly comply with the provisions
regarding notice provided therein.

VII. Agreement Tern,

This MOU shall take effect upon the date of last signature by the Parties and shall remain in effect for
six (6) years from this date unless sooner terminated or cancelled in accordance with Section IX. Termination.
Once executed, this MO U supersedes all previous agreements between the parties regarding the same subject

DAVID (Government Entity) l\tlOU NTIS (New 12/2019)


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Page 6 of 9 289
matter.

VIII. Am endments

This MOU incorporates all negotiations, interpretations, and understandings between the Parties regarding
the same subject matter and serves as the full and final expression of their agreement. This MOU may be
amended by written agreement executed by and between both Parties. Any change, alteration, deletion, or
addition to the terms set forth in this MOU , including to any of its attachments, must be by written agreement
executed by the Parties in the same manner as this MOU was initially executed. If there are any conflicts in
the amendments to this MOU , the last-executed amendment shall prevail. All provisions not in conflict with
the amendment(s) shall remain in effect and are to be performed as specified in this MOU.

IX. Termination

A. This MOU may be unilaterally terminated for cause by either party upon finding that the terms and
conditions contained herein have been breached by the other party. Written notice of term ination shall
be provided to the breaching party; however, prior-written notice is not required, and notice may be
provided upon cessation of work under the agreement by the non-breaching party.

B. In addition, this MOU is subject to unilateral termination by the Providing Agency without notice to
the Requesting Party for failure of the Requesting Party to comply with any of the requirements of this
MOU, orwith any applicable state or federal laws, rules, or regulations, including Section 119.0712(2),
Florida Statutes.

C. This MOU may also be cancelled by either party, without penalty, upon 30 days' advanced written notice to
the other party. All obligations of either party under the MOU will remain in full force and effect during the
thirty (30) day notice period.

X. Notices

Any notices required to be provided under this MOU may be sent via U.S. Mail, facsimile transmission, or
e-mail to the following individuals:

For the Providing Agency:

Chief, Bureau of Records


2900 Apalachee Parkway
Tallahassee, Florida 32399
Fax: (850) 617-51 68
E-mail: DatalistingUnit@flhsmv.gov

For the Requesting Party:

Agency Point-of-Contact listed on the signature page.

XI. Additional Database Access/Subsequent MOU's

The Parties understand and acknowledge that this MOU entitles the Requesting Party to specific information
included within the scope of this agreement. Should the Requesting Party wish to obtain access to other
personal information not provided hereunder, the Requesting Party will be required to execute a subsequent
MOU with the Providing Agency specific to the additional information requested. All MOU's granting access to
personal information will contain the same clauses as are contained herein regarding Comp Ii a n c e a nd
Contr ol M easures.

The Providing Agency is mindful of the costs that would be incurred if the Requesting Party was required to
undergo multiple audits and to submit separate certifications, attestations, and reports for each executed MOU.
Accordingly, should the Requesting Party execute any subsequent MOU with the Providing Agency for access

DAVID (Government Entity) MOU f\JTI S (New 12/201 9)


Page 7 of 9 290
290
to personal information while the instant MOU remains in effect, the Requesting Party may submit a written
request, subject to Providing Agency approval, to submit one of each of the following covering all executed MOU's:
Quarterly Quality Control Review Report; Certification; and Attestation; and/or to have conducted one
comprehensive audit addressing internal controls for all executed MOU's. The Providing Agency shall have the sole
discretion to approve or deny such request in whole or in part or to subsequently rescind an approved request
based upon the Requesting Party's compliance with this MOU and/or negative audit findings.

XII. Application of Public Records Law

The Requesting Party agrees to comply with the following requirements of Florida's public records laws:

1. Keep and maintain public records required by the Department to perform the service.

2. Upon request from the Department's custodian of public records, provide the Department with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of
the Requesting Party or keep and maintain public records required by the public agency to perform the
service. If the Requesting Party transfers all public records to the Department upon completion of the
contract, the Requesting Party shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Requesting Party keeps and maintains
public records upon completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the Department, upon request
from the Department's custodian of public records, in a format that is compatible with the information
technology systems of the Department.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE


APPLICATION OF CHAPTER 119, FLA. STAT., TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATED TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 617-3101 ,
OGCFILING@FLHSMV.GOV, OFFICE OF GENERAL COUNSEL, 2900
APALACHEE PARKWAY, STE. A432, TALLAHASSEE, FL 32399-0504.
XIII. Certification Information

Pursuant to Section IV. Statement of Work, subsection B. paragraph 14(a) above, the Requesting Party certifies
that access to DMF information is appropriate based on the following specific purpose (please describe the legitimate
purpose):
Government Agency

Please indicate whether the Requesting Party desires to re-disclose the deceased date of any individual to any
other person or entity: YesONo[Z]

If the Requesting Party desires to re-disclose the deceased date of any individual to any other person or entity,
the Requesting Party agrees that it will not re-disclose the data received from the Providing Agency, but rather, will
contact NTIS at https://classic.ntis.gov/products/ssa-dmf/# to become a Certified Person, as defined by 15 CFR
§1 110.2. A Requesting Party who is a Certified Person may only disclose the deceased date of an individual pursuant
to the Requesting Party's obligations under 15 CFR §1110.102.

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IN WITNESS HEREOF, the Parties hereto, have executed this Agreement by their duly authorized officials on the
date(s) indicated below.

REQUESTING PARTY PROVIDING AGENCY:

Orange County, on behalf of the Orange County Corrections Department Florida Department of Highway Safety and Motor
Agency Name Vehicles
3723 Vision Boulevard 2900 Apalachee Parkway
Street Address Tallahassee, Florida 32399

Suite
Orlando FL 32839
City State Zip Code

BY:

Signature of Authorized Official Signature of Authorized Official


Louis A. Quinones, Jr.

Printed/Typed Name Printed/Typed Name


Chief of Corrections
Title Title
J anuary 6, 2023

Date Date
Louis.QuinonesJr@ocfl.net
Official Agency Email Address
407-836-3565
Phone Number

Agency Point of Contact:


Toni M. Hutchinson
Printed/Typed Name
Toni M. Hutchinson
Official Agency Email Address

407 1836-0341 Phone Number


- -- - -- - -- - -- - - - - - - -
Fax Number
- - - - - - -- - - - - - - - - -- -

DA VID (Government Entity) MOU NTIS (New 12/201 9)


Page 9 of 9 292
292
U.S. Department of Commerce
,,_ .__, ■
lia\lon.il Tec~nica1 lnlorrnalio11 Ser1Jice i
· National Technical Information Service
Alexandria, VA 22312

IMPORTANT NOTICE
On November 1, 2011, the Social Security Administration (SSA) implemented an important change in
the Death Master File (DMF) data. NTIS, a cost-recovery government agency, disseminates the Limited
Access DMF on behalf of SSA. The Limited Access Death Master file contains data on dccedants who
died less than 3 years ago.
Please see the Q and A below, provided by SSA (and edited by NTIS to change the tense once the change
had been implemented) for an explanation of the change.
Should you have any questions, please email jhounsell@ntis.gov who will forward any questions not
answered below to the Social Security Administration for reply.

IMPORTANT NOTICE:
Change in Public Death Master File Records
NTIS receives Death Master File (DMF) data from the Social Security Administration (SSA). SSA receives
death reports from various sources, including family members, funeral homes, hospitals, and financial
institutions.
Q: vVhat change has SSA made to the Public DMF?
A: Effective November 1, 2011, the DMF data that NTIS receives from SSA no longer contains protected
state death records. Section 205(r) of the [Social Security] Act prohibits SSA from disclosing the state death
records SSA receives through its contracts with the states, except in limited circumstances. (Section 205r
link - http://www.ssa.gov/OP_Home/ssact/title02/0205.htm)

Q: How did this change affect the size of the Public DMF?
A: The historical Public DMF contained 89 million records. SSA removed approximately 4.2 million
records from this file and adds about l million fewer records annually.

REMB NDER:
DMF Msers shouBd always investigate and verify the death
misted beforie taking any adverse action against arsy
indhriduat/J 9

Nation~! Technical lnfonmition Sel'vice Ernail: DMFCt:Fff@NTIS.GO\J


530·1 SJ1awnee Rel Fax: 703.605.~
293
A lexandria, VA 223·1 2-23·1 2 Form Number: NTIS Ftf.ffl~
ATTACHMENT I

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


Request For Access to Driver And Vehicle Information Database System (DAVID)

The Driver's Privacy Protection Act, 18 United States Code sections 2721 ("DPPA") makes personal information
contained in motor vehicle or driver license records confidential and exempt from disclosure. Personal information
in a motor vehicle or driver license record includes, but is not limited to, an individual's social security number,
driver license or identification number, name, address, and medical or disability information. Personal information
does not include information related to driving violations and driver status. Personal information from these records
may only be released to individuals or organizations that qualify under one of the exemptions provided in DPPA,
which are listed on the back of this form.

I am an authorized representative of an organization requesting personal information for one or more records as
described below. I declare that my organization is qualified to obtain personal information under exemption
number(s)
1 , as listed on page 2 of this form.

I understand that I shall not use or redisclose this personal information except as provided in DPPA and that
any use or redisclosure in violation of these laws or statutes may subject me to criminal sanctions and civil
liability.

Complete the following for each DPPA exemption being claimed (attach additional page, if necessary):

DPPA Description of how Requesting Party Description of how data will be used:
Exemption qualifies for exemption:
Claimed:
Government Agency
1

Obtaining personal information under false pretenses is a state and federal crime. Under penalties of perjury, I
declare that I have read the foregoing Request For Access to Driver And Vehicle Information Database System
and that I am entitled to receive Ezmi:n~!7'onal Information in A Motor Vehicle/Driver License Record and
that the fa~~tate irri are true tnd corr/.

~ r:..-<._,,...--..-.--~ Chief of Correc t ions


Signature of Authorized Officia/ / , . , Title
/ Orange County, on behalf of Ule OJAno• Couo,y Corre<:tloos ~ m ent

Louis A. Quinones, Jr .
Printed Name Name of Agency/Entity

January 6, 2023
Date

Page 1 of 2
294 294
AITACHMffil.1
Pursuant to section 119.0712(2), F. S., personal information in motor vehicle and driver license records can be
released for the following purposes, as outlined in 18 United States Code, section 2721 :

Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories,
performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner
records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV
of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air
Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49, CFR, and, subject to subsection (a){2),
may be disclosed as follows:.

1. For use by any government agency, including any court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying
out its functions.

2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor
vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal
of non-owner records 'from the original owner records of motor vehicle manufacturers.

3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors,
but only:

a) to verify the accuracy of personal information submitted by the individual to the business or its agents,
employees, or contractors; and
b) if such information as so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by pursuing legal remedies against, or
recovering on a debt or security interest against, the individual.

4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body, including the service of process, investigation
in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an
order o'f a Federal, State, or local court.

5. For use in research activities, and for use in producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact individuals.

6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or
underwriting.

7. For use in providing notice to the owners of towed or impounded vehicles.

8. For use by any licensed private investigative agency or licensed security service for any purpose permitted
in accordance with 18 use 2721 (b).

9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter 313 of Title 49, CFR.

10. For use in connection with the operation of private toll transportation facilities.

11. For any other use in response to requests for individual motor vehicle records if the State has obtained the
express consent of the person to whom such personal information pertains.

12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of
the person to whom such personal information pertains.

13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual
to whom the information pertains.

14. For any other use specifically authorized under the law of the State that holds the record, if such use is
related to the operation of a motor vehicle or public safety.

Page 2 of 2
295
295
ATTACHMENT II

QUARTERLY QUALITY CONTROL REVIEW REPORT


Point of Contacts (POC) must do the following to satisfy the MOU Quarterly Quality Control Review:

► Compare the DAVID Users by Agency report with the agency user list.
o Reconcile any differences to ensure state and agency records are consistent.

► Keep a record of any new or inactivated users since the last Quarterly Quality Control Review.
o Update any users/user information as needed, document the reason for the change in
access, and the date the change is made.

► Monitor usage to ensure proper, authorized use and dissemination.


o Randomly select a sample of users and run an audit report for a period during the quarter.
Look for any misuse, including, but not limited to reason codes, running siblings, spouses,
ex-spouses, celebrities, and political figures. Look at the times of day the data was
accessed, repeated runs of same record, and unexplained access to the Emergency
Contact Information.
o Please note: DHSMV highly recommends the agency audit users as freqt1enlly as
possible to ensure misuse is not occurring.

► Complete the below report and ensure all actions are documented.

Quarter: Year:
4th 2022
Total active users in DAVID: 5
Total active users in agency records: 5
Users inactivated during quarter: 1
Users audited during quarter: 0
Total cases of misuse found: 0
Total cases of misuse reported to DHSMV: 0

12/30/2022
POC Signature Date
Toni M. Clark Hutchinson
POC Name Printed

296
296
I. CONSENT AGENDA
Interoffice Memora HEALTH SERVICES AGENDA ITEM
DEPARTMENT
1

F I. O R. IDA

January 4, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THRU:
~-- 7
Raul Pino, MD, MPH~ Dir , r .
Health Services Depart At

FROM:
EMS Office of the Medical Director
Contact: (407) 836-7611
o~Y-
Christian C. Zuver, M.D., Medical D i r ~ ~ : -,

·-

SUBJECT: Certificate of Public Convenience and Necessity


Renewal for Greater Orlando Aviation Authority
Consent Agenda - January 24, 2023

The EMS Office of the Medical Director ("EMS") requests the approval of the
application to renew the Certificate of Public Convenience and Necessity ("COPCN" or
"Certificate") for the Greater Orlando Aviation Authority ("GOAA") to provide Advanced
Life Support ("ALS") transport services. GOAA has submitted the attached application
requesting the renewal of its COPCN which has been in effect since 2005.

In accordance with the Orange County Code of Ordinances, EMS has reviewed
GOAA's renewal application. EMS has not received any substantial and material
complaints against GOAA, and the status of GOAA has not substantially and materially
changed. Accordingly, EMS recommends that the Orange County Board of County
Commissioners renew GOAA's Certificate.

ACTION REQUESTED: Approval and execution of the renewal Certificate of


Public Convenience and Necessity for Greater
Orlando Aviation Authority to provide Advanced Life
Support transport services in Orange County, Florida.
The term of this certificate is from May 1, 2023,
through April 30, 2025. There is no cost to the County.
(EMS Office of the Medical Director)

CZ/jj

Attachments

297 297
ORANGE COUNTY, FLORIDA
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
for
GREATER ORLANDO AVIATION AUTHORITY

Wt-lEREAS, Section 401.25, Florida Statutes, governs the licensure of entities providing
prehospital and interfacility advanced life support ("ALS") services and basic life support ("BLS")
transportation services and requires applicants for licensure to obtain a certificate of public
convenience and necessity from each county in which the applicant will operate; and

WHEREAS, Section 401.25, Florida Statutes, authorizes the governing body of each
county to adopt ordinances that provide reasonable standards for certificates of public
convenience and necessity; and

WHEREAS, Chapter 20, Article Ill, Orange County Code (the "Code"), governs the
application for a certificate of public convenience and necessity in Orange County, Florida
("COPCN" or "Certificate") and provides reasonable standards; and

WHEREAS, on November 21, 2022, Greater Orlando Aviation Authority ("GOAA" or


"Applicant") submitted its renewal application for a COPCN to Orange County's Office of the
Medical Director/EMS Division ("EMS") to provide ALS transport services ("Application"); and

WHEREAS, pursuant to Section 20-99 of the Code, EMS reviewed the Application and
has not received any substantial and material complaints against the Applicant, and the status
of the Applicant has not substantially and materially changed. Accordingly , EMS recommends
that the Orange County Board of County Commissioners ("Board" or "BCC") renew the
Applicant's certificate; and
'
WHEREAS, the Board has considered the Application, EMS's recommendation, and all
applicable recommendations from municipalities within Orange County, Florida (the "County").
The Board has determined that the Applicant's proposed service, to the extent authorized by
this Certificate, is or will be required by the present or future public convenience or necessity.
The Board has determined that the Applicant is financially and otherwise able to provide
adequate and uninterrupted service as required.

NOW THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF


COUNTY COMMISSIONERS:

..;;.
S..... ct;;.;..io=n~1...
e .... . _.;._;R=e=
ci=ta=l=s. The above recitals are hereby in corporated into this Certificate.

Section 2. Application and Certificate. The Board here by grants GOAA's Application to
renew its COPCN and authorizes GOAA to provide Level 5 ALS transport services in Orange
County, Florida in accordance with the terms, conditions, and limitations of this Certificate. The
Board hereby issues this Certificate to Greater Orlando Aviation Authority. The Board
certifies that the Applicant's proposed services are for the benefit of the population of the
County or the benefit of the population of some geographic area of the County.

Section 3. Term. The "Term" of this Certificate is the period of time during which this
Certificate is valid and effective. This Certificate's Term shall be for a two-year period beginning

298 298
on May 1, 2023, and expiring on April 30, 2025. Notwithstanding the foregoing, the Term may
expire earlier if this Certificate is suspended or revoked pursuant to Orange County Code.

Section 4. Indemnification. In consideration of this Certificate, which permits GOAA to


provide ALS transport services in Orange County, pursuant to Section 20-96, Orange County
Code, and to the fullest extent permitted by law, GOAA agrees to defend, indemnify, and hold
harmless the County, its officials, agents, and employees from and against any and all claims,
suits, judgments, demands, liabilities, damages, costs and expenses (including attorney's fees)
of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part
by any act or omission of Greater Orlando Aviation Authority or its subcontractors (if any},
anyone directly or indirectly employed by them, or anyone for whose acts any of them may be
liable; excepting those acts or omissions arising out of the sole negligence of the County.

Section 5. Compliance with Laws. By accepting this Certificate or providing ALS transport
services in Orange County pursuant , to this Certificate, GOAA agrees to comply with all
applicable state and local laws and regulations.

ADOPTED THIS _ _ _ _ DAY OF _ _ _·_ , 2023.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By: - - - - - - - - - - -
Jerry L. Demings
Orange County Mayor

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:
- -----------
Deputy Clerk

299 299
. \· -<I..

~
C UN1
GOVERNMUNT
l' l () ll. .T O A

ORANGE COUNTY, FLORIDA


EMS OFFICE OF THE MEDICAL DIRECTOR
RENEWAL APPLICATION
FOR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Level of Service

0 BLS Non Transport 0 ALS Non Transport 0 Prehospital Air Ambulance

D BLS Transport [j] ALS Transport 0 Prehospital lnterfacility Air Ambulance

0 BLS lnterfacility Transport D ALS lnterfacility Transport

04/30/2023
EXPIRATION DATE
1112112022
SUBMISSION DATE

1. NAME OF SERVICE Greater Orlando Aviation Authority

2. BUSINESS ADDRESS (STREET) One .Jeff Fuqua Blvd. CITY Orlando

COUNTY Orange STATE FL ZIP CODE 32827

3. PHONE NUMBER 407-825-3038 FAX407--825-JOOQ 24 Hour Number 407-825-3042


E-Mail address matthew.dailey@goaa.org

Manager's Name Brenda Bishop Title Interim Fire Chief

NOTE: (IF T HERE ARE ANY CHANGES TO BE MADE TO YOUR PREVIOUS APPLICATION, PLEASE:
LIST BY NUMBER IN THE SPACE PROVIDED BELOW. (Use separate sheet if necessary).
COMPLETE PERSONNEL AND VEHICLE ROSTER A1TACHMENTS, IF THERE ARE ANY
CHANGES). If None State "None".

Vehicle and Personnel Roster Changes

300 300
TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON THIS APPLICATION ARE TRUE
AND CORRECT ANO THERE ARE NO OTHER CHANGES TO BE MADE TO THE ORIGINAL
APPLICATION. ~ p~
SIGNATURE

DATE:

301 301
STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL OVERSIGHT

ADVANCED LIFE SUPPORT SERVICE LICENSE

T'nis is to certify thc>.t: _ __ _ _ __ _ _ _G=RE=•A=T=E=iR=-=O=R=L=AN=ID::..:O


"'-"-"A'-'-
VIA-=TI=O=N-'-'A=U=TH==O=RITY=-.- - - - - P rovider Number#:~
.'
.' ' .
Name of Provider
.
,I

1 JEFF FUQUA BOULEVARD. ORLAL~O. FLORIDA 32827


Address

has complied wit.½. Chapter 401, Florida Statutes, and Chapter 64J-1, Florida Administrative Code, and is authorized to operate as an
Advanced Life Support Service subject to any and all limitations specified in the applicabie Certi:ficate(s) of Public Convenience and
Necessity and/or Mutual Aid Agreements for the County(s) listed below:

ORANGE
County(s)

Steve A. McCoy
Emergency Medical Services Administrator
Florida Department of Health

TIDS CERTIFICATE EXPIRES ON: 06/05/2023


This certificate shall be posted in the above mentioned establishment

302
~ - . ..

I
ACORD® DATE (MM/00/YYYY)
~
CERTIFICATE OF LIABILITY INSURANCE 11/29/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDE R. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A LTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERT IFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certi ficate h older is an ADDITIONAL INSURED, the policy(ies) must h av e ADDITIONAL INSURED provisions or l>e endorsed.
If S UBROGATION IS WAIVED, s ubject to the terms and conditions o f the policy, certain polic ies m ay require an endorsement. A s tatement on
this certificate does n ot c onfer rights t o the certific ate h old er in lieu of s uch endorsement(s),
PRODUCER ~~~i~Cl
Arthur J. Gallagher Risk Management Services, Inc.
1140 N. Town Center Drive r..tJgNl:fu El!!>· 702-647-2333
E-MAIL
I r.e~. NoJ: 702-647-5433
Suite 200 ADDRESS:
Las Vegas NV 89144 INSURER(S) AFFORDING COVERAGE NAJC/1
INSURER A : ACE Property & Casualty Insurance Co 20699
INSURED GREAORL-04
INSURERS :
Greater Orlando Aviation Authority
Attention: Risk Management INSURERC :
5855 Cargo Rd. INSURERD :
Orlando FL 32827 INSURERE :
INSURERF :
COVERAGES CERTIFICATE NUMBER· 1242240341 REVISION NUMBER·
THIS IS TO CERTIFY THAT TIIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITI-1 RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AUDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE ,.,~n '"Mh POLICY NUMBER /MM/DDIYYYYl IMM/DorYYYYl LIMITS
A X COMMERCIAL GENERAL LIABILITY y MP N1 6736387 002 5/1/2021 5/1/2023 $1,000 000
EACH OCCURRENCE
I-

I-
X
0 CLAIMS-MADE 0 OCCUR PRa1ises, e;-;:;:~.::~encel $1,000,000

,- Aa-port Llab. MED EXP (Any one person) $ 1,500


I-
PERSONAL & ADV INJURY $ 1,000,000

MPOLICY □ W8i □
GEN'L AGGREGATE LIMIT APPLIES PER:

OTHER: None
LOC
GENERAi. AGGREGATE
PROOUCTS-COMP/OP AGG
$
$ 1 000 000
$
AUTOMOBII.E LIABILITY COMBINED SINGLE LIMrr $
I- (Ea a,ddenll_
ANY AUTO BODILY INJURY (Per person) $
I-
OWNED ~- SCHEDULED BODILY INJURY (Per acddenl) $
-- AUTOS ONLY
HIRED - AUTOS
NON-OWNED PROPERTY DAMAGE $
- - AUTOS ONLY ,____ AUTOS ONLY (Per acciduntl
$

I-
UMBRELLA I.IAB
EXCESS LIAB
I~ OCCUR
CLAIMS-MADE
EACH OCCURRENCE
AGGREGATE
$

$
OED I I RETENTION $ $
WORl{ERSCOMPENSATION
AND EMPLOYERS' LIABILllY Y/ N
LJER1.:_ATUTE I I ER
OTH-
---
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACHACCIOENT $
OFFICER/MEMDEREXCLUOED7
(Mandnlory In NH)
NIA
□ E.L DISEASE - EA EMPLOYEE $ ----
~i:CR~.fi~~ ~18°PERATIONSbelow E.L. DISEASE· POLICY LIMIT $

DESCnlP'flON OF OPERATIONSI LOCATIONSI VEIIICLES (/\COIID 101, Additional Remarl<s Sc~oduln, mny he attached if moro spaco is required)
Per AAP 208 (11-04}, certificate holder included as additional insured

CERTI FICATE H OLDE R CANCELLATION

SHOULU ANY OF H IE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE


TflE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange County, FL ACCOROANCE WITH THE POLICY PROVISIONS.
Risk Management Division
109 E Church SI, Suite 200
Orlando FL 32801

- - - - - - - -- ~- © 1988-2015ACORD CORPORATION. All ri \Jhts res er ved .


ACORD 25 (2016/0 3} '!"he ACOHD name and lo g o are re gis tered mark s o f ACOHD
303 303
1. CONSENT AGENDA
HEALTH SERVICES
DEPARTMENT
2

,;;,; E
011 Interoffice Memorand1 __ _)ENDA ITEM
-~
C UNTY
GOVERNMENT
F L O R ID A
January 11, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

THRU: Raul Pino, M.D, D i ~)


Health Services D ~ p ~

FROM: Thomas Hall, Ph.D., Director


Drug Free Office
Contact: (407) 836-7319

SUBJECT: Expansion of Fentanyl Overdose Prevention Initiatives


Consent Agenda Item - January 24, 2023

Accidental fentanyl overdose deaths nationally have become the number one killer of
18-to 45-year-old people, surpassing deaths from car accidents, gun violence, heart
disease, and COVID-19, according to the Centers for Disease Control and Prevention.
Anne Milgram, the Administrator of the U.S. Drug Enforcement Agency (DEA), recently
stated, "Fentanyl is the single deadliest drug threat our nation has ever encountered.
Fentanyl is everywhere. From large metropolitan areas to rural America, no community
is safe from this poison. We must take every opportunity to spread the word to prevent
fentanyl-related overdose death and poisonings from claiming scores of American lives
every day." Orange County has received additional funding to expand the county's
fentanyl overdose prevention initiative- Orange County Responds . The additional
funding increases the Orange County Health Services Department manning table by
three positions. The new positions are needed to expand existing programs and services
that address the fentanyl epidemic.

The U.S. Department of Justice, Office of Justice Programs awarded Orange County, as
governing body, the FY22 Comprehensive Opioid, Stimulant, and Substance Abuse
Program. In addition, the county recently received additional funding through the Florida
Statewide Opioid Settlement Fund. These additional funds will increase access to
evidence-based treatment and recovery support for residents with a substance use
disorder (OUD). Board approval is requested to increase the Health Services
Department manning table by three positions. Additional staff positions are needed to
increase the capacity for Orange County's Drug Free Office overdose prevention priority
areas (expand access to naloxone; expand warm hand-off programs; expand harm
reduction programs; and systematic data collection.)

The additional staff will facilitate overdose prevention education, expand naloxone
distribution, work with people at a higher risk of suffering a fentanyl overdose, and

304 304
Expansion of Fentanyl Overdose Prevention Initiatives
January 11 , 2023
Page 2

expand our Public Health and Safety Team (PHAST). The Centers for Disease Control
recommends communities develop a systemic approach to understanding the root
causes of overdose deaths. Our goal is to improve the detection of overdose clusters to
allow for timely response to overdose outbreaks. The expanded Orange County 'Think
PHAST" initiative is designed to engage additional multi-sector partners through a data-
driven process known as "SOS," which stands for 1) creating a shared understanding, 2)
optimized capacity, and 3) shared accountability -SOS represents essential data sharing
and collaboration activities. Additional grant and Florida Opioid Settlement funding has
been allocated to increase the Health Services ·Department manning table

ACTION REQUESTED: Approval to increase the Health Services Department manning


table by three positions to increase capacity for Orange County's Drug Free Office
fentanyl overdose prevention initiative. (Health Services Department)

C: Danny Banks, Deputy County Administrator, County Administrator's Office

305 305
I. CONSENT AGENDA
Interoffice Memorandum PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT
1

C
GOVERNMENT
l'LOR I D A

December 22, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners /~,,,.,
FROM: Tim Boldig, Interim Directo:P.,?
Planning, Environmental, and Development
Services Department

CONTACT PERSON: David D. Jones, P.E., CEP, Manager


Environmental Protection Division --·
C-{o)..
LY.t
(407) 836-1406

SUBJECT: January 24, 2023 - Consent Item


Environmental Protection Commission Recommendation for
Request for Waiver for Ronald and Elizabeth Schenk for Dock
Construction Permit BD-22-10-167

The applicants, Ronald and Elizabeth Schenk, are requesting a dock construction permit
with approval of a waiver to Orange County Code {Code), Chapter 15, Article IX, Section
15-342(b) (terminal platform size). The project site is located at 6211 Greatwater Drive,
Windermere , FL 34786 (Parcel ID number 29-23-28-4075-03-980) on Lake Tibet in District
1.

On October 4, 2022, the Environmental Protection Division (EPD) received an Application to


Construct a Dock at the subject property and an Application for a Waiver to Section 15-
342(b) to increase the allowed terminal platform size from 1,000 to 1,626 square feet. This
permit application is being reviewed under the ordinance in effect at the time the application
was received, prior to the effective date of the new ordinance on January 1, 2023.

The proposed dock will replace an existing dock, which was approved under Permit #00-
176. The existing walkway will be retained , and the terminal platform will be removed and
replaced. Based on aerial photographs, the existing dock has an estimated terminal
platform size of 870 square feet.

Terminal Platform Size Waiver

Chapter 15, Article IX, Section 15-342(b) of the Code states, "the maximum square footage
of the terminal platform shall not exceed the square footage of ten times the linear shoreline
frontage for the first seventy-five (75) feet of shoreline and five times the linear shoreline
frontage for each foot in excess of seventy-five (75) feet, not to exceed a maximum of 1,000
square feet." The applicants have a shoreline that measures approximately 151 .3 linear
feet at the Normal High Water Elevation, allowing for a maximum terminal platform size of
1,000 square feet. The applicants are requesting to construct a new dock with a terminal
platform size of 1,626 square feet (626 square feet larger than allowed).

306 306
Page 2
January 24, 2023 - Consent Item
Environmental Protection Commission Recommendation for Request for Waiver for Ronald
and Elizabeth Schenk for Dock Construction Permit BD-22-10-167

Waiver Criteria

Pursuant to Section 15-350(a)(2), "the applicant shall describe (1) how this waiver would
not negatively impact the environment, and (2) the effect of the proposed waiver on abutting
shoreline owners."

To address Section 15-350(a)(2)(1), the applicants' agent (Mr. Kyle Goonen) states,
"Requesting a waiver to allow terminal platform square footage up to 1626 sq. ft. Planned
boat dock construction will not expand any further into the lake than the current boat dock
constructed on property causing no navigational hazard or impacts to current lake users
enjoyment rights. There is no vegetation that will be removed or disturbed during
construction of the proposed dock."

To address Section 15-350(a)(2)(2), the applicants' agent states, "Side setback minimum
requirement of 25ft will be maintained. Dock will not encroach on surrounding property
owners land or enjoyment rights and does not impede navigation of others on Lake Tibet.
The adjoining property owners have agreed that this does not impact their property rights
and are in favor of the proposed dock."

The shading impacts were evaluated by EPD staff using the Uniform Mitigation Assessment
Method. The applicants have agreed to provide mitigation for the additional shading
impacts from the oversized terminal platform with a payment of $1,087 to the Conservation
Trust Fund (CTF} if the waiver is approved.

Public Notification and Objection

On October 30, 2022, a Notice of Application for Waiver was sent to all shoreline property
owners within a 300-foot radius of the property. Due to delivery issues with United States
Postal Service certified mail, EPD was unable to confirm whether one of the notices was
received. Accordingly, the notice for which the delivery was unconfirmed was also posted
onsite at the neighbor's residence by EPD staff on November 8, 2022.

No objections to the waiver request for terminal platform size have been received from
neighboring property owners. However, on November 25, 2022, an objection to the
increased roof height was received from an adjacent property owner. The objector,
Nicholas Lenoci, Jr. (6227 Greatwater Drive) stated, "As the owner of the home next door at
6227 Greatwater Dr., I'm concerned that the height of the new structure may impede my
view of the lake. I'm not concerned about the size of the dock, only that the new structure
appears to be taller than the existing structure. Thus, if the height is now taller than [sic] I
reject the request, if its [sic] only a larger structure on the ground floor, then I'm ok."

In response to the objector's concern , EPD requested the applicants' agent to provide the
height of the roof of the existing dock, as neither the finished dock height nor an as-built
survey were required to be provided when the dock was originally constructed in 2000.

The applicants' agent states "As it stands now with the high water level currently, the dock
is actually under water at the moment and comes close to this each time a storm occurs.
The existing height of the terminal platform where the access walkway meets it, is currently
1" under water today. The client is proposing to build the new terminal platform at exactly
24" above existing to allow for his boat to be lifted out of the water for proper securement
[sic] and safety. The roof height is currently 10.4' above the deck currently and the new 2nd
story dock will be just a hair shy of the 12' requirement for Orange County at the top of the

307 307
Page 3
January 24, 2023 - Consent Item
Environmental Protection Commission Recommendation for Request for Waiver for Ronald
and Elizabeth Schenk for Dock Construction Permit BD-22-10-167

railing. In conclusion, the new peak height of the new dock with railing off the terminal
platform, will be raised 3. 6' above existing terminal platform. " The site plans have a note
that states, "Dock roof and 2nd story railings will not be more than 12' above the deck."
Accordingly, the proposed roof height will meet the 12-foot maximum allowed by Code.
Additionally, as of January 1, 2023 the maximum allowed roof height will increase to 15 feet
when the update to Article IX becomes effective. This information was conveyed to Mr.
Lenoci.

Further discussion regarding the roof height and design occurred between Mr. Lenoci, the
applicants, and their contractor. After their discussions, the roof was redesigned from
entirely platform to half tile and half platform, with the tiled section facing Mr. Lenoci's
property. The roof height will remain as initially proposed to be less than the maximum
allowed 12 feet. Mr. Lenoci indicated he no longer has any issues with the proposed dock
plans.

On December 7, 2022, revised plans reflecting the changes to the roof were received by
EPD.

On November 29, 2022, the applicants, their agent, and the interested party were sent
notices to inform them of the Environmental Protection Commission meeting on December
14, 2022.

Butler Chain of Lakes Advisory Board

Pursuant to Section 15-347(b), EPD sent notice of the waiver request to the Windermere
Water and Navigation Control District Advisory Board, which is also known as the Butler
Chain of Lakes Advisory Board (BC LAB), on October 4, 2022.

In accordance with 15-347(e), 'The Windermere Water and Navigation Control District
Advisory Board ... may submit to the environmental protection officer a recommendation to
approve or deny applications for docks within their jurisdictions. Recommendations shall be
approved by a majority of the advisory board at a public meeting, duly noticed and
conducted in accordance with the Florida Sunshine Law, section 286.011 , Florida Statutes,
as may be transferred or amended from time to time. Advisory board recommendations
shall be submitted to the environmental protection officer within thirty-five (35) calendar
days of receipt of notice."
On October 18, 2022 , EPD received a signed letter from the BCLAB stating "The Butler
Chain of Lakes Advisory Board at their October 17, 2022 meeting approved a
recommendation to oppose this dock application. The basis for this decision is described
below. The Terminal Platform in this application is over the maximum size allowed. Zoning
Code Article IX, Section 15-342(b) 'The maximum square footage of the terminal platform
shall not exceed the square footage of ten times the linear shoreline frontage for the first
seventy-five (75) feet of shoreline and five times the linear shoreline frontage for each foot
in excess of seventy-five (75) feet, not to exceed a maximum of one thousand (1,000)
square feet."' The BCLAB letter does not elaborate on how the request does not meet the
waiver criteria in Section 15-350(a)(2).

Enforcement Action

There is no current enforcement action for this property.

308 308
Page 4
January 24, 2023 - Consent Item
Environmental Protection Commission Recommendation for Request for Waiver for Ronald
and Elizabeth Schenk for Dock Construction Permit BD-22-10-167

EPD Staff Evaluation/Recommendation

Staff evaluated the waiver request for compliance with the criteria for approval. The
recommendation of the Environmental Protection Officer is to approve the request for
waiver to Section 15-342(b) (terminal platform size) based on a finding that the applicants
have demonstrated there will be no negative effects on the abutting shoreline owners
pursuant to Section 15-350(a)(2)(2), as no objections to the increas~d terminal platform size
were received. In addition, Section 15-350(a)(2}(1) was addressed by the applicants'
willingness to make a mitigation payment to the CTF to address impacts to the environment
due to additional shading from the larger terminal platform size.

Environmental Protection Commission (EPC) Public Hearing

EPD presented the applicants' waiver request to the EPG at their December 14, 2022 public
meeting, Ms. Kc;1tie O'Neal spok~ on behalf of the applicants and stated that there is
precedent on the Butler Chain of Lakes for docks with terminal platforms greater than 1,600
square feet in size. Ms. O'Neal also stated that based solely on shoreline length, the
allow.able square footage for this lot would be approximately 1,800 square feet. EPD staff
clarified this would only be true if there were no maximum for terminal platform size in the
Code.

Chairman Mark Ausley noted that since there were no objections from abutting shoreline
owners, the neighbor's concerns were addressed, and a mitigation payment would be
required, he wa~ supportive of the waiver request. EPC Member Peter Fleck stateq that the
waiver request for termi_
nal platform size was consistent with those approved in the past and
he saw no reason to recommend denial.

Based upon evidence and testimony presented at the hearing, the EPC voted unanimously
to accept the findings and recommendations of the EPO, and recommended approval ofthe
waiver to Section 15-342(b) (terminal platform size) with the condition that the applicants
remit a payment in the amount of $1 ,087 to the CTF as mitigation for the additional shading
impacts.

ACTION REQUESTED: Acceptance of the findings and recommendation of the


Environmental Protection Commission and approval of the
request for waiver to Orange County Code, Chapter 15,
Article IX, Secti on 15-342(b) to increase the maximum
allowable terminal platform size from 1,000 squa·re feet to
1,626 square feet with a mitigation payment of $1,087 to
the Conservation Trust Fund within 60 days o f the decision
of the Board of County Commissioners for the Ronald and
Elizabeth Schenk Dock Construction Permit BD-22-10-167.
District 1

JVW/DDJ: jk

Attachments

309 309
Application for Dock Construction Waiver

Dock Construction Application


for Waiver
BD-22-10-167
District #1
Applicants: Ronald and Elizabeth Schenk

Address: 6211 Greatwater Drive

Parcel ID: 29-23-28-4075-03-980

Project Site
0
Property Location
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Specific Purpose Survey

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313 313
if! .
--
APPLICATION TO CONSTRUCT A BOAT DOCK
r::v::rcs::et t e · tl ·stfttttfflC'ttmnf n

C -
APPLICATION FOR W AIYER
T ca: w Ii
(Pursuant to Orange County Code, Chapter 15, Article IX, Section I 5-350(a)(2))
&&- tmrm&.

GOVERNMENT
FLORIDA

Mail or Orange County Environmental Protection Division


Deliver To: 3165 McCrory Place, Suite 200
Orlando, Florida 32803
(407) 836-1400, Fax (407) 836-1499

I Kyle Goonen on behalf of Ronald Schenk (if applicable) pursuant to Orange


County Code Cha ter 15, Article IX, Section 15-350(a)(2) am requesting a waiver to section (choose and circle from the
following: l 5-342(b ),_115-343(b), 15-344(a) and 15-345(a)) of the Orange County Dock Construction Ordinance.

1. Describe how this waiver would not negatively impact the environment:
Requesting a waiver to allow terminal platform square footage up to ~ 626 sqft. Planned boat dock construction will not expand any
further into the lake than the current boat dock constructed on property causing no navigational hazard or impacts to current lake
users enjoyment rights. There is no vegetation that will be removed or disturbed during construction of the proposed dock.

2. Describe the effect of the proposed waiver on abutting shoreline owners:


Side setback minimum requirement of 25ft will be maintained. Dock will not encroach on surrounding property owners land or
enjoyment rights and does not impede navigation of others on Lake Tibet. The adjoining property owners have agreed that this
does not impact their property rights and are in favor of the proposed dock.

The environmental protection officer and the board may require of the applicant information necessary to carry out the
purposes of this article.

By signing and submitting this application form, I am applying for a waiver to the Section indicated of the Orange County
Dock Construction Ordinance identified above, according to the supporting data and other incidental information filed
with this application. I am familiar with the information contained in this application, and represent that such information
is true, complete, and accurate. I understand this is an application and not a permit, and that work conducted prior to
approval is a violation. I understand that this application and any permit issued pursuant thereto, does not relieve me of
any obligation for obtaining any other required federal, state, or local permits prior to commencement of construction. I
understand that knowingly making any false statements or representation in this application is a violation of Sections 15-
341 & 15-342, Orange County Code.

Name of Applicant: _K~


yl_e _G_o_o_n_en_--=--r-·~- -- - - - -- - - -- - - - - - - - - - - - - - -
Signatnre of Applicant/Agent__f,_,,_,7c:.._~ ________________ Date: 09/11 /22
Corporate Title (if applicable): _Ow
__n_er_-_Pr_e_st_ig,,_e_D
_e_c_k_&
_ D_o_
ck_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _

Rev 09-01-20 15
314 314
Windermere Water and Navigation Board Response to Dock Permit Application

Address:

Application No:

Recommendation: Deny

The Butler Chain of Lakes Advisory Board at their O er • 7 1 ;)c; ~ :;::i meeting approve.d a
recommendation to oppose this dock application. The basis for this decision is described below.

1. The Terminal Platform in this application is over the maximum size allowed.
Zoning code Article IX, Sec. 15-342(b)
"The maximum square footage of the terminal platform shall not exceed the square
footage of ten times the linear shoreline frontage for the first seve.nty-five (75) feet of
shoreline and five times the linear shoreline frontage for each foot in excess of
seventy-five {75) feet, not to exceed a maximum of one thousand (1,000} square feet."

Respectfully,

J z Ahmed, Chairman Butler Chain of Lakes Advisory Board Date

315 315
From:
To:
Cc: '.~l.uti.tl.!;llilil'.
Subje ct: Regarding Notice of Application for Variance/Waiver
Date : Friday, November 25, 2022 11:27:21 AM

Caroline, this letter is in rega rds to a Notice of Application for Variance/Waiver (Project Num ber BD-
22-10-167) on parcel 29-23-28-4075-03-980 at 6211 Greatwater Dr., Windermere, FL 34786 on Lake
Tibet-Butler

As the owner of the home next door at 6227 Greatwater Dr., I'm concerned that the height of t he
new structure may impede my view of the lake. I'm not concerned about the size of the dock, only
that the new structure appears to be taller than the existing structure. Thus, if the height is now
taller than I reject t he request, if its only a larger struct ure on the ground floor, then I'm ok.

Thanks

Nicholas Lenoci, Jr.


6227 Greatwat er Dr.
Windermere, FL 34786
407-766-8692 - cell
407-876-1211 - home

316 316
317 317
...~~- .

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318 318
ENVIRONMENTtU, PROTECT.ION DIV1S[ON
David D . Jone$, P.E., CEP, i\·h111ager
3 !65 McCrnq Pfar.~, S·-.:mi WO
Orlando, fl. 32803
407 836- 1-100 • i<9.:, -l07 f!Jo 1-IS9
wvr .v ocfl. net

ORA.t~GE COUNTY
l!.\"Y!l{t>.'i::Vlli>.'rAl -
ENVJRONMENTAL PROTECTION COMlVIlSSlON
PRO'If!C'.CION December 14, 2022
CO ~M!iS:l O"'i

:'<lark Ausley
Cb<tin:n:w Project Name: Ronald and Elizabeth Schenk Request for Waiver for Dock Permit

.tlnn Horn Pennit Application Number: BD-22-10- 167


Vice Ui:,irm:w

Location/Address: 6211 Greatwater Drive, Windermere, FL 34786

RECOMlVIBNDATION: Accept the findings and recommendation of the Environmental


Protection Officer, and make a finding that the waiver request
is consistent with Orange County Code, Chapter 15, Article
IX, Section 15-350(a)(2) and recommend approval of the
request for waiver to Section 15-342(b) to increase the
maximum allowable terminal platform size from 1,000 to 1,626
square feet with a payment of$1,087 to the Conservation Trust
Fund within 60 clays of the decision of the Board of County
Commissioners for the Schenk Dock Construction Permit BD-
22-10-167. District 1 ·

/4Pc AGREES WITH Tiffi ACTIONS REQUESTED, AS PRESENTED


- EPC DISAGREES WITH THE ACTION(S) REQUESTED, AS PRESENTED AND
HAS MADE THE FOLLOWING RECOMNlENDATION:

Reject the findings and recommendations of the


Envfronmen:lal Protection Office!', and make a finding that the
requ.est for waiver is not consistent with Orange County Code,
Cbapte;r 15, Artide IX, Sedion 15-350(a)(2) and recommend
denial of the request for waiver to Section 15-342(b) to
incni21se the maximum allowable terminal platform size from
1,000 to 1,626 square feet for the Ronald and Elizabeth Schenk
Dock Constrnctio:rn Permit BD-22-10-167. District 1

Signature of EPC Chairman: --'-'-"-


o/--'-"'cM
"-=J-'-f---"--
c2-=--
tl_lb
_{jf-
0
_ _ __ _
(/
DATE EPC RECOM.tvlENDAT ION RENDERED: - ~1=2/~1~
4/=2~02=2~- - - -- -

319
I. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES

O~E Interoffice Memorandum DEPARTMENT


2

cftfy
GOVERNMENT
F LORIDA

January 4, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~

FROM: Tim Boldig , Interim Directdr·::~_r_)


Planning, Environmental, and
Development Services Department

CONTACT PERSON: Mitchell Glasser, Manager


Housing and Community Development Division
407 -836-5190

SUBJECT: January 24, 2023 - Consent Item


Multi-Family Affordable Housing Developer's Agreement
regarding the Affordable Housing Trust Fund Program

On June 17, 2021, Orange County issued a Request For Proposals Y21-1046-RM for
Multi-Family Affordable Housing ("RFP Y21") with the source of funding from the
Affordable Housing Trust Fund Program. On September 14, 2021 , the Board approved
the ranking and selection of four firms under RFP Y21 . This selection included Emerald
Villas Phase Three, LLC (the "Owner") which intends to develop a new 90-unit affordable
rental housing project to be known as Emerald Villas Phase Three (the "Project").

The County approved funding for the Project requested under RFP Y21, in the amount of
$4,500,000, in the form of a project loan and provided authorization to the Procurement
Division to execute developer agreements and negotiate the terms of the loans within the
proposed budget. Following this approval the federal inflation rate increased at an
unprecedented pace, causing an increase in construction costs outside of the Owner's
control. As a result, the project demonstrated a construction funding gap of $2,500,000 .

The County recognized the need to maintain the viability of the Project and believed it was
beneficial to deliver these much needed affordable housing units in a timely manner.
Therefore, the Board approved setting aside $2,500,000 in American Rescue Plan ("ARP")
funds to close the gap on July 14, 2022. The Board is utilizing available Affordable
Housing Trust Fund Program and ARP funds for this Project, totaling $7,000,000. The
Multi-Family Affordable Housing Developer's Agreement provides this total amount to the
Project as a low interest loan and details the terms and conditions of the loan.

320 320
January 24, 2023 Consent Item
Multi-Family Affordable Housing Developer's Agreement
Page 2

Orange County will utilize the seNices of Neighborhood Lending Partners of Florida, lnc. ,
a Florida not-for-profit corporation and certified community . development financial
institution, to facilitate the making of the project loan to the Owner, including permanent
loan closing and loan seNicing.

The County Attorney's Office has reviewed the agreement as to form.

ACTION REQUESTED: Approval and execution of Multi-Family Affordable


Housing Developer's Agr~ement between Orange County,
Florida, and Emerald Villas Phase Three, LLC, and
Neighborhood Lending Partners <>f Florida, Inc., regarding
the Affordable Housing Trust Fund Program Y21-1046B -
Emerald Villas Phase Three, LLC providing a total amount
of $7,000,000 of available Affordable Housing Trust Fund
and American Rescue Plan Dollars. District 2.

TB/MG/js
Attachments

321 321
Return to:
Orange County Housing and Community Development Divn.
525 E. South Street
Orlando, FL 32801-2891

MULTI-FAMILY AFFORDABLE HOUSING DEVELOPER'S AGREEMENT


BETWEEN
ORANGE COUNTY, FLORIDA, AND
EMERALD VILLAS PHASE THREE, LLC, AND
NEIGHBORHOOD LENDING PARTNERS OF FLORIDA, INC.,
REGARDING THE
AFFORDABLE HOUSING TRUST FUND PROGRAM

Y21-1046B - Emerald Villas Phase Three, LLC

THIS AGREEMENT, Y21-1046B, is entered into by and between ORANGE


COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida,
(the "County") and Emerald Villas Phase Three, LLC, a Florida limited liability company
(the "Owner") and Neighborhood Lending Partners of Florida, Inc., a Florida not-for-profit
corporation and certified community development financial institution ("NLP"). The
County, Owner and NLP may hereinafter be referred to as the "Parties."

RECITALS

WHEREAS, the Owner owns that certain real property, more specifically described
in Exhibit "A", attached hereto and incorporated herein by reference (the "Property") and
intends to develop a new 90 unit affordable rental housing project to be known as Emerald
Villas Phase Three (the "Project"); and

WHEREAS, on March 24, 2020, the Orange County Board of County


Commissioners (the "Board") adopted Ordinance No. 2020-09 establishing the Affordable
Housing Trust Fund Program known as the "Affordable Housing Trust Fund" or the "Trust
Fund" for the purpose of providing the financial resources and the leverage necessary to
create and preserve affordable housing units in Orange County; and

WHEREAS, on September 22, 2020, the Board adopted the Affordable Housing
Trust Fund Plan that outlines the eligible uses of the Trust Fund, including a strategy to
provide gap financing to developers of affordable housing when additional funds are
needed to secure the production or acquisition of affordable housing; and

WHEREAS, on June 17, 2021, Orange County issued Request For Proposals
Y21-1046-RM ("RFP Y21") for Multi-Family Affordable Housing with the source of funding
from the Trust Fund Program; and

WHEREAS , on September 14, 2021, the Board approved the ranking and
selection of four firms under RFP Y21 ; and

WHEREAS , on September 14, 2021 , the Board also approved for the
Procurement Division to execute Developer Ag reements and negotiate the terms of the
loans with in the proposed budget; and

322 322
WHEREAS, the County approved funding for the Project in the amount requested
by the Owner under RFP Y21, Four Million Five Hundred Thousand Dollars ($4,500,000)
in the form of a loan (the "Project Loan"); and

WHEREAS, the federal inflation rate has increased in recent months at an


unprecedented pace, causing an increase in construction costs outside of the Owner's
control; and

WHEREAS, the Project has demonstrated a construction funding gap of


$2,500,000 due to inflationary cost increases; and

WHEREAS, the County has the desire to maintain the viability of the Project and
believes it is beneficial to deliver these much-needed affordable housing units in a timely
manner; and

WHEREAS , the County has set aside American Rescue Plan ("ARP") funds for
affordable housing gap financing ; and

WHEREAS, the Board desires to close the gap by adding funds from ARP and
Housing Trust Fund; and

WHEREAS, the Board now desires to allocate $2,500,000 of the County's


American Rescue Plan dollars to close the funding gap; and

WHEREAS, the Board is permitted and desires to utilize available Affordable


Housing Trust Fund Program and American Rescue Plan funds for the funding for the
Project; and

WHEREAS, the County desires to utilize the services of NLP to provide mortgage
loan services , to facilitate the making of low-interest and/or deferred loan or loans to the
Owner including permanent loan closing and loan servicing ; and

NOW, THEREFORE, in consideration of the mutual covenants and conditions


contained herein, the parties agree as follows :

ARTICLE I

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated
herein as a material part of this Agreement.

ARTICLE II

Section 1. Definitions. In construing this Agreement, the following words, phrases


and terms shall have the following meanings, unless the context requires otherwise:

1.1 '/\ffordable" means that monthly rents do not exceed 30 percent of that
amount which represents the percentage of the median adjusted gross
annual income for the household.

1.2 "Very Low Income Person or Household" shall mean a person or household
whose income does not exceed fifty percent (50%) of the Orlando

2
323 323
Metropolitan Statistical Area ("MSA") Median Income published annually by
the United States Department of Housing and Urban Development ('HUD")
and distributed by FHFC, adjusted for family size.

1.3 "Low Income Person or Household" shall mean a person or household


whose income does not exceed sixty percent (60%) of the Orlando MSA
published annually by HUD and distributed by FHFC, adjusted for family
size.

1.4 "Affordability Period" shall mean no less than a twenty (20) year affordability
period commencing after the final completion of the Project and shall be
required for all units in the Project.

1.5 "Project Completion" or "Completion Date" means that all necessary title
transfer requirements and construction work on the Project have been
performed and a certificate of completion and/or Certificate of Occupancy
has been issued by the County for the Project.

1.6 Orlando Metropolitan Statistical Area ("MSA'J shall include the areas of
Orange, Lake, Seminole, and Osceola counties.

1.7 "First Mortgagee" means Florida Housing Finance Corporation and Bank
of America, N.A., their successors and/or assigns, and the lender of any
permanent financing for the Project:

ARTICLE Ill

Section 1. Scope of Project

1.1 The Owner shall utilize Project Loan funds along with other financing
source(s) to construct, at a minimum, 90 (ninety affordable multifamily
housing units at the rental project known as Emerald Villas Phase Three on
the Property. Of the total 90 units, 23 units shall be rented to households
earning up to 50% AMI, 56 units shall be rented to households earning up
to 60% AMI, and 11 units shall be rented to households earning up to 80%
AMI.

1.2 The rent restrictions established for the Project shall comply with the
affordable rental guidelines for this income and household size in
·accordance with the gross rent restrictions established by FHFC.

1.3 The Owner will ensure that the Project incorporates the required green
building features detailed under RFP Y21 and included in Exhibit H.

1.4 The Owner will ensure that the Project achieves Gold level certification
under the National Green Building Standard Certification's designation
program with one year after the issuance of a Certificate of Occupancy.

1.5 The Owner will ensure that the Project implements the required Lower
Barrier unit tenant screening criteria for the set aside units as ·detailed in
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Exhibit I and provide the County with an annual monitoring materials as
described in Exhibit J.

1.6 The Owner will ensure that all of its employees, agents, subcontractors,
representatives, or any other individual or entity which it utilizes for the
Project will fully comply with all of the terms and conditions set forth herein.

1.7 The Owner shall be solely responsible for the means, methods, techniques,
sequences, safety programs, procedures and permitting necessary . to
legally, properly and fully complete the work associated with the Project.

1.8 The Owner, at its sole expense, shall comply with all laws, ordinances,
judicial decisions, orders, regulations and guidelines of federal, state,
county, and municipal governments applicable to the Project in effect at the
time of execution of this Agreement and as may become applicable
thereafter during the term of the note, mortgage and restrictive covenant
resulting from the Project Loan.

1.9 Pursuant to the terms of that certain Program Administration Agreement


between the County and NLP approved by the Board on September 26,
2021 as it may be amended or extended from time to time ("Program
Administration Agreement"), NLP shall provide all the services and loan
documentation including recording the loan documents necessary to
facilitate and accomplish the loan closings for the Project Loan to include:
Construction loan closing, permanent loan closing, disbursement of the
Project Loan proceeds, and loan servicing. The Project Loan will be
evidenced by a subordinate promissory note and secured by a subordinate
mortgage lien against the Property executed and delivered by Owner to
NLP. Such mortgage and promissory note shall be subordinate in all
respects to the Owner's first mortgage financing for the acquisition and
construction of the Project and to all permanent loan(s). The County and/or
NLP shall consent to and execute a subordination and standstill agreement
("Subordination Agreement") with the first mortgage construction lender for
the Project and, if necessary, the permanent lender (each, a "Senior
Lender"). The County and NLP's subordinate promissory note and
subordinate mortgage shall comply with the provisions and requirements of
such subordination agreement with the Senior Lender.

1.10 The Owner, at its sole cost and expense, shall supply NLP with all
documentation, including, but not limited to, mortgagee title insurance
commitments, surveys, physical needs assessments, engineering reports,
environmental assessments ("Phase 1" reports), plans and specifications
and legal opinions, required to close on the Project Loan.

1.11 The Owner shall pay NLP all reasonable fees and charges incurred in
closing the Project Loan and disbursement of the loan proceeds. NLP shall
remit to the County the Owner's payment under the Project Loan documents
pursuant to the terms and conditions of the Program Administration
Agreement.

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ARTICLE IV

Section 1. Payment and Loan Terms

1.1 This Agreement constitutes a commitment to make the Project Loan to


Owner subject to the terms and conditions hereof.

1.2 The County has designated a total of Seven Million Dollars ($7,000,000)
towards the costs of the Project from the Affordable Housing Trust Fund for
the construction activities to be performed by Owner.

1.3 The County shall transfer Project Loan funds allocated herein to NLP. NLP
will make the Project Loan of such County funds to the Owner and will
disburse proceeds of such loan in one or more advances subject to the
terms and conditions set forth herein and in the applicable loan documents.
The Project Loan shall be evidenced by a promissory note(s) and secured
by a mortgage(s) and other loan documents. Owner shall agree to the
Project Loan and expressly agrees to comply with and perform all of the
terms and conditions of this Agreement, the note(s), the mortgage(s), the
restrictive covenant and the other loan documents related thereto described
below.

1.4 The Project Loan shall bear an interest rate of one half of one percent
(0.50%) compounded monthly and such loan payments shall be based on
a 20 year amortization schedule after completion of the Project, as such
completion is described in Article V below. The loan payments will be
payable from Cash Flow only. To the extent there is insufficient Cash Flow
in any year for Owner to pay all or any portion of the loan payment(s), the
amount of the loan payments made shall be deferred and shall accrue until
the date when there is sufficient Cash Flow available to make such
payment. For purposes hereof, "Cash Flow" shall mean the excess of the
Project's Cash Receipts over the Project's Operating Expenses for the
same time period. "Cash Receipts" shall mean all rental revenue, laundry
income, parking revenue, amounts released from escrow accounts, and
other incidental revenues on a cash basis, and rental subsidies on an
accrual basis, received by Owner from normal operations of the Project but
specifically excluding proceeds from insurance (other than business or
rental interruption insurance), loans, proceeds of any capital transaction, or
capital contributions. "Operating Expenses" shall mean and refer to all
ordinary and necessary operating expenses (including those reasonable
replacement and maintenance reserves or accruals required by generally
accepted accounting principles) as well as necessary capital improvements
and those other reasonable reserves and reasonable accruals that are
required to operate, maintain, repair and keep the Project in a neat, safe,
and orderly condition, as well as the payment of all principal and interest
payments for Project debts, the payment of any outstanding Project costs,
and the payment of any other customary fees or expenses associated with
a low income housing tax credit project.

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1.5 Notwithstanding anything in Section 1.4 of this Article IV to the contrary,
Owner shall pay NLP a servicing fee in the amount of $2,916.67 per month.

1.6 After closing for Project Loan funds, NLP shall submit a written request to
the County for such funds in the amount of Seven Million Dollars
($7,000,000). The written funding request to the County from NLP shall be
submitted together with the following documents relating to the Project
Loan:

1. Executed promissory note from Owner to NLP ("Subordinate


Note");
2. Executed second mortgage against the Property in favor of NLP
("Subordinate Mortgage");
3. Executed Multi-Family Affordable Housing Developer's
Agreement between Owner, NLP and Orange County; and
4. Title Insurance Commitment.
1.7 Subject to any requirements set forth in the senior loan documents, NLP
shall immediately deposit the Project Loan funds into an interest bearing
escrow account with a bank selected by NLP. All interest earned in the
account shall be retained in the account and paid to the County after the
Project is completed.
1.8 Each advance from NLP to Owner shall be deemed to be an advance under
the applicable Note(s). NLP may apply any amounts due the Owner
thereunder toward satisfaction of any of the terms or conditions of this
Agreement, and amounts so applied shall be part of the Project Loan and
shall be secured by the lien of the Mortgage(s), and all disbursements from
any "contingency" categories shall be made at NLP's discretion after
approval by the County pursuant to the terms of the Loan Documents. Such
approval and discretion shall not be unreasonably withheld.
1.9 Upon request from NLP, the Owner shall submit those documents
requested by NLP including the invoices and reports on the actual work
completed on the Project. AIA documents may be used to support other
documents for application and certificate of payment. The final advance
under the Project Loan will be made after NLP and the County have made
an on-site inspection. Owner shall supply partial and final lien releases from
all materialmen, contractors and sub-contractors, as may be required by the
County and/or NLP in their sole discretion .
1.10 If the Owner fails to request disbursement of any Project Loan funds for a
period of eighteen (18) months from the date of this Agreement, subject to
unavoidable delays, the County may, subject to the terms and conditions of
the Subordination Agreement, at its option and upon fifteen (15) days
written notice to Owner, recoup part or all of any remaining Project Loan
funds. Funds that are recouped by the County shall no longer be available
for advance hereunder to the Owner.

1.11 After the Project Completion and upon stabilization, the Owner shall provide
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NLP and Orange County a copy of the recorded Extended Use Agreement
from FHFC.
ARTICLE V

Section 1. Project Construction

1.1 The Owner shall obtain all necessary governmental permits and approvals,
as needed, and shall cause construction of the Project to begin no later than
sixty (60) days after the date of closing of the Loan and only after the
recording of the Notice of Commencement, and shall cause such
construction to be prosecuted with diligence and dispatch so that the
construction of the Project is completed in substantial accordance with the
final plans, in form and content acceptable to the County, free and clear of
all liens or claims for materials, labor, services, or other items furnished in
the construction of the Project, and in full compliance with all building,
zoning and all other applicable local, state and federal laws, ordinances and
regulations for senior multi-family housing. Completion of the Project shall
be evidenced by the Certificate of Completion and/or Certificate of
Occupancy issued by the governmental authorities having jurisdiction and
a final certification by the qualified construction inspector that the Project
have been completed in substantial accordance with the Final Plans.

1.2 The County, NLP, and any other agent or representative of the County shall
have the right to enter the Project during normal business hours, after
reasonable written notice to Owner, for the purpose of inspecting the
Project. The Owner shall cause the General Contractor and all
subcontractors and suppliers to cooperate with the County and their agents
and representatives in the exercise of their rights and performance of their
duties hereunder.

ARTICLE VI

Section 1. Insurance Requirements

1.1 The Owner agrees to maintain on a primary basis and at its sole expense
the following types of insurance coverage with limits and on forms (including
endorsements) as described herein. These requirements, as well as the
County's review or acceptance of insurance maintained by Owner, are not
intended to, and shall not in any manner limit or qualify the liabilities or
obligations assumed by Owner under this contract.

1.2 The Owner shall require and ensure that each of its contractors, sub-
contractors and consultants providing services hereunder (if any) procures
and maintains until the completion of their respective services, insurance of
the types and to the limits specified herein.

1.3 Insurance carriers providing coverage required herein must be licensed to


conduct business in the State of Florida and must possess a current A.M.
Best's Financial Strength Rating of A- Class VIII or better.

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1.4 Required Coverage as stated in this Agreement and the Loan Documents:

A) Workers' Compensation - Owner shall maintain coverage for its


employees with statutory workers' compensation limits, and no less
than $100,000 each incident of bodily injury or disease for Employers'
Liability. Said coverage shall include a waiver of subrogation in favor
of the County. Elective exemptions as defined in Florida Statute 440
will be considered on a case-by-case basis. Any agency/vendor using
an employee leasing company shall complete the Leased Employee
Affidavit (Exhibit B).

B) Commercial General Liability - Owner shall maintain coverage issued


on the most recent version of the ISO form as filed for use in Florida or
its equivalent, with a limit of liability of not less than- $1,000,000 per
occurrence. Owner further agrees coverage shall not contain any
endorsement(s) excluding or limiting Product/Completed Operations,
Contractual Liability, or Separation of Insureds. The General
Aggregate limit shall either apply separately to this contract or shall be
at least twice the required occurrence limit.

C) Business Automobile Liability - Owner shall maintain coverage for all


owned; non-owned and hired vehicles issued on the recent version of
the ISO form as filed for use in Florida or its equivalent, with limits of
not less than $500,000 per accident. In the event Owner does not own
automobiles the Owner shall maintain coverage for hired and non-
owned auto liability, which may be satisfied by way of endorsement to
the Commercial General Liability policy or separate Business Auto
Liability policy.

D) Professional Liability (if applicable) Owner shall require architecture


and engineering companies providing professional services to
maintain professional liability (errors and omissions or medical
malpractice) coverage with limits of not less than $1,000,000 per
occurrence.

1.5 When a self-insured retention or deductible exceeds $100,000, the County


reserves the right to request a copy of Owner's most recent annual report
or audited financial statement. For policies written on a "Claims-Made"
basis the Owner agrees to maintain a retroactive date prior to or equal to
the effective date of this contract. In the event the policy is canceled, non-
reriewed , switched to occurrence form, or any other event which triggers
the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this contract the Owner agrees to purchase the SERP with
a minimum reporting period of not less than two years. Purchase of the
SERP shall not relieve the Owner of the obligation to provide replacement
coverage.

1.6 By entering into this contract, Owner agrees to provide a waiver of


subrogation or waiver of transfer of rights of recovery, in favor of the County
for the workers' compensation and general liability policies as required
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herein. When required by the insurer or should a policy condition not permit
the Owner to enter into a pre-loss Agreement to waive subrogation without
an endorsement, then Owner agrees to notify the insurer and request the
policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of
Rights of Recovery Against Others endorsement.

1.7 Owner agrees that the County should be declared as an Additional Insured
with a CG 2010 Additional Insured, or its equivalent to all commercial
general liability policies called for in this Agreement. The additional insured
shall be listed in the name of Orange County Board of County
Commissioners.
1.8 Any request for an exception to these insurance requirements must be
submitted in writing to the County for approval, which County may decline
to approve in the County's sole discretion.

1.9 Prior to execution and commencement of any operations/services provided


under this contract the Owner shall provide the County and NLP with current
certificates of insurance evidencing all required coverage. In addition to the
certificate(s) of insurance, the Owner shall also provide a Blanket Additional
Insured Endorsement (Exhibit C) or Specific Additional Insured
Endorsement (Exhibit D) and a Waiver of Subrogation (Exhibit E) or Waiver
of Transfer of Rights of Recovery (Exhibit F) endorsements for each policy
as required above. The certificates shall clearly indicate that the Owner has
obtained insurance of the type, amount and classification as required for
strict compliance with this insurance section. No material change or
· cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the County. Certificates shall specifically reference the
respective contract number. The certificate holder shall read:

Orange County Board of County Commissioners


Housing and Community Development Division
525 E. South Street
Orlando, Florida 32801

Section 1. Indemnification

If there are any claims for damages attributable to the negligence, errors or
omissions of Owner, their contractors, subcontractors, agents or employees
arising in any manner from the Project and this Agreement, Owner shall
defend, indemnify and hold harmless the County from any and all losses,
costs, liability, damages and expenses arising out of such claims or litigation
asserted as a result hereof. However, Owner shall not be (i) responsible
for acts or omissions of the County, its agents or employees which result in
bodily injury to persons or property, and (ii) personally liable for principal
and interest payments on the Project Loan during its permanent phase,
when the Project Loan is nonrecourse to the Owner.

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ARTICLE VII

Section 1. Fair Housing


1.1 The Owner shall not discriminate against any person or family on the
grounds of race, color, national origin, religion, familial status, sex, sexual
orientation or disability. The Owner shall comply with Human Rights
Ordinance Chapter 22 of the Orange County Code.

1.2 The Owner shall comply with Affirmative Marketing and Minority Outreach
as set forth in Human Rights Ordinance Chapter 22, Article IV Fair Housing
of the Orange County Code. The Owner shall abide by the following:

A. The Owner shall provide rental information and attract eligible


persons in the housing market area without regard to race, color,
national origin, religion, sex, sexual orientation or disability and

B. The Owner shall employ the Equal Housing Opportunity slogan, logo
or statement in all solicitations for tenants and posters with the fair
housing logo will be prominently displayed at the Project.

1.3 The Owner shall maintain records of its affirmative marketing efforts and
keep them available for review by the County's Housing and Community
Development Division staff.

1.4 The Owner shall assess the success of its affirmative action efforts and
when applicable, undertake all necessary corrective actions as mandated
by the County, when affirmative marketing requirements are not met.

ARTICLE VIII

Section 1. RENTAL HOUSING RESTRICTIONS

1.1 The Project shall consist of a minimum of ninety (90) units in total. During
the affordability period, 23 units shall be rented to very low-income
households earning up to 50% AMI, 56 units shall be rented to low-income
households earning up to 60% AMI, and 11 units shall be rented to
households earning up to 80% AMI.

1.2 The Owner shall verify the household income of the prospective tenants for
eligibility in all units prior to the initial occupancy. Thereafter, income
verification shall be performed on an annual basis.

1.3 The Owner's management company shall obtain a certification of income


and age for each of prospective tenant prior to admission to the Project.
Source documentation for each adult household member shall be
obtained to support income claims. The form of Certification shall be as
required by the FHFC .

Should the annual income recertification of such households result in non-


compliance with income occupancy requirements, the next available unit
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must be rented to a qualifying household in order to ensure continuing
compliance of the Project.

1.4 Every unit will be subject to the rent restrictions established for the Project.
Rents shall comply with the federal rent guidelines released by HUD
annually and provided for in (Exhibit G) for 2022 income rent limits.

1.5 For purposes of complying with the requirements of this Agreement, if the
income of an individual or family renting a set-aside affordable unit initially
meets the applicable income limitation at the commencement of occupancy
of the unit, the income of such individual or family shall be treated as
continuing to not exceed the applicable income limits so long as the rent
charged for such set-aside affordable unit remains in accordance with the
gross rent restrictions established by FHFC. The preceding sentence shall
cease to apply to any individual or family whose income, as of the most
recent determination, exceeds one hundred- forty percent (140%) of the
applicable income limit, if after such determination, but before the next
income determination, any set-aside affordable unit of comparable or
smaller size in the Project is occupied by a new resident whose income
exceeds the applicable income limit for very low or low income tenants as
defined in this Agreement.

1.6 All of the units in the Project shall be affordable for no less than a minimum
period of twenty (20) years from the date of Certificate of Completion or
Certificate of Occupancy for the Project issued by the County.

1.7 All rental units shall be in compliance with Housing Quality Standards and
property standards as outlined under 24 CFR 92.251 , Accessibility
Standards under 24 CFR 92.251 (a)(2) and local code requirements for the
duration of the affordability period.

The Owner shall cooperate with the County by allowing on-site inspections
of Trust Fund units for compliance with Housing Quality Standards and local
code requirements on an as needed basis.

Notwithstanding the foregoing , Owner may establish compliance with the


requirements of this Article by providing to the County the annual
compliance monitoring reports prepared by the Florida Housing Finance
Corporation's compliance monitor in addition to monitoring reports on the
lower barrier units.

ARTICLE IX

Section 1. Records and Reports

1.1 During the construction of the Project, the Owner shall provide to the County
and NLP, a quarterly status construction report concerning the progress
made on the Project. The information provided should be a narrative
summary of progress, including but not limited to, the percentage of the
Project completion , selection of contractors, expenditures and such other
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information as required under this Agreement and as may be deemed
appropriate by the County. Such report shall be due the tenth day of each
month.

1.2 The Owner shall cooperate with the County and NLP in the implementation
and maintenance of an evaluation system to monitor the Project. Such
cooperation shall include, but not be limited to, periodic submission of
tenant data reports, affirmative marketing efforts, and annual tenant income
re-certifications and other obligations in this Agreement.

1.3 The Developer shall maintain complete and accurate records of the income
for each of the qualifying occupants and the rents charged for the set-aside
units. All records shall be maintained in accordance with Chapter 67-37,
Florida Administrative Code, or the HUD income limits, whichever is more
restrictive. The Developer shall permit any duly authorized representative
of Orange County to inspect the books and records upon reasonable notice.

1.4 The Developer shall furnish to the County's Housing and Community
Development Division and NLP a copy of the Annual Owner's Certificate of
Housing Credit Program Compliance Form AOC-1, Program Report
Summary Form PR-1, Recap of Tenant Income Certification Form AR-1
submitted to the FHFC, and monitoring report on lower barrier units (Exhibit
J). Copies shall be submitted on annual basis subsequent to the issuance
of the first certificate of occupancy for the Project.

1.5 Notwithstanding anything contained herein to the contrary, in the event that
the requirements set forth in this Article IX shall in any manner conflict with
the Low Income Housing Credit requirements of Section 42 of the Internal
Revenue Code of 1986, as they may be amended from time to time, such
provisions of the Internal Revenue Code shall control.

ARTICLE X

Section 1. Monitoring

1.1 The Owner shall cooperate with the County's Housing and Community
Development Division and NLP, or any of its agents in carrying out its
monitoring responsibilities, which may, in the sole discretion of the County,
include on-site inspections. Further, the Owner shall regularly monitor its
performance under this Agreement to ensure that time schedules are being
met during the construction period and other performance goals are being
achieved during the affordability period. The Owner shall notify Orange
County when the Project's Certificate of Occupancy is issued as part of the
Project's monitoring.

ARTICLE XI

Section 1. Compliance with Applicable Laws and Other Conditions

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1.1 The Owner shall comply with the Architectural Barriers Act of 1968 (42
U.S.C. §§ 4151-4157), the Uniform Federal Accessibility Standards, the
Americans with Disabilities Act of 1990 (42 U.S.C. §12131), and all state
and local laws requiring physical and program accessibility to people with
disabilities. Any contracts entered into by the Owner shall include a
provision for compliance with all such regulations. The Owner shall keep
records demonstrating compliance with these regulations.

1.2 The Owner shall provide a drug-free workplace. The Owner shall comply
with the Drug-Free Workplace Act of 1988.

1.3 By executing this Agreement, the Owner hereby certifies that it is not on the
"Convicted Vendor List" maintained by the Department of Management
Services pursuant to Section 287.133(3)(d), Florida Statutes, and that it
shall not contract or subcontract with any entity that appears on such list for
the performance of any work or services pursuant to this Agreement. The
Owner understands that should this certification be falsified, that the County
reserves the right to: ( 1) terminate this Agreement; and (2) pursue any of
the County's available legal rig hts and remedies.

1.4 lf the completed rental Project is not occupied by eligible tenants within six
months following the date of Project completion, the County will request that
the Owner submit marketing information, and if appropriate a marketing
plan. The County will require the Owner to repay Project Loan funds
invested in any housing unit that has not been rented at least once to eligible
tenants within eighteen (18) months after the date of Project completion.

ARTICLE XII

Section 1. Additional Owner Covenants

1.1 The Owner shall comply promptly with all federal, state and local laws,
ordinances and regulations relating to the construction, use, and leasing of
the Project, and shall obtain and keep in good standing all necessary
licenses, permits and approvals required or desirable for construction and
use of the Project.

1.2 The Owner will not knowingly engage in any activity or enter into any
relationship which will give rise to any loan or brokerage commission with
regard to the Loan, and the Owner hereby agrees to indemnify NLP and the
County from the claims of brokers arising by reason of the execution hereof
or the consummation of the transactions contemplated hereby.

1.3 The Owner will upon reasonable written demand of NLP or County,
commence the correction any structural defect in the Project or any material
and substantial departure from the final construction plan documents not
approved by NLP and the County, or perform any material condition to NLP
or the County's obligations hereunder not satisfied or no longer satisfied .
The advance of any proceeds of the Loan shall not constitute a waiver of
NLP's or County's right to require compliance with this covenant with
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respect to any such defects or material and substantial departures from the
final construction plan documents not theretofore discovered by, or called
to the attention of NLP, County and the inspector, or with respect to the
Owner's failure to satisfy or continue to satisfy any condition under this
Agreement, whether or not NLP required performance thereof. However, if
any defects cited by or not approved by NLP or County remain unresolved
for more than 60 days, then NLP may withhold future payment to the Owner
under this Agreement or the Loan Documents until the defect is resolved or
cured to the reasonable satisfaction of NLP and County.

1.4 The Owner shall establish and maintain a reasonable accounting system in
accordance with Generally Accepted Accounting Principles, which enables
ready identification of its contractors and of Owner's cost of goods and use
of funds. Such accounting system shall also include adequate records and
documents to justify all prices for all items invoiced as well as all charges,
expenses and costs incurred in providing the goods for at least five (5) years
after completion of the Project. Owner shall ensure in its contract with its
general contractor that NLP and the County or its designee shall have
access to such books, records , contracts, subcontract(s), financial
operations, and documents of the general contractor as required to comply
with this section for the purpose of inspection or audit upon reasonable
notice during normal business hours at the general contractor's place of
business.

1.5 Subject to the rights of Senior Lender pursuant to the senior loan
documents, the Owner shall cooperate with NLP in obtaining for NLP and
the County the benefits of any insurance or other proceeds lawfully or
equitably payable to it in connection with the transaction contemplated
hereby and the collection of any indebtedness or obligation of the Owner to
NLP incurred hereunder (including the payment by the Owner of the
expense of an independent appraisal on behalf of NLP in case of a fire or
other casualty affecting the Development). The prosecution, settlement and
use of insurance claims/proceeds shall be governed by the respective terms
of the first mortgage and loan documents.

1.6 The Owner will do all acts and execute all documents for the better and
more effective carrying out of the intent and purposes of this Agreement, as
NLP and Orange County shall reasonably require from time to time, and will
do such other acts reasonably necessary or desirable to preserve and
protect the collateral at any time securing or intending to secure the Note,
as NLP or Orange County may reasonably require.

1. 7 The Owner will utilize the proceeds of the Project Loan solely for the
Construction Costs for the Project (as such term is defined in the Owner's
fully executed Subordinate Loan Documents) pursuant to the terms of such
documents.

1.8 The Owner shall not assign this Agreement or any interest therein, and any
such assignment shall be void and of no effect without the County's prior
written consent.

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1.9 The Owner shall not incur new or additional liabilities that would constitute
liens against the Property or· the Project, other than as disclosed to the ·
County, as expressly provided for herein, in the NLP loan documents and
in the loan documents of the Senior Lender and except for liabilities incurred
in the ordinary course of business unless otherwise approved by the
County.

1.10 If for any reason the entire amount of the Loan is not used to fund the
Construction Costs or toward permanent financing of the Development, the
principal amount of the Loan shall be reduced by the amount of the unused
funds, which shall be retained by Orange County, and the principal sum of
the Note shall be adjusted accordingly.

1.11 Neither NLP nor the County shall be liable to materialmen, contractors,
subcontractors, sub-subcontractors, laborers, suppliers or others for goods
or services delivered by them in or upon the Property or employed in the
construction of the Project, or for any debts or claims accruing to any of said
parties against the Owner or against the Property, and it is distinctly
understood and agreed that there is no contractual relationship, either
express or implied, between either NLP or the County, and any material
men, contractors, sub-contractors, sub-subcontractors, craftsmen, laborers
or any person supplying any work, labor or material. The Owner is not, and
shall not be, the agent of either NLP or the County for any purpose, nor shall
any of them be the agent of Owner for any purpose, except, as to both, as
may be specifically set forth herein. Nothing in this Agreement, or any
Subordinate Loan Document shall be construed to make the Owner and
NLP and the County partners, or joint or co-venturers, and the relationship
of the Owner with respect to NLP and the County shall at all times be that
of debtor and creditor. ·

ARTICLE XIII

Section 1. Default

1.1 Upon the occurrence of any of the following events and subject to any
applicable cure periods (an "Event of Default") all obligations on the part of
NLP and Orange County to make any advances under the Subordinate
Loan Documents shall, if NLP elects, terminate, and NLP may, subject to
the terms and conditions of the Subordination Agreement, at its option
exercise any of its remedies set forth herein, and in the Subordinate Loan
Documents but NLP may make any advances or parts of advances after the
happening of any Events of Default without thereby waiving the right to
exercise such remedies without becoming liable to make any further
advance. Upon the occurrence and during the continuance of any Event of
Default under the Subordinate Loan Documents, NLP will, subject to the
terms and conditions of the Subordination Agreement, demand and
consider a cure provided within the applicable cure period by the Owner, as
applicable.

1.1.1 Prior to completion of construction of the Project, if the Owner


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fails to, or is unable to, satisfy or keep satisfied any condition within Owner's
reasonable control to an Advance under this Agreement for a period in
excess of thirty (30) days after receipt of written notice thereof.

1.1.2 If for any cause whatsoever other than Unavoidable Delays


(as hereinafter defined) the construction of the Project is at any time
discontinued for more than sixty (60) consecutive business days, or not
carried on with diligence and dispatch, in the reasonable judgment of NLP,
or if the Project, in the reasonable judgment of NLP, are not being
constructed or have not been completed in a good and workmanlike manner
in substantial accordance with the Final Plans, this Agreement and all laws,
rules, regulations and requirements of all governmental authorities having
or claiming jurisdiction, now existing or hereafter enacted, adopted or
promulgated, or if the temporary certificate of occupancy for the
Development or other certificates of compliance with zoning ordinances and
building regulations have not been issued within thirty (30) days after the
Completion Date, as the same may be extended. "Unavoidable Delays" is
defined as delays due to strikes, blackouts, acts of God, failure or inability
to secure materials or labor by reason of priority or similar regulation or
order of any governmental authority, enemy action, civil disturbance, fire,
inclement weather which results in a local declaration of emergency under
state law, or any other act beyond the reasonable control of the Owner,
(excluding, however, the inability or failure of the Owner to obtain any
financing which may be necessary to carry out its obligations under this
Agreement), provided, however, within thirty (30) days after the termination
of the occurrence which caused any such delay, the Owner shall have given
written notice to NLP of the cause of the delay and the period of time during
which it existed, and the period of Unavoidable Delay shall be such period
of time during which the particular delay existed or such longer period of
time as NLP, in its reasonable discretion, may determine.

1.1.3 If any warranty or material representation made by the Owner


in this Agreement or pursuant to the terms of the Loan Documents shall at
any time be found to be false or misleading in any material respect, or if the
Owner shall fail to keep, observe or perform any of the terms, covenants,
representations or warranties contained in this Agreement, the Note, the
Mortgage, the First Mortgage, or any other Loan Document (provided, that
with respect to nonmonetary Events of Default, NLP shall give written notice
to the Owner, who shall have thirty (30) days to cure s·uch Event of Default
(provided, however, if cannot reasonably be cured in such thirty (30) day
period, Owner shall have such additional time as may be reasonably
necessary to effect a cure so long as Owner is diligently pursuing a cure)
and that with respect to monetary Events of Default, the Owner shall have
a fifteen (15) day grace period), or is unable or unwilling to meet its
obligations thereunder.

1.1 .4 If any building permit or other governmental permit, license or


approval required in connection with the Development is not maintained in
full force and effect, expires or is cancelled and not reinstated or renewed
within thirty (30) days of such cancellation or expiration, and such permit,
16
337 337
license or approval is necessary for the stage of construction then ongoing,
or for the operation of the Development once complete.

ARTICLE XIV

Section 1. Default Remedies of NLP and the County

1.1 Subject to the terms of the Subordination Agreement with the Senior
Lender, upon the happening of an Event of Default, unless cured, NLP
and/or the County may, at their option, upon written notice to the Owner,
exercise any one or more of the following options:

1. Terminate this Agreement.

2. Commence an appropriate legal or equitable action to enforce the Owner's


performance under this Agreement.

3. Subject to the terms and conditions of the Subordination Agreement,


accelerate the payment of the Subordinate Note and the Subordinate Loan
Documents and any other sums secured by the Subordinate Mortgage, and
commence appropriate legal and equitable action to foreclose the
Subordinate Mortgage and collect all such amounts due by Owner under
the Loan Documents.

4. Exercise all rights under the agreements with the general contractor, the
architect and the engineer for the Project, or employ others to complete the
construction, and thereafter lease or let the Project; and take such action as
may be reasonable to preserve and protect the Project and construction site
any construction materials stored thereon.

5. Exercise any other rights or remedies that NLP or the County may have
under the Subordinate Mortgage or any other Subordinate Loan Document
or executed in connection with the Project Loan or which may be available
under applicable law.

6. Exercise any other options allowed by law for NLP or the County to protect
their interests.

1.2 No right, power or remedy of NLP or the County as provided in this


Agreement is intended to be exclusive of any other right, power, or remedy
of NLP or the County, but each and every such right, power and remedy
shall be cumulative and concurrent and in addition to any other right, power
or remedy available to NLP and the County now or hereafter existing at law
or in equity and may be pursued separately, successively or concurrently at
the sole discretion of NLP and/or the County. The failure of NLP or the

17
338 338
County to exercise any such right, power or remedy , shall in no event, be
construed as a waiver or release of any right, power or remedy thereof.

1.3 The Developer shall not sell, exchange, assign, convey, transfer or
otherwise dispose of the Property, the Project or any building in the Project
without prior written notice to the County.

ARTICLE XV

Section 1. General Terms

The following shall be applicable throughout the period of this Agreement or


thereafter as provided herein:

1.1 All conditions imposed on the Owner hereunder are imposed solely and
exclusively for the benefit of NLP and/or the County and its successors and
assigns, and no other person shall have standing to require satisfaction of
such conditions or be entitled to assume that NLP will make Advances in
the absence of strict compliance with any or all thereof, and no other person
shall, under any circumstances, be deemed to be a beneficiary of this
Agreement or the Loan Documents, any provisions of which may be freely
waived in whole or in part by NLP or the County at any time if, in their sole
discretion, if they deem it desirable to do so.

In particular, NLP and the County make no representations and assume no


duties or obligations as to third parties concerning the quality of the
construction by the Owner of the Project or the absence there from of
defects. All inspections and other services rendered by or on behalf of NLP
or the County shall be rendered solely for the protection and benefit of NLP
or the County. Neither the Owner nor other third persons shall be entitled
to claim any loss or damage against NLP or the County or against its agents
or employees for failure to properly discharge their duties.

1.2 Nothing contained in this Agreement, or the Loan Documents, shall impose
upon NLP or the County any obligation to oversee the proper use or
application of any disbursements and advances of funds made pursuant to
the Loan.

1.3 The Owner shall indemnify NLP and the County, its directors, officers,
members, officials, employees and agents, from any liability, claims or
losses resulting from the disbursement of the proceeds of the Project Loan
to the Owner or the general contractor for the Project or from the condition
of the Project, whether related to the quality of construction or otherwise,
and whether arising during or after the term of the Project Loan excluding
misconduct, bad faith or negligence of NLP or the County. This provision
shall survive the repayment of the Project Loan and shall continue in full
force and effect so long as the possibility of such liability, claims, or losses
exists.

1.4 The headings of the sections, paragraphs and subdivisions of this


18
339 339
Agreement are for the convenience of reference only, and shall not limit or
otherwise affect any of the terms hereof.

1.5 If performance of any provision hereof or any transaction related hereto is


limited by law, then the obligation to be performed shall be reduced
accordingly; and if any clause or provision herein contained operates or
would prospectively operate to invalidate this Agreement in part, then the
invalid part of said clause or provision only shall be held for naught, as
though not contained herein, and the remainder of this Agreement shall
remain operative and in full force and effect.

1.6 The laws of the State of Florida shall govern the interpretation and
enforcement of this Agreement. Any and all legal action necessary to
enforce the provisions of this Agreement will be held in Orange County,
Florida. Venue for any litigation involving this Agreement shall be the Circuit
Court in and for Orange County, Florida.

1.7 Whenever the singular or plural number, masculine or feminine or neutral


gender is used herein, it shall equally include the others and shall apply
jointly and severally.

1.8 If NLP or the County shall waive any provisions of this Agreement or the
Loan Documents, or shall fail to enforce any of the conditions or provisions
of this Agreement, such waiver shall not be deemed to be a continuing
waiver and shall never be construed as such; and NLP or the County shall
thereafter have the right to insist upon the enforcement of such conditions
or provIsIons. Furthermore, no provision of this Agreement shall be
amended, waived, modified, discharged or terminated, except by
instrument in writing signed by the parties hereto.

1.9 All notices and other communications to be made or permitted to be made


hereunder shall be in writing and shall be delivered to the addresses shown
below or to such other addresses that the parties may provide to one
another in accordance herewith. Such notices and other communications
shall be given by any of the following means: (a) personal service; (b)
national express air courier, provided such courier maintains written
verification of actual delivery; (c) facsimile , or (d) U.S. Mail, Certified,
Return Receipt Any notice or other communication given by the means
described in subsection (a) or (b) above shall be deemed effective upon the
date of receipt or the date of refusal to accept delivery by the party to whom
such notice or other communication has been sent. Any notice or other
communication given by the means described in subsection (c) above shall
be deemed effective the date on which the facsimile transmission occurs or
if such date is not a business day on the business day immediately following
the date on which the facsimile transmission occurs. Any party may change
said address by giving the other parties hereto Notice of such change of
address in accordance with the foregoing provisions.

19
340 340
As to Orange County: Housing and Community Development Division
525 East South Street
Orlando, Florida 32801
Attn: Manager

As to Orange County Orange County Administrator


Copy to: 201 S. Rosalind Avenue
Orlando, Florida 32801

As to Owner: Emerald Villas Phase Three, LLC


2850 Tigertail Avenue, Suite 800
Miami, FL 33133
Attn: Tony Del Pozzo

With a Copy to: Stearns Weaver Miller Weissler Alhadeff &


Sitterson, P.A.
Museum Tower
150 W. Flagler Street, Suite 2200
Miami, Florida 33130
Attention: Brian J. McDonough, Esq.

As to NLP: Neighborhood Lending Partners of


Florida, Inc.
3615 West Spruce Street
Tampa, FL 33607

1.10 This Agreement shall inure to the benefit of and be binding on the parties
hereto and their heirs, legal representatives, successors and assigns; but
nothing herein shall authorize the assignment hereof by the Owner.

1.11 This Agreement may be executed in one or more counterparts, all of which
shall constitute collectively but one and the same instrument.

1.12 Notwithstanding any other provision herein, all rights, title, interests,
covenants and Agreements herein are subject to the rights, title, interests,
covenants and Agreements of the First Mortgagee under its respective loan
documents.

20
341 341
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the dates set forth below.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

BY:
- ---------------
Jerry L. Demings,
Orange County Mayor

DATE:
---------------

ATTEST: Phil Diamond, CPA, Orange County Comptroller


As Clerk of the Board of County Commissioners

By:-------~
Deputy Clerk

Date:
--------------

[REMAINING SIGNATURE ON THE FOLLOWING PAGE]

21
342 342
BY: Emerald Villas Phase Three, LLC
a Florida limited liability company

By: Emerald Villas Phase Three Manager,


LLC, a Florida limited liability company, its
manager

BY:
---- 1 ~J(/~
- -- - - - -- -- - -
Tony Del Pozzo, Vice President

. _/t_L--(_f_?.-_____
l L_
DATE:_ _ _ _

NOTARY:

STATE OF: FLORIDA


COUNTY OF: MIAMI-DADE /.

The foregoing instrument was acknowledged b~tore me by m~ns of _ physical


pres~ce or_ online notarization on this / (p-1V"day of ~.)te01'0bvl/ ,
201)/,/, by Tony Del Pozzo, Vice President of Emerald Villas Phase Three Manager,
LLC , a Florida limited liability company, the manager of Emerald Villas Phase Three,
LLcy1orida limited liability company, on behalf of the companies who is:

~ fsonally Known
□ Prnduced ldentificp ion ID Type:_ _ _ _ _ _ _ _ _ __

\J ~/\1) OJ_ ,_! 1v


Signature Notary Public VANESSA PILOTO
MY COMMISSION# HH 213353
Print, Type/Stamp Name of Notary EXPIRES: February 18,202.6

22

343 343
[REMAINING SIGNATURE ON THE FOLLOWING PAGE]

BY: NEIGHBORHOOD LENDING PARTNERS


OF FLORIDA, INC.,
A Florida Not-for-Profit Corporation

BY:_ ·~f/!L~~~~-
1 _ _ _ __
Mary Fellows, Executive Vice President

DATE: /,Z /2.zµ


1
?-

NOTARY:

STATE OF: f W ~-ll // )


COUNTY OF: Yr IA~ qg b//,,- o (14 /.j
The foregoing instrument was acknowledged betpre me by means of..¼. physical
presence or _ online notarization on this ~ 'tiay of D([vt!.... # (/(if--,
20 J-.?✓ , by Mary Fellows, Executive Vice President of Neighborhood Lending Partners
of Florida, Inc.

~sonally Known
□ Prod u ced Identification. ID Type:
----------
~ ,.«IL/~
Signature Notary Public
Print, Type/Stamp Name of Notary -~~-- CINZlAVKEEVER
f.: 'Ji;'·..:1
1
MY COMMISSION# GG 359051
~~-~ '.~f EXPIRES: September 1, 2023
~--~~r..~t-~ llolldedltorvNolety Pul>lc~

23

344 344
EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein below is situated in the County of ORANGE, State of
Florida, and described as follows:

PHASE 3

COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 22 SOUTH,


RANGE 29 EAST, ORANGE COUNTY, FLORIDA; RUN THENCE N00°01'24"WALONG
THE 1/4 SECTION LINE A DISTANCE OF 516.15 FEET; THENCE N89°50'13"W
PARALLEL WITH THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION A DISTANCE
OF 40.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF PINE HILLS
ROAD; THENCE N00°01'24"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
469.46 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 995.93 FEET, A CHORD BEARING OF
N02°00'27"E, A CHORD DISTANCE OF 70.55 FEET, RUN THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°03'35", A
DISTANCE OF 70.56 FEET; THENCE N00°01'24"W A DISTANCE OF 92.81 FEET TO
A NON-TANGENT POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 622.96, FEET, A CHORD BEARING OF N17°21 '00"E, A CHORD DISTANCE
OF 127.55 FEET, RUN THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 11°45'07", A DISTANCE OF 127.78 FEET
TO A NON-TANGENT POINT; THENCE N13°58'36"E A DISTANCE OF 104.50 FEET;
THENCE N76°01'24"WA DISTANCE OF 10.00 FEET TO A NON-TANGENT POINT ON
A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 767.51 FEET, A
CHORD BEARING OF N12°38'17"E, A CHORD DISTANCE OF 35.86 FEET, RUN
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 02°40'38", A DISTANCE OF 35.86 FEET TO THE SOUTHEAST
CORNER OF TRACT "A" OF THE VILLAS AT PINE HILLS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 114 OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING THE WEST RIGHT-OF-WAY
LINE OF PINE HILLS ROAD, RUN S89°02'08"W ALONG THE SOUTH LINE OF SAID
VILLAS AT PINE HILLS A DISTANCE OF 732.14 FEET FOR A POINT OF BEGINNING;
THENCE S01 °02'05"E A DISTANCE OF 137.85 FEET; THENCE S88°57'55"W A
DISTANCE OF 25.57 FEET; THENCE S37°44'36"W A DISTANCE OF 215.80 FEET;
THENCE S89°08'54"W A DISTANCE OF 114.00 FEET; THENCE S01 °02'05"E A
DISTANCE OF 37.00 FEET; THENCE S89°08'54"W A DISTANCE OF 10.41 FEET;
THENCE S00°51'06"E A DISTANCE OF 123.50 FEET; THENCE S88°59'59"W A
DISTANCE OF 205.12 FEET TO A POINT ON THE EAST LINE OF FORREST PARK
UNIT 7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
PAGE 71 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
N00°01'24"WALONG SAID EAST LINE A DISTANCE OF 466.72 FEET TO A POINT ON
THE SOUTH LINE OF SAID VILLAS AT PINE HILLS; THENCE N89°02'08"E ALONG
24
345 345
SAID SOUTH LINE A DISTANCE OF 482.42 FEET TO THE POINT OF BEGINNING.

CONTAINS 165,956 SQUARE FEET OR 3.810 ACRES MORE OR LESS.

25
346 346
EXHIBIT B

LEASED EMPLOYEE AFFIDAVIT

I affirm that an employee leasing company provides my workers' compensation coverage.


I further understand that my contract with the employee leasing company limits my
workers' compensation coverage to enrolled worksite employees only. My leasing
arrangement does not cover un-enrolled worksite employees, independent contractors,
uninsured subcontractors or casual labor exposure.

I hereby certify that 100 percent of my workers are covered as worksite employees with
the employee leasing company. I certify that I do not hire any casual or uninsured labor
outside the employee leasing arrangement. I agree to notify the County in the event that
I have any workers not covered by the employee leasing workers' compensation policy.
In the event that I have any workers not subject to the employee leasing arrangement, I
agree to obtain a separate workers' compensation policy to cover these workers. I further
agree to provide the County with a certificate of insurance providing proof of workers'
compensation coverage prior to these workers entering any County jobsite.

I further agree to notify the County terminates with the employee leasing company and I
understand that I am required to furnish proof of replacement workers' compensation
coverage prior to the termination of the employee leasing arrangement.

I certify that I have workers' compensation coverage for through the employee leasing
arrangement specified below:

Name of Employee Leasing Company:_ __ _ _ _ _ _ _ _ __ __ __ __

Workers' Compensation Carrier: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

AM. Best Rating of Carrier: _ _ _ _ _ _ _ _ __ __ _ _ __ _ _ __ __

Inception Date of Leasing Arrang ement: _ __ _ _ _ _ _ _ _ _ _ _ _ _ __

I further agree to notify the County in the event that I switch employee-leasing companies.
I recognize that I have an obligation to supply an updated workers' compensation
certificate to the County that documents the change of carrier.

Name of Contractor:
- - - - -- - -- - - -- - -- - - - -- - - -
Signature of Owner/Officer _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _

Title:
- ----------------- - -- - -- - -- -- -
Date:
- -- - - - - - - -- -- - - - - - - - - - - - - - --
Revised 10/1 /08
- -

26
347 347
EXHIBIT C

BLANKET ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY


cc
20 26 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED


PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under The following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s)


The following are additional insureds under the Professional Liability section of this policy (already
Included under the GL by form #86571).
YOUR MEDICAL DIRECTORS AND ADMINISTRATORS, INCLUDING PROFESSIONAL PERSONS, BUT
ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE NAMED INSURED AS
MEDICAL DIRECTORS AND ADMINISTRATORS;
AN INDEPENDENT CONTRACTOR IS AN INSURED ONLY FOR THE CONDUCT OF YOUR BUSINESS
AND SOLELY WHILE PERFORMING SERVICES FOR A CLIENT OF THE NAMED INSURED, BUT
SOLELY WITHIN THE SCOPE OP SERVICES CONTEMPLATED BY THE NAMED INSURED;
STUDENTS IN TRAINING WHILE PREFORMING DUTIES AS INSTRUCTED BY THE NAMED
INSURED;
ANY ENTITY YOU ARE REQUIRED IN A WRITTEN CONTRACT (HEREINAFTER CALLED ADDITIONAL
INSURED) TO NAME AS AN INSURED IS AN INSURED BUT ONLY WITH RESPECT TO LIABILITY
ARISING OUT OF YOUR PREMISES OR OPERATIONS;

information required to complete this Schedule; if not shown above, will be shown in the Declarations

Section II - Who Is An insured is amended to include as an additional insured the person(s) or


organization(s) shown in the Schedule, but only with respect to liability for "bodily injury",
"property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those acting on your behalf:

A. In the performance of your ongoing operations; or

B. In connection with your premises owned by you or rented by you.

CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1

27
348 348
EXHIBIT D

SPECIFIC ADDITIONAL INSURED ENDORSEMENT

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED


PERSON OR ORGANIZATION

· This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s)


ORANGE COUNTY
201 S ROSALIND AVE
ORLANDO, FL 32801

Information required to complete this Schedule, if not shown above, will be shown in the
Declarations.

Section II - Who Is An Insured is amended to include as an additional insured the


person(s) or organization(s) shown in the Schedule, but only with respect to liability for
"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

A In the performance of your ongoing operations; or

B. In connection with your premises owned by or rented to you.

CG 20 26 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1

28
349 349
EXHIBIT E

WAIVER OF SUBROGATION

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313

2nd Reprint Effective April 1, 1984 Advisory

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our right against the person or organization named in the
Schedule. (This Agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this Agreement from us.)

This Agreement shall not operate directly or indirectly to benefit anyone not named in
the Schedule.

Schedule

© 1983 National Council on Compensation Insurance, Inc.

© NCCI Holdings. Inc.

29 350 350
EXHIBIT F

WAIVER OF RIGHTS OF RECOVERY

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY


CG 24 04 10 93

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY


AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following :


COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)

The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition


(Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the
addition of the following :

We waive any right of recovery we may have against the person or organization shown
in the Schedule above because of payments we make for injury or damage arising out of
your ongoing operations or "your work" done under a contract with that person or
organization and included in the "products-completed operations hazard". This waiver
applies only to the person or organization shown in the Schedule above.

30 351 351
EXHIBIT G

RENT LIMITS

The schedule below is to be used in establishing maximum unit rents. These figures
represent MAXIMUM gross rents, which must include an allowance for utilities. The
schedule also provides an example for calculating net rents at 60 percent AMI and the
set aside unit rents at 50 percent of 60 percent net rent.

Example: Orlando 2022 MSA


50 and 60 percent and AMI Rent Limit

Rent($)
# of Bedroom(s) 50%AMI 60% AMI
1 778 933
2 933 1,120
3 1,078 1,293
4 1,202 1,443

The rent limit is the maximum rent that can be charged for the rental unit. The Rent
Schedule is published annually by the U.S. Department of Housing and Urban
Development. The rent limits may change annually based on changes to the Area's
Median Income.

31 352 352
EXHIBIT H

GREEN BUILDING REQUIREMENTS

The following Green Building Features shall be included in the construction of the Project:

1. Landscaping
• Install tree protection and signage around all trees to remain during and
after construction.
• Install an approved Florida Friendly drought tolerant landscape design.
• Ensure that all plants and trees are planted at least 24 inches from the
structure.
• Limit turf grass to 50% of softscape area. Ensure the turf species is drought
tolerant and requires minimal watering.
• Plant a minimum of one canopy tree to the south of the structure.
2. Durability-Outdoor
• Install electrical entrance cables underground.
• Install gutters, deflectors, and splash blocks as needed to adequately move
water away from the structure.
• Soil shall be graded to slope away from the structure.
3. Durability - Indoor
• No carpet within bathrooms, kitchens, or within 4 ft. of entranceways.
• Windows shall be double glazed insulated, ENERGY STAR rated, or low-e.
4. Indoor Air Quality
• Use low VOC interior products such as paint and coating, adhesives and
sealants, finishing products, and fabrics. See SCAQMD for allowable VOC
Content.
• Contaminate controls: provide daily clean-up of all projects (broom clean);
protect all absorptive materials stored on-site; seal all duct work and
ventilation during the entire project; provide walk off mats at entryways during
the entire construction process; provide contaminate walk off design into
concrete entrances.
5. HVAC
• Air-Source Heat Pumps - Energy Star certified:
o 2: 8.5 HSPF/ 2:15 SEER/ 2:12.5 EER for split systems
o 2: 8.2 HSPF 2:15 SEER/ 2:12 EER for single package equipment
including gas/electric package units
• Central Air Conditioners - Energy Star certified:
o 2: 8.5 HSPF/ 2:15 SEER/ 2:12.5 EER for split systems.
o 2: 8.2 HSPF 2:15 SEER/ 2:12 EER for single package equipment
including gas/electric package units.
NOTE: Window air conditioners and portable air conditioners are not
allowed. Package Terminal Air Conditioners (PTACs) / Package Terminal
Heat Pumps (PTHPs) are allowed in studio and 1 bedroom units.
6. Water
o Use EPAWaterSense® labeled fixtures, faucets, and showerheads with the
following specifications:

32 353 353
o Toilets: 1.28 gallons/flush or less.
o Urinals: 0.5 gallons/flush.
o Lavatory Faucets: 1.5 gallons/minute or less at 60 psi flow rate.
o Showerheads: 2.0 gallons/minute or less at 80 psi flow rate.
7. Lighting
• All interior/exterior light fixtures shall have industry standard LED lighting.
8. Energy Efficiency
• ENERGY STAR rated refrigerator, dishwasher, ventilation fans in all
bathrooms and kitchens.
• Water heater minimum efficiency spec.ifications: Up to 55 gallons = 0.95
EF or 0.92 UEF.

33 354 354
EXHIBIT I

Tenant Selection Criteria Requirements for Lower Barrier Units

The following criteria will provide standards and procedures for the property manager, of
Emerald Villas Phase Three, in evaluating all prospective residents for the Project's
Very Low Income Units (VU), which will be up to 50 percent of Median income set-aside
units.

The Project's VU set-aside is 25 percent of the 90 total units, or 23 units set aside at 50
percent of Median Income at or below 50 percent of AMI (VLI).

Included in each evaluation will be a review of the income, credit, criminal and rental
histories of the prospective resident to determine their ability to lease rental housing,
while at the same time taking into consideration the viability of the property and the
safety of the entire resident community.

VU Units - 50% Income Set-Aside Resident Approval Criteria and Move-In


Accommodations:

1) All Applications for VU Units will be reviewed on a case-by-case basis in addition


to any third-party information checks;
2) The Application Fee will be $85 no holding fee will be required to reserve an
apartment
3) Security or other deposit required can be paid monthly in installments over 120
days with at least 25% paid at move in; Payment plan will be offered to those that
need accommodation
4) One eviction in the past 24 months will be reviewed and will not be a reason for a
decline if the eviction was based solely on financial obligations and did not
include other lease violations or behavior that could be considered a threat to the
health, safety and welfare of the community; Applicant must meet the required ·
income minimums;
5) Income qualification will be based on the VLI unit rent;
6) Negative credit and payment history will be not be a reason for a decline.
However, all previous rental and/or housing history will be reviewed and may be
a reason for a decline; and,
7) Criminal history and background decline will exclude two minor and non-violent
criminal convictions in the last 24 months, provided criminal convictions are not
drug related or Felonies

All applicants 18 or older will be processed in the standard resident selection approval
criteria, including credit, criminal, civil, income and rental housing history, with the above
exceptions provided.

355
34 355
EXHIBIT J

LOWER BARRIER MONITORING REPORT

In compliance with the annual monitoring as required in Article X, the Owner shall
furnish to the County's Housing and Community Development Division the records and
reports as required in Article IX and a copy of the Project's Recap of Tenant Income
Certification Form AR-1 with VLI and Low Barrier Units clearly identified.

Additionally, as part of the monitoring of the Project's Lower Barrier Units, the Owner
shall retain all rejected tenant applications and provide the county access to review
them on an annual basis. The County may request a random sample of such records to
determine that the Owner is complying with the Tenant Selection Criteria Requirements
for Lower Barrier Units provided in Exhibit I. In order to protect the applicant's privacy,
the Owner may redact personal information such as social security numbers or
financially sensitive information from the applicant files prior to the County's monitoring.

35
356
356
I. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT
3
Interoffice Memorandu

GOVERN~ffiNT
•· t, 1 . l R J n ;\

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Tim Boldig, Interim Direc~


Planning, Environmental t~?o:velopment
Services Department

CONTACT PERSON: Franklin Santos, Assistant Manager


Neighborhood Services Division
(407) 836-4258
SUBJECT: January 24, 2023 - Consent Item
Resolutions for Special Assessment Lien(s) Lot Cleaning (20)

Pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, the
County is authorized to have property cleaned through an independent contractor when
not done voluntarily by the property owner, after sufficient notice. Further, the regulation
allows the Board by Resolution to place Special Assessment Liens on such properties
to recoup the cost of cleaning. The following properties have been cleaned at the
expense of the County with associated costs as indicated.

Case No. Dist.# Property Owner Amount*


LC 22-0186 1 ANDERSON ALLIE M TR $ 373.65
LC 23-0069 1 SINGH SARA $ 282.61
LC 22-0483 2 ANDREWS STUART MARTIN $ 206.60
LC 23-0006 2 SMART FLOOR REPAIRS LLC $ 172.03
LC 23-0007 2 SPIROPOULOS PATRICIA; $ 352.17
MCFADDEN CLIFTON J JR
LC 23-0016 2 LAPLANT LARRY; LAPLANT PAULA $ 155.77
LC 23-0051 2 CLARCONA GROVES OWNER LLC $ 284.00
LC 23-0071 2 MADISON ALAMOSA HECM LLC $ 353.60
LC 23-0043 3 PEREZ JESUS; PEREZ YAZMIN Y $ 251.83
LC 23-0078 3 BMC K INC $ 174.50
LC 23-0031 4 TOOMBS COREY T; TOOMBS SARAH A $ 160.72

357 357
Page Two
January 24, 2023 - Consent Item
Resolutions for Special Assessment Lien(s) Lot Cleaning (20)

Case No. Dist.# Property Owner Amount*

LC 22-0377 5 CAYCHO ISABEL $ 274.67


LC 23-0039 5 KLEIN MICHAEL $ 312.29
LC 22-0165 6 MANGOLD FRANKE J $ 923.19
LC 22-0274 6 TD HOLDINGS LLC $ 802.52
LC 22-0374 6 COLLINS CINDY FIELD $ 371.37
LC 22-0455 6 NEWGUYTRIN INC $ 862.05
LC 23-0004 6 BUCKLAND CLINTON $ 433.64
LC 23-0050 6 SULLIVAN DAVID A $ 189.21
LC 23-0062 6 MOODY BARBARA A $ 387.95

* Administrative costs to process and collect on these cases have been added.

ACTION REQUESTED: Approval and execution of Orange County, Florida,


Resolutions Establishing Special Assessment Liens for
Lot Cleaning Services and approval to record Special
Assessment Liens on property cleaned by Orange
County, pursuant to Orange County Code, Chapter 28,
Nuisances, Article 11, Lot Cleaning. All Districts
TB/FS:mc

358
358
RESOLUTION NO. LC 22-0186
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b}, provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property"} to which Orange County


provided a lot cleaning service for case number LC 22-0186 located at:
ADDRESS: 1403 AVALON ROAD
LEGAL: S 190.80 FT OF N 333.90 FT OF W 170 FT OF SWl/4 OF NWl/4 (LESS W 30 FT
FOR ROAD) OF SEC 27-22-27

PARCEL ID#: 27-22-27-0000-00-009


DISTRICT: 1

3. The name and address of th e last known owner of the property according to the Orange
County Tax Reco rds is:
NAME: ANDERSON ALLIE MTR
ADDRESS: 273 AVALON RD
WINTER GARDEN, FL 34787

359
359
4. The amount of th e assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows :
AMOUNT: $373.65
SERVICE DATE: 03/17/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of tires; Removal of trash, rubble,
junk and debris or dilapidated sheds, dilapidated trailers and
junk boats; Tipping - Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN .

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ __ _ __ _ _ _~ 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ __ _ _ _ __
Orange County Mayor
DATE: _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ _ _ __ _ _ _ __
Deputy Clerk

360
360
RESOLUTION NO. LC 23-0069
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article 11, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0069 located at:
ADDRESS: 750 MAGNOLIA STREET
LEGAL: WINTER GARDEN MANOR L/ 117 LOT 13 BLK B

PARCEL ID#: 25-22-27-9384-02- 130


DISTRICT: 1

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: SINGH SARA
ADDRESS: 6508 ABERCROMBIE CT
ORLANDO, FL 328 35

361
361
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $282.61
SERVICE DATE: 11/15/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ __ _ _ _ _ -.J 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ _ _ _ __ __
Orange County Mayor
DATE: _ __ __ _ __ _ __ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ __ _ _ _ _ _ _ __
Deputy Clerk

362
362
RESOLUTION NO. LC 22-0483
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services sha ll be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessa ry to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a r esolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of Co unty Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (h ereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 22-0483 located at:
ADDRESS: 6514 SHARON DRIVE
LEGAL: LONG SHORES S/134 LOT 2

PARCEL ID#: 36-21-28-5212-00-020


DISTRICT: 2

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: ANDREWS STUART MARTIN
ADDRESS: 6514 SHARON DR
ORLANDO, FL 32810

363
363
4. The amount of the assessment (to which have been added administrativ.e costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $206.60
SERVICE DATE: 09/25/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSM ENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHA LL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.

ADOPTED THIS_ _ day of _ _ _ _ __ __ __, 2023.


ORANGE COUNTY, FLORIDA

BY:
- - -- - Orange
- - -Cou
--nty- -
Mayor
DATE : _ __ _ __ _ _ _ _ __

ATTEST: Phil Diamond, CPA, Co unty Comptroller


As Clerk of the Board of County Commissio ne rs

BY: _ __ __ _ _ __ __ _ _
Deputy Clerk

364 364
RESOLUTION NO. LC 23-0006
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein .

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0006 located at:
ADDRESS: 1415 MINK DRIVE
LEGAL: LIBERTY HEIGHTS U/84 LOT 21

PARCEL ID#: 13-21-28-5070-00-210


DISTRICT: 2

3 . The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: SMART FLOOR REPAIRS LLC
ADDRESS: 3620 OAK VISTA LN
WINTER PARK, FL 32792

365
365
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $172.03
SERVICE DATE: 10/10/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of tires; Removal of trash, rubble,
junk and debris or dilapidated sheds, dilapidated trailers and
junk boats; Tipping - Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS _ _ day of _ _ __ _ _ _ _ ___, 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ _ __ _ _ _ __ _ _
Orange County Mayor
DATE: _ _ _ __ _ _ _ __ _ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of th e Board of County Commissioners

BY:
-Deputy
- -------
Clerk
- ---

366
366
RESOLUTION NO. LC 23-0007
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning service s shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0007 located at:
ADDRESS: 6201 CLEVELAND STREET
LEGAL: ROYAL VILLA N/71 LOTS 16 17 & 18 BLK 4

PARCEL ID#: 33-21-29-7776-04-160


DISTRICT: 2

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: SPIROPOULOS PATRICIA; MCFADDEN CLIFTON J JR
ADDRESS: 4888 W COLONIAL DR
ORLANDO, FL 32808

367
367
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $352.17
SERVICE DATE: 11/21/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sheds, dilapidated trailers and junk boats; Tipping -
Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ __, 2023.

ORANGE COUNTY, FLORIDA

BY:
- - -- - 0- range
- -- ---
County Mayor
DATE: _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Comm issioners

BY: _ _ _ _ _ _ _ _ _ _ __
Deputy Clerk

368
368
RESOLUTION NO. LC 23-0016
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article 11, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property"} to which Orange Count y


provided a lot cleaning service for case number LC 23-0016 located at:
ADDRESS: 1116 WEBSTER AVENUE
LEGAL: UNIVERSITY HEIGHTS N/59 LOT 17 BLK M

PARCEL ID#: 10-22-29-8828-13-170


DISTRICT: 2

3. Th e name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: LAPLANT LARRY; LAPLANT PAULA
ADDRESS: 2775 NORWAY MAPLE CT
OCOE E, FL 34761

369 369
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $155.77
SERVICE DATE: 10/19/2022
SERVICES: Removal of trash, rubble, junk and debris or dilapidated sheds,
dilapidated trailers and junk boats; Tipping - Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ __ _ _ _ _ __ _, 2023.

ORANGE COUNTY, FLORIDA

BY:
- - - - - - - -- - - -
0 range County Mayor
DATE: _ _ _ __ _ _ __ __ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ _ __ _ _ __ _ _
Deputy Clerk

370
370
RESOLUTION NO. LC 23-0051
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recital s are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0051 located at:
ADDRESS: 5462 CLARCONA KEV BOULEVARD
LEGAL: CLARCONA GROVES 43/30 LOT 1

PARCEL ID#: 31-21-29-1365-00-010


DISTRICT: 2

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: CLARCONA GROVES OWNER LLC
ADDRESS: 401 WILSHIRE BLVD STE 1070
SANTA MONICA, CA 90401

371
371
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $284.00
SERVICE DATE: 11/15/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION.4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ _~ 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ _ _ __ _ __
Orange County Mayor
DATE: _ _ __ _ _ _ _ __ _ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ _ __ _ __ _ __
Deputy Clerk

372
372
RESOLUTION NO. LC 23-0071
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Sect ion 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and

WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
n ecessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of Cou nty Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

l. The foregoing r ecitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0071 located at:
ADDRESS: 5200 DOOLAN COURT
LEGAL: PINE RIDGE ESTATES W/81 LOT 21 BLK D

PARCEL ID#: 07-22-29-7050-04-2 10


DISTRICT: 2

3. The name and address of the fast known owner of the property according to th e Orange
County Tax Records is:
NAME: MADISON ALAMOSA HECM LLC
ADDRESS: 900 HIGHLAND DR STE 301
SOLANA BEACH, CA 92075

373
373
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $353.60
SERVICE DATE: 11/07/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN .

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Record s of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ __ ____, 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ _ _ _ _ _ __
Orange County Mayor
DATE: _ _ _ _ __ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY:
- - -- - - - - - -- --
Deputy Clerk

374
374
RESOLUTION NO. LC 23-0043
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

l. The foregoin g recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0043 located at:
ADDRESS: 4529 CROSSEN DRIVE
LEGAL: CHARLIN PARK Z/130 LOT 18 SEE 2140/0158

PARCEL ID#: 14-23-30-9560-00-180


DISTRICT: 3

3. The name and address of the last known owner of the property according to th e Orange
County Tax Records is:
NAME: PEREZ JESUS; PEREZ YAZMIN Y
ADDRESS: 2125 LAKE CHRISTIE DR
ORLANDO, FL 32809

375
375
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description ofthose services are as
follows:
AMOUNT: $251.83
SERVICE DATE: 11/14/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sheds, dilapidated trailers and junk boats; Tipping -
Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ __ _ _~ 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ __ _ _ __ _ __
Orange County Mayor
DATE: _ _ _ _ _ _ _ __ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY:
- - -----------
Deputy Clerk

376
376
RESOLUTION NO. LC 23-0078
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be est ablished for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of t ermination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accord ance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as " Property") to which Orange County
provided a lot cleaning service for case number LC 23-0078 located at:
ADDRESS: 537 N SEMORAN BOULEVARD
LEGAL: HEWETT HEIGHTS S/60 LOT 1 BLK E

PARCEL ID#: 27-22-30-3504-05-010


DISTRICT: 3

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: BMC K INC
ADDRESS: PO BOX 1110
BRANDON, FL 33509

377
377
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $174.50
SERVICE DATE: 11/22/2022
SERVICES: Removal of trash, rubble, junk and debris or dilapidated sheds,
dilapidated trailers and junk boats; Tipping - Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL {RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ __ _ _ _ ___, 2023.

ORANGE COUNTY, FLORIDA

BY: _ __ _ _ _ _ __ _ __
Orange County Mayor
DATE: _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of t he Board of County Commissioners

BY: _ _ __ __ __ _ _ _ __
Deputy Clerk

378
378
RESOLUTION NO. LC 23-0031
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and

WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and

WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE


COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0031 located at:
ADDRESS: 15689 GALBI DRIVE
LEGAL: WATERFORD TRAILS PHASE 2 EAST VILLAGE 62/112 LOT 601

PARCEL ID#: 19- 22-32-9085-06-010


DISTRICT: 4

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: TOOMBS COREY T; TOOMBS SARAH A
ADDRESS: 15689 GALBI DR
ORLANDO, FL 32828

379
379
4. The amount of the assessment (to which have been added administrative costs of
coflection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $160.72
SERVICE DATE: 10/27/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN .

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS _ _ day of _ _ _ _ __ __ _~ 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ _ _ __ _ _ _ __ _
Orange County Mayor
DATE: _ _ __ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Comm issioners

BY: _ _ _ _ __ _ __ _ _ _
Deputy Clerk

380
380
RESOLUTION NO. LC 22-0377
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and

WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and

WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE


COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property {hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 22-0377 located at:
ADDRESS : 1808 BONNEVILLE DRIVE
LEGAL: PALM LAKES ESTATES STH ADDITION U/85 LOT 13 (LESS W 50 FT) BLK 105

PARCEL ID#: 14-22-31-6539-15-130


DISTRICT: 5

3. The name and address of the last known owner of the property according to the Orange
County Ta x Records is:
NAME: CAYCHO !SABEL
C/O RTR TITLE
ADDRESS : 189 S ORANGE AVE STE 840S
ORLANDO, FL 32801

381
381
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $274.67
SERVICE DATE: 07/14/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN .

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ ___, 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ __ _ __ _ _ _ __
Orange County Mayor
DATE: _ _ _ _ _ __ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ _ __ __ _ __ _
Deputy Clerk

382
382
RESOLUTION NO. LC 23-0039
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0039 located at:
ADDRESS: 4427 GLENVIEW LANE
LEGAL: GLEN MOOR 12/27 LOT 34

PARCEL ID#: 02-22-30-3000-00-340


DISTRICT: 5

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: KLEIN MICHAEL
ADDRESS: 4427 GLENVIEW LN
WINTER PARK, FL 32792

383 383
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $312.29
SERVICE DATE: 11/01/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30} DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7 . Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED TH IS_ _ day of _ _ _ _ _ __ _ _ _, 2023.

ORANGE COUNTY, FLORIDA

BY:
------------
0 ran ge County Mayor
DATE: _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY:
- -- -- -- - -- - - -
Deputy Clerk

384
384
RESOLUTION NO. LC 22-0165
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 22-0165 located at:
ADDRESS: 6924 W LIVINGSTON STREET
LEGAL: Wl/2 OF Nl/4 OF SWl/4 OF SWl/4 OF NWl/4 (LESS N 30 FT FOR RD & LESS
E 64 FT OF W 94 FT THEREOF FOR RD R/W PER OR 4070/2265) OF SEC 2 5-22-
28

PARCEL ID#: 25-22-28-0000-00-022


DISTRICT: 6

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: MANGOLD FRANKE J
ADDRESS: 283 MORN ING GLORY DR
LAKE MARY, FL 32746

385 385
4. The amount ofthe assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $923.19
SERVICE DATE: 01/29/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sheds, dilapidated trailers and junk boats; Tipping -
Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY {30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7 . Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ ___, 2023.

ORANGE COUNTY, FLORIDA

BY: _ __ _ _ _ __ __ _ _
Orange County Mayor
DATE: _ __ _ _ _ __ _ __ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ __ _ __ _ __ __
Dep uty Clerk

386
386
RESOLUTION NO. LC 22-0274
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and

WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and

WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE


COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property" ) to which Orange County


provided a lot cleaning service for case number LC 22-0274 located at :
ADDRESS: 8505 HONOLULU DRIVE
LEGAL: ROSE HILL GROVES H/146 THE S 150 FT OF E 75 FT LOT 40 & A 23 FT W IDE
VAC R/W ON E SEC 22-22-28 SWl / 4

PARCEL ID#: 21-22-28-7668-00-401


DISTRICT: 6

3. The nam e and address of the last known owner of t he property according to the Orange
County Tax Records is:
NAME: TD HOLDINGS LLC
ADDRESS: 248 E NEWELL ST
WINTER GARDEN, FL 3478 7

387
387
4. The amount of the assessment (to which have been added adm inistrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $802.52
SERVICE DATE: 06/14/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sheds, dilapidated trailers and junk boats; Tipping -
Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN .

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS _ _ day of _ _ _ _ _ _ __ ___, 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ __ _ _ _ _ __ _ _
Orange County Mayor
DATE: _ _ _ _ _ _ __ _ _ _ _

ATTEST: Ph il Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ __ _ _ _ _ _ _ __
Deputy Clerk

388
388
RESOLUTION NO. LC 22-0374
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article 11, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 22-0374 located at:
ADDRESS: 5804 WOLF ROAD
LEGAL: ROBINSWOOD SECTION FIVE W/ 62 LOT 10 BLK P

PARCEL ID#: 13-22-28-7568- 16-100


DISTRICT: 6

3. The name and address of the last known owner of the.property according to the Orange
County Tax Records is:
NAME: COLLINS CINDY FIELD
ADDRESS: 1900 EMERALD ST
CONCORD, CA 94518

389 389
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $371.37
SERVICE DATE: 07/22/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sheds, dilapidated trailers and junk boats; Tipping -
Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.

ADOPTED THIS_ _ day of _ _ __ __ _ __ __, 2023.


ORANGE COUNTY, FLORIDA

BY: _ _ _ __ _ _ __ _ _ _
Orange County Mayor
DATE: _ _ __ __ _ _ __ _ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Boa rd of County Commission ers

BY: _ __ _ _ _ _ _ _ _ __ _
Deputy Clerk

390 390
RESOLUTION NO. LC 22-0455
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and

WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
n ecessary to terminate and abate the violation on the property described below; and

WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual co st of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and

WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE


COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein .

2. The benefited property (hereinafter r eferred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 22-0455 located at:
ADDRESS: 5808 OLD WINTER GARDEN ROAD
LEGAL: LAKE Hil l GROVES REPLAT J/ 103 LOTS 11 (LESS N 38.19 FT FOR RD R/ W) &
12 (LESS N 18.19 FT FOR RD R/ W PER OR 4103/1826)

PARCEL ID#: 36-22-28-4492-00- 110


DISTRICT: 6

3 . The name and address of the last known owner of the property according to th e Orange
County Tax Records is:
NAME: N EWG UYTRIN INC
ADDRESS: 7603 SAINT STEPHENS CT
ORLANDO, Fl 32835

391
391
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $862.05
SERVICE DATE: 09/12/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of tires; Removal of trash, rubble,
junk and debris or dilapidated sheds, dilapidated trailers and
junk boats; Tipping - Land fill weight

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE TH IS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceed ings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ _ _, 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ _ _ _ _ _ __
Orange County Mayor
DATE: _ _ __ _ __ __ _ _ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ __ __ _ _ _ __
Deput y Clerk

392
392
RESOLUTION NO. LC 23-0004
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accord ance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein .

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0004 located at:
ADDRESS: 812 FERNDELL ROAD
LEGAL: PINE HILLS SUB NO 9 T/73 LOT 7 BLK D

PARCEL ID#: 19-22-29-6956-04-070


DISTRICT: 6

3 . The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: BUCKLAND CLINTON
ADDRESS: PO BOX 581 105
ORLAN DO, FL 32858

393
393
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $433.64
SERVICE DATE: 10/24/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services; Removal of trash, rubble, junk and debris or
dilapidated sh eds, dilapidated trailers and junk boats; Tipping -
Land fill weight

S. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE TH IS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Officia I Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS _ _ day of _ _ _ _ _ __ _ ___, 2023.

ORANGE COUNTY, FLORIDA

BY: _ _ _ _ __ _ __ _ __
Orange County Mayor
DATE: _ __ _ __ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ __ _ _ __ _ _ _
Deputy Clerk

394
394
RESOLUTION NO. LC 23-0050
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIAL ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Sectlon 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein .

. 2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0050 located at:
ADDRESS: 1417 19TH STREET
LEGAL: CLEAR LAKE VIEWS J/145 LOTS 36 & 37 BLK 3

PARCEL ID#: 03-23-29-1402-03-360


DISTRICT: 6

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: SULLIVAN DAVID A
ADDRESS: 141719TH ST
ORLANDO, FL 32805

395
395
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $189.21
SERVICE DATE: 10/21/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ ___, 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ _ _ _ _ _ __ __
Orange County Mayor
DATE: _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ _ _ _ _ _ _ _ __ _ _
Deputy Clerk

396
396
RESOLUTION NO. LC 23-0062
ORANGE COUNTY, FLORIDA, RESOLUTION
ESTABLISHING A SPECIA.L ASSESSMENT LIEN FOR LOT CLEANING SERVICES

WHEREAS, Orange County Code Section 28-40(b), provides that the lien to be established for lot
cleaning services shall be a Special Assessment Lien; and
WHEREAS, pursuant to Orange County Code, Chapter 28, Nuisances, Article II, Lot Cleaning, and
after due notice as required by that Article, Orange County has performed those services
necessary to terminate and abate the violation on the property described below; and
WHEREAS, Orange County Code, Section 28-40, Liens, provides that the Board of County
Commissioners shall adopt a resolution for the actual cost of termination and abatement of the
violation on the property performed on the benefited property as more particularly described
below; and
WHEREAS, The Board of County Commissioners hereby adopts this Resolution in accordance
with Orange County Code Section 28-40, Florida Statute Section 197.3632;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The benefited property (hereinafter referred to as "Property") to which Orange County


provided a lot cleaning service for case number LC 23-0062 located at:
ADDRESS: 322 N BUENA VISTA AVENUE
LEGAL: CRESCENT HILL M/42 THE S 22 FT LOT 36 ALL LOT 37 & N 21 FT LOT 38 BLK F

PARCEL ID#: 25-22-28-1812-06-361


DISTRICT: 6

3. The name and address of the last known owner of the property according to the Orange
County Tax Records is:
NAME: MOODY BARBARA A
ADDRESS: 1533 MAPLE LEAF LN
ORANGE PARK, FL 32003

397 397
4. The amount of the assessment (to which have been added administrative costs of
collection), date of service to the property, and brief description of those services are as
follows:
AMOUNT: $387.95
SERVICE DATE: 10/31/2022
SERVICES: Mowing, edging, trimming, clearing of open areas & other
related services

5. WHEREAS A NOTICE OF THE ASSESSMENT SET FORTH IN SECTION 4 ABOVE WAS SENT BY
CERTIFIED MAIL (RETURN RECEIPT REQUESTED) TO THE LAST KNOWN OWNER OF RECORD
OF THE SUBJECT BENEFITED REAL PROPERTY, AND WHEREAS SAID ASSESSMENT WAS NOT
PAID WITHIN THIRTY (30) DAYS AFTER THE RETURN OF THE RECEIPT, THEREFORE THIS
RESOLUTION TOGETHER WITH A CLAIM OF SPECIAL ASSESSMENT SHALL BE RECORDED IN
THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, AND SHALL CONSTITUTE A LIEN
AGAINST THE PROPERTY. THE AMOUNT DUE TO SATISFY THE RECORDED LIEN SHALL BE THE
ACTUAL COST OF ABATEMENT WHICH INCLUDES, BUT IS NOT LIMITED TO, THE CONTRACT
AMOUNT OF TERMINATING AND ABATING THE VIOLATION, THE COST OF SERVING NOTICE,
AND THE COST OF RECORDING THE LIEN.

6. Authorization is hereby given by the Board of County Commissioners to Orange County


Staff to initiate legal proceedings to collect on this lien after the lien is recorded in the
Official Records of Orange County, Florida.

7. Effective Date. This Resolution shall become effective on the date of its adoption.
ADOPTED THIS_ _ day of _ _ _ _ _ _ _ _ __, 2023.
ORANGE COUNTY, FLORIDA

BY: _ _ _ __ __ _ _ __ _
Orange County Mayor
DATE: _ _ __ __ _ __ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ __ _ __ _ _ _ _ _ __
Deputy Clerk

398 398
1. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT
4
Interoffice Memorandt

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Jon V. Weiss, P.E., Chairma


Roadway Agreement Committe

SUBJECT: January 24, 2023 - Consent It m


Proportionate Share Agreemen ~ or "Midnight PMF Apartments"
Semoran Boulevard

The Roadway Agreement Committee has reviewed a Proportionate Share Agreement


for "Midnight PMF Apartments" Semoran Boulevard ("Agreement") by and between
PMF Midnight I LLC and Orange County for a proportionate share payment in the
amount of $546,668. Pursuant to Section 163.3180(5)(h), Florida Statutes, an applicant
may mitigate capacity deficiencies by entering into a proportionate share agreement
and contributing a proportionate share payment. The proportionate share payment is
due within 90 days of the effective date of this Agreement.

The Agreement follows the recommendation of the Roadway Agreement Committee


providing for the mitigation of road impacts for 21 deficient trips on the road segments of
Semoran Boulevard from Pershing Avenue to Curry Ford Road in the amount of
$20,300 per trip and eight deficient trips on the road segments of Semoran Boulevard
from Hoffner Avenue to Pershing Avenue in the amount of $15,046 per trip.

The Roadway Agreement Committee recommended approval on December 14, 2022.


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.

ACTION REQUESTED: Approval and execution of Proportionate Share


Agreement for "Midnight PMF Apartments" Semoran
Boulevard by and between PMF Midnight I LLC and
Orange County for a proportionate share payment in the
amount of $546,668. District 3

JVW/NC/js
Attachment

399 399
This instrument prepared by:

TRAFFIC & MOBILITY CONSULTANTS LLC


3101 Maguire Boulevard, Suite 265
Orlando, Florida 32803

After recording return to:

Pl\.1F MIDNIGHT I LLC


2693 W Fairbanks Avenue, Suite 200
Winter Park, Florida 32789

Parcel ID Numbers:
l 0-23-30-0000-00-021;
10-23-30-0000-00-029

· ···········-··························· ·· [SPACE ABOVE THIS LINE FOR RECORDING DATA)-----------------················· ······

PROPORTIONATE SHARE AGREEMENT FOR


"MIDNIGHT PMF APARTMENTS"

SEMORAN BOULEVARD

This Proportionate Share Agreement (the "Agreement"), effective as of the latest date of
execution (the "Effective Date"), is made and entered into by and between PMF MIDNIGHT I
LLC, a Florida limited liability company ("Owner"), whose principal place of business is 2693 W
Fairbanks Avenue, Suite 200, Orlando, Florida 32789, and ORANGE COUNTY, a charter county
and political subdivision of the State of Florida ("County"), whose address is P.O. Box 1393 ,
Orlando, Florida 32802-1393.

WHEREAS, Owner holds fee simple title to certain real property, as generally depicted on
Exhibit "A" and more particularly described on Exhibit "B", both of which exhibits are attached
hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Property is located in County Commission District #3 and the proceeds
of the PS Payment, as defined herein, will be allocated to Semoran Boulevard; and

WHEREAS, Owner intends to develop the Property as one hundred forty-four (144)
multifamily units (apartments), referred to and known as Midnight PMF Apartments (the
"Project"); and

WHEREAS, Owner received a letter from County dated November 2, 2022, stating that
Owner's Capacity Encumbrance Letter ("CEL") application #CEL-22-08-078 for the Project was
denied; and

400 400
Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

WHEREAS, the Project will generate eight (8) deficient PM Peak Hour trips (the "Excess
Trips l ") for the deficient roadway segment on Semoran Boulevard from Hoffner Avenue to
Pershing Avenue (the "Deficient Segment 1"), and zero (0) PM Peak Hour trips were available
on Deficient Segment I on the date the CEL was denied, as further described in Exhibit "C"; and

WHEREAS, the Project will generate twenty-one (21) deficient PM Peak Hour trips (the
"Excess Trips 2") for the deficient roadway segment on Semoran Boulevard from Pershing
Avenue to Curry Ford Road (the "Deficient Segment 2"), and zero (0) PM Peak Hour trips were
available on Deficient Segment 2 on the date the CEL was denied, as further described in Exhibit
"C"; and

WHEREAS the Excess Trips I and Excess Trips 2 shall be referred to herein collectively
as the "Excess Trips"; and

WHEREAS, the Deficient Segment 1 and Deficient Segment 2 shall be referred to herein
collectively as the "Deficient Segments"; and

WHEREAS, the Excess Trips will cause the Deficient Segments to operate below adopted
Level of Service standards; therefore, pursuant to Section 163.3180(5)(h), Florida Statutes, as
amended, Owner has offered to provide County with proportionate share mitigation for the Excess
Trips; and

WHEREAS, Owner and County have agreed that the proportionate share payment
necessary to mitigate the impact of the Excess Trips on the Deficient Segments through the current
anticipated Project buildout is five hundred forty-six thousand six hundred sixty-eight and 00/ 100
Dollars ($546,668.00) (the "PS Payment"); and

WHEREAS, County and Owner desire to set forth certain terms, conditions, and
agreements between them as to the development of the Property into the Project.

NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between Owner and County, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein
by this reference.

Section 2. PS Payment; Ch,"I.

(a) Calculation of PS Payment: The amount of the PS Payment for the Deficient
Segments, as described in Exhibit "C", totals five hundred forty-six thousand six hundred sixty-
eight and 00/100 Dollars ($546,668.00). This PS Payment was calculated in accordance with the
methodology outlined in Section 163.3180, Florida Statutes. Owner and County agree that the
Excess Trips will constitute the Project's impact on the aforementioned Deficient Segments based
upon (i) Owner's Traffic Study titled "Midnight PMF Apartments" prepared by Traffic & Mobility
Consultants LLC , dated August, 2022 for PMF Midnight I LLC (the "Traffic Study"), which is
incorporated herein by this reference, and (ii) upon the calculations described in Exhibit "C" . The

Page 2 of 12
401 401
Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

Traffic Study was accepted by the Orange County Transportation Planning Division on September
22, 2022, and is on file and available for inspection with that division (CMS #2022078). Owner
and County further acknowledge and agree that the PS Payment as set forth above shall be the
final and binding calculation of the amount the Owner is required to pay through the buildout of
the currently approved Project as proportionate share mitigation for impacts of the Project upon
roadways within Orange County's jurisdiction, notwithstanding any subsequent variance in the
actual cost of improvement to the Deficient Segments or actual traffic impacts created by the
Project; provided, however, that if Owner subsequently increases the number ofunits and/or square
footage, as applicable, of the Project, the Project may then be subject to an additional concurrency
evaluation and proportionate share agreement as set forth in Section 2(d) below. Owner and
County further acknowledge and agree that the calculation of, and agreement regarding, the
amount of the PS Payment constitute material inducements for the parties to enter into this
Agreement.

(b) Timing of PS Payment, Issuance of CEL. Within ninety (90) days following the
Effective Date, Owner shall deliver a check to County in the amount of five hundred forty-six
thousand six hundred sixty-eight and 00/100 Dollars ($546,668.00) as the PS Payment. The check
shall be made payable to "Orange County Board of County Commissioners" and shall be delivered
to the Fiscal and Operational Support Division of the Planning, Environmental, and Development
Services Department. Within twenty-one (21) days following its receipt of the PS Payment, if the
Property's future land use designation and zoning are consistent with the Project's proposed
development, County shall issue a CEL sufficient to encumber traffic capacity for the Project,
irrespective of any actual traffic deficiency on the Deficient Segments. Within the time frame
provided in the CEL, the Owner must reserve the encumbered trips by obtaining a Capacity
Reservation Certificate as provided in Section 30-591 of the Orange County Code, as may be
amended. An amount equal to the PS Payment shall be applied toward the amount of the initial
capacity reservation payment (and any subsequent reservation payment(s), if the initial reservation
payment does not exceed the amount of the PS Payment) as further set forth in Section 3 below.
In the event Owner has not paid the PS Payment within ninety (90) days of the Effective Date, one
extension of ninety (90) days may be granted by the manager of County's Transportation Planning
Division. In the event Owner has not paid the PS Payment to County within one hundred eighty
(180) days after the Effective Date, this Agreement shall become null and void.

(c) Project Development. Recordation of a subdivision plat or approval of a


commercial site plan for the Project shall not be permitted prior to the issuance of a Capacity
Reservation Certificate as contemplated in subparagraph 2(6) above.

(d) Increase in Project Trips. Any change to the Project which increases the unit count
and/or square footage, as applicable, may result in an increase in trips on the Deficient Segments
or other segments within the transportation impact area, as defined by County. Owner understands
and agrees that any such additional trips are neither vested nor otherwise permitted under thi s
Agreement, and that Owner is precluded from asserting any such vesting. In addition, Owner
understands and agrees that any such changes resulting in an increase in trips may cause this
Agreement to become null and void, and/or may require application for and execution of an
additional Proportionate Share Agreement, along with any other required documentation, for the
number of increased trips.

Page 3 of 12
402 402
Proportionate Share Agreement, Midnight PMF Apai1ments
PMF Midnight I LLC for Semoran Boulevard, 2022

(e) Satisfaction of Transportation Improvement Requirements. County hereby


acknowledges and agrees that upon Owner's payment of the PS Payment as required herein, and
absent any change in the Project increasing the number of trips as set forth in subparagraph 2(d)
above, Owner shall be deemed to have satisfied all requirements for the mitigation of the traffic
impacts of the Project on all roads affected by the Project within County's jurisdiction through
build out of the Project. Owner shall be entitled to fully and completely develop the Project, without
regard to whether the improvements to the Deficient Segments are actually constructed; provided,
however, Owner shall be required to obtain a Capacity Reservation Certificate prior to the
expiration of Owner's Capacity Encumbrance Letter and shall be required to maintain the validity
of the Capacity Reservation Certificate in accordance with its terms. Additionally, nothing herein
shall be construed to exempt Owner from meeting the requirements of all other applicable laws,
regulations, and/or Orange County Code provisions or from making the required payment of
transportation impact fees applicable to the Project, subject to credits as set forth in Section 3
below.

Section 3. Transportation Impact Fee Credits. County and Owner agree that Owner
shall be entitled to receive transportation impact fee credits, applicable only toward development
of the Project on the Property, on a dollar for dollar basis in an amount up to but not exceeding the
PS Payment in accordance with Section 163.3180, Florida Statutes, and as specifically described
in Exhibit "C". County further agrees that such credits may be applied on a dollar for dollar basis
against capacity reservation fees at such time as capacity reservation fees may be required to be
paid by Owner in connection with the issuance of a Capacity Reservation Certificate as
contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS
Payment and in the event the PS Payment exceeds either the applicable transportation impact fees
or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund for the
amount of the PS Payment in excess of such transportation impact fees or capacity reservation
fees.

Section 4. No Refund. The PS Payment (including any capacity reservation fees paid
with the PS Payment) is non-refundable and cannot be transferred or applied to another project or
property.

Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:

As to Owner: Kenneth P. Polsinelli


2693 W Fairbanks Avenue, Suite 200
Winter Park, Florida 32789

Page 4 of 12
403 403
Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

As to County: Orange County Administrator


P. 0. Box 1393
Orlando, Florida 32802-1393

With copy to: Orange County


Planning, Environmental, and Development Services Department
Manager, Fiscal and Operational Support Division
201 South Rosalind A venue, 2 nd Floor
Orlando, Florida 32801

Orange County
Planning, Environmental, and Development Services Department
Manager, Transportation Planning Division
4200 South John Young Parkway, 2 nd Floor
Orlando, Florida 32839

Orange County
Planning, Environmental, and Development Services Department
Manager, Planning Division
201 South Rosalind Avenue, 2nd Floor
Orlando, Florida 32801

Section 6. Covenants Running with the Property. This Agreement shall be binding
and shall inure to the benefit and burden of the heirs, legal representatives, successors, and assigns
ofthe parties, and shall be a covenant running with the Property and be binding upon the successors
and assigns of the Owner and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.

Section 7. Recordation of Agreement. Owner shall record an original of this


Agreement in the Public Records of Orange County, Florida, at no expense to County, not later
than thirty (30) days after the Effective Date.

Section 8. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code.

Section 9. Specific Performance. County and Owner shall each have the right to
enforce the terms and conditions of this Agreement only by an action for specific performance.
Venue for any action(s) initiated under or in connection with this Agreement shall lie in the Circuit
Court of the Ninth Judicial Circuit in and for Orange County, Florida. With the exception of the
timing of the PS Payment as set fo1th in Section 2(6) hereof, the parties acknowledge and agree
that no party shall be considered in default for failure to perform under this Agreement until such
party has received written notice, in accordance with Section 5, specifying the nature of such
default or failure to perform and said party fails to cure said default or fails to perform within thitty
(30) days ofreceipt of written notice

Page 5 of 12 404 404


Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight l LLC for Semoran Boulevard, 2022

Section JO. Attorney Fees. In the event either party hereto brings an action or
proceeding including any counterclaim, cross-claim, or third-party claim, against the other party
arising out of this Agreement, each party in such action or proceeding, including appeals therefrom,
shall be responsible for its own attorney and legal fees.

Section 11. Construction of Agreement; Severability. Captions of the Sections and


Subsections of this Agreement are for convenience and reference only; any words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,
or meaning of the provisions of this Agreement. If any provision of this Agreement, the deletion
of which would not adversely affect the receipt of any material benefits by any party hereunder or
substantially increase the burden of any party hereunder, shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any ·
respect whatsoever the validity or enforceability of the remainder of this Agreement.

Section 12. Amendments. No amendment, modification, or other change(s) to this


Agreement shall be binding upon the parties unless in writing and formally executed by all of the
parties.

Section 13. Termination. In the event either (i) Owner has not paid the PS Payment to
County within one hundred eighty (180) days after the Effective Date, as contemplated in
Subsection 2(b), or (ii) Owner has timely paid the PS Payment to County and the Project has been
constructed on the Property pursuant to a County building permit, this Agreement shall
automatically terminate and thereafter be null and void for all purposes.

Section 14. Counterparts. This Agreement may be executed in up to two (2)


counterparts, each of which shall be deemed to be an original and both of which together shall
constitute one and the same instrument.

[Signatures appear on following pages]

Page 6 of 12
405 405
Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by
their respective duly authorized representatives on the dates set forth below.

"COUNTY"

ORANGE COUNTY, FLORIDA


By; Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ __
Jerry L. Demings
Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ _ __
Deputy Clerk

Print Name: - - - - - - - - - - - - -

Page 7 of 12
406 406
Propo11ionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

WITNESSES:

Print Name:
p~
4V\ VV1 vJi11 h, h
"OWNER"

PMF MIDNIGHT I LLC, a Florida limited


liability company

~ -P -@L-QQ_/~-
i:;

By:
Gmw? .y /~0-1-~~ ---·-·
Print Name: Kenneth P. Polsinelli
Print Name: 7).g-"'-.l1 fiL VV\ ooe.b'
Title: Authorized Representative

STATE O:F: --; -JDy\ c-R.D------


COUNTY OF: 0=-.'<:..;'f'..:..:.~~k:liU...l.!e;~----

The foregoing instrument was acknowledged before me by means of ~(p_ l!J.§.ical presence or □
online notarization, t h i s ~ day of Navg rovx:.x--· ,
2022, by Kenneth P. Polsinelli, as Authorized
Representative of PMF MIDNIGHT I LLC, a Florida limited liability company, on behalf of such company,
who g' is personally known to me or □ has produced _ _ _ __ _ _ _ __ __ as
identification.

WITNESS my hand and official seal in the County and State last aforesaid this<2n_ day
of t..:J:}J.L'M~.. , 2022.

(Notary Stamp)

Notary Public State of Florida


ii;., Kimberly L Hei:iderson

~
My Commlss1on
HH 277413
Exp. 6/16/2026
• ~ .... --l@P - W •• n ,p

Page 8 of 12 407 407


Proportionate Share Agreement, Midnight PMF Apartments
PMl' Midnight I LLC for Semoran Boulevard, 2022

Exhibit "A"

"MIDNIGHT PMF APARTMENTS"

Project Location Map

OCPAWebMap M>/orfio1oi ('.\aj:; It.ti Ro,o ··• OMW1y cri:-.:Y.Llt1a £'::\ ~:~~:r., (;J Po11t ot
r~WIII
Roid'~"~r
@ ·· lnl,r6i!I~, ,,<f) \oof; Cour.tj Aolit ~ Dn<r.tto;o . tort1M ..... fl) PublJC. kh10i

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: C~M.f/UC:tiM: ' Pln.t

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: \.1! L J .1
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Created: 1011012022 ·17:30

Page 9 of 12 408 408


Proportionate Share Agreement, Midnight PMF Apartments
PMF Midnight I LLC for Semoran Boulevard, 2022

Exhibit "B"

"MIDNIGHT PMF APARTMENTS"

Parcel IDs: 10-23-30-0000-00-021 and l 0-23-30-0000-00-029

Legal Description:

10-23-30-0000-00-02 l:

The East 150 feet of SW l/4of the NW ¼ of Section I 0, Township 23 South, Range 30 East, Less
the South 55 feet thereof, Orange County, Florida.

Together with a perpetual easement for ingress and egress from above land to and from the public
highway on the west over the South 55 feet of Southeast¼ of Northeast¼ of Section 9 and over
the South 55 feet of Southwest ¼ of the Northwest ¼ of Section 10, all in Township 23 South,
Range 30 East, Orange County, Florida.

10-23-30-0000-00-029:

The West 150 feet of the East 300 feet of the Southwest¼ of the Northwest¼ of Section 10,
Township 23 South, Range 30 East, (less the South 55 feet thereof) AND an easement for ingress
and egress over the South 55 feet of the Southeast ¼ of the Northeast ¼ of Section 9, Township
23 South, Range 30 East, less the West 30 feet for road and less the East 100 feet for road and over
the South 55 feet of the Southwest ¼ of the Northwest ¼ of Section 10, Township 23 South, Range
30 East, less the West 100 feet for road, Orange County, Florida.

Page lO of 12 409 409


"Q "Q
Roadway Improvement p·r oject lnformatio.n
~.g 0

Planntd lmprove:'lltent Strsgrttcrit


exi'ihnS
Gtn-er.anzcd. T~pb of
lmprOvid
Getic::rchz!iiij C;ip~(ity-
§'.g-
9- ::,
R.oaci\w,y(~) limi ts of l01prove n1cnt {From • Tc} L<t;ath C!:p:3..::liy Jrttpro'w'Cfnel'lt ~atfty lo~tu.se
=· ~
(JQ ~

-
i-.::::..:-1:,; !.·,c ::,- (b

:~ !u.r~
,.... en
::,-
t""' E:
r' ,,;
County.Share of lmPJovernent n;i:.
ff) o'~ (b
(1) "'
? l~nneif. lmproHrntnt Stgmtnt
Existinu
Gtnt-rallztd Backloggte!
Jrnprovtd
Gtnetaliud Capacity Count,, (8ocklog) s0 en ""
(b
8
3
Rozdway{s} limits or lmprcvem ent (From . To) L<ngth Adopted LOS C•p•c!ry Trlps CaJOaclry Increase,. Responsi bHity ...
~
o a
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(b

s~:r ..:.1.;1¥ ~ !.-d Hc:.;:1,::;1 h ~h. I P~l~l.lfi-:) i,:,i~ i :?o E 3'J2t.• :ci ~" 10-1 0 ~J.,1) 00 1:.n-:,
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Existing Impro ved
~
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?ianncd lmpro v-tmtnt
Roadway(•) Lim:ls of lmprc.vement {From - To)
Segment
Longth Adopttd LOS
Genienltztd
C3PlCl!Y
G.en,raU2.ecf
C•paclty
C:ap,ciry
lncrtas&
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C"ipac:iiy lncr•u.~
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,...._o
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I ~t,,l~h tlt] AV.., t 2~
" .;:i~o ¼40 ;c,~u :-~ 'i<;iJ~ $15.~5.3'l1 $iS-.04:.•
Updat•d: 9123/22
(1)
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,-+
~ "'O

~
~
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:=,:
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Log of Project Contributions (1) ::i ~ q


~
::i ,-+
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(1)
::!.
cr- ~
Project Prop ..... ::: ~ 1--j
Date Project irips Share 0 .-+
5· z1--j ~
"'O ::s M
Existing Sep.22 Existing ptus Commii:t-ai:I 20 $300,920 ...
(1)
(j)
(j)
""" z
::r 1--j

(IQ ~
Backlogged Totals: 20 $300,920
>
<
Proposed Sep-22 Micinight PMF Apartments a $i20.36'$ (1)
;:I
$0
$0
$0
$0
--
~

Totals; 28 $421 ,288

410
Roadway Improvement Project Information
& 1stio~ tm~ro~ed
PIJMtd Jn·,proven,~r,r Sc~mcrtt G"1"!trcJtbd Twi ~f G.cn ~,cH!~ C•~a<l•1
Roac:way(s:) Ltm:ts of hn;)r ove mcn~ ffrore - To} Lr:n~th Adopted LOS Ca1:>2ctf-1 lmpto;;.ct11ent C:il);).Clty Jn!:rus.e T!)ut?roJtct C-cst Cot:tlTnp
A•.:.::.n•j ~·.,:,.
le ~~" L:..-1~•; ~ C,.;Ci

County Share of Improvement


~~lsting, lt'JlP J'O.:itd
Pl3nnt:d !mpro'.lc:m'!ln1. Segment G:Mtr-dittd 6atk1o;~td Git\t1'1i!f:!bel C•p,u:ily C,,..>n~; (!lt<Hos)
Roadway{s) Limits of lnll)f OYt:mi::nt {Fro:n • To) Ltn~..h A.d\)pted LOS C:!.pacity Trl ps Ctpaclt; lncrtuc Rt,pon-sibllity

Exhting: lm.provtd Capacrtyrncr'ta.sC


Pl3nn!! d Jmprovcrr,itr¢. Segment GeneraJ.~2ed Gtnera.li:u d Ca;,a<:il;; S~cldo_gge.d for New Rema.ming_
Roodway(s) Limits of Improvement {From - To} L•ngth Ado~ttd. LOS C:.pae:ity Capacity tncrtu~ , Trip~ Ot1Yth::ip01tnt Proj•ct Cost Cost/Trip

~ .:rr.,);~:'1 6:Jci Pe.::1!.r,ir..:;;.::1t.> I C..-;r,t'r¢1<l~:J 11t) E ~O:i.'J ~ Cl 1L~Ci 5 l01!; S::(r.6~.fZi t M.~O
Upcal•d: 9r.2Sm
N
0
-,
;::; Log of Project Contributions
fi
Proj ect Prop
Date Project Trips Share
Existing Sep-22 Exisung plus Comm,tt~ci 5 $101.SG0

Backlogged Totals: 5 $101,500

Proposed SBp-22 M1dni9ht PMF' Apanments 21 $426,300


$0
:f,!)
$0
$0
Totals: 26 S527,800

411
1. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT

g1~
5
Interoffice Memo,

GOVERNMENT
FLORIDA

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Jon V. Weiss, P.E., Chairma


Roadway Agreement Commit e

SUBJECT: January 24, 2023 - Consent Item


Proportionate Share Agreement for Palms at Windermere
Ficquette Road & Reams Road

The Roadway Agreement Committee has reviewed a Proportionate Share Agreement


for Palms at Windermere Ficquette Road & Reams Road ("Agreement") by and
between DFC Reams Road, LLC and Orange County for a proportionate share payment
in the amount of $664,539. Pursuant to Section 163.3180(5)(h), Florida Statutes, an
applicant may mitigate capacity deficiencies by entering into a proportionate share
agreement and contributing a proportionate share payment. The proportionate share
payment is due within 90 days of the effective date of this Agreement.

The Agreement follows the recommendation of the Roadway Agreement Committee


providing for the mitigation of road impacts for 22 deficient trips on the road segments of
Ficquette Road from Summerlake Park Boulevard/Reams Road to Overstreet Road in
the amount of $22,947 per trip and seven deficient trips on the road segments of Reams
Road from Lake Hancock Road to Floridian Place in the amount of $22,815 per trip.

The Roadway Agreement Committee recommended approval on November 9, 2022.


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.

ACTION REQUESTED: Approval and execution of Proportionate Share


Agreement for Palms at Windermere Ficquette Road &
Reams Road by and between DFC Reams Road, LLC and
Orange County for a proportionate share payment in the
amount of $664,539. District 1

JVW/NC/js
Attachment

412 412
This instrument prepared by
and after recording return to:

Juli Simas James, Esq.


Shutts & Bowen LLP
300 S. Orange Ave., Suite 1600
Orlando, Florida 32801

Parcel ID Number: 27-23-27-0000-00-020

·-·-·········-----------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA)-----------------·--·-------------------

PROPORTIONATE SHARE AGREEMENT .FOR


PALMS AT WINDER.1'1ERE

FICQUETTE ROAD & REAMS ROAD

This Proportionate Share Agreement (the "Agreement"), effective as of the latest date of
execution (the "Effective Date"), is made and entered into by and between DFC REAMS ROAD,
LLC, a Florida limited liability company ("Owner"), whose principal place of business is 13000
Sawgrass Village Circle, Building 5, Suite 24, Ponte Vedra Beach, Florida 32082 and ORANGE
COUNTY, a charter county and political subdivision of the State of Florida ("County"), whose
address is P.O. Box 1393, Orlando, Florida 32802-1393.

WHEREAS, Owner holds fee simple title to certain real property, as generally depicted on
Exhibit "A" and more pa11icularly described on Exhibit "B", both of which exhibits are attached
hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Prope11y is located in County Commission District 1 and the proceeds of
the PS Payment, as defined herein, will be allocated to Ficquette Road and Reams Road; and

WHEREAS, Owner intends to develop the Property as a residential subdivision consisting


of 57 single-family residential units, referred to and known as the Palms at Windermere (Lake
Reams Neighborhood Planned Development - Parcel 25) (the "Project"); and

WHEREAS, Owner received a letter from County dated November 11, 2022, stating that
Owner's Capacity Encumbrance Letter ("CEL") application # CEL-22-03-029 for the Project was
denied; and

WHEREAS, the Project will generate 22 deficient PM Peak Hom trips (the "Excess Trips
l") for the deficient roadway segment on Ficquette Road from Summerlake Park
Boulevard/Reams Road to Overstreet Road (the "Deficient Segment 1"), and O PM Peak Hour
trips we.re available on Deficient Segment 1 on the date the CEL was denied, as further described
in Exhibit "C" attached hereto and incorporated herein; and

413 413
OR.LDOCS I 986531 2 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

WHEREAS, the Project will generate 7 deficient PM Peak Hour trips (the "Excess Trips
2") for the deficient roadway segment on Reams Road from Lake Hancock Road to Floridian Place
(the "Deficient Segment 2"), and OPM Peak Hour trips were available on Deficient Segment 2
on the date the CEL was denied, as fotiher described in Exhibit "C" attached hereto and
incorporated herein; and

WHEREAS the Excess Trips 1 and the Excess Trips 2 shall be referred to herein
collectively as the Excess Trips; and

WHEREAS, the Deficient Segment 1 and Deficient Segment 2 shall be refe1Ted to herein
collectively as the Deficient Segments; and

WHEREAS, the Excess Trips will cause the Deficient Segments to operate below adopted
Level of Service standards; therefore, pursuant to Section 163.3180(5)(h), Florida Statutes, as
amended, the Owner shall provide the County with proportionate share mitigation for the Excess
Trips; and

WHEREAS, Owner and County have agreed that the proportionate share payment
necessa1y to mitigate the impact of the Excess Trips on the Deficient Segments through the cu1Tent
anticipated Project buildout is Six Hundred Sixty-Four Thousand Five Hundred Thirty-Nine and
No/100 Dollars ($664,539.00) (the "PS Payment"); and

WHEREAS, County and Owner desire to set forth certain terms, conditions, and
agreements between them as to the development of the Property into the Project.

NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between Owner and County, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein
by this reference.

Section 2. PS Payment; CEL.

(a) Calculation of PS Payment: The amount of the PS Payment for the Deficient
Segments, as described in Exhibit "C", totals Six Hundred Sixty-Four Thousand Five Hundred
Thirty-Nine and No/100 Dollars ($664,539.00). This PS Payment was calculated in accordance
with the methodology outlined in Section 163.3180, Florida Statutes. Owner and County agree
that the Excess Trips will constitute the Project's impact on the aforementioned Deficient
Segments based upon (i) Owner's Traffic Study titled "Traffic ImpactAnalysis", the in~house study
that was prepared by Orange County's Transpo1iation Planning Division, dated November 9, 2022,
for Palms at Windermere (the "Traffic Study"), which is incorporated herein by this reference, and
(ii) upon the calculations described in Exhibit "C." The Traffic Study is on file and available for
inspection with that division (CMS #2022029). Owner and County further acknowledge and agree
that the PS Payment as set forth above shall be the final and binding calculation of the amount the
Owner is required to pay through the build out of the currently approved Project as proportionate

Page 2 of 13
414 414
ORLDOCS 1986531212
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

share mitigation for impacts of the Project upon roadways within Orange County's jurisdiction,
notwithstanding any subsequent variance in the actual cost of improvement to the Deficient
Segments or actual traffic impacts created by the Project; provided, however, that if Owner
subsequently increases the number of units and/or square footage, as applicable, of the Project, the
Project may then be subject to an additional concunency evaluation and propo1tionate share
agreement as set fo1th in Section 2(d) below. Owner and County further acknowledge and agree
that the calculation of, and agreement regarding, the amount of the PS Payment constitute material
inducements for the parties to enter into this Agreement.

(b) Timing of PS Payment, Issuance of CEL. Within ninety (90) days following the
Effective Date, Owner shall deliver a check to County in the amount of Six Hundred Sixty-Four
Thousand Five Hundred Thhty-Nine and No/100 Dollars ($664,539.00) as the PS Payment. The
check shall be made payable to "Orange County Board of County Commissioners" and shall be
delivered to the Fiscal and Operational Support Division of the Planning, Environmental, and
Development Services Department. Within twenty-one (21) days following its receipt of the PS
Payment, if the Property's future land use designation and zoning are consistent with the Project's
proposed development, County shall issue a CEL sufficient to encumber traffic capacity for the
Project, inespective of any actual traffic deficiency on the Deficient Segments. Within the time
frame provided in the CEL, the Owner must reserve the encumbered trips by obtaining a Capacity
Reservation Certificate as provided in Section 30-591 of the Orange County Code, as may be
amended. An amount equal to the PS Payment shall be applied toward the amount of the initial
capacity reservation payment (and any subsequent reservation payment(s), if the initial reservation
payment does not exceed the amount of the PS Payment) as fmther set forth in Section 3 below.
In the event Owner has not paid the PS Payment within ninety (90) days of the Effective Date, one
extension of ninety (90) days may be granted by the manager of County's Transportation Planning
Division. In the event Owner has not paid the PS Payment to County within one hundred eighty
(180) days after the Effective Date, this Agreement shall become null and void.

(c) Project Development. Recordation of a subdivision plat or approval of a


commercial site plan for the Project shall not be permitted prior to the issuance of a Capacity
Reservation Certificate as contemplated in subparagraph 2(b) above.

(d) Increase in Project Trips. Any change to the Project which increases the unit count
and/or square footage, as applicable, may result in an increase in trips on the Deficient Segments
or other segments within the transportation impact area, as defined by County. Owner understands
and agrees that any such additional trips are neither vested nor otherwise permitted under this
Agreement, and that Owner is precluded from asserting any such vesting. In addition, Owner
understands and agrees that any such changes resulting in an increase in trips may cause this
Agreement to become null and void, and/or may require application for and execution of an
additional Proportionate Share Agreement, along with any other required documentation, for the
number of increased trips.

(e) Satisfaction of Transportation Improvement Requirements. County hereby


acknowledges and agrees that upon Owner's payment of the PS Payment as required herein, and
absent any change in the Project increasing the number of trips as set forth in subparagraph 2(d)
above, Owner shall be deemed to have satisfied all requirements for the mitigation of the traffic

Page 3 nf 13
415 415
OIU.DOCS 19865312 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquettc Road & Reams Road, 2023

impacts of the Project on all roads affected by the Project within County's jurisdiction through
buildout of the Project. Owner shall be entitled to fully and completely develop the Project, without
regard to whether the improvements to the Deficient Segments are actually constructed; provided,
however, Owner shall be required to obtain a Capacity Reservation Certificate prior to the
expiration of Owner's Capacity Encumbrance Letter and shall be required to maintain the validity
of the Capacity Reservation Certificate in accordance with its terms. Additionally, nothing herein
shall be construed to exempt Owner from meeting the requirements of all other applicable laws,
regulations, and/or Orange County Code provisions or from making the required payment of
transpo1tation impact fees applicable to the Project, subject to credits as set fo1th in Section 3
below.

Section 3. Transportation Impact Fee Credits. County and Owner agree that Owner
shall be entitled to receive transportation impact fee credits, applicable only toward development
of the Project on the Property, on a dollar for dollar basis in an amount up to but not exceeding the
PS Payment in accordance with Section 163 .3180, Florida Statutes, and as specifically described
in Exhibit "C". County further agrees that such credits may be applied on a dollar for dollar basis
against capacity rese1vation fees at such time as capacity reservation fees may be required to be
paid by Owner in connection with the issuance of a Capacity Reservation Ce1tificate as
contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS
Payment and in the event the PS Payment exceeds either the applicable transpo1tation impact fees
or capacity rese1vation fees, as the case may be, Owner shall not be entitled to a refund for the
amount of the PS Payment in excess of such transp01iation impact fees or capacity reservation
fees.

Section 4. No Refund. The PS Payment (including any capacity rese1vation fees paid
with the PS Payment) is non-refundable and cannot be transferred or applied to another project or
prope11y.

Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, ce1tified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:

As to Owner: DFC Reams Road, LLC


Attn: Christopher Butler, Manager
13000 Sawgrass Village Circle, Building 5, Suite 24
Ponte Verde Beach, Florida 32802

Pngc 4 of 13
416 416
ORLDOCS 198653 12 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

With copy to: Dream Finders Homes, LLC


Attn: Dan Edwards, Vice President of Land
8529 Southpark Circle, Suite 130
Orlando , Florida 32819

and

Shutts & Bown LLP


Attn: Juli Simas James, Esq.
300 S. Orange Ave., Suite 1600
Orlando, Florida 32801

As to County: Orange County Administrator


P. 0. Box 1393
Orlando, Florida 32802-1393

With copy to: Orange County


Planning, Environmental, and Development Services Department
Manager, Fiscal and Operational Support Division
201 South Rosalind Avenue, 2nd Floor
Orlando, Florida 32801

Orange County
Planning, Environmental, and Development Services Department
Manager, Transpo1tation Planning Division
4200 South John Young Parkway, 2nd Floor
Orlando, Florida 32839

Orange County
Planning, Environmental, and Development Services Department
Manager, Planning Division
201 South Rosalind Avenue, 2nd Floor
Orlando, Florida 3280 I

Section 6. Covenants Running with the Property. This Agreement shall be binding
and shall inure to the benefit and burden of the heirs, legal representatives, successors, and assigns
of the patties, and shall be a covenant running with the Property and be binding upon the successors
and assigns of the Owner and upon any person. firm, corporation, or entity who may become the
successor in interest to the Prope1ty.

Section 7. Recordation of Agreement. Owner shall record an original of this


Agreement in the Public Records of Orange County, Florida, at no expense to County, not later
than thirty (30) days after the Effective Date.

Page 5 of 13
417 417
ORLDOCS 19865312 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

Section 8. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code.

Section 9. Specific Pe,j'ormance. County and Owner shall each have the right to
enforce the terms and conditions of this Agreement only by an action for specific perfo1mance.
Venue for any action(s) initiated under or in connection with this Agreement shall lie in the Circuit
Comt of the Ninth Judicial Circuit in and for Orange County, Florida. With the exception of the
timing of the PS Payment as set forth in Section 2(b) hereof, the parties acknowledge and agree
that no pa1iy shall be considered in default for failure to perform under this Agreement until such
party has received written notice, in accordance with Section 5, specifying the nature of such
default or failure to perfo1111 and said party fails to cure said default or fails to perfom1 within thitty
(30) days of receipt of written notice.

Section JO. Attorney Fees. In the event either party hereto brings an action or
proceeding including any counterclaim, cross-claim, or third-party claim, against the other party
arising out of this Agreement, each party in such action or proceeding, including appeals therefrom,
shall be responsible for its own attorney and legal fees.

Section 11. Construction of Agreement; Severability. Captions of the Sections and


Subsections of this Agreement are for convenience and reference only; any words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,
or meaning of the provisions of this Agreement. If any provision of this Agreement, the deletion
of which would not adversely affect the receipt of any material benefits by any party hereunder or
substantially increase the burden of any party hereunder, shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect whatsoever the validity or enforceability of the remainder of this Agreement.

Section 12. Amendments. No amendment, modification, or other change(s) to this


Agreement shall be binding upon the parties unless in writing and formally executed by all of the
parties.

Section 13. Termination. In the event either (i) Owner has not paid the PS Payment to
County within one hundred eighty (l 80) days after the Effective Date, as contemplated in
Subsection 2(b), or (ii) Owner has timely paid the PS Payment to County and the Project has been
constructed on the Prope1ty pursuant to a County building pern1it, this Agreement shaIJ
automatically terminate and thereafter be null and void for all purposes.

Section 14. Counterparts. This Agreement may be executed in up to two (2)


counterparts, each of which shall be deemed to be an original and both of which together shall
constitute one and the same instrument.

Page <, of 13
418 418
ORLDOCS 19865312 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by their respective duly authorized representatives on the dates set forth below.

"COUNTY"

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ __
Jeny L. Demings
Orange County Mayor

Date: _ _ _ __ _ __ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:---------------
Deputy Clerk

Print Name:
- - - -- - - - - - - -

P~gc 7 of 13
419 419
ORLDOCS l9865312 12
Proportionate Share A greement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

WITNESSES: "OYVNER"

DFC REAMS ROAD, LLC, a Florida


limited liability company
By: /!(l--l ~ --------~--
/ ~-' { f,t__ CA --- l.J' )
Print Name: ¥ 1/4<4.,CJ
Print Name:

Title: f v-tj.) ( '> {


- -- - - - - - - - - - - -
Date:
---------------

The foregoing instrument was acknowledged before me by means of i.la"physical presence or □


Online notarization, this JJ.:!, day of f,./ ~ 4,:e----: , 2022, by ll/i d < c~
/.f,-1,., ,
as the ',//J ofDFC Reams Road, LLC, a Florida limited liability company, on behalf of
such company, who)(] is personally known to me or □ has produced _ _ _ _ _ _ _ _ _ _ _ __
as identification.

WITNESS my hand and official seal in the County and State last aforesaid this 2V"" day
of /VbrlAJ..r , 2022. -

(Notary Stamp)
Signature of Not;i.;-y PubIi~
Print Name: J('1f~ ),.he
Notary Public, State of_,,..._..,.l_fSl,n~·~=----:--- - -- -
Commission Expires: !;J
"l '7L 1,J;,

.I. Notary Public Stale of Florida


A Kyle Hudson
tm:tfiiiid:XWMy Co~mlssion HH 2824 90
Expires 6/29/2026

Page 8 of 13
420 420
ORLDOCS 19365312 J2
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

Exhibit "A"

"Palms at '\-Vindermere"

Project Location Map

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O ,u r h .,1H:• Fht

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' Vlll, ,1,;, Community A.!,~-n lnc
10J.2 a<:r e":!. +--

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P~ge 9 of 13
421 421
ORLDOCS 19865312 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

Exhibit "B"

"Palms at YVindennere"

Parcel ID: 27-23-27-0000-00-020

Legal Description:

A TRACT OF LAND LYING IN SECTIONS 26, 27, 34 AND 35, ALL IN TOWNSHIP 23
SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID


SECTION 26 FOR A POINT OF REFERENCE; THENCE RUN NORTH 00°01 1 11" EAST,
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 26, A
DISTANCE OF 82.44 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID
WEST LINE, RUN SOUTH 89°56'27" EAST, FOR A DISTANCE OF 1321.61 FEET TO A
POINT ON THE WEST LINE OF TRACT J, ENCLAVE AT BERKSHIRE PARK ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 65, PAGES 124 THROUGH 131
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH
00°02 106" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF 79.46 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF AFORESAID SECTION 26;
THENCE RUN SOUTH 00°00'08" WEST, ALONG SAID WEST LINE AND ALONG THE
WEST LINE OF TRACT M, LAKE SA WYER SOUTH PHASE 5 ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 76, PAGES 40 THROUGH 44 OF SAID PUBLIC
RECORDS, FOR A DISTANCE OF 4281.67 FEET TO THE SOUTHWEST CORNER OF SAID
TRACT M; THENCE RUN SOUTH 89°59'53" EAST, ALONG THE SOUTH LINE OF SAID
TRACT M, FOR A DISTANCE OF 1161.95 FEET TO A POINT ON THE WESTERLY LINE
OF A 75 FOOT WIDE FLORIDA POWER CORPORATJON EASEMENT, AS RECORDED IN
OFFICIAL RECORDS BOOK 2099, PAGE 850 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA ALSO BEING THE WESTERLY LINE OF LAKES OF WINDERMERE-
PEACHTREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 55,
PAGES 20 THROUGH 25 OF SAID PUBLIC RECORDS; THENCE RUN SOUTHERLY
ALONG SAID WESTERLY LINES THE FOLLOWING COURSES: SOUTH 06°24'22" WEST,
FOR A DISTANCE OF 447.21 FEET; THENCE RUN SOUTH 13°19'26" WEST, FOR A
DISTANCE OF 1244.92 FEET; THENCE RUN SOUTH 08°06'43" WEST, FOR A DISTANCE
OF 233.29 FEET; THENCE DEPARTING SAID WESTERLY LINES, RUN SOUTH 35°18'53"
WEST, FOR A DISTANCE OF 30.47 FEET; THENCE RUN NORTH 54°41'07" WEST, FOR A
DISTANCE OF 880.00 FEET; THENCE RUN SOUTH 35°18'53" WEST, FOR A DISTANCE
OF 950.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
REAMS ROAD ACCORDING TO DOCUMENT #20210159647 OF SAID PUBLIC RECORDS;
THENCE RUN NORTH 54°41'07" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-
WAY LINE, FOR A DISTANCE OF 440.00 FEET; THENCE DEPARTING SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH 35°18'53" EAST, FOR A
DISTANCE OF 950.00 FEET; THENCE RUN NORTH 54°41'07" WEST, FOR A DISTANCE
OF 1540.00 FEET; THENCE RUN NORTH 06°32'20" WEST, FOR A DISTANCE OF 393.84
FEET; THENCE RUN NORTH 00°07'1 I" WEST, FOR A DISTANCE OF 880.00 FEET;

Page 10 of 13
422 422
ORLDOCS 19865312 12
Proportionate Share Agreement, Palms at Windermere
DFC Reams Road, LLC for Ficquette Road & Reams Road, 2023

THENCE RUN SOUTH 89°52149" WEST, FOR A DISTANCE OF 954.91 FEET TO A POINT
ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF REAMS ROAD ACCORDING TO
DOCUMENT #20210159647 OF SAID PUBLIC RECORDS; THENCE RUN NORTHERLY
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES:
NORTH 00°08 135" WEST, FOR A DISTANCE OF 10.93 FEET TO A POINT OF CURVATURE
OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 2148.73 FEET AND A
CENTRAL ANGLE OF 11 °45 135 11 AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 06°01 120" WEST, 440.25 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 441.02 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE TO THE WEST HAVING A RADIUS OF 204.08 FEET AND A CENTRAL ANGLE
OF 19°40 126" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 12°26'22"
WEST, 69.73 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 70.08 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO
THE WEST HAYING A RADIUS OF 2148.73 FEET AND A CENTRAL ANGLE OF 08°07'17"
AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°46146" WEST, 304.31
FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
304.57 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE EAST
HAVING A RADIUS OF 1996.32 FEET AND A CENTRAL ANGLE OF 02°56 131" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 21 °06152" WEST, 102.49
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 102.51 FEET TO A POINT ON A NON-TANGENT LINE; THENCE DEPARTING SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, RUN SOUTH 89°11'37" EAST, FOR A
DISTANCE OF 766.89 FEET; THENCE RUN NORTH 00°48 123" EAST, FOR A DISTANCE
OF 880.00 FEET; THENCE RUN NORTH 89°11 137 11 WEST, FOR A DISTANCE OF 880.00
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FICQUETIE ROAD
ACCORDING TO DOCUMENT #20210159647 OF SAID PUBLIC RECORDS; THENCE RUN
NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING
COURSES: NORTH 00°48 123 11 EAST, FOR A DlSTANCE OF 37.42 FEET; THENCE RUN
NORTH 89°11 13711 WEST, FOR A DlSTANCE OF 20.00 FEET; THENCE RUN NORTH
00°48 123" EAST, FOR A DISTANCE OF 819.43 FEET TO A POINT ON A NON-TANGENT
CURVE, CONCA VE TO THE WEST HAYING A RADIUS OF 4663.66 FEET AND A
CENTRAL ANGLE OF 02°59'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 00°40142 11 WEST, 243 .23 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 243.26 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-
OF-WAY LINE, RUN SOUTH 89°11 13?11 EAST, FOR A DISTANCE OF 906.30 FEET;
THENCE RUN NORTH 00°48'23" EAST, FORADJSTANCE OF 481 .08 FEET; THENCE RUN
SOUTH 89°56 27" EAST, FOR A DISTANCE OF 628.95 FEET TO SAID POINT OF
1

BEGINNING.

l'~ge1 1 u f 13
423 423
()JU.DOCS 19865312 12
Log of Project Contributions
0 Ficquette Rd {Summerlake Park Blvd/Reams Rd to Overstreet Rd) t:,>-c
~
'Tl >-:
0
().g
0
()
~~
0:=.
0
V,
Roadway Improvement Project lnfonnation "'a ;:l
V,
"'
...,
>-,,., 0
ElistinQ lrr,pn,v,d s
~
Cl)
::::r
Pbnn.d "1provomenl S<tgment GenODlized Type al Go.,....!izod Capacity
•0.. >-:
"'
Length AdcpledlOS Capacity lmp'°"""""'l Capacily lr.cnase To!al Prnjoct Cost Cost/Trip
[: ">-
Roadway(•) Umits cl lmprowment (From• To}
Sunm!tlase Paik Blvd , , Widenlrom 2 lo ' .,
()~
F,::qu,ette Rd Rl!am!.Rd o,.,.:ree< Rd 1.74 E aeo 4 bnes 2000 1120 szs,"1¢.204 S22.~7
o' ~
... 3
'Tl"
County Share of Improvement - · ....
0 ::::i
.0 -
~ ""Q
Existing ~d
8 "'c:::-
::s
Planned "1provemenl
Road"7)'(•) Umils cllmprowrrent (from• To}
Segment
Length Adopted LOS
Genenlized
Capicity
lbc:l<logg<td
Trips
Genoraliud
Capocily
Capaci1y
lncrtaH
C011111y (Bac;l<log)
Rl!sponsibirrty ::,:,:
g,..,
:1 t:;
F.,:;quette Rd
Sulffl"P.da<9 Pad< BN<l
Reams Rd Offi;lll!el Rd 1.7-4 E 830 622 2000 1120 s1un.m trj
>:j
-a
::.
Cl.~
~ --
:::i

Developer Share of Improvement


,-...
(j -
;::: ~~
"'a -
& is~ng lrnpto'ied Capac;ity lncrust
--z
t'rj "'.....
c:,
t'rj
~
=-
,-.
V,
~
::,:,0
0
...,

Planned mpro,ement
Roa:lway\s) LimirHI l/rlp<o<rerrent (F,om • To)
Sagment
Ltni;tll Adopted LOS
Gen<n!ized
Capacily
Gentralwid
C;,paci:y
Capacity
lncraaso
&cillogged
Trip•
lorNew
c..nlopme,,I
Re<Nining
Project Cost Cast/Trip
>-:l
<f.l ~
:=
8:
.... "'
_c,.
....
0
t'rj N
::>!J."l'll'TlSl\=..\!!t"A!l\o.,;J/1 ~ 0
t.,
Fq..,rtoR~ Roams Rd 1,74 E 800 20Cll 112() 6Z! 498 C'} (j N
O.""treelRd S11A27.412 ~22.947 !E '-'
Updated: 11111122
~ .
t'rj
3rs>
'.2
~~
Doll
Exi•ting Jan-19
Log of Project Contributions
f'rojoct
E>is:.-g pl\.~ Comm,tta<l
Projtct
Trips

614
8
Prop
Sh1<1

$14,089.~58
-
>-:l

Jan-19 Monk PO S151,288

so
8acllloS9td Tot.ls: 622 $14,240,7~

Pcoposod Jul-22 Pa!ms at \V:rnlerme<1 22 $504,834


so
so
so
so
Totals: 6" $14,7'5,580

424
Log of Project Contributions t:: "C
'Tl ..,
Reams Road ( lake Hancock Road to Floridian Pl }
(").g
:,:, g
0
~

0
9 ~
"' ~
R~ad-.v ay l!1l!ll c'vtmcnt Pt!>jecl Information :,:, (1)

Planni:d Improvement Segment -·--... I


Generalized T)·p;; of
I ""r-•--
Ge11era!ized Ca~ity Tol.lll'ru.f,;ct
0
::.)

,0. "'
i:-
U:J
:::;-
..,
(b

Roadwayis) limits cf lmorovement (from . fol Length Adi:ptedLOS Capacil'.f lmpro~emtnt Capacity Increase Cost CcsUTrip >-
i:-
I I lO 4 I.L1: S I
Wi!l!:nfrom2
0~
Reims Ro:;d l ake Ha.1ccck Road f'.oridian Pl 1.73 E sso io-~ ·1120 s,.::.ss1w1 $22,815 ..,8' g
:::
.,.., <>
County Share of Improvement -·
(") :::I
~
..0 •
i::: -0
r,
aIsunl} imp!'0vea ~ "'
c::-
Planned Improvement
Roadwaylsi limits cf lmprovernentlFrom - Tol
Segment
Length
I Adopted LOS
Generalized Backlogged
Capacity Trips
Generalized
Capac.'ty
CJpacity
fncrease
i;ouniy
{BacklOS)j
Responsibilir;
(b

:,:,
0
::I
(/;

~
t:; "'
O.::E
Reams Rc~d L~ke Hans:.ocs Rood I F:Ond;;;n Pl 1.73 I ;: 3-30 671 ~"(/ ma S15.30S,Se6 (.'!':j
~
'"'ti Ro S'
),:j
-a
~ :,:, 0.

-
)-I (t
(1) >-;
(") :::
...,
~veloper Share of Improvement
(.'!':j "'8
(.'!':j "'
~ >( er. ..,
0
(t

.. '"t' ...'-'•~J.
'.Z ...... .., :,:,
Existing lrnproved Increase for ""1 ~ ;;: 0
"'
Planned lmprovem"nt Segment Generalized Ge~raliied Capacity Backlogged Uew Remaining r:n ..... .P-
Roadway(s) Limit~ of lmorovement (from. To} Length Adopted LOS C~p.icity Capacity Increase Trips De,elopnient Project Cost Cost/Trip (.'!':j =· N

I 0.
q 0
I ~
(1) N
RearnsRo.:.d lll<.~ Ha.1coct. Rood F:O~dian Pl i.73 E SS!J 20£•) 11~ m 4;9 S!D,243,l?.1$ S22,~15 ~. (.,.J

(.'!':j
!3
Updated: 11/11!22 ~
'.Z ~~
Log of Prnject COntli?llltioll ""1
Proiect Prop N
Date JProj,;~t Trips Share
faiSlin g Jon-1~ l&isbng ;!us Conir.~!L'-d o,14 S14.~'.:!.&>0
Jtln•i3 i'.'indtm1e1e Cent:!r 1g S347.9$5.
A:ig-19 Wind::m)e(e Ca·, m 8 Sl-lS.520

Backlogged Totals: &71 $15,187,365


Propose,c J;i{.O? ;Palms at ·t1indem1ere 7 S159.705
so
Sl!
sa
!i.U

Tot.11s: 678 $15.347,070

~
N
01 425
1. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES

g,:
DEPARTMENT
6
Interoffice Memorandurr

GOVERNMENT
II L ORJD,\

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Jon V. Weiss, P.E., Chairman......


Roadway Agreement Committf6

SUBJECT: January 24, 2023 - Consent It~ ,


Proportionate Share Agreement for Shenandoah Reserve
Goldenrod Road

The Roadway Agreement Committee has reviewed a Proportionate Share Agreement


for Shenandoah Reserve Goldenrod Road ("Agreement") by and between E3
Community Church, Inc. and Orange County for a proportionate share payment in the
amount of $157,698. Pursuant to Section 163.3180(5)(h), Florida Statutes, an applicant
may mitigate capacity deficiencies by entering into a proportionate share agreement
and contributing a proportionate share payment. The proportionate share payment is
due within 90 days of the effective date of this Agreement.

The Agreement follows the recommendation of the Roadway Agreement Committee


providing for the mitigation of road impacts for six deficient trips on the road segments
of Goldenrod Road from Pershing Avenue to Curry Ford Road in the amount of $26,283
per trip.

The Roadway Agreement Committee recommended approval on December 14, 2022.


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.

ACTION REQUESTED: Approval and execution of Proportionate Share


Agreement for Shenandoah Reserve Goldenrod Road by
and between E3 Community Church, Inc. and Orange
County for a proportionate share payment in the amount
of $157,698. District 3

JVW/NC/js
Attachment

426
426
This instrument prepared by
and after recording return to:

Dwight Saathoff
Project Finance & Development, LLC
7575 Dr. Phillips Boulevard, Suite 265
Orlando, Florida 32819

Parcel ID Numbers: 1 l-23-30-0000-00-022; 10-23-30-3032-00-673; 10-23-30-3032-00-672; and


10-23-30-3032-00-670

·················-·--·············-···-·--[SPACE ABOVE THIS LINE FOR RECORDING DATA]··························..--..••......

PROPORTIONATE SHARE AGREEMENT FOR


SlffiNANDOAII RESERVE

GOLDENROD ROAD

This Proportionate Share Agreement (the "Agreement"), effective as of the latest date of
execution (the "Effective Date"), is made and entered into by and between E3 COMMUNITY
CffiJRCH, INC., a Florida, not-for-profit corporation ("Owner"), with a principal place of
business at 7308 Pershing Ave. Orlando, Florida 32822, and ORANGE COUNTY, a charter
county and political subdivision of the State of Florida ("County"), with its principal address at
P.O. Box 1393, Orlando, Florida 32802-1393. Owner and County may sometimes be referred to
herein individually as "Party" and collectively as "Parties."

WHEREAS, Owner holds fee simple title to certain real property, as generally depicted on
Exhibit "A" and more particularly described on Exhibit "B", both of which exhibits are attached
hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Property is located in County Commission District 3, and the proceeds of
the PS Payment, as defined herein, will be allocated to Goldemod Road; and

WHEREAS, Owner intends to develop the Property as 90 single-family attached


residential dwelling units, referred to and known as Shenandoah Reserve (the "Project"); and

WHEREAS, Owner received a letter from County dated October 21, 2022, stating that
Owner's Capacity Encumbrance Letter ("CEL") application #CEL-21-12-101 for the Project was
denied; and

427
427
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

WHEREAS, the Project will generate 6 deficient PM Peak Hour trips (the "Excess Trips")
for the deficient roadway segment on Goldenrod Road from Pershing Avenue to Curry Ford Road
(the "Deficient Segment"), and zero (0) PM Peak Hour trips were available on the Deficient
Segment on the date the CEL was denied, as further described in Exhibit "C"; and

WHEREAS, the Excess Trip(s) will cause the Deficient Segment to operate below adopted
Level of Service standards; therefore, pursuant to Section 163.3180(5)(h), Florida Statutes, as
amended, Owner has offered to provide C0tmty with proportionate share mitigation for the Excess
Trip(s); and

WHEREAS, Owner and County have agreed that the proportionate share payment
necessary to mitigate the impact ofthe Excess Trip(s) on the Deficient Segment through the current
anticipated Project buildout is one hundred fifty-seven thousand six hundred ninety-eight and
00/100 dollars ($157,698.00) (the "PS Payment"); and

WHEREAS, County and Owner desire to set f01th ce1tain te1ms, conditions, and
agreements between them as to the development of the Property into the Project.

NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between Owner and County, the receipt and
sufficiency of which are hereby acknowledged, the Parties stipulate and agree as follows:

Section 1. Recitllls. The above recitals are true and correct and are incorporated herein
by this reference.

Section 2. PS Payment; CEL.

(a) Calculation of PS Payment: The amount of the PS Payment for the Deficient
Segment, as described in Exhibit "C", totals one hundred fifty-seven thousand six hundred ninety-
eight and 00/100 dollars ($157,698.00). This PS Payment was calculated in accordance with the
methodology outlined in Section 163.3180, Florida Statutes, as may be amended. Owner and
County agree that the Excess Trip(s) will constitute the Project's impact on the aforementioned
Deficient Segment based upon (i) Owner's Traffic Study titled "Traffic Impact Analysis for
Concurrency Application Shenandoah Reserve" prepared by Traffic Planning and Design Inc.,
dated April 2022 for Project Finance & Development (the "Traffic Study"), which is incorporated
herein by this reference, and (ii) upon the calculations described in Exhibit "C". The Traffic Study
was accepted by the Orange County Transportation Planning Division on September 14, 2022, and
is on file and available for inspection with that division (CMS #2021101). Owner and County
further acknowledge and agree that the PS Payment as set forth above shall be the final and binding
calculation of the an1ount the Owner is required to pay through the buildout of the cutTently
approved Project as proportionate share mitigation for impacts ofthe Project upon roadways within
County's jurisdiction, notwithstanding any subsequent variance in the actual cost of any

428
428
P~ge 2 of 12
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

improvement(s) to the Deficient Segment or actual traffic /travel impacts created by the Project;
provided, however, that if Owner modifies the Project's development program and/or subsequently
increases the number of units and/or square footage, as applicable, of the Project, the Project may
then be subject to an additional concurrency evaluation and proportionate share agreement as set
forth in Subsection 2(d) below. Owner and County further acknowledge and agree that the
calculation of and agreement regarding the amount of the PS Payment constitute material
inducements for the Parties to enter into this Agreement.

(b) Timing ofPS Payment, Issuance ofCEL. Not later than ninety (90) days following
the Effective Date, Owner shall deliver a check to County in the amount of one hundred fifty-
seven thousand six hundred ninety-eight and 00/100 dollars ($157,698.00) as the PS Payment. The
check shall be made payable to "Orange County Board of County Commissioners" and shall be
delivered to the Fiscal and Operational Support Division of the Planning, Environmental, and
Development Services Department. Within twenty-one (21) days following its receipt of the PS
Payment, if the Property's future land use designation and zoning are consistent with the Project's
proposed development, County shall issue a CEL sufficient to encumber traffic capacity for the
Project, irrespective of any actual traffic deficiency on the Deficient Segment. Within the time
frame provided in the CEL, Owner must reserve the encumbered trips by obtaining a Capacity
Reservation Certificate as provided in Section 30-591 of the Orange County Code, as may be
amended. An amount equal to the PS Payment shall be applied toward the an1ount of the initial
capacity reservation payment (and any subsequent reservation payment(s), if the initial reservation
payment does not exceed the amount of the PS Payment) as further set forth in Section 3 below.
In the event Owner has not paid the PS Payment within ninety (90) days after the Effective Date,
one extension of ninety (90) additional days may be granted by the manager of County's
Transportation Planning Division. In the event Owner has not paid the PS Payment to County
within one hundred eighty (180) days after the Effective Date, this Agreement shall become null
and void.

(c) Project Development. Reeordation of a subdivision plat and/or approval of a


commercial site plan for the Project shall not be permitted prior to the issuance of a Capacity
Reservation Certificate as contemplated in subparagraph 2(b) above.

(d) Increase in Project Trips. Any change or modification to the Project that increases
the unit count and/or square footage, as applicable, may result in an increase in trips on the
Deficient Segment or other segments within the transportation impact area, as defined by County.
Owner understands and agrees that any such additional trips are neither vested nor otherwise
permitted under this Agreement, and that Owner is precluded from asserting any such vesting. In
addition, Owner understands and agrees that any such changes resulting in an increase in trips may
cause this Agreement to become null and void, and/or may require application for and execution
of an additional Proportionate Share Agreement, along with any other required docwnentation, for
the number of increased trips.

429
429
Page 3 of 12
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldemod Road, 2023

(e) . Satisfaction of Transportation Improvement Requirements. County hereby


acknowledges and agrees that upon Owner's payment of the PS Payment as required herein, and
absent any change or modification to the Project as set forth in Subsection 2(d) above, Owner shall
be deemed to have satisfied all requirements for the mitigation of the traffic impacts of the Project
on all roads affected by the Project within County's jurisdiction through buildout of the Project.
Owner shall be entitled to fully and completely develop the Project, without regard to whether
improvements to the Deficient Segment are actually constructed; provided, however, Owner shall
be required to obtain a Capacity Reservation Certificate prior to the expiration of Owner's Capacity
Encumbrance Letter and shall be required to maintain the validity of the Capacity Reservation
Certificate in accordance with its terms. Additionally, nothing herein shall be construed to exempt
Owner from meeting the requirements of all other applicable laws, rules, regulations, and/or
Orange County Code provisions or from making the required payment of transportation and other
impact fees applicable to the Project, subject to any credits as set forth in Section 3 below.

Section 3. Transportation Impact Fee Cretlits. County and Owner agree that Owner
shall be entitled to receive transportation impact fee credits applicable only toward development
of the Project on the Property on a dollar-for-dollar basis in an amount up to but not exceeding the
PS Payment in accordance with Section 163.3180, Florida Statutes, as may be amended, and as
specifically described in Exhibit "C". County further agrees that such credits may be applied on a
dollar-for-dollar basis against capacity reservation fees at such time as capacity reservation fees
may be required to be paid by Owner in connection with the issuance of a Capacity Reservation
Certificate as contemplated in Section 2 above. In no event shall Owner receive credits in excess
of the PS Payment and in the event the PS Payment exceeds either the applicable transportation
impact fees or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund
for the amount of the PS Payment in excess of such transportation impact fees or capacity
reservation fees. For avoidance of doubt, nothing herein is intended to, nor shall constitute,
prepayment of any densities and/or intensities of development or of any development program.

Section 4. No Refunrl. The PS Payment (including any capacity reservation fees paid
with the PS Payment) is non-refundable and cannot be transferred or applied to another project or
property.

Section 5. Notice. Any notice delivered .with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, ce1tified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:

430
430
Page 4 of 12
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

As to Owner: E3 Community Chmch, Inc.


7308 Pershing A venue
Orlando, Florida 32822

With copy to: Project Finance & Development, LLC


7575 Dr. Phillips Boulevard, Suite 265
Orlando, Florida 32819
Attn: Dwight Saathoff

As to County: Orange County Administrator


P. 0. Box 1393
Orlando, Florida 32802-1393

With copy to: Orange County Planning, Environmental, and Development Services Department
Manager, Fiscal and Operational Support Division
201 South Rosalind Avenue, 2 nd Floor
Orlando, Florida 32801

Orange County Planning, Environmental, and Development Services Department


Manager, Transportation Planning Division
4200 South John Young Parkway, 2nd Floor
Orlando, Florida 32839

Orange County Planning, Environmental, and Development Services Department


Manager, Planning Division
201 South Rosalind A venue, 2nd Floor
Orlando, Florida 32801

Section 6. Covenants Running with the Property. This Agreement shall be binding
upon and shall inure to the benefit and burden of the heirs, legal representatives, successors, and
assigns of the Parties, and shall be a covenant running with the Property and be binding upon the
successors and assigns of Owner and upon any person, firm, corporation, or entity who may
become a successor in interest to the Property.

Section 7. Reconlation of Agreement. Owner shall record an original of this


Agreement in the Public Records of Orange County, Florida, at no expense to County, not later
than thirty (30) days after the Effective Date.

Section 8. App/ic(lb/e Law. 1hls Agreement and the provisions contained herein shall
be constmed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code.

431
431
Page 5 of J2
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

Section 9. Specific Performance. County and Owner shall each have the right to
enforce the terms and conditions of this Agreement only by an action for specific performance.
Venue for any action(s) initiated under or in connection with this Agreement shall lie in the Circuit
Court of the Ninth Judicial Circuit in and for Orange County, Florida. With the exception of the
timing of the PS Payment as set forth in Section 2(b) hereof, the parties acknowledge and agree
that no party shall be considered in default for failure to perform under this Agreement until such
party has received written notice, in accordance with Section 5, specifying the nature of such
default or failure to perform and said party fails to cure said default or fails to perform within thirty
(30) days of receipt of written notice.

Section JO. Attorney Fees. In the event either Party brings an ac.t ion or proceeding
including any counterclaim, cross-claim, or third-party claim, against the other Party arising out
of this Agreement, each Party in such action or proceeding, including appeals therefrom, shall be
responsible for its own attorney and legal fees.

Section 11. Construction ofAgreement; Severability. Captions of the Sections and


Subsections of this Agreement are for convenience and reference only; any words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,
or meaning of the provisions of this Agreement. If any provision of this Agreement, the deletion
of which would not adversely affect the receipt of any material benefits by any party hereunder or
substantially increase the burden of any party hereunder, shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect whatsoever the validity or enforceability of the remainder of this Agreement.

Section 12. Amendments. No an1endment, modification, or other change(s) to this


Agreement shall be binding upon the pru.ties unless in writing and formally executed by all of the
parties.

Section 13. Termination. In the event either (i) Owner has not paid the PS Payment to
County within one hundred eighty (180) days after the Effective Date, as contemplated in
Subsection 2(b), or (ii) Owner has timely paid the PS Payment to County and the Project has been
constructed on the Property and completed, pursuant to a County building permit, this Agreement
shall automatically terminate and thereafter be null and void for all pm-poses.

Section 14. Counterparts. This Agreement may be executed in up to two (2)


counterparts, each of which shall be deemed to be an original and both of which together shall
constitute one and the same instmment.

[Signatures appear on following pages]

432
432
Page 6 ofl2
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by
their respective duly authorized representatives on the dates set forth below.

"COUNTY"

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Jerry L. Demings
Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ _ __

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk ofthe Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ __ _
Deputy Clerk

Print Name: - - -- -- - - - - -

433
433
Page 7 of 12
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

"OWNER"

E3 Community Church, Inc., a Florida, not-


for-profit co!fration

By: G (/Ji.

Title: _ _,_ft...!....:l.<(J::..:.J~~~"1u..[_ _ _ __ _ __

STATE OF: n(:)V\ dR


COUNTY OF: O~tl""\'51:---

T~e foreg~in~ inst~ent ~s acknowledged before me by means of~~ysical presence


or D onhne notanzat19n, this ---11_ day of 7)~1l~ , 20 22, by c~A(..\µ11""\ 112-':::f\'Y\.Ll'°'
___ , as ?.\~31 ~""-,.- of E3 Community Church, Inc., a Florida, not-for-profit
corporation, on behalf of such corporation , who □ is personally known to me or [31iasproduced
-fL-v.::,u\~ as identification.

WITNESS my hand and official seal in the County and State last aforesaid this }3t-day
of ]')ee.e:::..Jf"'\llb<i-,_.. , 20LZ. ~
(Notary Stamp) ----,'-..\J--'·•u....--✓---------
Signature7 q,tary Public 0 .
Print Name: f.TV')'"'u,;-)A - -) ·Cv<C1.-,,u.Jl..
Notary Public, State of: :fi.rJ·v\d.ti-..
Commission Expires: :,\ 2:-2 l 2-t:{L'i
(mm/dd/yyyy)

434
434
Page 8 of l 2
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

Joinder and Consent to Proportionate Share Agreement for Shenandoah Reserve by


j

and between Orange County, Florid~ ("Orange County'') and E3 COMMUNITY


CHURCH, INC., a Florida, not-for-profit corporation ("E3 Community Church")
j

(the "Agreement") I

As the contract purchaser ofthe Property, Project Finance & Development, LLC ("Contract
Purchaser"), by executing this Joinder and Consent were indicated below, joins in and consents to
the Agreement and the terms and conditions thereof, and the recording of same against the
Property. Furthermore, at such time that Project Finance & Development, LLC acquires the
Prope1ty, Contract Purchaser shall be deemed a Developer/Owner under the Agreement and shall
assume any and all obligations and shall acquire all rights of E3 Community Church under said
Agreement and Contract Purchaser shall indemnify and hold harmless E3 Community Church for
any claims or liabilities that arise pursuant to said Agreement.

Project Finance & Development, LLC, a

:~rida LimF#a~ny
Dwight Saathoff

Title: Manager
ess
. L>-/IV ! r<J0Df:;f?,Q:;1J Date:
Printed Name of Witness

STATE OF FLORIDA
COUNTY OF ORANGE ✓

, . _ . . ,.. The foregoing instrument was acknowledged _ online or ~ person before me by


Ow \b\-\r S.11<A-t1~O ~f' as MAN A0)f:r?...-- of ~~ f~r r-_,t\J l~MC~, -, ~ l,.,lf.-cf_~f:fh't~ ~~,;l,;t~ ho is
_ known by me to be the person described herein an . ' no ·ex€'c-tea .,1e foregoing, this :5"ni
day of
O&c G'lvlf.:',{;:(;'..) 20;),,? - s/~e ~ personally known to~ .2r has produced _ _ _ _ _ _ _ _ _ __
as identification.
5·h -\
WITNESS my hand and official seal in the County and State last aforesaid this _-·_ day
' , :,.._ - _,,/1 ,,., ,,-,
of D&-C k •/V\,(,...,~,_,...,,, , 20 J>,r>

J~, ✓L-.~,. .
4 Notary Public St Notary P~(:Jc
~ - A J essalyn An/le of Florida
ilWe/Jllllwm MyHCHommissio;' son
220060
Exp. 0210412025
1\ . Jt..~s_JJ(L......pv A-r.JDfCJ:oN
Print Name :

My Commission Expires: .:.1.1 A'?-o~(c,;

435
Page 9 of l2 435
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

Exhibit "A"

"Shenandoah Reserve"

Project Location Map


:. D,ik<>t'lltl!IY
Floiid , In ::

·ouc-.P<W•t' , \

Line E<1scrncnt -1
: ·-t _.., .:
CH1C.1f
iJ!latHl<1 .;tfimll
·1ri,boltl
plf 1ir C11b,.t.111.rl
u
i ~ ,·,
Gu1Je~t11(11 IL P
[tC(>\
12c._,;,,,·1 '., ,, ft)

t hli1u5t~r,e
Com111i,iil~·'C P.tll.c:1 ·. ..
' ·' Gr~.a,Hill ' ··.., ·· livil.'!1-~t.c,(,E C_~io,ili!l)i~· ..
Of 'lllc.\:!Jtliiil~tr ...
;p, ~:;1Jylt1'1;iil ~llW~h ,'ii1d t,lii.Ji<i'niiiy
Cr<:cnHHI ,\ l!i:lll t:~ Ir ,~ ,j:ipfr;,~
P1;,-~h,i l~fj:iii . Ni,~,iri .
Cli1.t,;h'l1ii:: ·
l\li;t,:ld V
hr:~~~11"11:a, L!.,C..

- f ~ . 4 , " · ;__,-,..,,,.~.,;~,- i
Sh enand«~h · I
B~ ,tl~1 ClltHCh :
:lh.cPM tl<:,ah .. ·
B iipti,:t . ~ !i. -:i
l I(
~~~1#:~- .~1;;J~_1tJ(JJJ.'.,'Ji¥-- '7-~ . ;~ .. ·_ .: . ·' n
-S·het1JJll"6~II ......"
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,.-;i'.;J?titt.h Ille ,;i·,'
.... •tf~. y~
.\fr.
'.' i,'l

i~'7, t.,~ilt.,::·L,I'" r.1:


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. . · c:,u1 i~.,..lt::
: t,,un Er,dLL~:

. '
~I~;';_..:.~. (l·~l!~•j .:! -~~;

436
436
Page 10 of 12
Proportionate Share Agreement, Shenandoah Reserve
E3 Community Church, Inc. for Goldenrod Road, 2023

Exhibit "B"

"Shenandoah Reserve''

Parcel ID: 11-23-30-0000-00-022; 10-23-30-3032-00-673; 10-23-30-3032-00-672; & 10-23-30-


3032-00-670

Legal Dcsc1·iption:

PROPOSED LEGAL DESCRIPTION(S):

PROPOSED PARCEL "A"


COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 11, TOWNSHIP 23 SOUTII RANGE 30 EAST, THENCE RUN NORTH 89°49'32" WEST,
A DISTANCE OF 290.01 FEET TO A POINT; THENCE RUN SOUTH 00°07'25" EAST, A DISTANCE
OF 64.50 FEET TO A POlNT ON THE SOUTH RIGHT-OF-WAY LINE OF PERSIDNG AVENUE (AS
IT CURRENTLY EXISTS) SAID POINT BEING THE POINT OF BEGINNING;

THENCE RUN SOUTH 00°07'25" EAST, A DISTANCE OF 268.32 FEET; THENCE RUN SOUTH
89°46'14"EAST,ADISTANCEOF239.93FEETTOAPOINTONTHEWESTRIGHT-OF-WAYLINE
OF SOUUI GOLDENROD ROAD (AS IT CURRENTLY EXISTS); THENCE ALONG SAID WEST
RIGHT-OF-WAY LINE RUN SOUTH 00°07'57" EAST, A DISTANCE OF 330.00 FEET TO A POINT;
THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE RUN NORTH 89°53'44" WEST, A
DISTANCE OF 1275.70 FEET TO A POINT; THENCE RUN NORTH 00°05'35" WEST, A DISTANCE
OF 300.00 FEET TO A POINT; THENCE RUN NORTH 90°00'00" EAST, A DISTANCE OF 284.11
FEET TO A POINT; THENCE RUN NOR11I 45°18'13" EAST, A DISTANCE OF 163.06 FEET;
THENCE RUN NORTH 00°00'03" EAST, A DISTANCE OF 181.28 FEET TO A POINT ON THE
AFORESAID SOUTH RIGHT-OF-WAY LINE OF PERSIDNG AVENUE (AS IT CURRENTLY
EXISTS); THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE RUN SOUTH 89°51'5 I" EAST, A
DISTANCE OF 634.40 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNlNG.

LESS AND EXCEPT THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 4301 , PAGE 2890
OF THE OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;

COMMENCE AT TIIE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION ll ,TOWNSHIP23 SOUTHRANGE30EAST, THENCE RUN SOUTH89°49'32" WEST,
A DISTANCE OF 290.01 F'EET TO A POINT; 11IENCE RUN SOUTH 00°07'25" EAST, A DISTANCE
OF 64.50 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PERSIDNG AVENUE (AS
IT CURREN1LY EXISTS) THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE RUN NORTH
89°51'51" WEST, A DISTANCE OF 634.40 FEET TOA POINT ON SAID SOUTH RIGHT-OF-WAY
LINE; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE RUN SOUTH 00°00'03" WEST,
A DISTANCE OF 181.28 FEET; THENCE RUN SOU11-I 00°27'17" WEST, A DISTANCE OF 85.33
FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING;

TlffiNCE RUN SOUTH 89°42'37" EAST, A DISTANCE OF 267.11 FEET; TIIENCE RUN SOUTH
29°35'17" EAST, A DlSTANCE OF 311.83 FEET; THENCE RUN NORTH 89°36'00" WEST, A
DISTANCE OF 422.71 FEET; THENCE RUN NORTH 00°20'45" EAST, A DISTANCE OF 269.82 FEET
TO A POINT, SAID POINT BEING THE POINT OF BEGINNING.

437
P~gc .11 of 12
437
Log of Project Contributions
Goldenrod Rd (Pershing Ave to Cuny Ford Rd}

Roadway lmprovement Project Information


Exm,~o JmpJc,iiCd
Pl;-ic:m:d lmpr1)\/c-m-:m Stg1n~m Gtli':IJf;z-;d Type ,;f ,G~nesaEzed Ciµaeili
R1JdwoJI$) Lim,t~ vi Hiipr~,tment (from . Tu) I leJIQtil Adojit~LOS I C~p.1;:i!.Y lrnpfo';eliicll! C~tjdt)· Jti~ft.U':' Tvt.l Pr.;j:ttCustl Cost/Ttip
1•/,tl:1 ;,o:n 4~,
Bc'.;:'.:ii,·~1 Ri F'crtt,in:J A\= j C~rqfc!dlH I 1.21 E I ~.IJ b!l:te iQla 1!!::0 ~:!0,HJ7,'97-i I t:~'5.2t-i

County Share of Improvement


Ui:it!"a biipru,cd
Planned lmpiov.ir1ent Se~mcnt I Gtn.:raHzed B~eidogg,;d GfJltfaif!trl C;p;.ei.y CuUlify {8a~klc:ii
R~.l<i'liJ:i(Sj limit, or ~npr~vcmein tfrlim - To) I l~nglh Adoµ1:-.i LOS C;;p~tity Trip$ Cap~dr; lr.titase RespC!I\Sitilit'j

Gci<!-:~:od R~ F'e;~hin-J k.e I C-tiiT/fc:d Rd I l.21 I E :Q-:l,) :3 ~::i I -1&:o I $525,64!>

· -Developer Share of Improvement .

Planned Improvement S,gmtnl


fasting
Gene:.iiiz;d
lmprim•j
Gener,1lized Cap.;c'tty Backlo~g;d
I
Capacity Increase
far llew llenMining I
Road'lla,l&l limits oflmprovam,nttfr~m -To) L,ng!h AdOlJledlOS Capaeiry C~pacity lllC!tJS; Trips Oevelopment Proiect Co~, Co;UTrip

Gc'.•it;t;c-j Rd Pe.stJ.r1}-.ve I C~iryFcrdR1 12) E 1(!,)J :ID2G if.QJ 2ii I 1QoY.1


I "~''·''"" I
.. - . , - ..._ ...J S2i;-£s

Log of Project Contributions


Pmjeet Prop
Trips Shait
fa.is;ing :S?11• l ~ E,j;f::aj f~~ t;Ki:ttt:d ~::~,,~.tJ
S: ~-l~ S.G-:::1ti1J,~j S:1Z;i1i~i~f1:~ tSi:.•~t'~~~) ~!51.~l

$(J
so

To!als:I 2S

..J:::,.
<..v
co 438
1. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT

O~E Interoffice Memorandt 7

C~Y
GOVERNMENT
F LORID A

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~
y-·
FROM: Jon V. Weiss, P.E., Chairma
Roadway Agreement Commit \

SUBJECT: January 24, 2023 - Consent It ~ )


Proportionate Share Agreemen or The Registry on Grass Lake
Avalon Road and US 192

The Roadway Agreement Committee has reviewed a Proportionate Share Agreement


for The Registry on Grass Lake Avalon Road and US 192 ("Agreement") by and
between Grass Lake FL, LP and Orange County for a proportionate share payment in
the amount of $1,068,802. Pursuant to Section 163.3180(5)(h), Florida Statutes, an
applicant may mitigate capacity deficiencies by entering into a proportionate share
agreement and contributing a proportionate share payment. The proportionate share
payment is due within 90 days of the effective date of this Agreement.

The Agreement follows the recommendation of the Roadway Agreement Committee


providing for the mitigation of road impacts for five deficient trips on the road segments
of Avalon Road from Western Way to Flamingo Crossings Boulevard in the amount of
$35,080 per trip, 10 deficient trips on the road segments of Avalon Road from Hartzog
Road to Western Way in the amount of $14,903 per trip, 25 deficient trips on the road
segments of Avalon Road from US 192 to Hartzog Road in the amount of $12,924 per
trip, and 18 deficient trips on the road segments of US 192 from Lake County Line to
Osceola County Line in the amount of $23,404 per trip.

The Roadway Agreement Committee recommended approval on December 14, 2022.


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.

ACTION REQUESTED: Approval and execution of Proportionate Share


Agreement for The Registry on Grass Lake Avalon Road
and US 192 by and between Grass Lake FL, LP and
Orange County for a proportionate share payment in the
amount of $1,068,802. District 1

JVW/NC/js 439 439


Attachment
This instrument prepared by
and after recording return to:

Robert Reese
Brossier, Corp.
952 Moss Lane
Winter Park, Florida 32789

Parcel ID Numbers: 31-24-27-0000-00-020 and 31-24-27-0000-00-007

------------------------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA]----------------------------------------

PROPORTIONATE SHARE AGREEMENT FOR


THE REGISTRY ON GRASS LAKE

AVALON ROAD AND US 192

This Proportionate Share Agreement (the "Agreement"), effective as of the latest date of
execution (the "Effective Date"), is made and entered into by and between Grass Lake FL, LP, a
Virginia limited partnership ("Owner"), whose principal place of business is 448 Viking Drive
Suite 220, Virginia Beach, Virginia 23452, and ORANGE COUNTY, a charter county and
political subdivision of the State of Florida ("County"), whose address is P .0. Box 1393, Orlando,
Florida 32802-1393.

WHEREAS, Owner holds fee simple title to certain real property, as generally depicted on
Exhibit "A" and more particularly described on Exhibit "B", both of which exhibits are attached
hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Property is located in County Commission District 1 and the proceeds of
the PS Payment, as defined herein, will be allocated to Avalon Road and US192; and

WHEREAS, Owner intends to develop the Prope11y as 320 multi-family units referred to
and known as Registry on Grass Lake (the "Project"); and

WHEREAS, Owner received a letter from County dated November 11, 2022, stating that
Owner's Capacity Encumbrance Letter ("CEL") application #22-08-072 for the Project was
denied; and

WHEREAS, the Project will generate 5 deficient PM Peak Hour trips (the "Excess Trips
l") for the deficient roadway segment on Avalon Road from Western Way to Flamingo Crossings
Boulevard; (the "Deficient Segment 1"), and O PM Peak Hour trips were available on Deficient
Segment l on the date the CEL was denied, as further described in Exhibit "C"; and

WHEREAS, the Project will generate 10 deficient PM Peak Hour trips (the "Excess Trips
2") for the deficient roadway segment on Avalon Road from Ha11zog Road to Western Way (the
"Deficient Segment 2"), and OPM Peak Hour trips were available on Deficient Segment 2 on the
date the CEL was denied, as further described in Exhibit "C"; and

440
440
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

WHEREAS, the Project will generate 25 deficient PM Peak Hour trips (the "Excess Trips
3") for the deficient roadway segment on Avalon Road from US 192 to Hartzog Road (the
"Deficient Segment 3"), and OPM Peak Hour trips were available on Deficient Segment 3 on the
date the CEL was denied, as further described in Exhibit "C"; and

WHEREAS, the Project will generate 18 deficient PM Peak Hour trips (the "Excess Trips
4") for the deficient roadway segment on from US 192 from Lake County Line to Osceola County
Line (the "Deficient Segment 4"), and OPM Peak Hour trips were available on Deficient Segment
4 on the date the CEL was denied, as further described in Exhibit "C"; and

WHEREAS the Excess Trips 1, Excess Trips 2, Excess Trips 3, and Excess Trips 4 shall
be referred to herein collectively as the Excess Trips; and

WHEREAS, the Deficient Segment 1, Deficient Segment 2, Deficient Segment 3, and


Deficient Segment 4 shall be referred to herein collectively as the Deficient Segments; and

WHEREAS, the Excess Trips will cause the Deficient Segments to operate below adopted
Level of Service standards; therefore, pursuant to Section l 63.3 l 80(5)(h), Florida Statutes, as
amended, Owner has offered to provide County with prop01tionate share mitigation for the Excess
Trips; and

WHEREAS, Owner and County have agreed that the proportionate share payment
necessary to mitigate the impact of the Excess Trips on the Deficient Segments through the current
anticipated Project buildout is one million sixty-eight thousand eight hundred two and 00/100
dollars ($1,068,802.00) (the "PS Payment"); and

WHEREAS, County and Owner desire to set forth ce11ain terms, conditions, and
agreements between them as to the development of the Property into the Project.

NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between Owner and County, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein
by this reference.

Section 2. PS Payment; CEL.

(a) Calculation of PS Payment: The amount of the PS Payment for the Deficient
Segments, as described in Exhibit "C", totals one million sixty-eight thousand eight hundred two
and 00/100 dollars ($1,068,802.00). This PS Payment was calculated in accordance with the
methodology outlined in Section 163.3180, Florida Statutes. Owner and County agree that the
Excess Trips will constitute the Project's impact on the aforementioned Deficient Segments based
upon (i) Owner's Traffic Study titled "THE REGISTRY ON GRASS LAKE" prepared by Traffic
Planning and Design, Inc., dated September 2022 for Brossier, Corp. (the "Traffic Study"), which
is incorporated herein by this reference, and (ii) upon the calculations described in Exhibit "C".
The Traffic Study was accepted by the Orange County Transportation Planning Division on

441
Page 2 or 15 441
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

October 17, 2022 and is on file and available for inspection with that division (CMS #2022072).
Owner and County further acknowledge and agree that the PS Payment as set forth above shall be
the final and binding calculation of the amount the Owner is required to pay through the buildout
of the currently approved Project as proportionate share mitigation for impacts of the Project upon
roadways within Orange County's jurisdiction, notwithstanding any subsequent variance in the
actual cost of improvement to the Deficient Segments or actual traffic impacts created by the
Project; provided, however, that if Owner subsequently increases the number of units and/or square
footage, as applicable, of the Project, the Project may then be subject to an additional concurrency
evaluation and proportionate share agreement as set forth in Section 2(d) below. Owner and
County further acknowledge and agree that the calculation of, and agreement regarding, the
amount of the PS Payment constitute material inducements for the parties to enter into this
Agreement.

(b) TI'ming of PS Payment, Issuance of CEL. Within ninety (90) days following the
Effective Date, Owner shall deliver a check to County in the amount of one million sixty-eight
thousand eight hundred two and 00/100 dollars ($1,068,802.00.) as the PS Payment. The check
shall be made payable to "Orange County Board of County Commissioners" and shall be delivered
to the Fiscal and Operational Support Division of the Planning, Environmental, and Development
Services Department. Within twenty-one (21) days following its receipt of the PS Payment, if the
Property's future land use designation and zoning are consistent with the Project's proposed
development, County shall issue a CEL sufficient to encumber traffic capacity for the Project,
irrespective of any actual traffic deficiency on the Deficient Segments. Within the time frame
provided in the CEL, the Owner must reserve the encumbered trips by obtaining a Capacity
Reservation Certificate as provided in Section 30-591 of the Orange County Code, as may be
amended. An amount equal to the PS Payment shall be applied toward the amount of the initial
capacity reservation payment (and any subsequent reservation payment(s), if the initial reservation
payment does not exceed the amount of the PS Payment) as further set forth in Section 3 below.
In the event Owner has not paid the PS Payment within ninety (90) clays of the Effective Date, one
extension of ninety (90) days may be granted by the manager of County's Transportation Planning
Division. In the event Owner has not paid the PS Payment to County within one hundred eighty
(180) days after the Effective Date, this Agreement shall become null and void.

(c) Project Development. Recordation of a subdivision plat or approval of a


commercial site plan for the Project shall not be permitted prior to the issuance of a Capacity
Reservation Certificate as contemplated in subparagraph 2(b) above.

(d) Increase in Project Trips. Any change to the Project which increases the unit count
and/or square footage, as applicable, may result in an increase in trips on the Deficient Segments
or other segments within the transportation impact area, as defined by County. Owner understands
and agrees that any such additional trips are neither vested nor otherwise permitted under this
Agreement, and that Owner is precluded from asserting any such vesting. In addition, Owner
understands and agrees that any such changes resulting in an increase in trips may cause this
Agreement to become null and void, and/or may require application for and execution of an
additional Proportionate Share Agreement, along with any other required documentation, for the
number of increased trips.

442
Page 3 of 15 442
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

(e) Satisfaction of Transportation Improvement Requirements. County hereby


acknowledges and agrees that upon Owner's payment of the PS Payment as required herein, and
absent any change in the Project increasing the number of trips as set forth in subparagraph 2(d)
above, Owner shall be deemed to have satisfied all requirements for the mitigation of the traffic
impacts of the Project on all roads affected by the Project within County's jurisdiction through
buildout of the Project. Owner shall be entitled to fully and completely develop the Project, without
regard to whether the improvements to the Deficient Segments are actually constructed; provided,
however, Owner shall be required to obtain a Capacity Reservation Certificate prior to the
expiration of Owner's Capacity Encumbrance Letter and shall be required to maintain the validity
of the Capacity Reservation Certificate in accordance with its terms. Additionally, nothing herein
shall be construed to exempt Owner from meeting the requirements of all other applicable laws,
regulations, and/or Orange County Code provisions or from making the required payment of
transpo1tation impact fees applicable to the Project, subject to credits as set forth in Section 3
below.

Section 3. Transportation Impact Fee Credits. County and Owner agree that Owner
shall be entitled to receive transportation impact fee credits, applicable only toward development
of the Project on the Prope1ty, on a dollar-for-dollar basis in an amount up to but not exceeding the
PS Payment in accordance with Section 163 .3180, Florida Statutes, and as specifically described
in Exhibit "C". County further agrees that such credits may be applied on a dollar-for-dollar basis
against capacity reservation fees at such time as capacity reservation fees may be required to be
paid by Owner in connection with the issuance of a Capacity Reservation Certificate as
contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS
Payment and in the event the PS Payment exceeds either the applicable transpo1tation impact fees
or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund for the
amount of the PS Payment in excess of such transportation impact fees or capacity reservation
fees.

Section 4. No Refund. The PS Payment (including any capacity reservation fees paid
with the PS Payment) is non-refundable and cannot be transferred or applied to another project or
property.

Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the
address set forth opposite the party 's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:

443
Page 4 of 15 443
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for A val on Road and US 192, 2023

As to Owner: Grass Lake FL, LP.


c/o Alex Olson
448 Viking Drive Suite 220
Virginia Beach, Virginia 23452

With copy to: Brassier, Corp.


Robe1t Reese
952 Moss Lane
Winter Park, Florida 32789

As to County: Orange County Administrator


P. 0. Box 1393
Orlando, Florida 32802-1393

With copy to: Orange County


Planning, Environmental, and Development Services Department
Manager, Fiscal and Operational Support Division
20 I South Rosalind A venue, 2 nd Floor
Orlando, Florida 3280 I

Orange County
Planning, Environmental, and Development Services Depa11ment
Manager, Transportation Planning Division
4200 South John Young Parkway, 2nd Floor
Orlando, Florida 32839

Orange County
Planning, Environmental, and Development Services Department
Manager, Planning Division
20 I South Rosalind Avenue, 2nd Floor
Orlando, Florida 32801

Section 6; Covenants Running with the Property. This Agreement shall be binding
and shall inure to the benefit and burden of the heirs, legal representatives, successors, and assigns
of the parties, and shall be a covenant running with the Property and be binding upon the successors
and assigns of the Owner and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.

Section 7. Recordation of Agreement. Owner shall record an original of this


Agreement in the Public Records of Orange County, Florida, at no expense to County, not later
than thirty (30) days after the Effective Date.

Section 8. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code.

Page 5 of 15
444
444
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

Section 9. Specific Performance. County and Owner shall each have the right to
enforce the terms and conditions of this Agreement only by an action for specific performance.
Venue for any action(s) initiated under or in connection with this Agreement shall lie in the Circuit
Court of the Ninth Judicial Circuit in and for Orange County, Florida. With the exception of the
timing of the PS Payment as set forth in Section 2(b) hereof, the parties acknowledge and agree
that no party shall be considered in default for failure to perform under this Agreement until such
party has received written notice, in accordance with Section 5, specifying the nature of such
default or failure to perform and said party fails to cure said default or fails to perform within thirty
(30) days of receipt of written notice

Section 10. Attorney Fees. In the event either party hereto brings an action or
proceeding including any counterclaim, cross-claim, or third-party claim, against the other party
arising out of this Agreement, each party in such action or proceeding, including appeals therefrom,
shall be responsible for its own attorney and legal fees.

Section 11. Construction of Agreement; Severability. Captions of the Sections and


Subsections of this Agreement are for convenience and reference only; any words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,
or meaning of the provisions of this Agreement. If any provision of this Agreement, the deletion
of which would not adversely affect the receipt of any material benefits by any party hereunder or
substantially increase the burden of any party hereunder, shall be held to be invalid or
unenforceable to any extent by a comt of competent jurisdiction, the same shall not affect in any
respect whatsoever the validity or enforceability of the remainder of this Agreement.

Section 12. Amendments. No amendment, modification, or other change(s) to this


Agreement shall be binding upon the parties unless in writing and formally executed by all of the
parties.

Section 13. Termination. In the event either (i) Owner has not paid the PS Payment to
County within one hundred eighty (180) days after the Effective Date, as contemplated in
Subsection 2(b), or (ii) Owner has timely paid the PS Payment to County and the Project has been
constructed on the Property pursuant to a County building permit, this Agreement shall
automatically terminate and thereafter be null and void for all purposes.

Section 14. Counterparts . This Agreement may be executed in up to two (2)


counterparts, each of which shall be deemed to be an original and both of which together shall
constitute one and the same instrument.

[Signatures appear on following pages]

445
Page 6 of 15 445
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by
their respective duly authorized representatives on the dates set forth below.

"COUNTY"

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ __
Jerry L. Demings
Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ _ _~

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ _ __
Deputy Clerk

Print Name:
-----------

446
Page 7 of 15 446
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

WITNESSES: "OWNER"

Grass Lake FL, LP, a Virginia limited


partnership

By: Grass Lake GP, LLC, a Virginia limited


liability company. its General Partner

M•::=--
By: TMPR, LLC. a Virginia limited liability

com an its

By: d-~
Raymon7d L. Gottlieb, Manager TMPR, LLC

Date: _ _J_?._,_/_O~I (.__J.JJ


__:;l..._ _ __ _

STATE o:F: __V_ir=gi_n_ia_ _ _ _ __


COUNTY OF: Virginia Beach

The foregoing instrument was acknowledged before me by means of i;;!/physical presence


or □ online notarization, this _1_ day of T)('(,-el'h6..( , 20JJ.., by _ _ __ _ __
.::::::::::::~,:li.--:::::============::--Y£ Raymond L. Gottlieb, Manager ofTMPR, LLC, a Virginia limited
liability company, as Manager of Grass Lake GP, LLC, a Virginia limited liability company, as General
Partner of Grass Lake FL., LP, a Virginia limited partnership on behalf of said limited pa1tnership, who ~/
is personally known to me or □ has produced _ __ _ _ __ _ _ _ _ __ as
identification.

WITNESS my hand and official seal in the County and State last aforesaid this _ ! _ day
of D.eceyY\6¥ , 202Jl

(Notary Stamp) {~J:L a 2


_ 2~
Sign~~re of Notary' Public
Print Name: Cynthia G. Shank
Cynthia G. Shank Notary Public, State of: __V_i-rg_
= in_ia_ _ _ _ _ __
Notary Public
REG. # 213972 Commission Expires: _ __1_01_3 112 _ _0_24_ _ _ __ _
Commonwealth of Virginia
MY COMMISSION EXPIRES OCTOBER 31, 2024

447
Page 8 of 15 447
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

Exhibit "A"

"THE REGISTRY ON GRASS LAKE"

Project Location Map

.-,' ..

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LIi/ i ..
W.iw.1
iquicblh1i3 O-i<1~by
· Tru•l f::111 Go1•~i, f. r Pro perll.,·tl l <:
/ulv ._.,thu' 11,
~;u,;~. t•1t
fl<lktlo11l1lh ~

448
Page 9 of 15 448
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

Exhibit "B"

"THE REGISTRY ON GRASS LAKE"

Parcel ID Numbers: 31-24-27-0000-00-020 and 31-24-27-0000-00-007


(Page 1 of2)

Legal Description:
P-.ucel 1:

The NW 1/4 ofthe SE 1/4, Section 3 t. Township 24 South, Range 27 East, Oran_ge County, Florida, lying
West of State Road No. S-545, LESS AND EXCEPT: The North 100.00 feet and LESS a strip of land in
the Southeast comer measuring 315 .00 feet North and South on the Westside, and the North linemeasuring
47.51 feet East and West, the South line measuring 49.58 feet East and We.~t; and further LESS AND
EXCEPT the following land:

Thal part of the Southeast l/4 of Section 3 I, Township 24 South, Range 27 East, Orange County, Florid.a,
being described as fol lows:

Commence at the Northwest comer of s,1id Southeast 1/4 (Center Section); thence run S00° 12'32"W, along
the West line of said Southeast 1/4, I 00.00 feel ro the South line of the North I 00.00 feet of said Southe:1st
1/4~ thence run N89°50'39"E, along said South line, 567 .78 feet to the Point of Beginning; thence· continue
N89"50'39"E, along said South line 26.66 feet, to the West right of way line of Avalon Road (State Road
No. 545} being a non-tangent curve concave Easterly; thence run Southerly along said curve and Wes! right
of way line, having a central angle of 09°25'38'', a radius of 1178.92 feel, an arc length of 193 .97 feet, a
chord bearing of S03°26' 19"E and a chord distance ofl 93. 75 feet; thence run S08"09'08"E, along said West
right of way line, 577.50 feet; thence leaving said right of way line, run Nl I O l4'06"W, 434.60 feet to a
curve concave Easterly; thence run Northerly along said curve having a cent ml angle of 10°30'2 I'", a .radius
of 1860.00 feet, an arc length of341.05 feet, a chord bearing ofN05°58'56"W and a chord distance of
340.58 feet, to the Point of Beginning;

LESS AND EXCEPT that portion of the above described land lying within the boundaries of the lands
described in deeds recorded in Official Records Book 3518, Page 2777, Official Records Book 4341, Pag,e
2507, Official Records Book 4385, Page 1806, Official Records Book 5296, Page 3098, Official Records
Book 5655, Page 2982, Official Re1.:ords Book 5655, Page 2984, Ofiicial Records Book 5655, Page 2986,
Official Records Book 5655, Page 2988, of the Public Records ofOrangc County, Florida.

The above described parcels of land being more particularly described w; follows:

That part of the Southeast 1/4 of Section 31, Township 24 South, Range 27 East, Orange County, Florida,
being described as follows:

Begin at the Northwest comer of said Southeast 1/4 (Center Station); thence nm N89°50'39"E along the
North line of the said Southeast l/4, 600.56 feet to the \Vest right of way line of County 545 being non-
tnngenl curve concave to the East; thence run Southwesterly along said curve having a central angle of
04°52'21 ", a radius of 1178.92 feet, an arc length of 100.26 feet, a chord bearing of S03°42'40"W and a
chord distance of I 00.23 feet to the South Ii ne of ihe North I 00.00 feet of aforesaid Southeast 1/4; thence
departing said right of way line run S89°50'39"W along said South line. 26.66 feet to a non-tangent curve
concave to the East; thence nm Southerly along said curvehaving a central angle of I 0°30'21 ", a radius of
1860.00 feet, an arc length of34 I.OS feet , a chord bearing of S5°58'5 6"E a nd a chord distance of 340. 58
feet; thence run Sl I O 14'06"E, 434.60 foct to the West right of way line of aforesaid County Road 545;
thence run S08<>()9'08"E along said West right of way line, 146.86 fct:t lo the North line ofthe South 3 15.00
feet of the Southeast ¼ of the Northwest l/4 of the Southeast 1/4 of aforesaid Section 31; thence run
S89"52'33"\V along said North line, 50.61 feet to the West line of the lands described in deeds recorded in
OtTscial Records Book 35 I 8, Page 2777, Official Records nook 4341, Page 2507, OHicial Records Book
4385, Page 1806, Ofticinl Records Book 5296, Page 3098, Official Records Book 5655, Page 2982, Official
Records Book 5655, Page 2984, Official Records Book 5655, Page 2986, Official Records nook 5655,

449
Page lOoflS 449
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

(Page 2 of 2)

Page 2988, of the Public Hccord~. of Orange County, FloriJa; thence run S00"l 5'02"\V along saiJ Wcsl
line, 3 IS.00 feel lo the Soulh tine of the Northwest 1/4 of the Southeast 1/.l of saiJ Section 31; 1hcnc~: nm
S89"52'33"\V ~1lo11g. said South line, 661.25 foci tu the West line of1hc Southca...,t 1/4 of said Scclion 31 ;
thence nm NOOO l2'32''E along said W~t line, 1325.38 feet to the l'oint of&:ginning; LESS AND E.XCEPT
the NL,rlh 100 fol!t lhcrcof.

The Nor!h 100 foci oftlw following described property: All thal part oft he NW 1/4 of SE l/4 ofScctio11
JI, Township 24 South, R:ingc 27 East, lying West ofShltc Ro11d Number 545, Orange County, Horida.

LESS AND EXCEPT:

Th,11 part oflhc South,:.ist l /4 of Section 31, ·rownship 24 South, Range 27 E11s1, Orange County, Florida,
bc:-,ing described ,ls fol lows:

Commence :it thc:i Northwest l!orncr of said Southcasl 1/4 (Ccn1cr Scc(ion); tlwncc run S00° l 21J2'1 W, :1lo,1g
lhc West lint: of said So11thi:!asl 1/4, l 00.00 fol!I to the Sottlh Iinc oflhl! Norlh 100.00 feet of said Soulhc,1$(
l /4; thcncl~ ruo N8(.)'>S0'39"E, alm,g said Suulh line, 567.78 foi.!I, 1.o the Point of Ocginning; thence conlinue
N89°50'J9"E, aklllg siiid South line, 26.66 feel, to lhc West right of way line of AvakHJ Ro:1d (County Road
No. 545) being ,l m)1Hangc1H curve Clinc:1vc Easterly; thence run Nonhcrly ,!long s:1id curve having a
centrnl 1111glc of 04°52'21 ", a radius of 1178.92 fci.!1, an on; lcnglh uf I 00.26 fo.c.1, ,l chord bearing of
N0J 0 42'40"E and :1 chord distance of I 00.2'3 feel, to the North line of the Southeast 1/4 of said Sec lion 31;
lhc.:ncc run S89°5(YJ9 1'W, alorig said North line, 31. 73 feet to a non•Umgcnl curve concave Easlcrly, thence
nlll Southerly ,lklug said curve having a ccnlr11l angk of 03 °04'5 2", a radius of 1860.00 fcc.t, an arc length
of I 00.03 foci, a chorJ bl~ariug uf S00°48'4l "W a,,tl a chord distm11.:c of l 00.0 I fret, lo the Point of
Beginning.

450
Page 11 of 15 450
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

Exhibit "C"

"THE REGISTRY ON GRASS LAKE"

DEFICIENT SEGMENT 1

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451
Page 12 ofl5 451
Log of Project Contributions
Avalon Rd {Hartzog Rd to Western Way)

Roadway_lniprovemern:eroject,lriformation
Existillo ~oved
PIJOned i-:v.,.,...,,.,,t S,gne,,t ~!led Ti'Pf of Geneuliud CJp.acity
Ro:id,orlsi Limits cHraOW<rE!'J iFr<>m - fol I Ler,gCl, A<lop(ed LOS c.p.ci!y ~-t CJpJdty Iner•- Tocll Pr<ljet! Cost Cost/Trip
v.~m2u.
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N 452
Proportionate Share Agreement, The Registry on Grass Lake
Grass Lake FL, LP for Avalon Road and US 192, 2023

Exhibit "C"

"THE REGISTRY ON GRASS LAKE"

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Page 14 of IS 453
Log of Project ContribuUons
US 192 (Lake County line to Osceola County Une)

Roadway lmprovementProjectJnformation
Ex.~ti:,g r,,p-ovtd
?I. not<! mp,ov..,..nt Stgm,M Gtnffiliud T)90o! Gtntr.ilizN! ~ily
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~ Trips s~

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454
I. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES
DEPARTMENT

O~E Interoffice Memoranc


8

C~Y
GOVERNMENT
FLOR I DA

December 14, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Jon V. Weiss, P.E., Chairma~


Roadway Agreement Committ

SUBJECT: January 24, 2023 - Consent lte ·


Proportionate Share Agreement for Buena Vista Park PD
Winter Garden-Vineland Road

The Roadway Agreement Committee has reviewed a Proportionate Share Agreement


for Buena Vista Park PD Winter Garden-Vineland Road ("Agreement") by and between
LBV Orlando Hospitality, LLC and Orange County tor a proportionate share payment in
the amount of $229,466. Pursuant to Section 163.3180(5)(h), Florida Statutes, an
applicant may mitigate capacity deficiencies by entering into a proportionate share
agreement and contributing a proportionate share payment. The proportionate share
payment is due within 90 days of the effective date of this Agreement.

The Agreement follows the recommendation of the Roadway Agreement Committee


providing for the mitigation of road impacts for four deficient trips on the road segments
of Winter Garden-Vineland Road from Apopka Vineland Road to Buena Vista Drive in
the amount of $40,619 per trip and 11 deficient trips on the road segments of Winter
Garden-Vineland Road from 1-4 to Apopka Vineland Road in the amount of $6,090 per
trip.

The Roadway Agreement Committee recommended approval on December 14, 2022.


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.

ACTION REQUESTED: Approval and execution of Proportionate Share


Agreement for Buena Vista Park PD Winter Garden-
Vine,land Road by and between LBV Orlando Hospitality,
LLC and Orange County for a proportionate share
payment in the amount of $229,466. District 1

JVW/NC/js
Attachment

455
455
This instrument prepared by
and after recording return to:

Jonathan P. Huels, Esq.


Lowndes, Drosdick, Doster, Kantor & Reed, P.A
P. 0. Box 2809
Orlando, FL 32802-2809

Parcel ID Number(s): 15-24-28-1081-04-000

---------------------------··--·--·-···---[SPACE ABOVE THIS LINE FOR RECORDING DATA]----------------------------------------

PROPORTIONATE SHARE AGREEMENT FOR


BUENA VISTA PARK PD

WINTER GARDEN-VINELAND ROAD

This Proportionate Share Agreement (the "Agreement"), effective as of the latest date of
execution (the "Effective Date"), is made and entered into by and between LBV ORLANDO
HOSPITALITY, LLC, a Delaware limited liability company ("Owner"), whose principal place of
business is 7614 Clementine Way, Orlando, Florida 32819 and ORANGE COUNTY, a charter
county and political subdivision of the State of Florida ("County"), whose address is P .0. Box
1393, Orlando, Florida 32802-1393.

WHEREAS, Owner holds fee simple title to certain real property, as generally depicted on
Exhibit "A" and more particularly described on Exhibit "B", both of which exhibits are attached
hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Property is located in County Commission District 1 and the proceeds of
the PS Payment, as defined herein, will be allocated to Winter Garden-Vineland Road; and

WHEREAS, Owner intends to develop the Property as a One Hundred Thirteen (113) unit
hotel, referred to and known as Buena Vista Park PD (the "Project"); and

WHEREAS, Owner received a letter from County dated November 4, 2022, stating that
Owner's Capacity Encumbrance Letter ("CEL") application #CEL-22-08-085 for the Project was
denied; and

WHEREAS, the Project will generate four (4) deficient PM Peak Hour trip(s) (the "Excess
Trip(s) 1") for the deficient roadway segment on Winter Garden-Vineland Road from Apopka-
Vineland Road to Buena Vista Drive (the "Deficient Segment l "), and zero (0) PM Peak Hour
trips were available on Deficient Segment I on the date the CEL was denied, as further described
in Exhibit "C"; and

456
456
0272350\ 1940861 l2446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

WHEREAS, the Project will generate eleven (11) deficient PM Peak Hour trip(s) (the
"Excess Trip(s) 2") for the deficient roadway segment on Winter Garden-Vineland Road from
Interstate 4 to Apopka-Vineland Road (the "Deficient Segment 2"), and zero (0) PM Peak Hour
trips were available on Deficient Segment 2 on the date the CEL was denied, as further described
in Exhibit "C"; and

WHEREAS the Excess Trip(s) 1 and Excess Trip(s) 2 shall be referred to herein
collectively as the Excess Trips; and

WHEREAS, the Deficient Segment 1 and Deficient Segment 2 shall be referred to herein
collectively as the Deficient Segments; and

WHEREAS, the Excess Trips will cause the Deficient Segments to operate below adopted
Level of Service standards; therefore, pursuant to Section 163.3180(5)(h), Florida Statutes, as
amended, Owner has offered to provide County with proportionate share mitigation for the Excess
Trips; and

WHEREAS, Owner and County have agreed that the proportionate share payment
necessary to mitigate the impact of the Excess Trips on the Deficient Segments through the current
anticipated Project buildout is Two Hundred Twenty-Nine Thousand Four Hundred Sixty-Six and
00/100 Dollars ($229,466.00) (the "PS Payment"); and

WHEREAS, County and Owner desire to set forth certain terms, conditions, and
agreements between them as to the development of the Property into the Project.

NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration exchanged by and between Owner and County, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein
by this reference.

Section 2. PS Payment; CEL.

(a) Calculation of PS Payment: The amount of the PS Payment for the Deficient
Segments, as described in Exhibit "C", totals Two Hundred Twenty-Nine Thousand Four Hundred
Sixty-Six and 00/100 Dollars ($229,466.00). This PS Payment was calculated in accordance with
the methodology outlined in Section 163 .3180, Florida Statutes. Owner and County agree that the
Excess Trips will constitute the Project's impact on the aforementioned Deficient Segments based
upon (i) Owner's Traffic Study titled "TRU by Hilton Concurrency" prepared by Kittelson &
Associates, dated August 9, 2022 for LBV Orlando Hospitality, LLC (the "Traffic Study"), which
is incorporated herein by this reference, and (ii) upon the calculations described in Exhibit "C".
The Traffic Study was accepted by the Orange County Transportation Planning Division on
October 14, 2022, and is on file and available for inspection with that division (CMS #2022085).
Owner and County further acknowledge and agree that the PS Payment as set forth above shall be
the final and binding calculation of the amount the Owner is required to pay through the buildout
of the currently approved Project as proportionate share mitigation for impacts of the Project upon

457
Page 2 of 12 457
0272350\194086\12446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

roadways within Orange County's jurisdiction, notwithstanding any subsequent variance in the
actual cost of improvement to the Deficient Segments or actual traffic impacts created by the
Project; provided, however, that if Owner subsequently increases the number of units and/or square
footage, as applicable, of the Project, the Project may then be subject to an additional concurrency
evaluation and propo1tionate share agreement as set forth in Section 2(d) below. Owner and
County fmther acknowledge and agree that the calculation of, and agreement regarding, the
amount of the PS Payment constitute material inducements for the parties to enter into this
Agreement.

(b) Timing of PS Payment, Issuance of CEL. Within ninety (90) days following the
Effective Date, Owner shall deliver a check to County in the amount of Two Hundred Twenty-
Nine Thousand Four Hundred Sixty-Six and 00/100 Dollars ($229,466.00) as the PS Payment.
The check shall be made payable to "Orange County Board of County Commissioners" and shall
be delivered to the Fiscal and Operational Support Division of the Planning, Environmental, and
Development Services Department. Within twenty-one (21) days following its receipt of the PS
Payment, if the Property's future land use designation and zoning are consistent with the Project's
proposed development, County shall issue a CEL sufficient to encumber traffic capacity for the
Project, irrespective of any actual traffic deficiency on the Deficient Segments. Within the time
frame provided in the CEL, the Owner must reserve the encumbered trips by obtaining a Capacity
Reservation Certificate as provided in Section 30-591 of the Orange County Code, as may be
amended. An amount equal to the PS Payment shall be applied toward the amount of the initial
capacity reservation payment (and any subsequent reservation payment(s), if the initial reservation
payment does not exceed the amount of the PS Payment) as further set forth in Section 3 below.
In the event Owner has not paid the PS Payment within ninety (90) days of the Effective Date, one
extension of ninety (90) days may be granted by the manager of County's Transportation Planning
Division. In the event Owner has not paid the PS Payment to County within one hundred eighty
(180) days after the Effective Date, this Agreement shall become null and void.

(c) Project Development. Recordation of a subdivision plat or approval of a


commercial site plan for the Project shall not be permitted prior to the issuance of a Capacity
Reservation Certificate as contemplated in subparagraph 2(b) above.

(d) Increase in Project Trips. Any change to the Project which increases the unit count
and/or square footage, as applicable, may result in an increase in trips on the Deficient Segments
or other segments within the transp01tation impact area, as defined by County. Owner understands
and agrees that any such additional trips are neither vested nor otherwise permitted under this
Agreement, and that Owner is precluded from asserting any such vesting. In addition, Owner
understands and agrees that any such changes resulting in an increase in trips may cause this
Agreement to become null and void, and/or may require application for and execution of an
additional Proportionate Share Agreement, along with any other required documentation, for the
number of increased trips.

(e) Satisfaction of Transportation Improvement Requirements. County hereby


acknowledges and agrees that upon Owner's payment of the PS Payment as required herein, and
absent any change in the Project increasing the number of trips as set forth in subparagraph 2(d)
above, Owner shall be deemed to have satisfied all requirements for the mitigation of the traffic

458
Page 3 of 12
458
0272350\ l 94086\l 2446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

impacts of the Project on all roads affected by the Project within County's jurisdiction through
buildout ofthe Project. Owner shall be entitled to fully and completely develop the Project, without
regard to whether the improvements to the Deficient Segments are actually constructed; provided,
however, Owner shall be required to obtain a Capacity Reservation Certificate prior to the
expiration of Owner's Capacity Encumbrance Letter and shall be required to maintain the validity
of the Capacity Reservation Certificate in accordance with its terms. Additionally, nothing herein
shall be construed to exempt Owner from meeting the requirements of all other applicable laws,
regulations, and/or Orange County Code provisions or from making the required payment of
transportation impact fees applicable to the Project, subject to credits as set forth in Section 3
below.

Section 3. Transportation Impact Fee Credits. County and Owner agree that Owner
shall be entitled to receive transportation impact fee credits, applicable only toward development
of the Project on the Property, on a dollar-for-dollar basis in an amount up to but not exceeding the
PS Payment in accordance with Section 163.3180, Florida Statutes, and as specifically described
in Exhibit "C". County further agrees that such credits may be applied on a dollar-for-dollar basis
against capacity reservation fees at such time as capacity reservation fees may be required to be
paid by Owner in connection with the issuance of a Capacity Reservation Certificate as
contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS
Payment and in the event the PS Payment exceeds either the applicable transportation impact fees
or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund for the
amount of the PS Payment in excess of such transportation impact fees or capacity reservation
fees.

Section 4. No Refund. The PS Payment (including any capacity reservation fees paid
with the PS Payment) is non-refundable and cannot be transferred or applied to another project or
property.

Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, ce1tified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:

As to Owner: LBV Orlando Hospitality, LLC


7614 Clementine Way
Orlando, Florida 32819
Attn: Dheeraj Reddy

459
Page 4 of 12 459
0272350\194086\12446226v2
Propo1iionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

With copy to: Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Dr.
Orlando, Florida 32801
Attn: Jonathan P. Huels, Esq.

As to County: Orange County Administrator


P. 0. Box 1393
Orlando, Florida 32802-1393

With copy to: Orange County


Planning, Environmental, and Development Services Department
Manager, Fiscal and Operational Support Division
201 South Rosalind A venue, 2nd Floor
Orlando, Florida 32801

Orange County
Planning, Environmental, and Development Services Department
Manager, Transportation Planning Division
4200 South John Young Parkway, 2nd Floor
Orlando, Florida 32839

Orange County
Planning, Environmental, and Development Services Department
Manager, Planning Division
201 South Rosalind A venue, 2nd Floor
Orlando, Florida 32801

Section 6. Covenants Running with the Property. This Agreement shall be binding
and shall inure to the benefit and bmden of the heirs, legal representatives, successors, and assigns
of the parties, and shall be a covenant running with the Property and be binding upon the successors
and assigns of the Owner and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.

Section 7. Reconlation of Agreement. Owner shall record an original of this


Agreement in the Public Records of Orange County, Florida, at no expense to County, not later
than thirly (30) days after the Effective Date.

Section 8. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code.

Section 9. Specific Performance. County and Owner shall each have the right to
enforce the terms and conditions of this Agreement only by an action for specific performance.
Venue for any action(s) initiated under or in connection with this Agreement shall lie in the Circuit
Court of the Ninth Judicial Circuit in and for Orange County, Florida. With the exception of the
timing of the PS Payment as set forth in Section 2(b) hereof, the pa1iies acknowledge and agree

460
Page 5 of 12
460
0272350\J 94086\ l 2446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality , LLC for Winter Garden-Vineland Road, 2023

that no party shall be considered in default for failure to perform under this Agreement until such
party has received written notice, in accordance with Section 5, specifying the nature of such
default or failure to perform and said party fails to cure said default or fails to perform within thirty
(30) days ofreceipt of written notice

Section 10. Attorney Fees.


In the event either party hereto brings an action or
proceeding including any counterclaim, cross-claim, or third-party claim, against the other party
arising out ofthis Agreement, each party in such action or proceeding, including appeals therefrom,
shall be responsible for its own attorney and legal fees.

Section 11. Construction of Agreement; Severability. Captions of the Sections and


Subsections of this Agreement are for convenience and reference only; any words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,
or meaning of the provisions of this Agreement. If any provision of this Agreement, the deletion
of which would not adversely affect the receipt of any material benefits by any party hereunder or
substantially increase the burden of any party hereunder, shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect whatsoever the validity or enforceability of the remainder of this Agreement.

Section 12. Amendments. No amendment, modification, or other change(s) to this


Agreement shall be binding upon the parties unless in writing and formally executed by all of the
parties.

Section 13. Termination. In the event either (i) Owner has not paid the PS Payment to
County within one hundred eighty (180) days after the Effective Date, as contemplated in
Subsection 2(b ), or (ii) Owner has timely paid the PS Payment to County and the Project has been
constructed on the Property pursuant to a County building permit, this Agreement shall
automatically terminate and thereafter be null and void for all purposes.

Section 14. Counte1parts. This Agreement may be executed in up to two (2)


counterparts, each of which shall be deemed to be an original and both of which together shall
constitute one and the same instrument.

[Signatures appear on following pages]

461
Page 6 of l2
461
0272350\194086\ 12446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by
their respective duly authorized representatives on the dates set forth below.

"COUNTY"

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ _ _ _ __
Jerry L. Demings
Orange County Mayor

Date: _ _ _ _ _ _ _ _ _ _ _ __ _

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:-- - -- - - - - -- -- - - -
Deputy Clerk

Print Name: - - - -- - -- -- -

462
Page 7 of 12
462
0272350\1 94086\ 12446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

"OWNER"

LBV ORLANDO HOSPITALITY, LLC, a


Delaware limited liability company

\.91>
By: _ _ __ l - --~
- ~ - - - - --

Title: 1\,1\Vi(l..

Date: _ _\_"V.....\_,)~
i._.\1________
1..- _

STATE OF: --~;---'--'_ _ __ £-/'~~~~


COUNTY OF: ('v\:.,:,,._)__;~--c'V\

The foregoing instrm~~t-was acknowledged before me by means of ~ r e s e n c e or


online notarization, this __ll}day of l)_e C..~, 20 --:2. ~by Dheeraj Reddy , as Manager ofLBV

Or o..Ho.sp_~bI:;e;--a_.Delaware limited liability company on behalf of such company , who El_.,is~---
personally known t o - , 0 has produced _ _ __ _ _ _ _ _ _ _ _ as identification.

of
WITNESS my hand and official seal in the County and State last aforesaid this \
'l)e Ca _k,-4 , 20.1:.L
J _raa;-

(Notary Stamp)
~ -----.:=
Signature of Notary Public . fv -r. (-1 I)
Print Name: .0 /t- i,,J , S ~
..--~,F_;,,::~i;;;,. DAWN M. TOTTEL
.\'/' 4 'T,\ Commission# GG 922722
W;:~.;.f Expires February 13, 2024
,,eo,.,~. 8 d
...... ,,.,, on ed Thru Troy ~ain Insurance 800-385-70lg
Notary Public, State of:
Commission Expires: rf '.,-j;--e .,.
' .,e
,>-....).:__ ~

I
/3/ 2.__,.. 1-..._(

463
463
Page 8 of 12
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

Exhibit "A"

"Buena Vista Park PD"

Project Location Map

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464
Page 9 of 12 464
0272350\l94086\! 2446226v2
Proportionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

Exhibit "B"
"Buena Vista Park PD"

Parcel ID: 15-24-28-1081-04-000

Legal Description:

Lot 4, l3UENA VISTA PARK, according to the Plat !hereofrec-0rcled in Pl.it Book 62, page 120, of the Public
Re.cords of Orange County, Florida.

Properly Address: 11970 Ravallo Jlcsott D1'i-vc


Orhu\do, FL 32836

Folio Number:

465
Page 10 of 12 465
02723 50\194086\ l 2446226v2
Propo1tionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

Exhibit "C"

"Buena Vista Park PD"

DEFICIENT SEGMENT [1]

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0272350\194086\12446226v2
Propo1tionate Share Agreement, Buena Vista Park PD
LBV Orlando Hospitality, LLC for Winter Garden-Vineland Road, 2023

"Buena Vista Par k PD"

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Page 12 of 12
467 467
02723 50\l 94086\12446226v2
1. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND
DEVELOPMENT SERVICES

01 ,- E
DEPARTMENT
Interoffice Memorandum 9

C ~~TY
GOVERNMENT
F LOR I D A

January 3, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Jon V. Weiss, P.E, Chairma11r'


Roadway Agreement · \
Committee J
SUBJECT: January 24, 2023-Consent Item
Second Amendment to Right-of-Way Agreement Avalon
Groves PD-South Parcel
C.R. 545 (Avalon Road)

The Roadway Agreement Committee has reviewed a Second Amendment to Right-


of-Way Agreement Avalon Groves PD - South Parcel C.R. 545 (Avalon Road)
("Second Amendment") by and between Prose Horizons West Venture, LP and
Orange County to amend the terms of the Right of Way Agreement Avalon Groves
PD - South Parcel ("Agreement") approved by the Board on December 14, 2021 ,
and recorded as Document #2022001309, as amended. The Second Amendment
extends the timeframe in Section 2(a) of the Agreement to provide for the
conveyance of right-of-way within 120-days of the effective date of the Second
Amendment, with the opportunity for additional 120-day extensions to be granted by
the Manager of the Real Estate Management Division.

The Roadway Agreement Committee recommended approval on December 14,


2022. 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.

ACTION REQUESTED: Approval and execution of Second Amendment to Right-of-


Way Agreement Avalon Groves PD-South Parcel C.R. 545
(Avalon Road) by and between Prose Horizons West
Venture, LP and Orange County to extend the time frame
for conveyance of right-of-way. District 1

JVW/NC/js
Attachment

468
468
Prepared by and after recording retum to:
M. Rebecca Wilson
Lowndes Law Firm
215 N. EolaDrive
Orlando, FL 32801

Tax Parcel I.D. No.: 31-24-27-0000-00-0!6

SECOND AMENDMENT TO
RIGHT-OF-WAY AGREEMENT

AYALON GROVES PD-SOUTH PARCEL

C.R. 545 (AVALON ROAD)

This Second Amendment to Right-of-Way Agreement (the "Second Amendment'),

effective as of the latest date of execution ("Effective Date"), is made and entered into by and

between Prose Horizons West Venture, LP, a Delaware limited partnership ("Owner"), whose

mailing address is 7135 East Camelback Road, Suite 360, Scottsdale, Arizona 85251 and Orange

County, a charter county and political subdivision of the state of Florida ("County"), whose

mailing address is c/o Orange County Administrator, Post Office Box 1393, Orlando, Florida

32802-1393.

WITNESSETH:

WHEREAS, Owner is the fee simple owner of certain real property, as shown in the project

location map identified as Exhibit "A", and as more particularly described on "Exhibit B" (legal

description and sketch of description), both of which are attached hereto and incorporated herein

by this reference (the "Property"); and

WHEREAS, Hartzog Road Property, LLC, Owner's predecessor in interest to the Property,

entered into that certain Right-of-way Agreement approved by the Orange County Board of

469
469
Second Amendment to Right-of-way Agreement, Avalon Groves PD- South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 2 of 15

County Commissioners ("BCC") on December 14, 2021, and recorded on January 6, 2022, as

Instrument Number 2022001309 l of the Public Records of Orange County, Florida (the

"Agreement"); and

WHEREAS, Owner and County entered into that certain First Amendment to Right-of-

Way Agreement approved by the Orange County BCC on April 5, 2022 and recorded on April 13,

2022 as Instrument Number 20220240402 of the Public Records of Orange County, Florida (the

"First Amendment"); and

WHEREAS, the First Amendment amended ce1iain terms and provisions within the

Agreement; and

WHEREAS, Owner desires, and County has agreed, to further amend certain terms and

provisions of the Agreement and First Amendment to extend the deadline for Owner to convey

land to County, as set forth below; and

WHEREAS, in all other respects, the original terms of the Agreement and First

Amendment shall remain unchanged and in full force and effect.

NOW, THEREFORE, for and in consideration of the above premises, the mutual covenants

and agreements set forth herein, and other good and valuable consideration, the receipt and

sufficiency of which are hereby acknowledged, Owner and County (the "Parties") agree as

follows:

Section 1. Recitals. The above recitals are true and con-ect and are incorporated herein

by this reference.

Section 2. Conveyance ofLand to County by Owner.

Subsection 2(a) of the Agreement is hereby deleted and replaced with the following:

(a) Conveyed Lands. Within one hundred twenty (120) days after the Effective Date

470
470
Second Amendment to Right-of-way Agreement, Avalon Groves PD -- South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 3 of 15

of this Second Amendment, Owner shall convey to County, by plat dedication or warranty deed,

marketable foe simple title free and clear of all liens and encumbrances, except for easements

acceptable to the County and recorded prior to the Effective Date, if any, to those lands described

in the legal description and sketch of description attached hereto as Exhibit "C" and incorporated

by this reference (the "Conveyed Lands"). In the event the conveyance does not occur within the

aforesaid 120 days, the Manager of the Real Estate Management Division, or a designee, may

grant extensions ofup to 120 days each for the conveyance to take place.

Section 3. Transportation Impact Fee Credits.

Section 3 of the Agreement is hereby deleted and replaced with the following :

Section 3. Transportation Impact Fee Credits. The Owner hereby waives any right, claim or

entitlement to Transportation Impact Fee Credits for contributions of land that might otherwise

have been available to the Owner, his [her, its] heirs, successors or assigns, pursuant to the

County's Transportation Impact Fee Ordinance, Chapter 23, Section 23-95, Orange County Code,

and any amendments thereto, for the conveyance of the Property.

Section 4. Notice. Any notice delivered with respect to this Second Amendment, the

First Amendment, or the Agreement shall be in writing and shall be deemed to be delivered

(whether or not actually received) (i) when hand delivered to the person(s) hereinaft er designated,

or (ii) upon deposit of such notice in the United States mail, postage prepaid, certified mail, return-

receipt requested, addressed to the person at the address set f01ih opposite the party's name below,

or to such other address or to such other person as the party shall have specified by written notice

to the other patiy delivered in accordance herewith.

As to Owner: Prose Horizons West Venture, LP


7135 E. Camelback Road, Suite 360
Scottsdale, Arizona 85251

471
471
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 4 of 15

With a copy to: Alliance Residential Company


222 West Comstock Avenue, Suite 115
Winter Park, Florida 32789

M. Rebecca Wilson
Lowndes Law Firm
215 N. Eola Drive
Orlando, Florida 32801

As to County: Orange County Administrator


P.O. Box 1393
201 S. Rosalind Ave
Orlando, Florida 32802-1393

With a copy to: Orange County Planning, Environmental,


and Development Services Department
Manager, Transportation Planning Division
Orange County Public Works Complex
4200 S. John Young Parkway
Orlando, Florida 32839-9205

Section 5. Covenants Running with the Land. This Second Amendment shall run

with the Property and shall be binding upon and shall inure to the benefit and burden of the parties

and of the heirs, legal representatives, successors, and assigns of Owner and any person, film,

corporation, or other entity that may become the successor in interest to the Prope1ty.

Section 6. Recordation of Second Amendment. An executed original of this Second

Amendment shall be recorded, at Owner's expense, in the Public Records of Orange County,

Florida within thirty (30) days of the Effective Date.

Section 7. Applicable Law. This Second Amendment and the provisions contained

herein shall be construed, controlled, and interpreted according to the laws of the State of Florida.

472
472
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 5 of JS

Section 8. Time is ofthe Essence. Time is hereby declared ofthe essence to the lawful

performance of the duties and obligations contained in this Second Amendment and in the

Agreement.

Section 9. Further Documentation. The parties agree that at any time following a

request therefor by the other party, each shall execute and deliver to the other party such further

documents and instruments reasonably necessary to confirm and/or effectuate the obligations of

either party hereunder and the consummation of the transactions contemplated hereby.

Section 10. Limitation of Remedies. County and Owner expressly agree that the

consideration, in part, for each of them entering into this Second Amendment is the willingness of

the other to limit the remedies for all actions arising out of or in connection with this Second

Amendment. Accordingly, the remedies available to each party shall be as stated in the Agreement.

Section 11. Amendments. No amendment, modification, or other change to this


Second Amendment, the First Amendment, or the Agreement shall be binding upon the parties
unless in writing and executed by all the parties hereto.

Section 12. Counterparts. This Second Amendment may be executed in up to three (3)

counterparts, each of which shall be deemed an original and all of which shall constitute one and

the same instrument.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

473
473
Second Amendment to Right-of-way Agreement, Avalon Groves PD- South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 6 of 15

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be duly

executed by their respective duly authorized representatives on the dates set forth below.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By:
-------------------
Jerry L. Demings,
Orange County Mayor

Date:
- - - - - - - - - - - -- - - - - -

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:
Deputy Clerk

Printed name:
------------

474
474
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 7 of 15

"OWNER"

Prose Horizons West Venture, LP, a Delaware


limited partnership

By: Prose Horizons West Alliance GP, LLC, a


Delaware limited liability company, general partner

By: Prose Horizons West Alliance LLC, a Delaware


limited liability company, its sole member

By:

Print Name: /( 0 {,,., '.,, l


Title:_ __,,_A~,=M~b-~r____ 4 _____

Date:_ r ~1-q..._. . . .,.,.~. .~


......,!'~"'-....... ......, _ _ _ __ _
WITNESSES:

~
Print Name: l:: LLMJt\- Sl I\M'l,\.O'\J J

~
PrintName:Sowah [n-t)er

STATE OF FLORIDA
COUNTY OF ORANGE

The foregoing instrument was acknowledged before me, a Notary Public, by means of ((physical presence
or □ online notarization thisa9'ta.y ofJA.t.~?;" ~ o ~..,ev-\"- C.. AnduSon . member of Prose
Horizons West Alliance, LLC a Delaware limited liability company, sole member of Prose Horizons West Alliance
GP, LLC a Delaware limited liability company, general parh1er of Prose Horizons West Venture, LP, a Delaware
limited partnership, on behalf of said limited partnership, whoJ1s personally known to me or □ has produced (type
of identification) _ _ __ _ _______ _ __ _ as identification.

SUSAN M. MARET Notary Public


Commlialon t HH 176068
Explm September 19, 2025
,c·i kl s;\--
Print Name: L:>v...,S!il,-, f--.--\ · 1....,\0..11!_,
Bonik<I Tlrll DudgolHolaly s.n-lce1

My Commission Expires: &f~- l~ 'o:?.D~ 5

475
475
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 8 of15

Exhibit "A"

Project Location Map

[See attached 1 pageJ

476
476
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 9 of 15

S.iwgrnH. Bays
,'n Legend!
r:::J;2-m1Je Ratllus
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477
477
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page lO of 15

Exhibit "B"

Legal Description

Parcel #1:

The North 112 ofthe Northeast 1/4 of Section 31, Township 24 South, Range 27 East, lying and
being in Orange County, Florida;

T.ESS AND EXCEPT thnt portion thereof North of the clay road known as Hartzog Road and the
paved road known as Avalon Road, State Highway 545;

ALSO LESS AND EXCEPT that portion lying West of State Road 545 as previously conveyed
in Official Records Book 3512, Page 785, Public Records of Orange County, Florida;

ALSO LESS AND EXCEPT any portion of the land conveyed in Official Records Book 5734,
Page 410; Public Records of Orange County, Florida;

ALSO LESS AND EXCEPT any portion of the land conveyed in Official Records Book 6090,
Page 463, Public Records of Orange County, florida.

Parcel #4:

A part of the North 1/2 of the Northeast 1/4 of Section 3 I, Township 24 South, Range 27 East,
(Less that portion thereof North of Hartzog Road and West of Avalon Road), Ornnge County,
Florida; more particularly described as follows:

From the Southeast comer of the North Ii2 of the Northeast 1/4 of said Section 31; nm thence
South 88°55'22" West along the South line of the North 1/2 of the Northeast 1/4 of said Section
31, a distance of 631 .40 foet for a Point of Beginning; continue thence South 88°55'22" West
along said South line a distance of 1038.40 feet to a point on the Easterly right of way line of
Avalon Road (also known as State Roud No. 545) said point being nontangent on a curve
concave Northwesterly, having a radius ofl27l.07 feet; from a chord bearing North 01 °47'47"
East, run thence Northeasterly afong the arc of said curve and along said Easterly rlghl of way
line, through a central angf-e of20°03'34", an arc distance of 445.01 feet to a point of tangency;
thence North 08°14'00" West along said Easterly right of way line, a distance of513.41 feet to
the South right of way linr: of .lfartzog Road; thence South 89°0! '00" East nlong said South right
of way line, a dista11ce of 595.40 feet; thence South 00°59'00" West a distance of 99.32 feet;
thence Soutl1 78°59'50" East a di~tance of 136.10 fret; thence South 11 °00'1 O" West a distance
of 100.00 feet; thence South 78°5 9'50" East a distance of 88 .00 feet; thence South 11 °00' IO"
West a dh,'tance of 230.00 feet; thence South 78°59'50'' East a distance of243.48 foet; thence
South 54°00'23" East a distance of 126.03 feet; thence South OI"04'38" East n distance of 334.41
feet to the Point of Beginning.

478
478
Second Amendment to Right-of-way Agreement, Avalon Groves l'D- South Parcel
Prose Horizons West Venture, Ll', Avalon Road 2023
Page 11 ofl5

Parcel #5:

Commence at the Southeast corner of the North Half of the Nonheast Quarter of Section 31,
Township 24 South, Range 27 East, Orange County, Florida; thence run South 88 degrees 55
minute:; 22 seconds West, n.long the South line of the North Half of the Northeast Quarter of said
Section 3 l, a distance of 63 l .40 feet; nhe.i1ce= nm North Ol degree 04 rninutes 38 seconds West, a
distance of 334.41 fed; thence run North 54 degrees 00 minut1.:s 23 seconds West, a dist<1ncc of
126.03 feet to the POINT OF BEGINNING; thence run North 78 degrees 59 minutes 50 seconds
West, a distance of 243.48 feet; thence run North 11 degrees 00 minutes l Oseconds Hast, a
distance of230.00 feet; th~ncenm North 78 deg,ees 59 mint1tes 50 iieconds West, a distance of
88.00 feel; thence run North 1l degrees 00 minutes rn scoon.ds Eost, a distance of 100.00 foet;
thenet: run North 78 d~grccs 59 minutes 50 seconds West, a distance of 136, 10 feet; thenc,e run
North 00 degrees 59 minutes 00 se:cnnds East, a distance of99.32 feet to a point on the Sou1herJy
right of way line of Hartzog Road; thence nm South 89 degrees Ol minutes 00 seconds East
along said right of way line, a distance of 145.20 feet to u point ofcurvature; thence run ,vith the
arc ofa eun•c to the left, having for its clements, a radius of 1462.69 feet, a ce1itral angle of 18
degl'~S 52 minutes 55 seconds, a chord whkh bears North 81 degrees 32 minutes 33 seconds
East, a chord distance of479.85 fed, an arc distance of 482.03 feet; thence departing said curve
and right of way line, run Sot1tb lD cfogr-ccs 51 minutes 18 seconds Ea:st (non radial), a distance
of 307,60 foe.t to a point ofCUfV,!lture; them.:.e run with the arc of a cm~e to the right, having for
its clements, a radius of 191.00 t~et, a ~entral a.ogle of 76 degrees 32 minutes 28 seconds, a chord
which bears South 27 degrees 24 minu1~s 56 seconds Wes4 a chord distance of 236.60 feet, an
arc distam;e of 255.16 feet to a point of tangcrn~y; th.encc run South 65 degrees 41 minutes I0
seconds West. a dhtc1ncc of 92.42 ieet~thence nm South 71 degrees 24 minutes OI seconds
\Vest, a distance of 95.25 foet to the POfNT OF BEOINNJNCJ.

Less
A part ofthe N01th 1/2 of the Northeast 1/4 of Section 31, Town~hip 24 South. Range 27 Unst,
Orange County, Plorida;
being more par(icularly descrilied as folk>\V~:

Commencing at the Northea~1 comer of the Northeast Quarter of said Section 31 ; thence rnn
Soulh 00°22';11" West along the Enst tine cf said Northemst Quarter for a distance of 126.27 feet
to a pQint un !he Southerly right of way line of Hmizog Road os recorded in Otllcinl Rt?cords
Book 3390, Page 523 and Det:d Ri;iok 84 a. Page 293 of the OOicial Records of Orange Cmmly,
Florida, said point being on a non tangellt curve concave Southeasterly having a radius of
1252.32 feet, with a chord benring of South 70°47'3 l" \Vest, and a chord distance of37,15 feet;
thenc.e run SouthwesterJy along said Southerly right of way 1ine through n central angle of
O1Q41 '59" along the arc of said curve for a distance of 37, 15 feet to the point of Point of
Beginning; thence de.parting said right of way line run South 00°22'4 l" West for a <listanc.e of
679.96 feet.; thence nm South 89"36'30.,,, West for .1 dista11ce of 1542.59 teet; thence run South
00°23'30" Easl for a distance of 16.70 fec.t; thence run South 89"36'30" \,Vest for a distunce of
50.00 feet; thence run North 07°37'22" West for a distance of 16.83 feet; thence n111 Soulh
89°36'30" West for a distance of32.80 feet to a point on the East right of way line of Avaton

479
479
Second Amendment to Right-of-way Agreement, Avalon Groves I'D - South Parcel
Prose Horizons West Venture, LP, Av~lon Ro~d 2023
Page 12 ofl5

Road, State Road 545 according to Road Book 3, Page 121 and Official Records Book 9078,
Page 4456 of the Public Records of Orange County, Florida; thence run North 07°32'20" West
along said right of way line for a distance of 447.27 feet to the intersection with the aforesaid
Southerly right of way line of Hartzog Road; thence run South 88° 19'20" East for a distance of
740.60 feet to the point of curvature of a curve, concave Northerly having a radius of 1462.69
feet, with a chord bearing ofNorth 77°54'40" Bust, and a chord distance of 696.15 feet; thence
run Easterly through a central angle of27°32'00" along the arc of said curve for a distance of
702.89 feet to a point of tangency; thence run North 64°08'40" East for a distance of 170.04 feet
to the point of curvature of a curve, concave Southeasterly having a radius of 1252.32 feet, with
a chord bearing of North 67°02'36" East, and a chord distance of 126.66 feet~ thence run
Northeasterly through a central angle of 05°47'5 l" along the arc of said curve for a distance of
126.71 feet to the POINT OF BEGINNING.

480
480
Second Amendment to Right-of-way Agreement, Avalon Groves PD - South Parcel
Prose Horizons West Venture, LP, Avalon Road 2023
Page 13 of 15

Exhibit "C"

Legal Description and Sketch of Description


for Conveyed Lands

[See attached 2 pages]

481
481
DESCRIPTION
A parcel of land located in the northeast quarter of Section 31, Township 24 South, Range 27 East Orange County, Florida. Said
parcel being more particularly described as follows:

COMMENCE at the southeast corner of the North 1/2 of the northeast 1/4 of said Section 31; thence South 89° 36' 30" West
along the South line of the North 1/2 of the northeast 1/4 of said Section 31, a distance of 1,61 S.76 feet to the POINT' OF
BEGINNING; thence continue South 89° 36' 30" West along the South line of the North 1/2 of the northeast 1/4 of said Section
31, a distance of 54.02 feet to a point on the easterly right of way line of Avalon Road (State Road 545), being a point on a
non-tangent curve concave westerly, having a radius of 1271.07 feet, a central angle of 020• 04' 16" and a chord of 442.99 feet
that bears North 02• 29' 48" East; thence the following courses along the easterly right of way line and the arc of said curve a
distance of 445.27 feet to the point of tangency; thence North 07" 32' 20" West 66.14 feet to a point on the South line of lands
described in Document# 20210348867 of the Public Records of Orange County, Florida; thence leaving said easterly right of way
line, run North 89° 36' 30" East along said South line, 32.80 feet; thence leaving said South line, run South 07° 37' 22" East, 62.15
feet to a point on a non-tangent curve concave westerly, having a radius of 1854.13 feet, a central angle of 013° 49' 40" and a
chord of 446.39 feet that bears South oo• 18' 09" East; thence along the arc of said cu Ne a distance of 447.48 fe.et to the POINT
OF BEGINNING.

Said parcel contains 0.45 acres, more or less.

NOTES
1. THIS SKETCH OF DESCRIPTION IS NOT A SURVEY.

2. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF THE FLORIDA LICENSED
SURVEYOR AND MAPPER LIST'ED BELOW.

3. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT.

4. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP 24 SOUTH, RANGE 27 EAST, BEING SOUTH 89° 36' 30" WEST, ASSUMED.

CERTIFICATION
I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF; AND THAT THIS SKETCH AND
DESCRIPTION MEETS THE STANDARDS OF~· RACTl:CE FOR FLORIDA SURVEYORS
AND MAPPERS, AS SET FORTH IN CHAPTER J-17 OF THE FLORIDA
ADMINISTRATIVE CODE, PUR~~NT TO CHA TER 472.027, FLORIDA STATUTES.
\\ \ oa-.. -z1
DATEOFPLATORMAP: \ \_ _ \ "2-0"2-I
W=avid M~~ry, JR., P.S.M.
PRO SSIONAL S RVEVOR AND MAPPER
FLORlf ~CENSE 0 . 4853
SECTION 31, TOWNSHIP 24 SOUTH, RANGE 27 EAST • ORANGE COUNlY, FLORIDA \..

~vhb
~-:.•• • LandmarkCenterTwo
225 E. Robinson St, Suite 300
Orlando, FL 32801
DRAWN BY: CAP
PROJECT# 63653.00
ICHECKED:WMD

DRAWING: 63653.00 Sk&Desc ROW


407.839.4006 / FAX 407.839.4008 Dedication dwg
licensed Bu sines:;# 7153 DRAWING. DATE: 10/20/2021
SKETCH & DESCRIPTION
Right of Way Dedication
ISSUED FOR:

Vanasse Hangen Brustlin, Inc. 1 SHEET 1 OF 2 BTI Partners

Page 14 of 15
482 482
NOT PLATTED
PARCEL NUMBER
0 50 100 31-24-27-0000-00--063
OWNER: (NOW/FORMERLY)
N 89°36'30" E PROSE AVALON POINTE VENTURE LP
J : lOO U.S. SURVEY FF.ET 32.80'
.,-SOUTH LINE OF !ANDS DESCRISEO IN DOCUMENT I 20210348867

LEGEND & ABBREVIATIONS


N 07°32'20" W S07°37'22" E R= RADIUS
66.14' 62.15' L = ARC LENGTH
tJ. = CENTRAL ANGLE
CHB = CHORD BEARING
CHD = CHORD DISTANCE
P.T. :: POINT OF TANGENCY
P.N.T. = POINT OF NON-TANGENCY
CCR = CERTFIED CORNERRECORD
PRM = PERMANENT REFERENCE MONUMENT

NOT PLATTED
uJ LU PARCEL NUMBER
31-24-27-0000-00-039
OWNER: (NOW/FORMERLY)
HARTZOG ROAD PROPERlY

POINT OF COMMENCEMENT
SE CORNER OF THE NORTH 1/2 OF
POINT OF BEGINNING THE NE 1/4 SECTION 31-24-27
FOUND 4"X4" CONCRETE MONUMENT
PRM #1221 CCR 44473
S89°36'30' W 1,615.76'
P.N.T. 1 SOUTH LINE OF THENORTH 1/2 OF THE
I 5 89°36'30' W NORTHEAST 1/4 OF SECTION 31-24-27

/ 54,02'

I
I NOT PLATTED
PARCEL NUMBER
NOT PlAffiD
PARCEL NUMBER
! 31-24-27·0000-00--015 31-24-27-0000-00-045
OWNER: (NOW/FORMERLY) OWNER: (NOW/FORMERLY)
PRS INVESTORS GROUP LLP WESTGATE RESORTS, LTD.

SEE SHEET 1 OF 2 FOR DESCRIPTION, CERTIFICATION AND NOTES


SECTION 31, TOWNSHIP 24 SOUTH, RANGE 27 EAST - ORANGE COUNlt', FLORIDA

~,~,
.=dvhb •' LandmarkCentcrTwo
.ns E. Robinson St, Suite 300
Orlando, FL32801
DRAWN BY: CAP
PROJECT# 63653.00
CHECKED: WMD

DRAWING: 63653.00Sk&Desc ROW


407.839.4-006 / FAX 407.839.400 Dedication.dwg
SKETCH & DESCRIPTION
Right of Way Dedication
ISSUED FOR:
·

licensed Business a ·ns3 DRAWING DATE: 10/20/2021


Vanasse Hangen Brustlin, Inc. SCALE: 1, = 100• SHEET 2 OF 2 BTI Partners

Page 15 of 15
483 483
1. CONSENT AGENDA
PLANNING, ENVIRONMENT AL, AND
DEVELOPMENT SERVICES
DEPARTMENT
10
O}WiE Interoffice Memorandum

c•Y
GOVERNMENT
FJ.OR I DA

January 3, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~

FROM: Jon V. Weiss, P.E., Chairma \t"'.


Roadway Agreement Committ \

SUBJECT: Janu~ry 24, 2023 - Consent It~)


Second Amendment to Right-of-Way and Proportionate Share
Agreement Avalon Pointe
C.R. 545 (Avalon Road)

The Roadway Agreement Committee has reviewed a Second Amendment to Right-of-


Way and Proportionate Share Agreement Avalon Pointe C.R. 545 (Avalon Road)
("Second Amendment") by and between Prose Avalon Pointe Venture, LP and Orange
County to amend the terms of the Right-of-Way and Proportionate Share Agreement
Avalon Pointe ("Agreement") approved by the Board on July 27, 2021. and recorded as
Document #20210467159, as amended. The Second Amendment extends the
timeframe in Section 2(a) of the Agreement to provide for the conveyance of right-of
way within 120-days of the effective date of the Second Amendment, with the
opportunity for additional 120-day extensions to be granted by the Manager of the Real
Estate Management Division.

The Roadway Agreement Committee recommended approval on December 14, 2022.


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.

ACTION REQUESTED: Approval and execution of Second Amendment to Right-of-


Way and Proportionate Share Agreement Avalon Pointe C.R.
545 (Avalon Road) by and between Prose Avalon Pointe
Venture, LP and Orange County to extend the t ime frame for
conveyance of right-of-way. District 1

JVW/NC/js
Attachment

484
484
Prepared by and after recording return to:
M. Rebecca Wilson
Lowndes Law Fim1
215 N. Eola Drive
Orlando, FL 32801

Tax Parcel l.D. No.:31-24-27-0000-00-063

SECOND AMENDMENT TO
RIGHT-OF-WAY AND PROPORTIONATE SHARE
AGREEMENT

AVALON POINTE

C.R. 545 (AVALON ROAD)

This Second Amendment to Right-of-Way and Proportionate Share Agreement (the

"Second Amendment"), effective as of the latest date of execution ("Effective Date"), is made and

entered into by and between Prose Avalon Pointe Venture, LP, a Delaware Limited Pa1tnership

("Owner"), whose mailing address is 7135 East Camelback Road, Suite 360, Scottsdale, Arizona

85251 and Orange County, a charter county and political subdivision of the state of Florida

("County"), whose mailing address is c/o Orange County Administrator, Post Office Box 1393,

Orlando, Florida 32802-1393.

WITNESSETH:

WHEREAS, Owner is the fee simple owner of certain real property, as shown in the project

location map identified as Exhibit "A", and as more particularly described on "Exhibit B" (legal

description), both of which are attached hereto and inco1porated herein by this reference (the

"Property"); and

WHEREAS, Owner and County entered into that ce1iain Right-of-Way and Proportionate

Share Agreement approved by the Orange County Board of County Commissioners ("BCC") on

485
485
Second Amendment to Right-of-way and Proportionate Share Agretment, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 2 of 13

July 27, 2021 and recorded on August 3, 2021 as Instrument Number 20210467159 of the Public

Records of Orange County, Florida (the "Agreement"); and

WHEREAS, Owner and County entered into that certain First Amendment to Right-of-

Way and Proportionate Share Agreement approved by the Orange County BCC on April 5, 2022

and recorded on April 13, 2022 as Instrument Number 20220240401 of the Public Records of

Orange County, Florida (the "First Amendment"); and

WHEREAS, the First Amendment amended certain terms and provisions within the

Agreement; and

WHEREAS, Owner desires, and County has agreed, to further amend certain terms and

provisions of the Agreement and First Amendment to extend the deadline for Owner to convey

land to County, as set forth below; and

WHEREAS, in all other respects, the original terms of the Agreement and First

Amendment shall remain unchanged and in full force and effect.

NOW, THEREFORE, for and in consideration of the above premises, the mutual covenants

and agreements set forth herein, and other good and valuable consideration, the receipt and

sufficiency of which are hereby acknowledged, Owner and County (the "Parties") agree as

follows:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein

by this reference.

Section 2. Conveyance ofLand to County by Owner.

Subsection 2(a) of the Agreement is hereby deleted and replaced with the following:

(a) Conveyed Lands. Within one hundred twenty (120) days after the Effective Date

486
486
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 3 of 13

of this Second Amendment, Owner shall convey to County, by plat dedication or warranty deed,

marketable fee simple title free and clear of all liens and encumbrances except for easements

acceptable to the County and recorded prior to the Effective Date, if any, to those lands described

in the legal description and sketch of description attached hereto as Exhibit "C" and incorporated

by this reference (the "Conveyed Lands"). In the event the conveyance docs not occur within the

aforesaid 120 days, the Manager of the Real Estate Management Division, or a designee, may

grant extensions ofup to 120 days each for the conveyance to talce place_

Section 3. Transportation Impact Fee Credits.

Section 4(a) of the Agreement is hereby deleted and replaced with the following:

Section 4(a). Transportation Impact Fee Credits. The Owner hereby waives any right, claim, or

entitlement to Transportation Impact Fee Credits for contributions of land that might otherwise

have been available to the Owner, his [her, its] heirs, successors or assigns, pursuant to the

County's Transportation Impact Fee Ordinance, Chapter 23, Section 23-95, Orange County Code,

and any amendments thereto, for the conveyance of the Property.

Section 4. Notice. Any notice delivered with respect to the Second Amendment, the

First Amendment or the Agreement shall be in writing and shall be deemed to be delivered

(whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated,

or (ii) upon deposit of such notice in the United States mail, postage prepaid, certified mail, return-

receipt requested, addressed to the person at the address set f011h opposite the party's name below,

or to such other address or to such other person as the pa11y shall have specified by written notice

to the other party delivered in accordance herewith.

As to Owner: Prose Avalon Pointe Venture, LP


7135 E. Camelback Road, Suite 360
Scottsdale, Arizona 85251

487
487
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 4 of 13

With a copy to: Alliance Residential Company


222 West Comstock Avenue, Suite 115
Winter Park, Florida 32789

M. Rebecca Wilson
Lowndes Law Firm
215 N. Eola Drive
Orlando, Florida 32801

As to County: Orange County Administrator


P.O. Box 1393
201 S. Rosalind Ave
Orlando, Florida 32802-1393

With a copy to: Orange County Planning, Environmental,


and Development Services Department
Manager, Transportation Planning Division
Orange County Public Works Complex
4200 S. John Young Parkway
Orlando, Florida 32839-9205

Section 5. Covenants Running with the Land. This Second Amendment shall run

with the Property and shall be binding upon and shall inure to the benefit and burden of the parties

and of the heirs, legal representatives, successors, and assigns of Owner and any person, firm,

corporation, or other entity that may become the successor in interest to the Property.

Section 6. Recordation ofSecond Amendment. An executed original of this Second

Amendment shall be recorded, at Owner's expense, in the Public Records of Orange County,

Florida within thirty (30) days of the Effective Date.

Section 7. Applicable Law. This Second Amendment and the provisions contained

herein shall be construed, controlled, and interpreted according to the laws of the State of Florida.

488
488
Second Amendment to Right-ot~way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 5 of 13

Section 8. Time is ofthe Essence. Time is hereby declared of the essence to the lawful

performance of the duties and obligations contained in the Second Amendment, First Amendment

and in the Agreement.

Section 9. Further Documentation. The .parties agree that at any time following a

request therefor by the other party, each shall execute and deliver to the other party such further

documents and instruments reasonably necessary to confirm and/or effectuate the obligations of

either party hereunder and the consummation of the transactions contemplated hereby.

Section 10. Limitation of Remedies. County and Owner expressly agree that the

consideration, in part, for each of them entering into this Second Amendment is the willingness of

the other to limit the remedies for all actions arising out of or in connection with this Second

Amendment. Accordingly, the remedies available to each party shall be as stated in the Agreement.

Section 11. Amendments. No amendment, modification, or other change to the


Second Amendment, First Amendment or the Agreement shall be binding upon the paities unless
in writing and executed by all the parties hereto.

Section 12. Counterparts. This Second Amendment may be executed in up to two (2)

counterparts, each of which shall be deemed an original and all of which shall constitute one and

the same instrument.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

489 489
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 6 of 13

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be duly

executed by their respective duly authorized representatives on the dates set forth below.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Jerry L. Demings,
Orange County Mayor

Date:
------------------

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

By:
Deputy Clerk

Printed name:
~ - - - -- - - - -- -

490
490
Second Amendment to Right-of-way and Propo1tionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 7 of 13

"OWNER"

Prose Avalon Pointe Venture, LP, a Delaware


limited partnership

By: Prose Avalon Pointe Alliance GP, LLC, a


Delaware limited liability company, general partner

By: Prose Avalon Pointe Alliance, LLC, a Delaware


limited liability company, its sole member

Print Name: _ __,_f(. . .i?"-"'£,_..,..,._r_.__/:_ _,_{__~J~-"-rvf..,_,._,c.,_r-_.,_ .s. . ,.t.'-'C'.\- -

JVl c.t, ! cl _
Title:_ __ ,.,___:;c..=_.__,t)..,_,..__ _ _ _ __ _ _ _ __

WITNESSES:

4-c=s
Print Name: \;U.,.c\t .Sl-.'\MI\A.,G~\-0. .I

rD.xum.£
Print Name: .Sa((,\ b tr roeV
STATE OF FLORIDA
COUNTY OF ORANGE

The foregoing instrument was acknowledged before me, a Notary Public, by means of~'.J?,hysical presence
or D online notarization thisoB!"day ofJflc.e.~~"oy "'~o~- C, A -l-\tJ~0'7 , as
µlKY\be.--' of Prose Avalon Pointe Alliance, LLC, a Delaware limited liability, sole member of Prose
Avalon Pointe Alliance GP, LLC, a Delaware limited liability company, general partner of Prose Avalon Pointe
Venture, LP limited partnership, on behalf of said limited partnership, who ~ personally known to me or D has
produced (type of identification) _ _ _ _ _ _ __ _ _ __ _ _ _ as identification.

Notary Public
SUSAN M. MARET
Comml&llon #HH 176068
Expkta Septl!mbef 19, 2025 PrintName: S \.L.San t-1\. Mo..r-t,\
Bondodll',,Jo..d91lHollly~
My Commission Expires: ~+ A ,ol.~-5

491 491
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 8 of 13

Exhibit "A"

Projec t Location Map

[See attached 1 page]

492
492
1111, 1 WI\ I0'.!'17,1\ I '),1017/'17.,1
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe VentllrC, LP, Avalon Road 2023
Page 9 of 13
• M h >• ... ,_,_..,..,,,C,-'°9-)'.,_, _ _ _ _ ., C • ..,_, _ , . . . .- . .. . , - • - • • - • , •- . . . . , _. . .. . _ , _ _,., _ _ , . .. . . , ....

,s; Legend
r:..J 2-mlle Radius
t:::1 County Boundary
1
-.1 C]subjecl Property

un

D 1Wfll!h) / t
r,Mll!.<,',1-'\ r l
._;, t( 1' r ,i
lre c k S\v t1n1p
bi bing

493
493
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 10 ofl3

Exhibit "B"

Legal Description

The land referred to herein below is situated in the County ofOrange, State of Florida, and is described as follows:

Parcel I:

A part of the North 1/2 afthe Northeast 1/4 of Section 31, Township 24 South, Range 27 East, Orange County,
Florida; being more particularly described as follows:

Commencing at the Northeast comer of the Northeast Quarter of said Section 31; !hence run South 00°22 '41" West
along the East line of said Northeast Quarter for a distance of 126.27 feet to a point on the Southerly right ofwny
line of Hartzog Road as recorded in Official Records Book 3390, Page 523 and Deed Book 841, Page 293 of !lie
Official Records of Osangc County, Florida, said point being on a non-tangent curve concave Southeasterly having a
radius of I 252.32 feet, with a chord bearing of South 70°47'3 l" West, and a chord distance of 37.15 feet; thence run
Southwesterly along said Southerly rigbt of way line through a central angle of 01 °41 '59" along the arc of said
curve for a distance of 37.15 fee.t to the point of Point of Beginning; thence departing said right of way line run
South 00°22'41" West for a distance of 679.96 feet; thence run South 89°36'30" West for a distance of 1542.59
feet; thence: run South 00°23'30" East for a distance of 16.70 feet; thence run South 89°36'30" West for a distance
of 50.00 feet; thence nm North 07°37'22" West for a dis~nce of 16.83 feet; thence nm South 89°36'30" West for a
distance of 32.80 feet to II point on the East right of way line of Avalon Road, Stnte Road S45 according to Road
Book 3, Pnge 121 and Official Records Book 9078, Page 4456 of the Public Records of Orange County, Florida;
thence nm North 07°32'20" West along said right of way line for a distance of 447.27 feet to the intersection with
the aforesaid Soutbcrly rigbt of way line ofHartzog Road; thence run South 88° 19'20" East for a distance of 740.60
feet to the point of curvatwe of II curve, concave Northerly having a radius of 1462.69 feet, with a chord bearing of
North 77°54 '40" East, and a chord distance of 696. 15 feet; thence run Easterly through a central angle of27°32'00"
along the arc of said curve for a distance of702.89 feet to a point of t.:mgency; thence run North 64°08'40" East for
a distance of 170.04 feet to the point of curvature of a curve, concave Southeasterly having a radius of 1252.32 feet,
with o chord bearing ofNort.b 67°02'36" E11st, and a chord distance of 126.66 feet; thence run Northeasterly through
a central angle of 05"47'51" along the arc of said curve for a distance of 126.71 feet to the POINT OF
BEGINNING.

Parcel 2:

Non-exclusive tempornry easement for ingress and egress and for the purpose of Grantee performing the
Construction of Drainage and Utility Improvements as more! particularly set forth in that cenain Temporary
Construction Access Easement and Cost-Sharing Agreement, dated June 9, 2021, and recorded June 10, 2021, in
Official Records Document No. 20210348868, Public Records of Orange County, Florida.

494
494
Second Amendment to Right-of-way and Proportionate Share Agreement, Avalon Pointe
Prose Avalon Pointe Venture, LP, Avalon Road 2023
Page 11 of 13

Exhibit "C"

Legal Description and Sketch of Description


for Conveyed Lands

[See attached 2 page(s)]

495
495
LEGAL DESCRIPTION

A porcl!I of land 1}1119


In u,e Norlhea1t 1/4 ot Section J1, Tawn.tilp 24
South, Range 27 ~oat, Orono• County, Florido:

belno more porticulorly detcrii11d 01 follo,u:

Commencing at the Narth,a1t comw of the Northec,l Quorter or 1old


Section 31; thence run South Jl9'30'1g• W11t along the North llne of aold
Northeo,t Quarter f01' a dlatance of 1775.70 fHt to II point on th• Eoat
right of way tine of Avalon Rood/County Rood 545 o, recOf'ded In County
Rood Bond Project 75A and Offlclol R,cord, Book 907&. Po~ 4-456 of the
Publlc Record, of Orono• County, Florido; thence run South 07'32'20" Ea,t
along 11;1ld Ea,t right of way ilne for o dlttonc, o( 374.06 fHt to the
lnteraectlon with th• South right of way lln• of LIii<• Gifford Woy (f«mwiy
known 01 Hortiog Rood) 01 record~ In Plot Book 1Z Pog• 73 and Officio!
R.cords Book 3390, Po9e 523 of the Public Record, of Orange County,
Florido ond th, POINT Of BEGINNING; thence run South 8ll19'20" Eoat
along 1ald South right of way lln• for a dlltanc• of 57.30 fHt; thence
depallng ■old South rl<)ht of way fin• run South 42'01' 39" Weal for a
distance of 32.37 fMt; thence n.in South
07'37'22• Eaat along a llne 65.00 feet Eoat of and poroUGtl with the
cent..-llne of AYClon Road/County Rood 545 for o dlthr1c1 of 421.18 f111t;
thfll\ce run South 89"36'30" Weil for a dlllance of 32.80 f■111t to a point
on the otor11ald Eoet r!Qht of woy line of Avalon Rood/Stole Rood 54!1;
thence run North 07°32'20" WNl along ,old Eo■l right of way llne for r;i
dl■tonce of 4,i.7.27 feet lo the POINT OF" BEGINNING•

. Containing 14,698 wqucre leet, 0.34 acre, more or Ins

....o 104-
l/11/10 JD.
CN.D.U1ll) " "
Al'l
01
ous
......... ,.. 1· • 100'
OM.., IY:
OitOCD , ... ...
..
, _....,, _,

496
496
SKETCH OF DESCRIPTION

j _ _Sll9~19"W

EAST l'\GlT Of' WAY UHE


AVALON ROAD/STA1£ ROAD 515
:r ~s~
POINT OF' COMMENCEMENT

. NORTH LINE OF lllE HE 1/4


__ ;i]i
HE CORNEIi OF THE !IE 1/4,
Of .~Cll.CIN ai-14-U r
Of SECTION 31-24-27

POINT Or BEGINNING - - LAKE CIFF'ORD WAY - - -~- - -


___ (f01™E8LY f<NQ~ AS' 1;1ARJ7QG.BQAD-_,.)_ _
RIG!iT "Of WAY VARIES
~- 3390, PC. 5~ ~-D.:.,!2. ~

LINE TABLE
LINE" BEARING LENGTH
L1 S88'19'"20"E 57,30'
.L2 S42'.01 '39"W 32.37'
L3 S89"36'30"W 32.80'

\ L3
SHEET 2 OF 2
S,EE SHEET 1 FOR DESCRIPTION

~:~ LEOEND
O.R. OfnD Al. RECORDS BOCK
P.~. PlAT BOOK '
u.e. .DITO BOil<
CCR C£RTIFlEO CORN[R RECORD
$ C~AN.CE IN l>RECTION

20190446
JOB t\O.
1/16/20:!0
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SC
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16 EAST PLANT STREET DRAM-l BY;
tiv
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ru Orlondo _GJS.45.00 AJl!onc.o- Awlon Po!nt a cod ~msunont, ncom'trlg surwy 202!r0l-21_.RO'N Oedl~o\100 Sketch ond t..ego\ ·,ketch -1 ... '1~ht· ot, woy

497 497
I. CONSENT AGENDA
PLANNING, ENVIRONMENTAL, AND

O~E
DEVELOPMENT SERVICES
Interoffice Memorandurr DEPARTMENT
11

C~Y
GOVERNMENT
J'LORJDA

January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~

FROM: Tim Boldig, Interim Dire~t@


Planning, Environmental, and Development Services Department

CONTACT PERSON: Scott Skraban, Manager


Fiscal and Operational Support Division
407 -836-5363

SUBJECT: January 24, 2023 - Consent Agenda


Resolution Designating Certain County Employees Assig ned to
the Office of Tenant Services as Code Enforcement Officers
(Related to Tenant's Bill of Rights Ordinance)

On January 24, 2023, staff will present an ordinance to the Board for adoption at a public
hearing that, among other things, establishes the Orange County Office of Tenant Services
("Ordinance"). The Ordinance states that County employees assigned to the Office of
Tenant Services and designated as code enforcement officers by the County shall be
considered code enforcement officers for the purposes of enforcing Chapter 25, Article XIII
("Residential Tenancies") , Division 1 ("Rental Notices Ordinance") and Division 3 ("Tenant's
Bill of Rights Ordinance") through the issuance of noncriminal civil citations.

Chapter 162, Florida Statutes, authorizes the County to designate certain employees as code
enforcement officers whose duty it is to enforce codes and ordinances enacted by the County.
Chapter 11 of the County Code authorizes the Board to designate, by resolution, certain
employees as code enforcement officers.

In this Resolution, the Board designates the following employee positions assigned to the Office
of Tenant Services as code enforcement officers for the purposes of enforcing the Rental
Notices Ordinance and the Tenant's Bill of Rights Ordinance: Program Manager, Prog ram
Coordinator; and Family Services Administrator. This Resolution also reiterates the County
Administrator's authority to approve the designation of additional code enforcement officers
without further action by the Board in accordance with Section 11-63 of the County Code.

ACTION REQUESTED: Approval and execution of Resolutio n of the Orange County


Board of County Commissioners regarding the Designation
of Certain County Employees Assigned to the Office of
Tenant Services as Code Enforcement Officers.

TB/SS/js
498
Attachment 498
RESOLUTION
of the
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
regarding
THE DESIGNATION OF CERTAIN COUNTY EMPLOYEES
ASSIGNED TO THE OFFICE OF TENANT SERVICES AS
CODE ENFORCEMENT OFFICERS
Resolution No. - - - -

WHEREAS, Chapter 162, Florida Statutes, authorizes the County to designate certain
employees as code enforcement officers whose duty it is to enforce codes and ordinances
enacted by the County; and

WHEREAS, Chapter 11 of the Orange County Code of Ordinances authorizes: (i) the
Orange County Board of County Commissioners ("Board") to designate, by resolution, certain
employees as code enforcement officers, and (ii) the County Administrator or their designee
to approve the designation of additional code enforcement officers without further action by
the Board; and

WHEREAS, on January 24, 2023, the Board adopted an ordinance that, among other
things , established the Orange County Office of Tenant Services ("Ordinance"); and

WHEREAS , on December 13, 2022, the Board approved the following four new
positions to support the Office of Tenant Services: (1) Family Services Administrator, (2)
Program Manager, (3) Program Coordinator, and (4) Administrative Assistant; and

WHEREAS , the Ordinance says that County employees assigned to the Office of
Tenant Services and designated as code enforcement officers by the County shall be
considered code enforcement officers for the purposes of enforcing Chapter 25, Article XIII
("Residential Tenancies"), Division 1 ("Rental Notices Ordinance") and Division 3 ("Tenant's
Bill of Rights Ordinance") through the issuance of noncriminal civil citations; and

WHEREAS , in this Resolution, the Board desires to designate certain County


employees assigned to the Office of Tenant Services as code enforcement officers for the
purposes of enforcing the Rental Notices Ordinance and the Tenant's Bill of Rights
Ordinance.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF ORANGE COUNTY:

Section 1. Recitals. The above recitals are hereby incorporated as part of this

Resolution.

499 499
Section 2. Code Enforcement Officers.

A. In accordance with the Ordinance, Chapter 11 of the Code, and Chapter 162, Florida

Statutes, the Board hereby designates the following employees in employee positions

assigned to the Orange County Office of Tenant Services as code enforcement officers for

the purposes of enforcing the Rental Notices Ordinance and the Tenant's Bill of Rights

Ordinance, as amended:

i. Program Manager;

ii. Program Coordinator; and

iii. Family Services Administrator.

B. In accordance with Section 11-63 of the Code, as amended, the designation of

additional code enforcement officers may be approved by the County Administrator or the

County Administrator's designee without further action by the Board.

Section 3. Effective Date. This Resolution shall take effect upon the date of its

adoption.

ADOPTED THIS _ _ _ _ DAY OF _ _ _ _ , 2023.

ORANGE COUNTY, FLORIDA


By: Orange County Board of County Commissioners

By: - -- - - - - -- - - - - - - -
Jerry L. Demings
Orange County Mayor

ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners

BY: _ __ __ _ _ __ _ __ __
Deputy Clerk

500
500
Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT
1

GOVERNMENT December 29, 2022


FLO!!JOA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works DepartmenW- c,, f{)J_
CONTACT PERSON: Dale V. Mudrak, P.E., Manager
Development Engineering Division
(407) 836-7974
IM//Jikd
PHONE NUMBER:

SUBJ: Authorization to record the plat of Alaira II

The Public Works Department requests authorization to record the plat of Alaira II. This is
a one lot plat located on Poinciana Boulevard approximately one quarter mile east of the
LB V Stores Drive traffic circle.

This plat is being recorded in order to comply with the requirements of the World Resort
Planned Development / Poinciana Phase JI Development Plan as approved by the Orange
County Development Review Committee on December 15, 2021. This plat is being placed
on the Consent Agenda in order to comply with the requirements of Chapter 34, Article III,
Section 34-48(b) of the Orange County Code.

Action Requested: Authorization to record the plat of Alaira Il. District 1.

JCK/DVM/ja

501 501
0n8
c~rJry
Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT
2

December 13, 2022


GOVERNMENT
1' I, 0 II I D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works Department µ c,,ftu.J..


CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manage~
Traffic Engineering Division ~
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Young Pine Road

Concerned citizens have requested Orange County to review the posted speed along Young
Pine Road from Curry Ford Road to one mile east of Lee Vista Boulevard. They expressed
that the posted speed is too high and presents a safety risk.

Vehicular/pedestrian safety, accident statistics, current and future density, and the roadside
development were the primary considerations for a speed reduction analysis along the
Young Pine Road corridor. Observations of prevailing speeds indicate that the current 85 th
percentile speeds range from 45 mph to 55 mph. USLIMITS2 analysis and prevailing
speed method (including allowable adjustments) indicate that the speed limit should be set
to 45 mph. Based on this review, it is recommended that the 50 mph posted speed limit on
Young Pinc Road from Curry Ford Road to one mile east of Lee Vista Boulevard be
reduced to 45 mph. This speed limit modification will show a consistent speed limit for
the whole study corridor and will help to lower the rear end/sideswipe crashes.

Action Requested: Approval to decrease the speed limit on Young Pine Road from
Curry Ford Road to one mile cast of Lee Vista Boulevard from
50 mph to 45 mph. District 4.

JCK/HLC/LT/VP/dar

Attachments

502
502
~~
GOVERNMENT
F ,. o R r n .\
Young Pine Road
Consent Agenda District Map

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<.n District 4: Commissioner Maribel Gomez Cordero


0
w 503
omE Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS

c&Jry
DEPARTMENT
3

December 13, 2022


GOVERNMENT
FLOJIIDA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works Department~ L,,ru,....\


CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manage
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Hoffner A venue

Concerned citizens have requested Orange County to review the posted speed along
Hoffner Avenue from Orange A venue to Conway Road. They expressed that the posted
speed is too high and presents a safety risk.

Vehicular/pedestrian safety and accident statistics were the primary considerations for a
speed reduction analysis along the Hoffuer Avenue corridor. Based on the results from the
prevailing speed method (including allowable adjustments) and USLIMITS2 analysis, it is
recommended that the 35 mph posted speed limit be reduced to 30 mph on the 2-lane
straight segment of Hoffner A venue from Orange A venue to Conway Road.

Action Requested: Approval to decrease the speed l~mit on the straight segments of
Hoffner A venue from Orange A venue to Conway Road from 35
mph to 30 mph. District 3.

JCK/HLC/LT/VP/dar

Attachments

504 504
or,: Hoffner Avenue
C~tJNrY
GOVERNMENT
F f.ORT O A Consent Agenda District Map
...,
1
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.,.,,.,.,..."'""""+,·",, .,,,,:i:.s~'.L..- :i"t~:~.i:,~,,,;:,;i -~ .1

u, District 3: Commissioner Mayra Uribe


0
u, 505
Interoffice Memorandum I. CONSENT AGENDA

0~ PUBLIC WORKS
DEPARTMENT
4

C~irY
GOVERNMENT
December 13, 2022
I' l, 0 II I D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners , /J J
FROM: Joseph C. Kunkel, P.E., Director, Public Works Departmen~ (,, f l-t....{
CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manager
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Round Lake Road

Concerned citizens have requested Orange County to review the posted speed along Round
Lake Road from Ponkan Road to County Limits. They expressed that the posted speed is
too high and presents a safety risk.

Vehicular/pedestrian safety and accident statistics were the primary considerations for a
speed reduction analysis along the Round Lake Road corridor. Observations of prevailing
speeds on the corridor indicate that the current 85 111 percentile speeds range from 54 mph to
62 mph. Determining the appropriate speed limit using the prevailing speed and allowable
adjustments, given the high rate of accidents within the corridor, the posted speed is
recommended to be reduced to 45 mph.

Derived from the evaluation performed, USLIMITS2 analysis, roadway characteristics,


and operating characteristics, it is recommended to lower the posted speed limit on Round
Lake Road from Ponkan Road to County Limits from 55 mph to 45 mph.

Action Requested: Approval to decrease the speed limit on Round Lake Road from
Ponkan Road to County Limits from 55 mph to 45 mph.
District 2.

JCK/HLC/LTNP/dar

Attachments

506
506
OME Round Lake Road
CtJY
GOVERNMENT
F l. OR I O:\
Consent Agenda District Map m

f
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. ···· 11
i:
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District 2: Commissioner Christine Moore


()1
0
-....J 507
Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT
5

December 13, 2022


FLOUIOA

TO: Mayor Jerry L. Demings


-AND-
County Commissioners Lt)__
FROM: Joseph C. Kunkel, P.E., Director, Public Works Departrnenµ. (_ 1/.
CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manager.
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Chickasaw Trail

Concerned citizens have requested Orange County to review the posted speed along
Chickasaw Trail from Colonial Drive to Curry Ford Road. They expressed that the posted
speed is too high and presents a safety risk.

Vehicular/pedestrian safety and a high number of crashes associated with this co1Tidor
were the primary considerations for a speed reduction analysis along the Chickasaw Trail
1h
corridor. Observations of prevailing speeds on the corridor indicate that the current 85
percentile speeds range from 39 mph to 50 mph. Determining the appropriate speed limit
using the predominant speed and allowable adjustments indicate that the 40 mph posted
speed limit from Colonial Drive to American Rose Parkway should be decreased to 35
mph; from American Rose Parkway to El Prado Avenue to 30 mph; and from El Prado
Avenue to Curry Ford Road to 35 mph.

Action Requested: Approval to decrease the speed limit on Chickasaw Trail from
Colonial Drive to American Rose Parkway to 35 mph, from
American Rose Parkway to El Prado Avenue to 30 mph, and
from El Prado Avenue to Curry Ford Road to 35 mph. District
3.

JCK/HLC/LT/VP/dar

Attachments

508
508
Chickasaw Trail
GOVERNMENT
FT.OR TO A Consent Agenda District Map m

::.· _-'-,,~- <· '"'~.· -·:·:'"'


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District 3: Commi~sioner Mayra Uribe
0
c.o 509
Interoffice Memorandum
Orffl I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT

C~Y
GOVERNMENT
I' I., 0 ll I D A
December 13, 2022
6

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ·

FROM: Joseph C. Kunkel, P.E., Director, Public Works Department rf..tJ.. C !(cl{
CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manage
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Bloomfield Drive

Concerned citizens have requested Orange County to review the posted speed along
Bloomfield Drive from North Dean Road to Rouse Road. They expressed that the posted
speed is too high and presents a safety risk.

Vehicular/pedestrian safety and accident statistics were the primary considerations for a
speed reduction analysis along the Bloomfield Drive corridor. Based on the results from
the prevailing speed method (including allowable adjustments), the presence of the
horizontal curves, the school uncontrolled crossing, and the context classification, it is
recommended that the 45 mph posted speed limit be reduced to 35 mph.

Action Requested: Approval to decrease the speed limit on Bloomfield Drive from
North Dean Road to Rouse Road from 45 mph to 35 mph.
District 4.

JCK/HLC/LT/VP/dar

Attachments

510
510
Orf
C~UNTY
Bloomfield Drive
GOVERNMENT
Fl.OR JO,.\
Consent Agenda District Map

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District 4: Com1
missioner Maribel Gomez Cordero
(Jl
.....l.
.....l. 511
Interoffice Memorandum I. CONSENT AGENDA

0~ PUBLIC WORKS
DEPARTMENT

cftJ-y
GOVERNMENT
F~ O l!IDA
December 13, 2022
7

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works Departmentµ (:JJ(l)_


CONTACT PERSON: Humberto L. Castillero, P.E., PT0E, Manage
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Bonneville Drive

Concerned citizens have requested Orange County to review the posted speed along
Bonneville Drive from East Colonial Drive to Allison Drive. They expressed that the
posted speed is too high and presents a safety risk.

Vehicular/pedestrian safety and accident statistics were the primary considerations for a
speed reduction analysis along the Bonneville Drive corridor. Observations of prevailing
speeds on the corridor indicate that the cunent 85111 percentile speeds range from 37 mph to
52 mph. Determining the appropriate speed limit using the prevailing speed, allowable
adjustments, and USLIMITS2 analysis indicate that the 45 mph posted speed limit should
be reduced to 35 mph.

Action Requested: Approval to decrease the speed limit on Bonneville Drive from
East Colonial Drive to Allison Drive from 45 mph to 35 mph.
District 5.

JCK/HLC/LT/VP/dar

Attachments

512
512
Bonneville Drive
GOVERNMENT
F J. 0 R I n A
Consent Agenda District Map m

~ ', ·. -;: ·'.J) /


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~,

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District 5: Commissioner Emily Bonilla


513
Interoffice Memorandum L CONSENT AGENDA
~. "_·._.._
ORANrj ::E PUBLIC WORKS
DEPARTMENT
f( .J
8

C~UNrY
GOVERNMENT
December 13, 2022
F I, 0 H l D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works Departmen~ {_, 1t.1J.
CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manage~
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Edgewater Drive

Concerned c1t1zens have requested Orange County to review the posted speed along
Edgewater Drive from Rose A venue to Forest City Road. They expressed that the posted
speed is too high and presents a safety risk

Vehicular/pedestrian safety and recent accident statistics were the primary considerations
for a speed reduction analysis along the Edgewater Drive conidor. Based on the results
from the prevailing speed method (including allowable adjustments) and USLIMITS2
analysis, it is recommended that the speed limit of 40 mph be reduced to 3 5 mph on the 2-
lane segment (Rose A venue to Clarcona Ocoee Road) and the 4-lane segment (Clarcona
Ocoee Road to Forest City Road) remain at 40 mph.

Action Requested: Approval to decrease the speed limit on Edgewater Drive from
Rose Avenue to Clarcona Ocoee Road from 40 mph to 35 mph.
District 2.

JCK/HLC/LT/VP/dar

Attachments

514
514
g=
GOVERNMENT
F r. n R I n A
Edgewater Drive
Consent Agenda District Map
.·• .""'· ··

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u,
District 2: Commissioner Christine Moore
--li,.

u, 515
OME Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT

dftiN±y
9

December 13, 2022


GOVERNMENT
I' I. 0 II I D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Joseph C. Kunkel, P.E., Director, Public Works Department~ (_ '?<Al\


CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manager
Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Rouse Road

Concerned citizens have requested Orange County to review the posted speed along Rouse
Road from University Boulevard to McCulloch Road. They expressed that the posted
speed is too high and presents a safety risk.

Vehicular/pedestrian safety and recent accident statistics were the primary considerations
for a speed reduction analysis along the Rouse Road corridor. Based on the results from
the prevailing speed method (including allowable adjustments) and USLIMITS2 analysis,
it is recommended that the 45 mph posted speed limit be reduced to 40 mph on the 4-lane
segment (from Corporate Boulevard to University Boulevard) and remain at 40 mph on the
2-lane segment (from McCulloch Road to Corporate Boulevard) of the study conidor.

Derived from the evaluation perfonned, USLIMITS2 analysis, roadway characteristics,


and operating characteristics, it is recommended to lower the posted speed limit on Rouse
Road from Corporate Boulevard to University Boulevard from 45 mph to 40 mph.

Action Requested: Approval to decrease the speed limit on Rouse Road from
Corporate Boulevard to University Boulevard from 45 mph to
40 mph. District 5.

JCKJHLC/LT/VP/dar

Attachments

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GOVER.t,"'MENT
F LOR TD.-\ Consent Agenda District Map m

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District 5: Commissioner Emily Bonilla
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Interoffice Memorandum I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT

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December 13, 2022


GOVERNMENT
11 1, 0 HI.D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners {.,, f J...)
FROM: Joseph C. Kunkel, P.E., Director, Public Works Department~

CONTACT PERSON: Humberto L. Castillero, P.E., PTOE, Manage .


Traffic Engineering Division
PHONE NUMBER: (407) 836-7891

SUBJ: Approval to Decrease the Speed Limit on Lake Butler Boulevard

Concerned citizens have requested Orange County to review the posted speed along Lake
Butler Boulevard from Clarice Court to County limits (460 feet west of Sunbitten Court).
They expressed that the posted speed is too high and presents a safety risk.

Vehicular/pedestrian safety and accident statistics were the primary considerations for a
speed reduction analysis along the Lake Butler Boulevard corridor within County limits.
Observations of prevailing speeds and USLIMITS2 analysis indicates that the 45 mph
posted speed limit should be set to 35 mph. Based on this review, it is recommended that
the posted speed limit on Lake Butler Boulevard within the County limits (e.g., between
Clarice Court to 460 feet west of Sunbitten Court) be reduced to 35 mph.

Action Requested: Approval to decrease the speed limit on Lake Butler Boulevard
from Clarice Court to County limits (460 feet west of Sunbitten
Court) from 45 mph to 35 mph. District 1.

JCK/HLC/LTNP/dar

Attachments

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Lake Butler Boulevard
GOVERNMENT
F I.OR1 0A Consent Agenda District Map
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District 1: Commissioner Nicole Wilson
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Interoffice Memorandum
I. CONSENT AGENDA
PUBLIC WORKS
DEPARTMENT

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GOV •RNMENT
December 30, 2022
11

F I, 0 R J D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners C~
FROM: Joseph C. Kunkel, P.E., Director, Public Works Departmenµ

CONTACT PERSON: Renzo Nastasi, AICP, Manage•· ~ /)


Transportation Planning Division :J4--
PHONE NUMBER: (407) 836-8072

SUBJ: Resolution and Agreement for State Road 434 (Alafaya Trail) at Corporate
Boulevard

The Public Works Department has completed the design for intersection improvements at
State Road 434 and Corporate Boulevard. The Transportation Planning Division requested
federal funding through MetroPlan Orlando and the Florida Department of Transportation
(FDOT) for construction and construction engineering inspection (CEI) in the amount of
$1,578,686; however, only $565,000 is available in federal funds. FOOT and MetroPlan
Orlando have agreed to fund $565,000 for a portion of the construction and CEI in FDOT's
Fiscal Year 2021/2022. Orange County will fund the remaining construction and CEI in the
amount of $1,013,686.

The project improvements include widening eastbound Corporate Boulevard to provide an


additional left turn lane at the intersection with State Road 434 (Alafaya Trail). The project
will also include milling and resurfacing, installation of four mast arms and associated signal
improvements, curb and gutter, drainage inlets and pipes, clearing and grubbing,
mobilization, maintenance of traffic, erosion control, excavation, embankment, signing and
pavement markings, and sodding.

FDOT has requested approval of a resolution and Local Agency Program Agreement. The
County Attorney' s Office, Risk Management Division, Public Works Engineering Division,
and Transportation Planning Division have reviewed this Resolution and Agreement and
find them acceptable.

Action Requested: Approval and execution of (1) Resolution of the Orange


County Board of County Commissioners regarding the Local
Agency Program Agreement with the State of Florida
Department of Tnmsportation for the State Road 434
(Alafaya Trail) at Corporate Boulevard Project and (2) State
of Florida Department of Transportation Local Agency
P1·ogram Agreement FPN: 435526-1-58-01 and FPN: 435526-
1-68-01. District 5.

520 520
RESOLUTION
of the
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
regarding the
LOCAL AGENCY PROGRAM AGREEMENT
with the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
for the
STATE ROAD 434 (ALAFAYA TRAIL)
at
CORPORATE BOULEVARD PROJECT

Resolution No. 2023- --

WHEREAS, today, the Board of County Commissioners is approving a Local


Agency Program Agreement with the State of Florida Department of Transportation for
the State Road 434 (Alafaya Trail) at Corporate Blvd. Project, designated therein by the
FDOT as FPN No. 435526-1-58-01 ; and

WHEREAS, the FOOT requires that Orange County adopt a Resolution


authorizing its officials to execute this Local Agency Program Agreement on Orange
County's behalf.

NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD

OF COUNTY COMMISSIONERS:

Section 1. Authorization for County Mayor to Execute Local Agency

Program Agreement. The County Mayor is hereby authorized to execute the above

described Local Agency Program Agreement with the FOOT on behalf of the County.

521
521
Section 2. Effective date. This Resolution shall take effect on the date of its

adoption.

ADOPTED this __ day of _ _ _ _ _ _ , 2023.

ORANGE COUNTY, FLORIDA


By: Board of County Commissioners

By:------------
Jerry L. Demings, County Mayor

ATTEST: Phil Diamond, CPA, County Comptroller


as Clerk of the Board of County Commissioners

By:--------------
Deputy Clerk

Print Name: _ _ _ _ _ _ _ _ _ __

522 522
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC- 09122
Page1 of 1 5

FPN: 435526-1-58-01 FPN: 435526-1-68-01 FPN: _ _ _ _ _ _ _ _ __


Federal No (FAIN): D522 074 B Federal No (FAIN): D522 074 B Federal No (FAIN}: _ _ _ _ __
Federal Award Date: _ _ _ _ _ _ _ Federal Award Date: _______ Federal Award Date: _ _ _ _ __
Fund: GFSU/SU/LF Fund: SU/LF Fund: _ _ _ _ _ _ _ _ __
Org Code: 55054010508 Org Code: 55054010508 Org Code: _ _ _ _ _ _ _ __
FLAIR Approp: 088716 FLAIR Approp: 088718 FLAIR Approp: _ _ _ _ _ _ __
FLAIR Obj: 780000 FLAIR Obj: 780000 FLAIR Obj: _ _ _ _ _ __ _

County No:..!..7~
5 _ _ _ _ _ _ __ _ Contract No: _ _ _ _ __ __ _
Recipient Vendor No: F596000773011 Recipient Unique Entity ID SAM No: ZAMZMX9ZHCM9

Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction

THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on


_ _ _ _ _ _ _ __ _ _ _ ___, by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only)
of the State of Florida ("Department"), and Orange County ("Recipient").

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties
agree to the following:

1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.1.2, Florida
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as
Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf.

2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the
State Road 434 (Alafaya Trail) at Corporate Boulevard project, as further described in Exhibit "A", Project
Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide
Department financial assistance to the Recipient; state the terms and conditions upon which Department funds
will be provided; and to set forth the manner in which the Project will be undertaken and completed.

3. Term of Agreement: The Recipient agrees to complete the Project on or before October 31, 2024. If the
Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the
scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed after the term of this
Agreement will not be reimbursed by the Department.

4. Project Cost:

a. The estimated cost of the Project is $ 1,578.686.00 (One Million Five Hundred Seventy-Eight Thousand Six
Hundred Eighty-Six Dollars and No/100). This amount is based upon the Schedule of Financial Assistance
in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified by mutual
execution of an amendment as provided for in paragraph 5.i.

b . The Department agrees to participate in the Project cost up to the maximum amount of $565,000.00 (Five
Hundred Sixty-Five Thousand Dollars and No/100) and as more fully described in Exhibit "B". This amount
includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The
Department's participation may be increased or reduced upon determination of the actual bid amounts of
the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess
of the total cost of the Project and any deficits incurred in connection with the completion of the Project.

c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It
is understood that Department participation in eligible Project costs is subject to:

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LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC- 09/22
Page 2 0115

i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;

ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement;

iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and

iv. Department approval of the Project scope and budget at the time appropriation authority becomes
available.

5. Requisitions and Payments

a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit "A".

b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A" .
Deliverables must be received and accepted in writing by the Department's Project Manager prior to
payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progress report that is approved by the
Department.

c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.

d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum level of service to be performed based on
the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced
shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing
in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment
Requirements.

e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.

f. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes.

D If this box is selected, advance payment is authorized for this Agreement and Exhibit "H" ,
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.

ff the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to
be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the minimum performance levels.
deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the

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LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC- 09/22
Pago 3 of 15

Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the
Recipient may bill the Department for the unpaid reimbursement request(s} during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's
term.

g. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department's
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.

If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient.
Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining
timely payment(s} from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this Agreement and for five
years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the Recipient's general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.

i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity with
the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient's contract award amount.

j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.

k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.

I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds
approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred.
See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not
eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the
Recipient, in writing, when funds are available.

m. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC- 09122
Page 4 of 15

"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The Department shall require a statement from the comptroller
of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years, and this paragraph shall be incorporated verbatim in all contracts of the Department
which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."

6. Department Payment Obligations:

Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:

a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or
amendment to its application, or with respect to any document or data furnished with its application or pursuant to
this Agreement;

b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;

c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the
approval of the Department or has made a related expenditure or incurred related obligations without having been
advised by the Department that same are approved;

d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or

e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement.

The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration
("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.

In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which
are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
and costs attributable to goods or services received under a contract or other arrangements which have not been approved
in writing by the Department.

7. General Requirements:

The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's
Local Agency Program Manual (FOOT Topic No. 525-010-300), which by this reference is made a part of this Agreement.
Time is of the essence as to each and every obligation under this Agreement.

a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:

i. Administers inherently governmental project activities, including those dealing with cost, time,

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMEITT
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Page 5 0115

adherence to contract requirements, construction quality and scope of Federal-aid projects;

ii. Maintains familiarity of day to day Project operations, including Project safety issues;

iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;

iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;

v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;

vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;

vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and
consultant staff at all stages of the Project.

b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly},
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or the loss of state appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project}, then the Recipient will be solely
responsible to provide all funds necessary to complete the Project and the Department will not be obligated
to provide any additional funding for the Project. The Recipient waives the right to contest such removal of
funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related
to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department
will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred
under this Agreement until after the Recipient has received a written NTP from the Department. The
Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department
issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement,
the Department District LAP Administrator should be notified as soon as possible.

c. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which will
be attached to and incorporated in this Agreement in the event state funds are used on the Project.

d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.

e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessary funds for completion of the Project.

f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
submissions using Department-designated information systems.

g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal
and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and
procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account
of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount

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claimed is not eligible, federal participation may be approved in the amount determined to be adequately
supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts
are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total. For any amounts determined to be ineligible for federal reimbursement for which the Department has
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90
days of written notice.

h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared
using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later
than October 15 of each year.

8. Audit Reports:

The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to
audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with
all audit and audit reporting requirements as specified below.

a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements,
monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures
including, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to federal awards
provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations , or audits deemed
necessary by the Department, State of Florida Chief Financial Officer ("CFO"), or State of Florida Auditor General.

b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by
the Department through this Agreement is subject to the following requirements:

i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200, Subpart F -Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements. Exhibit "E" to this Agreement provides the required federal award
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F - Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must
consider all sources of federal awards based on when the activity related to the federal award occurs, including
the federal award provided through the Department by this Agreement. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -
Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part.

ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements.

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Page 7 of 15

iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit
Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
However, the Recipient must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for
each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR
Part 200, Subpart F - Audit Requirements, in federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of
the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than federal entities).

iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F -
Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months
after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200,
Subpart F - Audit Requirements, and this Agreement. However, the Department requires a copy of the audit
reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F - Audit Requirements.

v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient's audit
reporting package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal
award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F - Audit Requirements, the Department may impose additional
conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied
by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which
actions may include but not be limited to the following:

1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations (or in the case of the Department, recommend such a
proceeding be initiated by the federal awarding agency);
5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.

vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the
independent auditor's working papers, and project records as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

vii. The Department's contact information for requirements under this part is as follows:

Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
F DOTSingleAudit@dot.state. fl. us

c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State
of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working
papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued , unless extended in writing by the Department.

9. Termination or Suspension of Project:

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The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this
Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.

a. If the Department intends to terminate the Agreement. the Department shall notify the Recipient of such
termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions.

c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the
Project is located on the Department's right-of-way, then all work in progress on the Department right-of-
way will become the property of the Department and will be turned over promptly by the Recipient.

d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the
Agreement any funds that were determined by the Department to have been expended in violation of the
Agreement.

e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.

10. Contracts of the Recipient:

a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the qualifications
of any consultant or contractor and to approve or disapprove the employment of such consultant or
contractor.

b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act and the federal Brooks Act.

c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this Agreement.
The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.

d. The Recipient shall require its consultants and contractors to take emergency steps to close any public
road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling
public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to
ensure the life, health, and safety of the travelling public, the LA must notify the District Construction
Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent
risk. The Department expects professional engineering judgment be applied in all aspects of locally
delivered projects. Defect management and supervision of LAP project structures components must be

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proactively managed, monitored, and inspected by department prequalified structures engineer(s). The
District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project
construction, whether or not the defects are considered an imminent risk to life, health, or safety of the
travelling public. When defects, including but not limited to, structural cracks, are initially detected during
bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local
agency that owns or is responsible for the bridge construction has the authority to immediately close the
bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with
the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns.

11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:

It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement.

The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.

12. Compliance with Conditions and Laws:

The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,"
in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.

13. Performance Evaluations:

Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and
provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.

a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the
Project in accordance with applicable federal and state regulations, standards and procedures, with minimal
District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the
project.

b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.

14. Restrictions, Prohibitions, Controls, and Labor Provisions:

During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:

a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient
pursuant thereto. The Recipient shall include the attached Exhibit "C", Title VI Assurances in all contracts

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with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.

b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.

c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.

d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.

e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Recipient.

f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Recipient or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present member,
officer or employee shall not participate in any action by the Recipient or the locality relating to such
contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in any Project, and shall require its
. contractors to insert in each of their subcontracts, the following provision:

"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."

The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.

g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.

15. Indemnification and Insurance:

a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third-party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.

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b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment,
in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the
Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for
the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third
parties in any manner arising out of this Agreement. This indemnification shall survive the termination of
this Agreement.

c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification)
who perform work in connection with this Agreement:

"To the extent provided by law, [ENTITY) shall indemnify, defend, and hold harmless the
(RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY), or any of its officers, agents, or
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by (ENTITY].

The foregoing indemnification shall not constitute a waiver of the Department's or (RECIPIENT']'s
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the
same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the
negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor
shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for
the negligent acts or omissions of the Department, its officers, agents, or employees, or third
parties. This indemnification shall survive the termination of this Agreement."

d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000
per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as
required by the State of Florida under the Workers' Compensation Law. With respect to any general liability
insurance policy required pursuant to this Agreement, all such policies shall be issued by companies
licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
showing the required coverage to be in effect with endorsements showing the Department to be an
additional insured prior to commencing any work under this Agreement. Policies that include Self Insured
Retention will not be accepted. The certificates and policies shall provide that in the event of any material
change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
be given to the Department or as provided in accordance with Florida law.

16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:

a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way, the Recipient
[gjshall
D shall not
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this

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Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement.

17. Miscellaneous Provisions:

a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any
loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits.
The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision
requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387).

b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.

c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Recipient and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default.

d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In
such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.

e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.

f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions
of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.

g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit
to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Recipient a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the
Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.

h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for advertisement
for or solicitation of bids for construction of the Project, including if no right-of-way is required.

i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the
Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose.

j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the Recipient, to any person for influencing or attempting to influence any officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any federal grant, the

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making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any
funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing
or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer
or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. The Recipient shall require that the language of this paragraph be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose
accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the
judicial branch or a state agency.

k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.

I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidelines,
procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.

m. The Recipient shall:


i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and

ii. expressly require any contractor and subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.

n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this
Agreement with a signature on behalf of a party will be legal and binding on such party.

o. The Parties agree to comply with s.20.055(5}, Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.

p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost
of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the
requirements of Section 255.0991, Florida Statutes.
18. Exhibits:

a. Exhibits "A", "B", "C", "D" , "E" and "F" are attached to and incorporated into this Agreement.

b. (8J If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is
attached and incorporated into this Agreement.

c. D Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method
is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached
and incorporated into this Agreement.

d. D State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.

e. D This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this
Agreement.

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f. D This Project includes funding for landscaping. If this Project includes funding for landscaping, then
Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement.

g. D This Project includes funding for a roadway lighting system. If the Project includes funding for roadway
lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this
Agreement.

h. f8I This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes
funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is attached
and incorporated into this Agreement.

i. f8I A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "0", Terms and
Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement.

j. D The following Exhibit(s) are attached and incorporated into this Agreement: N/A
k. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
* Exhibit G: FHWA Form 1273
* Exhibit H: Alternative Advance Payment Financial Provisions
* Exhibit I: State Funds Addendum -
* Exhibit J : State Financial Assistance (Florida Single Audit Act)
* Exhibit K: Advance Project Reimbursement
* Exhibit L: Landscape Maintenance
• Exhibit M: Roadway Lighting Maintenance
* Exhibit N: Traffic Signal Maintenance
* Exhibit 0: Terms and Conditions of Construction in Department Right-of-Way

• Additional Exhibit(s): N/A

* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.

RECIPIENT ORANGE COUNTY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: See attached signature page By:


Name: Name: C. Jack Adkins
Title: Title: Director of Transportation Development

Legal Review:

537 537
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.

RECIPIENT ORANGE COUNTY


By: Board of County Commissioners

By: _ _ _ _ _ _ _ _ __
Jerry L. Demings, County Mayor

Attest: Phil Diamond, CPA, County Comptroller


as Clerk of the Board of County Commissioners

By: _ _ _ _ _ _ _ _ _ __
Deputy Clerk

Printed name: _ _ _ _ _ _ _ _ _ __

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All Form 525-010-40A STATE OF FLO RIOA OEPARTMENT OF T RANSPORTATION 525-011--0A
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 05/21

EXHIBIT A

PROJECT DESCRIPTION AND RESPONSIBILITIES

FPN: 435526-1-58/68-01

This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and

Orange County (the Recipient)

PROJECT LOCATION:

D The project is on the National Highway System.


0 The project is on the State Highway System.

PROJECT LENGTH AND MILE POST LIMITS: See Project Description Below

PROJECT DESCRIPTION:

This project includes the construction of an additional eastbound left turn lane on Corporate Boulevard onto northbound
State Road 434 (Alafaya Trail) including improvements at the intersection, within Orange County.

Improvements include widening eastbound Corporate Boulevard to provide an additional left turn lane at the intersection
with State Road 434 (Alafaya Trail). The project limits are approximately 780 feet west of the intersection, along Corporate
Boulevard, through the intersection of State Road 434 (Alafaya Trail) and Corporate Boulevard. The project will also include
milling and resurfacing along the project limits on Corporate Boulevard as well as within the intersection. Other
improvements include the removal of existing concrete poles at the intersection and installation of four mast arms and
associated signal improvements, curb and gutter, removal and replacement of drainage inlets and pipes. Other construction
activities include clearing and grubbing, mobilization, maintenance of traffic, erosion control, excavation, embankment,
signing and pavement markings (including raised pavement markers), and sodding.

The proposed improvements at the intersection of State Road 434 (Alafaya Trail) and Corporate Boulevard include four
new mast arms, signals and associated signal improvements including pull and splice boxes, conduit, signal priority and
preemption system, traffic controller assembly, pedestrian detection system, adaptive signal control system, Intelligent
Transportation Systems (ITS) Closed Circuit Television (CCTV) camera, and internally illuminated sign.

Work to be constructed within the County (Recipient) and FOOT (Department) Right-of-Way. All right-of-way and easements
necessary for the proposed work have been acquired, and no additional acquisition is necessary.

All pedestrian features included shall adhere to current ADA standards.

Utility coordination will be required during construction and utility work schedules have been developed.

The following items are not eligible for federal reimbursement as they are considered non-participating :
• Pay Item 107-1, Litter Removal
• Pay Item 107-2, Mowing

FOOT (Department) will provide a maximum amount of $80,398 towards the cost of the proposed steel mast arms. Any
amount above this maximum amount will be the County's (Recipient's) responsibility.

Page 1 of 2

539 539
SPECIAL CONSIDERATIONS BY RECIPIENT:

Exhibit O - Terms and Conditions of Construction in Department Right-of-Way is included in all agreements. This exhibit
is only applicable if the Project involves construction on, under, or over the Department's right-of-way.

Based on the Recipient's Moderate financial risk level, this project requires submission and review of the "Project Monitoring
Status Report," invoices and supporting documentation on a quarterly basis. The initial invoice and progress report will be
submitted within 180 days of the Department's Notice to Proceed and quarterly thereafter. Required documents should be
submitted via email to D5-ConstructionSpecialProjects@dot.state.fl.us.

The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:

a) Construction contract to be let (Bid Opening) by July 05, 2023.


b) Construction Duration of 230 days.
c) Construction to be completed (Final Acceptance) by June 24, 2024.

If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.

SPECIAL CONSIDERATIONS BY DEPARTMENT:

Invoice payments will be made on a pro-rata basis as a percentage of the federal funding amount compared to the actual
award amount. Any contract changes/claims which result in federal aid ineligible cost and/or time will be the sole
responsibility of the Recipient. Such changes may include, but are not limited to, premium costs due to Design or CEI
errors or omissions, repairing items that had not been properly maintained, additional contract time and/or costs occurring
from utility delays, differing site conditions or other unforeseen conditions.

In the event the Project costs exceed the cost included in Exhibit "B", Schedule of Financial Assistance, the Recipient will
be solely responsible to provide the additional funds that are necessary to complete the Project.

The project funding may be reduced to an amount equal to the award amount and/or the actual contract costs.

The remainder of this page intentionally left blank.

Page 2 of 2

540
540
All Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B
PROGRAM
LOCAL AGENCY PROGRAM AGREEMENT MANAGEMENT
8/21
Page 1 of 1
EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER:
Orange County 435526-1-58/68-01
4200 South John Young Parkway
Orlando, FL 32837

MAXIMUM PARTICIPATION

(1)
TOTAL (2) (3) (4)
PHASE OF WORK Bv Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS

Jeslgn- Phase 38
$ __ $_ $ __ $ __
Y: (Insert Program Name)
(Insert Program Name) $ __ $-- $ __ $ __
Y:
l=Y: 0nsert Pronram Name\ $ $ $ $
Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00

Right-of-Way• Phase 48
-v: $ __ $ __ $ __ $ __
(Insert Program Name)
-v: (Insert PrQgram Name) $ -- $ __ $ __ $ __
l=Y: /Insert Prooram Name\ $ $ $ $
Total Riaht-of-Wav Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00

Construction• Phase 58
i:y; 2022-2023 (LAP) $ 1,330.227.00 $830,227.00 $ __ $ 500,000.00
-y; (Insert PrQgram Name) $ __ $ __ $ __ $ __
Y: (Insert Program Name) $ $ $ $
Total Construction Cost $ 1,330 227.00 $ 830,227.00 $ 0.00 $ 500,000.00

Constru ct ion Engineering and Inspec tion (CEI)- Phase 68


l=Y: 2022-2023 (LAP) $ 248 459.00 $ 183.459.00 $ __ $65,000.00
s::y: (Insert Program Name) $ __ $-- $ __ $ __
Y: /Insert Pronram Name\ $ $ $ $
Total CEI Cost $ 248,459.00 $183,459.00 $ 0.00 $65,000.00

Insert Phase)
i=y: $_ _ $-- $ __ $ __
(Insert Program Name)
$ __ $ __
>=Y:
i:v:
(Insert Program Name)
/Insert Pronram Name\ $
$- -
$ $
$
$
--
Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00

TOTAL COST OF THE PROJECT $ 1,578,686.00 $ 1,013 686.00 $ 0.00 $ 565,000.00

COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:


I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.

Precious L. Lewis
District Grant Manager Name

Signature Date

541
54 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0C
All Form 525-010-40C
PROGRAM
LOCAL AGENCY PROGRAM AGREEMENT MANAGEMENT
05/21
Page 1 of 2

EXHIBIT C

TITLE VI ASSURANCES

During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred lo as the "contractor") agrees as follows:

(1,) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USOOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.

(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall
not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub-
contractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.

(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color,
national origin, or sex.

(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions .
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Tra nsportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.

(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration ,
Federal Aviation Administration, or

542
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525-01 1-0C
PROGRAM MANAGEMENT
05/21
Page 2 of2

Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited
to:

a. withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.

(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in
every sub-contract, including procurements of materials and leases of equipment, unless exempt by the
REGULA T/ONS, or directives issued pursuant thereto. The contractor shall take such action with respect
to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier
Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened
with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request
the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
Department of Transportation, and, in addition, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.

(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis
of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC
§ 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and Ill of the Americans with Disabilities Act,
which prohibit discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
-- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority and low-income
populations; Executive Order 13166, Improving Access to SeNices for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because
of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).

543
543
All Form 525,010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525,011·0D
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 05/21
Page 1 of 1

EXHIBIT D

RECIPIENT RESOLUTION

The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.

544 544
Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0E
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 11/22
Page 1 of 1

EXHIBIT E

FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

CFDA No.: 20.205


CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program https ://beta.sam.gov/fal/1093726316c3409a8e50f4c7 5f5ef2c6/view?keywords=20.205&sort=-
Site: relevance&index=cfda&is active=true&page=1
Award Amount: $565,000.00
Awarding Florida Department of Transportation
Agency:
Award is for No
R&O:
Indirect Cost N/A
Rate:

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE


FOLLOWING:

2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal
Awards
http://www.ecfr.gov/cgi-bin/text-idx?node=2: 1.1.2 .2 .1

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:

Title 23 - Highways, United States Code


http://uscode.house. gov/browse/pre Ii m@title23&edition=prelim

Title 49 - Transportation, United States Code


http://uscode.house.gov/browse/prelim@title49&edition=prelim

Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law")
https://www.congress.gov/117/bills/hr3684/B1LLS-117hr3684enr.pdf

Federal Highway Administration - Florida Division


http://www.fhwa.dot.gov/fldiv/

Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
https://www.fsrs.gov/

545
545
All Form 525--010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525--011--0F
PR OGRAM
LOCAL AGENCY PROGRAM AGREEMENT MANAGEMENT
05121
Page 1 of2

EXHIBIT F

CONTRACT PAYMENT REQUIREMENTS


Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts

Invoices for cost reimbursement contracts must be supported by an itemized listing of


expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall
be submitted for each amount for which reimbursement is being claimed indicating that
the item has been paid. Documentation for each amount for which reimbursement is
being claimed must indicate that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the
dates of service. Only expenditures for categories in the approved agreement budget may
be reimbursed. These expenditures must be allowable (pursuant to law) and directly
related to the services being provided.

Listed below are types and examples of supporting documentation for cost
reimbursement agreements:

Salaries: Timesheets that support the hours worked on the project or activity must be
kept. A payroll register, or similar documentation should be maintained. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.

Fringe benefits: Fringe benefits should be supported by invoices showing the amount
paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.

Travel: Reimbursement for travel must be in accordance with s. 112.061 , F.S., which
includes submission of the claim on the approved state travel voucher along with
supporting receipts and invoices.

Other direct costs: Reimbursement will be made based on paid invoices/receipts and
proof of payment processing (cancelled/processed checks and bank statements}. If
nonexpendable property is purchased using state funds, the contract should include a
provision for the transfer of the property to the State when services are terminated .
Documentation must be provided to show compliance with OMS Rule 60A-1.017, F .A.C.,
regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in s. 273.02, F.S., for
subsequent transfer to the State.

Indirect costs: If the contract stipulates that indirect costs will be paid based on a
specified rate, then the calculation should be shown. Indirect costs must be in the
approved agreement budget and the entity must be able to demonstrate that the costs
are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for
reasonableness and for allowability and must be allocated consistently.

546 546
Contracts between state agencies may submit alternative documentation to
substantiate the reimbursement request, which may be in the form of FLAIR reports
or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState
Expenditures.pdf.

547
547
Alf Form 525•010-40G STATE OF FLORIDA DEPARTMEITT OF TRANSPORTATION 525-011-0G
PROGRAM MANAGEMEITT
LOCAL AGENCY PROGRAM AGREEMENT 05/21
Page 1 of 1

EXHIBIT G

FHWA FORM 1273


FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC - COMPLIANCE


WITH FHWA 1273.

The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA-1273 may also be
referenced on the Department's website at the following URL address:
http://www.fhwa.dot.gov/proq ramadmin/contracts/1273/1273.pdf

Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this
information and comply with all provisions contained in FHWA-1273.

548
548
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 0-40N
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC -09/18
Page 1 of 2

EXHIBIT "N"

TRAFFIC SIGNAL MAINTENANCE

Paragraph 16. is modified to include the following provisions:

1. When the District Traffic Operations Engineer of the Department has served a request order on the Recipient, and the
designated officer of the Recipient has favorably acknowledged the request order, the Recipient shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request
order.

2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the
Recipient in conjunction with the Department prior to installation. Such design and operation will be as energy
efficient as possible.

3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance
with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.

4. The Recipient shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical
charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their
installation. In the case of construction contracts, the Recipient shall be responsible for the payment of electricity and
electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall
undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance
of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor
and the Department, during the burn-in period between conditional and final acceptance, are contained in the most
recent Department's Standard Specifications for Road and Bridge Construction.

5. The Recipient shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and
efficient movement of highway traffic and that agree with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Recipient's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service,
and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or
damage). The Recipient shall record its maintenance activities in a traffic signal maintenance log which shall contain,
as a minimum, traffic signal log details recommended by the IMSA.

6. The Recipient may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer
and is capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Recipient.

7. The Recipient shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's
timing and phasing plans, specifications or special provisions. The Recipient may make modifications in phasing of
traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or
for the Recipient in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of
Florida. The Recipient may make changes in the signal timing provided these changes are made under the direction
of a qualified Professional Engineer. The Recipient shall send a signed and sealed copy of the timings to the
Department immediately after installation. The Department reserves the right to examine equipment, timing, and
phasing at any time and, after consultation with the Recipient, may specify modifications. If the Department specifies
modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the
Recipient.

549
549
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-<I0N
PROGRAM MANAGEMEITT
LOCAL AGENCY PROGRAM AGREEMENT OGC-09/18
Page 2 of 2

8. The Recipient shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings
and any approval documentation in a file.

9. The Recipient may enter into agreements with other parties pertaining to traffic signals and signal systems including,
but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with the
mutual covenants contained in this Exhibit. The Recipient shall furnish a copy of such agreements to the Department.

10. This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any replacement
equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance
and Compensation Agreement between the Department and the Recipient.

550
550
All Form 525-010-400 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00
P ROGRAM M ANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 05121
Page 1 ol 3

EXHIBITO

TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY

Section 17.g. of the Agreement is amended as follows for Const.ruction on the Department's Right of Way.

1. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all
portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the
Department for review prior to any work being commenced, and the following provisions shall apply:

a. The Project shall be designed and constructed in accordance with the latest edition of the Department's
Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual
of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate
by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the
Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Florida Department of
Transportation Design Manual ("FDM") and the Department Traffic Engineering Manual.

Designs that do not meet Department standards may be rejected by the Department at its sole discretion.
The Department may allocate Department-managed resources to facilitate compliance with applicable
design standards. If changes to the Department approved plans are required, the Recipient shall notify the
Department of the changes and receive approval from the Department prior to the changes being
constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work
needs of the Department during construction of the Project.

b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within,
under, or over Department right-of-way. The Recipient shall notify the Department should construction be
suspended for more than 5 working days. The Department contact person for construction is D5-
ConstructionSpecialProjects@dot.state.fl.us.

c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic
("MOT") throughout the course of the Project in accordance with the latest edition of the Department
Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and
making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version
of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that
deviates from the Department Design Standards must be signed and sealed by a professional engineer.
MOT plans will require approval by the Department prior to implementation.

d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility.

e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local
governmental entities.

f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements
located on, under, or over the Department's right-of-way resulting from this Agreement shall become the
property of the Department. Neither the granting of the permission to use the Department right-of-way nor
the placing of facilities upon the Department property shall operate to create or vest any property right to or
in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not
acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by
virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the
Recipient's use, occupancy or possession of Department right-of-way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency
requirements pursuant to Chapter 163, Florida Statutes.

551 551
525-011-00
PROGRAM MANAGEMENT
05/21
Page 2 of3

g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's
property, including but not limited to, the Department's right-of-way.

h. The Recipient shall perform all required testing associated with the design and construction of the Project.
Testing results shall be entered into the department's Materials Testing and Certification database
application and the department must provide the final Materials Certification for the Project. The Department
shall have the right to perform its own independent testing during the course of the Project.

i. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good
and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws,
codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be
constituted and amended from time to time, including, but not limited to, those of the Department, applicable
Water Management District, Florida Department of Environmental Protection, Environmental Protection
Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities.

j. If the Department determines a condition exists which threatens the public's safety, the Department may,
at its discretion, cause construction operations to cease and immediately have any potential hazards
removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The
Recipient shall bear all construction delay costs incurred by the Department.

k. The Recipient shall be responsible to maintain and restore all features that might require relocation within
the Department right-of-way.

I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or
health hazards that may result from construction operations.

m. The acceptance procedure will include a final "walk-through" by Recipient and Department personnel. Upon
completion of construction, the Recipient will be required to submit to the Department final as-built plans
and an engineering certification that construction was completed in accordance to the plans. Submittal of
the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan
sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of
this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's
property, machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same condition
that existed immediately prior to the commencement of the Project.

n. If the Department determines that the Project is not completed in accordance with the provisions of this
Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall
have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the
Recipient and the Department mutually agree to in writing, to complete the Project and provide the
Department with written notice of the same (the "Notice of Completion"). If the Recipient fails to timely
deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt
of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written
authorization granting such additional time as the Department deems appropriate to correct the
deficiency(ies); or 2) correct the deficiency(ies) at the Recipient's sole cost and expense, without
Department liability to the Recipient for any resulting loss or damage to property, including, but not limited
to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall
provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay
the invoice within thirty (30) days of the date.of the invoice.

o. The Recipient shall implement best management practices for erosion and pollution control to prevent
violation of slate water quality standards. The Recipient shall be responsible for the correction of any
erosion, shoaling, or water quality problems that result from the construction of the Project.

552
552
525-011-00
PROGRAM MANAGEMENT
05/21
Page J of J

p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the
vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these
sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted
immediately.

q. During construction, highest priority must be given to pedestrian safety. If permission is granted to
temporarily close a sidewalk, it should be done with the express condition that an alternate route will be
provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA)
standards.

r. Restricted hours of operation will be from TO BE DETERMINED PRIOR TO CONSTRUCTION , (DAYS OF


THE WEEK FOR RESTRICTED OPERATION TO BE DETERMINED), unless otherwise approved by the
Operations Engineer, or designee.

s. Lane closures on the state road system must be coordinated with the Public Information Office at least two
weeks prior to the closure. The contact information for the Department's Public Information Office is:

D5-PIO@dot. state .fl.us


Note: (Highlighted sections indicate need to confirm information with District Office or appropriate
DOT person managing the Agreement)

553
553
O~E Interoffice Memorandum I. CONSENT AGENDA
UTILITIES DEPARTMENT
1

CUrY
GOVERNMENT
F l., ORIDA December 21 , 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ,-. /
/ ,' /.
FROM: Ed Torres, M.S, P.E., LEED AP, Director / ~
Utilities Department /

SUBJECT: BCC AGENDA ITEM - Consent Agenda


January 24, 2023 BCC Meeting
Contract Hauler Compensation Rate Correction for 2022
Contact Person: Glenn Kramer, Manager
Utilities Fiscal & Operational Support Division
407 -254-9882

Orange County has contracted with waste hauling companies (Haulers) to provide residential
solid waste and recyclable materials collection service through the Mandatory Ref use and
Recycling Program (Program). Section 32-183 of the Orange County Code requires that the
Board set the annual compensation rate to the contract waste hauling companies for collection
of solid waste and recyclable material. The compensation rate for the Haulers is adjusted eoch
year according to a methodology in the Haulers' contracts that uses two indexes published by
the Bureau of Labor Statistics (BLS). The BLS data is published in a preliminary status and
may change for up to four months after each month's data is first published.

The Haulers' compensation rate was calculated for 2022, and this was brought to the Board in
2021 for approval. However, after the agenda package was sent to the Board, there was a late
change in the BLS data before it was finalized. This resulted in slight increase to the calculation
for each hauler compensation rate.

In order to complete the compensation owed to the Haulers for services rendered in 2022, we
have prepared a resolution. This resolution will authorize a true-up payment to each of the
haulers based on the correct compensation rates, and it will revise the rates for 2022 so that
any future payment adjustments that are processed for 2022 will be adjusted at the correct
compensation rates.

The County Attorney's Office has reviewed the resolution and finds it acce ptable as to form and
content. The Utilities Department recommends approval.

Action Requested: Approval and execution of Resolution of the Orange County


Board of County Commissioners regarding Establishing
Corrected Rates for 2022 for Contract Haulers for Solid
Waste Collection and Recycling Services; Providing for a
True-Up Payment for Services Rendered in 2022; and
Providing for an Effective Date.

All Districts.

554
554
U §(0)IL1IJ1Til(0)N
2 ofthe
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
4 regarding
. ESTABLISHING CORRECTED RATES FOR 2022
6 FOR CONTRACT HAULERS FOR SOLID WASTE
COLLECTION AND RECYCLING SEilVICES;
s PROVIDING FOR A TRUE-UP PAYMENT FOR.
SERVICES RENDERED IN 2022; AND PROVIDING
10 FOR AN EFFECTIVE DATE.
12 Resolution No. - - -

14 WHEREAS, Section 32-160G)(l), Orange County Code, addresses full solid waste and
recycling collection service (full service) and requires that all persons owning property entitled
16 to full service shall be obligated to pay a charge established by the Board for such full service;
and
18
WHEREAS, Section 32- l 60G)( 1), Orange County Code, requires that the assessments
20 necessary to fund the program shall be established by resolution of the Orange County Board of
County Commissioners (the "Board") after public hearing with public notice in the same manner
22 as for County ordinances; and

24 WHEREAS, the Board adopted Resolution No. 2021-M-32 (the "Resolution") at a duly
noticed public hearing on September 9, 2021, establishing the calendar year 2022 full service
26 special assessment rate; and

28 WHEREAS, the Resolution also established the compensation rates for the contract
haulers for residential solid waste collection and recycling services in unincorporated Orange
30 County; and

32 WHEREAS, such compensation rates were based on a methodology outlined in the


hauler contracts using two indexes published by the Bureau of Labor Statistics (the "BLS"); and
34
WHEREAS, the BLS data is published in a preliminary status and may change for up to
36 four months after each month's data is first published; and

38 WHEREAS, the index data used to calculate the price adjustments for the 2022 hauler
compensation rates changed after being initially published, resulting in a slight change in the
40 calculation for each hauler compensation rate; and

555
555
2

42 WHEREAS, the index data changed after the hauler compensation rates were calculated
and sent to the Board in the Resolution so that the adopted rates are slightly lower than the
44 finalized calculation; and

46 WHEREAS, the Board now desires to make a one-time year-end true up payment to each
hauler in order to complete the compensation owed to each hauler for services rendered in 2022;
48 and

50 WHEREAS, the Board also desires to correct the 2022 hauler payment rates so that any
compensation adjustments for 2022 and made after 2022 will be based on the correct
52 compensation rates; and

54 WHEREAS, nothing herein shall alter or amend the calendar year 2022 full service
special assessment rate.
56
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

58 COMMISSIONERS OF ORANGE COUNTY:

Section 1. The annual rate of compensation paid to the contract haulers for solid waste

60 collection and recycling services provided in calendar year 2022 is revised and set as follows:

ZONEl $141.45 PER RESIDENTIAL UNIT


62 ZONE2 $174.97 PER RESIDENTIAL UNIT
ZONE3 $152.34 PER RESIDENTIAL UNIT
64 ZONE4 $123.55 PER RESIDENTIAL UNIT
ZONES $125.74 PER RESIDENTIAL UNIT
66
Section 2. The Board authorizes a one-time true-up payment for each zone made to the

68 contract haulers in order to complete their compensation for calendar year 2022. Such true-up

payments will be determined by calculating the payments that were due each month to each

70 contract hauler for each zone for services rendered in 2022 based on the revised compensation

rates listed herein and subtracting the actual monthly payments made for each zone to each

72 hauler for services rendered in 2022.

Section 3. This resolution shall take effect immediately.

556
556
3
74

76 ADOPTED this _ _ day of _ _ _ _ _ _ _ _, 2023

78
ORANGE COUNTY, FLORIDA
80 By: Board of County Commissioners

82 By: - - -- - - -- --
Jerry L. Demings
84 County Mayor

86

88
ATTEST: Phil Diamond, CPA, County Comptroller
90 As Clerk of the Board of County Commissioners

92 By: _ _ __ __ __ __ _ __
Deputy Clerk
94

96

98
100

102
104

557 557
II. INFORMATIONAL ITEMS
COUNTY COMPTROLLER
1

OFFICE OF THE COMPTROLLER


PHIL DIAMOND, CPA
ORANGE County Comptroller
COUNTY 201 South Rosalind Avenue
Post Office Box 38
FLORIDA Orlando, Florida 32802
Telephone: 407-836-5690
Fax: 407-836-5599
Website www.occompt.com

COUNTY COMMISSION AGENDA


Tuesday, January 24, 2023

COUNTY COMPTROLLER

Informational only - No Board action required

Receipt of the following items to file for the record:

a. Florida Public Service Commission Order Approving Florida Power & Light
Company's Implementation of the Inflation Reduction Act Provisions. In re : Petition
for limited proceeding to approve refund and rate reduction resulting from
implementation of Inflation Reduction Act, by Florida Power & Light Company.

b. City of Orlando Council Agenda Item for the meeting of December 5, 2022. 2nd
Reading Consideration of the Ordinance 2022-70 with Exhibit A (Legal
Description), Exhibits B, C, D, (Future Land Use and Zoning Maps), City of Orlando
Fiscal Impact Statement and Orlando Sentinel Notice of Proposed Enactment.
Ordinance 2022-70 entitled: An ordinance of the City council of the City of Orlando,
Florida, annexing to the corporate limits of the city certain land generally located
north of Barley Street, south of Edgemoor Street, east of S. Fanfair Avenue, west
of S. Ivey lane, and comprised of 1.85 acres of land, more or less, and amending
the city's boundary description; amending the city's adopted growth management
plan to designate the property as office-low intensity on the City's official future
land use maps; designating the property as low intensity office residential on the
city's official zoning maps; providing for amendment of the City's official future land
use and zoning maps; providing for severability, correction of scrivener's errors,
permit disclaimer, and an effective date.

Informational items are viewable at https://occompt.legistar.com/Calendar.aspx

558 558
111. DISCUSSION AGENDA
ADMINISTRATIVE SERVICES
DEPARTMENT
1

December 28, 2022


GOV , ENT To: Mayor Jerry L. Demings
F L O R J D A
-AND-
County Commissioners

Carrie Mathes, CFCM, NIGP-CPP, CPPO, C.P.M., Manager II,


Procurement Division

Contact: Lindy A. Wolfe, P.E, Manager II, Utilities Engineering Division


407 -254-9918

Subject: Consultant Selection, Request for Proposals Y22-906-ZR, Continuing


Professional Services for Water Resources Program

RECOMMENDATION:

Selection of one firm and an alternate to provide Continuing Professional Services for
Water Resources Program, Request for Proposals Y22-906-ZR, from the following
firms listed alphabetically.

• Arcadis U.S., Inc.


• Carollo Engineers, Inc.

Request the Board to authorize execution of the final contract by the Procurement
Division to establish hourly rates for future requirements for an initial thre.e-year term
with_two one-year renewals. Further request authorization for the Procurement Division
to formally terminate negotiations with the top ranked firm, if we are unable to come to
a favorable negotiated agreement, and commence negotiations with the next ranked
alternate.

The Procurement Committee evaluated the proposals on December 14, 2022.


Commissioner Emily Bonilla was assigned to the Procurement Committee.

PURPOSE:

This contract will provide continuing professional services water resources program for
water, wastewater and reclaimed water systems to the Utilities Department. Services
under this contract will include study, planning, permitting, ground and surface water
modeling, water resources program management,· geographic information system and
hydraulic modeling, design related to permitting, construction administration, utility
master planning, and capital improvement program project management as needed.

DISCUSSION:

Two proposals were received in response to this Request for Proposals (RFP). The
Procurement Committee evaluated the proposals in accordance with the criteria set
forth in the RFP.

The scores of the Procurement Committee are attached.

559 559
Procurement Committee Meeting - December 14, 2022 at 1:00PM
Y22-906-ZR, Continuing Professional Services for Water Resources Program

Project Project Dislocated Tota l Weighted


CRITERIA
Manager Professional
Project Tea m Scope vow Location M/WBE SDV {Bl
Workers (B) Points

Weighted Value 15 10 15 30 5 10 15 5 15 120

(B) Indicates Bonus Points (Maximums Bonus Points Above)


Similar Projects Requested 4 4

Arcadis U.S., Inc 56.25 50.00 60.00 105.00 20.00 20.00 75.00 0 .00 4.00 390.25

Caro llo Engineers, Inc. 75.00 50.00 63.75 142.50 20.00 50.00 75.00 0.00 0.00 476.25

P~ STRUCTURE:
l~ r 4= Above Avg.
2~ ow Avg. S= Excellent 560
3= Average
INTEROFFICE MEMORANDUM

F L O II I ll .A
WSINr.SSDl'.Vl'.l.Ol'Mt:NT
DIVISION
December 13, 2022

TO: Zuleimy Ralat Perez, Contracting Agent


Procurement Division

FROM: Angela Brown, Senior Contract Administrator


Business Development Division

· SUBJECT: Business Development Division M/WBE Proposal Evaluation for RFP


Y22-906-ZR / Continuing Professional Services for Water Resources
Program , //'J
APPROVED: ~ ~
Below are the respondents to the subject RFP with their firm's certified Minority/Women
Business Enterprise (M/WBE) sub-consultants, Minority Business Enterprise Workforce and
Women Business Enterprise Workforce goals:

1. ARCADIS U.S., INC.


Majority Prime

M/WBE Sub- M/WBE Projected Sub-consultants Role


consultant(s) Classification %
Barnes, Ferland and AFAM 3% Hydrogeology, Survey, Civil &
Associates, Inc. Environmental Consultino
Liquid Solutions Group, HM 30% Water Resource -Engineering,
LLC Civil and Environmental
Enoineerino

Total M/WBE Participation Proposed: 33%


M/WBE Sub consultant participation Weighted Score: 37.5

Total M/WBE Workforce: 23%


Total WBE Workforce: 35%
Minority Workforce and Women Workforce Weighted Score: 37.5

Total M/WBE Participation Weighted Score: 75

1 561
I Page 561
Registered Service-Disabled Points SDV Sub-consultant Role
Veteran(s)
(SDV) Sub-consultant
*Drummond and Carpenter 2 Stormwater Consulting, Civil &
Environmental Engineering
Consultina
Alliance Design and 2 *Civil Engineering, Construction
Construction, Inc. Inspection and Manaaement

*Proposer identified this firm as Drummond and Carpenter on Form B and Form M-2
on their proposal submittal. The firm is an Orange County registered SDV under the
name of Drummond Carpenter, PLLC.

*SDV is not registered by Orange County to perform the role of Civil Engineering.
Additional clarification is needed on this role.

Registered SDV(s) Proposed: 2


SDV Bonus Points: 4

Dislocated Worker(s) Proposed: 0


Dislocated Worker(s) Bonus Points: 0

Total Bonus Points: 4


(Includes SDV & Dislocated Workers)

2. CAROLLO ENGINEERS, INC.


Majority Prime

M/WBE Sub- M/WBE Projected Sub-consultants Role


consultant(s) Classification %
Liquid Solutions Group, HM 33% Civil Engineering, Environmental
LLC Engineering, and Other
Engineering Services
Barnes, Ferland and AFAM 1% Engineering, Geology, Survey,
Associates, Inc. Groundwater, and Environmental
Consultina Services

Total M/WBE Participation Proposed: 34%


M/WBE Sub consultant participation Weighted Score: 37.5

Total M/WBE Workforce: 25%


Total WBE Workforce: 33%
Minority Workforce and Women Workforce Weighted Score: 37.5

Total M/WBE Participation Weighted Score: 75

2 1P age
562 562
Registered Service-Disabled Points SDV Sub-consultant Role
Veteran(s)
(SDV) Sub-consultant
None

Registered SDV(s) Proposed: 0


SOV Bonus Points: 0

Dislocated Worker(s) Proposed: 0


Dislocated Worker(s) Bonus Points: 0

Total Bonus Points: 0


(Includes SDV & Dislocated Workers)

3 IP age
563 563
01
.~,E. It]
Interoffice Memorandum

111. DISCUSSION AGENDA

C UNTY
GOVERNMENT
COUNTY MAYOR
1

l'LO ltI DA

December 12, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners IA , . . ,
-1)
FROM: Kelley Teague, Director, Legislative Affairs Office IP 0
PHONE: 407-836-5423

SUBJECT: January 24, 2023 - Discussion Item


Legislative Update

At the Board meeting on January 24, 2023, I will provide an overview of the
2023 State Legislative Session to date, including issues of importance to
Orange County.

ACTION REQUESTED: Approval of 2023 State Legislative


Priorities. All Districts.

564 564
Ill. DISCUSSION AGENDA

gr:
Interoffice Memorandum COUNTY ADMINISTRATOR
1

_January 9, 2023
GOVERNMENT
I' I, 0 R I I) A TO: Mayor Jerry L. Demings
-AND-
County Commissioners

FROM: Lisa Snea~~ 1 f


Assistant{96~ Administrator
County Administrator's Office
CONTACT: 407-836-5610
SUBJECT: Discussion Item - January 24, 2023
Commissioner Office Staffing Levels
The current policy regarding commissioner office staffing was adopted in
August 2004. It provides for two full-time staff for each commissioner, with the
combined salaries not exceeding the combined salaries of either two
administrative assistants or a combination of one executive secretary and one
administrative aide. During the budget work sessions in July 2022, there was
discussion regarding a request to add another full-time aide to each
commissioner's budget, as well as remove policy restrictions to allow for more
flexibility in meeting staffing needs.

Staff will provide ·a presentation with background information regarding the


current staffing policy, current staffing budget, and comparative data on
staffing levels from other governmental agencies. If the Board wishes to add
another full-time position and to remove restrictions regarding the type of
positions, an amendment to the current BCC staffing policy and to the FY 22-
23 budget would be necessary.

LLS/es
c: Byron W. Brooks, AICP, County Administrator
Carla Bell Johnson, AICP, Deputy County Administrator

565
565
IV. WORK SESSION AGENDA
COUNTY ADMINISTRATION
Interoffice Memorc 1

GOVERNMENT
F L O RIDA

January 9, 2023

TO: Mayor Jerry L. Demings


- AND -

FROM: Byron W. Brooks "4ll!l~l"'""ttA


County Administrat

CONTACT PERSON: Lucas Daniel Boyce


Assistant to the County Administrator, County Administration
(407) 836-5379

SUBJECT: January 24 - Work Session Item


Review of Chapter 35, Towing Rates & Fees

In July 2021, towing industry representatives contacted County staff to propose changes to the County's
towing ordinance, located in Chapter 35 of the Orange County Code. The industry stated that over the past
several years they have experienced operational expense increases for items such as insurance premiums,
trucks, and equipment, staffing and training, and requested Orange County consider changes to its towing
ordinance rate structure to adjust to those cost increases.

On September 27, 2022, staff presented a work session that provided background, a comparative analysis
of rates in other Florida jurisdictions, along with consumer price index calculations, information on industry
cost increases, and their requested changes to rates and fees in chapter 35. At that work session, Board
members requested that staff conduct additional research and gather more information relating to a host of
market indicators inclusive of consumer protection provisions, standard response requirements, and towing
industry market data.

On January 24, 2023, staff will present a second work session in response to the feedback, additional
inquiries, and concerns raised during the September 27, 2022 work session. Staff will outline towing
industry market data and key statistics from a national, state, and local perspective. Other items to be
presented include provisions in place to ensure the general welfare of the public, revised consumer price
index calculations, analysis of the industry's proposed rates, and specific staff recommendations with
respect to rates, fees, annual inflation adjustments, special equipment, forms of payment, and
administrative fees.

This item is for your information . If there is a consensus among the Board on revising our fee schedule in
addition to other proposals presented by the industry and staff recommendations, a public hearing will be
scheduled for a future date.

C: Jeffrey Newton, County Attorney


Jon Weiss, Deputy County Administrator
Alan Marshall, Assistant to the Director, Planning Environmental Development Services
Scott D. Shevenell, Attorney, County Attorney's Office

566
566
Interoffice Memora ·
~E IV WORK SESSION AGENDA
PLANNING, ENVIRONMENTAL, AND

CWY
GOVERNMENT
FLOIIIDA
DEVELOPMENT SERVICES
DEPARTMENT
1

December 9, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Tim Boldig, Interim Direc~


Planning, Environmental, and Development
Services Department

CONTACT PERSON: David D. Jones, P.E., CEP, Manager


Environmental Protection Division
407-836-1406

SUBJECT: January 24, 2023 - Work Session


State of the Wetlands Study

Staff are currently reviewing standards and processes to update Chapter 15, Article X -
Wetland Conservation Areas Ordinance (Ordinance). This effort includes two studies that
will be covered over a span of two work sessions, with a third work session to discuss
recommendations for updates to the Ordinance to follow. The goals of the Ordinance
revision, which the studies will support. include: -

• identify and protect wetlands and surface waters that are most important
or valuable,
• balance protections for wetlands with property rights,
■ make processes and outcomes more streamlined, predictable and
consistent, and
■ make the Ordinance less complicated and easier to understand.

On December 13, 2022, the Environmental Protection Division (EPD) presented the
Regulatory Framework Study work session. The work session provided an overview of
the study; a summary of findings; feedback received from interviews with regulatory staff
of six county governments that do wetlands permitting, environmental consultants, and
local environmental advocacy organizations; and key takeaways regarding how wetlands
are regulated in other jurisdictions.

On January 24, 2023, staff will present a second work session regarding the State of the
Wetlands Study. The scope of the study includes:

■ comparison of the historic inventory and condition of the County's wetland


resources with present day conditions,

567 567
Page 2
January 24, 2023 - Work Session
State of the Wetlands Study

■ estimation of cumulative wetland impacts and assessment of ecosystem


services associated with loss of wetland function,
• evaluation and spatial assessment of wetlands over time, including ~1989
(coinciding with adoption of wetland ordinance) and approximately every
10 years thereafter, and
■ estimation of the secondary effects of wetland loss through modeling of
conceptual development scenarios; analysis of conventional development
versus Low Impact DevelopmenUgreen infrastructure approaches to
assess differences (or similarities) in impacts to threatened and
endangered species, aquifer recharge, flood control, and water quality.

Finally, on April 11, 2023, EPD will present a work session on recommendations for the
Ordinance update. At this work session, staff will present an overview of the two prior
work sessions as well as potential future policies and processes that could be considered
to help strengthen environmental protections and improve the Ordinance.

This item is for informational purposes only; no action is required.

DDJ/TB/jk/js

568
568
GOVERNMENT
FLORIDA

Recommendations Booklet

H ern ing D ote:

January 5, 2023
Zoning Division 569
BOARD OF ZONING ADJUSTMENT (BZA)

ORANGE COUNTY GOVERNMENT

Board Member District

Thomas Moses 1

John Drago (Vice Chair) 2

Juan Velez 3

Deborah Moskowitz (Chair) 4

Joel Morales 5

Charles J. Hawkins, II 6

Roberta Walton Johnson At Large

BZA Staff

Ted Kozak, AICP Chief Planner

Taylor Jones Chief Planner

Nick Balevich Planner II

Jenale Garnett Planner I

570
ORANGE COUNTY BOARD OF ZONING ADJUSTMENl
RECOMMENDATIONS
JANUARY 5, 2023
Commission Staff BZA
Case# Applicant District Recommendation Page#
VA-23-01-148 Gabriel Teles 1 Continuance Continuance 1

Approval
VA-22-12-125 Ryan Thompson 5 Approval w/Conditions 2
w/Conditions

Sheila Cichra For Streamline Approval


VA-23-02-155 4 Approval w/Conditions 15
Permitting, Inc. w/Conditions

Approval
SE-22-10-109 Nicole Phillips Hollis For Bridge 6 Approval w/Conditions 28
To Independence w/Conditions

Approval
VA-23-01-145 Yanira Dominguez 4 Denial 41
w/Conditions

Approval
VA-22-12-135 Christian Klein 6 Approval w/Conditions 54
w/Conditions

Approval
VA-23-01-146 Eduardo Bertinatti 3 Denial 69
w/Conditions

Requests #1 and #2
Requests #1 and #2
Approval
Approval w/Conditions
VA-22-09-083 Ednert Thomas 2 w/Conditions 83
Requests #3 and #4
Requests #3 and #4
Denial
Withdrawn

Kristy Waldon For Waldon Approval


SE-23-01-147 Professional Funeral & 2 Approval w/Conditions 98
w/Conditions
Cremation Services

Arthur Harding For Korean Approval


SE-22-10-107 1 Approval w/Conditions 112
Presbyterian Church w/Conditions 571
SE-23-02-153 Mattaniah Jahn For Vertical 3 Continuance Continuance 127
Bridge

Request #1 Approval
w/Conditions Denial
SE-22-07-047 McGregor Love For Growing 1 128
Request #2 Denial
Minds School

Approval
VA-23-02-169 Nasser Aburish For Able Linen 3 Denial 153
w/Conditions

Please note that approvals granted by the BZA are not final unless no appeals are filed within 15
calendar days of the BZA's recommendation and until the Board of County Commissioner (BCC)
confirms the recommendation of the BZA on Jan 24, 2023.

572
ORANGE COUNTY
ZONING DISTRICTS
Agricultural Districts

A-1 Citrus Rural


A-2 Farmland Rural
A-R Agricultural-Residential District
Residential Districts
R-CE Country Estate District
R-CE-2 Rural Residential District
R-CE-5 Rural Country Estate Residential District
R-1, R-lA & R-lAA Single-Family Dwelling District
R-lAAA & R-lAAAA Residential Urban Districts
R-2 Residential District
R-3 Multiple-Family Dwelling District
X-C Cluster Districts (where X is the base zoning district)
R-T Mobile Home Park District
R-T-1 Mobile Home Subdivision District
R-T-2 Combination Mobile Home and Single-Family Dwelling District
R-L-D Residential -Low-Density District
N-R Neighborhood Residential
Non-Residential Districts
P-0 Professional Office District
C-1 Retail Commercial District
C-2 General Commercial District
C-3 Wholesale Commercial District
1-lA Restricted Industrial District
1-1/1-5 Restricted Industrial District
1-2/1-3 Industrial Park District
1-4 Industrial District
Other District
P-D Planned Development District

U-V Urban Village District


N-C Neighborhood Center
N-A-C Neighborhood Activity Center

573
SITE & BUILDING REQUIREMENTS
Orange County Code Section 38-1501. Basic Requirements

District Min. lot area (sq. ft.) m Min. living Min. lat width Min. front yard Min. rear Min. side yard Max. building Lake
area (sq. ft.) (ft.) {ft.} a yard {ft.Jo {ft.) height {ft.) setback
{ft,)
A-1 SFR - 21,780 (½ acre) 850 100 35 so 10 35 a
Mobile Home - 2 acres
A -2 SFR - 21,780 (½ acre) 850 100 35 so 10 35 a
Mobile Home - 2 acres
A-R 108, 900 (2½ acres) 1,000 270 35 so 25 35 a
R-CE 43,560 (1 acre) 1,500 130 35 so 10 35 a

R-CE-2 2 acres 1,200 250 45 so 30 35 a

R-CE-5 S acres 1,200 185 so so 45 35 a

R-lAAAA 21,780 (1/2 acre) 1,500 110 30 35 10 35 0

R-lAAA 14,520 (1/3 acre) 1,500 95 30 35 10 35 a

R-lAA 10,000 1,200 85 25 h 30 h 7.5 35 a

R-lA 7,500 1,200 75 20h 25 h 7.5 35 a

R-1 5,000 1,000 so 20 h 20 h Sh 35 a

R-2 One-family dwelling, 1,000 45 C 20 h 20 h Sh 35 a


4,500
Two dwelling u nits 500/1,000 80/90 d 20h 30 Sh 35 a
(DUs), 8,000/9,000 per DU
Three DUS, 11,250 500 per DU 8Sj 20h 30 10 35 a
Four or more DUs, SOO per DU 8Sj 20h 30 10 b 35 a
15,000
R-3 One-family 1,000 45 C 20h 20h 5 35 a
dwelling, 4,500
Two DUS, 8,000/ 9,000 500/1,000 80/90 d 20h 20h Sh 35 a
per DU
Three dwelling 500 per DU 85j 20 h 30 10 35 a
units, 11,250
Four or more DUs, 500 per DU 85j 20h 30 10 b 35 a
15,000
R-L-D N/A N/A N/A 10 for side entry 15 Oto 10 35 a
garage, 20 for
front entry
garage
R-T 7 spaces per gross acre Park size Min. mobile 7.5 7.5 7.5 35 a
min. S acres home size
8 ft. X 35 ft.
R-T-1

SFR 4,500c 1,000 45 25/20 k 25/20 k 5 35 a

Mobile 4,500 C Min. mobile 45 25/20 k 25/20 k 5 35 a


home home size 8
ft, X 35 ft.
R-T-2 6,000 SFR 500 60 25 25 6 35 a

(prior to Min. mobile


1/29/73) home size 8
ft. x35 ft.
R-T-2 21,780 SFR 600 100 35 so 10 35 a
(after ½ acre
1/29/73) Min. mobile
home size 8
ft. X 35 ft.

574
District Min. lot oreo (sq. ft.) m Min. living Min. lot width Min. front yard Min. rear Min. side yard Max. building Lake
area (sq. ft.) (ft.) (ft.}a yard (ft.}a (ft.) height (ft.) setback
(ft.)
NR One-family dwelling, 1,000 45 C 20 20 5 35/3 stories k a
4,500
Two DUs, 8,000 500 per DU 80/90 d 20 20 5 35/3 stories k a

Three DUs, 11,250 500 per DU 85 20 20 10 35/ 3 stories k a

Four or more DUs, 500 per DU 85 20 20 10 50/4 stories k a


1,000 plus 2,000 per
DU

Townhouse, 1,800 750 per DU 20 25, 15 for rear 20, 15 for 0, 10 for end 40/3 stories k a
entry driveway rear entry units
garage
NAC Non-residential and 500 so 0/10 maximum, 15, 20 10,0if 50 feet k a
mixed use 60% of building adjacent to buildings are
development, 6,000 frontage must single-family adjoining
conform to max. zoning district
setback
One-family dwelling, 1,000 45 C 20 20 5 35/3 stories k 0

4,500
Two DUs, 11,250 500 per DU 80d 20 20 5 35/ 3 stories k a

Three DUS, 11,250 500 per DU 85 20 20 10 35/ 3 stories k a

Four or more DUs, 500 per DU 85 20 20 10 50 feet/ 4 a


1,000 plus 2,000 per stories, 65
DU feet with
ground floor
retail k
Townhouse, 1,800 750 per DU 20 25, 15 for rear 20, 15 for 0, 10 for end 40/3 tories k a
entry driveway rear entry units
garage
NC Non-residential and 500 so 0/10 maximum, 15, 20 10, 0 if 65 feet k a
mixed use 60% of building adjacent to buildings are
development, 8,000 frontage must single-family adjoining
conform to max. zoning district
setback
One-family dwelling, 1,000 45 C 20 20 5 35/3 stories k a
4,500
Two DUs, 8,000 500 per DU 80d 20 20 5 35/3 stories k a

Three DUs, 11,250 500 per DU 85 20 20 10 35/ 3 stories k a

Four or more DUs, 500 per DU 85 20 20 10 65 feet, 80 a


1,000 plus 2,000 per feet w ith
DU ground floor
retail k
Townhouse 750 per DU 20 25, 15 for rear 20, 15 for 0, 10 for end 40/3 stories k a
entry driveway rear entry units
garage
P-0 10,000 500 85 25 30 10 for one- and 35 a
two-story
bldgs., plus 2
for each add.
story
C-1 6,000 500 80 on major 25 20 0; or 15 ft . S0;or35 a
streets (see when abutting within 100 ft .
Art. XV); 60 for residential of all
all other district; side residential
streets e; 100 street, 15 ft. districts
ft. for corner
lots on major
streets (see
Art. XV)

575
District Min. lot area (sq. ft.) m Min. living Min. lot width Min. front yard Min. rear Min. side yard Max. building Lake
area (sq. ft.} (ft.} (ft.Jo yard (ft.} a (ft.} height (ft.) setback
(ft.)
C-2 8,000 500 100 on major 25, except on 15; or 20 5; or 25 when 50;or35 a
streets (see major streets as when abutting within 100
Art. XV); 80 for provided in Art. abutting residential feet of all
all other xv residential district; 15 for residential
streets/ district any side street districts
C-3 12,000 500 125 on major 25, except on 15; or 20 5; or 25 when 75; or 35 a
streets (see major streets as when abutting within 100
Art. XV); 100 provided in Art. abutting residential feet of all
for all other xv residential district; 15 for residential
streets g district any side street districts

District Min. front yard (feet) Min. rear yard (feet) Min. side yard (feet) Max. building height (feet)

1-lA 35 25 25 SO, or 35 within 100 ft. of any residential use or district

1-1 / 1-5 35 25 25 SO, or 35 within 100 ft. of any residentia l use or district

1-2 / 1-3 25 10 15 50, or 35 within 100 ft. of any residential use or district

1-4 35 10 25 50, or 35 within 100 ft. of any residential use or district

NOTE: These requirements pertain to zoning regulations only. The lot areas and lot widths noted are based on connection to central water
and wastewater. If septic tanks and/or wells are used, greater lot areas may be required. Contact the Health Department at 407-836-2600 for lot
size and area requirements for use of septic tanks and/or wells.

FOOTNOTES

a Setbacks shall be a minimum of SO feet from the normal high water elevation contour on any adjacent natural surface water body and any natural or
artificial extension of such water body, for any building or other principal structure. Subject to the lakeshore protection ordinance and the conservation
ordinance, the minimum setbacks from the normal high water elevation contour on any adjacent natural surface water body, and any natural or artificial
extension of such water body, for an accessory building, a swimming pool, swimming pool deck, a covered patio, a wood deck attached to the principal
structure or accessory structure, a parking lot, or any other accessory use, shall be the same distance as the setbacks which are used per the respective
zoning district requirements as measured from the normal high water elevation contour.
b Side setback is 30 feet where adjacent to single-family district.
c For lots platted between 4/27/93 and 3/3/97 that are less than 45 feet wide or contain less than 4,500 sq. ft. of lot area, or contain less than 1,000 square
feet of living area shall be vested pursuant to Article Ill of this chapter and shall be considered to be conforming lots for width and/or size and/or living
area.
d For attached units (common fire wall and zero separation between units) the minimum duplex lot width is 80 feet and the duplex lot size is 8,000 square
feet. For detached units the minimum duplex lot width is 90 feet and the duplex lot size is 9,000 square feet with a minimum separation between units
of 10 feet. Fee simple interest in each half of a duplex lot may be sold, devised or transferred independently from the other half. For duplex lots that:
(i) are either platted or lots of record existing prior to 3/3/97, and
(ii} are 75 feet in width or greater, but are less than 90 feet, and
(iii} have a lot size of 7,500 square feet or greater, but less than 9,000 square feet are deemed to be vested and shall be considered as conforming lots
for width and/or size.
e Corner lots shall be 100 [feet) on major streets (see Art. XV}, 80 [feet) for all other streets.
f Corner lots shall be 125 [feet) on major streets (see Art. XV), 100 (feet] for all other streets.
g Corner lots shall be 150 [feet] on major streets (see Art. XV), 125 [feet) for all other streets.
h For lots platted on or after 3/3/97, or unplatted parcels. For lots platted prior to 3/3/97, the following setbacks shall apply: R-lAA, 30 feet, front, 35 feet
rear, R-lA, 25 feet, front, 30 feet rear, R-1, 25 feet, front, 25 feet rear, 6 feet side; R-2, 25 feet, front, 25 feet rear, 6 feet side for one (1) and two (2)
dwelling units; R-3, 25 feet, front, 25 feet, rear, 6 feet side for two (2) dwelling units. Setbacks not listed in this footnote shall apply as listed in the main
text of this section.
j Attached units only. If units are detached, each unit shall be placed on the equivalent of a lot 45 feet in width and each unit must contain at least 1,000
square feet of living area. Each detached unit must have a separation from any other unit on site of at least 10 feet.
k Maximum impervious surface ratio shall be 70%, except for townhouses, nonresidential, and mixed use development, which shall have a maximum
impervious surface ratio of 80%.
m Based on gross square feet.

These requirements are intended for reference only; actual requirements


should be verified in the Zoning Division prior to design or construction.

576
VARIANCE CRITERIA: SPECIAL EXCEPTION CRITERIA:
Section 30-43 of the Orange County Code Stipulates specific Subject to Section 38-78, in reviewing any request for a
standards for the approval of variances. No application for a Special Exception, the following criteria shall be met:
zoning variance shall be approved unless the Board of Zoning
Adjustment finds that all of the following standards are met:

1. Special Conditions and Circumstances - Special 1. The use shall be consistent with the Comprehensive
conditions and circumstances exist which are peculiar to Policy Plan.
the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the
same zoning district. Zoning violations or
nonconformities on neighboring properties shall not 2. The use shall be similar and compatible with the
constitute grounds for approval of any proposed zoning surrounding area and shall be consistent with the
variance. pattern of surrounding development.

2. Not Self-Created - The special conditions and


circumstances do not result from the actions of the 3. The use shall not act as a detrimental intrusion into a
applicant. A self-created hardship shall not j ustify a surrounding area.
zoning variance; i.e., when the applicant himself by his
own conduct creates the hardship which he alleges to
exist, he is not entitled to relief.
4. The use shall meet the performancerds of the district
in which the use is permitted.
3. No Special Privilege Conferred - Approval of the
zoning variance requested will not confer on the
applicant any special privilege that is denied by the
Chapter to other lands, buildings, or structures in the
same zoning district. 5. The use shall be similar in noise, vibration, dust, odor,
glare, heat producing and other characteristics that
are associated with the majority of uses currently
4. Deprivation of Rights - Literal interpretation of the permitted in the zoning district.
provisions contained in this Chapter would deprive the
applicant of rights commonly enjoyed by other properties
in the same zoning district under the terms of this
Chapter and would work unnecessary and undue
6. Landscape buffer yards shall be in accordance with
hardship on the applicant. Financial loss or business
Section 24-5, Orange County Code. Buffer yard types
competition or purchase of the property with intent to
shall track the district in which the use is permitted.
develop in violation of the restrictions of this Chapter
shall not constitute grounds for approval.

5. Minimum Possible Variance - The zoning variance


approved is the minimum variance that will make
possible the reasonable use of the land, building or
structure.
In addition to demonstrating compliance with the
above criteria, any applicable conditions set forth
6. Purpose and Intent - Approval of the zoning variance in Section 38-79 shall be met.
will be in harmony with the purpose and intent of this
Chapter and such zoning variance will not be injurious to
the neighborhood or otherwise detrimental to the public
welfare.
577
BZA STAFF REPORT
Planning, Environmental & Deve lopment Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #1


Case#: VA-23-01-148 Case Planner: Nick Balevich {407} 836-0092
Nick. Balevich@ocfl.net
GENERAL INFORMATION

APPLICANT(s): GABRIEL TELES


OWNER(s): MICHELLE SANCHEZ-VAHAMONDE, THIAGO DAVILLA
REQUEST: Variance in the R-CE zoning district to allow the conversion of an existing
residence to an accessory dwelling unit (ADU) with a living area of 1,099 sq . ft. in
lieu of a maximum 1,000 sq . ft.
PROPERTY LOCATION: 9329 Winter Gard en Vineland Rd., Orlando, FL 32836, east of Winte r Garden
Vineland Rd., on the west side o f Lake Sh een, west of S. Apopka Vineland Rd.,
south of W. Sand Lake Rd.
PARCEL ID: 05-24- 28-0000-00-054
LOT SIZE: +/- 1.18 acres (+/-0.93 acres upland)
NOTICE AREA: 1,000 ft.
NUMBER OF NOTICES: 51
STAFF RECOMMENDATIONS

CONTINUED BY APPLICANT TO THE FEBRUARY 2, 2023 BZA HEARING

LOCATION MAP

LakB
I I
Mabel

ge Lane
, · .1 v Mantova Court
1way~ 0

* SUBJECT SITE
0
e en -R

1,550 3,100

Staff Booklet Page I1


578
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #5


Case#: VA-22-12-125 Case Planner: Nick Balevich (407) 836-0092
Nick.Balevich@ocfl.net
GENERAL INFORMATION

APPLICANT(s): RYAN THOMPSON


OWNER(s): STEVEN GERMANN, DAVID SIMON
REQUEST: Variances in the R-2 zoning district as follows:
1) To allow a generator 2.8 ft. from the west side property line in lieu of 10 ft.
2) To allow an existing west side setback of 5.6 ft. in lieu of 6 ft.
PROPERTY LOCATION: 1453 Miller Avenue, Winter Park, Florida, 32789, north side of Miller Ave ., south
of Minnesota Ave, east of 1-4.
PARCEL ID: 12-22-29-4996-05-160
LOT SIZE: +/- 0.16 acres (7,001 sq. ft.)
NOTICE AREA: 500 ft.
NUMBER OF NOTICES: 176
DECISION: Recommended APPROVAL of the Variance requests in that the Board finds they meet the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions (Motion by Joel Morales, Second by John Drago; unanimous; 7 in favor:
Thomas Moses, John Drago, Juan Velez, Deborah Moskowitz, Roberta Walton Johnson; Joel
Morales, Charles Hawkins, II and O opposed):

1. Development shall be in accordance with the site plan and elevations received November 28,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviation s,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board 's review or the plans
revised to comply with the standard.

Page I 2 Board of Zoning Adjustment [BZA)


579
4. The existing 6 ft. tall opaque fence shall remain to screen the generator from view. If the
fence is removed, then landscaping (e.g. bushes or shrubs) shall be installed to adequately
screen the equipment from view from the street.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff
noted that no comments were received in support, and no comments were received in opposition.

The applicant had nothing to add.

There was no one in attendance to speak in favor or in opposition to the request.

The BZA discussed the Variances, stated justification for the six (6) criteria and unanimously recommended
approval of the variances by a 7-0 vote, subject to the four (4) conditions in the staff report.

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

LOCATION MAP

* SUBJEC T _ S I TE
0
Feet

'1 , 050 2 , '100

Staff Booklet Page I3


580
SITE & SURROUNDING DATA

Property North South East West


Current Zoning R-2 R-2 R-2 R-2 R-2
Future Land Use LMDR LMDR LMDR LMDR LMDR
Current Use Single-family Single-family Single-family Single-family Single-family
residential residential residential residential residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-2, Residential district, which allows single-family homes, duplexes,
and multi-family development as well as accessory dwelling units. The future land use is Low-Density
Residential (LDR), which is consistent with the R-2 zoning district.

The subject property is an approximately 0.16 acre lot, located in the Lawndale Plat, recorded in 1923, and is
considered to be a conforming lot of record. It is developed with a 3,076 gross sq. ft. single family home built
in 2020, and swimming pool installed in 2021. The applicant purchased the property in 2020.

The applicant is proposing to install a 4 ft. x 2.1 ft., 3.1 ft. high permanent generator 2.8 ft. from the west side
property line, adjacent to the existing house, where a 10 ft. setback is required by County Code Sec 38-79(16),
requiring Variance #1. The generator will operate normally at 68 decibels (Db) noise level from a distance of
23 ft. The generator will be set to self-test every week at 59 Db. Normal conversation is 60 Db. When the
unit is operating at full power during a power outage, it operates at a level of approximately 68 Db, which is
between the sound of conversation in a restaurant and a dishwasher, or an a/c compressor.

The applicant is proposing to install the generator on the same (west) side of the property as the a/c and pool
equipment. The proposed location is behind the a/c equipment and behind an existing 6 ft. opaque wood
fence. Since the house is already built to within 5.6 ft. from the west side property line, and 6 ft. from the
east side property line, and due to the location of the covered rear patio and pool and a deck in the rear yard,
there is no other location in the side yards that a generator may be installed without the need for a Variance.
Further, the existing residence was built 5.6 ft. from the west side property line in lieu of 6 ft. Variance #2 is
being requested to recognize this setback.

As of the date of this report, no comments have been received in favor or in opposition to this request.

District Development Standards


Code Requirement Proposed
Min. Lot Width: 45 ft. 50 ft.
Min. Lot Size: 4,500 sq. ft. 7,001 sq. ft.

Page I4 Board of Zoning Adjustment [BZA]


581
Building Setbacks (that apply to structure in question)
Code Requirement Proposed
30.6 ft. (House-South)
Front: 25 ft.

37 ft. (Hou se-North)


25 ft. house
Rear: 10 ft. (Pool Deck -North)
5 ft. Pool-Deck-Accessory structure

2.8 ft. (Generator-West) Variance #1


6 ft. house
6 ft. (House-East)
Side: 10 ft. generator
5.6 ft. (House-West) Variance #2
(when adjacent to house)

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
Pertaining to Variance #1, the location of the existing residence with a 5.6 ft. setback from the west side property
line as constructed is considered a special condition and circumstance. Further, pertaining to Variance #2, the
special conditions and circumstances particular to this property are related to the location of the existing home
with a 5.6 ft. setback from the west side property line and a 6 ft. setback from the east side property line, and
the location of the of the covered rear patio and pool in the majority of the rear yard. Therefore, any proposed
generator location on the sides will require a Variance.

Not Self-Created
The applicant is not responsible for the configuration of the lot, the setbacks and the location the covered rear
patio and pool.

No Special Privilege Conferred


The existing setbacks of the house and covered rear patio and pool location renders the installation of a
generator impossible without a Variance since the site is constrained.

Deprivation of Rights
Without the requested Variances, the house will not be allowed to remain in its current location, and the
applicant will not be able to place a permanent generator on their property.

Minimum Possible Variance


Due to the setbacks, the location of improvements and constrained lot, the requested Variances are the
minimum possible.

Purpose and Intent


Approval of this request will be in harmony with the purpose and intent of the Zoning Regulations and will not
be detrimental to the surrounding neighborhood. The house is proposed to remain as constructed in its current

Staff Booklet Page I 5


582
location, and the proposed generator location is behind the existing air conditioning equipment, and behind an
existing 6 ft. tall opaque fence that will block the unit from view.

CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received November 28, 2022,
subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed
non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standa rd.
4. The existing 6 ft. tall opaque fence shall remain to screen the generator from view. If the fence is removed,
then landscaping (e.g. bushes or shrubs) shall be installed to adequately screen the equipment from view
from the street.

C: Ryan Thompson
804 E. Altamonte Drive
Altamonte Springs, FL 32701

Page I6 Board of Zoning Adjustment [BZA)


583
COVER LETTER

8 •'

THE STANDBY POWER PEOPLE

November 28, 2022

Orange County Zoning Division

201 South Rosalind Avenue, 1'' Floor

Orlando, FL 32801

Reference: 1453 Mille·r Ave Winter Park, FL 32789

We are reques1ing a side setback variance be granted relat ing to a residential standby generator to be
installed on the side ot the residence. We have 5'9" property line along the side. The generator would
be 1.8" off the house and then is 2' itself. We are requesting a side setback of the generator of 2'10''
from the property line in lieu of t he 10' required by code.

There is no where else it can be located as there is a pool that takes the back yard space and the other
side of the house has a S' property line.

We thank you in advance for your consideration to this matter.

Ryan Thompson

General Manager

Staff Booklet Page I7


584
COVER LETTER

gmeratorB
SUPERCENTER

THE STANDBY POWER PEOPLE

David Simon

1453 Miller Ave

Winter Park, Fl 32789

1. Special Conditions and Circumstances:


Generator cannot be located on any other location of the property due to a pool in the
back yard and a street along the other side of the home.

2. No Self-Created:
All Conditions notated under "special conditions and circumstances" are pre-existing.

3. No Special Privilege Conferred:


Variance being requested will not result in any special privilege being conferred to the
homeowner.

4. Deprivation of Rights:
Homeowner should not be denied the use of a generator due to the occurrence of
special event (Le hurricane, extended power outage).

5. Minimum Possible Variance


8.5 feet

6. Purpose and Intent:


All necessary steps will be taken to make sure the generator is visually aesthetic.

Page I8 Board of Zoning Adjustment [BZA]


585
ZONING MAP

1---t---+- ......._..-..._--+- R-2-..---.- - -+--+---+-- -rW


I Cl~Y ~F I
,c:..,1:..:,NrT_,._,,E,;.;R=-:e...P..::A::;:R=-=K
-=--+---+--,.-....lf

~ -- ~~- ~ ~ -~ - -M
~ l_c_h~lgan Avenue

Cl>
::)
C -
1----'-----l CI>
>
,__ t-- R-2- 1---~--'-- ......,_---'..._-+- R -2 - ~-+---1----4>---J-- ~

[]]] ~ ~ ~ i~
.__ ____.____.____.__ _._____._ _,__ .L-~ - z c J~ _ _ _.__ .....___ _,__ __.__ _,__ .....___1-~
.--- ---,-- -~ln
_ d~i_a_n_ a.-A_ v~e_n~u~e- ~ u _i ~ 3:~ ---,----.--r-.-r-n.---,.----.--.---.----l
R¥ I CITY ! l I I I 11 I
CJ SUBJEC T _ S ITE
0
Feet

365 730

AERIAL MAP

SUBJECT _ S ITE
0 265 530

Staff Booklet Page I9


586
SITE PLAN

:X X x---x---><

POOL
X

X
POOL EQUIPMENT

GENERATOR

2' - 1
X
arianc
FENCE LINE

GAS METER

ACPAD ~
I
PROPERTY
LINE ~

J N
MILLER AVENUE
EB
Page I 10 Board of Zoning Adjustment [BZA)
587
GENERATOR LOCATION AND ELEVATION

NEW GENERATOR. :

EXTERIOR ELEVATION

POOL EQUIPMENT - ~
b
I

GENERATOR _ _____._ __

5' - 9"

Staff Booklet Page I 11


588
GENERATOR RENDERING

Page I 12 Board of Zoning Adjustment [BZA)


589
SITE PHOTOS

Front from Miller Ave. facing north

Proposed generator location behind fence facing north

Staff Booklet Page I 13


590
SITE PHOTOS

Proposed generator location facing north


,----------------------

'

Proposed generator location facing south

Page I 14 Board of Zoning Adjustment [BZA]


591
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Divi sion

Meeting Date: JAN 05, 2023 Commission District: #4


Case#: VA-23-02-155 Case Planner: Nick Balevich (407) 836-0092
Nick.Balevich@ocfl.net
GENERAL INFORMATION

APPLICANT(s): SHEILA CICHRA FOR STREAMLINE PERMITTING, INC.


OWNER(s): DONNA SPENCER, DAVID CALDWELL
REQUEST: Variance in the R-lAA zoning district to allow a detached accessory structure
(garage) in front of the primary structure.
PROPERTY LOCATION: 13622 5. Lake Mary Jane Road, Orlando, Florida, 32832, east side of Lake Mary
Jane, on the west side of 5. Lake Mary Jane Rd., east of Narcoossee Rd., southeast
of S.R. 417.
PARCEL ID: 25-24-31-3880-01-970
LOT SIZE: +/- 1. 75 acres (0.51 acres upland)
NOTICE AREA: 800 ft.
NUMBER OF NOTICES: 50
DECISION: Recommended APPROVAL of the Variance request in that the Board finds it meets that the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions as amended (Motion by Deborah Moskowitz, Second by John Drago;
unanimous; 7 in favor: Thomas Moses, John Drago, Juan Velez, Deborah Moskowitz, Roberta
Walton Johnson; Joel Morales, Charles Hawkins, II and O opposed):

1. Development shall be in accordance with the site plan and elevations received December 9,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

4. The exterior of the accessory structure (garage) shall match the exterior color and design of
the existing house.

Staff Booklet Page I 15


592
5. Prior to issuance of a permit for the accessory structure (garage), the 2 sheds, and carport
shall be removed, or permits shall be obtained for installation in conforming locations.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff
noted that four (4) comments were received in support, and no comments were received in opposition.

The applicant agreed with the staff recommendation but requested the condition requiring the fence to be
permitted or removed to be eliminated. The applicant further stated that the existing unpermitted sheds will
be removed and the carport will be permitted prior to obtaining a permit.

There was no one in attendance to speak in favor or in opposition to the request.

The BZA discussed the need for the Variance, noted the narrowness of the lot and presence of septic in the area,
stated justification for the six (6) criteria and unanimously recommended approval by a 7-0 vote, subject to the
five (5) conditions in the staff report, with an amended Condition #5, which states "Prior to issuance of a permit
for the accessory structure (garage), the 2 sheds and carport, or permits shall be obtained for installation in
conforming locations."

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

LOCATION MAP

* SUBJECT SITE
0
Feet

700 '1 , 400

Page I 16 Board of Zoning Adjustment [BZA]


593
SITE & SURROUNDING DATA

Property North South East West


Current Zoning Lake Mary
R- lAA R-lAA R-lAA R-lA
Jane
Future Land Use Lake Mary
LOR LOR LOR LOR
Jane
Current Use Single-family Single-family Single-family Single-family Lake Mary
residential residential residential residential Jane

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-lAA, Single-Family Dwelling district, which allows single-family homes
and associated accessory structures on lots a minimum of 10,000 sq. ft. or greater. The Future Land Use is
Low Density Residential (LDR), which is consistent with the R-lAA zoning district.

The subject property is an approximately 1.75 acres (0.51 acres upland) lot, located in the Isle of Pines Fourth
Edition Plat, recorded in 1956, and is a developed non-conforming lot of record. It is developed with a 4,027
gross sq. ft. single family home that was built in 2000. The property also contains 2 unpermitted sheds (front
and rear), and a carport that are non-conforming due to setbacks. The applicant has stated that these will be
removed with the installation of the proposed accessory building. The applicant purchased the property in
2015.

There is also a 6 ft. high wrought iron fence and gate along the front property line that was not installed per
the permit (B00001207) issued in 2000, is thus non-conforming due to the height/location and will be
removed or relocated in a conforming location.

The applicant is proposing to install a 17.7 ft. high 24 ft. x 30 ft. detached accessory structure (2-car garage)
in front of the primary structure, requiring a Variance. Due to the location of the septic tank and drainfield,
the proposed accessory structure cannot be attached to the existing house/garage which would eliminate the
need for a Variance. Locating the accessory structure in the rear yard would not be preferred, as the structure
would be closer to, or possibly encroach into the Normal High Water Elevation setback. Further, the proposed
accessory structure will be located 55 ft. from the front property line, which exceeds the required 30 ft. front
setback, and will be screened by existing vegetation .

As of the date of this report, the applicant has submitted 2 comments in favor of the request from the
immediately adjacent neighbors. No comments have been received in opposition to this request.

District Development Standards


Code Requirement Proposed
71.43 ft. (developed,
Min. Lot Width: 85 ft.
platted lot of record)
Min. Lot Size: 10,000 sq. ft. (0.23 acres) 1.75 acres (0.51 acres upland)

Staff Booklet Page I 17


594
Building Setbacks (that apply to structure in question)
Code Requirement Proposed
55 ft. Accessory structure (South)
Front: 30 ft. 132 ft. Existing house (South)

90 ft. Existing house (West)


Rear: 35 ft. 200 ft. Accessory Structure (West)

10ft. (North)
Side: 5 ft. Accessory Structure 37 ft. (South)

90 ft. Existing house (West)


NHWE: 50 ft. 200 ft. Accessory Structure (West)

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
The special conditions and circumstances particular to this property are the location of the existing home and
the septic tank and drainfield which renders any improvements difficult without the requested Variance.

Not Self-Created
The request is not self-created since there are no other options available to relocate the proposed improvement
to meet code requirements. Further, the owner is not responsible for the configuration of the lot or the existing
location of the house.

No Special Privilege Conferred


Granting the requested Variance will not confer any special privilege conferred to others under the same
circumstances since meeting the literal interpretation of the code would prohibit any additions due to the
existing house location and configuration of the lot.

Deprivation of Rights
Without the requested Variance, the owner will not be able to place a reasonably sized accessory structure on
the property.

Minimum Possible Variance


Due to the location of improvements, the requested Variance is the minimum possible.

Purpose and Intent


Approval of this request will be in harmony with the purpose and intent of the Zoning Regulations and will not
be detrimental to the surrounding neighborhood. The proposed accessory structure is 55 ft. from the front
property line and will be screened from view by existing vegetation .

Page I 18 Board of Zoning Adjustment [BZA]


595
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received December 9, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifica lly identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. The exterior of the accessory structure (garage) shall match the exterior color and design of the existing
house.
5. Prior to issuance of a permit for the accessory structure (garage), the 2 sheds, carport, and front
fence/gate shall be removed, or permits shall be obtained for installation in conforming locations.

C: Sheila Cichra
1002 Fort Mason Drive
Eustis, Florida 32726

Staff Booklet Page I 19


596
COVER LETTER

/ STREAMLINE
PERMITTING

=-===--- -

Date: November 7, 2022


To Orange County Zoning
From: Sheila Cichra
Re: Variance application for 13622 S Lake Mary Jane Road , Orlando

The attached files are a variance application package for an accessory structure to be
constructed in the front yard.

The special condition is that the subdivision was platted with very narrow parcels and the
house was built very close to the lake.

The property owners did not build the house, so the situation is not self-created .

There are many such structures in the front yards in this subdivision.

The proposed variance is the minimum request, as there is no way to build an accessory
structure in the back yard.

Approval of this request will be in ham10ny with the purpose and intent of the Zoning
Regulations and will not be detrimental to the neighborhood.

Thank you for your consideration.

fttJ

1002 Fort Mason Dnve, Eustis. FL 32726 C (407) 450-4241 0 (352) 602-77613 she1lac1chra@gma1Lcom

Page I 20 Board of Zoning Adjustment [BZA]


597
COVER LETTER

1. Special Conditions and Circumstances - Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district. Zoning violations or nonconformities on
neighboring properties shall not constitute grounds for approval of a proposed zoning variance.
The parcel is very narrow and the house was constructed at the minimum setback from the lake.
There isn't room beside the house and if the structure was built in the backyard, it would not
meet the required setback from the lake.

2. Not Self-Created - The special conditions and circumstances do not result from the actions of
the applicant. A self-created or self-imposed hardship shall not justify a zoning variance; i.e. , when
the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not
entitled to relief.
The house was built by a previous owner and there was an unpermitted shed in the front yard.

These property owners didn't know about that until recently and they had the shed removed.
This structure will replace that unpermitted shed that they had been using since they moved in.

3. No Special Privilege Conferred -Approval of the zoning variance requested will not confer on
the applicant any special privilege that is denied by this Chapter to other lands, building, or
structures in the same zoning district.
There are many similar shaped parcels in the same subdivision with accessory structures in
the front yard. In many lakefront communities, it is common to request a variance to place
accessory structures in the front yard to preserve the lake view . Especially on narrow lots.

4. Deprivation of Rights - Literal interpretation of the provisions contained in this Chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Chapter and would work unnecessary and undue hardship on the
applicant. Financial loss or business competition or purchase of property with intent to develop in
violation of the restrictions of this Chapter shall not constitute grounds for approval or objection.
Without the variance, the property owners would not be able to reconstruct the accessory
building that they desperately need for storage.

5. Minimum Possible Variance - The zoning variance approved is the minimum variance that will
make possible the reasonable use of the land, building. or structure.
The proposed accessory structure is of average size. is setback quite a distance from the road
and similar to many other such structures in the area, so it would not stand out.

6. Purpose and Intent - Approval of the zoning variance will be in harmony with the purpose and
intent of the Zoning Regulations and such zoning variance will not be inj urious to the
neighborhood or otherwise detrimental to the public welfare.
The size and location is similar to many other such structures in the area. It will not be intrusive
to persons in the public way, so the integrity of the zoning code will not be impaired .

Staff Booklet Page I 21


598
ZONING MAP

A-2

D SUBJECT SITE

AERIAL MAP

SUBJECT SITE
0 140 280

Page I 22 Board of Zoning Adjustment [BZA]


599
SITE PLAN

SCALE: 1•-100'
~
PLi'T
pfJt

PARCEL: 76,009
RCEL: 22,368

LAI<£ MAll'Y JAN£

N.01'Fll'J1"C. 11.l,'(II)
S(ljf.-rY COf'f71fa. LINC _ _......,

LOT 196
~OT 198

:ENTERLINE Of
JPLANO PARC.El

All OF THE EXISTING ACCESSORY


STRUCTURES, INCLUDING THE CARPORT,
IN THE FRONT' AND BACK YARDS ARE TO
BE REMOVED PRIOR TO CONSTRUCTION
OF THE PROPOSED ACCESSORY BUILDING
..
n•s'(P) ~ ~: _:: 65' PROPOSED 24' X 30' DETACHED
rt:~~~~~ ~e r~~~~ed■ ACCESSORY BUILDING
f1P 1• c,o • ' •. • • . . OIJ'JT'tll'r.
Fence to~ ~e_r:o_ved/!:!2_'.:!_ed71.~•,,.,) · DESIGN ASPECTS AND COLOR
---<t----- rlJ, :_-__ TUJ'(P) OF PROPOSED ACCESSORY
s.oe~·oo-w. n.t1J'(P) STRUCTURE TO MATCH HOUSE
S.08':Jl'0t•w. 1t.50'(M)

SOUTH LAKE MARY JANE ROAD(F)

Staff Booklet Page I 23


600
FLOOR PLAN

N
PROPOSED GARAGE IS ONE STORY a

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9
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Floor Plan

Page I 24 Board of Zoning Adju


601
Ll'l
N

QJ
tl0
ro
0..

.....
.£!!
.:.,:.
0
0
co
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.....
111
VIEW FROM THE NORTH
-

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Tl-11 HAROIE-&OARO M>Mi PAIIITED .l


TRallilEO TO MATCH THE MAM HOUSE
[ ]
V'I
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0
~
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w
w VIEW FROM THE SOUTH VIEW FROM THE EAST - STREET VIEW
-

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Tt tt HAROE-BOAAO H>1NG PMIITEO-1 Tl-11 KltllOIE-aONID IIDIMG PAaTED I.
TUIOIEO ro MATCH THE MAIN HOUSE TA- ED TO 11A1'CH HE 11M11 HOUSE

602
SITE PHOTOS

Front facing east from S. Lake Mary Jane Rd./ existing unpermitted fence and gate

Front facing east (accessory structure location)

Page I 26 Board of Zoning Adjustment [BZA]


603
SITE PHOTOS

Rear yard facing north

Staff Booklet Page I 27


604
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN OS, 2023 Commission District: #6


Case#: SE-22-10-109 Case Planner: Nick Balevich (407) 836-0092
Nick.Balevich@ocfl.net
GENERAL INFORMATION

APPLICANT(s): NICOLE PHILLIPS HOLLIS FOR BRIDGE TO INDEPENDENCE


OWNER(s): JOSHUA GENERATION INC
REQUEST: Special Exception in the R-3 zoning district for a Pre-K to 12 school with 250
students.
PROPERTY LOCATION: 5225 Alhambra Drive, Orlando, Florida, 32808, north side of Alhambra Dr., west of
N. Pine Hills Rd., north of W. Colonial Dr.
PARCEL ID: 19-22-29-6954-07-195
LOT SIZE: +/- 1.87 acres {81,610 sq. ft.)
NOTICE AREA: 1,000 ft.
NUMBER OF NOTICES: 265
DECISION: Recommended APPROVAL of the Special Exception request in that the Board finds it meets the
requirements governing Special Exceptions as spelled out in Orange County Code, Section 38-
78, and that the granting of the Special Exception does not adversely affect general public
interest; further, said approval is subject to the following conditions (Motion by Charles
Hawkins, II, Second by Roberta Walton Johnson; unanimous; 7 in favor: Thomas Moses, John
Drago, Juan Velez, Deborah Moskowitz, Roberta Walton Johnson; Joel Morales, Charles
Hawkins, II and O opposed):

1. Development shall be in accordance with the site plan and elevations received December 21,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non -su bstantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obl igations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

Page I 28 Board of Zoning Adjustment [BZA]


605
4. Hours of operation for the school shall be limited to 7:30 a.m., to 6:00 p.m., Monday through
Friday.

5. The maximum number of students shall be 250.

6. School arrivals and dismissals shall be staggered over a one (1) hour period and the grades
shall be staggered between K-3, 4-8, and 9-12.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff
noted that three (3) comments were received in support, and no comments were received in opposition.

The applicant stated that they have been in operation elsewhere for the past 21 years and stated the desire to
relocate to the subject property to replace the existing church on the site.

There was no one in attendance to speak in favor or in opposition to the request.

The BZA discussed the Special Exception, stated justification for the six (6) criteria and unanimously
recommended approval by a 7-0 vote, subject to the six (6) conditions in the staff report.

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

LOCATION MAP

* SUBJECT SITE
0
Feet

'1,800

Staff Booklet Page I 29


606
SITE & SURROUNDING DATA

Property North South East West


Current Zoning R-3 R-lA C-2 R-lA, P-O Restricted P-O
Future Land Use LDR LDR C LDR,O 0
Current Use Office, single-
Religious Single-fami ly Religious
Commercial family
Institution residences Institution
residences

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-3, Multiple-Family Residential district, which allows single-family
homes, duplexes, and multi-family development as well as accessory structures. Certain uses, such as private
schools, are permitted through the Special Exception process. The future land use is Low-Density Residential
(LDR), which is inconsistent with the zoning district. Per Comprehensive Plan Policy FLU 8.2.5.2., if a proposed
use is subject to a Special Exception and has inconsistent zoning and future land use map (FLUM) designations,
a rezoning may not be required, provided that the proposed use is permitted only through the Special
Exception process; and the zoning district required to correct the inconsistency between the FLUM and zoning
designation s also requires a Special Exception for the same use.

The area around the subject site consists of single-family homes to the north and east, office uses to the east,
commercial uses to the south and religious uses to the west. The subject property is 1.87 acres in size, and is
located in the Pine Hills Subdivision No. 8 Plat, recorded in 1954, and is a conforming parcel. The site is
currently used as a church, developed with 3 interconnected buildings that were constructed between 1956
and 1985, totaling 22,668 gross sq. ft.

In April 1982, a Special Exception (case #21) was approved to expand a church that had existed prior to the
establishment of zoning.

The applicant is requesting a Special Exception to convert the existing campus to be used as a Pre-K to 12
school to accommodate 250 students. No new construction is proposed. The school operating hours will be
from 7:30 a.m. to 6:00 p.m., Monday to Friday.

Parking requirements for the subject property are as follows:

• Assembly hall: 280 seats, at 1 parking space per 4 seats, requiring 70 spaces
• The site currently has a total of 110 parking spaces, meeting the parking requirements.

The Orange County Tran sportation Planning Division has reviewed the request and has conducted an in house
traffic study, and recommend that the school arrivals and dismissals are staggered over a one (1) hour period
and the grades shou ld be staggered between K-3, 4-8, and 9-12, and have thus determined that no traffic
operation improvements are necessary.

Page I 30 Board of Zoning Adjustment [BZA]


607
As of the date of this report, 3 comments have been received in favor, and no comments have been received
in opposition to this request.

District Development Standards


Code Requirement Proposed
Min. Lot Width: 85 ft. 315 ft.
Min. Lot Size: 15,000 sq. ft. 1.87 acres (81,610 sq. ft.)

Building Setbacks (that apply to structure in question)


Code Requirement Proposed
29 ft. (South)
Front: 25 ft.

75 ft. (North)
Rear: 30 ft.

60 ft. (West)
Side: 10 ft. 73 ft. (East)

STAFF FINDINGS

SPECIAL EXCEPTION CRITERIA


Consistent with the Comprehensive Plan
The provision of private schools as conditioned through the Special Exception process is consistent with the
Comprehensive Plan.

Similar and compatible with the surrounding area


The conversion to a school use will utilize existing structures located on an existing developed site, which
contains existing landscaping and buffers, and as such will be similar and compatible with the surrounding area.

Shall not act as a detrimental intrusion into a surrounding area


The proposed school use will be in existing structures on an existing developed site that has existed for over 66
years, and will not negatively impact the surrounding area since it will be over 120 feet from the closest single-
family residence to the east, and as such will not be a detrimental intrusion to the surrounding area.

Meet the performance standards of the district


The existing campus and the conversion to a private school meets the performance standards of the district.

Similar in noise, vibration, dust, odor, glare, heat production


There are no proposed activities on the property that would generate noise, vibration, dust, odor, glare, heat
producing and other characteristics that are not associated with the majority of uses permitted in the Zoning
district.

Staff Booklet Page I 31


608
Landscape buffer yards shall be in accordance with Section 24-5 of the Orange County Code
The proposed new educational use will be located entirely within an existing building on an existing campus on
a developed site and therefore no additional buffer yards are required.

CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received December 21, 2022, subject
to the condition s of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager 's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. Hours of operation for the school shall be limited to 7:30 a.m., to 6:00 p.m., Monday through Friday.
5. The m aximum number of students shall be 250.
6. School arrivals and dismissals shall be staggered over a one (1) hour period and the grades shall be
staggered between K-3, 4-8, and 9-12.

C Nicole Phillips Hollis


5225 Alhambra Drive,
Orlando, Florida, 32808

C: David Jacques
4104 Millenia Blvd., Suite 100
Orlando, Florida 32839

Page I 32 Board of Zoning Adjustment [BZA]


609
COVER LETTER

Bridge to Independence
P R I V A T E SCHOOL

Behavior Respect Integrity Diligence Grades Excellence

July 12, 2022

Orange County Zoning Division


201 S. Rosalind Avenue
Orlando, FL 32801

Re: Parcel# 19-22.-29-6954-07-195


5225 Alhambra Drive
Orlando, FL 32808

I am requesting a zoning special exception at 5225 Alhambra Drive, Orlando, FL 32808. The
building is registered as a church and school in the Orange County records. Bridge to
Independence, Inc.(BTI) is currently located .at 2138 West Colonial Drive, Orlando, FL 32804.
Bridge to Independence will be purchasing 5225 Alhambra Drive building on
September 1,2022.
Bridge to Independence will provide educational services for K-12 starting December 1, 2022,
at 5225 Alhambra Drive, Orlando, FL 32808 servicing the Pine Hills community and surrounding
areas. The school dally operations schedule will be Monday - Friday fr:om 7:30 am to 6:00 p.m.
The capacity is 250 students. The employee's capacity is up to 33 Instructors/staff. The parking
lot area has 110 spaces. The school playground will be in the rear midway of the outside
building.

BTI first year to today, our students, parents, faculty, and staff have combined to transfer an
Ideal school into a compelling and meaningful educatJonal experience. As a community, we
have sought to represent the epitome of empathy, collaboration, and problem solving to the
world. Our students' conduct at conferences, sportsmanship in athletics, and passionate
curiosity have captured the hearts and minds of those who have had the fortune to work with
them.
Please feel free to contact me at 407-497-9850 cell if you need additional information.
Enclosed Is the following application, support letters, floor plans and survey.

2138 WE ST COL O N I AL DllfVE


OlllANO O , Fl 32804 btischool .com
107,487.IS02· Offi~
107.487. 1504· Fa•

Staff Booklet Page I 33


610
COVER LETTER

1. The use shall be consistent with the Comprehensive Policy Plan.

The purpose ls to serve the community in the surrounding area.

2. The use shall be similar and compatible with the surrounding area and shall be consistent with
the pattern of surrounding development.

The Preschool and Private school will be similar and compatible with the surrounding area.

3. The use shall not act as a detrimental intrusion into a surrounding area.

The school will not act as a detrimental intrusion to the surrounding area.

4. ihe use shall meet the performance standards of the district in which the use is permitted.

The current pari<ing spaces will accommodate the preschool (K2-VPK), K -12th grade students, staff, and visitors.

5. The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other
characteristics that are associated with the majority of uses currently permitted in the zoning
district.

The use will ha11e no changes in noise, vibration, dust, odor, g lare, heat producing, and other characteristics outside the

bu~ding.
I he schools playground will be located in the rear mid-way ol lhe ouls1de building.

6. Landscape buffer yards shall be in accordance with section 24-5 of the Orange County Code.
Buffer yard types shall track the district in which the use is permitted.

There will be no landscaping changes to the building,

Page I 34 Board of Zoning Adjustment [BZA]


611
ZONING MAP

R-1A

"O
C:
0
1------
C: ~ - - - - -----.--,,,'l._
C:
:::,
V,
~ - -"""" 1----

D SUBJECT SITE
0
F 'eet

390 780

AERIAL MAP

Feet
SUBJECT SITE
0 370 740

Staff Booklet Page I 35


612
SITE PLAN

LOT ll
BLOCK "·G.
Sc i tt;
rr,,~

t
Ir
RF\41\J-.Dl'K (Jt
W'l 19
BLOCK "G"
,~OT l'NCI l or:(),

1.2

SIGl! J
l

J,. I
ALHAM
. . BRA' DRIVE
80 RIW (11,1p=
~vVCDJ •

Page I 36 Board of zo nmg


. Ad JUStment
" [BZA]
613
FIRST FLOOR PLAN

~
,
~ n
:E
I "

~ .
,;
I

...
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.
I!

.f E
n
.; Ill


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if

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;

Staff Booklet Page I 37


614
SECOND FLOOR PLAN

OFFICE 6
3,!!i' sr 1~ •:, PfQP._{

OFFICE4
'93 SF , ISO :a:: !! PEOP-E

OFFICE2
~1 :Y SF 150 - 3 PEOP'l.E

OFFICE 1
~sr ·~•~ PCO?\.£.

Page I 38 Board of Zoning Adjustment [BZA]


615
SITE PHOTOS

Front from Alhambra Dr. facing north

Rear facing south

Staff Booklet Page I 39


616
SITE PHOTOS

Side facing east

Page I 40 Board of Zoning Adjustment [BZA]


617
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date:JAN 05, 2023 Commission District: #4


Case#: VA-23-01-145 Case Planner: Jenale Garnett (407) 836-5955
Jenale.Garnett@ocfl.net
GENERAL INFORMATION

APPLICANT(s): YANIRA DOMINGUEZ


OWNER(s): AMYA INVESTMENTS LLC
REQUEST: Variance in the R-1 zoning district to allow an existing addition with a west rear
setback of 14.3 ft. in lieu of 25 ft.
Note: This is the result of Code Enforcement.
PROPERTY LOCATION: 1120 Narcissus Lane, Orlando, FL 32825, west side of Narcissus Ln., south of E.
Colonial Dr., west of Rouse Rd., east of N. Dean Rd.
PARCEL ID: 20-22-31-6688-01-100
LOT SIZE: +/- 0.17 acres (7,700 sq. ft.)
NOTICE AREA: 500 ft.
NUMBER OF NOTICES: 137
DECISION: Recommended APPROVAL of the Variance request in that the Board finds it meets the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions (Motion by Deborah Moskowitz, Second by Juan Velez; unanimous; 7 in
favor: Thomas Moses, John Drago, Juan Velez, Deborah Moskowitz, Roberta Walton Johnson;
Joel Morales, Charles Hawkins, II and O opposed):

1. Development shall be in accordance with the site plan and elevations received November 23,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

4. A permit for the additions shall be obtained within 180 days or they shall be removed.

Staff Booklet Page I 41


618
5. A permit for the above ground pool shall be obtained or the pool shall be removed prior to
obtaining a permit for the additions.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for denial since the
addition was constructed without first obtaining permits. Staff noted that two (2) comments were received in
favor of the application, and no comments were received in opposition.

The applicant described that the rationale for constructing the addition, the contractor and construction history
and mentioned that the backyard pool has now been removed.

There was no one in attendance to speak in favor or in opposition to the request.

Code enforcement was present but did not speak.

The BZA discussed the request, discussed the applicant's attempt to complete the project with permits and
unanimously recommended approval of the variance by a 7-0 vote, subject to the five (5) conditions in the staff
report.

STAFF RECOMMENDATIONS
Denial. However, if the BZA should find that the applicant has satisfied the criteria necessary for the granting
of a Variance, staff recommends that the approval be subject to the conditions in this report.
LOCATION MAP

* SUBJECT SITE
0
Feet

2 . soo 5,000

Page I 42 Board of Zoning Adjustment [BZA]


619
SITE & SURROUNDING DATA

Property North South East West

Current Zoning R-1 R-1 R-1 R-1 R-1

Future Land Use LDR LDR LDR LDR LDR

Single-family Single-family Single-family Single-family Single-family


Current Use
residential residential residential residential residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-1, Single-Family Dwelling District, which allows single-family homes
and associated accessory structures and requires a minimum lot area of 5,000 sq. ft. The Future Land Use is
Low Density Residential (LDR}, which is consistent with the R-1 zoning district.

District Development Standards

Code Requirement Proposed

Max Height: 35 ft. 8 ft. (Addition #1)


Min. Lot Width: 50 ft. 70 ft.
Min. Lot Size: 5,000 sq. ft. 7,700 sq. ft.

Building Setbacks (that apply to structure in question)

Proposed
Code Requirement

30.6 ft. existing residence (East)


Front: 25 ft.

14.3 ft. Additions #1 (West - Variance)


Rear: 25 ft .
6.9 ft. Additions #1, #2 (North}
Side: 6 ft. 7.9 ft. (South)

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
There are no special conditions or circumstances regarding the property. The applicant could have redesigned
the addition to meet the setback without impacting the functionality or usability of the addition.

Not Self-Created
This is a self-created hardship since the additions were built without permits.
Staff Booklet Page I 43
620
No Special Privilege Conferred
Granting this Variance will confer a special privilege since there are other options to construct an addition that
can be reduced in scale to lessen the setback and to meet code.

Deprivation of Rights
The applicant is not being deprived the right to continue to enjoy the use of the property as a single-family
residence.

Minimum Possible Variance


The Variance request is not the minimum since there are alternatives to lessen or eliminate the request.

Purpose and Intent


Approval of the Variance will not be in harmony with the purpose and intent of the zoning regulations. The
locational requirements for the proposed addition have not been met; therefore, the improvements will not
maintain the character of the existing neighborhood.

Page I 44 Board of Zoning Adjustment [BZA]


621
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received November 23, 2022,
subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed
non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. A permit for the additions shall be obtained within 180 days or they shall be removed.
5. A permit for the above ground pool shall be obtained or the pool shall be removed prior to obtaining a
permit for the additions.

C: Yanira Dominguez Alvarez


1120 Narcissus Lane
Orlando, FL 32825

C: Amaya Investments LLC


2224 Hoffner Avenue
Belle Isle, FL 32809

Staff Booklet Page I 45


622
COVER LETTER

COVER LETTER

In September of 2021, I received the unexpected arrival of several members of my


family to the USA. I sought the services of these companies PLMB Services and LM
Handyman Services to make an addition to the property 1120 Narcissus In Orlando Fl
32825 which consists of a small TV room, 2 bathrooms and a bedroom: they told me
that since the property was under an LLC I would need to process the permits with a
GC, I contacted one and he took the measurements and drew the plans. under his
instructions the companies mentioned above began to work in the addition following all
the codes and plans under the supervision of the GC, during all that time the GC
presence was a little to none each time and it was hard to get him to answer my calls,
and when he did he said that it did not matter whether it was before or after he would
carry out the paperwork with the county, that we continue working until the project is
completed, but once the work was finished, the general contractor cut off all
communication with me and that he could not continue with the work. The permitting
process. I started looking for another GC and most of them didn't even get to go to the
property, they said that they would not continue the work, that another person started,
until I finally contacted Juan Rivera, who went to the property and informed me that a
mistake had been made in the codes by the measure of the lot. And in order to legalize
the addition I needed to ask for a variation of the zoning or cut the addition to the
allowed measure, The purpose of this application is to ask you to take into consideration
the possibility of leaving it with the current measures, in order to obtain approval, we are
willing to accept the conditions that you consider necessary. The current setback is 14.3
ft and the required is 25 ft.

Sincerely

Yanira Dominguez
4078608152

Page I 46 Board of Zoning Adjustment [BZA]


623
COVER LETTER

1. Special Conditions and Circumstances • Special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and which are not applic.-ible to
other lands, structures or buildings in the same zoning district. Zoning violations or
nonconformities on neighboring properties shall not constitute grounds for approval of
a proposed zoning variance.

The fact of the vari<lnce Is already built it, can be considered as an special circumstance to take
in consideration my proposal.

2. Not Self-Created • The special conditions and circumstances do not result from the
actions of the applicant. A self-created or self-imposed hardship shall not justify a
zoning variance; I.e., when the applkant himself by his own conduct creates the
hardship which he alleges to exist, he is not entitled to relief.

I'm responsive for a violation but I'm not Architex, I was not aware a violation of the zoning was
made until the moment I c.-ime to the zoning division trying to get help solve this situation.

3. No Special Privilege Conferred - Approval of the zoning variance requested will not
confer on the applicant any special privilege that is denied by this Chapter to other
lands, building, or structurt>s In the same zoning distrkt.
Other residents in the neighborhood already had additions and porch encloses converted In
living space.

4. Deprivation of Rights • literal interpretation of the provisions contained in this Chapter


would deprive the applicant of rights commonly enjoyed by other properties In the
same zoning district under the terms of this Chapter and would work unnece~ry and
undue hardship on the applicant. Financial loss or business wmpetition or purchase of
property with intent to develop In violation of the restrictions of this Chapter shall not
constitute grounds for approval or objection.
This variance does not constitute a deprivation of rights to other residents of the
neighborhood.

S. Minimum Possible Variance • The zoning variance approved is the minimum variance
that will make possible the reasonable use of the land, building, or structure.
The building area is still smaller than the land in the lot.

6. Purpost' and Intent • Approval of the zoning variance will be in harmony with the
purpose and intent of the Zoning Rt>gulations and such zoning variance will not be
injurious to the neighborhood or otherwise detrimental to the public welfare.
The variance is in the backside of the house , do not affect the neighborhood, its not visible to
others.

Staff Booklet Page I 47


624
ZONING MAP
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AERIAL MAP

SUBJECT SITE
0 275 550

Page I 48 Board of Zoning Adjustment [BZA]


625
SITE PLAN
- 0 '. .
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0
7'U.E. Rear setback of 14.3 ft. in
4 lieu of 25 ft.
14.3 ft.

Addition#2 •
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Existing Residenc-e

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COVERED .
CONC.

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NARCISSUS LANE
60' RNJ (IMPROVED)

Staff Booklet Page I 49


626
FLOOR PLAN

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Existinc Residence

BEDROOM lt3 L.IViNu ROOM


BEDROOM II')

54.f

Page I 50 Board of Zoning Adjustment [BZA]


627
ELEVATIONS

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Rear Elevation - West

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it

Side Elevation - South

Staff Booklet Page I 51


628
SITE PHOTOS

Facing west from Narcissus Lane towards front of subject property

Rear yard, facing northeast towards existing pool and Addition #1

Page I 52 Board of Zoning Adjustment [BZA]


629
SITE PHOTOS

Rear yard, facing north towards rear of Addition #1

Rear yard, facing northeast towards Addition #2

Staff Booklet Page I 53


630
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #6


Case#: VA-22-12-135 Case Planner: Jenale Garnett {407) 836-5955
Jenale.Garnett@ocfl.net
GENERAL INFORMATION

APPLICANT(s): CHRISTIAN KLEIN


OWNER(s): CHRISTIAN KLEIN
REQUEST: Variances in the R-lAA-C zoning district as follows:
1) To allow an existing southeast front setback of 22.4 ft. in lieu of 30 ft.
2) To allow the new construction of a second floor addition with a southeast front
setback of 22.4 ft. in lieu of 30 ft.
3) To allow an existing west side setback of 5.1 ft. in lieu of 7.5 ft.
4) To allow the construction of an addition with a west side setback of 5.1 ft. in
lieu of 7.5 ft.
5) To allow the construction of an addition with a rear setback of 46.3 ft. from the
NHWE in lieu of 50 ft.
6) To allow the construction of a garage addition with a west side setback of 6.5 ft.
in lieu of 7.5 ft.
7) To allow the construction of a garage addition with a south front setback of
26.1 ft. in lieu of 30 ft.
PROPERTY LOCATION: 7505 Summer Lakes Court, Orlando, FL 32835, north side of Summer Lakes Ct.,
east of Edgewood Ranch Rd., west of S. Hiwassee Rd., south of Old Winter Garden
Rd.
PARCEL ID: 35-22-28-8383-00-435
LOT SIZE: +/- 0.27 acres (11,919 sq. ft. upland)
NOTICE AREA: 500 ft .
NUMBER OF NOTICES: 80
DECISION: Recommended APPROVAL of the Variance requests in that the Board finds they meet the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions (Motion by Charles Hawkins, II, Second by Juan Velez; unanimous; 7 in
favor: Thomas Moses, John Drago, Juan Velez, Deborah Moskowitz, Roberta Walton Johnson;
Joel Morales, Charles Hawkins, II and O opposed):

1. Development shall be in accordance with the site plan and elevations received November 3,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit

Page I 54 Board of Zoning Adjustment [BZA]


631
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

4. Prior to the issuance of any building permit, the property owner shall record in the official
records of Orange County, Florida an Indemnification/Hold Harmless Agreement, on a form
provided by the County, which indemnifies Orange County, Florida from any damages and
losses arising out of or related in any way to the activities or operations on or use of the
Improvement resulting from the County's granting of the Variance request and, which shall
inform all interested parties that the house is located no closer than 46.3 feet from the
Normal High Water Elevation (NHWE) of Lake Hiawassee.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff
noted that five (5) comments were received in favor of the application, and no comments were received in
opposition.

The applicant was present but chose not to speak.

There was no one in attendance to speak in favor or in opposition to the request.

The BZA unanimously recommended approval of the variances by a 7-0 vote, subject to the four (4) conditions
in the staff report.

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

Staff Booklet Page I 55


632
LOCATION MAP

SITE & SURROUNDING DATA

Property North South East West


Lake
Current Zoning R- lAA-C R- lAA-C R-lAA-C R-lAA-C
Hiawassee
Lake
Future Land Use LDR LDR LDR
LDR Hiawassee
Single-family Lake Single-family H.O.A. Single-family
Current Use
residential Hiawassee residential Playground residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-lAA-C, Single-Family Cluster Dwelling District, which allows single-
family homes and associated accessory structures on lots a minimum of 10,000 sq. ft. or greater. Cluster
districts, as established through the Comprehensive Plan, are intended to provide increased setbacks along
roadways to preserve views, open space, and rural character. The Future Land Use is Low Density Residential
(LDR), which is consistent with the R-lAA-C zoning district.

The area around the subject site is comprised of single-family homes, many of which are lakefront, and a park
with a playground to the east. The subject property is Lot 43B of the Summer Lakes Plat, recorded in 1986,
and is considered to be a conforming lot of record. It is a +/- 0.27 acre {11,919 sq. ft. upland) lot located at
the end of a cul-de-sac with an unusually extended frontage along Summer Lakes Court and abuts Lake
Hiawassee to the north. There is a 10 ft. utility easement along the north side of the property, and a 5 ft. utility

Page I 56 Board of Zoning Adjustment [BZA]


633
easement along the east, south, and west side of the property, which is not affected by the Variances
requested. The subject property is developed with a 2,180 gross sq. ft. one story single-family home,
constructed in 1988, with an attached 2-car garage, rear screen enclosure (B08006063) built in 2008, and
screen enclosed pool and deck (B92014341) installed in 1992. The owners purchased the property in 2019.

The proposal is for construction of improvements to the existing residence which includes a 995 sq. ft. second
floor (Addition #1) to accommodate a master bedroom and bathroom. The proposed Addition #1 and existing
residence's front would have a front setback of 22.4 ft. in lieu of 30 ft., requiring Variance #1 and Variance #2.
The house is currently setback at 5.1 ft. from the west side property line, requiring Variance #3. The proposal
also includes a 659 sq. ft. attached rear covered patio (Addition #2), and the expansion of the existing 408 sq.
ft. attached 2-car garage to 489 sq. ft. (Addition #3). Addition #2 consists of an outdoor kitchen proposed with
a 5.1 ft. side setback in lieu of 7.5 ft., requiring Variance #4. The same addition also requires a 46.3 ft. north
rear NHWE setback in lieu of 50 ft., requiring Variance #5. The proposed Addition #3 would have a west side
setback of 6.5 ft. in lieu of 7.5 ft., requiring Variance #6. The same addition also requires a south front setback
of 26.1 ft in lieu of 30 ft., requiring Variance #7.

After the improvements, the home will be 2-story, 22 ft. high, containing 3,997 of gross square footage. Based
on staff analysis, the existing location of the residence's footprint in relation to the surrounding property lines
and the location of the utility easements, renders any addition or improvements difficult without the need
for Variances. There are adjacent homes to the immediate south of the property that appear to have
improvements with similar setbacks, which are visible via aerial photography. There are also no neighboring
properties with irregularly configured lots with a similarly unusual extended frontage.

The Orange County Environmental Protection Division has no objection to the request.

As of the date of this report, five comments have been received in favor of this request and one comment has
been received in opposition to this request.

District Development Standards

Code Requirement Proposed

Max Height: 35 ft. 22 ft.

Min. Lot Width: 85 ft. 121 ft.


Min. Lot Size: 10,000 sq. ft. 11,919 sq. ft.

Staff Booklet Page I 57


634
Building Setbacks (that apply to structure in question)

Proposed
Code Requirement

22.4 ft. existing house (Southeast - Variance #1)


22.4 ft. Addition #1 (Southeast - Variance #2)
Front: 30 ft.
26.1 ft. Addition #3 (South - Variance #7)

40.6 ft. Addition #2 (North)


Rear: 35 ft.

5.1 ft. existing house (West - Variance #3)


5.1 ft. Addition #2 (West - Variance #4)
Side: 7.5 ft.
6.5 ft. Addition #3 (West - Variance #6)

46.3 ft. Addition #2 (North - Variance #5)


NHWE 50 ft.

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
The special conditions and circumstances particular to the subject property is the unusual lot shape and
subsequent required front yard setback, which renders any addition or improvements difficult without the
Variances.

Not Self-Created
The request is not self-created since the owners are not responsible for the configuration and location of the
home on the property. The existing footprint, in relation to the property lines and utility easements, limits the
useable area available to construct improvements that conform to setback requirements.

No Special Privilege Conferred


Due to the orientation of the house on the lot, granting the requested Variances will not confer any special
privilege conferred to others under the same circumstances. Additionally, there are homes with improvements
which appear to have similar setbacks to the immediate south of the property.

Deprivation of Rights
Without approval of the requested Variances, the owners will be deprived of the ability to construct the
proposed additions.

Minimum Possible Variance


The requested Variances are the minimum necessary that will allow the existing home, built in 1988, to remain
and to construct additions and improvements on the property. Additionally, the design of the additions as
proposed is consistent with the architectural design of the existing residence.

Page I 58 Board of Zoning Adjustment [BZA]


635
Purpose and Intent
Approval of the requested Variances will allow improvements to the site, which will be in harmony with the
purpose and intent of the Zoning Regulations. Also, it will allow for the existing structures non-conforming
setbacks to remain. Furthermore, the additions will not be significantly visible from any of the surrounding
properties due to the property being at the terminal end of the street, thereby limiting any quantifiable negative
impact to surrounding property owners.

CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received November 3, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. Prior to the issuance of any building permit, the property owner shall record in the official record s of
Orange County, Florida an Indemnification/Hold Harmless Agreement, on a form provided by the County,
which indemnifies Orange County, Florida from any damages and losses arising out of or related in any
way to the activities or operations on or use of the Improvement resulting from the County's granting of
the Variance request and, which shall inform all interested parties that the house is located no closer than
46.3 feet from the Normal High Water Elevation (NHWE) of Lake Hiawassee.

C: Christian Klein
1049 Summer Lakes Dr.
Orlando, FL 32835

Staff Booklet Page I 59


636
COVER LETTER

RABITS & ROMANO 0


PLA NINO~
ARCHITECTURE DESANDI GN<<
October 28, 2022

Orange County Zoning 0epanment


201 S. Rosalind Ave. First Floor
Orlando, FL. 32801

RE: Variance Request for 7505 Summer Lakes Court

To Whom It May Concern:

Please accept the following revised cover letter for the requested variance to the above-referenced single·
family property:

The owner of this property is requesting a variance for a portion of a second floor addition above a ponion of
an existing one-story residence and a Covered Patio addition on the rear of the house. The height of the
proposed two-story addition is 22 feet and the Covered Patio addition is 12 feet.

The area In question on the east side of the residence in a side cul-de-sac which has a setback requirement
of 25 feet. The existing 1.759 square feet (conditioned area) residence has a triangular area 2•.3· wide x
r
16'• long encroaching on the setback. A small portion of the propoaed second Hoor addition of 995 square
feet (wood-framed construction} would be built over this area (approximately 19 square feet of proposed 995
square feet).

The Covered Patio on the rear of the house (west side) is proposed flush with the existing structure side
setback, which is 5'· 1•.

Proposed Garage extension meets all setback requirements.

I believe this request meets the six standards for a variance as described in the attached documents.

Respectfully,

l't:~
~t~JRat,

5127 South Orange Ave. Suite 110


Orlando , Florida 32757
Phone ; 352-385-1030 • Fax : 352-385-1035 • bob@rabita-archilccLcom • www.rabiL~-architecLcom

Page I 60 Board of Zoning Adjustment [BZA]


637
COVER LETTER

1. Special Conditions and Circumstances - Special conditions and circumstances exist which are
peculiar to the, land, structure, or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district. Zoning violations or nonconformities on
neighboring properties shall not constitute grounds for approval of a proposed zoning variance.
1:, 1,\~u.,. 1@:Ak.JGvt.M ~!YS:P-: (11 )2 FT~ ~U\P!f!44l&S OIJ //Ir 1-'!i FT. !>E"l~

2. Not .S elf-Created - The special conditions and circumstances do not result from the actions of
the applicant. A self-created or self-imposed hardship shall not justify a zoning variance; i.e., when
the applicant himself by his own conduct creates the hardship which he alleges to exist he is not
entitled to relief.
ll-le 1e-JM&v\..AA ~M: 1v ::trt\z ~~ \? ex1'-ln,&. UpT {>rll1~

Of \;';Nc.&.>t?-<::!U:1~~1 w\::l~v ~ wtirv fi,gc.H~

3. No Special Privilege Conferred - Approval of the zoning variance requested will not confer on
the applicant any special privilege that is denied by this Chapter to other lands, building , or
structures in the same zoning district.
'-' 0 OTHel- ".lftz.vC,JUJY!a:~ A:~e. \U 1~~ ct..Jlv-oe.-~c~ "Re-)

4. Deprivation of Rights - Literal interpretation of the provisions contained in this Chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Chapter and would work unnecessary and undue hardship on the
applicant. Financial loss or business competition or purchase of property with intent to develop in
violation of the restrictions of this Chapter shall not constitute grounds for approval or objection.
C~"-I,->\? ~ . )
i"&10~eo Aoo,'.D@~ YMH-- w iz~,rii-Xb W"4-- ~ 1tJ
CZP%t>f'<..4i"lr:,.,.>C. ~l'-?P l:<,,wP,, R-/)4) Y.,JU,. H:litMt- ~ \Dt ~ rt: ~l'JC.~i,o;

M:'b I~ CA1r,c.AL re ~ l-vLX-:f\C.!,l w:'T!ite )11l,pfP';ze'.o btxit'IIC:PV


5. Minimum Possible Variance - The zoning variance approved is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
O\Jk'1; -.., !>M,.L,.L. :tl?JN-?WLAA A1l.Jl5.t? -,.•.~ w x. ~...7'' ~ (\cir:r ~,. ff.)

6. Purpose and Intent - Approval of the zoning variance will be in harmony with the purpose and
intent of the Zoning Regulations and such zoning variance will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
VAIYft>CE, W'y... t»! Ir» ll'->JuA,~ to Tu12: ~\~Ha,e ~ P§.1F't1~
1, :!'6¢ tyi,yc, ~
13

Staff Booklet Page I 61


638
ZONING MAP

Lake
HiatNassee

R-1AAA

Feet
[ : : ] SUBJECT SITE
0 700 1,400

AERIAL MAP

SUBJECT _ SITE
0 295 590

Page I 62 Board of Zoning Adjustment [BZA]


639
SITE PLAN

Lake Hiawassee
Vari•nce#S

46.3 ft. from the NHWE in


lieu of 50 ft. --- - .
t
i" I,'
IQ
I.OT43JI '•

5.1 ft

I/
I
I
Vulance#4
-----~--...-.---~-../ I
I
West side setback of 5.1 I
I
ft. in lieu of 7.5 ft. I
Addition #2 I
I

LOT 43A I
I
TRACT ··1··
I
I
I
• :.,, t.t'"Q fllOC'L I I
I
I
I
Variance #3 I
I
I
I
I
Existin1 west side setback r<-.. "" • ~·•"", - - - - - - --. I
M=>d
I
of 5.1 ft. in lieu of 7.5 ft.
'
I I
I
.1 ft. ': ' i ~·

I
Variance #6 Variance #1, #2

west side setback of 6 .5 Southeast front setback of 22.4


ft. in lieu of 7.5 ft . ft . In lieu of 30 ft.

South front setback of 26.1 ft. In


lieu of 30 ft.

Staff Booklet Page I 63


640
ELEVATIONS

Front Elevation - South


. . ..... ..
., ...,:,,-...
Rear Elevation - North
;,ix,
Alj,~,r.
~

_,,....__

Left Elevation - East


---
-·-'··-·-•-
-~

......_. ··-··-•-
_... -·...

_J

Richt Elevation - West

---••· ·- • -- - - -

Page I 64 Board of Zoning Adjustment [BZA)


641
SITE PHOTOS

Facing northeast from Summer Lakes Ct. towards front of subject property

Facing northwest from Summer Lakes Ct. towards proposed Addition #1 and Addition #3

Staff Booklet Page I 65


642
SITE PHOTOS

Facing north from Summer Lakes Ct. towards location of proposed Addition #1

Front yard, facing west from Summer Lakes Ct. towards proposed front of Addition #3

Page I 66 Board of Zoning Adjustment [BZA)


643
SITE PHOTOS

Front yard, facing north from Summer Lakes Ct. towards location of Addition #3

Rear yard, facing north towards location of proposed Addition #2 and Lake Hiawassee

St aff Booklet Page I 67


644
SITE PHOTOS

Rear yard, facing south side yard towards proposed location of Addition #2

Rear yard, facing south towards rear of property

Page I 68 Board of Zoning Adjustment [BZA)


645
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #3


Case#: ,VA-23-01-146 Case Planner: Jenale Garnett (407) 836-5955
Jenale.Garnett@ocfl.net
GENERAL INFORMATION

APPLICANT(s): EDUARDO BERTINATTI


OWNER(s): EDUARDO BERTINATTI
REQUEST: Variances in the R-lA zoning district as follows:
1) To allow a carport addition with an east front setback of 13 ft. in lieu of 25 ft.
2) To allow an addition with a north side setback of 4.29 ft. in lieu of 7.5 ft.
Note: This is the result of Code Enforcement
PROPERTY LOCATION: 234 Coleus Dr., Orlando, FL 32807, northwest corner of Coleus Dr. and Dogwood
Dr., west of S. Semoran Blvd., north of S.R. 408.
PARCEL ID: 27 -22-30-0382-20-090
LOT SIZE: +/- 0.26 acres (11,725 sq. ft.)
NOTICE AREA: 500 ft.
NUMBER OF NOTICES: 117
DECISION: Recommended APPROVAL of the Variance requests in that the Board finds they meet the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions (Motion by Juan Velez, Second by John Drago; 6 in favor: Thomas Moses,
Juan Velez, John Drago, Deborah Moskowitz, Joel Morales, Charles Hawkins, II; 1 opposed:
Roberta Walton Johnson):

1. Development shall be in accordance with the site plan and elevations received November 8,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

Staff Booklet Page I 69


646
4. Within 180 days the shed, carport, addition, covered patio, and wooden trellis shall be
permitted, or they shall be removed .

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for denial. Staff noted
that six (6) comments were received in favor of the application, and no comments were received in opposition.

The applicant described that the rationale for constructing the carport in the current location was due to the
angle of the house on the property and the covered patio designed along the line of the house.

There was no one in attendance to speak in favor or in opposition to the request.

Code enforcement staff discussed history of citation.

The BZA discussed the request, noted the angle of the house relative to its location on the lot and recommended
approval of the Variances by a 6-1 vote, subject to the four (4) conditions in the staff report.

STAFF RECOMMENDATIONS
Denial. However, if the BZA should find that the applicant has satisfied the criteria necessary for the granting
of the Variances, staff recommends that the approval be subject to the conditions in this report.
LOCATION MAP

Feet

*
SUBJECT S ITE
0 1,800 3,600

Page I 70 Board of Zoning Adjustment [BZA]


647
SITE & SURROUNDING DATA

Property North South East West


Current Zoning R-lA R-lA R-lA R-lA R-lA
Future Land Use LDR LDR LDR LDR LDR
Current Use Single-family Single-family Single-family Single-family Single-family
residential residential residential residential residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-lA, Single-Family Dwelling district, which allows single-family homes
and associated accessory structures and requires a minimum lot area of 7,500 sq. ft. The Future Land Use is
Low Density Residential (LOR), which is consistent with the R-lA zoning district.

The subject property is a 0.27 acre lot, platted in 1952 as Lot 9 in Block T of the Azalea Park Section Two Plat,
and is a conforming lot of record. The property is located on the corner of Coleus Drive and Dogwood Drive
and is developed with a 1-story, 2,251 gross sq. ft. single-fam ily home. There is also a shed located at the rear
of the property, which was installed without permits in 2021, based on aerial photography. The frontage is
considered Coleus Drive since it is the narrowest portion of the lot abutting a public street and the side street
is Dogwood Drive. There is a 5 ft. utility easement that runs along the west side of the property, but is not
affected by the Variance requests. The property was purchased by the current owner in 2009.

Beginning in 2013, several unpermitted additions to the home were built consisting of a 358.6 sq. ft. carport
at the east front of the home, a 24 ft. by 15.8 ft., 379.2 sq. ft. room addition (converted from a screen
enclosure) at the north side of the home, a 324 sq. ft. attached covered patio addition and a 110 sq. ft. wooden
trellis located on the northwest rear of the home.

Code enforcement cited the property owner on April 25, 2022 (CE#: 607414) for the installation
improvements without permits. Building permits (B22017705) for the carport addition and (B22017703) for
the rear room addition have since been submitted, but are on hold pending the outcome of these Variance
requests. A number of improvements subject to the Code citation have since been removed, except a shed
which has been temporarily relocated elsewhere on the property and will be removed prior to obtaining
permits for the subject requests .

The proposal is to allow a 24.5 ft. by 14.6 ft., 8 ft. high, carport to remain, located 13 ft. from the east front
property line in lieu of 25 ft., requiring Variance #1. Also requested is to allow a 32.4 ft. by 10 ft. covered patio
to remain, located 4.29 ft. from the north side property line, in lieu of 7.5 ft., requiring Variance #2. Although
many neighboring houses include carports in the surrounding area, they appear to meet setbacks. The original
house on the subject property was built in 1953 with a carport that complied with the zoning district setbacks,
however, it was converted to living area. In addition, the covered patio could have potentially been designed
to meet the side setback requirement, as the covered patio area could have been shifted by 3 ft. to the south
which would eliminate the need for Variance #2. Therefore, staff recommends denial of the requests.

As of the date of this report, three comments have been received in favor of this request and no comments
have been received in opposition to this request.

Staff Booklet Page I 71


648
District Development Standards
Code Requirement Proposed
8 ft. (carport, room addition)
Max Height: 35 ft. 10 ft. (covered patio, trellis)
11.2 ft . (existing residence)
Min. Lot Width: 75 ft. 97.7 ft.
Min. Lot Size: 7,500 sq. ft. 11,725 sq. ft .

Building Setbacks (that apply to structure in question)


Code Requirement Proposed
13 ft. (Ea st - Varian ce #1)
Front: 25 ft.

39.8 ft. (West)


Rear: 30 ft.

4.29 ft. (North - Variance #2)


Side: 7.5 ft.

24.7 ft. (South)


Side Street (Dogwood Dr.): 15 ft.

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
The special conditions and circumstances particular to the subject property are its configuration and angle at
which the house was constructed in relation to the property lines, which renders any addition or improvements
difficult without the Variances.

Not Self-Created
The Variance requests are self-created and are considered self-imposed hardships as they result from the
applicant con structing the improvements without a permit, as the additions could have been built to meet code
requirements.

No Special Privilege Conferred


Granting the Variances as requested would confer special privilege as there are several other properties in the
area with carports that appear to meet required setbacks. Furthermore, the applicant could relocate the
covered patio to meet code.

Deprivation of Rights
There is no deprivation of rights as the owner can continue to use the existing parking area without the need
for a Variance. Further, if a permit was obtained first the covered patio could have been installed in a location
and manner compliant with code.

Page I 72 Board of Zoning Adjustment [BZA)


649
Minimum Possible Variance
The requested Variances are not the minimum possible as there are options to lessen or eliminate them. The
improvements could have potentially been designed to meet front and side setback requirements, as there was
a sizeable vacant yard where all or a portion of the additions and alterations could have been placed in
compliance with code.

Purpose and Intent


Approval of the requested Variances would not be in harmony with the purpose and intent of the Zoning
Regulations as the code is primarily focused on minimizing the impact that structures have on surrounding
properties. There are options to lessen or eliminate the need for the Variances, thereby minimizing the impact
to the surrounding properties.

CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received November 8, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. Within 180 days the shed, carport, addition, covered patio, and wooden trellis shall be permitted, or they
shall be removed.

C: Eduardo Bertinatti
234 Coleus Drive
Orlando, FL 32807

Staff Booklet Page I 73


650
COVER LETTER

November 1, 2022

To the city of Orlando:

Cover Letter

Request for variance approval for carport.

The carport structure is attach to the home located at 234 Coleus drive, Orlando, FL 32807. The
structure measures 14.5 feet W by 24.5 feet Land it is 8 feet fl. The type of construction is wood
frciillc 2x6 and metal (aluminum) roof. The request for variance approval is regarding the
distance from the property line in the front of the house which the code requires to be 25 feet.
The actual carport is 13.5 feet from the closest point to the property line.

Special conditions and circumstances:

One of the main reasons of the carport is the need for protection from the excessive pollen that
goes on top of the cars and the front door going into the house. My oldest daughter
suffers from severe allergies which includes allergies to the Elm
tree, which happens to be the tree located right outside the front door. My daughter receives
allergy treatment every two weeks with injections to prevent symptoms. The carport helps keep
pollen and dust away from the front door, which keep is it away from going into the home and
protects the cars in a way that when she is ready to go in the car it is not cover in those allergens.

Another important consideration is the actual location of the house itself. It is a comer house, the
position of the house it is in an angle with the front of the house in coleus drive, which reduces
space and functionality since the driveway leading to the entrance of the house is in W1 odd
location. The request for the variance is for reasonable use of the land, the purpose and intent of
the use is safe and will not disrupt the harmony and appearance of the neighborhood.

Please consider the circumstances and need of the carport. which docs not only serve and benefit
the family. it also adds value to the property and neighborhood.

Thank you for your time and consideration:

Respectfully. ,

----~-----·---·---·········- --

Page I 74 Board of Zoning Adjustment [BZA]


651
COVER LETTER

1. Special Conditions and Circumstances - Special conditions and circumstances exist which are
peculiar to the land , structure , or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district. Zoning violations or nonconformities on
neighboring properties shall not constitute grounds for approval of a proposed zoning variance.
Hen\\- c,o(\6,-\:lQf' -~< m~ ooc - Loc.:c.~\-\o" o~

2. Not Self-Created - The special conditions and circumstances do not result from the actions of
the applicant. A self-created or self-imposed hardship shall not justify a zoning variance; i.e., when
the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not
entitled to relief.
rJo\. '.2e\~ - C:,{'e 0\.\-e~ ~(" s-e\ & ~ imros~ lorte 11.e:A 5a-Y"S
of TIie CAtfP~T IS -t1/cr r/([Xb P/loTt£CIIOc( 1?/([~5??1Vt.; Pr.>lt.&I,,
MY J>tWG4'7Z'Zt :; □ : s: : a s; F~ca.s '2cv/11!.C: ALLtOZ6LC£S.
( --rJ/(J'" a-t.l"f Tlltftr IS ct.o!:>CI!::> 10 nr ~rr1./()US<r)
3. No Special Priv'ilege Conferred - Approval of the zoning variance requested will not confer on
the applicant any special privilege that is denied by this Chapter to other lands, building, or
structures in the same zoning district.
~o ~c, \ ·
Pll.tJVc!Y'n t> e-lP ,-, "J>MJt;JtTtrlt.S M Il'I ,-,, ~II. 1-(a.,t)
$QM/£ Wfl<{'S /(AVc 1T Ah'b 1T boC,$ r107" ,4t.~ A<(y7Htr/(5 Ir{ 17//;_yl,t;vY
OF THlf" ~;)((S1/,{~ HOJ$(..r-s .'
4. Oepriv-ation of Rights - Literal interpretation of the provisions contained in this Chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Chapter and would work unnecessary and undue hardship on the
applicant. Financial loss or business competition or purchase of property with intent to develop in
violation of the restrictions of this Chapter shall not constitute grounds for approval or objection.
No c\.eQ<"\vZA'noo o.Q. c,5'n½ -/1Vd'"
c.A~~T ll&l'S 1,,.;e1<trAs4-
P/<r VAlvc!" of We' J./OUS(i /Wt> tf-1k'a::S TIier rl,Q61(5b</rltbb upk
""°'fi ~01><;/J,I'/ @ 71/tr ,</1..t:A '"1 aUMlo.
--
5. Minimum Possible Variance - The zoning variance approved is the minimum variance that will
make possible the reasonable use of the land, building, or structure.
H,o,mlAO f':ss\b\re v"'r\pf'ls e, ½5'()53 \-o."~ sa.k\t,

6 Purpose and Intent - Approval of the zoning variance will be in harmony with the purpose and
intent of the Zoning Regulations and such zoning variance will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
Cp.cv>os::+- ,5 \Q '°"?:-t.C<f\:?l'lj w@ ~ q20~ 1 ,\- 1> 52'.14=

ll

Staff Booklet Page I 75


652
ZONING MAP

0
1-----t-----t ci
C 0
._
~ 1---+----t ~ I---+---~ >-

- E
C R-1A
0 1 - - -.........- --t 0
c5 A..
1 - - - - t - - - - t .~ l---+----t
C
r
:
~
o~ 1 - - - + - - - - t
~ - -....• - _._.__.[ ~ - -...._- -~ 0
Dogwood Dr
r---r-----r----r--- """T"""- -.-- -.-- ::....,.- --,,-- --r-----y-- - ,-----.--~---, ...., 1 - - - - - t - - - - - - t

R-1A

Bamboo Dr

1 - - - -- - - - - - - - - - - - - - - - - - - -- - -- S
. tate· Road-408-- - - - - - -- ----i
State Road 408 On Ramp E
Feet
~: : : ~ SUBJECT SITE
0 430 B60

AERIAL MAP

Feet
SUBJEC T SITE
0 275 550

Page I 76 Board of Zoning Adjustment [BZA]


653
SITE PLAN

Variance ,# 2 Variance #1

North side setback of 4.29 ft. in East front setbadc of 13 ft. ln


lieu of 7 .5 ft. lieu of 25 ft.

1.ct'Oc/1

~ "---'------4186''- -- - -<i.·

~[ I
I
~!'EJ
~
t ~I+=-.--
\ - -
I 4'0.fO

., I Approxim at e
I location of shed
I to be removed LOT-9
BLOCK-T
I
_l§ ,. I
_ II
r.R.c., :W,
' .
I

L..

S'N"49 ~IJ"i 120· (P)


S89''9'50T 12000· (II)
_L
DOGWOOD DRIVE
AS~• PA,tlltN: 60° 11/t· (ptR P~T,'

Staff Booklet Page I 77


654
ELEVATIONS

_ _ _ _ _ _ -l::::.,!.Q.
------- -- --- - - - - ---- ---- ---

Front Elevation - East

t·\,(4Q1 . . . .
.,..,_
.,,11111' ...,

Rear Elevation - West

Ri&ht Elevation - North

------ _ ________ . .J. !: Lf-11,- .

-waoo•ttt L.lta-

Page I 78 Board of Zoning Adjustment [BZA]


655
SITE PHOTOS

Facing northwest from corner of Dogwood Dr. and Coleus Dr. towards subject property

Facing south from Coleus Dr. towards side of carport with the requested Variance

Staff Booklet Page I 79


656
SITE PHOTOS

Front yard, facing west towards carport and addition

Rear yard, facing north towards rear of residence

Page I 80 Board of Zoning Adjustment [BZA]


657
SITE PHOTOS

Rear yard, facing east towards front of covered patio

Rear yard, facing west towards covered patio (removal of improvements from easement)

Staff Booklet Page I 81


658
SITE PHOTOS

Rear yard, facing north towards side of wood trellis and covered patio

Page I 82 Board of Zoning Adjustment [BZA]


659
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN OS, 2023 Commission District: #2


Case #: VA-22-09-083 Case Planner: Jenale Garnett (407) 836-5955
Jenale.Garnett@ocfl.net
GENERAL INFORMATION

APPLICANT(s}:EDNERT THOMAS
OWNER(s}: DAVID FRITZ
REQUEST: Variances in the R-1 zoning district for the construction of a single-family
residence as follows:
1) To allow a lot width of 25 ft. in lieu of 50 ft.
2) To allow a lot area of 2,745 sq. ft. in lieu of 5,000 sq. ft.
3) To allow a north side setback of 3 ft. in lieu of 6 ft.- WITHDRAWN
4) To allow a south side setback of 3 ft. in lieu of 6 ft. - WITHDRAWN
PROPERTY LOCATION: 3776 Glover Ln., Apopka, FL 32703, west side of Glover Ln., north of Mccormick
Rd., east of Ocoee Apopka Rd., west of S.R. 429.
PARCEL ID: 29-21-28-6640-26-180
LOT SIZE: +/- 0.06 acres (2,745 sq. ft.)
NOTICE AREA: 500 ft.
NUMBER OF NOTICES: 88
Recommended APPROVAL of the Variance requests #1 and #2, in that the Board finds they meet
the requirements of Orange County Code, Section 30-43(3); further, said approval is subject to
the following conditions as amended; and, Variance requests #3 and #4 are WITHDRAWN
(Motion by John Drago, Second by Thomas Moses; 6 in favor: Thomas Moses, Juan Velez, John
Drago, Deborah Moskowitz, Joel Morales, Charles Hawkins, II; 1 opposed: Roberta Walton
Johnson):

1. Development shall be in accordance with the survey received August 15, 2022, subject to the
conditions of approval and all applicable laws, ordinances, and regulations. Any proposed
non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's
review and approval. Any proposed substantial deviations, changes, or modifications will be
subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA
makes a recommendation to the Board of County Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imgosed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

Staff Booklet Page I 83


660
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the
site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval of
Variances #1 and #2, and denial of Variances #3 and #4. Staff noted that two (2) comments were received in
favor of the application, and six (6) were received in opposition to the application.

The applicant discussed the size of the property, the need for the request, the history of the development of
the neighborhood and withdrew Variances #3 and #4 due to the need to meet the more restrictive septic
requirements.

There were two (2) individuals in attendance to speak in opposition of the request, which stated concerns about
water contamination, fire hazards and the narrowness of lot.

There was no one in attendance to speak in favor to the request.

The BZA discussed Variances #1 and #2, the applicant's withdrawal of Variances #3 and #4, regulatory state
septic requirements and recommended approval of Variances #1 and #2 by a 6-1 vote, subject to the three (3)
conditions in the staff report, with an amended Condition #1, which states "Development shall be in accordance
with the survey received August 15, 2022, subject to the conditions of approval, and all applicable laws,
ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject
to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications
will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a
recommendation to the Board of County Commissioners (BCC)."

STAFF RECOMMENDATIONS
Approval, of Variances #1 and #2, subject to the conditions in this report, and denial of Variances #3 and #4.
However, if the BZA should find that the applicant has satisfied the criteria for the granting of all Variances,
staff recommends that the approval be subject to the conditions in this report.

Page I 84 Board of Zoning Adjustment [BZA)


661
LOCATION MAP

1---+-------t~
.____.___. 0 _ _____.

~---- ,--,__ a--'- .._____.___ ;~ _ _____.

1--~:........::i I--~---'~ ~ - - i

_Mc_c _o rmlcl<.Roa
- l --~---~

CITY

F eet

*
SUBJECT SITE " ' -_ _. . __ _. . . _ ~ __._ __......__ ___.,__ _,...,
0 7 00 1 400

SITE & SURROUNDING DATA

Property North South East West


Current Zoning R-1 R-1 R-1 R-1 R-1
Future Land Use LOR LOR LOR LOR LOR
Current Use Single-family Single-family Single-family Single-family Single-family
residential residential residential residential residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-1, Single-Family Dwelling District, which allows single-fami ly homes
and associated accessory structures and requires a minimum lot area of 5,000 sq. ft. The Future Land Use is
Low Density Residential (LOR), which is consistent with the R-1 zoning district.

The property is located in the Paradise Heights Rural Settlement. Rural settlements are areas of the County
identified in the Comprehensive Plan, where a particular rural character is desired to be preserved by its
residents. Rural settlements typically limit certain uses, such as institutional uses, or commercial
development, and control densities. However, they typically have little impact on the development of
individual residential properties, as is the case for this request, which is not impacted by the Paradise Heights
Rural Settlement.

The area surrounding the subject site consists of single-family homes. The subject property is a vacant 0.06
acre lot with the exception of a concrete pad for parking. It was platted in 1926 as Lot 18 in Block 26 of the
Paradise Heights Subdivision. The subject property was under the same ownership as the parcel to the south
(Parcel# 29-21-28-6640-26-190) in 1988, but it is unclear when they were sold separately. The current owners
acquired the property in March 2022.

Staff Booklet Page I 85


662
Per Orange County Code Sec. 38-1401, if two or more adjoining lots were under single ownership on or after
October 7, 195 7, and one of the lots has a frontage or lot area less than what is required by the zoning district,
such substandard lot or lots shall be aggregated to create one conforming lot. As stated previously, since the
lot was under common ownership with an adjacent one, it cannot be considered to be a substandard lot of
record, and Variances are required for the lot width and lot size. The lot is 25 feet wide, but the R-1 zoning
district requires a minimum lot width of 50 ft., requiring Variance #1, and 2,745 sq. ft in size but the R-1 zoning
district requires a minimum lot area of 5,000 sq. ft., requiring Variance #2.

The applicant is proposing to construct a new 1,236 gross sq . ft., 26.8 ft. high two-story single-family home.
The proposal meets the east rear and west front setbacks required by the R-1 zoning district, as well as the
1,000 sq. ft. of minimum living area. However, due to the narrow width of the lot, a 3 ft. north side setback
and 3 ft. south side setback is proposed in lieu of 6 ft., requiring Variances #3 and #4. The 3 ft. south side
setback is a result of a proposed bay window. The remaining south side is setback at 5 ft. The surrounding
properties appear to meet the lot width standards and subsequently the side setbacks standards. Although
the subject property is smaller in comparison to the surrounding area; the width and size of the proposed
house could be lessened by eliminating the south side bay window, relocating the stairway, and reducing the
number of bedrooms.

The Development Engineering Division has provided comments that the placement of the septic tank at the
rear of the property is not supported due to the lack of adequate access to the system along both sides of the
structure. A minimum clearance of 8 ft. is necessary for access to the septic tank on one side of the lot.
Therefore, if the septic tank is located in the rear, then at least one side of the house will be required to be
setback 8 ft.

The Orange County Department of Health has provided comments that if approved would only be for a 1-
bedroom house with 750 sq. ft. of building area or less, which would otherwise be inconsistent with the
minimum building area requirement in the Zoning code.

The Orange County Comprehensive Planning Division reviewed the request and determined the R-1 zoning
classification is consistent with the LOR FLUM designation per Comprehensive Policy FLU8.l.l.

Staff has advised the applicant to revise the plan to ensure they meet the Development Engineering and
Department of Health requirements. However, the applicant requested to move forward with the plans in
this staff report.

As of the date of this report, one comment has been received in favor of the request and two comments
have been received in opposition to this request.

District Development Standards


Code Requirement Proposed
Max Height: 35 ft. 26.8 ft.
Min. Lot Width: 50 ft. 25 ft. (Variance #1)
Min. Lot Size: 5,000 sq. ft. 2,745 sq. ft. (Variance #2)

Page I 86 Board of Zoning Adjustment [BZA)


663
Building Setbacks (that apply to structure in question)
Code Requirement Proposed
25 ft. (East)
Front: 25 ft.

25 ft . (West)
Rear: 25 ft.

3 ft. (North - Variance #3)


Side: 6 ft. 3 ft. (South - Variance #4)

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
The special conditions and circumstance particular to the subject property is that it will be undevelopable
without the Variances for lot width and size, and renders any house design difficult without the need for side
setback Variances.

Not Self-Created
Variance #1 and #2: The owners are not responsible for the existing lot configuration or the combination of the
lots through ownership. Therefore, the substandard aspects of the lot are not self-created .

Variances #3 and #4: The request is self-created in that it is new construction and there are alternatives to
lessen or eliminate the requests.

No Special Privilege Conferred


Variance #1 and #2: Granting the Variances will not establish special privilege since there are other properties
in the area developed with single-family homes on 25 ft . wide lots.

Variances #3 and #4: The request would confer special privilege since there are no surrounding properties with
similar reduction in side yards.

Deprivation of Rights
Variance #1 and #2: Without approval of the requested Variances, the owners will be deprived of the ability to
construct a residence on the parcel.

Variances #3 and #4: There are no deprivation of rights since there are other options to lessen or meet the
required setbacks.

Minimum Possible Variance


Variances #1 and #2: The requested Variances are the minimum necessary to construct any improvements on
the property. The lots to the north and south are already developed with a single-family home, so there is no
possibility of acquiring additional land to meet the code requirements.
Staff Booklet Page I 87
664
Variance #3 and #4: The Variances are not the minimum, since the design of the house can be reduced in size
and width to lessen or meet code.

Purpose and Intent


Variances #1 and #2: Approval of these requests will be in harmony with the purpose and intent of the Code,
which is to allow infill development with lawfully constructed residences. Therefore, the approval of the
proposed lot size and width will allow for the construction of a new home.

Variance #3 and #4: Approval of the requested Variances would not be in harmony with the purpose and intent
of the Zoning Regulations as the code is primarily focused on minimizing the impact that structures have on
surrounding properties. There are options available to redesign the house to lessen the side setbacks.

Page I 88 Board of Zoning Adjustment [BZA)


665
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received August 15, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager 's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.

C: Ednert Thomas
2121 Hammock Moss Drive
Orlando, FL 32820

C: David Fritz
1018 Alder Tree Drive
Apopka, FL 32703

Staff Booklet Page I 89


666
COVER LETTER

August 15,2022

To whom it may concern:


I, Ednert Thomas, as agent for Fritz David , owner of property 3776 Glover Lane, Apopka Fl
32703.
As you will see the use of this lot will be consistent with the comprehensive Policy plan as
shown by architect engineer Theodore F Weppelmann The use of this residential lot will be in
harmony with the surrounding area and will be consistent with the pattern of surrounding
development as proposed by the architect engineer. The Architect Engineer has proposed a
structure for the site plan that would not cause a detrimental intrusion into the surrounding area
as shown on the site plan and attached picture. The variance request to use 3 feet side
setback au lieu 6 feet side setback for swale consideration , only 3 foot short for side setback
will not cause any prejudice to anyone as proposed by the architect engineer The proposed
structure would allow us to enjoy the same rights other neighbors enjoy in the neighborhood
while respecting the zoning division. The proposed structure will have minimum possible
variance due to the fact we are only requested 3 feet north and 3 feet South side setback au
lieu 6 feet side setback. and allow the 25 Feet wide au lieu 50 feet wide. in the meantime, we
will maintain all setbacks: 25 feet front setback, 25 feet rear setback, 28'-10'' feet height and
total living area 1140 square footage. We will maintain all other setbacks r,equested by the
zoning division. As shown on the attached floor plan the structure will be 19 feet by 59"-8" feet.
Our main goal is to develop this residential tot which has water, electricity available and rood
access to the property as soon as possible.

Please find the following documents attached:

1. Signed survey of the lot


2. Signed site plan by Architecture Engineer Theodore with elevations
3. Picture of the proposed structure
4. Variance requests
5. Detail of floor plan

Sincerely,

Ednert Thomas

Ednert Thomas

407 459-3771

Page I 90 Board of Zoning Adjustment [BZA]


667
COVER LETTER

1. Special Conditions and Circumstances - Special conditions and circumstances exist which are
peculiar to the land, structure. or building involved and which are not applicable to other lands.
structures or buildings in the same zoning district. Zoning violations or nonconformities on
neighboring properties shall not constitute grounds for approval of a proposed zoning variance.
The use will be consistent with the comprehensive policy plan.

2. Not Self-Created - The special conditions and circumstances do not result from the actions of
the applicant. A self-created or self-imposed hardship shall not justify a zoning variance; i.e .. when
the applicant himself by his own conduct creates the hardship which he alle.ges to exist. he is not
entitled to relief.
The use will be similar and compatible with the surrounding area and will be consistent with the

The patten of surrounding development.

3. No Special Privilege Conferred - Approval of the zoning variance requested will not confer on
the applicant any special privilege that is denied by this Chapter to other lands. building. or
structures in the same zoning district.
The use will not act as a detrimental intrusion into the surrounding area.

4. Deprivation of Rights - Literal interpretation of the provisions contained in this Chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Chapter and would work unnecessary and undue hardship on the
applicant. Financial loss or business compe.tition or purchase of property with intent to develop in
violation of the restrictions of this Chapter shall not constitute grounds for approval or objection.
The use will meet performance standards of the district in which the lot is located.

5. Minimum Possible Variance - The zoning variance approved is the minimum variance that 'Mill
make possible the reasonable use of the land. building. or structure.
The use will be similar characteristics that are associated with the majority of uses currently
Permitted in the zoning district.

6. Purpose and Intent - Approval of the zoning variance will be in harmony with the purpose and
intent of the Zoning Regulations and such zon ing variance will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The landscape buffer yards will be in accordance with Orange County Code and the buffer yard
types will track the district in that area the use is permitted.

Staff Booklet Page I 91


668
ZONING MAP

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Page I 92 Board of Zoning Adjustment [BZA]


669
SITE PLAN

Glover Ln.

I Variance #1
A lot width of 25 ft. in lieu of a
~

)02:
l minimum of 50 ft.

,i !
*I ~1.. !
;

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I I Variance #4
I Variance #2
South side setback of 3 ft. in
lieu of 6 ft.
A lot size of 2,745 sq. ft. In lieu of
ii
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North side setback of 3 ft. in


lieu of 6 ft.

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Staff Booklet Page I 93
670
FLOOR PLAN

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120 SfT COYER.ED PORCH 41! SfT UHl)ER A!R
80SfT MAR PATIO
TOTA.. FOOTP'l:NT S7S

Page I 94 Board of Zoning Adjustment [BZA]


671
ELEVATIONS

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Staff Booklet Page I 95


672
SITE PHOTOS

Facing west towards front of subject property

Facing east from existing fence towards Glover Lane

Page I 96 Board of Zoning Adjustment [BZA]


673
SITE PHOTOS

Rear yard, facing northwest towards rear of property

Rear yard, facing east towards proposed new residence

Staff Booklet Page I 97


674
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #2


Case#: SE-23-01-147 Case Planner: Jenale Garnett (407) 836-5955
Jena le .Ga rnett@ocfl.net
GENERAL INFORMATION

APPLICANT(s): KRISTY WALDON FOR WALDON PROFESSIONAL FUNERAL & CREMATION SERVICES
OWNER(s): WALDON PROFESSIONAL FUNERAL & CREMATION SERVICES LLC
REQUEST: Amendment to an existing Special Exception in the A-2 zoning district to allow a
detached crematorium building.
PROPERTY LOCATION: 3560 Plymouth Sorrento Rd., Apopka, FL 32712, west side of Plymouth Sorrento
Rd., north of W. Ponkan Rd., south of W. Kelly Park Rd.
PARCEL ID: 24-20-27-0000-00-031
LOT SIZE: +/- 4.9 acres
NOTICE AREA: 1 mile
NUMBER OF NOTICES: 714
DECISION: Recommended APPROVAL of the Special Exception request in that the Board finds it meets the
requirements governing Special Exceptions as spelled out in Orange County Code, Section 38-
78, and that the granting of the Special Exception does not adversely affect general public
interest; further, said approval is subject to the following conditions (Motion by John Drago,
Second by Roberta Walton Johnson; unanimous; 7 in favor: Thomas Moses, John Drago, Juan
Velez, Deborah Moskowitz, Roberta Walton Johnson; Joel Morales, Charles Hawkins, II and 0
opposed):

1. Development shall be in accordance with the site plan and elevations received November 11,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

Page I 98 Board of Zoning Adjustment [BZA]


675
SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, photos of the site,
and the outcome of the community meeting. Staff provided an analysis of the six (6) criteria and the reasons for
a recommendation for approval. Staff noted that six (6) comments were received in favor of the application,
and nine (9) in opposition to the application.

The applicant agreed with the staff presentation and mentioned a brief history of providing funeral home and
cremation services.

There was no one in attendance to speak in favor or in opposition to the request.

EPD staff described the requirements for the operation of cremation services and guidelines for compliance
with code for human cremation units.

The BZA unanimously recommended approval of the amendment to the Special Exception by a 7-0 vote, subject
to the three (3) conditions in the staff report.

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

LOCATION MAP

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0
Feet

2.250 4.500

Staff Booklet Page I 99


676
SITE & SURROUNDING DATA

Property North South East West

Current Zoning A-2 A-2 A-2 R-CE-2 A-2

Future Land Use R R R R R

Single-family
Funeral Home, Single-family Single-family
Current Use Vacant residence,
Crematorium residence residence
Vacant

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the A-2 Farmland Rural district, which allows agricultural uses, mobile
homes, and single-family homes on larger lots. Certain uses, such as Funeral and Crematorium Services, are
permitted through the Special Exception process. The future land use is Rural/Agriculture (R), which is
consistent with the A-2 zoning district.

The subject property is+/- 4.91 acres in size, and has an existing one-story 4,l0S sq. ft. funeral home and
crematorium facility, constructed in 2021 that consists of two chapels, offices, 2 bathrooms, and a detached
water tank. The area consists of single-family homes, a nursery, and some vacant lots in the immediate
vicinity. The property was purchased by the current owner in 2018.

In July 2017, the Board of County Commissioners approved a Special Exception (SE-17-05-038) to allow a
funeral home and crematory, but the crematory was never installed.

The proposal is an amendment to the existing Special Exception to allow for the construction of a 30 ft. by 30
ft., 900 sq. ft., 13.8 ft. high detached crematorium building located 26 ft. from the rear of the existing
structure. The proposed location for the crematorium is currently an undeveloped portion of the paring area,
which meets the required setbacks and will not require the removal of any trees or shrubs. The remainder of
the rear of the property is heavily wooded and the existing landscaping, will continue to buffer the adjacent
properties and view from Plymouth Sorrento Road. The use of the property, number of patrons and
employees will remain the same; therefore, no additional parking is required.

The parking requirements for the proposed funeral home:


Number of Number of
Required# Provided#
Type Parking Requirement seats in commercial
of Spaces of Spaces
chapel vehicles
1 space for each 4 seats in
Mortuaries chapel, plus 1 space for each 90 2 23 46
commercial vehicle

Based upon the above seating and commercial vehicles, the total parking spaces required is 25 parking spaces
while there are 46 existing parking spaces, which meets the requirement.

Page I 100 Board of Zoning Adjustment [BZA]


677
The hours of operations are not proposed to change from existing: Monday through Thursday between 9:00
a.m. and 5:00 p.m.; and Friday between 9:00 a.m. to 12:00 p.m.

Comprehensive Planning provided comments that the addition of the 900 sq. ft. detached crematorium
building to be used in conjunction with the existing funeral home and cremation services uses is consistent
with the Comprehensive Plan.

The Orange County Transportation Planning Division has reviewed the request and indicated a de minimis
application will be required prior to obtaining a building permit.

The Environmental Protection Division has reviewed the request and requires the crematorium to comply
with the Air General Permit 62-296.401 (S) F.A.C. for human cremation units.

A virtual Community Meeting has been scheduled for Tuesday, January 3, 2023, to allow for community
input. The meeting attendance and results will be provided at the Board of Zoning Adjustment hearing since
the Staff Report will be printed prior to the meeting.

As of the date of this report, no comments have been received in favor of this request and four comments
have been received in opposition to this request.

District Development Standards

Code Requirement Proposed

Max Height: 35 ft. 13.8 ft. (crematorium)


Min. Lot Width: 100 ft. 329.95 ft.
Min. Lot Size: 1/2 acre 4.91 acres

Building Setbacks (that apply to structure in question)

Code Requirement Proposed

Front: 35 ft. 108 ft. existing building (East)


Rear: so ft. 406.1 ft. (West)
10 ft. 76.1 ft. (North)
Side:
215.3 ft. (South)

STAFF FINDINGS

SPECIAL EXCEPTION CRITERIA


Consistent with the Comprehensive Plan
The provision of a crematorium as conditioned through the Special Exception process is consistent with the
Comprehensive Plan; since it continues to allow for the property to serve as a necessary resource for public
services.

Staff Booklet Page I 101


678
Similar and Compatible with the Surrounding Area
The proposed one-story building is internal to the site. Furthermore, the expansion will be compatible with the
approved use of funeral home and crematory.

Shall Not Act as a Detrimental Intrusion into a Surrounding Area


The improvement as proposed will not act as a detrimental intrusion into the surrounding area. The proposed
crematorium is consistent with the existing development and will not negatively impact the surrounding area.
It will be located in the rear of the existing funeral home and the operations, employees, and patrons will remain
the same.

Meet the performance standards of the district


The development as proposed will meet the performance standards of the districts.

Similar in Noise, Vibration, Dust, Odor, Glare, Heat Producing


There are no proposed uses that would generate noise, vibration, dust, odor, glare, or heat that is not similar to
the uses currently approved on the property.

Landscape Buffer Yards Shall be in Accordance with Section 24-5 of the Orange County Code
The improvements will be located entirely within a developed site. There are no additional buffer yards
required.

Page I 102 Board of Zoning Adjustment [BZA]


679
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received November 11, 2022,
subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed
non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board 's review or the plans revised to comply with
the standard.
C: Kristy Waldon
710 Lexington Green Lane
Sanford, FL 32771

Staff Booklet Page I 103


680
COVER LETTER

3560 PtYMOUTH SORRENTO ROAD SM


APOPKA, fl 32712
~ : 321-36HS92/ fax: 321-~ 3294
EmaU: waldonfune<alhome{toutlook.com
W~b.lt~: www.waldonfuneralhome.com

PURPOSE OF REQUEST:
Crematorium Use APPROVED, but never built.
Now applying to build crematorium in new se,parate building.
SIZE, HEIGHT, NUMBER OF BUILDINGS: 30 by 30 by 10 feet

NUMBER OF CLIENTS: over 400 deceased clients every year.

EMPLOYEES: 4 employees

DAYS AND HOURS OF OPERATION: Monday-Thur~ay9am to Spm Fridays 9am to 12pm

PROVIDED SERVICES: We are a full service funeral home and we provide funeral, cremation and
burial services.

WHAT CURRENTLY EXIST AND WHAT IS PROPOSED: Waldon Funeral Home is currently operating on
the property specified in this request. The only proposal at this time is to add the additional 900 sq
ft building for the crematorium. The crematory will be located in the grass patch directly behind
the current funeral home on the property.

HOW IT MEETS STANDARDS FOR SPECIAL EXCEPTION: The amended request still meets the stand-
ards for a special exception as it did when it was originally approved.

Landscaping currently installed is consistent and WILL NOT CHANGE


(See attached landscaping plans)

Paved Parking currently installed is consistent and WILL NOT CHANGE


(see attached parking requirement and parking plans)

The Crematory will be equipped with a roll up door for the privacy of all our clients and families.
Funeral home staff will be able to back vehicles into the crematory to unload the deceased in a
dignified manner. The crematory will also be equipped with a cooler for the proper storage of
deceased human bodies, while they wait for final disposition (cremation or burial).

TYPE NUMBER Number of Required Provided


OF SEATS Commercial Number of Spaces
IN CHAPEL Vehicles Spaces

MORTUARIES

Waldon
Funeral
90 2 23 46
Home

Page I 104 Board of Zoning Adjustment (BZA]


681
COVER LETTER

1. The use shall be consistent with the Comprehensive Policy Plan.

SPECIAL EXCEPTION GRANTED BY BCC CURRENTLY AMENDING TO ADD 900 SQ FT BUILDING


WALDON FUNERAL HOME IS CURRENTLY OPERATING ON THIS PROPERTY AS A FULL SERVICE
FUNERAL HOME

2. The use shall be similar and compatible with the surrounding area and shall be consistent wit
the· pattern of surrounding development.

SPECIAL EXCEPTION GRANTED BY BCC CURRENTLY AMENDING TO ADD 900 SQ FT BUILDING


THE ADDITIONAL BUILDING WILL BE CONSTRUCTED AS A PART OF WALDON'S ORIGINAi. FUNER
HOME AND CREMATORY SPECIAL EXCEPTION

3. The use, shall not act as a detrimentaJ intrusion into a surrounding area .

SPECIAL EXCEPTION GRANTED IN BY BCC CURRENTLY AMENDING TO ADO 900 SQ FT BUILDING


THE USE IS TO SERVICE THE PEOPLE OF ORANGE COUNTY AND SURROUNDING AREAS BY
PROVIDING FUNERAL AND CREMATION SERVICES.

4. The use shall meet the performance standards of the district in which the. use is permitted.

SPECIAL EXCEPTION GRANTED BY BCC CURRENTLY AMENDING TO ADD 900 SQ FT BUILDING


THIS USE WAS PREVIOUSLY APPROVED TO MEET THE USE PERMITTED.

5. The use shall be similar in noise. vibration, dust, odor, glare, heat producing and other
characteristics that are associated with the majority of uses currently permitted in the zoning
district.

SPECIAL EXCEPTION GRANTED BY BCC CURRENTLY AMENDING TO ADD 900 SQ FT BUILDING


THIS USED WAS PREVIOUSLY APPROVED TO MEET THE USES PERMITTED IN THE ZONING DIST

6. Landscape buffer yards shall be in accordance with sec1ion 24-5 of the Orange County Code.
Buffer yard types shall track the district in which the use is permitted.

SPECIAL EXCEPTION GRANTED BY BCC CURRENTLY AMENDING TO ADD 900 SQ FT BUILDING


PREVIOUSLY APPROVED

Staff Booklet Page I 105


682
ZONING MAP

CITY
CITY OF
CITY APOPKA

A-2
i :r:ROad
;o
A-2
- ~-__J~---"1;ci-=--:-r.:ar.:-::-=-~~~====:::!:==,---7
;.£!--------1
·c
A-2

....
•a,
R-CE-2
0
c,')

:.c
- -- - -- Hideaway Road 8====::;-__ _1-_ _ _ _ ......___,_7
a, \..-----------~E
C: 1+-- --1-------------- ,>-
C ..---"""T-"----r------,a.: CITY
,.,,
-J CITY

!c
\
a..

Feet
~: : : ~ SUBJECT SITE
0 950 1,900

AERIAL MAP

SUBJECT SITE
0 950

Page I 106 Board of Zoning Adjustment [BZA]


683
SITE PLAN

Staff Booklet Page I 107


684
PROPOSED CREMATORIUM FLOOR PLAN

,- -- - 30'-0- -- -·-· -
I

SHELVES OR
STORAGE CLOSET ·

10' X 15'
COOLER
!
I DOOR

I
30"- o·

l
! CI.\SSIC PRO
FRONT

. I
' OVERHEAD DOOR un
DOOR RECO•ENDED I' ■N tEIGHT TABLE

m
NORTH

Page I 108 Board of Zoning Adjustment [BZA)


685
PROPOSED CREMATORIUM ELEVATIONS

- - ,-.
,.._
- ,,.,

~ g ~

·-
j j
(North) (South)

(East/West) j
1 - - - - -- - -,t ..·- - - - - - -- - - - ~

-
...,
. 'r
; .:, ;

11----11----'t'..._ j j --.t..,._1-.J'_..,_ __,.-.l"-- ..


._(_
N_o-rt_h_)_ ___,~,...,,....
,~ <•~'""-_,,".,.,AU.
0
..,,. ..._ _ _ _ _ _ _ _ ____,
(South)
..~ ,.,~••~a-------·
,.,..w~t=

!
5

(East/West) j i----,,--6-i'--~ ,~- - - ...... ·-- ....,..•---1 ◄·- ,...,... -,--.•-----..-_...--


Lm/RICMT ~ 0£ M U.

Staff Booklet Page I 109


686
SITE PHOTOS

Facing west from Plymouth Sorrento Rd, towards front of subject property

Rear parking area, facing east towards rear of main building and proposed crematiorium

Page I 110 Board of Zoning Adjustment [BZA)


687
SITE PHOTOS

Rear parking area, facing south towards proposed crematorium building location

Staff Booklet Page I 111


688
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #1


Case#: SE-22-10-107 Case Planner: Ted Kozak, AICP (407) 836-5537
Ted. Koza k@ocfl.net
GENERAL INFORMATION

APPLICANT(s): ARTHUR HARDING FOR KOREAN PRESBYTERIAN CHURCH


OWNER(s): KOREAN PRESBYTERIAN CHURCH/ USA ORLANDO
REQUEST: Amendment to a Special Exception in the A-1 zoning district to install a modular
building (offices) for an existing religious institution.
PROPERTY LOCATION: 16796 Davenport Rd., Winter Garden, Florida, 34767, southeast corner of Avalon
Rd. and Davenport Rd., south of Marsh Rd., north of New Independence Pkwy.
PARCEL ID: 06-23-27-4284-04-300
LOT SIZE: 11.7 acres
NOTICE AREA: 1,500 ft.
NUMBER OF NOTICES: 58
DECISION: Recommended APPROVAL of the Special Exception request in that the Board finds it meets the
requirements governing Special Exceptions as spelled out in Orange County Code, Section 38-
78, and that the granting of the Special Exception does not adversely affect general public
interest; further, said approval is subject to the following conditions (Motion by Thomas Moses,
Second by Roberta Walton Johnson; unanimous; 7 in favor: Thomas Moses, Roberta Walton
Johnson, John Drago, Juan Velez, Deborah Moskowitz, Joel Morales, Charles Hawkins, II; 0
opposed:

1. Development shall be in accordance with the site plan and elevations received October 18,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

Page I 112 Board of Zoning Adjustment [BZA]


689
4. A permit shall be obtained within 3 years of final action on this application by Orange County
or this approval is null and void. The zoning manager may extend the time limit if proper
justification is provided for such an extension.

5. Prior to issuance of the permit for the modular building, a permit shall be obtained for the
shipping containers, or they shall be removed.

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, landscape plan,
and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation
for approval. Staff noted that no comments were received in support of the request and no comments were
received in opposition.

The applicant agreed with staff's presentation.

There was one in attendance to speak in favor of the request and no one in attendance to speak in opposition
to the request.

The BZA unanimously recommended approval of the amendment to the Special Exception by a 7-0 vote, subject
to the five (5) conditions in the staff report.

STAFF RECOMMENDATIONS
Approval, subject to the conditions in this report.

LOCATION MAP

* SUBJECT SITE
0

Staff Booklet Page I 113


690
SITE & SURROUNDING DATA

Property North South East West

Current Zoning A-1 A-1 A-1 A-1 A-1

RS-1/5 RS-1/5 RS-1/5 RS-1/5 RS-1/5


Lake Avalon Lake Avalon Lake Avalon Lake Avalon Lake Avalon
Future Land Use
Rural Rural Rural Rural Rural
Settlement Settlement Settlement Settlement Settlement
Vacant,
Religious
Religious Single-family Single-family
Current Use Vacant Institution
Institution residences residence
(under
construction)

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the A-1, Citrus Rural district, which primarily allows agricultural uses,
nurseries, and greenhouses, as well as mobile homes and single-family homes on larger lots. Certain non-
agricultural, non-residential uses, such as religious institutions, are permitted through the Special Exception
process. The Future Land Use is RS-1/5, which is consistent with the A-1 zoning district.

The property is located in the Lake Avalon Rural Settlement (LARS). Rural settlements are established through
the Comprehensive Plan, and are intended to identify areas with unique traits and characteristics which the
residents of those areas wish to preserve. The rural settlement designation typically impacts such
development factors as residential density, location and intensity of commercial and other nonresidential
uses, and with the exception of density, have no impact on single-family development. In the Lake Avalon
Rural Settlement (LARS) the maximum density is 1 unit per acre, and other portions allow 1 unit per 2 acres,
while the majority of the LARS allows 1 unit per 5 acres, which includes the subject property. The stated
purpose and intent of the LARS is to reinforce the rural character of the community, with acceptable
commercial uses stated as being limited to small offices and small commercial developments, compatible with
the existing rural development pattern. Rural Settlements restrict non-residential uses to those that support
existing residential uses and serve the residents of the community. Comprehensive Planning staff reviewed
the request and determined that the proposal is consistent with the policies contained within the
Comprehensive Plan.

The property is located within the Lake Avalon Rural Settlement Commercial Design Overlay District. This
overlay district is specific to commercial and office uses, and as such, the guidelines do not apply to an
institutional use.

The subject property is an 11.7 acre parcel that conforms to the minimum lot requirements of the zoning
district. The site contains a 16,188 sq. ft. sanctuary, an 8,100 sq. ft. education building used for Sunday school,
and a 12,000 sq. ft. gymnasium/ multi-purpose building. The site also contains other unpermitted
improvements such as three shipping containers that appear to have been installed after January 2022 via
aerial imagery. The property is a corner lot with frontage on both Davenport Rd. and Avalon Rd., although the
portion of the property abutting Avalon Road is not currently developed. The area is comprised of vacant

Page I 114 Board of Zoning Adjustment [BZA]


691
land to the south, single-family residences to the north and east, a religious institution under constru ction to
the west, and landscape nurseries.

At the time of construction for the sanctuary and education buildings on the campus, the County Code allowed
religious institutions by-right in the A-1 Zoning district. However, Code amendments approved in 2008
changed the use table to require a Special Exception for religious institutions located within a Rural
Settlement. In March 2016, a Special Exception was approved (SE-16-03-158) to allow a 12,000 sq. ft.
gymnasium.

The applicant is requesting an amendment to the Special Exception to allow a 24 ft. by 60 ft., 1,440 sq. ft.
modular office building for the religious institution on the property. The remaining campus is proposed to
remain as-is. The property contains one ingress/ egress to Davenport Rd. and no access is provided from
Avalon Rd.

There is no proposed change to the number of seats in the sanctuary. Based on the existing number of seats,
the use requires 88 parking spaces which was calculated using the Orange County Code requirement of 1
parking space per 3 seats for religious institutions (250 seats) for a total of 84 required spaces. Orange County
Code also requires 1 parking spaces per employee for 4 employees for a total of 4 required spaces. A total of
218 parking space are provided, meeting the requirement. All parking spaces are paved.

The hours of operation for the campus operations are not proposed to change: the typical hours for the church
offices are Monday through Friday, 9:00 a.m. to 5:00 p.m. and Sunday from 9:00 a.m. to 9:00 p.m., with the
regular services scheduled at 8:30 a.m. and 10:30 a.m.

The County Planning Division reviewed the application and stated that the proposed modu lar office building
is intended to be used for church administration and as such as an ancillary use to the existing church the
proposal is consistent with the Comprehensive Pan.

The County Transportation Planning Division reviewed a traffic study provided by the applicant and provided
comments that the proposed impact is minimal and the applicant will be required to submit a de minimus
application prior to obtaining building permit approval.

On Thursday December 15, 2022, a Community Meeting was held at Bridgewater Middle School to allow for
input. The meeting was attended by the applicant, County staff, and 15 attendees. The discussion included
the size and location of the proposed building and site lighting.

At the date of the writing of this report, no comments have been received in opposition or support of the
request.

District Development Standards

Code Requirement Proposed


Max Height: 35 ft. 10 ft. (modular)
Min. Lot Width: 100 ft. 960 ft .
Min. Lot Size: 0.5 acre 11. 7 acres

Staff Booklet Page I 115


692
Building Setbacks (that apply to structure in question) (Measurements in feet)

Code Requirement Proposed


Front: 35 ft. 300 ft. - South
Rear: so ft. 390 ft. - North
Side: 10 ft. 445 ft. - East
Side Street 15 ft. 200 ft. - West

STAFF FINDINGS

SPECIAL EXCEPTION CRITERIA


Consistent with the Comprehensive Plan
The Comprehensive Plan provides that certain uses, such as religious institutions, and ancillary uses or buildings
as conditioned are consistent with Rural Settlement Future Land Use through the Special Exception process.

Similar and compatible with the surrounding area


The new building will be integrated with other existing structures located on the religious institution campus,
which contains existing landscaping and buffers. The proposed building will be ancillary to the existing religious
use, and will not negatively impact the surrounding area since it will be over 300 feet from the closest single-
family residence.

Shall not act as a detrimental intrusion into a surrounding area


The new building will be located at the back of the property, and is over 200 feet from the nearest adjacent
property line and as such will not be a detrimental intrusion to the surrounding area.

Meet the performance standards of the district


The proposed use will meet the performance standards of the district.

Similar in noise, vibration, dust, odor, glare, heat generation


The applicant has not proposed any activities on the property that would generate noise, vibration, dust, odor,
glare, or heat that is not similar to other uses allowed in the Zoning district.

Landscape buffer yards shall be in accordance with Section 24-5 of the Orange County Code
The proposal will be located entirely within an existing campus on a developed site and no additional buffer
yards are required . Further, as required by Sec 24-4 of the Landscape Code, the foundation plantings as
indicated on the Landscape Plan will meet code requirements.

Page I 116 Board of Zoning Adjustment [BZA]


693
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received October 18, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of
development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. A permit shall be obtained within 3 years of final action on this application by Orange County or this
approval is null and void. The zoning manager may extend the time limit if proper justification is provided
for such an extension.
5. Prior to issuance of the permit for the modular building, a permit shall be obtained for the shipping
containers, or they shall be removed.
C:
Arthur Harding
P.O Box 783482
Winter Garden, FL 34778

Chris lee
5019 Sawyer Cove Way
Windermere, Fl 34786

Staff Booklet Page I 117


694
COVER LETTER

9 August 2022

Orange County Zoning Division


Board of Zoning Adjustment
201 South Rosalind Avenue
Orlando, FL 32801

This application has been prepared by Arthur H Harding Jr of Art Harding Construction Inc, Certified
General Contractor lie. No. CGC0229S0 on behalf of Korean Presbyterian Church/ UUSA of Orlando.

The Church's intent is to purchase and install a 24' >< 56' (1344 sf) modular office building at their e><isting
11.72-acre campus located at 16796 E Davenport Rd, Winter Garden FL 34787. The usage will be to
create office space for church administrative use which is currently housed in their Church Sanctuary
Building. The proposed occupancy is 3 enclosed office spaces, a conference room, open office seating
area and a men's/woman's restroom.

The module building shall conform to Orange County Zoning setbacks, Building Code, ADA, and
Landscaping requirements.

OC Quantity of Off-Street Parking Sec 38-1476 requires 1 parking space for each fi><ed seat provided for
patrons and 1 for each employee. The e><isting church buildings have seating for 500 people plus
appro><imately 8 offices/workstations in the proposed office module which is a total of 175 required
parking spaces. There are currently 218 e><isting designated parking spaces of which 6 are designate
handicapped accessible spaces.

Sincerely,

Arthur H Harding Jr
Certified General Contractor lie. No.CGC022950
407-467-4081
Art@ArtHardingConstruction.com

Page I 118 Board of Zoning Adjustment [BZA)


695
COVER LETTER

1. The use shall be consistent with the Comprehensive Policy Plan.


't 'f:.Cz I f'. I S CO/JS Lc;:r ra:'!7 u,JL tH: :n+c;, CDW1 f C2.J3 H-Et-!Sl\J ~

2. The use shall be similar and compatible with the surrounding area and shall be consistent with
the pattern of surrounding development.
'112:~ :r:t\:e vs~ IS $tlM 1LA12-- ANO CoiMPA-1\ ~LB W\1l+ '(l:h;-

3. The use shall not act as a detrimental intrusion into a surrounding area.
'{e<i I I J20\'2 ~ No7 A-c1. f'cS 11 1?~:I(l..1»-1~ I f'l7'2u<,.LC>N

4. The use shall meet the performance standards of the district in which the use is permitted.
i~ 'z I T ,lr\A::U-- \Mre:T TW f"~mtrt'!c:.-e S7~t?A1U> S
Of: ::n-±r;-. OtY7i2-ICT · lft,ttJ(I::\: kT l ~ f'GP-r\ll ( T'7€12

5. The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other
characteristics that are associated with the majority of uses currently permitted in the zoning
district.
"{ e Z ('"t l ~ S I1M , L18:Tl- \ ,_. ( BAAA: c::z @ t <:Z\ ~ S PrN O R>G <::-
t:l L>7 . 18M1J t:4otC 1? 1 vi flzfl.('t,to,-..,t 12"51 reli!Pr,:f!-<'t?O(l.1 ll1A1213
0'2- tl :@::::r p{201? V q 1.. Nft ( l±Afl A·C70l_l S1 l( <, .

6. Landscape buffer yards shall be in accordance with section 24-5 of the Orange County Code.
Buffer yard types shall track the district in which the use is permitted .
'i e> ::n:tr;: LA:r:H2 SC A: Pe i3U 8-i2? SH A:LL F¼- tN

15

Staff Booklet Page I 119


696
ZONING MAP

Feet
□ SUBJECT SITE
0 3 , 500
'1.750

AERIAL MAP

SUBJECT SITE
0 "1 . 200 2,400

Page I 120 Board of Zoning Adjustment [BZA)


697
SITE PLAN

Existing shipping
co ntainers

rr,; ·.
~ ·.
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f
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Staff Booklet Page I 121


698
LANDSCAPE PLAN

zaze:E <ti)---,,;;;;;;;;;;;;;.iiiiiiiiiiiiiiii[L

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------
=fJ=
------- .
. -------
-0

Undeveloped portion of property

Avalon Rd.

Page I 122 Board of Zoning Adjustment [BZA)


699
FLOOR PLAN - PROPOSED MODULAR BUILDING

A A
I \ I \

b
0
<O

Staff Booklet Page I 123


700
ELEVATIONS - PROPOSED MODULAR BUILDING

..- ~
II
~ II
~
II

D D D D

SOUTH - REAR ELEVATION

-•

~ ·r
II "" ~
II
·r ~"" II
-
...

CJ CJ CJ CJ

NORTH - FRONT ELEVATION

WEST ELEVATION

EAST ELEVATION

Page I 124 Board of Zoning Adjustment [BZA]


701
SITE PHOTOS

Property from Avalon Rd. facing east towards proposed building location in background

Property from Davenport Rd. facing south towards proposed building location, behind existing landscaping

Staff Booklet Page I 125


702
Interior of site·- parking area, facing southeast towards proposed building location in background

Facing south from Davenport Rd.at northeast corner of property, towards shipping containers and gym

Page I 126 Board of Zoning Adjustment [BZA]


703
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #3


Case#: SE-23-02-153 Case Planner: Ted Kozak, AICP (407) 836-5537
Ted.Kozak@ocfl.net
GENERAL INFORMATION
APPLICANT(s): MATTANIAH JAHN FOR VERTICAL BRIDGE
OWNER(s): KOREAN GRACE CHURCH IN ORLAND INC
REQUEST: Special Exception in the P-0 zoning district to allow the construction of a 130
ft. high camouflaged communication tower.
PROPERTY LOCATION: 7000 Winegard Rd., Orlando, FL 32703, west side of Winegard Rd., south side
of Forester Ave., north of W. Sand Lake Rd ., east of S. Orange Blossom Tri.
PARCEL ID: 26-23-29-000-00-087
LOT SIZE: +/- 6. 7 acres
NOTICE AREA: 1,500 ft.
NUMBER OF NOTICES: 1,068

STAFF RECOMMENDATION

CONTINUED BY APPLICANT TO THE FEBRUARY 2, 2023 BZA HEARING

LOCATION MAP

* SUBJECT SITE
0
Feet

2,700 S,400

Staff Booklet Page I 127


704
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #1


Case#: SE-22-07-047 Case Planner: Ted Kozak, AICP (407) 836-5537
Ted.Kozak@ocfl.net
GENERAL INFORMATION

APPLICANT(s) : MCGREGOR LOVE FOR GROWING MINDS SCHOOL


OWNER(s): IQBAL GAGAN, SALMA RAFAT
REQUEST: Special Exception and Variance in the R-CE zoning district as follows:
1) Special Exception to allow for an 8,500 sq. ft. day care center and private
school (kindergarten) with 146 students.
2) Variance to allow a south front setback of 10.4 ft. in lieu of 35 ft.
PROPERTY LOCATION: 8841 Palm Lake Dr., Orlando, FL 32819, north side of Palm Lake Dr., east of S.
Apopka Vineland Rd., west of Dr. Phillips Blvd., south of Conroy Windermere Rd.
PARCEl 10: 22-23-28-6560-01-030
LOT SIZE: +/- 1. 7 acres
NOTICE AREA: 600 ft.
NUMBER OF NOTICES: 54
DECISION: Recommended DENIAL of the Special Exception request in that the Board finds it does not meet
the requirements governing Special Exceptions as spelled out in Orange County Code, Section
38-78, and that the granting of the Special Exception does adversely affect general public
interest; and, DENIAL ofthe Variance request in that there was no unnecessary hardship shown
on the land; and further, it does not meet the requirements governing Variances as spelled out
in Orange County Code, Section 30-43(3). (Motion by Thomas Moses, Second by John Drago; 4
in favor : Thomas Moses, John Drago, Roberta Walton Johnson; Joel Morales; 3 opposed:
Deborah Moskowitz, Juan Velez, Charles Hawkins, II):

SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, elevations,
landscape plan, and photos of the site. Staff provided an analysis of the six (6) Special Exception criteria and the
reasons for a recommendation for approval and of the six (6) Variance criteria and the reasons for a
recommendation for denial since there are other options in order to eliminate the need for the Variance. Staff
noted that 71 comments were received in favor of the application and 140 comments were received in
opposition to the application.

The applicant team presented a Power Point and discussed details of the request, including hours of operation,
traffic, stacking, parking, site improvement design, building aesthetics and compatibility with the area.

There were ten individuals in attendance that spoke in favor of the request and there were 34 individuals in
attendance that spoke in opposition to the request, which included the provision of a detailed Power Point
presentation, citing concerns about traffic, stacking, compatibility with the neighborhood, and environmental
concerns.

Page I 128 Board of Zoning Adjustment [BZA)


705
The BZA discussed traffic issues and compatibility with the residences in the surrounding area and
recommended denial of the Special Exception and Variance by a 4-3 vote.

STAFF RECOMMENDATIONS
Approval of the Special Exception, subject to the conditions in this report, and denial of the Variance.
However, if the BZA should find that the applicant has satisfied the criteria necessary for the granting of the
Special Exception and Variance, staff recommends that the approva l be subject to the conditions in this
report.

LOCATION MAP

Feet

* S UBJ ECT SITE


0 2,800 5,600

SITE & SURROUNDING DATA

Property North South East West


Current Zoning R-CE R-CE R-CE R-CE R-CE

Future Land Use LOR LDR LDR LDR LDR

Current Use Vacant Religious Vacant Duke Energy County


Institution substation retention pond

Staff Booklet Page I 129


706
BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the R-CE, Rural Country Estate district, which allows single family homes and
certain agricultural uses with a minimum lot area of one (1) acre. Certain non-residential uses, such as day cares
and private schools, are permitted through the Special Exception process. The Future Land Use is Low Density
Residential (LDR), which is inconsistent with the Zoning District. Per Comprehensive Plan Policy FLU8.2.5.1 (2), a
rezoning may not be required for properties with inconsistent zoning and Future Land Use Map (FLUM)
designations for non-residential and residential uses when the proposed use is permitted in the existing zoning
district.

The subject property is a vacant 1. 7 acre lot, platted in 1953 as Lot 3, Block A of the Palm Lake Manor Plat that
conforms to the minimum lot requirements of the zoning district. The property is bounded on the north side by
an undeveloped portion of a religious institution, to the west by a County retention area, to the east by a Duke
Energy substation and to the south by Palm Lake Dr. and single-family residences. There is a 170 ft. utility
easement for overhead power lines through the center of the property.

In 2014, a previous request for a Special Exception and Variance (SE-14-01-003) on the subject site to allow a
13,000 sq. ft. religious institution and unpaved drive aisles and parking spaces in lieu of paved was denied by the
Board of County Commissioners.

The current request is a Special Exception for an 8,500 sq. ft. day care and private school. The 8,500 sq. ft.
building is proposed to be located at the southeast corner of the property to avoid the 170 ft. wide power line
easement which traverses the center of the site. The proposed building includes ancillary offices and classrooms
and an outdoor play area. The proposal includes 73 children for the day care and 73 students/ children for the
private school. The proposed building meets the north, east and west setback requirement for the R-CE district,
but is located 10.4 ft. from the front property line adjacent to Palm Lake Dr., requiring a Variance. Vehicular
access to the site will be provided from Palm Lake Dr.

The parking requirements for the overall campus are as follows:


1. School: 4 classrooms @ 4 parking spaces per classroom, requiring 16 spaces
2. Day care: 73 children, @ 1 parking space per 10 children, when a drop off lane is provided,
requiring 8 spaces

The total parking spaces required for the entire campus is 24 parking spaces. The proposed parking area contains
32 parking spaces, including 2 handicap spaces, thus meeting the parking code requirement. All parking spaces
will be paved.

The proposed landscape plan for the project will include canopy trees and clusters of shrubs along the north and
west property lines adjacent to the church and County retention area, respectively, to the east adjacent to the
substation and to the south along Palm Lake Dr., which includes a 6 ft. high wall, to provide for screening of the
outdoor play area. The majority of the perimeter landscaping areas are encumbered by the 170-foot power line
easement and as such is subject to the review and approval of Duke Energy and at this time, documentation of
such review and approval by Duke Energy has not yet been provided. Clustering of shrubs in some portions of
the buffers, along with the provision of shade trees every 40 ft. on-center, has been proposed which requires
deviations from Chapter 24. Per Sec 24-3(h), administrative deviations by the Zoning Manager from the strict
conformance of the Landscape Code, Chapter 24, is authorized where the application of this Chapter to a specific
Page I 130 Board of Zoning Adjustment [BZA]
707
site would result in a practical difficulty affecting economic use of the property. After documentation is provided
to the Zoning Manager, a determination will be made of the requested deviations of the Landscape Code due to
the easement and site constraints.

The proposed hours of operations provided are 7:30 a.m. to 5:30 p.m., daily. Also proposed is a queuing plan to
stagger drop-off in order to limit impacts.

The County Transportation Planning Division reviewed a traffic study accompanied by a detailed operational
analysis provided by the applicant's traffic consultant and has indicated that the proposed site plan along with
the modified conga line proposed by County staff has adequate on-site queuing to accommodate the drop-
off/pickup of students. The proposed driveway is not expected to have significant queues to obstruct through
traffic movements on Palm Lake Drive.
On Monday, December 5, 2022, a Community Meeting was held at Palm Lake Elementary School to allow for
input. The meeting was attended by the applicant, County staff, and 138 attendees. The majority of the
attendees spoke negatively about the proposal. Comments included concerns about traffic impacts and
speeding on Palm Lake Drive, traffic impacts to S. Apopka Vineland Rd., including turning southbound, onsite
drop-off and stacking issues, noise of the operations, negative affects to property values, the Duke Energy
easement and the power lines, future expansion of the number of children, hours of operation, the number of
spaces provided, the visual intrusion of the proposed setback from Palm Lake Drive, flooding in the area and
concerns about child safety.

The applicant team responded that the operations will have minimal impact on traffic and stacking since there
will be staggered arrival and dismissal times, and that there is no factual data that indicates negative effects of
the power lines. The applicant reiterated that the operations do not operate as a traditional school relative to
traffic impacts and will not be negative to the adjacent properties, which includes a retention area, a power
substation, an undeveloped portion of a church property and Palm Lake Drive.

At the date of the writing of this report, 123 comments have been received in opposition to the request and 65
comments have been received in support of the request.

District Development Standards

Code Requirement Proposed


Max Height: 35 ft. 25.2 ft.

Min. Lot Width: 130ft. 362.4 ft.

Min. Lot Size: 1 acre 1.7 acres

Building Setbacks (that apply to structure in question) (Measurements in feet)

Code Requirement Proposed


Front: 35 ft. (Palm Lake Dr.) 10.4 ft. (South - Variance)
Rear: 50 ft. 80 ft. (North)
10 ft. 223 ft. (West)
Side:
11.25 ft. (East)

Staff Booklet Page I 131


708
STAFF FINDINGS

SPECIAL EXCEPTION CRITERIA


Consistent with the Comprehensive Plan
The Comprehensive Plan provides that certain institutional uses as conditioned are con sistent with residential
Future Land Use designations through the Special Exception process, this includes day cares and public and
private schools.

Similar and compatible with the surrounding area


The proposed operations will be compatible with the adjacent properties in the area, which include an existing
religious institution to the north, a retention pond to th e west, an electrical substation to the east, and Palm
Lake Dr. to the south. Further, the operations are to be over 100 feet from the closest single-family residence
to the southeast.

Shall not act as a detrimental intrusion into a surrounding area


The proposed improvements will be located in a manner to minimize impacts to adjacent properties and is over
100 feet from the nearest single-family residence to the southeast. In addition, the proposal includes a 6 ft. high
wall and a 5 ft. wide landscape strip adjacent to the Palm Lake Dr. right-of-way, and as such will not be a
detrimental intrusion to the surrounding area.

Meet the performance standards of the district


Staff has recommended denial of the requested Variance and therefore the building size would be required to
be reduced to meet the required front setback and as such will meet the performance standards of the district.
Alternatively, if the Variance is granted, then the request would also meet the performance standards of the
district.

Similar in noise, vibration, dust, odor, glare, heat generation


There are no proposed activities on the property that would generate noise, vibration, dust, odor, glare, heat
producing and other characteristics that are not associated with the majority of uses permitted in the Zoning
district.

Landscape buffer yards shall be in accordance with Section 24-5 of the Orange County Code
The applicant has provided modified landscaping at the north property line buffer, at the south right-of-way
adjacent to Palm Lake Dr., and to the west and east. However as conditioned, landscaping will be in accordance
with Chapter 24 {Landscaping, Buffering and Open Space) of the Orange County Code.

VARIANCE CRITERIA
Special Conditions and Circumstances
There are no special conditions and circumstances. Although the site is constrained with a 170-foot wide power
line easement, the proposed building could be reduced in size and redesigned in a manner that meets the
setback requirements of the code.

Page I 132 Board of Zoning Adjustment [BZA)


709
Not Self-Created
The need for the Variance is self-created since there are other options available.

No Special Privilege Conferred


Granting this request would confer special privilege since there are no other similar requests for setback
Variances approved within the area.

Deprivation of Rights
There is no deprivation of rights as the owner has the ability to construct a building that complies with the
County Code by reducing the building envelope and therefore could reduce or eliminate the need for the
Variance.

Minimum Possible Variance


The requested Variance is not the minimum possible, as the requested building envelope could be reduced in
order to meet the required front setback.

Purpose and Intent


Approval of the requested Variance, relative to the site constraints pertaining to the 170-foot wide power line
easement through the center of the site, will allow improvements to the site which will be in harmony with the
purpose and intent of the Code, and with the proposed screening and land scaping, will not be detrimental to
adjacent properties.

Staff Booklet Page I 133


710
CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan, landscape plan and elevations dated November
18, 2022, except as modified to meet the front yard setback, subject to the conditions of approval, and all
applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or
modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial
deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in· any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.
4. A permit shall be obtained within 3 years of final action on this application by Orange County or this
approval is null and void. The zoning manager may extend the time limit if proper justification is provided
for such an extension.
S. Hours of operation shall be 7:30 a.m. to 5:30 p.m., daily.
6. The number of children for the day care shall not exceed 73 and the number of students for the private
school shall not exceed 73, for a cumulative total of 146 children.
7. Landscaping shall be in accordance with Chapter 24 (Landscaping, Buffering and Open Space).
C: McGregor Love
215 N. Eola Drive
Orlando, FL 32801

Page I 134 Board of Zoning Adjustment [BZA]


711
COVER LETTER

~ Lowndes MCGREGOR T, LOVE


Associate
mcgregor.love@lowndes-law.com
215 North Eola Drive, Orlando, Florida 32801-2028
T: 407-418-6311 I F: 407-843-4444
MAIN NUMBER: 407-843-4600

.......
TIT MEAITAS I AW flRMS WORLDWID!
4

December 21, 2022

Jennifer Moreau
Orange County Zoning Division
201 S. Rosalind Avenue
Orlando, FL 32802

Re: Application for Special Exception to Allow School at 8841 Palm Lake Drive (PIO:
22-23-28-6560-01-030)

Dear Jennifer:

This law firm represents Iqbal H Gagan and Salma Rafat, the owners of the above-referenced
Property, with respect to the application for special exception for the proposed 8,500 SF private
Montessori school (the "School") to be developed at the Property. The Property has a Comprehensive
Plan Future Land Use designation of Low-Density Residential. Consistent with this designation, the
Property is zoned R-CE (Country Estate District). The Property is currently undeveloped.

The Property is 1.75 acres and is subject to a power line utility easement in favor of Duke Energy
(the "Duke Energy Easement") and is located immediately north of Palm Lake Drive and to the east of
Apopka Vineland Road. The Property is bounded by a church to the north, a lake to the west, a powerline
substation to the east, and undeveloped property to the south. The Future Land Use designations of the
parcels surrounding the Property are Low-Density Residential.

The pending BZA application seeks a special exception to develop the Property as an 8,500 SF
School, as is depicted in the enclosed site plan. The proposed height of the School is 25 feet 2 inches.
Additional details regarding the anticipated operation of the School are as follows:

• Hours of Operation: 7:30AM - 5:30 PM


o Dropoff and pickup to be staggered, as outlined in Exhibit "A."

• Number of Students: 146

• Ages of Students: 3 months - six years old

Staff Booklet Page I 135


712
COVER LETTER

Jennifer Moreau
December 21, 2022
Page 2

0 The School will have two main programs: Infant/Toddler and Pre-K/K. The estimated
number of students in each program will be as shown in Exhibit "A."

• Number of Buildings: one

• Number of classrooms: eight (see proposed Floor Plan)

Orange County Code, Section 38-79(103), permits private schools as a special exception. Section
38-78 of the Code details the specific criteria that must be met for all special exception requests. In this
case, all of the criteria have been met as is discussed in more detail below.

{1) The use shall be consistent with the comprehensive policy plan.

The proposed School is consistent with the goals, objectives and policies of the County's
Comprehensive Plan. The proposed School will further the County's objectives of providing a community
of support for the positive development and growth of all (GOAL PSl). Moreover, the proposed School
will further the County's objective of enhancing community/neighborhood design through effective
school facility design and siting standards (OBJ PS2.2).

(2) The use shall be similar and compatible with the surrounding area and shall be consistent with
the pattern of surrounding development.

The proposed School is consistent with the character and pattern of development of the
surrounding area. The School would be located directly adjacent to Palm Lake Drive and just to the east
of Apop ka Vineland Road, a major roadway. While the surrounding area as a whole is primarily
residential, the area immediately surrounding the Property is either undeveloped or used for non-
residential purposes. At 8,500 SF, the proposed School would be low intensity and constit ut e a Floor
Area Ratio (FAR) of 0.11. As a result, the p roposed School would be compatible with the surrounding
area and consist ent with the pattern of development.

(3) The use shall not act as a detrimental intrusion into a surrounding area.

The proposed School will not act as a d etrimental intrusion into the character of the surrounding
area. As outlined above, the surrounding area and low intensity of the proposed School make it
compatible with the surrounding area rather than a detrimental intrusion.

(4) The use shall meet the performance standards of the district in which the use is permitted.

The proposed School meets the performance standards set forth in Orange Count y Code.

Page I 136 Board of Zoning Adjustment [BZA]


713
COVER LETTER

Jennifer Moreau
December 21, 2022
Page 3

(5) The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other
characteristics that are associated with the majority of uses currently permitted in the zoning
district.

The proposed School will produce no noise, vibration, dust, odor, glare, or other characteristics
dissimilar with the uses permitted in the zoning district.

(6) Landscape buffer yards shall be in accordance with section 24-5 of the Orange County Code.
Buffer yard types shall track the district in which the use is permitted.

The proposed School will be developed in accordance with Section 24-5 of the Orange County
Code.

As illustrated above, the proposed School meets all of the required standards for a special
exception that are set forth in the County Code. We appreciate the opportunity to request this special
exception. Please let me know if you have any questions or require any further information.

~x::.·====-- ==
McGregor Love

Staff Booklet Page I 137


714
COVER LETTER

Jennifer Moreau
Dec ember 21, 2022
Page4

Exhibit "A"
Schedule of Dropoff/Pickup by Program

B•fore Car• and Morning Morning Dismissals AjtKnOOfl Afttmoon Dismissals & A/ttr
Arrivals Arrivals Care
TIME 7:30 - 8:30- 8:50- 11:30- 11:50 12:20- 2:40- 3:15- 4:00-
WINDOW 8:50AM 8:50 9:10 11:45 AM - 12:40 PM 3:10 PM 3:45 PM 5:30 PM
AM AM AM 12:10PM
WINDOW 80min. 20 20 15 min. 20 min. 20min. 30min. 30min. 90min.
LENGTH min. min.
PROGRAM• ITP; Pre- ITP Pre- ITP Pre-K/K Pre-K/K ITP Pre-K/K ITP; Pre-
K/K K/K K/K
APPX. 32- 42 25-32 32 - 40 12 - 14 30 30 32-42. 35-45 32-42
NUMBER OF
CHILDREN
Nottts GMMS has multiple programs to help spread out arr/val/dismissal times: Before Care, After Care, Half-
Day, Extended Day, and Full-Day options. Drop off windows are provided so not all students in each
program arrive at the same time.
The Infant-toddler program has options 2-5 days a week, where many children attend twice a week (half
day or full day}
While the number of children arriving during each window will vary, the arrival windows and the
maximum total enrollment (146 children) will remain the same

*JTP = Infant/Toddler Program;


Pre-K/K = Pre-Kindergarten/Kindergart en

Page I 138 Board of Zoning Adjustment [BZA]


715
COVER LETTER

!CiLowndes MCGREGOR T. LOVE


mcgregor.love@ lowndes-law .com
215 North Eola Drive, Orlando, Florida 32801-2028
T: 407-418-6311 J F: 407-843-4444
MAIN NUMBER: 407-843-4600

.......
ffl MERITAS•L AW FIR MS WORLDWIDE

December 21, 2022

Ted Kozak
Chief Planner
Orange County, Florida
201 S. Rosalind Avenue
First Floor
Orlando, FL 32801

Re: Application for Setback Variance for Proposed Private School Located at 8841
Palm Lake Drive (PIO: 22-23-28-6560-01-030}

Dear Ted:

This law firm represents Iqbal H Gagan and Salma Rafat, the owners of the above-referenced
Property, with respect to the application for a setback variance that is enclosed herein and described in
more detail below. The Property is 1.75 acres and is subject to a power line utility easement in favor of
Duke Energy (the "Duke Energy Easement" or "Easement"). It is located immediately north of Palm Lake
Drive and to the east of Apopka Vineland Road. The Property is bounded by a church to the north, a lake
to the west, a powerline substation to the east, and undeveloped property to the south. The Future
Land Use designations of the parcels surrou nding the Property are Low-Density Residential.

The proposed use of the Property is an 8,500 SF School, as is depicted in the enclosed site plan
included with this application. This request is for a variance to allow a portion of the School to be located
10.4 feet from the southern property boundary, in lieu of the thirty-five (35) foot front setback
requirement under Code. Section 30-43(3) of the Orange County Code details the specific criteria that
must be met for all variance requests. In this case, all of the criteria have been met, as is discussed in
more detail below.

(1) Special Conditions and Circumstances.

Special conditions and circumstances exist which are pecu liar to the Property which are not
applicable to other lands in the same zoning district. In particular, the 170-foot-wide Duke Energy
Easement that bisects the Property effectively limits development to the southeast corner of the
Property. While Duke Energy has informally indicated that it will not object to paved parking within the

Lowndes, Drosdick, Doster, K~ntor & Reed, P.A. lowndes-law.com

Staff Booklet Page I 139


716
COVER LETTER

Ted Kozak
December 21, 2022
Page 2

Easement area, Duke Energy will object to any portion of the School building being placed within the
Easement area.

Moreover, as shown on the below image from the Orange County Property Apprai ser's Map, t he
southern boundary of the Property is separated from the paved portion of Palm Lake Blvd. by more than
21 feet of grass (the "Grass Buffer").

As a result of the Grass Buffer, if the variance is approved, the School building would be setback nearly
32 feet from the paved ROW. For the foregoing reasons, special conditions and circumstances exists
which justify the request.ed front setback variance.

(2) Not Self-Created.

The special conditions and circumstances presented by the Duke Energy Easement did not result
from the applicant's actions.

Page I 140 Board of Zoning Adjustment [BZA]


717
COVER LETTER

Ted Kozak
December 21, 2022
Page 3

(3) No Special Privilege Conferred.

Approval of the requested var iance will not confer on the applicant any special privilege that is
denied to other lands or buildings in the same zoning district. As outlined above, the requested variance
is justified by the highly peculiar special conditions and circumstances presented by the Duke Energy
Easement, which limits the effective developable area of the Property. As a result, the applicant's
justification for the requested variance would not apply to lands within the same zoning district which
are not subject to similar private restrictions. Moreover, the applicant is not seeking the requested
variance in order to construct a building that would not otherwise be permitted within Property's zoning
district. App roval of the requested variance would allow a building of modest intensity with a Floor Area
Ratio (FAR) of approximately 0.11. For the foregoing reasons, no special privilege would be conferred
on the applicant by approving the requested variance.

(4) Deprivation of Rights.

The denial of the requested variance would deprive the applicant of rights common ly enjoyed by
other property owners in the vicinity of the Property and would work unnecessary and undue hardship
on the applicant. As discussed above, the Duke Energy Easement substantially limits the portion of the
Property to be developed. Denial of the requested variance would prohibit the development of a
building large enough to be reasonably used as a private school. As a result, literal interpretation of
Code would deprive the applicant of the right to develop the Property.

(5) Minimum Possible Variance.

The requested variance is the minimum variance that will make possible the reasonab le use of
the land. Approval of the variance will allow development of a school large enough to accommodate a
modest enrollment of app roximately 146 students. A lesser setback variance would not allow a building
large enough to make reasonable use of the land.

(6) Purpose and Intent.

The approval of the requested variance will be in harmony with t he purpose and intent of Orange
County Code and will not be injurious to the neighborhood or ot herwise detrimental to the public
welfare. The proposed School is consistent with the character and pattern of development of the
surrounding area. The School would be located directly adjacent to Palm lake Drive and just to the east
of Apopka Vineland Road, a major roadway. While the surrounding area as a whole is primarily
residential, the area immediately surrounding the Property is either undeveloped or used for non-
residential purposes. As a result, the proposed School would be compatible with the surrounding area
and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

Staff Booklet Page I 141


718
COVER LETTER

Ted Kozak
December 21, 2022
Page 4

In addition, approval of the requested variance will be in harmony with the purpose of setbacks.
As outlined above, the southern boundary of the Property is separated from the paved portion of Palm
Lake Blvd. by the 21-foot Grass Buffer, ensuring adequate separation of the School from the ROW.

As illustrated above, the proposed use meets all of the required standards for a variance that are
set forth in the County Code. In support of this variance request, enclosed please find t he fo llowing:

(a) Application form;

(b) Application fee payment;

(c) OCPA Map of the Property;

(d) Legal Description of the Property (copy of the deed);

(e) Copies of site plan;

(f) Agent Authorization;

(g) Specific Project Expenditure Report;

(h) Relationship Disclosure Form; and

We appreciate the opportunity to request this variance. Please let me know if you have any
questions or require any further information.

M cGregor T. Love
MTL/MTL

Page I 142 Board of Zoning Adjustment [BZA]

719
ZONING MAP

R-CE

---- ~
)>
1---'----'----.......---"--.....---....:;..---,---,---r--"""'T-""II
"'C
0
"'C
~
< 1--- - ~ -.--....-:c

R-:-1 A-A----Is·
(I)
Q
:,
L---.r-.--------------~~----
a. R-CE
:,0
0
C
t----------rt
a. R-1AA

R-1AA

Feet
SUBJ ECT SITE
0 700 "1 , 400

AERIAL MAP

SUBJECT SITE
0 250 500

Staff Booklet Page I 143


720
BOUNDARY SURVEY

Page I 144 Board of Zoning Adjustment [BZA)


721
SITE PLAN
\
\

\
·-----
i _....,,,,
I

170-foot II
powerline
easement

\
\
\
\
\

I
I

I
I
I

~ I
ulred :
ft. fr~n~

Staff Booklet Page I 145


722
LANDSCAPE PLAN

pe
II/

:I
15 ft.

with
h
k_ .
cluster ng
- ---- - l I\
7ft. \
landscape, \ ~--~..!:.~
no shrubs \

Page I 146 Board of Zoning Adjustment (BZA]


723
FLOOR PLAN

fTP
cu.ssiiooM
~

fTP
~
~

_/ I
I
lbI KG
ctASS"°°"'
~

6.+IT
'iJ'ro,

~
KG
Q.A.'lSAOOM
"°' SI'
~

Staff Booklet Page I 147


724
ELEVATIONS

[IJ[IJ DJ DJ

NORTHWEST ELEVATION - MAIN ENTRANCE

- . -- GMOCR"N:;nJCCOnOf
.trU.MNI.M~3

====
[IJ[I] [I] OJ

WEST ELEVATION

- - t - - !MXJJH:mJ000f"ICt'I

[I]
□ [I] DJ [I] [I]

SOUTH ELEVATION - PALM LAKE DRIVE

AU.U...... ~

DJ [I] [I]

EAST ELEVATION

Page I 148 Board of Zoning Adjustment [BZA]


725
SITE PHOTOS

Frontage facing northeast from Palm Lake Drive


r

Facing north from Palm Lake Dr. proposed building location at southeast property line

Staff Booklet Page I 149


726
SITE PHOTOS

Frontage along Palm Lake Dr. at southwest property line facing north towards adjacent church at rear
\

Facing east along Palm Lake Dr. towards proposed building and parking location, Palm Lake Dr. to the right

Page I 150 Board of Zoning Adjustment [BZA]


727
SITE PHOTOS
/

Facing east from north property line towards Duke substation

East property line, facing south towards proposed building location and Palm Lake Dr.

Staff Booklet Page I 151


728
SITE PHOTOS

\ \ I
I
I

Facing west from S. Apopka Vineland Rd. towards property in background behind retention pond

County retention pond located at the northeast corner of Palm Lake Dr. and S. Apopka Vineland Rd.

Page I 152 Board of Zoning Adjustment [BZA]


729
BZA STAFF REPORT
Planning, Environmental & Development Services/ Zoning Division

Meeting Date: JAN 05, 2023 Commission District: #3


Case#: VA-23-02-169 Case Planner: Taylor Jones (407} 836-5944
Taylor.Jones@ocfl.net
GENERAL INFORMATION

APPLICANT(s): NASSER ABU RUSH FOR ABLE LINEN LLC


OWNER(s): ABLE TOWING AND ROADSIDE LLC
REQUEST: Variance in the C-1 zoning district for the construction of a building (laundry
facility) with an east side street setback of 10.1 ft. in lieu of 15 ft.
PROPERTY LOCATION: North side of E. Lancaster Rd., south side of E. Castle St., west side of Maiden
Lane, west of S. Orange Ave., east of Winegard Rd.
PARCEL ID: 24-23-29-0192-31-010
LOT SIZE: +/- 0.94 acres (41,362 sq. ft.)
NOTICE AREA: 500 ft.
NUMBER OF NOTICES: 129
DECISION: Recommended APPROVAL of the Variance request in that the Board finds it meets the
requirements of Orange County Code, Section 30-43(3); further, said approval is subject to the
following conditions (Motion by Juan Velez, Second by Roberta Walton Johnson; unanimous; 7
in favor: Thomas Moses, John Drago, Juan Velez, Roberta Walton Johnson, Deborah Moskowitz,
Joel Morales, Charles Hawkins, II; 0 opposed):

1. Development shall be in accordance with the site plan and elevations received December 14,
2022, subject to the conditions of approval and all applicable laws, ordinances, and
regulations. Any proposed non-substantial deviations, changes, or modifications will be
subject to the Zoning Manager's review and approval. Any proposed substantial deviations,
changes, or modifications will be subject to a public hearing before the Board of Zoning
Adjustment (BZA) where the BZA makes a recommendation to the Board of County
Commissioners (BCC).

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

3. Any deviation from a Code standard not specifically identified and reviewed/addressed by
the Board of County Commissioners shall be resubmitted for the Board's review or the plans
revised to comply with the standard.

4. A permit shall be obtained within 3 years of final action on this application by Orange County
or this approval is null and void. The zoning manager may extend the time limit if proper
justification is provided for such an extension.
Staff Booklet Page I 153
730
SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, building plans, and
photos of the site. Staff provided an analysis of the six (6) Variance criteria and the reasons for a
recommendation for denial. Staff noted that no comments were received in support of the request and one
comment was received in opposition.

The applicant generally agreed with the staff recommendation and discussed the need for the Variance.

There was one person in attendance to speak in favor of the request and no one in attendance to speak in
opposition to the request.

The BZA unanimously recommended approval of the Variance by a 7-0 vote, subject to the four (4) conditions
in the staff report.

STAFF RECOMMENDATIONS

Denial. However, if the BZA should find that the applicant has satisfied the criteria necessary for the granting
of a Variance, staff recommends that the approval be subject to the conditions in this report.

LOCATION MAP

* SUBJECT_SITE
0
Feet

1 , 050 2.100

Page I 154 Board of Zoning Adjustment [BZA]


731
SITE & SURROUNDING DATA

Property North South East West


Current Zoning C-1 R-3 PD C-1 C-1
Future Land Use C LOR LMDR C C
Current Use Vacant, and Vacant, and
Single-family Single-family nonconforming nonconforming
Vacant
residential residential Single-family Single-family
residential residential

BACKGROUND AND ANALYSIS

DESCRIPTION AND CONTEXT


The subject property is located in the C-1, Retail Commercial District, which allows for a variety of commercial
uses and businesses, including restaurants, retail, and offices, as well commercial laundry facilities. The Future
Land Use is commercial, which is consistent with the zoning.

The subject property is 41,362 sq. ft. in size, and 145 ft. in width. The parcel consists of 4 original platted lots
(lots 1,2, 7, and 8 of Block 31) from the W RANN OS ADD TO PINECASTLE Plat, recorded in 1913. The applicant
is proposing to construct an 18,946 sq. ft. building and related site improvements to be utilized as a
commercial laundry facility.

The subject property is bounded on three sides by rights-of-way (ROW). As such, the parcel is a both a double
front lot (also referred to as a through lot) having two frontages on parallel streets, as well as a corner lot.
One front yard is abutting E. Lancaster Rd to the south and the other abuts E. Castle Street to the north. As
these two streets are parallel, and do not intersect, both are considered front yards, per code. To the east
side of the property is a platted right-of-way that intersects with both E. Castle Street and E. Lancaster Street,
making this a corner lot as defined in code. The abutting unnamed ROW to the east is 20 ft. wide and was
created with the original plat in 1913. It is an unimproved, unopened, and unmaintained ROW. This is
referred to as a "paper right-of-way", as it exists as a ROW on paper only. The lot orientation, with applicable
setbacks, is labelled on Figure 1: Lot Orientation on the next page of this report. The request is for a Variance
to the side street setback requirement of 15 ft., to allow it to be setback 10.1 ft. in lieu of 15 ft.

While the abutting right-of-way to the east is unopened and unmaintained, it is still platted as a ROW, and
controlled by the County. As such, it is treated the same as any other street regarding setbacks. The
unopened, unmaintained, and unnamed right-of-way on the east is considered a side street, and per Sec. 38-
830(5), a 15 ft. side street setback would be applicable. The 20 ft. wide ROW is too small by today's code
standards for platted ROW, which is a minimum of 50 ft. in width. As such, this ROW will not be improved by
the County. The County would potentially allow a property owner to build a driveway in this ROW for access
to a property, subject to obtaining a ROW utilization permit. The County would also allow a utility company
to utilize the ROW for purposes of installing utilities, but the ROW would never be improved to be used as a
public thoroughfare for vehicular travel and would not be utilized as a true street for public use.

Staff Booklet Page I 155


732
FIGURE 1: LOT ORIENTATION WITH SETBACKS

~ w\ND~ STER ROAD Unopened, unmaintained,


unnamed. 20 ft. wide

The entirety of the block has a future land use designation of commercial, and a zoning designation of C-1.
Most of the block is compri sed of vacant lots. There is an existing church on the southeast corner of the block,
and 3 lots that contain existing, non-conforming, single family dwelling units built in the 1950s. Directly
abutting the subject parcel to the west is a lot containing a non-conforming single-family dwelling. The
existing uses on this block are depicted in Figure 2: Existing Uses on Block below.

FIGURE 2: EXISTING USES ON BLOCK


1

Page I 156 Board of Zoning Adjustment [BZA)


733
The minimum side yard setback is Oft. for the C-1 district, but there is an increased setback requirement of
15 ft. minimum when abutting a residential zoning district, however, the increased setback is not applicable
to this property. While the zoning code only requires increased setbacks when abutting a residential district,
the landscape code (Chapter 24), requires a type C buffer between C-1 and all residential districts or uses
(regardless of zoning district). A type C buffer is required to be 15 ft. in width . So, while the minimum required
setback in the zoning code is Oft., a type C buffer that is 15 ft. wide is required, which is a de facto setback of
15 ft. However, Chapter 24 allows the Zoning Division Manager the ability to grant deviations from the
landscape code, to reduce buffer widths, and reduce landscape requirements. Currently, the site plan is
providing the required plantings within a buffer width of 10 ft. in lieu of the 15 ft. required, which will be
administratively approved, subject to the approval of the requested Variance.

The site is required a total of 22 parking spaces, based on the parking ratio of 1 space for each bay, plus 1
space for each 1,000 square feet, and 22 spaces are being provided. Furthermore, the minimum required
maneuverability and drive aisle widths, as well as the maximum allowable compact parking spaces have been
provided to utilize the site to its maximum efficiency, and reduce impacts on both abutting residential, and
impervious and open space.

The site is required a minimum of 20% open space and is currently providing 30.36% open space.

The applicant has indicated that at a pre-review meeting for this project in May 2021 they were advised that
they had 10 ft. side yard setbacks, and they subsequently designed their project accordingly. Unfortunately,
there are no minutes or written documentation as to the discussion during that meeting and the Zoning staff
member in attendance at that time no longer works for Orange County. That said, there are options to revise
the site plan to meet the required side and street side yard setbacks, such as shifting the building 5 ft. to the
west. Additionally, the applicant could request to vacate the ROW, such that the street side yard setback
would no longer apply, and the property width would be increased by 10 ft. (as the vacated ROW is split
between the adjacent property owners.

While the request meets 5 of the 6 standards for Variance criteria, it does not meet all of the standards, since
the Variance is self-created, as the building could be reduced to meet all setbacks. As such, staff is
recommending denial of this request.

As of the date of this report, no comments have been received in favor or in opposition to this request. This
Variance is being requested, as a result of denial comments received on the submitted building permit. The
applicant is requesting the Variance so that the building can be placed as it was originally designed.

District Development Standards


Code Requirement Proposed
35 ft. (within 100 ft. of residential 12 ft. (Addition - highest point of
Max Height:
zoning to the north) roofline extension)
Min. Lot Width: 80 ft. 60 ft.
Min. Lot Size: 6,000 sq. ft. 6,416 sq. ft.

Staff Booklet Page I 157


734
Building Setbacks (that apply to structure in question)
Code Requirement Proposed
93.91 ft. (South)
Front (E. Lancaster Rd): 25 ft.

35.43 ft. (North)


Front (E. Castle Street): 25 ft.

10.1 (West)
Side: 0 ft.

10.1 ft. (East)


Side Street: 15 ft.

STAFF FINDINGS

VARIANCE CRITERIA
Special Conditions and Circumstances
This site abuts an unopened, unmaintained right-of-way, which creates an increased setback requirement. This
right-of-way was created with the original plat in 1913 but is substandard to today's requirements for a travelled
thoroughfare and will never be utilized as a true street.

Not Self-Created
The Variance is self-created, as the building could be reduced in size or shifted to meet all applicable setbacks.

No Special Privilege Conferred


Granting the Variance as requested would not confer special privilege, as most of the other parcels located on
the same block are either vacant and undeveloped or are non-conforming to use. Further, the majority of the
lots are not corner lots that abut unopened and unmaintained right-of-way.

Deprivation of Rights
The increased side street setback being applied to an unopened, unmaintained, and substandard right-of-way
deprives the applicant of rights enjoyed by other properties that do not abut such rights-of-way.

Minimum Possible Variance


The request is the minimum possible for the proposed building size. While the Zoning code allows for a 0 ft.
side setback on the west, the building code requires a 10 ft. setback, unless the building is fire rated. This
building is not fire rated, so it has been placed as close to the western lot line as possible, resulting in the
minimum side street setback Variance request of 10.1 ft. in lieu of 15 ft.

Purpose and Intent


Approval of the requested Variance would be in harmony with the purpose and intent of the Zoning Regulations
as the applicable code being waived is primarily focused on minimizing the impact that structures have on
travelled thoroughfares. The unopened right of way itself creates a natural buffer, and an increased setback
from this right-of-way is not in harmony with the intent of the code. As the abutting right-of-way is

Page I 158 Board of Zoning Adjustment [BZA]


735
undeveloped, and won't be developed as a thoroughfare, the Variance as requested will have no negative
impact. The overall design of the project has been done in a manner that has the least possible impact on
abutting properties, and as such the request is consistent with purpose and intent of the Zoning code.

CONDITIONS OF APPROVAL

1. Development shall be in accordance with the site plan and elevations received December 14, 2022, subject
to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-
substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and
approval. Any proposed substantial deviations, changes, or modifications will be subject to a public
hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the
Board of County Commissioners (BCC).
2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does
not in any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the County for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the
applicant shall obtain all other applicable state or federal permits before commencement of development.
3. Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of
County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with
the standard.

4. A permit shall be obtained within 3 years of final action on this application by Orange County or this
approval is null and void. The zoning manager may extend the time limit if proper justification is provided
for such an extension.

C: Vik Gurav
5401 S. Kirkman Rd.
Orlando, FL 32835

C: Nasser Aburish
10782 Wharton Ct.
Orlando, FL 32821

Staff Booklet Page I 159


736
COVER LETTER

C 2022 THE METAO GROUP I ww-.·.AR CHENICS.~om


USA F\-of(""~ON! Ard-uwct Co,porabon AAJJ'26001~1
METRO ARCHITECTURE PARTNERSHIP, INC.
A DIVISION OF M ETRO GROUP USA ■
5401 South KJr.,man Road I Suite 440 METRO
Orlando I Flonda 32819 I us.~
Phoo• 407 354 4477 I EmaiI·In1o~archenics.com lfl ;1•11141
Date: December OS'", 2022

To: Orange County Division of Building Safety


201 South Rosalind Avenue
PO Box 2687, Orlando, FL 32802-2687

Project Name & Location: Able Linen- Commercial Laundry Facility Service
227 E. Lancaster Road, Orlando, Florida 32809

METRO Project No: 22-007

Subject: Coyer Letter for BZA yultnce Application

Dear Sir/Madam

We are writing this cover letter as required for a BZA variance application being submitted along with this correspondence. We are writing to
request the following approvals:

1) The BZA variance application is to permit a 10'-0" setback as was deemed appropriate by the County staff on the east and west side of the
subject property during the pre-review meeting on May 14th 2021.

2) We are proposing a pre-engineered metal building to house a commercial laundry facility to service the soiled linen on hospital, Healthcare
facilities and hospitality businesses. ThE' building shall have 10' setback on the east and west side of the property boundary and 35.53' on the
north and 93.19' on the south side facing the main street Lancaster Road. The building is Type II construction with facade treatment and
articulation to meet the Orange County requirements on the North and South facing facades. The building height is 24'-6" at the peak and is a
single-story structure. The elevation of all sides have been submitted along with this application and such elevations incorporate comments
made by the Orange County Architectural and Land scape Review.

3) The east side of the property abuts an abandoned unimproved inaccessible 20' Right of way which is a remnant ot a trail or alleyway that
has several trees, shrubs and such overgrown vegetation. The usually required building setback for a side street or road is 15'-0" however,
since this street is abandoned and remains as an unimproved remnant of a trail or alleyway, full of veget ation and trees not being used as a
street or access road, it is most likely going to be annexed by adjoining properties and the future commercial developments thereon will
enjoy the same 10'-0" setback we are requesting on the subject property side.

4) On the Westside of the property line we have the required 10' building setback however, there is an old residential house as an existing
building built prior to the change of zoning to C-1. Albeit. this house which is not a homestead exempt property is being used as a rental
property on a room-by-room basis and as such may be classified as transient or hotel type commercial property. The Orange County zoning
codes requires a 15' landscape buffer between commercial and residential properties - and we are requesting Orange County to permit us
the 10' landscape buffer with a 10' buildi ng setback on the east side as was discussed and approved during the pre-review meeting with the
County. The said adjoining property is a non-conforming use on a zoned C-1 lot which will be developed as a commercial development with
10' building setback on their side of the property and for their future development. Since the adjoining property having a residence house is
being used as a commercial rental property, the applicant requests that a 10· building setback with a 10' landscape buffer yard be approved
on the east side of the property boundary. The county required landscape plan as per comments received and Input provided has been
prepared and submitted with this application.

In addition to the above, please see page number 13 and 14 as attached which provide the justification for the six standards of variance
approval as required by the Orange County BZA. If you need additional information or clarifications, please let us know. Thank you.

Sincerely yours,
For Metro Architectu re Partnership, Inc.

~ Robby Joshi, AIA, RA, MARCH, NCARB, LEEDw AP


FLORIDA REGISTERED ARCHITECT NO. AR-0017614

Page I 160 Board of Zoning Adjustment [BZA]


737
COVER LETTER

1. Special Conditions and Circumstances - Special conditions and circumstances exist


which are peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures or buildings in the same zoning district. Zoning violations or
nonconformities on neighboring properties shall not constitute grounds for approval of a
proposed zoning variance.

The Commercial Laundry Services Building development is proposed on a land zoned


C-1 and permissible 10'-0" building setbacks as the adjoining properties are zoned C-1 .
On the West side there is an existing non-conforming residential home which is not a
homestead property and the owner is renting this structure on a room-by-room basis to
various tenants that may be weekly or monthly rentals - albeit - the property is being
used as a commercial "hotel" type facility and not as a homestead exempt private
residence. This said residence property may be sold , redeveloped with commercial
structure with a 10'-0" setback to the property boundary and as such both properties -
applicant and neighbor's property must benefit from the same setbacks permissible. The
east side of the property is an abandoned, unimproved, inaccessible 20'-0" ROW -
indicated as "Maiden Lane" unimproved right-of-way however it is fully wooded with trees
and overgrowth of shrubs and exist as a remnant of an abandoned trail / alleyway
unimproved and not used. The applicant is desirous of 10'-0" building setback on both
sides - east and west side of the property . The abandoned street will most likely be
annexed to either of the two adjoining properties and future building thereon will enjoy
10'-0" setback. These special conditions and circumstances should be reviewed by
County when lots were converted to C-1 and all developers on adjoining lots must benefit
the same 10'-0" setback.

2. Not Self-Created - The special conditions and circumstances do not result from the
actions of the applicant. A self-created or self-imposed hardship shall not justify a zoning
variance; i.e., when the applicant himself by his own conduct creates the hardship which
he alleges to exist, he is not entitled to relief.

The applicant prepared preliminary site plan and requested discussions pertaining to the
side setbacks and the county officials present at the pre-review meeting on Friday the
May 14th 2021 at 10:00 am had said that the 10'-0" setback was OK and acknowledged
applicant to proceed with to final engineering of the project as the project was
appropriate for the C1 commercial zoning. Based on such County inputs and comments
made during the pre-review phase the applicant directed the A&E team to prepare the
final building and site drawings along with the Commercial Laundry equipment plant
drawings that have been ordered for manufacturing. The new comments made by the
zoning department requires the building to shrink by about 10'-0" to get the 15'-0"
setback each side in-lieu of the 10'-0" side yard setbacks permissible and approved
during the discussion at the pre-app meeting with the County and this gravely impacts
the Owner with the hardships hence these ha rdships are not self-created or self-
imposed.

3. No Special Privilege Conferred - Approval of the zoning variance requested will not
confer on the applicant any special privilege that is denied by this Chapter to other lands,
building , or structures in the same zoning district.

As Indicated in the answer no. 1 above, no special privilege is conferred, applicants land
is zoned C1 and ad joining lands are zone C-1 and all other lands, building or
13

Staff Booklet Page I 161


738
COVER LETTER

structure in the same zoning district benefit from the 10'-0" side-yard setback and the
applicant is asking for the same. The abandoned street on the east side will most likely
be annexed to either of the two adjoining properties and future building thereon wi ll enjoy
10'-0" setback.

4. Deprivation of Rights - Literal interpretation of the provisions contained in this Chapter


would
deprive the applicant of rights commonly enjoyed by other properties in the same zon ing
district under the terms of th is Chapter and would work unnecessary and undue hardship
on the applicant. Financial loss or business competition or purchase of property with intent
to develop in violation of the restrictions of this Chapter shall not constitute grounds for
approval or objection.

The proposed development of a commercial laundry facility with 10'-0" side yard
setbacks was deemed by the County officials present at the May 14th 2021 at 10:00 am
pre-review of the applicant preliminary plans indicative of the 10'-0" setbacks thereafter
the applicant proceeded to final engineering drawings preparation and ordering of very
expensive commercial laundry equipment. The proposed commercial laundry service
facility was deemed appropriate for the subject project site and location .

5. Minimum Possible Variance - The zoning variance approved is the minimum variance
that will make possible the reasonable use of the land, building, or structure.

The variance of 10'-0" side yard set back to adjoining commercial zoned C-1 property
on the east side - currently being used as a rent by room hotel type facility and a variance
of 10'-0" side yard set back adjoining an abandoned, unimproved , inaccessible 20'-0"
wide fully wooded with trees and shrubs - remnant of a trail / alleyway is a minimum
possible and reasonable setback requested when said ROW will be annexed and
developed as future commercial property possibly having a 10'-0" building setback on
the west side of the property boundary line.

6. Purpose and Intent - Approval of the zoning variance will be in harmony with the purpose
and intent of the Zoning Regulations and such zon ing variance will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.

The variance of 10'-0" side yard setback to adjoining commercial zoned properties in C-
1 zoned commercial district is appropriate as was deemed by the County Zoning officials
at the pre-review meeting for the preliminary site plan and the variance application to let
the applicant have the benefit of 10'-0" side yard set back enjoyed by other commercial
zoned properties will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.

Page I 162 Board of Zoning Adjustment [BZA]


739
ZONING MAP

r----r----...
R-2

t------1 d
m
Lancast er R

t--- ---1 ~ - R-1A1

R-1AA

D SUBJECT SITE
0
Feet

750 1,500

AERIAL MAP

Feet
SUBJECT SITE
0 370 740

Staff Booklet Page I 163


740
SITE AND LANDSCAPE PLAN

CASTIJ STREET
(60'R/W}

,,. J
ffi-
'
I ~
~
2
i
soo

Variance Request

10.1 ft. side street


setback in lieu of 15ft

/8" IR

30" RCP

S'CW "
l ' CURB & GUTTER 99.31
E. LANCASTER ROAD NHITE u,
50UTH STREET (PER PLAT}

Page I 164 Board of Zoning Adjustment [BZA]


741
- - -n·ooR PLAN

. .

I I

Staff Booklet Page I 16s


742
ELEVATIONS

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Page I 166 Board of Zoning Adjustment [BZA]


743
SITE PHOTOS

Facing north, from E. Lancaster Rd., towards front of subject property

Facing North, at front of property

Staff Booklet Page I 167


744
SITE PHOTOS

Unimproved right-of-way, facing north from E. Lancaster Rd.


!

Abutting non-confomring single-fmaily house to west (viewed from E. Lancaster facing north)

Page I 168 Board of Zoning Adjustment [BZA]


745
SITE PHOTOS

Unimproved right-of-way, facing south from E. Castle St.


'1

Facing west, along E. Lanscaster Rd.

Staff Booklet Page I 169


746
GOVERNMENT
FLORIDA

BOARD OF ZONING ADJUSTMENT


201 S. Rosalind Ave
Orlando, FL 32801

747
~
GOVER~MENT
P 1,. o n I n ,

January 13, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM : Kurt N. Petersen, Director


Office of Management and Budget

SUBJECT: Public Hearing Agenda Items for January 24, 2023


Budget Amendments #23-11 , #23-12 , and #23-13
CIP Amendment #23-14

Provided for Board approval are copies of budget amendments processed by


the Office of Management and Budget.
ACTION REQUESTED: 1. Approval of budget amendments #23-11 ,
#23-12, and #23-13.
2. Approval of CIP amendment #23-14.

KP/nm
Attachments
c: Lisa Snead, Deputy County Administrator

748
Interoffice Memorandum

~E
CtulrY
GOVERi~'illNT
Pt OR l O A January 13, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM : Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Budget Amendments

The purpose of this memorandum is to provide you with additional information related
to the scheduled public hearing for the budget amendment on January 24 , 2023.

The main purpose of the amendment package is to adjust the adopted budget for
encumbrance rollovers (commitments of budgeted funds to purchase goods or
services in FY 2021 -22 but not received prior to October 1, 2022), grant
rollovers/carryover funding, capital improvement program rebudget adjustments, and
other necessary adjustments. In addition, the amendment is used to adjust the
budget to reflect actual fund balance (also referred to as cash brought forward ). You
may recall from previous discussions, the basic formula for calculating estimated fund
balance is:

Cash as of estimating date


+ Estimated revenue through year end
- E.stimated expenditures through year end
- Allowance for estimated encumbrance rollovers
= Estimated fund balance

Changes in any of these factors result in excess or shortfall in fund balance .


Examples of situations that may lead to differences in fund balance are: revenue
received over/under amount estimated; timing fluctuations in capital projects that can
increase or decrease actual expenditures; level of operating expenses impacted by
various factors; and increases or decreases in encumbrance rollovers for items that
were expected to be purchased in the new year.

The package includes the following amendments for your approval at the
January 24, 2023 meeting:

Fund Balance Amendment #23-11 - Amends the adopted fund balance budget for
the difference between actual and estimated fund balance with adjustments allocated
between personal services, operating expenses, capital, and reserves.

Included as part of the Fund Balance Amendment is a total of $9.1 million for the
Sheriffs Office, of which $6.1 million is rebudgeting unspent funding in the prior fiscal
year due to supply chain delays in receiving equipment and vehicles, and $3.0 million
for union contract impacts; $4 .5 million for non-bargaining employees recruitment and
retention market study potential impact; and, $2.2 million for Health Services
Department to cover Health Department building repairs costs from Hurricane Ian;
which is being submitted for FEMA reimbursement.

749
Mayor Jerry L. Demings
-AND-
County Commissioners
Budget Amendments
January 24, 2023
Page 2

Also, being requested as part of this budget amendment are four (4) new positions
that include: 3 positions under the Planning, Environmental, and Development
Services Department to administer the Housing Trust Fund, which are 1 Assistant
Project Manager, 1 Planner Ill, and 1 Administrative Specialist; and 1 Project
Coordinator position for the Office of Sustainability and Resilience to focus on metrics
management.

Encumbrance Rollover Amendment #23-12 - Amends the adopted budget for all
encumbrance rollovers for 70 non-grant funds.

Grants Rollover Amendment #23-13 - Amends the adopted budget for all carryover
funding for 115 grant funds.

Capital Improvement Amendment #23-14 - Amends project costs for the capital
improvement budget for differences between actual and estimated rebudgets,
revisions to fund balance, and other adjustments.

I have scheduled individual briefings with each of you to discuss the amendment
package.

KP/nm

Attachments

c: Byron W. Brooks, County Administrator


Jessica Harper, Deputy Director, Finance and Accounting
Kimberly Miller, Accounting Manager, Finance and Accounting
Cheryl Gillespie, Agenda Development
Clerk of the Board of County Commissioners

750
OEf
C~UNTY
GUVERN)IENT
Interoffice M emorandum

F l,. u R I P ,\

January 13, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners . ft f
t,
FROM : Kurt N. Petersen, Director, Office of Management and Budget'

SUBJECT: Public Hearing Agenda Item for January 24, 2023


Budget Amendment #23-11
Fund Balance Amendment

The attached schedule reflects necessary budgetary adjustments for FY 2022-23.


This public hearing and the proposed adjustment were properly advertised as
required by Florida Statutes.

Therefore, in accordance with Section 129.06(2)(f), Florida Statutes, it is


recommended that the following accounts be adjusted by the amounts shown:

Sources:

Fund Balance $ 19,303,292


lnterfund Transfers 149,596,914
Miscellaneous Revenue 57,240,824
TOTAL SOURCES

Uses:

Personal Services $ 19,787,095


Operating Expenses 64 ,529,812
Capital Outlay 5,396,758
Debt Services 0
Reserves (32,342,206)
lnterfund Transfers 149,596,914
Miscellaneous 19 172 657
TOTAL USES $'= ===2!! ,2
!~6~14!d11.t!0~3~
0

KP/nm

Attachment

c: County Administrator
Clerk of the Board of County Commissioners
Grants
Finance
File

751
FUND BALANCE AMENDMENT
FISCAL YEAR 2023

_,..,.
Rev Rev Rev II#' Expenditure
Fund Fund Name Code NIIM Unll Adjustment
0001 General Fund 023 0463 8850 CBF MPB 6,039,624
Sales
TX/2314·
0001 General Fund 023 0466 8170 0205 1125 Market Adjustment MCF 18,119
0001 General Fund 0268 1125 Market Adjustment QM 333,230
0001 General Fund 0401 1125 Market Adjustment NAA 46,402
0001 Gener al Fund 0461 1125 Market Adjustment MBA 35,108
0001 General Fund 1724 1125 Market Adjustment NAQ 10,672
0001 General Fund 0503 1125 Market Adjustment IAA 692,279
0001 General Fund 1700 1125 Market Adjustment ADA 525,238
0001 General Fund 0180 1125 Market Adjustment EHA 30,765
0001 General Fund 2407 1125 Market Adjustment HJB 527,422
0001 General Fund 3807 1125 Market Adjustment JAA 1,048,779
0001 General Fund 0413 1125 Market Adjustment YAB 433,460
0001 General Fund 0171 1125 Market Adjustment CFT 25,000
0001 General Fund 0101 1125 Market Adjustment MBF 35,719
0001 General Fund 0676 1125 Market Adjustment FAA 25,490
0001 General Fund 2412 1125 Market Adjustment DHS 670,170

0001 General Fund 0126 3146 Commission and Fees Sheriff ECB 9,129,196

0001 General Fund 0466 9195 Misc. lnterfund Transfer MPA 11,160
0001 General Fund 1730 1120 Regular Salaries KAD 128,145
0001 General Fund 1730 2110 FICA Taxes KAD 9,803
0001 General Fund 1730 2120 Retirement Contributions KAD 15,057
0001 General Fund 1730 2130 Life & Health Insurance KAD 49,500
0001 General Fund 1851 6210 Buildings HIP 2,851,047

0001 Gener al Fund 1850 3810 Maint of Build, Im pro Grounds AHE 100,000
0001 General Fund 2556 8610 Aid to Private Organization CHP 5,296,821
0001 General Fund 0676 6410 Equipment FAB 20,000
0001 General Fund 1711 4482 Self Ins-prop Casualty AAL 2,200,000

0001 General Fund 0161 8610 Aid to Private Organization INS (150,000)
0001 General Fund 2540 8610 Aid to Private Organization HJN 150,000
0001 General Fund 0413 2200 Payments to OPEB Tr ust YAB 1,500,000
0001 General Fund 0186 1120 Regular Salaries EHN 15,000
0001 Subtotal 31,823,206
0230 Mosquito Control 060 2470 8850 CBF 2470 1125 Market Adjustment HID 27,106
GF·
lnterfund
0230 Mosquito Cont rol 060 0466 8130 Transfer 2470 2200 Payments to OPEB Trust HID 9,273
0230 Subtotal 36,379
0231 Affordable Housing Trust Fund 068 1764 8850 CBF 1764 8610 Aid to Private Organization HTF 9,007,125
0234 Donations 006 0126 8850 CBF 0126 4115 Misc. Operating Supplies LYA 1,119

0235 CFS Board Donations 062 2452 8850 CBF 2452 4115 Misc. Operating Supplies KWW 171,427

1002 Transportation Trust 072 2700 8850 CBF 0475 9550 Reserve-Future Capital Outlay PFB (13.597,021)
Sales
TX/2314· Maintenance of Roadway
1002 Transportation Trust 023 0466 8170 4906 3816 Systems HUA 20,000,000
1002 Transportation Trust 2905 6420 Rolling Stock PAV 60,000
1002 Transportation Trust 2701 1125 Market Adjustment PAJ 868,971
1002 Transportation Trust 2701 2200 Payments to OPEB Trust PAJ 156,951
1002 Subtotal 7,481,901

1003 Constitutional Gas Tax 072 2900 8850 CBF 0475 9550 Reserve-Future Capital Outlay PAX (1,372,339)

1004 Local Option Gas Tax 072 2900 8850 CBF 0475 9550 Reserve-Future Capital Outlay PBF 755,305

1004 Local Option Gas Tax 023 0466 8110

1004 Local Option Gas Tax 023 0466 8170


1004 Subtotal 755,305
1005 Special Tax MSTU 023 0463 8850 CBF 0475 9510 Reserve for Contingency PCP 3,183,099

1006 Mandatory Refuse Collection 038 1250 8850 CBF 0475 9550 Reserve-Future Capital Outlay XAG (1,021,642)
1006 Mandatory Refuse Collection 1210 1125 Market Adjustment XAA 29,653
1006 Subtotal (991,989)
752
.......
Rav Rav Rav RIV Aw Expenditure
Fund FLWICINaM Codi loulce Name ~ Adjustment
1009 QC Fire Prot & EMS/MSTU 034 0600 8850 CBF FAV 11,184,643
5% Stat
1009 QC Fire Prot & EMS/MSTU 034 0600 8810 Deduction 0603 1125 Market Adjustment FAN 326,323
Oakland
Fire
1009 OC Fire Prot & EMS/MSTU 034 0600 4224 Protection 0688 6420 Rolling Stock FXC 100,000
Edgewood
Fire
1009 QC Fire Prat & EMS/MSTU 034 0600 4223 Protection 0672 3810 Main! of Build, lmpro Grounds FXC 250,000
Eatonville
Fire
1009 QC Fire Prat & EMS/MSTU 034 0600 4225 Protection D688 4185 Diesel-Fuel FXC 227,552
Belle Isle
Fire
1009 QC Fire Prat & EMS/M5TU 034 0600 4220 Protection 0621 2200 Payments to OPES Trust FAN 755,630
1009 Subtotal 12,844,148
1010 Air Pollution Control 068 2426 8850 CBF 2426 1120 Regular Salaries HCH 173,016
1010 Air Pollution Control 2426 1125 Market Adjustment HCH 37,924
1010 Air Pollution Control 2426 2200 Payments to OPES Trust HCH 3,495
1010 Subtotal 214,435
1011 Building Safety 068 2600 8850 CBF 0475 9510 Reserve for Con tingency BBG 950,093
1011 Building Safety 2601 4496 Economic Incentives BAB 3,000,000
1011 Building Safety 2621 1125 Market Adjustment BAA 555,894
1011 Building Safety 2601 2200 Payments to OPES Trust BAA 59,339
1011 SUbtotll 4,565,326
1013 Air Quality Improvement 068 2428 8850 CBF 0475 9510 Reserve fo r Contingency HCF 112,781
Law Enforcement/Confiscated
1014 Prop 006 0129 8850 CBF 0129 4115 Misc. Operating Supplies SLA 896,660
1015 Law Enforce Educ-Correct ions 081 3820 8850 CBF 3820 4115 Misc. Operating Supplies SLE (37,484)
Law Enforcement/ Education
1016 Sheriff 006 0128 8850 CBF 0128 3420 Out of County Travel SU 50,435
Law Enf. Federal Forfeiture
1017 Funding 006 0145 8850 CBF 0466 9195 Misc. lnterfund Transfer SHK 1,441,660
Law Ent. Federal Forfeiture
1017 Funding 0145 6410 Equipment SHK (119,854)
1017 Subtotal 1,321,806
Law Enf. Justice Federal Forteiture lnterfund
1018 Funding 006 0146 8110 Transfers 0146 6410 Equipment SHM 1,441,660
Payments to Other Gov't
1019 Pine Ridge Traffic Control 068 1790 8850 (BF 1790 3167 Agencies SXH 10,549

1023 Misc Construction Projects 023 0463 8850 CBF 0476 9550 Reserve-Future Capital Outlay RSF 143,335,942
lnterfund
1023 Misc Construction Projects 023 0466 8110 Transfer
1023 Subtotal 143,335,942
Payments to Other Gov't
1025 OBT Comm Redev Area Trust Fund 023 0463 8850 CBF 0435 3167 Agencies OBV (208,335)

1026 Conservation Trust Fund 023 0463 8850 CBF 0475 9550 Reserve-Future Capital Outlay CTF 393,232
1027 Drug Abuse Trust Fund 023 0463 8850 CBF 0411 3197 Contractual Svcs-NOS DTH (25,000)

1027 Drug Abuse Trust Fund 0411 3176 Contr actual Svcs-Individual DTH (5,000)
1027 Drug Abuse Trust Fund 0411 4030 Training and Education DTH (10,000)
1027 Drug Abuse Trust Fund 0411 4143 Med and Surg Supplies DTH (2,000)
1027 Drug Abuse Trust Fund 0411 6438 Computer Equipt >$5,000 DTH (208)

1027 Drug Abuse Trust Fund 0391 3159 Non-Indigent Psych Svcs DTF 74,450
1027 Subtotal 32,242
Maintenance of Roadway
1029 Tree Replacement Trust 072 2700 8850 CBF 5143 3816 Systems ENP 204,344

1031 Transp Impact Fee Area 1 072 2909 8850 CBF 0475 9550 Reserve-Future Capital Outlay TAA 2,313,613

1032 Transp Impact Fee Area 2 072 2909 8B50 CBF 0475 9550 Reserve-Future Capital Outlay TBA 3,058, 712

1033 Transp Impact Fee Area 3 072 2909 8850 CBF 0475 9550 Reserve-Future Capital Outlay TCA 4,632,478

1034 Transp Impact Fee Area 4 072 2909 8850 CBF 0475 9550 Reserve-Future Capital Outlay TDA 2,962,457
1035 Law Enforce Impact Fees 023 0460 8850 CBF 0460 6420 Rolling Stock M ZS 1,007,613
School
Impact Fees Payments to Other Gov't
1040 School Impact Fees 068 2640 6380 Residential 2640 3167 Agencies SIF 28,500,000
5% Stat
1040 School Impact Fees 068 2640 8810 Deduction
753
Expenditure
Adjustment
28,500 000
1046 Fire Impact Fees 034 0700 8850 CBF 0476 9550 Reserve-Futu re Capital Outlay R5l {225,533)

1046 Fire Impact Fees 0475 9550 Reserve-Futu re Capital Outlay FUD {213,401)
1046Su~I (438,934)
1048 Animal Services Trust Fund 023 0463 8850 CBF 2401 4030 Training and Education AHL 3,009
1050 Parks Fund 062 1800 8850 CBF 0475 9510 Reserve for Contingency LSD 12,215,909
Pub Svc
Tax/2319
1050 Parks Fund 023 0466 8168 IFT 1801 1125 Market Adjustment AHF 384,90 7
1050 Parks Fund 1801 2200 Payments to OPEB Trust AHF 75,466
1050 Subtot,1 12,676,212
1054 911 Fee 031 0677 8850 CBF 0677 3820 Ma int of Equipment FAW 640,763
1054 911 Fee 0677 1125 Market Adjustment FAU 17, 167
1054 911 Fee 0677 2200 Payments to OPEB Trust FAU 1,400
1054 5ubtot,I 659,
1059 Pollutant Storage Tank 068 2427 8850 CBF 2427 4115 Misc. Operating Supplies HFT 14,592
Energy Efficiency Renewable
1060 Energy & Conservation Fund 068 4301 8850 CBF 4301 4115 Misc. Operating Supplies EPD (297)
1061 A/W(Tax) Lk Jessamine 068 2430 8850 CBF 0475 9510 Reserve fo r Contingency HDB 25,889
1062 A/W(Tax) lk Holden 068 2438 8850 C8f- 0475 9510 Reserve for Contingency HDG 65,9 21
1063 A/W(Tax) Little Lk Fairview 068 2430 8850 CBF 0475 9510 Reser ve fo r Contingency HDP 15,205
1064 A/W(Tax) Lk Killarney 068 2430 8850 CBF 0475 9510 Reserve for Contingency HDN 27,327
1065 A/W(Tax) Lk Mary 068 2430 8850 CBF 0475 9510 Reserve for Contingency HDQ 53,947
1066 A/W(Tax) South Lk Fairview 068 2430 8850 CBF 0475 9510 Reserve for Contingency HDX 5,189
1068 A/W(Tax) Lk Rose 068 2430 8850 CBF 0475 9510 Reserve for Contingency LSY 17,429
1069 A/W(Tax) lk Sue 068 2430 8850 CBF 0475 9510 Reserve for Contingency HEI (374)
1070 A/W(Tax) Bass Lk 068 2430 8850 CBF 0475 9510 Reserve for Contingency HEC 24,372
1073 A/W(Tax) lk Whippoorwill 068 2430 8850 CBF 0475 9510 Reserve for Contingency HFA (755)
1074 A/W(Non-Tax) Ruby Lake 068 2430 8850 CBF 0475 9510 Reserve for Contingency SCT 47,114
1076 A/W(Tax) Lk Horseshoe 068 2430 8850 CBF 0475 9510 Reserve for Contingency HFM (916)
1078 A/W(Tax) lk Pickett 068 2430 8850 CBF 0475 9510 Reserve for Contingency LAL 35,121
1079 A/W(Tax) Big Sand Lake 068 2437 8850 CBF 0475 9550 Reserve-Future Capital Outlay HEQ (545,753)
1079 A/W(Tax) Big Sand Lake 2437 3197 Contractual Svcs-NOS HEN 500,000
1079511~1 (45,753)
1080 A/W(Tax)Lake Price 068 2430 8850 CBF 0475 9510 Reserve for Contingency HFB 26,539
1081 A/W(Tax) Lk Jean 068 2430 8850 CBF 0475 9510 Reserve for Contingency ALA 4,709
1082 A/W(Tax) Lk Irma 068 2430 8850 CBF 0475 9510 Reserve for Contingency CLA 34,147
1090 A/W(Non-Tax) Misc 0/C lakes 068 2430 8850 CBF 0475 9510 Reserve for Contingency HHA 21,155
1092 A/W(Tax) Lake Ola 068 2430 8850 CBF 0475 9510 Reserve for Contingency EPA (4,788)
1093 Lake Pearl-West M5BU 068 2430 8850 CBF 0475 9510 Reserve for Contingency EPN 1,25 2
1094 Lake Odell M5BU 068 2430 8850 CBF 0475 9510 Reserve for Contingency LAI 2,130
1095 Water & Nav-Lk Conway 068 2430 8850 CBF 0475 9510 Reserve for Contingency HHL 89,810
1096 Water & Nav-lk Windermere 068 2435 8850 CBF 0475 9510 Reserve for Contingency HHR (64,790)
A/W(NON-TAX) lk
1097 Martha/Burkett 068 2430 8850 CBF 0475 9510 Reserve for Contingency LMC 16,087
1098 A/W(NON· TAX) LK PEARL 068 2430 8850 CBF 0475 9510 Reserve for Contingency LMQ (517)
1099 A/W(NON-TAX) LK MARILYN 068 2430 8850 CBF 0475 9510 Reserve for Contingency LMN 1,480
1101 Street Lights-Grp 1 001 0025 8850 CBF 0475 9510 Reserve for Contingency SAB 1,573,226
Crystal Lake Lake Cleaning MSBU
1121 0296 068 2430 8850 CBF 0475 9510 Reserve for Contingency SLM 7,531
Lake Lovely Lake Cleaning MSBU
1122 District 0297 068 2430 8850 CBF 0475 9510 Reserve for Contingency SLO 7,702
Lake Roberts Lake Cleaning MSBU
1123 District 0298 068 2430 8850 CBF 0475 9510 Reserve for Contingency SLQ 28,191
Bellanona Grande Estates Lake
1124 Maint Dist 0295 068 2430 8850 CBF 0475 9510 Reserve for Contingency SFJ 4,363
1125 Saracity Gardens MSBU 001 0042 8850 CBF 0466 9195 lnterfund Transfers · SEY (10)
1126 Street lights-Grp 26 001 0025 8850 CBF 0475 9510 Reserve for Contingency SBY 2,314
1127 Street lights-Grp 27 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCA (19,998)
1128 Street lights-Grp 28 001 0025 8850 CBF 0475 9510 Reserve for Contingency sec (45)
1129 Street Lights-Grp 29 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCE 464
1130 Street lights-Grp 30 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCG (807)
1131 Street Lights-Grp 31 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCI (5,252)
1132 Street Lights-Grp 32 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCK (1,081)
1133 Street Lights-Grp 33 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCY 10,335
1135 Street Lights-Grp 35 001 0025 8850 CBF 0475 9510 Reserve for Contingency SCP (1,489)
1137 Street Lights+Drive-Extensio 001 0025 8850 (BF 0475 9510 Reserve for Contingency SFE (511)
1139 5tr Lts-Grp39 I-Dr 535 To Osceola 001 0025 8850 CBF 0475 9510 Reserve for Contingency IFU 3,777
1142 Retention Ponds-Grp 232 001 0027 8850 CBF 0475 9510 Reserve for Contingency PEP (359,449)
1142 Retention Ponds·Grp 232 2902 1125 Market Adj ustment PEJ 26,8 21
1142 Retention Ponds·Grp 232 2902 2200 Payments to OPEB Trust PEJ 8,729
lWSU~I (323,8991
1143 Retention Ponds-Grp 237 001 0028 8850 CBF 0475 9510 Reserve for Contingency SFV 754 (1,995)
AflllW Expenditure
Fund FundNIIM NIIM Uni Adjustment
1146 Black Lake/Lake Tilden MSBU MBE 20,655
1147 Lake Olivia MSBU 068 2430 8850 CBF 0475 9510 Reserve for Contingency MBJ 3,893
1148 Retention Pd-Ctr.Fl.Res.Park 001 0028 8850 CBF 0475 9510 Reserve for Contingency HAH (3)

1149 Ret Pond-Hoa-Sanctuary Gp 418 001 0028 8850 CBF 0475 9510 Reserve for Contingency SEB 43,793
1150 Maint Non-Pvd R/W-Grp 306 001 0037 8850 CBF 0475 9510 Reserve for Contingency sew 63
Com Area · Westwood Heights ·
1151 222 001 0026 8850 CBF 0475 9510 Reserve for Contingency SEM {4,789)
1152 Com Area Hiawassee Oaks-223 001 0026 8850 CBF 0475 9510 Reserve for Contingency ATR 2,725
1153 Maint Non-Pvd R/W-Grp 309 001 0037 8850 CBF 0475 9510 Reserve for Contingency SDZ 8,459

1155 Common Area Maint-Peppermill 001 0026 8850 CBF 0475 9510 Reserve for Contingen cy SMB (3,805)
1156 Common Area Maint-Grp 210 001 0026 8850 CBF 0475 9510 Reserve for Contingency SFT 57,140
1157 Common Area Maint-Grp 211 001 0026 8850 CBF 0475 9510 Reserve for Contingency SDS 8,662
1158 Common Area Maint-Grp 212 001 0026 8850 CBF 0475 9510 Reserve for Contingency SFZ 25,766
1159 Common Area Ma int-Bay Lakes 001 0026 8850 CBF 0475 9510 Reserve for Contingency SDV 16,869

1160 Common Area Maint-Ginger Mill 001 0026 8850 CBF 0475 9510 Reserve for Contingency SMD (1,646)
1161 Plaza lnt'L-Grp 281 001 0034 8850 CBF 0475 9510 Reserve for Contingency SDW 160,228
1162 Plaza lnt'L-Grp 282 001 0034 8850 CBF 0475 9510 Reserve for Contingency SDI 81,522
1164 Comm Area Maint·Watermill-216 001 0026 8850 CBF 0475 9510 Reserve for Contingency SMI (4,310)
1165 Com Area Watermill Cove-217 001 0026 8850 CBF 0475 9510 Reserve for Contingency SMZ (1,041)
1166 Water Management-Grp 291 001 0035 8850 CBF 0475 9510 Reserve for Contingency SDX 2,270

1167 Com Area-Rio Pinar East Grp 219 001 0026 8850 CBF 0475 9510 Reserve for Contingency SQQ 5,771

1168 Lake Anderson Water Mgt. • 290 068 2430 8850 CBF 0475 9510 Reserve for Contingency ASY (1,888)
1169 OBT Corridor Area 001 0040 8850 CBF 0475 9510 Reserve for Contingency SGG (52,859)
1170 OBT Neighborhood Area 001 0041 8850 CBF 0475 9510 Reserve for Contingency SGH 294,735
1172 Orlando Cntrl Park Drain Maint 001 0038 8850 CBF 0475 9510 Reserve for Contingency SDQ (112,669)

1173 Com Area Magnolia Springs-224 001 0026 8850 CBF 0475 9510 Reserve for Contingency SGN (127)
Cypress Chase Unit l & 2 Dist#
1175 748 001 0042 8850 CBF 0466 9195 lnterfund Transfers SGF (23)
Payments to Other Gov't
1177 I-Drive Planning/Admin MSTU 023 0427 8850 CBF 0427 3167 Agencies SMK 112,550
Payments to Other Gov't
1178 I-Drive Bus Service MSTU 023 0427 8850 CBF 0428 3167 Agencies SMN 191,500
Payments to Other Gov't
1179 North I-Drive Improvement MSTU 023 0427 8850 CBF 0429 3167 Agencies SMQ 10,666
Payments to Other Gov't
1180 Local Provider Participation Fund 060 0043 88SO CBF 0043 3167 Agencies HMK (19,393,190)

1184 Boot Lake Water Mgt Group 292 068 2430 8850 CBF 0475 9510 Reserve for Contingency SDN 3,895

118S Lake Lagrange MSBU Dist# 0285 068 2430 8850 CBF 0475 9510 Reserve for Contingency SGI 1,952
1186 Com Area-Forrest Park-Grp 220 001 0026 8850 CBF 0475 9510 Reserve for Contingency SDU 4,140
Apopka-Vineland Landscape
1188 MSTU 001 0026 8850 CBF 0475 9510 Reserve for Contingency APP (94,664)
Lake McCoy Lake Maintenance
1189 293 068 2430 8850 CBF 047S 9Sl0 Reserve for Contingency IFV (10,039)
1196 HOA Rel Pond Wingrove-433 001 0028 8850 CBF 0475 9510 Reserve for Contingency SAW 938
1197 HOA Ret Pond Pine Castle-432 001 0028 8850 CBF 0475 9510 Reserve for Contingency SAU (1.070)
Jetport Park Retention Ponds
1198 District 434 001 0027 8850 CBF 0475 9510 Reserve for Contingency ASZ (7,662)
Lake Floy Lake Maintenance
1199 District 294 068 2430 8850 CBF 0475 9510 Reserve for Contingency LAE (1,083)
1201 H.0.A. Rel Pond-Univ.Est #403 001 0028 8850 CBF 0475 9510 Reserve for Contingency NLE (97,162)
H.0.A. Rel. Pd.-Robinson Hills ·
1202 404 001 0028 8850 CBF 0475 9510 Reserve for Contingency ATB (3,106)
HOA Ret Pond-Meadow Wds
1203 Pcl12.l #435 001 0028 8850 CBF 0475 9510 Reserve for Contingency STL 1,667
1217 Com Area Crystal Creek-221 001 0026 8850 CBF 0475 9510 Reserve for Contingency CRZ (4,168)
lnterfund
1220 Orange Co-lntgov Radio Prog 023 0466 8110 Transfers 0566 6410 Equipment IFA 94,550
Homeowner Down Payment
1232 Local Housing Asst (SHIP) 068 1730 8850 CBF 1739 3217 Assistance LSX 2,000,000
Residential Rehab
1232 Local Housing Asst (SHIP) 1739 3219 Construction Assistance L5X 2,034,254
1232 Local Housing Asst (SHIP) 1738 2200 Payments to OPEB Trust LSP 1,821
1232 subtotal 4,036,075
1241 Teen Court 003 0120 8850 CBF 0475 9510 Reserve for Contingency MBQ 5,769
1241 Teen Court 0120 1125 Market Adjustment MBO 14,041
1241 Teen Court 0818 2200 Payments to OPEB Trust CDU 754
1241 Teen Court 0120 2200 Payments to OPEB Trust MBO 101
1241 Subtotal 20,665
1242 Crime Prevention ORD 98-01 068 1790 8850 CBF 1790 9510 Reserve for Contingency SXG (56.737)

1243 Orange Blossom Trail NID 90-24 023 0454 8850 CBF 0454 3176 Contractual Scvs-lndividual SXD 13,496

755
Fund
1246
1247
FunclNaM
International Drive CRA
Court Technology
R9V R9V

023
031
--
.......
Code
0450 8850
0500 8850
Source
CBF
CBF
GF-
0853 1125 Market Adjustment
Name
,.,,,
100
CTC
Expenditure
Unit Adjustment
6,636,953
5,054

lnterfund
1247 Court Technology 023 0466 8130 Transfer 0851 1125 Market Adjustment MBH 6,939
1247 Court Technology 0851 2200 Payments to OPEB Trust M BH 9,017
1247 Subtotal 21,010
1248 Court Facilities 043 1710 8850 CBF 0475 9510 Reserve for Contingency CON (163,059)
1249 Pine Hills Local Govt NID 068 3128 8850 CBF 0475 9510 Reserve for Contingency PHN 23,077
1250 Boating Improvement Program 062 1800 8850 CBF 1800 6310 Struct and Fae 0 t h Th 81dgs AHN (58,184)
1251 Local Court Programs 003 0101 8850 CBF 0475 9510 Reserve for Contingency ADO 153,712
lnterfund
1251 Local Court Programs 023 0466 8110 Transfers 0101 2200 Payments to OPEB Trust CFN 4,305
1251 Subtoul 158,017
1252 Legal Aid Programs 023 0488 8850 CBF 0488 8610 Aid to Private Organization CDP 83,108
GF-
lnterfund
1252 Legal Aid Programs 023 0466 8130 Transfer
1252 Subtotal 13,108
1253 Law Library 023 0489 8850 CBF 0489 8610 Aid to Private Organization coo 26,932
1254 Juvenile Court Programs 003 0100 8850 CBF 0466 9195 Misc lnterfund Transfer COD 33,976
1254 Juvenile Court Programs 0816 1125 Market Adjustment CDQ 7,676
1254 Juvenile Court Programs 0817 2200 Paym ents to OPEB Trust CDS 609
1254 Subtotal 42,261
Payments to Other Gov't
1255 Cyber Safety 068 0487 8850 CBF 0487 3167 Agencies SXM 295
1256 Regional Pharma Settlement 060 0399 6990 Misc Rev 0399 8610 Aid to Private Organization HGL 3,924, 110
5% Stat
1256 Regional Pharma Settlem ent 060 0399 8810 Deduction
1256 Subtotal 3,924,110
1257 County/City Pharma Settlement 060 0395 6990 M isc Rev 0395 8610 Aid to Private Organization HFJ 509,419
5% Stat
1257 County/City Pharma Settlement 060 0395 8810 Deduction
1257 Subtotal 509,419

1265 Parks & Recreat ion Impact Fees 062 1800 8850 CBF 0476 9550 Reserve-Future Capital Outlay R5P 3,710,649
Driver Educat ion Safety Trust Payments to Other Gov't
1272 Fund 023 0404 8850 CBF 0404 3167 Agencies DES 31,949
1274 Econ River Drain age Basin 068 1978 8850 CBF 1978 6110 Land and Perm Easements OBP 134
Animal Svcs Trust-General
1295 Donations 023 0463 8850 CBF 2402 8610 Aid to Private Organization GOD 78,871
1300 Silver Star Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KDE 406
1301 Colonial Drive 072 2900 8850 CBF 047S 9510 Reserve for Contingency KDF 349,900
1302 Lake Destiny Drive 072 2900 8850 CBF 0475 9510 Reserve for Contingency KDG (5,785)
1303 Hoffner Ave 072 2900 8850 CBF 0475 9510 Reserve for Contingen cy KOK (11,913)
1304 Reams Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KOL (11,017)
1305 Oefseg Colonial 417 To Dean 072 2900 8850 CBF 0475 9510 Reserve for Contingency KDM 23
1306 Dean Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KDP 28,315
1307 Ficquette Road 072 2900 8850 CBF 0475 9510 Reserve for Cont ingen cy KOS

1308 Defseg SR50-Univ Dean - Alafaya 072 2900 8850 CBF 0475 9510 Reserve for Contingen cy KOT 11
1309 Un iversity Blvd 072 2900 8850 CBF 0475 9510 Rese rve for Contingen cy KOU 102,430
1310 Defseg Colonial Semoran-Golden 072 2900 8850 CBF 0475 9510 Reserve for Contingency KDV 6
1311 Hall Road 072 2900 8850 CBF 047S 9510 Reserve for Contingen cy KFW 12,416
1312 Lake Underhill Road 072 2900 8850 CBF 0475 9510 Reserve for Contingen cy KDZ 91,964
1314 Alafaya Trail 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHH 444,497
1315 Winter Garden-Vineland Rd 072 2900 8850 CBF 0475 9510 Reserve for Cont ingen cy KFI (869,408)
1316 Narcoossee Road 072 2900 8850 CBF 0475 9510 Reserve for Contingen cy KFK (470,416)
1317 Curry Ford Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KFM (2,569)
1318 Aloma Ave 072 2900 8850 CBF 0475 9510 Reserve for Contingency KFN 95,773
1319 Wetherbee Rd 072 2900 8850 CBF 0475 9510 Reserve for Cont ingency KHF 3

1320 Transportation M itigat ion Agmts 072 2900 8850 CBF 0475 9510 Reserve for Contingency KFJ 15
132 1 Boggy Creek Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KFP (303,660)
1322 International Drive Extension 072 2900 8850 CBF 0475 9510 Reserve for Contingency KFD (1,635)
1325 Woodbury Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KGP (761,989)
1326 Sand Lake Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KGW 74,300
Turkey Lake Road Prop Share
1327 Agmt 072 2900 8850 CBF 0475 9510 Reserve for Cont ingency KGX 27,468

1328 Chuluota Road Prop Share Agmt 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHC 11,508
Taft-Vineland Road Prop Share
1329 Agmt 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHI (18,351)
1330 Lake Pickett Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHJ (3,492)
756
Revenue

Fund
1331
Fund Name
Avalon Road
R9V R9V R9V

072
Code
2900 8850
~
CBF
Rav
...... Aff/1111 Expenditure
Unll Adjustment
PMF 650,149
Moss Park Ori/ Innovation Way
1332 South 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHS (15,576}
1333 Vineland Avenue 072 2900 8850 CBF 0475 9510 Reserve for Contingency KHT 145,841
1334 John Young Pkwy 072 2900 8850 CBF 0475 9510 Reserve for Contingency PMP (167,111)
1335 Goldenrod Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency PMH (4,023}
Orange Blossom Trail Deficient
1336 Segment 072 2900 8850 CBF 0475 9510 Reserve for Contingency PMI 23,937
1337 Conroy-Windermere Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency PMJ (732)
UCF-Alafaya Ped Safety Prop
1338 Share Agmt 072 2900 8850 CBF 0475 9510 Reserve for Contingency PMK (11,712)
1339 US 192-State Road 530 072 2900 8850 CBF 0475 9510 Reserve for Contingency MGS 1,080,081
1340 Clarke Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency MGT (1,846)
1341 Apopka-Vineland Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency AVD (315)
1342 Semoran Boulevard 072 2900 8850 CBF 0475 9510 Reserve for Contingency PHG (206)
1343 Econlockhatchee Trail 072 2900 8850 CBF 0475 9510 Reserve for Contingency PHH (220)
1344 Wekiva Road 072 2900 8850 CBF 0475 9510 Reserve for Contingency PHP 29,681
Lakeside Village Adequate Public
1450 Facility 068 0463 8850 CBF 0475 9510 Reserve for Contingency BBL (5,215)
Horizons West Village H Adequate
1451 Public Facility 068 0463 8850 CBF 0475 9510 Reserve for Contingency HWF (10,595)
1660 Inmate Commissary Fund 081 3830 8850 CBF 3830 1125 Market Adjustment INK 20,156
1660 Inmate Commissary Fund 3830 4115 Misc. Operating Supplies INM 1,108,979
1660 Inmate Commissary Fund 3830 2200 Payments to OPES Trust INK 2,765
1660 Subtotal 1,131,
2314 Sales Tax Trust Fund 001 0065 8850 CBF 0475 9580 Reserve for Debt Service DAN (111,115,884}
2314 Sales Tax Trust Fund 0466 9115 TTF 1002 lnterfund Transfer DAM 20,000,000
General Fund lnterfund
2314 Sales Tax Trust Fund 0466 9110 Transfer DAM 8,900,000
2314 Sales Tax Trust Fund 0466 9195 Misc. lnterfund Transfer DAM 3,200,000
2314 Subtotal (79,015,884)
Orange County Promissory Note
2315 Series 2010 031 0566 8850 CBF 0466 9195 Misc. lnterfund Transfer OAK 94,550
2317 Capital Improvement Bonds 001 0065 8850 CBF 0475 9580 Reserve for Debt Service DAT (88,076,224)
2317 Capital Improvement Bonds 0466 9195 Misc. lnterfund Transfer DAS 95,008,094
2317 Subtotal 6,931,870
2319 Public Service Tax Bonds 023 0464 8850 CBF 0475 9580 Reserve for Debt Service DBE (11,412,654)
2319 Public Service Tax Bonds 0466 9138 Parks Funds/1050 IFT 080 18,100,000
2319 Subtotal 6,687,346

4410 Solid Waste Syst em 038 1000 8850 CBF 0475 9550 Reserve-Future Capital Outlay RAG 932,046
4410 Solid Waste Syst em 1010 1125 Market Adjustment RAA 111,930
4410 Subtotal 1,043,976
4420 Water Utilities Syst em 038 1300 8850 CBF 0475 9550 Reserve-Future Capital Outlay WIL (47,367,773)
lnterfund
4420 Water Utilities System 023 0466 8110 Transfer 1347 1120 Regular Salaries WAA 7,100,000
4420 Water Utilities Syst em 1301 1125 Market Adjustment WAA 1,680,684
4420 Water Utilities Syst em 1301 2200 Payments to OPEB Trust WAA 157,267
4420 Subtotal (38,429,822)
Wekiwa Springs Septic To Sewer
4422 Retrofit Prg Ph 1 001 0064 8850 CBF 0466 9195 Misc. lnterfund Transfer CHX (116,376}

4427 Holden Heights Wastewater-590 001 0064 8850 CBF 0466 9195 M isc. lnterfund Transfer CHO (76,117)

4430 Convention Cen ter 035 0900 8850 CBF 0475 9550 Reserve-Future Capital Outlay CCG 29,612,278

Local Opt n
4430 Convention Center 035 0900 1210 Resort Taxs 0935 3163 Payments to OCCVB-6th Cent CCJ 2,083,333
Building Payments to OCCVB-First Four
4430 Convention Center 035 0900 4844 Rental 0935 3164 Cent CCJ 5,416,667

5%Stat Payments to City of Orlando


4430 Convention Center 035 0900 8810 Deduction 0935 3166 Community Venues CCJ 2,083,333
4430 Convention Center 0911 3197 Contractual Svcs-NOS CCB 50,000
4430 Convention Center 0919 3197 Contractual Svcs-NOS CCB 100,000
4430 Convention Center 0990 8610 Aid to Private Organization EDT 246,271
4430 Convention Center 0911 1125 Market Adjustment CCA 702,969
4430 Convention Center 0911 2200 Payments to OPES Trust CCA 123,995
4430 Subtotal 40,418,846
5510 Risk Management Program 025 0328 8850 CBF 0475 9510 Reserve for Contingency MMF 4,828,309
5510 Risk Management Program 0301 1125 M arket Adjustment MMA 84,839
5510 Risk Management Program 0301 2200 Payments to OPES Trust MMA 1,001
S510 Subtotal 4,914,149
5530 Fleet Management Dept 043 2030 8850 CBF 0475 9510 Reserve for Contingency ABS 1,275,056
5530 Fleet Management Dept 0475 9550 Reserve-Future Capital Outlay ABS 726,910
757
Rw Appr Expenditure
Fund Fund Name Soun:. NalM Unit Adjustment
5530 Fleet Management Dept ABL 53,112
5530 Fleet Management Dept 2035 2200 ABL 4,637
5530 Subtotal 2,059, 715
5540 Employees Benefits 025 0279 B850 CBF 0475 9530 Restricted Reserve M EC 4,259,217

758
OrjE Interoffice Memorandum

C~uN1Y
GOVEl{~Ml:NT
r L o U I O .\

January 13, 2023

TO: Mayor Jerry L. Demings


~N~
County Commissioners i•~•f·
'

FROM: Kurt N. Petersen, Director, Office of Management & Budget

SUBJECT: Public Hearing Agenda Item for January 24, 2023


Budget Amendment #23-12
Recognition of Encumbrance Rollovers

The attached schedule reflects recommended budgetary adjustments for


FY 2021-22 encumbrances rolled over to FY 2022-23 . This public hearing and the
proposed adjustment were properly advertised as required by Florida Statutes.

Therefore, in accordance with Section 129.06(2)(f), Florida Statutes, it is


recommended that the following accounts be adjusted by the amounts shown :

Sources:

Fund Balance $ 325,685.286


TOTAL SOURCES $--325.,.685 286

Uses:

Operating Expenses $ 136,734,281


Capital Outlay 164,800,996
Grants 22,329,333
Other 1,820.676
TOTAL USES $ 325 685 286

KP/nm

Attachment

c: County Administrator
Clerk of the Board of County Commissioners
Grants
Finance
File

759
Encumbrance Rollforward
FY 2022-23

Operating Capital Grants Other Carry


Fund Fund Name Rollover Rollover Rollover Rollover Forward
0001 General Fund $ 23,326,266 $ 3,756,460 $ 20,997,048 $ 10,074 $ 48,089,848
0230 Mosquito Control 37,523 146,593 184,116
1002 Transportation Trust 13,240,185 7,073,813 20,313,998
1003 Constitutional Gas Tax 793,383 7,383,097 8,176,480
1004 Local Option Gas Tax 19,628,220 6,264,685 25,892,905
1006 Mandatory Refuse Collection 915,656 90,826 1,006,482
1009 OC Fire Prot & EMS/MSTU 3,795,069 6,520,871 10,315,940
1010 Air Pollution Control 92 92
1011 Building Safety 714,885 714,885
1015 Law Enforce Educ-Corrections 38,365 38,365
1023 Misc Construction Projects 42,551, 278 26,266,712 68,817,990
1026 Conservation Trust Fund 182,986 182,986
1029 Tree Replacement Trust 7,599 7,599
1031 Transp Impact Fee Area 1 928,440 928,440
1032 Transp Impact Fee Area 2 1,794,201 1,794,201
1033 Transp Impact Fee Area 3 2,173,705 2,173,705
1034 Transp Impact Fee Area 4 1,016,117 1,016,117
1046 Fire Impact Fees 4,997,176 4,997,176
1050 Parks Fund 2,464,622 2,676,985 5,141,607
1054 911 Fee 1,180,408 390,840 1,571,248
1061 A/W(Tax) Lk Jessamine 201,084 201,084
1062 A/W(Tax) Lk Holden 64,043 64,043
1063 A/W(Tax) Little Lk Fairview 870 870
1064 A/W(Tax) Lk Killarney 1,234 1,234
1065 A/W(Tax) Lk Mary 870 870
1070 A/W(Tax) Bass Lk 309 309
1076 A/W(Tax) Lk Horseshoe 670 670
1078 A/W(Tax) Lk Pickett 9,724 9,724
1079 A/W(Tax) Big Sand Lake 11,054 11,054
1080 A/W(Tax)Lake Price 17 17
1081 A/W(Tax) Lk Jean 1,979 1,979
1092 A/W(Tax) Lake Ola 28 28
1093 Lake Pearl-West M5BU 3,316 3,316
1094 Lake Odell MSBU 542 542
1095 Water & Nav-Lk Conway 487,909 487,909
1096 Water & Nav-Lk Windermere 374,509 374,509

1097 A/W( NON-TAX) Lk Martha/Burkett 1,427 1,427


Bellanona Grande Estates Lake
1124 Maint Dist 0295 524 524
1142 Retention Ponds-Grp 232 543,549 256,915 800,464
1147 Lake Olivia MSBU 100 100

1184 Boot Lake Water Mgt Group 292 770 770

1185 Lake Lagrange M SBU Dist# 0285 395 395

760
Encumbrance Rollforward
FY 2022-23

Operating Cllpltal Grants Other Cany


Fund Fund Name Rollover Rollover Rollover Rollover Forward
Lake McCoy Lake Maintenance
1189 293 570 570
Lake Floy Lake Maintenance
1199 District 294 415 415
1232 Local Housing Asst (SHIP) 161,286 3,212 164,498
1242 Crime Prevention ORD 98-01 41,678 41,678
1246 International Drive CRA 423,899 3,908,444 4,332,343
1247 Court Technology 159,607 538,411 698,018
1248 Court Facilities 456,028 77,759 533,787
1250 Boating Improvement Program 1,006 500 1,506
1251 Local Court Programs 345 345
1254 Juvenile Court Programs 9,308 9,308

1265 Parks & Recreation Impact Fees 17,018 6,097,349 6,114,367


Animal Svcs Trust-General
1295 Donations 10,320 42,090 52,410
1304 Reams Road 1 1
1312 Lake Underhill Road 53,163 53,163
1321 Boggy Creek Road 1,526,716 1,526,716
1325 Woodbury Road 840,960 840,960
1326 Sand Lake Road 219,514 219,514
Chuluota Road Prop Share
1328 Agreement 72,703 72,703
Taft-Vineland Road Prop Share
1329 Agmt 15,790 15,790
Moss Park Dri/ Innovation Way
1332 South 348,907 348,907
1334 John Young Pkwy 160,129 160,129
1660 Inmate Commissary Fund 437,509 437,509
4410 Solid waste System 1,475,877 3,659,814 160,065 5,295,756
4420 Water Utilities System 19,148,680 66,650,454 1,650,537 87,449,671
4430 Convention Center 1,853,390 8,732,834 1,290,195 11,876,419
5510 Risk Management Program 1,305,691 1,305,691
5530 Fleet Management Dept 488,686 229,603 718,289
5540 Employees Benefits 88,805 88,80S
Total Rollforward $ 136,734,281 $ 164,800,996 $ 2213291333 $ 1,820,676 $ 3251685,286

761
Interoffice Memorandum

January 13, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners
?[.f},f
FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT : Public Hearing Agenda Item for January 24, 2023


Budget Amendment #23-13
Recognition of Grant Rollovers

The attached schedule reflects recommended budgetary adjustments for FY 2021-22 grants
carried over to FY 2022-23. This public hearing and the proposed adjustment were properly
advertised as required by Florida Statutes.

Therefore, in accordance with Section 129.06(2)(f), Florida Statutes, it is recommended that


the following accounts be adjusted by the amounts shown:

Sources :

Intergovernmental Revenue $ 385,235,066


Grant Income 4,645,613
Non-Revenue (846.372)
TOTAL SOURCES L.389 O.:M•.3.fil

Uses:

Personal Services $ 17,426,160


Operating Expenses 133,189,959
Capital Outlay 154,695,536
Grants 81,451 ,028
Other 2 271 624
TOTAL USES $ 389 034 307

KP/nm

Attachment

c: County Administrator
Clerk of the Board of County Commissioners
Grants
Finance
File

762
Grants Rollovers
FY 2022-2023

Fl.Ind
5822
Fund Hema
CAA USDA Covid-19
Emergency Rental Assistance 2 (Era
$
PMcN:111
Rollover
61,113 $
Operatlnfl
RolkMN'
114,545 $
--
R~
45,000
Grll-
Rollowr
Olhtr
RolkwW
$
carry
Forward
220,658

5851 2) 3,067,961 23,305,324 3,986 26,377,271


Emergency Rental Assistance 2
5852 High-Need (ERA 2 HN) 13,354,033 13,354,033
5872 Head Start COVID (P. L. 116-260) 540,833 251,640 12,000 804,473
5882 ARP LIHEAP 20-22 43,276 43,276
5883 Low Inc Hh Water Asst Arp 81 ,168 1,415,724 4,338 1,501 ,230
5884 Low Income Hh Water Asst CAA 81 ,168 1,915,949 4,338 2,001,455
Community Dev Block Grant COVID
5885 19 1,506,843 1,811 ,648 925,338 4,910 4,248,739

5886 Emergency Solution Grant Covid 19 275,613 1,216,258 1,979,403 3,471,274


ARP Emergency Housing Voucher
5891 (EHV Sec 8) 23,358 685,576 708,934

5892 ARP Home Invest Prtnrship Program 1,094,675 488,562 8,971,679 10,554,916

5895 CARES Act Coronavirus Relief Fund 22,368 22,368


ARP Coronavirus Local Fiscal
5896 Recovery FY21 1,733,160 59,635,348 115,031,375 61,087,715 237 ,487,598
5898 Emergency Rental Asst Prog 709 15,955 16,664
5900 Community Dev Block Grt FY20 328,970 433,561 1,350 763,881
5901 Community Dev Block Grant FY21 2,070,266 24,930 2,095,196
5902 Community Dev Block Grant FY22 16,017 4,412,486 500,000 140,634 5,069,137
5919 Orio Vista Flood Mil (CDBG-State) 2,506 ,371 2,506,371
5931 Emergency Solution Grants FY21 193 11,276 11,469
5932 Emergency Solution Grants FY22 15,529 71,386 86,915

5950 Home Invest Prtnrship Agrmt FY20 185,241 2,376,209 2,561,450

5951 Home Invest Prtnrship Agrmt FY21 212,838 2,579,434 2,792,272

5952 Home Invest Prtnrship Agrmt FY22 180,845 2,731,404 2,912 ,249
7002 Head Start FY 11/12 1,127,109 229,768 279 50 1,357,206
7011 HIV Erner ReliefFY 20/21 1 1
7012 HIV Erner Relief FY 12/13 687,289 761,621 1,845 4,524,139 5,974,894

7020 Low Inc Home Enrg Asst FY 19-20 8,598 170,612 179,210
7040 EndHIV-Plan Fir Amer Aids A&B 238,496 1,649,732 1,178,923 3,067,151
Head Start Disaster Assistance
7046 FY20-22 1,464,326 443,361 1,907,687
7050 Comm Svc Blk Grt FY 19-20 10 143,497 143,507
Congressionally Directed Spending-
7089 Non Const 6,000 294,000 300,000
7129 Erner Shltr & Res Grp Care 20/21 220,000 60,607 2, 127,136 2,407,743
7170 SAMHSA Breakthrough Program 85,100 1,369,365 1,454,465
Substance Abuse & HIV Prev Nav
7192 Pgm 83,387 315,492 398,879
7302 Justice Assistant Grant 13/14 282,502 1 282,503
7308 Justice Assistance Grant 18/22 17,230 3 17,233
7309 Justice Assistance Grant 19/23 44,265 15,263 59,528
7341 Jag Ed Byrne Grants FY 10/11 45,101 45,101
7361 SCSO Overdose Detention Map 13,897 8,200 22,097
7402 USDA FY 11/12 85,059 85,059
7464 Citizen Erner Response Team 51 51
7476 SHSGP - Issue 19 USAR 35,650 25,000 60,650
7477 SHSGP Issue 20 & 15 45,900 45,900

763
Grants Rollovers
FY 2022-2023

,._... ....,.,
~ Cepltal Graftll Oth9r C.ny
Fund f"'"9Nlrn• Rollover Rollov'tr ROlkMr RolloYer ~
7478 SHSGP Issue 21 MARC 85,000 85,000
7481 Shsp-Domestic Security 15,501 2,146 17,647
7484 Assistance To Firefighters 12,996 3,951 16,947
7498 Staff Adequate Fire & Emr Rspn 1,799,848 1,799,848
7505 LAP FT Christmas Road 3,831,616 3,831 ,616
7506 LAP Shingle Creek Trail 1,528,546 1,528,546
7507 LAP Pine Hill Multi Use Trail 48,254 48,254

7508 Lap Shingle Creek Tr Phase 1 Seg 3 5,264,581 5,264,581


7511 LAP Oakland Ave Roundabout 2,373,102 2,373,102
7516 LAP Unvrsty Blvd At Dean Rd 922,359 922,359
7517 LAP Shingle Creek Ph 1 Seg 2 6,309,514 6,309,514
7531 LAP Alafaya Trail & Corp Blvd 160 160
7532 LAP Powers Drive 71,178 7 1,178
lake Apopka Trail Connector-
7534 Design 373,718 373,718
7535 LAP - Traffic Signal Upgrades 505,638 505,638

7546 little Econ Greenway Bridge Repair 397,975 397,975


7550 Low Income Res Energy Eff Grant 213 213
Emerg Mngt Performance Grant FY
7572 12/13 78,598 92,963 82,500 254,061
7580 Barnett Park Gym Generator 366,883 366,883
7581 HMGP-Sliver Star Rec Center Gen 107,514 107,514
7582 HMGP-S Econ Rec Center Gen 104,889 104,889

7583 HMGP-Gldenrod Rec Ctr Generator 105,915 105,915


HMGP-West Orange Rec Ctr
7584 Generator 134,728 134,728
HMGP-Meadow Woods Ctr
7585 Generator 105,264 105,264
7586 HMGP-Orlo Vista Neighood Ph2 7,161,060 127,578 7,288,638
7589 HMGP-Bithlo Wt.r Trt Pit Gen 97,923 97,923
7590 HMGP Bithlo Community Center 96,360 96,360
7591 Lake Underhill Road 22,338 22,338
7592 Orio Vista Neighbohood 99,677 99,677
7593 HMGP - Bumby Avenue 48,361 48,361
7594 HMGP - Balboa Drive 44,829 44,829
7595 HMGP - Gatlin Avenue 17,026 17,026
7596 HMGP - Clay Street 1,107 1,107
7597 HMGP - Edgewater Drive 3,476 3,476
7598 HMGP - N. Powers Drive 20,591 20,591
7599 HMGP - Westmoreland Drive 540 540
7609 Ambient Air EPA (103) FY 17/18 9,244 3,215 12,459
7612 Air Pollution Cnll EPA 105 Fy20 141 ,747 19,591 161,338

7622 Natl Oen & Atmsph Coast Imp Asst 46,695 125,508 172,203
7700 Home Invest Prtnrship Agrmt 10,036 1,236,050 1,246,086
7701 Hope Ill Escrow 89,512 13,756 103,268
7702 Community Dev Block Grant 122,935 122,935
Neighborhood Stabilization Program
7703 3 369,884 235,516 605,400
7704 Rental Reh Prog (RRP) 3,350 3,350
Neighborhood Stabilization Prg
7705 Escrow 261,824 2,218,496 4 2,480,324
7706 Emergency Solutions Grant 3,072 3,072

764
Grants Rollovers
FY 2022-2023

Personal Operating Capital Grana Other Cany


Fund Fund Nam• Rollover Rollover Rollover Rollover Rollover Forward

7708 Neighborhood Stabilzation Program 498,039 939,110 2,029 17,850 1,457,028


7709 Neighborhood Stab Prg 3 Escrow 20,487 417,566 438,053
7735 Cent Hsg/Assmt Ctr-Proj Devel 4,460 135,463 139,923

7741 Emergency Management-Sia FY 97 13,164 13,164


7809 Family Pres/Stabiliza Pg 20-21 333,086 20,640 353,726
7865 Section 8 Voucher FY 11 /12 30,945 30,945
7874 Section 8 Voucher FY 20/21 1 1
7875 Shelter Plus Care I 2 ,260 508,771 511 ,031
8005 GINS/FINS 14-22 1,277,554 164,362 1,441,916
8025 Oaks Specialized Community Prg 461 ,215 51,249 512,464
8145 Boggy Creek Basin Baffle Boxes 154,000 154,000
Wastewater Treatment Feasibility
8151 Anly 201 ,980 201 ,980
8153 Little Egypt Project 3,596 3,596
Sewer Conn Incentive Program Fy
8168 22 154,000 154,000
8177 Title V Air Pollution FY 11 34,135 6,321 40,456
Sjrwmd-Cypress Lake Wellfield
8192 Oaks Meadows 734,786 734,786
SJRWMD-Wekiwa Spring Retorfit
8193 Project 3,129,924 3,129,924
8227 Erner Shltr&Residential Gr Care 7 ,273 303,236 310,509

8291 Voluntary Pre-Kindergarten Fy20-22 1,359,332 102,829 160,600 1,622,761


8311 EMPA-Base FY 10/11 3,318 3 ,318
8312 EMPA-Base FY 11/12 51,110 35,497 86,607
8340 OC Recreational Gyms 828,553 800,000 1,628,553
8501 Emergency Med Svc FY 10/11 28,290 89,505 117,795
Hurricane Housing Recovery
8580 Program 119,828 930,179 1,050,007
8700 Mosquito Control FY20/21 5 ,195 44,504 49,699
8701 Mosquito Control FY21/22 50,520 50,520
$ 17,426,1 60 $ 133,189,959 $ 154,695,536 $ 81,451,028 $ 2,271,624 $ 389,034,307
Total Rollover

765
O~E Interoffice M emorandum

CttolrY
GOVEl{N~IE:'-lT
f L tl It I I) .\

January 13, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Kurt N. Petersen, Director, Office of Management and Budget

SUBJECT: Public Hearing Agenda Item for January 24, 2023


CIP Amendment #23-14
Recognition of Capital Improvement Adjustments

The attached schedule reflects recommended budgetary adjustments for capital


improvements in FY 2022-23 and the updated 5-Year Capital Improvements
Program report. The proposed adjustments amend CIP projects for the difference
between actual and estimated rebudgets, changes to project schedule, and
revisions to fund balance. This public hearing and the proposed adjustments have
been properly advertised as required by Florida Statutes.

Therefore, in accordance with Section 129.06(2)(f) , Florida Statutes. it is


recommended that the following accounts be adjusted by the amounts shown:

Uses:

CIP Projects $ 100,676,523


Personal Services 69,105
Capital Outlay 113,525
Provision for Rebudgets (160,074,276}
Reserves 59,215,123
TOTAL USES $'= = = = ~

KP/nm

Attachment

c: County Administrator
Clerk of the Board of County Commissioners
Grants
Finance
File

766
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Changes FY 23 Revised

Trans portation Trust

1002 072 0475 Reserves-Public Works 9550 PFB 13,959,680 9,831 ,655 23,791,335

1002 072 0476 Provision For Rebudgets-PW 9550 PHF 4,778 -4,778 0

1002 072 5137 Pine Hills Pedestrian Safety Project 6311 KEJ 11 ,720,220 -10,000,000 1,720,220

1002 072 5143 Roadway Median Tree Program 3816 ENF 2,887,981 173,123 3,061 ,104

TOTAL FOR 1002 - Transportation Trust 28,572,659 0 28,572 ,659

Constitutional Gas Tax

1003 072 0475 Reserves-Public Works 9550 PAX 10,258,128 -2,901 ,936 7,356,192

1003 072 2722 Intersection Wid/Cw 3816 PCB 0 -892,558 (892,558)

1003 072 2722 Intersection Wid/Cw 6311 PCB 6,945,312 250,000 7,195,312

1003 072 2766 ROW & Drainage 6110 PCT 4,000 -4,000 0

1003 072 2766 ROW & Drainage 6115 PCT 1,000 -1 ,000 0

1003 072 2841 Sidewalk Prgm CNV 3816 LBU 5,281,220 -2,085,091 3,196,129

1003 072 2852 Major Drng Structures-Replace 6110 PCT 52,345 949,342 1,001 ,687

1003 072 2852 Major Drng Structures-Replace 6311 KFT 2,913,128 1,661,409 4,574,537

1003 072 5000 Street Lights-County Roads 4440 PBE 378,380 2,005,438 2,383,818

1003 072 5056 FOOT Sir Lighting & Landscape 6311 POD 1,301,147 385,091 1,686,238

1003 072 5148 East Streets Drainage Imp Sec 2 6110 PCT 913,477 133,170 1,046,647

1003 072 5148 East Streets Drainage Imp Sec 2 6311 KHE 31,160 49,799 80,959

1003 072 5154 Avalon Rd/CR545 (US 192 to Hartzog F 6110 PBZ 0 136 136

1003 072 5156 University Blvd (Goldenrod Rd to SR 43 3110 KBH 140,000 450,000 590,000

1003 072 5156 University Blvd (Goldenrod Rd to SR 43 6110 PCT 40,000 200 40,200

TOTAL FOR 1003 - Constitutional Gas Tax 28,259,297 0 28,259,297

Local Option Gas Tax

1004 072 0475 Reserves-Public Works 9550 PBF 3,007,595 -15,256 2,992 ,339

1004 072 3096 Kennedy Blvd (Forest City to 14) 6110 KBC 51,055 15,306 66,361

1004 072 5033 Raleigh St Improve (Kirkman - Ivey) 6311 PCC 1,000,000 -50 999,950

TOTAL FOR 1004 - Local Option Gas Tax 4,058,650 0 4,058,650

767
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

OC Fire Prot & EMS/MSTU

1009 034 0475 Reserves-Fire/Rescue 9550 FAV 26,858,044 263,669 27,121,713

. 1009 034 0476 Prov For Rebudget 9550 R5D 78,715 -78,715 0

1009 034 0771 Enhance CAD 6438 FXO 2,256,300 ·155,760 2. 100,540

1009 034 0772 Facilities Management 3810 FTS 2,648,357 -168,295 2,480,062
1009 034 0772 Facilities Management 3815 FTS 20,000 20,000 40,000
1009 034 0772 Facilities Management 3820 FTS 20,000 20,000 40,000
1009 034 0772 Facilities Management 4123 FTS 10,000 10,000 20,000
1009 034 0772 Facilities Management 4440 FTS 10,000 10,000 20,000
1009 034 0772 Facilities Management 6110 FTS 20,000 20,000 40,000
1009 034 0772 Facilities Management 6210 FTS 50,000 50.000 100,000
1009 034 0772 Facilities Management 6310 FTS 486,993 9,100 496,093

1009 034 0797 Fire Station #80 6210 FEI 49,223 49,224

TOTAL FOR 1009 · OC Fire Prot & EMSIMSTU 32,507,632 0 32,507,632

Building Safeb'.

1011 068 0475 Reserves-Growth Management 9550 BBG 40,862,882 -569,469 40,293,413

1011 068 2613 Building Safety Renovations-GIP 3810 KKI 400,000 469,469 869,469

1011 068 2632 Satellite Office Building 6210 BBC 0 100,000 100,000

TOTAL FOR 1011 • Building Safety 41 ,262,882 0 41,262,882

768
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Changes FY 23 Revised

Misc Construction Projects

1023 023 0162 OC Innovation Lab Building 6210 INW 500,000 500,000 1,000,000

021 0187 Invest - District 1 Dr Phillips Ballfields 6310 BCF 2,984,217 -20,795 2,963,422
1023

0190 Invest - District 3 Parks improvements 6310 BCI 376,320 -715 375,605
1023 021

021 0191 Invest - District 3 Lake Baffle Boxes 3197 BCJ 6,082 7,494 13,576
1023

1023 021 0192 Invest - District 4 Back to Nature 6210 BCK 4,925,657 5,693 4 ,931 ,350

0252 Animal Services Facility 6210 ANS 2,279,747 1,593,072 3,872,8 19


1023 060

1023 043 0263 Improvements to Facilities 3810 KTA 16,044,184 6,922 ,492 22,966,676

1023 023 0266 Evidence Facility Sheriff 6210 SHB 4,889,953 115,561 5,005,514

021 0331 Invest - District 1 Mildred Dixon Bldg 3110 BCD 0 109,156 109,156
1023
021 0331 Invest - District 1 Mildred Dixon Bldg 6210 BCD 0 950,011 950,011
1023
021 0331 Invest - District 1 Mildred Dixon Bldg 6310 BCD 0 200,000 200,000
1023

0332 Invest - District 2 Magnolia Park Ecotou 6310 BCA 124,915 403,110 528,025
1023 021

1023 021 0333 Invest - District 3 Two Gen Comm Ctr 3110 BCB 0 43,051 43,051

1023 021 0333 Invest - District 3 Two Gen Comm Ctr 3810 BCB 0 52,459 52,459

1023 021 0333 Invest - District 3 Two Gen Comm Ctr 6210 BCB 0 266,013 266,013

Invest - District 4 Capital Projects 6310 BCS 0 12,748 12,748


1023 021 0334

1023 021 0335 Invest - District 5 Capital Projects 6310 BCD 0 4,993,850 4,993,850

021 0336 Invest - District 6 Cultural Comm Ctr 6210 BCU 34,599 -1 34,598
1023

1023 023 0338 Sheriffs Communications Center 6210 KUZ 100,000 53,212 153,212

1023 023 0475 Reserves 9550 KQA 28,883,652 23,815,716 52,699,368

1023 023 0476 Provision for Rebudgets 9550 R5F 134,448,267 -134,448,267 0

1023 031 0584 Network Infrastructure Expan 3197 INU 0 50,000 50,000

1023 031 0584 Network Infrastructure Expan 3810 INU 0 100,000 100,000

1023 031 0584 Network Infrastructure Expan 3823 INU 18,658 50,000 68,658

1023 031 0584 Network Infrastructure Expan 4120 INU 0 30,000 30,000

1023 031 0584 Network Infrastructure Expan 4121 INU 850,095 300,895 1,150,990

1023 031 0584 Network Infrastructure Expan 4440 INU 0 20,000 20,000

1023 031 0584 Network Infrastructure Expan 6210 INU 0 150,000 150,000

031 0584 Network Infrastructure Expan 6410 INU 0 1,000 1,000


1023
031 0584 Network Infrastructure Expan 6438 INU 125,084 700,000 825,084
1023
1023 031 0584 Network Infrastructure Expan 6440 INU 0 100,000 100,000

1023 031 0594 911 Radio Tower Power Improvements 3810 HAJ 71 ,469 -20,403 51 ,066

031 0594 911 Radio Tower Power Improvements 6210 HAJ 1,273,660 -3,446 1,270,214
1023

034 0697 Fire Station #67 (Dean/Univ) 6210 FOE 235,560 217,409 452,969
1023

Fire Training Facility 3110 FDC 0 72 72


1023 034 0727
034 0727 Fire Training Facility 6110 FDC 0 -155,129 (155. 129)
1023
034 0727 Fire Training Facility 6210 FDC 5,019,281 214,754 5,234 ,035
1023

0772 Facilities Management 3110 KKP 100,000 -50,000 50,000


1023 034
034 0772 Facilities Management 3810 KKP 2,499,013 455,693 2,954,706
1023
034 0772 Facilities Management 4123 KKP 50,000 25 ,000 75,000
1023
1023 034 0772 Facilities Management 6210 KKP 450,000 75,000 525,000

769
CIP JANUARY AMENDMENT SCHEDULE BY FUND
F Y 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

1023 034 0795 Fire Station #87 (N. Avalon Park) 6210 FDD 0 2.888 2,888

1023 034 0801 Invest - FS #68 (Goldenrod-Lake Under 4123 FDA 10,000 7,438 17,438
1023 034 0801 Invest - FS #68 (Goldenrod-Lake Under 4164 FDA 0
1023 034 0801 Invest - FS #68 (Goldenrod-Lake Under 6210 FDA 145,279 -16.410 128,869
1023 034 0801 Invest - FS #68 (Goldenrod-Lake Under 6410 FDA 10,000 18,966 28,966

1023 034 0803 EOC Renovations 3810 FBE 223,647 2,050.398 2,274,045
1023 034 0803 EOC Renovations 4123 FBE 100,000 -100,000 0
1023 034 0803 EOC Renovations 6210 FBE 1,800,000 -1,609.312 190,688
1023 034 0803 EOC Renovations 6410 FBE 100.000 -100,000 0

1023 007 0861 State Attorney Tech Modernization 6438 HCD 207,310 69,105 276,415
1023 007 0861 State Attorney Tech Modernization 6440 HCD 78,812 508,647 587,459

1023 043 1703 Administration Center HVAC 3810 INJ 4 ,684,957 182,731 4,867,688

1023 043 1755 Courthouse Hvac & Building lmprovemE 3810 KUO 10,096,561 1,919,306 12,015,867

1023 043 1756 Corrections Hvac & Building lmproveme 3810 PFZ 2,321,507 5,092,665 7,414,172

1023 043 1758 Corrections Boiler Replacement 3810 ING 33,146 1,485 34,631

1023 043 1759 Corrections Work Release Hvac 3810 INF 583,329 496,025 1,079,354

1023 043 1760 Corrections Security Doors 3810 INH 6,215,812 -114,902 6,100,910

1023 043 1761 Corrections Central Energy Plant lmprv 3810 FMB 3,081,151 854,739 3,935,890

1023 043 1762 Sheriff's Complex HVAC Replacement 3810 FMD 6,247,847 6,683 6,254,530

1023 043 1765 Corr. Horizons Smoke Control/ Replaci 3810 EBP 3,000,000 1,000,000 4,000,000

1023 043 1784 Facilities Management Corrections Offic 6210 HMG 300,000 200,000 500,000

1023 068 1978 Environmental Land Acquisition 3810 CTT 322,330 951.935 1,274,265

1023 031 2028 Pine St Phone Relocation Phs 1 3192 INV 0 3,000 3,000
1023 031 2028 Pine St Phone Relocation Phs 1 3197 INV 0 5,175 5,175
1023 031 2028 Pine St Phone Relocation Phs 1 4120 INV 0 3,000 3,000
1023 031 2028 Pine St Phone Relocation Phs 1 4121 INV 0 33 33
1023 031 2028 Pine St Phone Relocation Phs 1 4123 INV 560,000 1,185,198 1,745,198
1023 031 2028 Pine St Phone Relocation Phs 1 6438 INV 0 125,119 125,119
1023 031 2028 Pine St Phone Relocation Phs 1 6440 INV 0 387,799 387,799

1023 043 2049 HVAC And IAQ Related Repl/Rest 3810 AGS 10,465,329 3,141,498 13,606,827

1023 043 2050 Energy Conservation Retrofit 3810 AGP 3,152,479 1,376,191 4,528,670

1023 043 2052 County Faes Roof Assess/Repair 3810 AGR 3,809,456 28,662 3,838,118

1023 043 2063 Courthouse Escalators Replacement 3810 FMC 1,764,243 396,402 2, 160,645
1023 043 2063 Courthouse Escalators Replacement 6210 FMC 0 1,000,000 1,000,000

1023 043 2071 Courthouse Chiller Replacement 3810 KNA 4,107.770 982,990 5,090,760

1023 043 2073 Corrections Campus Wide UPS System 3810 KNB 1,149,891 921 ,248 2,071,139

1023 043 2074 Cultural Community Center 6210 KND 2,900,605 6,475 2,907,080

1023 043 2075 Clerk Branch Security 3810 AAY 454,732 9,054 463.786

1023 043 2076 County Services Building 3110 KNC 648,053 10 648,063

1023 043 2077 Courthouse Build Out (Floors 13-15) 6210 EBF 9,850,825 584,739 10,435,564

1023 043 2079 Barnett Park Emergency Generator 6210 KTS 134,382 43 134,425

770
C/P JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Chan!'.jes FY 23 Revised

1023 043 2087 Courthouse Elevator Modernization 3810 KTO 2,856,600 366,878 3,223,478

1023 043 2088 Courthouse Lighting Upgrade 3810 KTQ 2,197,115 850,205 3,047 ,320

1023 043 2089 Courthouse Power Modernization 3810 KTR 2,749,825 608,638 3,358,463

1023 043 2090 Tax Collector Downtown Office Modifica 6210 EBO 928,346 8,351 936,697

1023 043 2091 Public Works Admin Window Replacem 3810 AGI 2,042,683 99,313 2,141,996

1023 043 2092 Corrections Female Detention Center R 3810 AGJ 1,552,703 1,552,278 3,104,981

1023 043 2093 Corrections Genesis Re-Pipe 3810 AGK 2,044,023 919,800 2,963,823

1023 043 2094 Corrections Brc Smoke Controls Repair 3810 AGU 1,787,485 585,859 2,373,344

1023 043 2095 Facilities Central District Building Repla, 6210 AGV 1,961 ,392 54,863 2,016,255

1023 023 2096 COC Winter Park & GSC Consolidation 6210 CLB 274,469 613.101 887,570

1023 023 2097 Courthouse Electronic Card Access Re, 6310 CLC 169,612 28,500 198,112

1023 060 2393 Spay/Neuter Clinics 6210 KWR 645,311 1 ,111,238 1,756,549

1023 068 2439 Water Quality Improvements 3197 WQI 2,732,567 7,285,845 10,018,412

1023 068 2439 Water Quality Improvements 4148 WQI 1,297 1,298

1023 060 2472 Mosquito Control Facility 6210 HMF 120,992 1,796,646 1,917,638

1023 062 2525 JAC Security CIP 3810 HBB 490,155 9 490,164

1023 062 2557 CCC Bithlo Neighborhood Cntr For Farr 6210 DAJ 1,535,060 384,277 1,919,337

1023 062 2566 Southwood Comm Ctr Playground 6310 HBG 335,434 17 335,451

1023 062 2588 Community Center 6110 HFH 1,000,000 1,200,000 2,200,000

1023 068 2613 Building Safety Renovations-GIP 3810 ZOA 0 25,102 25. 102

1023 068 2613 Building Safety Renovations-GIP 4123 ZOA 0 10,000 10,000

1023 068 2613 Building Safety Renovations-GIP 6210 ZOA 0 10,000 10,000

1023 068 2657 Little Wekiva Stationary Treatment Area 3197 CTI 766,296 4,002,087 4,768,383

1023 068 2658 Lake Lawne Reuse Facility 6330 HES 1,200,000 84,367 1,284,367

1023 072 2753 Land Primary Water System 6330 KAM 8,253,658 5,072 ,500 13,326,158

1023 072 2859 Pine Hills Landfill Closure 3197 KFG 628,438 41,599 670,037

1023 072 2859 Pine Hills Landfill Closure 3816 KFG 1,000 9 ,713 10,713

1023 072 3096 Kennedy Blvd (Forest City to 14) 6110 ENM 10,500 1,148,646 1,159,146

1023 072 3096 Kennedy Blvd (Forest City to 14) 6311 ENM 0 300,000 300,000

1023 043 3197 Real Estate Mgt Tracking Software 6440 EBL 300 ,000 300,000 600 ,000

1023 081 4022 Corrections Perimeter Security 3810 JAV 63,483 775,450 838,933

1023 081 4022 Corrections Perimeter Security 3823 JAV 0 10,000 10,000

1023 081 4022 Corrections Perimeter Security 4123 JAV 0 100,000 100,000

1023 081 4022 Corrections Perimeter Security 6210 JAV 108,486 60,000 168,486

1023 081 4022 Corrections Perimeter Security 6438 JAV 0 10,000 10,000

1023 081 4024 OCCD Improvements to Facilities 3810 JAJ 1,930,753 1,167,814 3,098,567

1023 081 4026 Rec Yards & Perimeter Fence Maint 3810 JAi 443,658 27,804 471.462

1023 081 4026 Rec Yards & Perimeter Fence Maint 6310 JAi 0 34,034 34,034

1023 081 4027 Video Visitation System Replacement 3823 JAN 0 75,000 75,000

1023 081 4027 Video Visitation System Replacement 6438 JAN 0 545,000 545,000

771
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

1023 081 4027 Video Visitation System Replacement 6440 JAN 0 180,000 180,000

1023 081 4028 North & South Perimeter Security Bldgs 6210 JAK 1,957,751 1,400,000 3,357,751

1023 081 4029 Video Visitation Ctr Reno 3810 JAR 0 39,914 39,914

1023 081 4030 Uniform Supply / Mailroom 6210 JAH 1,594,995 -72,715 1,522,280

1023 081 4031 OCCD Campus Security Upgrades 6210 JCC 4,191 ,600 1,378,680 5,570,280

1023 081 4032 Corrections Future Expansion Property 3197 KMV 0 4,452 4,452
1023 081 4032 Corrections Future Expansion Property 6215 KMV 0 2,000 2,000

1023 081 4033 Horizon Renovations 6210 JAO 1,168,290 1,031 ,710 2,200,000

1023 081 4034 Female Detention Center Renovations 6210 JAQ 1,590,742 237,248 1,827,990

1023 081 4036 Campus-wide Wi-Fi Project 6310 JAM 1,002,017 68,725 1,070,742

1023 081 4037 Jail Management System 6440 JAP 3 ,000,000 3,033,000 6,033,000

1023 068 4303 Environmental Sensitive Land Acquisitic 6110 HGA 14,000,000 35,000,000 49,000,000

1023 023 4426 Courthouse PD Office Space Renovatio 3810 AAP 257.027 837 257,864

1023 023 4432 Sheriff Aviation Upgrade 6310 SHA 74,211 9,257 83,468

1023 023 4433 Sheriff CSI Expansion 6410 SHC 25,000 1,292 26,292

1023 072 5024 Econ Trail (Lk Underhill-SR50) 6311 ENL 19,474,046 -11 ,670 ,000 7,804 ,046

1023 072 5121 Legacy-Texas Ave (Oak Ridge-Holden) 6311 LLA 1,095,259 1,251 ,299 2,346,558

1023 072 5142 Invest - Intersections & Ped Safety 6311 ENE 2,724,381 7,414 ,34 1 10,138,722

TOTAL FOR 1023 - Misc Construction Projects 376,135,230 0 376,135,230

Conservation Trust Fund

1026 068 0475 Reserves-Growth Management 9550 CTF 2,177 ,216 -812 ,906 1,364,310

1026 068 1978 Environmental Land Acquisition 3194 CTH 0 11,970 11,970
1026 068 1978 Environmental Land Acquisition 3197 CTH 2,015,536 571 ,577 2,587 ,113

1026 068 1978 Environmental Land Acquisition 6110 CTH 150,000 136,800 286,800

1026 068 2659 TM Ranch Construction & lmplementati, 3197 CTL 221 ,650 92,559 314,209

TOTAL FOR 1026 - Conservation Trust Fund 4,564 ,402 0 4,564,402

Transp Impact Fee Area 1


1031 072 0475 Reserves-Public Works 9550 TAA 5,186,188 1,856,817 7,043 ,005

1031 072 3096 Kennedy Blvd (Forest City to 14) 6311 PBC 401 ,505 -21 ,227 380 ,278

1031 072 3097 All American/OST to Forest Cty 6110 PCU 2,780,248 -1,530,248 1,250,000
1031 072 3097 All American/OST to Forest Cty 6311 PBY 217,673 184,658 402 ,331

1031 072 5055 CR 545 (Tilden to SR 50) 6110 PCU 500,000 -490,000 10,000

TOTAL FOR 1031- Transp Impact Fee Area 1 9,085,614 0 9,085,614

772
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

Transp Impact Fee Area 2

1032 072 0475 Reserves-Public Works 9550 TBA 16,104,400 -15,291,931 812,469

1032 072 2752 East West Roadl436 To Dean 6110 PCV 5,044,456 7,515,094 12,559,550

1032 072 5024 Econ Trail (Lk Underhill-SR50) 6311 KBI 2,311 ,652 9,265,792 11,577,444

1032 072 5059 Woodbury Rd 6311 POL 0 -1,488,955 (1,488,955)

TOTAL FOR 1032 - Transp Impact Fee Area 2 23,460,508 D 23,460,508

Tra nsp Impact Fee Area 3

1033 072 0475 Reserves-Public Works 9550 TCA 31,072,497 4,517 ,130 35,589,627

1033 072 2929 Orange Ave (Osceola Cly- Turnpike) 6311 TCE 900,000 -1,000,000 (1 DD.ODD)

1033 072 3037 Taft-Vineld Rd (441 to Orng Av) 6110 PCW 3,628,441 -4,770,587 (1,142,146)
1033 072 3037 Taft-Vineld Rd (441 to Orng Av) 6311 PBT 1,931,997 -850,001 1,081,996

1033 072 5000 Street Lights-County Roads 4440 PMD 0 -253, 120 (253,120)

1033 072 5064 Innovation \Nay South (Sr 417 To Sr 52! 6311 KQB 100,000 48,179 148,179

1033 072 5085 Boggy Creek Rd (Greenway To Osceol, 6311 KBE 5,313 ,794 2,308,399 7,622,193

TOTAL FOR 1033 - Transp Impact Fee Area 3 42,946,729 0 42,946,729

Transp Impact Fee .Area 4

1034 072 0475 Reserves-Public Works 9550 TOA 30,302,700 2,275,003 32,577,703

1034 072 0476 Provision For Rebudgets-PW 9550 R6F 22 -22 0

1034 072 2743 Vineland Avenue 6110 PCX 1,650,000 -1,387,046 262,954

1034 072 2883 Sand Lake Road 6311 KBG 4,189,046 -1,220,528 2 ,968,518

1034 072 2892 Hamlin Road Extension 6311 TDC 68,100 21 68,121

1034 072 3045 Holden Ave (JYP to Orange) 6311 KEK 772,835 -559,541 213 ,294

1034 072 3095 Palm Parkway Connector Road 6311 PCQ 0 -57,723 (57 ,723)

1034 072 5000 Street Lights-County Roads 4440 PJV 0 -1 , 179,925 (1,179,925)

1034 072 5027 Texas Ave (Oak Ridge-Holden) 6311 KOi 9,306,299 3,404,763 12,711,062

1034 072 5036 CR 545 Widening - Village I to H 6311 PBD 1,720,347 -1,720,347 0

1034 072 5037 Western Way Rd Imp (CR545 to Lk Cnt 6110 PCX 465,100 845,726 1,310,826
1034 072 5037 Western Way Rd Imp (CR545 to Lk Cnt 6311 PKE 3,145,726 -2,545,726 600 ,000

1034 072 5139 Invest - Reams (Summerlake-Taborfield 6110 PCX 4,800,000 500,000 5,300,000

1034 072 5140 Invest - Ficquette (Summerlake-Overstr 6110 PCX 3,059,585 1,610,097 4,669,682

1034 072 5154 Avalon RdlCR545 (US 192 to Hartzog F 6110 PCX 900 11,750 12,650

1034 072 5155 Tiny Rd (Bridgewater Crossing To Tllder 6110 PCX 0 310,448 310,448
1034 072 5155 Tiny Rd (Bridgewater Crossing To Tilder 6311 MGP 286,850 -286,950 (100)

TOTAL FOR 1034 - Transp Impact Fee Area 4 59,767,510 0 59,767,510

773
C/P JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Changes FY 23 Revised

Law Enforce lm1;1act Fees

1035 023 0139 Sheriffs Sector V Substation 6210 KUV 0 3,000,000 3,000,000

1035 023 0266 Evidence Facility Sheriff 6110 SHE 0 236,475 236,475
1035 023 0266 Evidence Facility Sheriff 6215 SHE 0 3,950,000 3,950,000

1035 023 0460 Law Enforcement Impact 6420 MZS 2,755,000 113,525 2,868,525

1035 023 0476 Provision for Rebudgets 9550 KUR 7,300,000 -7,300,000 0

TOTAL FOR 1035 - Law Enforce Impact Fees 10,055,000 0 10,055,000

Fire lm1;1act Fees

1046 034 0475 Reserves-Fire/Rescue 9550 FUD 66,964 413,900 480,864

1046 034 0476 Prov For Rebudget 9550 R5L 225,533 -225,533 0

1046 034 0798 Fire Station #32 (Org Lk/429) 4123 FED 150,000 -50,000 100,000
1046 034 0798 Fire Station #32 (Org Lk/429) 6210 FED 5,189,724 150,074 5,339,798
1046 034 0798 Fire Station #32 (Org Lk/429) 6410 FED 150,000 -100,000 50,000

1046 034 0805 Fire Station #44 (Summer Lk Ficquette) 6110 FUZ 100,000 20,000 120,000
1046 034 0805 Fire Station #44 (Summer Lk Ficquelte) 6210 FUZ 4 ,829,949 -328,643 4 ,501,306
1046 034 0805 Fire Station #44 (Summer Lk Ficquette) 6311 FUZ 1,612 313,941 315,553

1046 034 0806 Fire Station #69 (Alafaya/Research Parl 6110 FUM 0 170,772 170,772

1046 034 0808 Fire Station #48 (Avalon and Lake Ingra 4123 FTC 200,000 10,717 210,717
1046 034 0808 Fire Station #48 (Avalon and Lake Ingra 6210 FTC 3,634,735 -300,872 3,333,863
1046 034 0808 Fire Station #48 (Avalon and Lake Ingra 6410 FTC 100,000 -74,356 25,644

TOTAL FOR 1046 - Fire Impact Fees 14,648,517 0 14,648,517

Parks Fund
1050 062 0475 Reserves 9510 LSD 3,879,693 -10,271 ,209 (6,391 ,516)

1050 062 0476 Provision for Rebudgets 9550 RSM 640,000 -640,000 0

1050 062 1941 Parks Signage-Countywide 3810 KLE 25,000 267,202 292,202

1050 062 2100 Park Improvements/Renovations 6310 ME 1,690,286 4 ,1 51,525 5,841,811

1050 062 2116 Park Trails Improvements/Renovations 6310 T5F 1,600,000 2,278,986 3,878 ,986

1050 062 2152 Moss Park Restroom Facility 6310 KKX 145.780 132 145,912

1050 062 2158 Taborfield Neighborhood Park 6310 KLK 1,643,567 17,955 1,661 ,522

1050 062 2160 Park Playground Structures 3810 KLN 179.903 560,852 740,755
1050 062 2160 Park Playground Structures 6310 KLN 1,225,744 873,801 2,099,545

1050 062 2161 Bentonshire Park 6310 KFS 1,313,536 154,256 1,467,792

1050 062 2162 Generators-Parks Shelters 6210 LSE 701 ,574 59,862 761,436

1050 062 2163 Little Econ Greenway Bridge Repair 3810 IHC 414,789 323,888 738,677
1050 062 2163 Little Econ Greenway Bridge Repair 6310 IHC 530,000 1,750,000 2,280,000

1050 062 2173 Summertake Neighborhood Park 6310 KMU 1,325,904 355,528 1,681 ,432

1050 062 2182 Watermark Park 6310 KKB 1,382,778 117,222 1,500,000

TOTAL FOR 1050- Parks Fund 16,698,554 0 16,698,554

774
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 202.2 -2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

Inte rnational Drive CRA

1246 023 0475 Reserves 9550 IDD 112,220,635 -1,923,640 110,296,995

1246 062 2568 Tangelo Park Comm Ctr 6210 IDJ 253,062 243,703 496,765

1246 068 2663 Regional Transit Connectivity 3167 PIK 0 195,822 195,822

1246 072 2722 Intersection Wid/Cw 6311 PLZ 0 -123,118 (123,11 8)

1246 072 2741 International Drive Signal Communicati< 6320 PIH 210,839 189,161 400,000

1246 072 2742 International Drive Adaptive System 6320 PII 1,907,045 125,680 2,032,725

1246 072 2744 International Drive Pedestrian Overpas! 6311 PEY 0 74,047 74,047

1246 072 3073 Kirkman Road Extension 6311 PMA 753,120 10,001 763,121

1246 072 3074 International Drive Ultimate Transit 6311 PMB 307,677 2,015,704 2,323,381

1246 068 3195 I-Drive Wayfinding and Signage 3816 PIJ 960,000 840,122 1,800,122

1246 068 3196 Tangelo Park Neigh. Beautif. & Aestheti 6310 PIL 100,000 100,000 200,000

1246 072 5070 I-Drive Transit Lanes 6311 PIB 4 ,872,095 -4,000,000 872,095

1246 072 5081 Tangelo Park Pedestrian Traffic Calmin\ 6311 PIG 50,000 100,000 150,000

1246 072 5094 TSM Traffic Calming 6311 PMN 0 32,904 32,904

1246 072 5095 Pedestrian Enhancements 3816 PEZ 50 97 147


1246 072 5095 Pedestrian Enhancements 6320 PEZ 1,616,199 123,118 1,739,317

1246 072 5160 Tradeshow Boulevard Improvements 6110 PFK 400,000 1,996,399 2,396,399

TOTAL FOR 1246 - International Drive CRA 123,650,722 0 123,650,722

Court Technologlf'.

1247 003 0851 Court Tech-Court Administration 1125 MBH 0 69,105 69,105

1247 007 0861 State Attorney Tech Modernization 6438 NCP 69,105 -69,105 0

TOTAL FOR 1247 - Court Technology 69,105 0 69,105

Court Facilities

1248 043 0475 Reserves 9510 CDN 1,139,306 -37,069 1,102,237

1248 043 0892 State Attorney Grand Jury Room 3810 CFE 0 28,529 28,529

1248 043 2069 Courthouse Dewatering System 3810 NCL 459,308 8,540 467 ,848

TOTAL FOR 1248- Court Facilities 1,598,614 0 1,598,614

775
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 BudQet ChanQes FY 23 Revised

Parks & Recreation lmeact Fees

1265 062 0475 Reserves 9550 SSP 1,851.429 7,745,590 9,597,019

1265 062 0476 Provision for Rebudgets 9550 R5P 17,376,96 1 -17,376,961 0

1265 062 1915 Little Econ Greenway 6310 AHA 0 1,834,373 1,834,373

1265 062 1962 Comm Parkland 6110 KFC 0 2,000,000 2,000.000

1265 062 2119 Shingle Creek Trail 6310 ANT 1,099,238 4,981 ,366 6,080,604

1265 062 2129 Legacy - Pine Hills Trail 6310 KMS 110,240 388.265 498,505

1265 062 2135 LEG Soccer Complex Road 6311 IHE 83,603 1,216,357 1,299,960

1265 062 2144 Bomberos Field Park 6310 KMM 108.905 38 108.943

1265 062 2145 East Orange Multi Purpose Fields 6310 KMN 406,841 280.228 687,069

1265 062 2154 Blanchard Park Restroom Facility 6310 KMT 583.493 203,368 786,861

1265 062 2155 Horizons West Regional Park 3197 KKF 202.492 925 203.41 7
1265 062 2155 Horizons West Regional Park 6310 KKF 3,247,414 2,095,255 5,342,669

1265 062 2157 Blanchard Park Parking 6310 KLI 2,019.523 68.521 2,088,044

1265 062 2164 Bithlo Fitness Center 6310 IGO 824.207 502.212 1,326.419

1265 062 2165 Downey Park Pickleball Courts 6310 IGZ 527,005 513,233 1,040.238

1265 062 2169 Clarcona Park Ring Cover 6310 KLI 0 3.430 3,430

1265 062 2170 Barber Park Recreation Center 6310 IGQ 4 ,113,922 -2,579,879 1,534 .043

1265 062 2178 Lake Apopka Loop Connector Trail 6310 KKE 5.293,924 -2, 196,593 3,097,331

1265 062 2179 Harrod Property Improvements 6310 KKQ 953.852 20,272 974 ,124

1265 062 2183 East Orange Neighborhood Park Baillie 6310 KKJ 0 300,000 300.000

TOTAL FOR 1265- Parks & Recreation Impact Fees 38,803,049 0 38.803,049

Silver Star Road

1300 072 0475 Reserves-Public Works 9510 KDE 984 -1 ,377 (393)

1300 072 5137 Pine Hills Pedestrian Safety Project 6311 KGY 0 1,377 1,377

TOTAL FOR 1300 - Silver Star Road 984 0 984

Reams Road

1304 072 0475 Reserves-Public Works 9510 KOL 326,963 -315,946 11,017

1304 072 5139 Invest - Reams (Summerlake-Taborfield 6311 KHM 51 ,008 315,946 366.954

TOTAL FOR 1304- Reams Road 377.971 0 377,971

Dean Road

1306 072 0475 Reserves-Public Works 9510 KDP 780,367 -477.213 303,154

1306 072 2722 Intersection Wid/Cw 6110 KHN 130,000 477 ,213 607,213

TOTAL FOR 1306- Dean Road 910,367 0 910,367

776
C/P JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022·-2023

Fund Dept Unit Object I Appr FY 23 Budqet Changes FY 23 Revised

Ficguette Road

1307 072 0475 Reserves-Public Works 9510 KOS 330 -328 2

1307 072 5140 Invest - Ficquette (Summerlake-Overstr 6311 POR 8 328 336

TOTAL FOR 1307 - Ficquette Road 338 0 338

Defseg SRSO-Univ Dean - Alafal£a

1308 072 0475 Reserves-Public Works 9510 KOT 60 -43 17

1308 072 2722 Intersection Wid/Cw 6110 KOS 0 43 43

TOTAL FOR 1308 - Defseg SR50-Univ Dean -Alafaya 60 0 60

Universi!)l Blvd

1309 072 0475 Reserves-Public Works 9510 KOU 553 ,374 -653,476 (100,102)

1309 072 5134 UCF Area Pedestrian Safety Imp 6311 KEA 1,122 653,476 654,598

TOTAL FOR 1309- University Blvd 554.496 0 554,496

Lake Underhill Road

1312 072 0475 Reserves-Public Works 9510 KDZ 382 ,181 -5,055 377,126

1312 072 5090 Lk Underhill (Chickasaw To Rouse Rd) 6110 PLX 0 5,055 5,055

TOTAL FOR 1312- Lake Underhill Road 382,181 0 382,181

Alafal£a Trail

1314 072 0475 Reserves-Public Works 9510 KHH 891 ,733 -1,335,404 (443,671)

1314 072 5134 UCF Area Pedestrian Safety Imp 6311 KHO 388,442 1,335,404 1,723,846

TOTAL FOR 1314 - Alafaya Trail 1,280,175 0 1,280,175

Narcoossee Road

1316 072 0475 Reserves-Public Works 9510 KFK 709,617 -236,220 473,397

1316 072 5000 Street Lights-County Roads 4440 PDG 0 236,220 236,220

TOTAL FOR 1316- Narcoossee Road 709,617 0 709,617

Sand Lake Road

1326 072 0475 Reserves-Public Works 9510 KGW 67,922 -142,222 (74 ,300)

1326 072 2883 Sand Lake Road 6311 KOO 290,048 142,222 432,270

TOTAL FOR 1326 - Sand Lake Road 357,970 0 357,970

Taft-Vineland Road Pro1;1 Share Agmt

1329 072 0475 Reserves-Public Works 9510 KHI 902 ,898 -884 ,547 18,351

1329 072 3037 Taft-Vineld Rd (441 to Orng Av) 6110 KHR 15,790 884,547 900 ,337

TOTAL FOR 1329 - Taft-Vineland Road Prop Share Agmt 918,688 0 918 ,688

777
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

Avalon Road

1331 072 0475 Reserves-Public Works 9510 PMF 3,199,266 -1.718,665 1,480,601

1331 072 5036 CR 545 Widening - Village I to H 6311 PLM 0 1,718,665 1,718,665

TOTAL FOR 1331 - Avalon Road 3,199,266 0 3,199,266

Moss Park Ori/ Innovation Way_ South

1332 072 0475 Reserves-Public Works 9510 KHS 61 ,276 -2,371 58,905

1332 072 5064 Innovation way South (Sr 417 To Sr 521 6110 KHO 297 ,676 2,371 300,047

TOTAL FOR 1332 - Moss Park Ori/ Innovation Way South 358,952 0 358,952

Vineland Avenue

1333 072 0475 Reserves-Public Works 9510 KHT 226,002 -212,954 13,048

1333 072 2743 Vineland Avenue 6110 PKN 285,983 212,954 498,937

TOTAL FOR 1333 - Vineland Avenue 511,985 0 511 ,985

John Young Pkl!n:


1334 072 0475 Reserves-Public Works 9510 PMP 260,129 -100,000 160,129

1334 072 5142 Invest - Intersections & Ped Safety 6311 PMG 0 100,000 100,000

TOTAL FOR 1334 - John Young Pkwy 260,129 0 260,129

Goldenrod Road

1335 072 0475 Reserves-Public Works 9510 PMH 213,189 -209, 166 4,023

1335 072 2752 East West Road/436 To Dean 6311 MGR 1,280 209,166 210,446

TOTAL FOR 1335- Goldenrod Road 214,469 0 21 4,469

Orange Blossom Trail Deficient Segment

1336 072 0475 Reserves-Public Works 9510 PMI 1,798,788 -1,822,124 (23,336)

1336 072 3037 Taft-Vineld Rd (441 to Orng Av) 6110 PKO 0 1,822 ,124 1,822,124

TOTAL FOR 1336 - Orange Blossom Trail Deficient Segment 1,798,788 0 1,798,788

UCF-Alafay_a Ped Safe!Y. Pro~ Share Agmt

1338 072 0475 Reserves-Public Works 9510 PMK 622 ,975 -620,457 2,518

1338 072 5134 UCF Area Pedestrian Safety Imp 6311 MGO 1,265 620,457 621 ,722

TOTAL FOR 1338 - UCF-Alafaya Ped Safety Prop Share Agmt 624,240 0 624,240

US 192-State Road 530

1339 072 0475 Reserves-Public Works 9510 MGS 0 683,125 683,125

1339 072 5154 Avalon Rd/CR545 (US 192 to Hartzog F 631 1 KGK 683,125 -683.125 0

TOTAL FOR 1339 - US 192-State Road 530 683,125 0 683,125

778
C/P JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Changes FY 23 Revised

Solid Waste Sl(stem

4410 038 0475 Reserves-Utilities 9550 RAG 81 ,740,771 5,639 .857 87,380,628

4410 038 1069 Ldfill-Admin Bldg 6310 RAM 628,894 -54 ,489 574 ,405

4410 038 1086 Cells 78/8 Closure & LT Care 9256 RBN 363 ,397 -67,391 296,006

4410 038 1099 Closure & LT Care-Class Ill #1 9256 RAI 218,243 -43 ,842 174,401

4410 038 1106 Class 3 Waste Disposal Cell 2 6310 RSV 253,142 -24 ,600 228,542

4410 038 1107 Landfill Cell 11 6310 RBO 5,959,737 -4,885,246 1,074 ,491

4410 038 1109 Closure & LT Care of Landfill Cells 9-12 9255 RAQ 1,403,874 -564,289 839,585

TOTAL FOR 4410- Solid Waste System 90,568,058 0 90,568,058

779
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object f Appr FY 23 Budget Changes FY 23 Revised


Water Utilities System

4420 038 0475 Reserves-Utilities 9550 WIL 147,751,047 49,899,711 197,650,758

4420 038 1409 Customer Info & Billing System 3192 WIJ 0 25,000 25,000
4420 038 1409 Customer Info & Billing System 3197 WIJ 243,765 -243,765 0
4420 038 1409 Customer Info & Billing System 3823 WIJ 0 1,000 1,000
4420 038 1409 Customer Info & Billing System 4120 WIJ 0 10,000 10,000
4420 038 1409 Customer Info & Billing System 4121 WIJ 0 1,000 1,000
4420 038 1409 Customer Info & Billing System 6438 WIJ 10,000 5,000 15,000
4420 038 1409 Customer Info & Billing System 6440 WIJ 3,734 ,795 46,236 3 ,781,031
4420 038 1409 Customer Info & Billing System 6550 WIJ 77,241 111 ,690 188,931
4420 038 1411 South Svc Area Effluent Reuse 6110 WLE 1.000 10,000 11,000
4420 038 1411 South Svc Area Effluent Reuse 6310 WLE 94,409 -16,234 78,175
4420 038 1411 South Svc Area Effluent Reuse 6340 WLE 111,652 526,478 638,130
4420 038 1411 South Svc Area Effluent Reuse 6345 WLE 169,693 -135.608 34,085
4420 038 1411 South Svc Area Effluent Reuse 6410 WLE 95,000 104.213 199,213
4420 038 1411 South Svc Area Effluent Reuse 6550 WLE 4,592 -4,592 0
4420 038 1416 Pump Stat Monitors/C-W 6310 WHD 5,666,247 -1,130,364 4,535.883
4420 038 1416 Pump Stat Monitors/C-W 6550 WHD 100,439 -28,197 72,242
4420 038 1427 Collect Rehab/C-W 6340 WHM 2,338,326 -2, 102,186 236,140
4420 038 1432 Transp Reloc WW/C-W 6110 WHO 0 7,000 7,000
4420 038 1432 Transp Reloc WW/C-W 6345 WHO 7,675 -6 ,935 740

4420 038 1435 Nw Subreg Ph 111/NWOC 6310 WHE 10,504.694 -5,537,141 4,967,553
4420 038 1435 Nw Subreg Ph 111/NWOC 6550 WHE 140,242 -70,568 69,674

4420 038 1445 SW Orange Co Effluent Disposal 6110 WHL 20,000 107,767 127,767
4420 038 1445 SW Orange Co Effluent Disposal 6210 \NHL 30,000 75,000 105,000
4420 038 1445 SW Orange Co Effluent Disposal 6310 WHL 813,807 229,586 1,043,393
4420 038 1445 SW Orange Co Effluent Disposal 6340 WHL 436,373 -436,373 0
4420 038 1445 SW Orange Co Effluent Disposal 6345 WHL 43,028 71 ,955 114,983
4420 038 1445 SW Orange Co Effluent Disposal 6550 WHL 15,613 15,168 30,781

4420 038 1450 East Subreg Wlr Ph 111 6340 WJM 2,606.481 -950,075 1,656.406
4420 038 1469 Iron Bridge Fix 6310 WHF 78,048 -324 77,724
4420 038 1474 New Meter Installation 6350 WJU 2,085 ,822 -159,301 1,926.521

4420 038 1482 Transportation water Reloc II 6345 WJL 5,358,673 -422,422 4,936,251
4420 038 1482 Transportation \Nater Reloc II 6550 WJL 94,311 -76,040 18,271

4420 038 1483 Eastern Water Reclamation Reuse 6340 WHY 2,574 ,205 -1.415,209 1, 158,996

4420 038 1498 Southern Reg Wellfield & Wlr PLT 3194 WHP 0 500 500
4420 038 1498 Southern Reg Wellfield & Wlr PLT 6110 WHP 10,000 1,500 11,500
4420 038 1498 Southern Reg Wellfield & \Mr PLT 6310 WHP 3,604,551 354,833 3,959,384
4420 038 1498 Southern Reg Wellfield & \Mr PLT 6340 WHP 12,572 10,328 22,900
4420 038 1498 Southern Reg Wellfield & Wlr PLT 6550 WHP 33,453 -30,640 2,813
4420 038 1499 MIS Network/Work Order System 3197 WKL 177,747 1,124,279 1,302,026
4420 038 1499 MIS Network/Work Order System 3823 WKL 65,233 -27,007 38,226
4420 038 1499 MIS Network/Work Order System 4120 WKL 8,667 67,000 75.667
4420 038 1499 MIS Network/Work Order System 4121 WKL 79,045 -79,045 0

780
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 BudQet ChanQes FY 23 Revised

4420 038 1499 MIS Network/Work Order System 4123 WKL 0 23,626 23,626
4420 038 1499 MIS Network/Work Order System 6210 WKL 20,000 80,000 100,000
4420 038 1499 MIS Network/Work Order System 6438 WKL 109,590 361 ,687 471 ,277
4420 038 1499 MIS Network/Work Order System 6440 WKL 2,156,252 -1,021 ,673 1,134,579
4420 038 1499 MIS Network/Work Order System 6550 WKL 26,177 61 ,304 109,481

4420 038 1500 WW Collection Rehab II 6340 WHM 10,661,430 -8,360,677 2,300,753
4420 038 1500 WW Collection Rehab II 6550 WHM 166,061 -44,947 121 ,114

4420 038 1502 Pumping Rehab II 6310 WHN 2,451 ,692 -1,495,448 956,244

4420 036 1503 Pumping Rehab Ill 3810 WHN 15,247 -9.681 5,366
4420 038 1503 Pumping Rehab Ill 6110 WHN 405,000 -344.699 60,101
4420 038 1503 Pumping Rehab Ill 6310 WHN 7,259,034 -2.661,737 4,577,297
4420 036 1503 Pumping Rehab Ill 6550 WHN 107,335 -107,335 0

4420 038 1504 WWRelocll 6345 WHO 7,764,320 -51 ,359 7,732,961
4420 038 1504 WWRelocll 6550 WHO 142,612 -125,311 17,301

4420 036 1505 Septic Tank Retrofit 6340 WKM 12,694,464 -2,609,576 10 ,064,686
4420 036 1505 Septic Tank Retrofit 6550 WKM 211 ,279 -191 ,480 19,799

4420 036 1506 Horizons West Transmission Sys 6340 WAG 17,156.664 -6,370,764 10,766,060

4420 038 1507 Horizons West Water Reclamation Syst, 6310 WAF 10.960,653 -4,435,391 6 ,525,462

4420 038 1506 South Water Oversizing 6310 WAK 997,466 -301 ,315 696,151
4420 036 1508 South Water Oversizing 6340 WAK 1,405,176 -1,405, 176 0
4420 038 1506 South Water Oversizing 6550 WAK 36,349 -1 ,619 36,730

4420 038 1509 Southern Water Reclam Water Collectic 6310 WAJ 591.814 47,611 639,625
4420 038 1509 Southern Water Reclam Water Collectic 6345 WAJ 18,966 -50 18,918

4420 038 1510 Eastern Water Reclamation Collections 6340 WAH 5,616,393 -3,413,557 2,202,836
4420 038 1510 Eastern Water Reclamation Collections 6550 WAH 102.197 -4,526 97,669

4420 036 1532 W Reg Water Treat Fae Ph Ill 3194 WRA 0 5,000 5,000
4420 038 1532 W Reg Water Treat Fae Ph Ill 6110 I/I/RA 10,000 20,000 30,000
4420 036 1532 w Reg Water Treat Fae Ph Ill 6310 \NRA 782 ,044 74,010 656,054
4420 036 1532 W Reg Water Treat Fae Ph Ill 6340 WRA 40,000 310,000 350,000
4420 038 1532 W Reg Water Treat Fae Ph Ill 6436 WRA 10,000 20,000 30,000
4420 036 1532 W Reg Water Treat Fae Ph Ill 6550 WRA 13,645 -13,645 0

4420 038 1533 Water Renewal & Replacements 3194 WRB 0 1,000 1,000
4420 038 1533 Water Renewal & Replacements 6110 WRB 10,000 4,000 14,000
4420 038 1533 Water Renewal & Replacements 6310 I/I/RB 70,000 76,456 146,456
4420 038 1533 Water Renewal & Replacements 6340 WRB 164.938 43,671 206.609
4420 038 1533 Water Renewal & Replacements 6550 WRB 4,875 -4,875 0

4420 038 1535 Util GIS Migration to ESRI 3192 WRD 0 4 ,000 4,000
4420 036 1535 Util GIS Migration to ESRI 3197 I/I/RD 55,852 631 ,518 687.370
4420 038 1535 Util GIS Migration to ESRI 3823 I/I/RD 0 2,000 2,000
4420 038 1535 Util GIS Migration to ESRI 4120 I/I/RD 0 2,000 2,000
4420 038 1535 Util GIS Migration to ESRI 41 21 I/I/RD 0 2,000 2,000
4420 038 1535 Util GIS Migration to ESRI 4123 WRD 0 2,000 2,000
4420 038 1535 Util GIS Migration to ESRI 6438 WRD 0 12,000 12,000
4420 038 1535 Util GIS Migration to ESRI 6440 WRD 0 20,000 20.000

4420 038 1536 Capital Reuse Meter Install 6350 I/I/RE 822,090 17.236 839,328

781
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

4420 038 1536 Capital Reuse Meter Install 6550 INRE 17,558 -17,558 0

4420 038 1538 Eastern vvtr Reclamation Expan 6310 WSI 10,290,205 -2,184,348 8,105,857

4420 038 1538 Eastern vvtr Reclamation Expan 6340 WSI 454,647 -436,626 18,021

4420 038 1538 Eastern vvtr Reclamation Expan 6550 WSI 174,385 -98,585 75,800

4420 038 1539 Force Main Rehabilitation 6110 WHT 10,000 -3,500 6,500
4420 038 1539 Force Main Rehabilitation 6310 WHT 3,463 ,016 -2,266.855 1,196, 161

4420 038 1539 Force Main Rehabilitation 6340 WHT 7,521,305 -5,257,809 2,263,496

4420 038 1539 Force Main Rehabilitation 6550 WHT 271 ,908 -31,447 240,461

4420 038 1542 Southwest Service Area Reuse 6340 WHV 3,387,491 -478,184 2,909,307

4420 038 1543 Utilities Administration Building lmprov 3815 WGN 0 5,000 5,000

4420 038 1543 Utilities Administration Building lmprov 4123 WG N 0 6,000 6,000

4420 038 1543 Utilities Administration Building lmprov 6110 WG N 0 6,000 6,000

4420 038 1543 Utilities Administration Building lmprov 6115 WGN 0 5,000 5,000

4420 038 1543 Utilities Administration Building lmprov 6210 WGN 0 75,005 75,005

4420 038 1543 Utilities Administration Building lmprov 6310 WGN 0 20,000 20,000

4420 038 1543 Utilities Administration Building lmprov 6550 WGN 0 1,745 1,745

4420 038 1544 Water SCADA & Security Improve 6110 INRG 10,000 1,000 11 ,000

4420 038 1544 Water SCADA & Security Improve 6310 \NRG 3,800,756 1,926,243 5,726,999

4420 038 1544 Water SCADA & Security Improve 6340 \NRG 130,000 260,000 390,000

4420 038 1544 Water SCADA & Security Improve 6438 \NRG 29,240 274,826 304 ,066

4420 038 1544 Water SCADA & Security Improve 6550 VvRG 69,924 6,676 76,600

4420 038 1550 Alternate Water Supply 6110 WAN 20,000 40,000 60,000

4420 038 1550 Alternate Water Supply 6310 WAN 2,471 ,488 2,967,257 5,438,745

4420 038 1550 Alternate Water Supply 6340 WAN 200,000 800 ,000 1,000,000

4420 038 1550 Alternate Water Supply 6550 WAN 52,266 81,059 133,325

4420 038 1553 Water Distribution Modifications 2 6340 WJG 3,940,378 -3,286,609 653,769

4420 038 1553 Water Distribution Modifications 2 6550 WJG 74.834 -20,420 54,414

4420 038 1554 Eastern Regional WSF Ph Ill 6110 WJE 20,000 20,000 40,000

4420 038 1554 Eastern Regional WSF Ph Ill 6310 WJE 6,434,397 21 ,875 6 ,456,272

4420 038 1554 Eastern Regional WSF Ph Ill 6340 WJE 501 ,140 1.000,000 1,501 ,140

4420 038 1554 Eastern Regional WSF Ph Ill 6550 WJE 81.223 -77,3 35 3,888

4420 038 1555 South Water Reclam Facil Phase 5 3194 WGG 0 213,543 213,543
4420 038 1555 South Water Reclam Facil Phase 5 3810 WGG 0 100,000 100,000

4420 038 1555 South Water Reclam Facil Phase 5 6110 WGG 10,000 4,000 14,000

4420 038 1555 South Water Reclam Facil Phase 5 6210 WGG 75,000 216,387 291 ,387

4420 038 1555 South Water Reclam Facil Phase 5 6310 WGG 18,687,059 2,697,41 2 21 ,384,471

4420 038 1555 South Water Reclam Facil Phase 5 6340 WGG 1,560,985 759,122 2,320,107

4420 038 1555 South Water Reclam Facil Phase 5 6438 WGG 10.000 10,000 20,000

4420 038 1555 South Water Reclam Facil Phase 5 6550 W GG 304,151 -143,256 160,895

4420 038 1556 Utilities Security lmprov For vvtr & Wast 3197 WEG 0 2,000 2,000

4420 038 1556 Utilities Security lmprov For vvtr & Wast 3810 WEG 10,000 -10,000 0

4420 038 1556 Utilities Security lmprov For vvtr & Wast 3815 WEG 0 2,000 2,000

4420 038 1556 Utilities Security lmprov For vvtr & Wast 3820 WEG 11,940 5,480 17.420

4420 038 1556 Utilities Security lmprov For vvtr & Wast 3823 WEG 1,000 1,117 2,117

4420 038 1556 Utilities Security lmprov For vvtr & Wast 4121 WEG 1,000 7,764 8,764

4420 038 1556 Utilities Security lmprov For vvtr & Wast 4123 WEG 0 25,000 25,000

782
CIP JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object I Appr FY 23 Budget Changes FY 23 Revised

4420 038 1556 Utilities Security lmprov For \Nlr & wast 6110 WEG 10,000 1,200 11 .200
4420 038 1556 Utilities Security lmprov For \Nlr & Wast 6310 WEG 20,000 7,278 27.278
4420 038 1556 Utilities Security lmprov For \Nlr & Wast 6410 WEG 559.278 -138,732 420,546
4420 038 1556 Utilities Security lmprov For \Nlr & wast 6438 WEG 50,000 -13,745 36,255
4420 038 1556 Utilities Security lmprov For \Nlr & wast 6550 WEG 11,918 15.453 27,371

4420 038 1557 Southwest Water Supply Facility 6310 WJD 58,636 6,364 65,000

4420 038 1558 Eastern Operations Building 6110 WJA 1,000,000 5,000 1,005,000
4420 038 1558 Eastern Operations Building 6210 WJA 20. 168,276 1,976,999 22,145,275
4420 038 1558 Eastern Operations Building 6310 WJA 0 68,404 68,404
4420 038 1558 Eastern Operations Building 6550 WJA 412.326 146.773 559.099

4420 038 1559 Pumping Rehab IV 6110 WHN 50,000 -6.983 43,017
4420 038 1559 Pumping Rehab IV 6310 WHN 19,606,220 -6,690,238 12,915.982
4420 038 1559 Pumping Rehab IV 6340 WHN 157.310 -157.310 0
4420 038 1559 Pumping Rehab IV 6550 WHN 263,050 -185,647 77,403

4420 038 1572 Pump Station Improvements 3190 WAS 0 128,832 128.832
4420 038 1572 Pump Station Improvements 3194 WAS 0 1.000 1,000
4420 038 1572 Pump Station Improvements 3810 WAS 0 10,000 10,000
4420 038 1572 Pump Station Improvements 3820 WAS 50,075 195,630 245,705
4420 038 1572 Pump Station Improvements 6110 WAS 10,000 28,313 38.313
4420 038 1572 Pump Station Improvements 6340 WAS 0 1,073,264 1,073,264
4420 038 1572 Pump Station Improvements 6410 WAS 1.179,639 -1,179,639 0

4420 038 1573 Reclaimed Main Improvements 6340 WAP 231 ,685 -1,048 230.637

4420 038 1574 Force Main Improvements 3194 WAQ 0 60,735 60.735
4420 038 1574 Force Main Improvements 3820 WAQ 3 ,500 13,799 17,299
4420 038 1574 Force Main Improvements 3855 WAQ 0 5,000 5,000
4420 038 1574 Force Main Improvements 6110 WAQ 10,000 3,100 13.100
4420 038 1574 Force Main Improvements 6340 WAQ 499,541 91 ,339 590,880
4420 038 1574 Force Main Improvements 6550 WAQ 122,887 89,632 212.519

4420 038 1575 Water Main Improvements 6340 WAT 231,496 -813 230,683

4420 038 1576 Cross Connection Control Backflow De, 6310 WJF 2,114,478 -685,780 1,428,698

4420 038 1578 Hamlin Water Reclamation Facility 6310 VVHA 1,416,193 -698.431 71 7.762

TOTAL FOR 4420 - Water Utilities System 384 ,816,269 0 384,816.269

Conv ention Center

4430 035 0475 Reserves-Convention Center 9550 CCG 286,967,818 -5,764,526 281 ,203,292

4430 035 0960 Convention Center Improvements 6210 CCI 26,000.527 2,181 ,957 28,182.484

4430 035 0965 North/South Concourse Renov./Upgrad, 6210 CCI 9,979,385 511.328 10,490,713

4430 035 0966 West Concourse Renovations/Upgradei 6210 CCI 9,705,103 1,678.837 11 ,383,940

4430 035 0967 TOT Application Review Committee Fur 8610 CCP 5,500 ,000 1,392.404 6,892.404

TOTAL FOR 4430 - Convention Center 338,152,833 0 338,152,833

783
C/P JANUARY AMENDMENT SCHEDULE BY FUND
FY 2022-2023

Fund Dept Unit Object / Appr FY 23 Budget Changes FY 23 Revised

Fleet Management Dept

5530 043 0475 Reserves 9550 ABS 2,728,041 -1,401,540 1,326,501

5530 043 2046 Tanks Replacement 3810 ABV 102,769 1,193,153 1,295,922

5530 043 2051 Fleet Building Renovations 3810 FMM 0 208,387 208,387

TOTAL FOR 5530 - Fleet Management Dept 2,830,810 0 2,830,810

REPORT TOTAL 1,685,656,445 0 1,685,656,445

784
Proposed CIP - by Department / Division Print Date: 01/ 17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund Project Name

Administration and Fiscal Services


Information Systems & Services
0297
911 System Upgrade 569,361 18,560,745 0 0 0 0 0 19,130,106
1054
569,361 18,560,745 0 0 0 0 0 19,130,106
Org Subtotal

0584
1,059,721 2.495 ,732 850,000 850,000 850,000 850,000 0 6,955,453
1023 Network Infrastructure
1,059,721 2,495,732 850,000 850,000 850,000 850,000 0 6,955,453
Org Subtotal

0593
Technology Hardware Replacement 5,044.577 8,147.901 5,000,000 5,000,000 5,000,000 5,000,000 0 33,192,478
1023
5,044,577 8,147,901 5,000,000 5,000 ,000 5,000,000 5,000,000 0 33,192,478
Org Subtotal

0594
Radio Tower Power Improvements 678,720 1,321 ,280 0 0 0 0 0 2,000,000
1023
678,720 1,321,280 0 0 0 0 0 2,000,000
Org Subtotal

2028
1,195,276 2,269,324 560,000 560,000 560,000 560,000 0 5,704,600
1023 Telecommunications System Up
1,195,276 2,269,324 560,000 560,000 560,000 560,000 0 5,704,600
Org Subtotal

8642
ARPA-RR Public Safety Radio Tower 749,999 4 ,650,002 0 0 0 0 0 5,400,001
5896
749,999 4 ,650,002 0 0 0 0 0 5,400,001
Org Subtotal

8643
ARPA-RR Technology Security Enhancmnt 1,866,035 2,383.969 0 0 0 0 0 4 ,250,004
5896
1,866,035 2,383,969 0 0 0 0 0 4,250,004
Org Subtotal

39,828,953 6,410,000 6,410,000 6,410,000 6,410,000 0 76,632,642


DIVISION SUBTOTAL 11 ,163,689

11 ,163,689 39,828,953 6,410,000 6,410,000 6,410,000 6,410,000 0 76,632,642


DEPARTMENT SUBTOTAL

• Prior Expenditures is calculated using 3 or 5 years.


785
Proposed CIP - by Department / Division Print Date: 01/1 7/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Administrative Services
Capital Projects
1763
1023 Warehouse Space Consolidation 0 30,000 0 0 0 0 0 30,000
Org Subtotal 0 30,000 0 0 0 0 0 30,000
2074
1023 Cultural Community Center 1,462,921 2,937,080 0 0 0 0 0 4,400,001
Org Subtotal 1,462,921 2,937,080 0 0 0 0 0 4,400,001
2076
1023 County Services Building 251 ,937 748,063 0 0 0 0 0 1,000,000
Org Subtotal 251 ,937 748,063 0 0 0 0 0 1,000,000
2077
1023 Courthouse Build-Out 4,780,943 10,619,057 2,000,000 0 0 0 0 17,400,000
Org Subtotal 4 ,780,943 10,619,057 2,000,000 0 0 0 0 17,400,000
2079
1023 Barnett Park Emergency Generator 62,911 134.425 0 0 0 0 0 197,336
7580 HMGP Barnett Park 188,733 366,883 0 0 0 0 0 555,616
Org Subtotal 251 ,644 501,308 0 0 0 0 0 752,952
2080
1023 Bithlo Commun Cntr Emgcy Gen 41,331 33.750 0 0 0 0 0 75,081
7590 HMGP Bithlo Community Center 123,994 96,360 0 0 0 0 0 220,354
Org Subtotal 165,325 130,110 0 0 0 0 0 295,435
2081
1023 Bithlo Water Trtmnt Plant Emgcy Gen 40,811 34,270 0 0 0 0 0 75,081
7589 HMGP Bithlo Water Trtmnt Plant 122,432 97,923 0 0 0 0 0 220,355
Org Subtotal 163,243 132,193 0 0 0 0 0 295,436
2082
1023 Goldenrod Rec. Center Emgcy Gen 25,954 36,663 0 0 0 0 0 62,61 7
7583 HMGP Goldenrod Rec Center 77,863 105,915 0 0 0 0 0 183,778
Org Subtotal 103,817 142,578 0 0 0 0 0 246,395

• Prior Expenditures is calculated using 3 or 5 years. 2


786
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2083
1023 Meadow Woods Rec Cntr Emgcy Gen 26,155 36,448 0 0 0 0 0 62,603
7585 HMGP Meadow Woods Rec Cntr 78,465 105,264 0 0 0 0 0 183,729

Org Subtotal 104,620 141,71 2 0 0 0 0 0 246,332

2084
1023 Silver Star Rec Cntr Emgcy Gen 25,405 37,198 0 0 0 0 0 62,603
7581 HMGP Silver Star Rec Cntr Emgcy Gen 76,215 107,514 0 0 0 0 0 183,729
Org Subtotal 101 ,620 144,712 0 0 0 0 0 246,332

2085
1023 South Econ Rec Cntr Emgcy Gen 26,280 36,323 0 0 0 0 0 62,603
7582 HMGP South Econ Rec Cntr Emgcy Gen 78,840 104,889 0 0 0 0 0 183,729

Org Subtotal 105,120 141 ,212 0 0 0 0 0 246,332

2086
1023 West Orange Rec Cntr Emgcy Gen 28,542 46,540 0 0 0 0 0 75,082
7584 HMGP West Orange Rec Cntr 85,626 134,728 0 0 0 0 0 220,354

Org Subtotal 114,168 181 ,268 0 0 0 0 0 295,436

2090
1023 Tax Collector Downtown Office Modifications 63,303 936,697 0 0 0 0 0 1,000,000

Org Subtotal 63,303 936,697 0 0 0 0 0 1,000,000

7325
8340 OC Rec Gyms Emerg Retrofit 201,450 1,628,553 0 0 0 0 0 1,830,003
Org Subtotal 201 ,450 1,628,553 0 0 0 0 0 1,830,003

DIVISION SUBTOTAL 7,870,1 11 18,414,543 2,000,000 0 0 0 0 28,284,654

Facilities Management
0263
1023 Improvements to Facilities 11 ,817,039 25,303,896 7,608,750 2,000,000 2,000,000 2,000 ,000 0 50,729,685

Org Subtotal 11,817,039 25,303,896 7,608,750 2,000,000 2,000,000 2,000,000 0 50,729,685

• Prior Expenditures is calculated using 3 or 5 years. 3


787
Proposed C IP - by Department/ Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund Project Name

1703
350,880 6,475,270 4 ,430,000 0 0 0 0 11,256,150
1023 Administration Center HVAC
350,880 6,475,270 4,430,000 0 0 0 0 11,256,150
Org Subtotal

1755
Courthouse HVAC & Building Imp 721 ,046 12,161,203 7,894,999 6,000,000 2,000,000 0 0 28,777,248
1023
721,046 12,161 ,203 7,894,999 6,000,000 2,000,000 0 0 28,777,248
Org Subtotal

1756
13,322,286 4,000,000 0 0 0 0 18,368,282
1023 Corrections HVAC & Building Imp 1,045,996
13,322,286 4,000,000 0 0 0 0 18,368,282
Org Subtotal 1,045,996

1758
4,340,368 34,631 0 0 0 0 0 4 ,374,999
1023 Corrections Boiler Replacement
4,340,368 34,631 0 0 0 0 0 4,374 ,999
Org Subtotal

1759
220,646 1,079,354 2,800,000 0 0 0 0 4,100,000
1023 Corrections Work Release HVAC
220,646 1,079,354 2,800,000 0 0 0 0 4,100,000
Org Subtotal

1760
1,498,207 6,200,910 1,865,883 500,000 0 0 0 10,065,000
1023 Corrections Security Doors
1,498,207 6,200,910 1,865,883 500,000 0 0 0 10,065,000
Org Subtotal

1761
764,110 3,935,890 3,400,000 0 0 0 0 8,1 00,000
1023 Corrections Central Energy Plant lmprv
3,935,890 3,400,000 0 0 0 0 8,100,000
Org Subtotal 764,110

1762
315,471 6,254.530 0 0 0 0 0 6,570,001
1023 Sheriffs Complex HVAC Replacement
315,471 6,254,530 0 0 0 0 0 6,570,001
Org Subtotal

1765
0 4 ,000,000 3,000,000 0 0 0 0 7,000,000
1023 Correctns Hrzns Smoke Cntrt/Rpl Smk Fans
4,000,000 3,000,000 0 0 0 0 7,000,000
Org Subtotal 0

4
• Prior Expenditures is calculated using 3 or 5 years.
788
Proposed CIP - by Department/ Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1784
1023 Facilities Mngmnt Corrections OfficeM'hrhs 0 500,000 2,000,000 1,500,000 0 0 0 4,000,000

Org Subtotal 0 500,000 2,000,000 1,500,000 0 0 0 4,000,000

1787
1023 Courthouse Improvement to Facilities 0 5,170,000 2,070,000 0 0 0 0 7,240,000

Org Subtotal 0 5,170,000 2,070,000 0 0 0 0 7,240,000

2049
1023 HVAC & IAQ Related Repl/Rest 9,968,421 15,613,850 2,000,000 2,000.000 2,000,000 2,000,000 0 33,582,271

Org Subtotal 9,968,421 15,613,850 2,000,000 2,000,000 2,000,000 2,000,000 0 33,582,271

2050
1023 Energy Conservation Retrofit 3,202,230 5,028,670 500,000 500,000 500,000 500,000 0 10,230,900

Org Subtotal 3,202,230 5,028,670 500,000 500,000 500,000 500,000 0 10,230,900

2052
1023 County Faes Roof Assess/Rep 6,374,984 4,853,41 4 1,000,000 1,000,000 1,000,000 1,000,000 0 15,228,398

Org Subtotal 6,374,984 4,853,414 1,000,000 1,000,000 1,000,000 1,000,000 0 15,228,398

2063
1023 Courthouse Escalator Replacement 89,355 3,160,645 0 0 0 0 0 3,250,000

Org Subtotal 89,355 3,160,645 0 0 0 0 0 3,250,000

2071
1023 Courthouse Chiller Replacements 209,240 5,090,760 1,000.000 0 0 0 0 6,300,000

Org Subtotal 209,240 5,090,760 1,000,000 0 0 0 0 6,300,000

2073
1023 Corrections Campus Wide UPS System 428,861 2,071.139 2,800,000 0 0 0 0 5,300,000

Org Subtotal 428,861 2,071,139 2,800,000 0 0 0 0 5,300,000

2087
1023 CourthOuse Elevator Modernization 276,522 3,223,478 2,000,000 0 0 0 0 5,500,000

Org Subtotal 276,522 3,223,478 2,000,000 0 0 0 0 5,500,000

• Prior Expenditures is calculated using 3 or 5 years. 5


789
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2088
1023 Courthouse Lighting Upgrade 102,680 3,047,320 1,000,000 0 0 0 0 4,150,000

Org Subtotal 102,680 3,047,320 1,000,000 0 0 0 0 4,150,000

2089
1023 Courthouse Power Modernization 191,537 3,358,463 800,000 0 0 0 0 4 ,350,000

Org Subtotal 191 ,537 3,358,463 800,000 0 0 0 0 4,350,000

2091
1023 Public Works Admin Window Replacement 8,004 2,141 ,996 3,500,000 0 0 0 0 5,650,000

Org Subtotal 8,004 2,141 ,996 3,500,000 0 0 0 0 5,650,000

2092
1023 Corrections FDC Re-pipe 195,019 3,104,981 0 0 0 0 0 3,300,000

Org Subtotal 195,019 3,104,981 0 0 0 0 0 3,300,000

2093
1023 Corrections Genesis Re-pipe 136,177 2,963,823 0 0 0 0 0 3,100,000

Org Subtotal 136,177 2,963,823 0 0 0 0 0 3,100,000

2094
1023 Corrections BRC Smoke Controls 126,656 2 ,373,344 1,000,000 0 0 0 0 3,500,000

Org Subtotal 126,656 2,373,344 1,000,000 0 0 0 0 3,500,000

2095
1023 Facilities Central District Building Rplcmnt 183,745 2,016,255 900,000 0 0 0 0 3,100,000

Org Subtotal 183,745 2,016,255 900,000 0 0 0 0 3,100,000

2099
1023 Public Works Generator & Fuel Tank Rplcmnt 0 350,000 2,450,000 200,000 0 0 0 3 ,000 ,000

Org Subtotal 0 350,000 2,450,000 200,000 0 0 0 3,000,000

DIVISION SUBTOTAL 42,567,194 142,836,108 58,019,632 13,700,000 7,500,000 5,500,000 0 270,122,934

Fleet Management
2046
5530 Tanks Replacement 86,178 2,195,922 2,310,000 10,000 10,000 10,000 0 4,622,100

Org Subtotal 86,178 2,195,922 2,310,000 10,000 10,000 10,000 0 4,622,100

• Prior Expenditures is calculated using 3 or 5 years. 6

790
Proposed CIP - by Department/ Division Print Date: 01 /17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2051
5530 Fleet Bldg Renovations 222,875 1,363,827 2,439,750 905,500 100,000 100,000 0 5,131,952
Org Subtotal 222,875 1,363,827 2,439,750 905,500 100,000 100,000 0 5,131,952

DIVISION SUBTOTAL 309,053 3,559,749 4,749,750 915,500 110,000 110,000 0 9,754,052

Real Estate Management


3197
1023 Real Estate Mgmt Tracking Software 0 600,000 0 0 0 0 0 600,000
Org Subtotal 0 600,000 0 0 0 0 0 600,000

DIVISION SUBTOTAL 0 600,000 0 0 0 0 0 600,000

DEPARTMENT SUBTOTAL 50,746,358 165,410,400 64,769,382 14,615,500 7,610,000 5,610,000 0 308,761 ,640

• Prior Expenditures is calculated using 3 or 5 years. 7

791
Proposed GIP - by Department I Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund Project Name

Communitv & Famil~ Services


Citizen's Commission for Children
2557
CCC Bithlo NCF Building 80,663 1,919,337 0 0 0 0 0 2,000,000
1023
80,663 1,919,337 0 0 0 0 0 2,000,000
Org Subtotal

1,919,337 0 0 0 0 0 2,000,000
DIVISION SUBTOTAL 80,663

Community Action
2559
John Bridges Community Center 0 500,000 1,100,000 0 0 0 0 1,600,000
1023
0 500,000 1,100,000 0 0 0 0 1,600,000
Org Subtotal

2566
Southwood CC Playground 164,549 335,451 0 0 0 0 0 500,000
1023
164,549 335,451 0 0 0 0 0 500,000
Org Subtotal

2568
1246 Tangelo Park Community Center 303,235 3,696,765 985,000 0 0 0 0 4,985,000

303,235 3,696,765 985,000 0 0 0 0 4,985,000


Org Subtotal

2569
Community Center Security Upgrades 0 500,000 1,000,000 1,000,000 0 0 0 2,500,000
1023
0 500,000 1,000,000 1,000,000 0 0 0 2,500,000
Org Subtotal

2570
Multi-Cultural Community Center Phase IV 0 400,000 2,700,000 1,900,000 0 0 0 5,000,000
1023
0 400,000 2,700,000 1,900,000 0 0 0 5,000,000
Org Subtotal

2571
Two Generation Community Center 0 0 0 0 0 0 0 0
1023
0 0 0 0 0 0 0 0
Org Subtotal

2588
0 2,200,000 0 0 0 0 0 2,200,000
1023 Community Center
0 2,200,000 0 0 0 0 0 2,200,000
Org Subtotal

8
• Prior Expenditure s is calculated using 3 or 5 years.

792
Proposed CIP - by Department / Division Print Date: 01/1 7/2023

FY 2022/23 - FY 2026/27
Proposed Proposed Proposed Proposed Proposed Proposed Total
• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

467,784 7,632,216 5,785,000 2,900,000 0 0 0 16,785,000


DIVISION SUBTOTAL

Cooperative Extension
2589
1023 Cooperative Ext Office Renovation 0 30,000 90,000 0 0 0 0 120,000

0 30,000 90,000 0 0 0 0 120,000


Org Subtotal

0 30,000 90,000 0 0 0 0 120,000


DIVISION S UBTOTAL

Parks & Recreation


0187a
1023 INVEST - Dist 1 Dr. Phillips Ballfields 32,000 518,000 0 0 0 0 0 550,000
1265 Dist 1 Dr. Phillips Ballfields 256,000 4,494,000 0 0 0 0 0 4,750,000

288,000 5,012,000 0 0 0 0 0 5,300,000


Org Subtotal

0335a
1265 Grow Community Park 0 0 750.000 0 0 0 0 750,000

0 0 750,000 0 0 0 0 750,000
Org Subtotal

1915
1265 Little Econ Greenway-Gap 200,628 1,834,373 1,350,000 0 0 0 0 3,385,001

200,628 1,834,373 1,350,000 0 0 0 0 3,385,001


Org Subtotal

1941
1050 Parks Signage-Countywide 18,128 292 ,202 25,000 25,000 0 0 0 360,330

18,128 292,202 25,000 25,000 0 0 0 360,330


Org Subtotal

1962
1265 Community Parkland 3,607 2,000,000 2,000 ,000 0 0 0 0 4 ,003,607

3,607 2,000,000 2,000,000 0 0 0 0 4 ,003,607


Org Subtotal

1971
1265 Silve r Star Park (Pavilion) 102,205 0 0 0 0 0 0 102,205

102,205 0 0 0 0 0 0 102,205
Org Subtotal

9
• Prior Expenditures is calculated using 3 or 5 years .
793
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1982
1050 Ft Chirstmas PO Renovation 38,965 0 0 0 0 0 0 38,965
Org Subtotal 38,965 0 0 0 0 0 0 38,965

2100
1050 Park Improvements/Renovations 3,143,561 7,607 ,209 710,000 0 0 0 0 11,460,770
Org Subtotal 3,143,561 7,607,209 710,000 0 0 0 0 11 ,460,770
2116
1050 Park Trails Improvements/Renovations 1,364,394 3,987,913 1,300,000 0 0 0 0 6 ,652,307
7545 Parks Trail Imp/Ren (WOT Bridge) 92,059 0 0 0 0 0 0 92 ,059
Org Subtotal 1,456,453 3,987,913 1,300,000 0 0 0 0 6,744,366
2119
1265 Shingle Creek Trail 336,315 6 ,080,604 0 0 0 0 0 6 ,416,919
7505 LAP - Shingle Creek Trail, Ph 3B 0 3,831 ,616 0 0 0 0 0 3 ,831 ,616
7507 LAP - Shingle C reek Trail, Ph2 4 ,808,485 48,254 0 0 0 0 0 4 ,856,739
7508 LAP - Shingle Creek Trail, Ph1, Seg3 90 5,264,581 0 0 0 0 0 5 ,264,671
7517 LAP- Shingle Creek Trail, Ph1, Seg2 87 6,309,514 0 0 0 0 0 6 ,309 ,601
Org Subtotal 5,144,977 21 ,534,569 0 0 0 0 0 26,679,546

2121
1050 National Pollutant Discharge Elimination Syste 0 100,000 100,000 100,000 100,000 100,000 0 500,000
Org Subtotal 0 100,000 100,000 100,000 100,000 100,000 0 500,000
2129
1265 Pine Hills Trail 585 498,505 3,111,815 0 0 0 0 3,610,905
Org Subtotal 585 498,505 3,111,815 0 0 0 0 3,610,905
2135
1265 LEG Soccer Complex Road 40,872 1,299 ,960 0 0 0 0 0 1,340,832
Org Subtotal 40,872 1,299,960 0 0 0 0 0 1,340,832

2137
1050 Lakeside Village Neighborhood Park 149,635 0 0 0 0 0 0 149,635
Org Subtotal 149,635 0 0 0 0 0 0 149,635

• Prior Expenditures is calculated using 3 or 5 years. 10


794
Proposed CIP - by Department I Division Print Date: 01 /17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund Project Name

2138
Little River Park 0 0 0 0 0 0 0 0
1050
0 0 0 0 0 0 0 0
Org Subtotal

2139
Pedestrian Bridges 0 380,000 380,000 380,000 380,000 380,000 0 1,900,000
1050
0 380,000 380,000 380,000 380,000 380,000 0 1,900,000
Org Subtotal

2144
1265 Bomberos Field Park 4,877,612 108,943 0 0 0 0 0 4,986,555

4,877,612 108,943 0 0 0 0 0 4,986,555


Org Subtotal

2145
East Orange Soccer Fields 1,751,372 787,069 0 0 0 0 0 2,538,441
1265
1,751,372 787,069 0 0 0 0 0 2,538,441
Org Subtotal

2147
Barnett Park Soccer Fields 0 6,619 0 0 0 0 0 6,619
1265
0 6,619 0 0 0 0 0 6,619
Org Subtotal

2152
Moss Park Restroom Facility 685,125 145,912 0 0 0 0 0 831 ,037
1050
685,125 145,912 0 0 0 0 0 831,037
Org Subtotal

2153
Barnett Park Restroom Facility 706,441 0 0 0 0 0 0 706,441
1265
706,441 0 0 0 0 0 0 706,441
Org Subtotal

2154
Blanchard Park Restroom Facility 98,139 786,861 0 0 0 0 0 885,000
1265
98,139 786,861 0 0 0 0 0 885,000
Org Subtotal

2155
Horizon West Regional Park 1,042,779 5,546 ,086 4,628,994 5,000,000 0 0 0 16,217,859
1265
1,042,779 5,546,086 4,628,994 5,000,000 0 0 0 16,217,859
Org Subtotal

11
* Prior Expenditures is calculated using 3 or 5 years.
795
Proposed CIP - by Department / Division Print Date: 0111712023
FY 2022/23 - FY 2026/27
Proposed Proposed Proposed Proposed Proposed Proposed Total
• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
2157
1265 Blanchard Park Parking 111 ,956 2,088,044 0 0 0 0 0 2,200,000
Org Subtotal 111,956 2,088,044 0 0 0 0 0 2,200,000
2158
1050 Taborfield Neighborhood Pk 138,478 1,661 ,522 0 0 0 0 0 1,800,000
Org Subtotal 138,478 1,661,522 0 0 0 0 0 1,800,000
2160
1050 Park Playground Structures 883,799 2,840.300 1,500,000 0 0 0 0 5,224,099
Org Subtotal 883,799 2,840,300 1,500,000 0 0 0 0 5,224,099
2161
1050 Bentonshire Park 32,208 1,467.792 0 0 0 0 0 1,500,000
Org Subtotal 32,208 1,467,792 0 0 0 0 0 1,500,000
2162
1050 Generators for Hurricane Shelters 34,765 761,436 0 0 0 0 0 796,201
Org Subtotal 34,765 761,436 0. 0 0 0 0 796,201
2163
1050 Little Econ Greenway Bridge Repair 201 ,323 3,118.677 0 0 0 0 0 3,320,000
7546 Little Econ Greenway-Rouse Road Bridge 0 397,975 0 0 0 0 0 397,975
Org Subtotal 201,323 3,516,652 0 0 0 0 0 3,717,975
2164
1265 Bithlo (Fitness Center) 67,581 1,326,419 0 0 0 0 0 1,394,000
Org Subtotal 67,581 1,326,419 0 0 0 0 0 1,394,000
2165
1265 Downey Park (Pickleball Courts) 109,762 1,040,238 0 0 0 0 0 1,150.000
Org Subtotal 109,762 1,040,238 0 0 0 0 0 1,150,000
2166
1265 Pine Castle (Little League Fields) 3,500 0 0 0 0 0 0 3,500
Org Subtotal 3,500 0 0 0 0 0 0 3,500

* Prior Expenditures is calculated using 3 or 5 years. 12


796
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2167
1265 Barnett Park (Parcourse Stations) 69,492 0 0 0 0 0 0 69,492

69,492 0 0 0 0 0 0 69,492
Org Subtotal

2168
1265 Horizon West Trail 192,546 3,837,164 6,370,290 0 0 0 0 10,400,000

192,546 3,837,164 6,370,290 0 0 0 0 10,400,000


Org Subtotal

2169
1265 Clarcona Park Ring Cover 1,820,505 211 ,495 0 0 0 0 0 2,032,000

Org Subtotal 1,820,505 211,495 0 0 0 0 0 2,032,000

2170
1265 Barber Park (Recreation Center) 65,957 1,534,043 4,000,000 1,000,000 0 0 0 6,600,000

65,957 1,534,043 4,000,000 1,000,000 0 0 0 6,600,000


Org Subtotal

2171
1265 West Orange Park (Parcourse Stations) 75,179 0 0 0 0 0 0 75,179

75,179 0 0 0 0 0 0 75,179
Org Subtotal

2173
1050 Summerlake Neighborhood Park 118,568 1,681,432 0 0 0 0 0 1,800,000

118,568 1,681,432 0 0 0 0 0 1,800,000


Org Subtotal

2178
1265 Lake Apopka Loop Connector Trail 4,669 3.097.331 3,000,000 0 0 0 0 6 ,102,000
7534 LAP - Lake Apopka Loop Connector Trail 907,084 373,718 0 0 0 0 0 1,280,802

911,753 3,471,049 3,000,000 0 0 0 0 7,382,802


Org Subtotal

2179
1265 Harrod Property Improvements 25,876 974,124 0 0 0 0 0 1,000,000

25,876 974,124 0 0 0 0 0 1,000,000


Org Subtotal

2182
1050 Watermark Park 0 1,500,000 0 0 0 0 0 1,500,000

0 1,500,000 0 0 0 0 0 1,500,000
Org Subtotal

13
• Prior Expenditures is calculated using 3 or 5 years.
797
Proposed CIP - by Department I Division Print Date: 01117/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2183
1265 East Orange Nbrhd Prk Ballfield Lights 0 300,000 0 0 0 0 0 300,000

Org Subtotal 0 300,000 0 0 0 0 0 300,000

2184
1050 Fort Christmas Renovations and Maintenance 0 325,000 1,400.000 0 0 0 0 1,725,000

Org Subtotal 0 325,000 1,400,000 0 0 0 0 1,725,000

2185
1050 Waterleigh Park (North) 0 200,000 1,300,000 0 0 0 0 1,500,000

Org Subtotal 0 200,000 1,300,000 0 0 0 0 1,500,000

2186
1265 Morgran Community Park 0 750,000 5,000,000 0 0 0 0 5,750,000

Org Subtotal 0 750,000 5,000,000 0 0 0 0 5,750,000

2187
1265 Magnolia Solar Panels 0 250,000 0 0 0 0 0 250,000

Org Subtotal 0 250,000 0 0 0 0 0 250,000

2188
1265 Lake Ellenor Community Park 0 750,000 0 5,000,000 0 0 0 5,750,000

Org Subtotal 0 750,000 0 5,000,000 0 0 0 5,750,000

2189
1050 LED Field Light Improvements 0 400,000 1,568,000 0 0 0 0 1,968,000

Org Subtotal 0 400,000 1,568,000 0 0 0 0 1,968,000

2190
1050 Restroom Renovations 0 400,000 1,600,000 0 0 0 0 2,000,000

Org Subtotal 0 400,000 1,600,000 0 0 0 0 2,000,000

2191
1050 Orio Vista Parks Masterplan Project 0 80,000 300,000 3,000,000 0 0 0 3,380,000

Org Subtotal 0 80,000 300,000 3,000,000 0 0 0 3,380,000

• Prior Expenditures is calculated using 3 or 5 years. 14

798
Proposed GIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund Project Name

7382
Shingle Creek Trail 800,938 1,528,546 0 0 0 0 0 2,329,484
7506
800,938 1,528,546 0 0 0 0 0 2,329,484
Org Subtotal

84,823,477 40,394,099 14,505,000 480,000 480,000 0 166,095,846


DIVISION SUBTOTAL 25,413,270

Regional History Center


2522
ARC-History Center Capital Const 0 1,000,000 1,000,000 0 0 0 3,750,000 5,750,000
1023
0 1,000,000 1,000,000 0 0 0 3,750,000 5,750,000
Org Subtotal

2523
Heritage Square Park Renovations 0 250,000 0 0 0 0 0 250,000
1023
0 250,000 0 0 0 0 0 250,000
Org Subtotal

1,250,000 1,000,000 0 0 0 3,750,000 6,000,000


DIVISION SUBTOTAL 0

Youth & Family Services


2525
201,804 490,164 0 0 0 0 0 691,968
1023 JAC Security CIP
201,804 490,164 0 0 0 0 0 691,968
Org Subtotal

490,164 0 0 0 0 0 691 ,968


DIVISION SUBTOTAL 201,804

96,145,194 47,269,099 17,405,000 480,000 480,000 3,750,000 191 ,692,814


DEPARTMENT SUBTOTAL 26,163,521

15
• Prior Expenditures is calculated using 3 or 5 years.
799
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Constitutional Officers
BCC Districts CIP Projects
0187
1023 INVEST - Dist 1 Dr. Phillips Ballfields 1,165,119 2,963,422 0 0 0 0 0 4,128,541
Org Subtotal 1,165,119 2,963,422 0 0 0 0 0 4,128,541
0190
1023 INVEST - Dist 3 Parks Improvements 454,415 375,605 0 0 0 0 0 830,020
Org Subtotal 454,41 5 375,605 0 0 0 0 0 830,020
0191
1023 INVEST - Dist 3 Lake Baffle Box 461 ,424 13,576 0 0 0 0 0 475,000
Org Subtotal 461 ,424 13,576 0 0 0 0 0 475,000
0192
1023 INVEST - Dist 4 Back to Nature 397,926 4,931 ,350 0 0 0 0 0 5,329,276
Org Subtotal 397,926 4,931,350 0 0 0 0 0 5,329,276
0331
1023 INVEST - Dist 1 Capital Projects 26,678 1,259,167 0 0 0 0 0 1,285,845
Org Subtotal 26,678 1,259,167 0 0 0 0 0 1,285,845
0332
1023 INVEST - Dist 2 Magnolia Pk Ecotourism 4,283,516 528 ,025 0 0 0 0 0 4 ,811 ,541
Org Subtotal 4,283,51 6 528,025 0 0 0 0 0 4,811 ,541
0333
1023 INVEST - Dist 3 Two Gen Comm Ctr 106,641 36 1,523 0 0 0 0 0 468,164
Org Subtotal 106,64 1 361,523 0 0 0 0 0 468,164
0334
1023 INVEST - Dist 4 Parcel J Prop Mltpurps Flds 1,000,000 12 ,748 0 0 0 0 0 1,012,748
Org Subtotal 1,000,000 12,748 0 0 0 0 0 1,012,748
0335
1023 INVEST - Grow Community Park 0 4 ,993,850 0 0 0 0 0 4 ,993,850
Org Subtotal 0 4,993,850 0 0 0 0 0 4,993,850

• Prior Expenditures is calculated us ing 3 or 5 years 16


800
Proposed CIP - by Department / Division Print Date : 01 /17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

0336
1023 INVEST - Dist 6 Cultural Comm Ctr 4,261 .312 39,448 0 0 0 0 0 4 ,300,760

Org Subtotal 4,261,312 39,448 0 0 0 0 0 4,300,760

0342
1023 INVEST - Dist 3 Road Paving 0 0 0 0 0 0 0 0

Org Subtotal 0 0 0 0 0 0 0 0

0344
1023 INVEST - Dist 2 Adult Learning & Skill Training 478,000 0 0 0 0 0 0 478,000

Org Subtotal 478,000 0 0 0 0 0 0 478,000

DIVISION SUBTOTAL 12,635,031 15,478,714 0 0 0 0 0 28,113,745

Clerk of Courts
2075
1023 Clerk Branch Security 36,213 463,786 0 0 0 0 0 499,999

Org Subtotal 36,213 463,786 0 0 0 0 0 499,999

2096
1023 COC WinterPark&GSC Consolidation 4 ,862,430 8,637,570 2,500,000 0 0 0 0 16,000,000

Org Subtotal 4,862,430 8,637,570 2,500,000 0 0 0 0 16,000,000

2097
1023 Courthouse Elec Card Access Readers 31,888 198.112 0 0 0 0 0 230.000

Org Subtotal 31 ,888 198,112 0 0 0 0 0 230,000

2098
1023 Clerk of Courts Renovation s 0 310,000 520 ,000 0 0 0 0 830,000

Org Subtotal 0 310,000 520,000 0 0 0 0 830,000

8658
5896 ARPA-RR Clerk of Courts Cybersecurity 0 1,953,000 0 0 0 0 0 1,953,000

Org Subtotal 0 1,953,000 0 0 0 0 0 1,953,000

DIVISION SUBTOTAL 4,930,531 11 ,562,468 3,020,000 0 0 0 0 19,512,999

Public Defender

• Prior Expend itures is calculated using 3 o r 5 years. 17

801
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Propose d Proposed Propose d Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

4426
1023 Courthouse PD Office Space Renovation 484,111 361.450 0 0 0 0 0 845,561

484,111 361 ,450 0 0 0 0 0 845,561


Org Subtotal

484,111 361 ,450 0 0 0 0 0 845,561


DIVISION SUBTOTAL

Sheriff
0133
1035 Mounted Patrol Facility 131 ,204 D D D D D D 131,204

131,204 0 0 0 0 0 0 131 ,204


Org Subtotal

0139
1023 Sector V Substation D 3,900,000 D D 0 D D 3,900,000
1035 Sector V Substation D 3 ,000,000 0 D 0 0 0 3,000,000

0 6,900,000 0 0 0 0 0 6,900,000
Org Subtotal

0266
1023 New Evidence Facility 90,986 5,009,014 2,000,000 0 D 0 0 7,100,000
1035 New Evidence Facility 4,213,525 4,186,475 0 0 0 0 0 8,400,000

Org Subtotal 4,304,511 9,195,489 2,000,000 0 0 0 0 15,500,000

0338
1023 Sheriffs Communications Center 243,262 256,738 0 0 0 0 0 500,000

243,262 256,738 0 0 0 0 0 500,000


Org Subtotal

0339
1023 CAD/RMS Upgrade 3,170,590 1,629,425 0 0 0 0 0 4,800,015

3,170,590 1,629,425 0 0 0 0 0 4 ,800,015


Org Subtotal

4431
1023 Sheriffs K-9 Facility 333,622 0 0 0 0 0 0 333 ,622
1035 Sheriffs K-9 Facility 1,346,298 0 0 0 0 0 0 1,346,298

1,679,920 0 0 0 0 0 0 1,679,920
Org Subtotal

4432
1023 Aviation Upgrade 294 ,819 380,181 0 0 0 0 0 675,000

294,819 380,181 0 0 0 0 0 675,000


Org Subtotal

• Prior Expenditures is calculated using 3 or 5 years. 18

802
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

4433
1023 CSI Expansion 393,707 156,293 0 0 0 0 0 550,000

393,707 156,293 0 0 0 0 0 550,000


Org Subtotal

4434
1023 Central Ops Parking Security Fencing 0 1,000,000 0 0 0 0 0 1,000,000

0 1,000,000 0 0 0 0 0 1,000,000
Org Subtotal

4435
1023 Criminal Investigations Division Renovation 0 550,000 1,500,000 0 0 0 0 2,050,000

Org Subtotal 0 550,000 1,500,000 0 0 0 0 2,050,000

4436
1023 Mobile Video Office Relocation 0 100,000 0 0 0 0 0 100,000

0 100,000 0 0 0 0 0 100,000
Org Subtotal

4437
1023 Sheriffs Substation Renovation • Sector 4 0 125,000 0 0 0 0 0 125,000

0 125,000 0 0 0 0 0 125,000
Org Subtotal

10,218,013 20,293,126 3,500,000 0 0 0 0 34,011 ,139


DIVISION SUBTOTAL

DEPARTMENT SUBTOTAL 28,267,686 47,695,758 6,520,000 0 0 0 0 82,483,444

• Prior Expenditures is calculated using 3 or 5 years. 19

803
Proposed CIP - by Department I Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Convention Center
Convention Center
0960
4430 Convention Center Imp 18,213,850 33,964,205 25,132,128 20,579,929 47,670,615 43,669,778 0 189,230,505

Org Subtotal 18,213,850 33,964,205 25,132,128 20,579,929 47,670,615 43,669,778 0 189,230,505

0965
4430 North/South Concourse Renovations 13,916,360 10,769,213 29,556,556 27,562,646 24,491 ,663 23,550,755 0 129,847,193

Org Subtotal 13,916,360 10,769,213 29,556,556 27,562,646 24,491 ,663 23,550,755 0 129,847,193

0966
4430 west Concourse Renovations 45,108,306 11,936,940 14,629,087 11,347,208 13,167,522 4,800,438 0 100,989,501

Org Subtotal 45,108,306 11,936,940 14,629,087 11,347,208 13,167,522 4,800,438 0 100,989,501

0967
4430 ARC Funding 21 ,296,716 6,892,404 3,000,000 0 0 0 0 31 ,189, 120

Org Subtotal 21,296,716 6,892,404 3,000,000 0 0 0 0 31 ,189,1 20

DIVISION SUBTOTAL 98,535,232 63,562,762 72,31 7,771 59,489,783 85,329,800 72,020,971 0 451 ,256,319

DEPARTMENT SUBTOTAL 98,535,232 63,562,762 72,317,771 59,489,783 85,329,800 72,020,971 0 451 ,256,319

• Prior Expenditures is calculated using 3 or 5 years. 20


804
Proposed CIP - by Department/ Division Print Date: 01 /17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
Org Fund

Corrections
Corrections CIP
3839
1023 Corrections Isolation Cells Project 0 500,000 0 0 0 0 0 500,000

5896 ARPA-RR Corrections Negative Air & Suicide F 0 3,500,000 0 0 0 0 0 3,500,000

0 4,000,000 0 0 0 0 0 4,000,000
Org Subtotal

4022
1023 Perimeter Security Project 1,186,524 1,127,419 0 0 0 0 0 2,313,943

1,186,524 1,127,419 0 0 0 0 0 2,313,943


Org Subtotal

4026
1023 Rec Yards/Perimeter Fencing Maintenance 334,504 505,496 0 0 0 0 0 840,000

334,504 505,496 0 0 0 0 0 840,000


Org Subtotal

4027
1023 Video Visitation System Replacement 0 800,000 0 0 0 0 0 800,000

0 800,000 0 0 0 0 0 800,000
Org Subtotal

4028
1023 North & South Perimeter Security Bldgs 42,249 3,357 ,751 1,000,000 0 0 0 0 4 ,400,000

42,249 3,357,751 1,000,000 0 0 0 0 4,400,000


Org Subtotal

4029
1023 Video Visitation Center Renovation 35,086 39,914 0 0 0 0 0 75,000

35,086 39,914 0 0 0 0 0 7 5,000


Org Subtotal

4030
1023 Uniform Supply/Mailroom (Kitchen Retrofit) 507,720 1,522,280 0 0 0 0 0 2,030,000

507,720 1,522,280 0 0 0 0 0 2,030,000


Org Subtotal

4031
Campus Security Upgrades 1,016,490 10,186,661 6,097,815 0 0 0 0 17,300,966
1023
1,016,490 10,186,661 6,097,815 0 0 0 0 17,300,966,
Org Subtotal

21
• Prior Expenditures is calculated using 3 or 5 years.

805
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
4033
1023 Horizon Renovations 0 2,200,000 10,800,000 5,000,000 6,000,000 0 0 24,000,000
Org Subtotal 0 2,200,000 10,800,000 5,000,000 6,000,000 0 0 24,000,000
4034
1023 FDC Renovations 172,010 1,827,990 1,000,000 0 0 0 0 3,000,000
Org Subtotal 172,010 1,827,990 1,000,000 0 0 0 0 3,000,000
4036
1023 Campus-wide Wi-Fi Project 1,018,436 1,481 ,564 800,000 0 0 0 0 3 ,300,000
Org Subtotal 1,018,436 1,481 ,564 800,000 0 0 0 0 3,300,000
4037
1023 Jail Management System 0 6,033,000 4 ,500,000 0 0 0 0 10,533,000
Org Subtotal 0 6,033,000 4,500,000 0 0 0 0 10,533,000
4038
1023 Horizon Medical Clinic Expansion 0 1,000,000 0 4 ,000,000 2,000,000 0 0 7,000,000
Org Subtotal 0 1,000,000 0 4,000,000 2,000,000 0 0 7,000,000
4039
1023 Corrections Training Facility 0 1,500,000 0 7,000,000 6 ,500,000 0 0 15,000,000
Org Subtotal 0 1,500,000 0 7,000,000 6,500,000 0 0 15,000,000
4040
1023 Corrections Video Visitation Enclosure 0 500,000 1,300,000 0 0 0 0 1,800,000
Org Subtotal 0 500,000 1,300,000 0 0 0 0 1,800,000

DIVISION SUBTOTAL 4,313,019 36,082,075 25,497,815 16,000,000 14,500,000 0 0 96,392,909

Corrections Expansion
4032
1023 Corrections Future Expansion Property Acquis 1,113,548 6,452 0 0 0 0 0 1,120,000
Org Subtotal 1,113,548 6,452 0 0 0 0 0 1,120,000

DIVISION SUBTOTAL 1, 113,548 6,452 0 0 0 0 0 1,120,000

Corrections Other

• Prior Expend itures is calculated using 3 or 5 years.


22
806
Proposed CIP - by Department / Division Print Date: 01 /17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


* Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

4020
1023 Kitchen & Laundry Imp 40,017 9,056 0 0 0 0 0 49,073

40,017 9,056 0 0 0 0 0 49,073


Org Subtotal

4024
1023 OCCD lmpr. to Facilities 438,051 3,475,975 0 0 0 0 0 3,914 ,026

Org Subtotal 438,051 3,475,975 0 0 0 0 0 3,914,026

DIVISION SUBTOTAL 478,068 3,485,031 0 0 0 0 0 3,963,099

DEPARTMENT SUBTOTAL 5,904,635 39,573,558 25,497,815 16,000,000 14,500,000 0 0 101 ,476,008

• Prior Expenditures is calculated using 3 or 5 years. 23

807
Proposed CI P - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23- 24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Fire Rescue
Fire Rescue
0697
1023 INVEST - FS #67 (Univ./Lake TwyloArea) 4,491,663 452,969 0 0 0 0 0 4,944 ,632
Org Subtotal 4,491,663 452,969 0 0 0 0 0 4,944,632
0727
1023 INVEST - Training Facility 6,221 ,022 5,078,978 0 5,700,000 0 0 0 17,000,000
5896 ARPA-RR Fire Training Facilily 0 35,000,000 0 0 0 0 0 35,000.000
Org Subtotal 6,221,022 40,078,978 0 5,700,000 0 0 0 52,000,000
0771
1009 Enhance CAD 364,459 2,100,540 0 0 0 0 0 2,464,999
Org Subtotal 364,459 2,1 00,540 0 0 0 0 0 2,464,999
0772
1009 Facilities Management 5,286,999 3,236.155 1,000,000 1,000.000 1,000,000 1,000,000 0 12,523,154
1023 Facilities Management 1,117,452 3,604,706 0 0 0 0 0 4,722,158
Org Subtotal 6,404,451 6,840,861 1,000,000 1,000,000 1,000,000 1,000,000 0 17,245,312
0795
1023 INVEST - FS #87 (Avalon Park Area) 5,609,785 2,888 0 0 0 0 0 5,612,673
Org Subtotal 5,609,785 2,888 0 0 0 0 0 5,612,673
0797
1009 Fire Station #80 188,616 49,224 0 0 0 0 0 237,840
5896 ARPA-RR Fire Station #80 895,825 5,504.175 0 0 0 0 0 6.400,000
Org Subtotal 1,084,441 5,553,399 0 0 0 0 0 6,637,840
0798
1009 Fire Station #32 (Orange Lake) 428,239 0 0 0 0 0 0 428,239
1046 Fire Station #32 (Orange Lake) 45,940 5,489,798 0 0 0 0 0 5,535,738
5896 ARPA-RR Fire Station #32 0 2,500,000 0 0 0 0 0 2,500,000
Org Subtotal 474,1 79 7,989,798 0 0 0 0 0 8,463,977

• Prior Expenditures is calculated using 3 or 5 years 24


808
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
0801
1023 INVEST - FS #68 (Gold. & Silver Point Blvd) 6,522 ,725 175,274 0 0 0 0 0 6,697,999
Org Subtotal 6,522,725 175,274 0 0 0 0 0 6,697,999
0802
1023 INVEST - Fire Apparatus & Equipment 2 ,953,566 0 0 0 0 0 0 2,953,566
Org Subtotal 2,953,566 0 0 0 0 0 0 2,953,566
0803
1023 EOG Renovations 335,267 2,464,733 0 0 0 0 0 2 ,800,000
5896 ARPA-RR EOG Renovations 0 1,200,000 0 0 0 0 0 1,200,000
Org Subtotal 335,267 3,664,733 0 0 0 0 0 4,000,000
0804
1046 Fire Station #31 (Dr. Phillips) 0 0 0 0 0 0 7,980,000 7,980,000
5896 ARPA-RR Fire Station #31 0 3,000.000 0 0 0 0 0 3,000,000
Org Subtotal 0 3,000,000 0 0 0 0 7,980,000 10,980,000
0805
1046 Fire Station #44 (Summer Lk Blvd/Ficquette) 2,239,470 4 ,936,859 0 0 0 0 0 7,176,329
Org Subtotal 2,239,470 4,936,859 0 0 0 0 0 7,176,329
0806
1046 Fire Station #69 (Alafaya/Research Park) 1,231,985 170,772 0 0 0 0 7,072,242 8.474 ,999
Org Subtotal 1,231,985 170,772 0 0 0 0 7,072,242 8,474,999
0807
1046 Fire Station #59 (Darryl Carter Pkwy/Palm) 0 0 0 0 0 0 8.475,000 8,475,000
Org Subtotal 0 0 0 0 0 0 8,475,000 8,475,000
0808
1046 Fire Station #48 (Avalon/Lake Ingram) 695,431 4,601 ,380 2,940,812 322,377 0 0 0 8,560,000
Org Subtotal 695,431 4 ,601,380 2,940,812 322,377 0 0 0 8,560,000
8640
5896 ARPA-RR Fire Heavy Equipment 0 17,000,001 0 0 0 0 0 17,000,001
Org Subtotal 0 17,000,001 0 0 0 0 0 17,000,001

• Prior Expenditures is calculated using 3 or 5 years. 25


809
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

8659
5896 ARPA-RR Fire Rescue Capital Equipment 0 5,000,000 0 0 0 0 0 5,000,000

Org Subtotal 0 5,000,000 0 0 0 0 0 5,000,000

DIVISION SUBTOTAL 38,628,444 101 ,568,452 3,940,81 2 7,022,377 1,000,000 1,000,000 23,527,242 176,687,327

DEPARTMENT SUBTOTAL 38,628,444 101,568,452 3,940,812 7,022,377 1,000,000 1,000,000 23,527,242 176,687,327

Health Services
Animal Services
0252
1023 Animal Services Facility 127,181 3,872.819 15,000.000 15,000,000 7,000,000 0 0 4 1,000,000

Org Subtotal 127,181 3,872,819 15,000,000 15,000,000 7,000,000 0 0 41 ,000,000

2393
1023 Spay/Neuter Clinics 850,789 1,756,549 1,000,000 0 0 0 0 3,607,338

Org Subtotal 850,789 1,756,549 1,000,000 0 0 0 0 3,607,338

DIVISION SUBTOTAL 977,970 5,629,368 16,000,000 15,000,000 7,000,000 0 0 44,607,338

Medical Examiner
2590
1023 Medical Examiner Office Expansion 0 2,000,000 0 10.000.000 10,000,000 0 0 22,000,000

Org Subtotal 0 2,000,000 0 10,000,000 10,000,000 0 0 22,000,000

DIVISION SUBTOTAL 0 2,000,000 0 10,000,000 10,000,000 0 0 22,000,000

Mosquito Control
2472
1023 Mosquito Control Facility 2,233.788 2,021 ,212 0 0 0 0 0 4 ,255.000
5896 ARPA-RR Mosquito Control 0 10.000.000 0 0 0 0 0 10,000,000

Org Subtotal 2,233,788 12,021 ,212 0 0 0 0 0 14,255,000

DIVISION SUBTOTAL 2,233,788 12,021 ,212 0 0 0 0 0 14,255,000

DEPARTMENT SUBTOTAL 3,211 ,758 19,650,580 16,000,000 25,000,000 17,000,000 0 0 80,862,338

• Prior Expenditures is calculated using 3 or 5 years. 26

810
Proposed CIP - by Department I Division Print Date: 01/ 17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


* Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Other Court Funds


Court Facilities
0892
1248 State Attorney Grand Jury Room 71,794 28,529 0 0 0 0 0 100,323

Org Subtotal 71,794 28,529 0 0 0 0 0 100,323

2066
1248 Courthouse Bird Deterrent 255,215 0 0 0 0 0 0 255,215

Org Subtotal 255,215 0 0 0 0 0 0 255,215

2069
1248 Courthouse Dewatering System 43,630 467,848 0 0 0 0 0 511,478

Org Subtotal 43,630 467,848 0 0 0 0 0 511,478

DIVISION SUBTOTAL 370,639 496,377 0 0 0 0 0 867,016

Court Technology
0861
1023 State Attorney Tech Modernization 0 963,874 0 0 0 0 0 963,874
1247 State Attorney Tech Modernization 356,968 0 0 0 0 0 356,969

Org Subtotal 356,968 963,875 0 0 0 0 0 1,320,843

DIVISION SUBTOTAL 356,968 963,875 0 0 0 0 0 1,320,843

DEPARTMENT SUBTOTAL 727,607 1,460,252 0 0 0 0 0 2,187,859

Other Offices
Innovation Lab Office
0162
1023 OC Innovation Lab Building 0 1,000,000 1,000,000 0 0 0 0 2,000,000

Org Subtotal 0 1,000,000 1,000,000 0 0 0 0 2,000,000

DIVISION SUBTOTAL 0 1,000,000 1,000,000 0 0 0 0 2,000,000

DEPARTMENT SUBTOTAL 0 1,000,000 1,000,000 0 0 0 0 2,000,000

* Prior Expenditures is calculated using 3 or 5 years, 27

811
Proposed CIP - by Department / Division Print Date: 01117/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

PEDS
Building Safety
2613
1011 Building Safety Renovations 932,701 969,469 0 0 0 0 0 1,902,170
1023 Building Safety Renovations (Zoning) 14,898 45,102 0 0 0 0 0 60,000
Org Subtotal 947,599 1,014,571 0 0 0 0 0 1,962,170
2632
1011 Satellite Office Building 0 100,000 55,000 0 0 0 145,000 300,000
Org Subtotal 0 100,000 55,000 0 0 0 145,000 300,000

DIVISION SUBTOTAL 947,599 1,114,571 55,000 0 0 0 145,000 2,262,170

Environmental Protection
1978
1023 Environmental Sensitive Land 165,092 2,511,325 0 0 0 0 0 2,676,41 7
1026 Environmental Sensitive Land 1,093,870 2,885,883 0 0 0 0 0 3,979,753
1274 Environmental Sensitive Land 0 15,675 0 0 0 0 0 15,675
Org Subtotal 1,258,962 5,412,883 0 0 0 0 0 6,671 ,845
2439
1023 Water Quality Improvements 4,268,357 10,019,710 3,050,000 0 0 0 0 17,338,067
8153 Water Quality Improvements 137,434 3,596 0 0 0 0 0 141 ,030
Org Subtotal 4,405,791 10,023,306 3,050,000 0 0 0 0 17,479,097
2482
1023 Pineloch NSBB/Upflow Filter Construction 555,450 0 0 0 0 0 0 555,450
Org Subtotal 555,450 0 0 0 0 0 0 555,450
2657
1023 Little Wekiva STA 231 ,617 4,768.383 0 0 0 0 0 5,000,000
Org Subtotal 231,617 4,768,383 0 0 0 0 0 5,000,000
2658
1023 Lake Lawne Reuse Facility 1,451 ,962 1,318,035 0 0 0 0 0 2,769,997
Org Subtotal 1,451,962 1,318,035 0 0 0 0 0 2,769,997

* Prior Expenditures is calculated using 3 or 5 years 28


812
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


* Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2659
1026 TM Ranch Acquisition 147,875 314,209 0 0 0 0 0 462,084

Org Subtotal 147,875 314,209 0 0 0 0 0 462,084

4303
1023 Environmenlal Sensitive Land Acquisitions 1,696,232 51,042,450 47,261 ,318 0 0 0 0 100,000,000

Org Subtotal 1,696,232 51 ,042,450 47,261 ,318 0 0 0 0 100,000,ooo

DIVISION SUBTOTAL 9,747,889 72,879,266 50,311 ,318 0 0 0 0 132,938,473

Housing & Community Development


1769
1246 I-Drive Catalytic Site 0 0 4,500,000 4,500,000 4,500,000 0 9,000,000 22,500,000

Org Subtotal 0 0 4,500,000 4,500,000 4,500,000 0 9,000,000 22,500,000

2568
5902 Tangelo Park Community Center 0 500,000 0 0 0 0 0 500,000

Org Subtotal 0 500,000 0 0 0 0 0 500,000

DIVISION SUBTOTAL 0 500,000 4,500,000 4,500,000 4,500,000 0 9,000,000 23,000,000

Neighborhood Services
3147
1023 Cassady Building Phase 11 0 300,000 700,000 0 0 0 0 1,000,000

Org Subtotal 0 300,000 700,000 0 0 0 0 1,000,000

DIVISION SUBTOTAL 0 300,000 700,000 0 0 0 0 1,000,000

Planning
3195
1246 I-Drive Wayfinding and Signage 0 1,800,122 0 0 0 0 0 1,800,122

Org Subtotal 0 1,800,122 0 0 0 0 0 1,800,122

3196
1246 Tangelo Pk Nbrhd Beautification & Asthtics 0 200,000 0 0 0 0 0 200,000

Org Subtotal 0 200,000 0 0 0 0 0 200,000

* Prior E xpenditures is calculated using 3 or 5 years. 29

813
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

DIVISION SUBTOTAL 0 2,000,122 0 0 0 0 0 2,000,122

Transportation Planning
2663
1246 Regional Transit Connectivity 1,304,178 195,822 0 0 0 0 0 1,500,000
Org Subtotal 1,304,178 195,822 0 0 0 0 0 1,500,000

DIVISION SUBTOTAL 1,304,178 195,822 0 0 0 0 0 1,500,000

DEPARTMENT SUBTOTAL 11 ,999,666 76,989,781 55,566,318 4,500,000 4,500,000 0 9,145,000 162,700,765

* Prior Expenditures is calculated using 3 or 5 years. 30


814
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Public Works
Engineering
2722
1003 Intersection WID/CW 3,289,322 7,172 ,331 3,000,100 3,000.100 3,000,100 3,000,100 0 22,462,053
1246 Intersection WlD/CW 196,178 58,441 0 0 0 0 0 254,619
1306 Intersection WID/CW 53 1,011 ,007 328,942 0 0 0 0 1,340,002
1308 Intersection WID/CW 0 2,949 0 0 0 0 0 2,949
1327 Intersection WID/CW 5,343 0 0 0 0 0 0 5,343
7511 LAP - Oakland Ave Roundabout 599,538 2,373,102 0 0 0 0 0 2,972 ,640
7515 LAP-Tiny Road at Tilden Road 369,203 0 0 0 0 0 0 369,203
7516 LAP - University Blvd at Dean Rd 75,479 922 ,359 0 0 0 0 0 997,838
7533 LAP - Vineland Ave/SR 535 1,230,288 0 0 0 0 0 0 1,230,288

Org Subtotal 5,765,404 11,540,189 3,329,042 3,000,1 00 3,000,100 3,000,100 0 29,634,935

2743
1034 Vineland Avenue 0 262,954 1,000,000 500,000 3,000,000 3,000,000 0 7,762,954
1333 Vineland Avenue 0 498,937 0 0 0 0 0 498,937

Org Subtotal 0 761 ,891 1,000,000 500,000 3,000,000 3,000,000 0 8,261 ,891

2744
1246 International Drive Pedestrian Overpass 25,503 174,497 0 0 0 0 16,700,000 16,900,000

Org Subtotal 25,503 174,497 0 0 0 0 16,700,000 16,900,000

2752
1003 Richard Crotty Pkwy (436-Dean) 0 0 0 0 5,955,000 3,750,000 0 9,705,000
1023 INVEST - R. Crotty Pkwy (436-Dean) 522,127 875,623 0 0 0 0 0 1,397,750
1032 Richard Crotty Pkwy (4 36-Dean) 1,315,917 13,697,643 3.000.000 9,925,000 5,575,000 0 54,760,000 88,273,560
1335 Richard Crotty Pkwy (436-Dean) 0 210,446 0 0 0 0 0 210,446

Org Subtotal 1,838,044 14,783,712 3,000,000 9,925,000 11,530,000 3,750,000 54,760,000 99,586,756

2766
1003 ROW & Drainage 7,505 0 5,000 5,000 5,000 5,000 0 27,505

Org Subtotal 7,505 0 5,000 5,000 5,000 5,000 0 27,505

* Prior Expenditures is calculated using 3 or 5 years. 31

815
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27
Proposed Proposed Proposed Proposed Proposed Proposed Total
* Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
2841
1003 Sidewalk Program C-W 6,688,914 3,196 ,229 5,530,951 3,300,000 2,400,000 2,400,000 23,516,094
0
Org Subtotal 6,688,914 3,196,229 5,530,951 3,300,000 2,400,000 2,400,000 0 23,516,094
2852
1003 Major Drng Structures-Replac 554,466 5,576,274 2,235,071 750,000 750,000 750,000 0 10,615,811
Org Subtotal 554,466 5,576,274 2,235,071 750,000 750,000 750,000 0 10,615,811
2859
1023 Pine Hills Landfill Closure 430,797 705,750 106,000 106,000 106,000 106,000 0 1,560,547
Org Subtotal 430,797 705,750 106,000 106,000 106,000 106,000 0 1,560,547
2883
1034 Sand Lake Road 0 2,968,518 7 ,420,526 1,000,000 0 0 0 11,389 ,044
1326 Sand Lake Road 420,185 432.270 0 0 0 0 0 852,455
Org Subtotal 420,185 3,400,788 7,420,526 1,000,000 0 0 0 12,241,499
2892
1034 Hamlin Road Extension 9,051,859 68,121 0 0 0 0 0 9,119,980
Org Subtotal 9,051,859 68,121 0 0 0 0 0 9,119,980
2929
1033 Orange Ave (Osceola Cly-Turnpike) 0 0 1,000,000 0 0 0 18,940,000 19,940,000
Org Subtotal 0 0 1,000,000 0 0 0 18,940,000 19,940,000
3037
1003 Taft-Vnlnd Rd{441-Orng Av) 0 96,255 0 0 0 0 0 96,255
1033 Taft-Vnlnd Rd(441-Orng Av) 7 ,006,371 (60,150) 5,715,309 5,000,000 10,300,000 7,015,000 2,200,000 37, 176,530
1329 Taft-Vnlnd Rd(441-Orng Av) 20,049 966,727 0 0 0 0 0 986,776
1336 Taft-Vnlnd Rd(441-Orng Av) 0 1,832,391 0 0 0 0 0 1,832,391
Org Subtotal 7,026,420 2,835,223 5,715,309 5,000,000 10,300,000 7,015,000 2,200,000 40,091 ,952
3045
1034 Holden Ave(JYP-Orng Av) 20,156,944 213,294 0 0 0 0 0 20,370,238
Org Subtotal 20,156,944 213,294 0 0 0 0 0 20,370,238

* Prior Expenditures is calculated using 3 or 5 years. 32

816
Proposed CIP - by Department/ Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

3073
1246 Kirkman Road Extension 246,879 763.121 0 60,000,000 0 0 0 61 ,010,000
8286 Kirkman Road Extension 16,000,000 0 0 0 0 0 0 16,000,000

16,246,879 763,121 0 60,000,000 0 0 0 77,010,000


Org Subtotal

3074
1246 International Dr Ultimate Tran Study 1,415,904 2,323,381 0 0 0 0 28,000,000 31 ,739,285

1,415,904 2,323,381 0 0 0 0 28,000,000 31 ,739,285


Org Subtotal

3095
1034 Palm Parkway Connector Road 7,836,181 (57,723) 0 0 0 0 0 7,778,458

7,836,181 (57,723) 0 0 0 0 0 7,778,458


Org Subtotal

3096
1003 Kennedy Blvd (Forest City-I4) 857,011 129,291 4,579,033 0 0 6,829,626 6,460,000 18,854 ,961
1004 Kennedy Blvd (Forest City-I4) 1,306,010 66,361 0 0 0 0 0 1,372,371
1023 INVEST - Kennedy (Forest City-I4) 666,126 1,459,146 1,707,624 8 ,251 ,000 11,400,000 5,770,374 0 29,254,270
1031 Kennedy Blvd (Forest City-I4) 4 ,024,527 3,305,523 0 0 0 0 0 7,330,050

6,853,674 4,960,321 6,286,657 8,251 ,000 11 ,400,000 12,600,000 6,460,000 56,811 ,652
Org Subtotal

3097
1003 All American(OBT-Forest Cly) 252 ,884 470,925 0 7,405,880 2,700,000 0 0 10,829,689
1031 All American(OBT-Forest Cty) 1,135,745 1,652,331 5,930,248 1,794,120 2,000,000 0 0 12,512 ,444

1,388,629 2,123,256 5,930,248 9,200,000 4,700,000 0 0 23,342,133


Org Subtotal

5000
1003 Street Lights-County Rds 741 ,321 2,383,818 0 0 0 0 0 3,125,139
1033 Street Lights-County Rds 1,983,603 (253,120) 0 0 0 0 0 1,730,483
1034 Street Lights-County Rds 3,062,563 (1,179,925) 0 0 0 0 0 1,882,638
1315 Street Lights-County Rds 2,360,819 0 0 0 0 0 0 2,360,819
1316 Street Lights-County Rds 457 ,452 236,220 0 0 0 0 0 693,672

8,605,758 1,1 86,993 0 0 0 0 0 9,792,751


Org Subtotal

5001
1246 John Young Pkwy/6 Lane 288,149 105,716 0 0 0 0 0 393,865

288,149 105,716 0 0 0 0 0 393,865


Org Subtotal

• Prior Expenditures is calculated using 3 or 5 years. 33

817
Proposed CIP - by Department / Division Print Date: 0 1/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
5004
1023 INVEST - Chuluota Rd 100 338,000 5,190,400 3,964,400 507,100 0 0 10,000,000
1328 Chuluota Rd 496,003 72,703 132,337 0 0 0 0 701,043
Org Subtotal 496,103 410,703 5,322,737 3,964,400 507,100 0 0 10,701,043
5005
1023 INVEST - McCulloch Rd 177,380 524,527 2,937,065 2,196,160 7, 139,856 0 0 12,974,988
Org Subtotal 177,380 524,527 2,937,065 2,196,160 7,139,856 0 0 12,974,988
5023
1002 Edgewater Drive 0 921,000 0 0 0 0 0 921 ,000
Org Subtotal 0 921 ,000 0 0 0 0 0 921 ,000
5024
1023 INVEST - Econ Tri (Lk Underhill-SRS0) 1,609,177 7,845,892 28,043,162 4,035,000 0 0 0 41 ,533,231
1032 Econ Trail (Lk Underhill-SR50) 818,646 11 ,577,444 0 0 0 0 0 12,396,090
Org Subtotal 2,427,823 19,423,336 28,043,162 4,035,000 0 0 0 53,929,321
5027
1023 INVEST - TX Ave (Oak Rdg-Holden) 222,148 48,145 0 0 0 0 0 270,293
1034 Texas Ave (Oak Rdg-Holden) 764,783 14,464.488 4,439,223 4,400,000 4,163,271 0 0 28,231 ,765
Org Subtotal 986,931 14,512,633 4,439,223 4,400,000 4,163,271 0 0 28,502,058
5033
1004 Raleigh St lmpr (Kirkman Rd to Ivey Lane) 0 999,950 0 0 0 0 0 999,950
Org Subtotal 0 999,950 0 0 0 0 0 999,950
5036
1034 CR 545 Widening - Village I to H 16,650 19,003 1,724,397 0 0 0 0 1,760,050
1331 CR 545 Widening - Village I to H 0 1,718,665 0 0 0 0 0 1,71 8,665
Org Subtotal 16,650 1,737,668 1,724,397 0 0 0 0 3,478,715
5037
1034 Western Way Rd Imp (CR545 to Lk Cnty Line) 300,000 1,910,826 4,400,000 0 0 0 0 6,610,826
Org Subtotal 300,000 1,91 0,826 4,400,000 0 0 0 0 6,610,826

• Prior Expenditures is calcu lated using 3 or 5 years. 34


818
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5055
1031 CR 545 (nlden-SR50) 608,562 305,079 876,402 0 0 0 5,210,000 7,000,043

Org Subtotal 608,562 305,079 876,402 0 0 0 5,210,000 7,000,043

5056
1003 FOOT St Lighting & Lndscp 399,236 2,086,238 0 0 0 0 0 2 ,485,474

Org Subtotal 399,236 2,086,238 0 0 0 0 0 2,485,474

5059
1032 Woodbury Road Study 0 (1,473,955) 800,000 2,485,000 2,600,000 200,000 15.000.000 19,611,045
1325 Woodbury Road Study 657,767 875,574 0 0 0 0 0 1,533,341

Org Subtotal 657,767 (598,381) 800,000 2,485,000 2,600,000 200,000 15,000,000 21,144,386

5064
1033 Innovation way S(417-528) 3,050 1,195,325 50,000 2,925,000 2,000,000 0 0 6 ,173,375
1332 Innovation Way S(417-528) 708,097 648,954 0 0 0 0 0 1,357,05 1

Org Subtotal 711 ,147 1,844,279 50,000 2,925,000 2,000,000 0 0 7,530,426

5068
1034 Reams Road (Fiquette-CR535) 2 ,657,041 0 0 0 0 53.000 0 2 ,710,041

Org Subtotal 2,657,041 0 0 0 0 53,000 0 2,710,041

5070
1246 I-Drive Transit Lanes 924,483 1,022 ,095 12,442,164 9,400,099 4 ,000,000 0 0 27 ,788,841

Org Subtotal 924,483 1,022,095 12,442,164 9,400,099 4,000,000 0 0 27,788,841

5081
1246 Tangelo Pk Pedestrian Traffic Calming 50,000 150,000 50,000 50,000 50,000 50,000 0 400,000

Org Subtotal 50,000 150,000 50,000 50,000 50,000 50,000 0 400,000

5085
1023 INVEST - Boggy Creek Rd 2,660,124 121,488 0 0 0 0 0 2 ,781 ,612
1033 Boggy Creek Rd 5,878,265 7,637,261 3,564,841 0 0 0 0 17,080,367
1321 Boggy Creek Rd 1,912 ,331 1,626,237 0 0 0 0 0 3 ,538,568

Org Subtotal 10,450,720 9,384,986 3,564,841 0 0 0 0 23,400,547

• Prior Expenditures is calculated using 3 or 5 years. 35

819
Proposed CIP - by Department I Division Print Date: O1/17/2023
FY 2022/2.3 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5089
1246 Destination Parkway 2 ,855,546 0 100,000 0 0 0 0 2,955,546
Org Subtotal 2,855,546 0 100,000 0 0 0 0 2,955,546

5090
1023 INVEST - Lk Uhill (Chickasaw-Rouse) 2 ,660,738 2,804 ,426 9,110,937 8,300,000 5,700,000 0 0 28,576,101
1032 Lk Uhill (Chickasaw-Rouse) 0 0 0 0 0 0 41 ,350,000 41 ,350,000
1312 Lk Uhill (Chickasaw-Rouse) 1,322,525 177,747 0 0 0 0 0 1,500,272
Org Subtotal 3,983,263 2,982,173 9,110,937 8,300,000 5,700,000 0 41 ,350,000 71,426,373

5094
1246 TSM Traffic Calming 67,096 32,904 0 0 0 0 0 100,000
Org Subtotal 67,096 32,904 0 0 0 0 0 100,000

5095
1246 Pedestrian Enhancements 2 ,171 ,876 3,649,807 600,000 600,000 600,000 600,000 0 8,221 ,683
Org Subtotal 2,171 ,876 3,649,807 600,000 600,000 600,000 600,000 0 8,221 ,683

5109
1023 Legacy - Holden Ave(JYP-OBT) 1,521,941 110,786 0 0 0 0 0 1,632,727

Org Subtotal 1,521 ,941 110,786 0 0 0 0 0 1,632,727

5115
1023 Legacy - Lake Underhill(Dean-Rouse) 426,696 304,559 0 0 0 0 0 731,255
Org Subtotal 426,696 304,559 0 0 0 0 0 731,255

5121
1023 Legacy - Texas Ave 4,364,057 2 ,411 ,594 3,000,000 0 0 0 0 9,775,651
Org Subtotal 4,364,057 2,411,594 3,000,000 0 0 0 0 9,775,651

5122
1023 Legacy - Valencia College Ln 0 113,830 0 0 0 0 0 113,830

Org Subtotal 0 113,830 0 0 0 0 0 113,830

• Prior Expenditures is calculated using 3 or 5 years. 36


820
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5134
1309 UCF Area Pedestrian Safety Imp 370,182 654,598 0 0 0 0 0 1,024,780
1314 UCF Area Pedestrian Safety Imp 39,711 1,723,846 0 0 0 0 0 1,763,557
1338 UCF Area Pedestrian Safety Imp 0 621.722 0 0 0 0 0 621 ,722

Org Subtotal 409,893 3,000,166 0 0 0 0 0 3,410,059

5137
1002 Pine Hills Pedestrian Safety Project 998,961 1,720,220 14,600,000 1,000.000 0 0 0 18,319,181
1003 Pine Hills Pedestrian Safety Project 0 6 ,000,000 0 0 0 0 0 6,000,000
1300 Pine Hills Pedestrian Safety Project 77,360 1,377 0 0 0 0 0 78,737

Org Subtotal 1,076,321 7,721 ,597 14,600,000 1,000,000 0 0 0 24,397,918

5139
1003 INVEST - Reams (Summerlk-Taborfld) 0 0 0 0 4,400,000 5,350.000 0 9,750,000
1023 INVEST - Reams (Summerlk-Taborfld) 735,698 1,486,967 908.494 4,570,247 10.400,000 0 0 18,101,406
1034 Reams (Summerlk-Taborfld) 450 5,300,000 4,099,550 12,039,703 6,900,000 0 0 28.339,703
1304 Reams (Summertk-Taborfld) 1,781 ,614 366,954 0 0 0 0 0 2,148,568

Org Subtotal 2,517,762 7,153,921 5,008,044 16,609,950 21 ,700,000 5,350,000 0 58,339,677

5140
1023 INVEST - Ficquette (Summertk-Overst) 1,116,140 326. 167 72,900 8 ,500,000 8,400,000 1,065,739 0 19,480,946
1034 Ficquette (Summerlk-Overst) 80,318 4,829,682 1,604,261 1,319,670 0 0 0 7,833 ,931
1307 Ficquette (Summertk-Overst) 0 336 0 0 0 0 0 336

Org Subtotal 1,196,458 5,156,185 1,677,161 9,819,670 8,400,000 1,065,739 0 27,315,213

5141
1023 INVEST - EOG Transport Needs 505,001 2 ,558,229 3,655 .571 2,655,024 5,138,175 0 0 14 ,512 ,000

Org Subtotal 505,001 2,558,229 3,655,571 2,655,024 5,138,175 0 0 14,512,000

5142
1023 INVEST - Intersections & Ped Safety 2,827,140 10,843,986 0 0 0 0 0 13,671,126
1334 Intersections & Ped Safety 210,656 100,000 0 0 0 0 0 310,656

Org Subtotal 3,037,796 10,943,986 0 0 0 0 0 13,981 ,782

* Prior Expenditures is calculated using 3 or 5 years. 37

821
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5143
1002 Median Tree Program 2,913,967 3,061 ,104 0 0 0 0 0 5,975,071
1029 Median Tree Program 2,676,853 556,946 0 0 0 0 0 3,233,799
Org Subtotal 5,590,820 3,618,050 0 0 0 0 0 9,208,870

51 45
1002 Oak Ridge Pedestrian Safety 0 4 ,255,985 0 0 0 0 0 4,255,985
1003 Oak Ridge Pedestrian Safety 657,798 9,076 ,103 0 0 0 0 0 9,733,901
1334 Oak Ridge Pedestrian Safety 0 313 ,864 0 0 0 0 0 313,864
Org Subtotal 657,798 13,645,952 0 0 0 0 0 14,303,750

5148
1003 East Streets Drainage Imp Sec 2 147,395 1,127,606 0 0 0 0 0 1,275 ,001
Org Subtotal 147,395 1,127,606 0 0 0 0 0 1,275,001

5149
1033 Sunbridge Parkway (Dowden Rd to Osceola C 0 568,357 0 0 0 0 0 568,357
Org Subtotal 0 568,357 0 0 0 0 0 568,357

5154
1003 Avalon Rd/CR545 (US 192 to Hartzog Rd) 383,011 77.089 0 0 0 0 0 460,100
1034 Avalon Rd/CR545 (US 192 to Hartzog Rd) 17,550 12,650 0 0 0 0 0 30,200
1331 Avalon Rd/CR545 (US 192 to Hartzog Rd) 0 0 1,480,601 0 0 0 0 1,480,601
1339 Avalon Rd/CR545 (US 192 to Hartzog Rd) 0 0 683 ,125 0 0 0 0 683,1 25
Org Subtotal 400,561 89,739 2,163,726 0 0 0 0 2,654,026

5155
1003 Tiny Rd (Bridgewater Crossing Bv t Tilden Rd) 288,603 261 ,375 0 0 0 0 0 549,978
1034 Tiny Rd (Bridgewater Crossing Bv t Tilden Rd) 13,050 310,348 286,950 0 0 0 0 610,348
Org Subtotal 301,653 571,723 286,950 0 0 0 0 1,160,326

5156
1003 University Blvd (Goldenrod Rd to SR 436) 0 630,200 0 0 0 0 0 630,200
Org Subtotal 0 630,200 0 0 0 0 0 630,200

• Prior Expenditures is calculated using 3 or 5 years. 38

822
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5160
1246 Tradeshow Blvd lmprv 8,214 2,991,786 4,500,000 5,000,000 D 0 9,700 ,000 22 ,200,000

Org Subtotal 8,214 2,991 ,786 4,500,000 5,000,000 0 0 9,700,000 22,200,000

7368
7525 LAP - University Blvd at Dean Rd 462 ,434 0 D 0 0 0 0 462,434

Org Subtotal 462,434 0 0 0 0 0 0 462,434

7370
7527 LAP - Turkey Lk Vineland Rd 519,277 0 0 0 0 0 D 519,277

Org Subtotal 519,277 0 0 0 0 0 0 519,277

7372
7529 LAP Gatlin Avenue 810,370 0 0 0 0 D D 810,370

Org Subtotal 810,370 0 0 0 0 0 0 810,370

7374
7531 LAP - Alafaya Trail & Corp Blvd 286,867 160 D D 0 0 0 287,027

Org Subtotal 286,867 160 0 0 0 0 0 287,027

7375
7532 LAP Powers Drive 128,825 71,178 0 0 0 0 0 200,003

Org Subtotal 128,825 71 ,178 0 0 0 0 0 200,003

DIVISION SUBTOTAL 148,912,978 178,750,460 150,911,184 174,477,403 109,189,502 39,944,839 198,320,000 1,000,506,366

Fiscal & Operational Support


8641
5896 ARPA-RR Public Works Heavy Equipment 0 2,800,000 0 0 0 0 0 2,800,000

Org Subtotal 0 2,800,000 0 0 0 0 0 2,800,000

DIVISION SUBTOTAL 0 2,800,000 0 0 0 0 0 2,800,000

Roads & Drainage


2912
1004 Bridge Maintenance and Repairs 2,590,764 3,372,581 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 20,963,345

Org Subtotal 2,590,764 3,372,581 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 20,963,345

• Prior Expenditures is calculated using 3 or 5 years. 39

823
Proposed CIP - by Department I D ivision Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2913
1004 Multipurpose Path Conversion and Main!. 1,120,283 0 0 0 0 0 0 1,120,283
Org Subtotal 1,120,283 0 0 0 0 0 0 1,120,283

2947
1004 MTNC Yards Improvements 888,920 3,369,203 400,000 400,000 400,000 400,000 400,000 6,258,1 23
Org Subtotal 888,920 3,369,203 400,000 400,000 400,000 400,000 400,000 6,258,123

2990
1004 Rehab Existing Rdwys CW 78,276,275 50,399,274 31,000,000 31 ,000,000 31 ,000,000 31 ,000,000 31,000,000 283,675,549
Org Subtotal 78,276,275 50,399,274 31,000,000 31,000,000 31 ,000,000 31 ,000,000 31,000,000 283,675,549

3010
1004 Drainage Rehab 13,306,648 7,347,988 6,000,000 6,000,000 6,000,000 6,000,000 6,000,000 50,654,636
Org Subtotal 13,306,648 7,347,988 6,000,000 6,000,000 6,000,000 6,000,000 6,000,000 50,654,636

5086
1002 Railroad Crossing Replace 1,454,764 317,500 317,500 317,500 317,500 317,500 317,500 3,359,764
Org Subtotal 1,454,764 317,500 317,500 317,500 317,500 317,500 317,500 3,359,764

DIVISION SUBTOTAL 97,637,654 64,806,546 40,717,500 40,717,500 40,717,500 40,717,500 40,717,500 366,031,700

Stormwater
2753
1023 Land/Prim Water Syst 15,915,907 22,061 ,727 7,100,000 7,100,000 5,750,000 5,750,000 5,750,000 69,427,634
5919 Orio Vista/Vl/estside Manor Flood Mitigation Pr 0 2,506,371 0 0 0 0 0 2,506,371
7586 Orio Vista/Westside Manor Flood Phase 2. 0 7,288,638 0 0 0 0 0 7,288,638
Org Subtotal 15,915,907 31,856,736 7,100,000 7,100,000 5,750,000 5,750,000 5,750,000 79,222,643

3087
1004 Stormwater Rehabilitation 3,235,032 1,458,609 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 10,693,641
1142 Stormwater Rehabilitation 5,195,287 2,524 ,733 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 17,720,020
Org Subtotal 8,430,319 3,983,342 3,200,000 3,200,000 3,200,000 3,200,000 3,200,000 28,41 3,661

• Prior Expenditures is calculated using 3 or 5 years. 40

824
Proposed GIP - by Department / Division Print Date: 01/ 17/2023
FY 2022/23 - FY 2026/27
Proposed Proposed Proposed Proposed Proposed Proposed Total
• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost
5092
1023 Pond Restoration/Rehab 616,136 500,002 500,000 500,000 500,000 500,000 500,000 3,616,138
1142 Pond Restoration/Rehab 3,766,371 2,026,710 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 15,793,081
Org Subtotal 4,382,507 2,526,712 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 19,409,219
7088
7592 Orio Vista Neighborhood 792,557 99.677 0 0 0 0 0 892,234
Org Subtotal 792,557 99,677 0 0 0 0 0 892,234

DIVISION SUBTOTAL 29,521 ,290 38,466,467 12,800,000 12,800,000 11 ,450,000 11,450,000 11,450,000 127,937,757

Traffic
2720
1004 Signal Installation CW 5,680,305 9,658,573 6,000,000 6,000,000 6 ,000,000 6,000,000 6,000,000 45,338 ,878
7535 LAP - Traffic Signal Cabinets Upgrade 180,461 505,638 0 0 0 0 0 686,099
7593 HMGP - Bumby Avenue 172,124 48,361 0 0 0 0 0 220.485
7594 HMGP - Balboa Drive 204,645 44,829 0 0 0 0 0 249.474
7595 HMGP - Gatlin Avenue 201,782 17,026 0 0 0 0 0 218,808
7596 HMGP - Clay Street 241 ,666 1,107 0 0 0 0 0 242,773
7597 HMGP- Edgewater Drive 342 ,739 3,476 0 0 0 0 0 346,215
7598 HMGP - N. Powers Drive 230,367 20,591 0 0 0 0 0 250,958
7599 HMGP- Vi/estmoreland 179,931 540 0 0 0 0 0 180,471
Org Subtotal 7,434,020 10,300,141 6,000,000 6,000,000 6,000,000 6,000,000 6,000,000 47,734,161
2723
1004 Traffic Signal Structure Inspections 275,386 298,844 150,000 150.000 150,000 150,000 150,000 1,324,230
Org Subtotal 275,386 298,844 150,000 150,000 150,000 150,000 150,000 1,324,230
2729
1004 Traffic Calming Program 811 ,519 787,178 500,000 500,000 500,000 500,000 500,000 4,098,697
Org Subtotal 811,519 787,178 500,000 500,000 500,000 500,000 500,000 4,098,697
2739
1002 Traffic Signal Detection System 0 150,000 150,000 150,000 150,000 150,000 150,000 900,000
Org Subtotal 0 150,000 150,000 150,000 150,000 150,000 150,000 900,000

* Prior Expenditures is calculated using 3 or 5 years. 41


825
Proposed CIP - by Department I Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

2741
1246 lnl'I Drive Signal Communicat ions 0 400,000 0 0 0 0 0 400 ,000

Org Subtotal 0 400,000 0 0 0 0 0 400,000

2742
1246 lnl'I Drive Adaptive System 67,275 2,032,725 0 0 0 0 0 2 ,100,000
Org Subtotal 67,275 2,032,725 0 0 0 0 0 2,100,000

2851
1002 ADA Compliance Retrofit 10,112,206 2 ,521,056 2,400,000 2,400,000 2,400,000 2,400,000 2,400,000 24 ,633,262
1318 ADA Compliance Retrofit 0 0 0 0 0 0 0 0
Org Subtotal 10,112,206 2,521 ,056 2,400,000 2,400,000 2,400,000 2,400,000 2,400,000 24,633,262

5088
1002 Roadway Signage Program 416 ,582 370,681 300,000 300,000 300,000 300,000 300,000 2 ,287,263
Org Subtotal 416,582 370,681 300,000 300,000 300,000 300,000 300,000 2,287,263

5133
1004 Speed Radar Sign 510,742 396,438 250,000 250,000 250,000 250,000 250,000 2 ,157,180

Org Subtotal 510,742 396,438 250,000 250,000 250,000 250,000 250,000 2,157,180

51 46
1004 Traffic Signal Preventative Main! 2,734.127 2,421 ,587 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 12,655,714
Org Subtotal 2,734,127 2,421 ,587 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 12,655,714

5150
1004 Upgrade Multi-Lane School Zones 819 ,631 948,199 500,000 500,000 500,000 500,000 500 ,000 4,267,830
Org Subtotal 819,631 948,199 500,000 500,000 500,000 500,000 500,000 4,267,830

5151
1002 Miscellaneous Traffic Safety Projecls 1,143,051 933,205 750,000 750,000 750,000 750,000 750,000 5,826,256

Org Subtotal 1,143,051 933,205 750,000 750,000 750,000 750,000 750,000 5,826,256

5152
1004 Traffic Fiber Asset Management 192,632 207,005 200,000 200,000 200,000 200,000 200,000 1,399,637

Org Subtotal 192,632 207,005 200,000 200,000 200,000 200,000 200,000 1,399,637

• Prior Expenditures is calculated using 3 or 5 years. 42

826
Proposed CIP - by Department / Division Print Date: 01/ 17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

5153
1004 Traffic Signal Cabinet Security 204 ,604 10,000 10,000 10,000 10.000 10,000 10,000 264,604

Org Subtotal 204,604 10,000 10,000 10,000 10,000 10,000 10,000 264,604

5157
1004 Battery Backup for Huts 0 457,872 200,000 200,000 200,000 200,000 200,000 1,457,872

Org Subtotal 0 457,872 200,000 200,000 200,000 200,000 200,000 1,457,872

5158
1004 Quiet Zone Expansion 562,858 575,000 575 ,000 575,000 575,000 575,000 575,000 4 ,012,858

Org Subtotal 562,858 575,000 575,000 575,000 575,000 575,000 575,000 4,012,858

5159
1004 ITS Communication Network Infrastructure 234,601 368,499 250,000 250,000 250,000 250,000 250,000 1,853,100

Org Subtotal 234,601 368,499 250,000 250,000 250,000 250,000 250,000 1,853,100

7089
7591 Lake Underhill Road 188,198 22,338 0 0 0 0 0 210,536

Org Subtotal 188,198 22,338 0 0 0 0 0 210,536

DIVISION SUBTOTAL 25,707,432 23,200,768 13,735,000 13,735,000 13,735,000 13,735,000 13,735,000 117,583,200

DEPARTMENT SUBTOTAL 301,779,354 308,024,24 1 218,163,684 241,729,903 175,092,002 105,847,339 264,222,500 1,614 ,859,023

• Prior Expenditures is calculated using 3 or 5 years. 43

827
Proposed CIP - by Department / Division Print Date: 01 / 17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

Utilities
Other
1409
4420 Customer Info & Billing System 5,217,81 6 4,026,962 3,398,621 1,134,111 1,134,111 1, 137,218 0 16,048,839

Org Subtotal 5,217,816 4,026,962 3,398,621 1,134,111 1,134,11 1 1,137,218 0 16,048,839

1499
4420 MIS Network/v'Vork Order Sys 6,893,124 3,304,882 1,232,726 3,523,004 1,230,504 1,230,341 914,903 18,329,484

Org Subtotal 6,893,124 3,304,882 1,232,726 3,523,004 1,230,504 1,230,341 914,903 18,329,484

1535
4420 GIS Migration 1,019,853 731,370 0 0 0 0 1,071 ,355 2 ,822 ,578

Org Subtotal 1,019,853 731,370 0 0 0 0 1,071,355 2,822,578

1543
4420 Utilities Administration Building lmprov 1,251 ,137 11 8,750 0 0 0 0 110,250 1,480,137

Org Subtotal 1,251,137 118,750 0 0 0 0 110,250 1,480,137

1552
4420 Developer Built Projects 3,013 20,000 21,691 20,000 20,000 20,000 0 104,704

Org Subtotal 3,013 20,000 21,691 20,000 20,000 20,000 0 104,704

1556
4420 Utilities Security Imp 1,047,748 609,951 436,470 93,212 0 0 0 2,187 ,381

Org Subtotal 1,047,748 609,951 436,470 93,212 0 0 0 2,187,381

1558
4420 Eastern Operations Building 2,090,158 23,777,778 19,856,860 0 0 0 0 45,724,796

Org Subtotal 2,090,158 23,777,778 19,856,860 0 0 0 0 45,724,796

1560
4420 Developer Built Projects 3,969 20,000 21 ,495 20,000 20,000 20,000 0 105,464

Org Subtotal 3,969 20,000 21 ,495 20,000 20,000 20,000 0 105,464

1561
4420 Developer Built Projects 2,459,708 670,000 809,493 670,000 670,000 670,000 0 5,949,201

Org Subtotal 2,459,708 670,000 809,493 670,000 670,000 670,000 0 5,949,201

• Prior Expenditures is calculated using 3 or 5 years 44

828
Proposed CIP - by Department / Division Print Date: 01/17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

DIVISION SUBTOTAL 19,986,526 33,279,693 25,777,356 5,460,327 3,074,615 3,077,559 2,096,508 92,752,584

Solid Waste
1061
4410 Porter Modifications 3,603,346 0 2,995 0 0 0 0 3,606,341

Org Subtotal 3,603,346 0 2,995 0 0 0 0 3,606,341

1065
4410 McLeod Rd TS Imp rovements 30,296,717 0 0 0 0 143,553 497,047 30,937,317

Org Subtotal 30,296,717 0 0 0 0 143,553 497,047 30,937,317

1069
4410 Ldfill-Admin Bldg 1,506.447 606,064 1,176,823 138,061 0 0 0 3,427,395

Org Subtotal 1,506,447 606,064 1,176,823 138,061 0 0 0 3,427,395

1083
4410 NW Transfer Station 0 0 0 0 0 802,632 27 ,697,368 28,500,000

Org Subtotal 0 0 0 0 0 802,632 27,697,368 28,500,000

1086
4410 Cell 7B/8 Closure & LT Care 982 ,430 306,006 306.341 307,000 307,000 306,841 1,306,656 3,822 ,274

Org Subtotal 982,430 306,006 306,341 307,000 307,000 306,841 1,306,656 3,822,274

1099
4410 Closure & LT Care Class Ill #1 604 ,721 184,401 195,005 184,500 184,499 185,005 56,865 1,594,996

Org Subtotal 604,721 184,401 195,005 184,500 184,499 185,005 56,865 1,594,996

1106
4410 Class 3 Waste Disposal Cell 2 2,753,682 231 ,249 238,572 231 ,936 231 ,936 232,572 1,21 7,767 5,1 37 ,714

Org Subtotal 2,753,682 231 ,249 238,572 231,936 231,936 232,572 1,217,767 5,137,714

1107
4410 Landfill Cell 11 29,558,041 1.114,685 12,940,000 0 2 ,133,333 18,616,667 2,093,329 66,456,055

Org Subtotal 29,558,041 1,114,685 12,940,000 0 2,133,333 18,616,667 2,093,329 66,456,055

1109
4410 Closure & LT Care Landfill Cells 9-12 1,021 ,878 1,039,585 1,547,005 9,124,772 5,559,772 340,703 1,874,465 20,508,180

Org Subtotal 1,021 ,878 1,039,585 1,547,005 9,124,772 5,559,772 340,703 1,874,465 20,508,180

* Prior Expenditures is calculated using 3 or 5 years. 45

829
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1112
4410 Central Expansion Area 0 0 1,553,333 9,123,335 5,553,335 340,000 65,230,000 81 ,800,003

0 0 1,553,333 9,123,335 5,553,335 340,000 65,230,000 81,800,003


Org Subtotal

70,327,262 3,481,990 17,960,074 19,109,604 13,969,875 20,967,973 99,973,497 245,790,275


DIVISION SUBTOTAL

Water
1448
4420 VI/Ir Dist Mods CW 1,396,201 0 12,000 0 0 0 0 1,408 ,201

1,396,201 0 12,000 0 0 0 0 1,408,201


Org Subtotal

1450
4420 Eastern Water Trans Imp 5,618,71 4 1,698,829 6,440,869 4,631,522 489,535 0 0 18,879,469

5,618,714 1,698,829 6,440,869 4,631,522 489,535 0 0 18,879,469


Org Subtotal

1474
4420 New Meter Installation 9,646,763 2,398,208 2,405,505 2,404,343 2,399,343 2,410,916 5,545,725 27 ,210,803

9,646,763 2,398,208 2,405,505 2,404,343 2,399,343 2,410,916 5,545,725 27,210,803


Org Subtotal

1482
4420 Transportation Related Water 3,318,907 4,974,522 8,872,955 10,646,434 9,743,643 9,640,004 2,557,863 49,754,328

3,31 8,907 4,974,522 8,872,955 10,646,434 9,743,643 9,640,004 2,557,863 49,754,328


Org Subtotal

1498
4420 Southern Reg Wellfield & VI/Ir Pl 4,323,297 3,997,097 2,215,339 3,042,378 1,213,118 4 ,844,751 38,945,124 58,581,104

4,323,297 3,997,097 2,21 5,339 3,042,378 1,213,1 18 4,844,751 38,945,1 24 58,581,1 04


Org Subtotal

1506
4420 Horizons West Transmission Sys 9,868,943 11,127,775 1,090,637 230 ,411 540,000 540,000 6,370,272 29,768,038

9,868,943 11,1 27,775 1,090,637 230,411 540,000 540,000 6,370,272 29,768,038


Org Subtotal

1508
4420 South Water Transmission Imp 19,901 ,393 793,500 4,024,375 0 0 0 0 24,719,268

19,901,393 793,500 4,024,375 0 0 0 0 24,719,268


Org Subtotal

1532
4420 W Reg Water Treat Fae Ph Ill 15,603,657 1,271,054 2,726,801 4 ,214 ,454 4,454,454 3,595,065 96,614,198 128,479,683

15,603,657 1,271,054 2,726,801 4,214,454 4,454,454 3,595,065 96,614,198 128,479,683


Org Subtotal

46
* Prior Expenditures is calculated using 3 or 5 years.
830
Proposed GIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1533
4420 Water Renewal & Replacements 3,898,857 372,065 290,498 419,813 419,813 410,498 486,321 6,297,865

Org Subtotal 3,898,857 372,065 290,498 419,813 419,813 410,498 486,321 6,297,865

1544
4420 Water SCADA & Security Imp 713,305 6,508,665 2,852.228 4,179,982 654,545 0 0 14,908,725
8192 Cypress Lk Wellfield/Oak Meadows AWS DIV[) 0 734,786 0 0 0 0 0 734,786

Org Subtotal 713,305 7,243,451 2,852,228 4,179,982 654,545 0 0 15,643,511

1550
4420 Alternate Regional Water Supply 5,588,072 6,632 ,070 12,547 ,579 11,450,444 18,964,987 9,750,839 152,936,960 217 ,870,951

Org Subtotal 5,588,072 6,632,070 12,547,579 11,450,444 18,964,987 9,750,839 152,936,960 217,870,951

1553
4420 Water Distribution Mods 2 1,651 ,558 818,183 4,067,574 3,737,671 3,000,000 801 ,370 5,403,496 19,479,852
5896 ARPA-WB Wekiwa Springs Phases 2-6 0 500,000 0 0 0 0 0 500.000
8193 wekiwa Spgs Septic Tank Retrofit 10,778 169,223 0 0 0 0 75,000 255,001

Org Subtotal 1,662,336 1,487,406 4,067,574 3,737,671 3,000,000 801 ,370 5,478,496 20,234,853

1554
4420 Eastern Regional Wsf Phase 3 21 ,435,995 8,001 ,300 1,724,220 1,693,106 1,576,578 g,388,337 36,687,287 80,506,823

Org Subtotal 21 ,435,995 8,001 ,300 1,724,220 1,693,106 1,576,578 9,388,337 36,687,287 80,506,823

1557
4420 Southwest Water Supply Facility 24,751 ,720 65,000 183,101 0 0 800,000 25,993.182 51,793,003

Org Subtotal 24,751,720 65,000 183,101 0 0 800,000 25,993,182 51 ,793,003

1575
4420 Water Main Improvements 4,324 299 ,776 300,41 3 300,588 300,588 301,412 303,220 1,810,321

Org Subtotal 4,324 299,776 300,413 300,588 300,588 301 ,412 303,220 1,810,321

1576
4420 Cross Connection Control Backflow Devices 4,683,178 1,467 ,387 1,479,633 1,470,000 1,470,000 1,471 ,562 166,325 12,208,085

Org Subtotal 4,683,178 1,467,387 1,479,633 1,470,000 1,470,000 1,471,562 166,325 12,208,085

8630
5896 ARPA-WB Bithlo Rural Area Water 0 4,454,000 0 0 0 0 0 4,454,000

Org Subtotal 0 4,454,000 0 0 0 0 0 4,454,000

• Prior Expenditures is calculated using 3 or 5 years. 47

831
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

8633
5896 ARPA-WB Frankel Lk Downey Water Main Ext 0 820,000 0 0 0 0 0 820,000

0 820,000 0 0 0 0 0 820,000
Org Subtotal

132,415,662 57,103,440 51 ,233,727 48,421 ,146 45,226,604 43,954,754 372,084,973 750,440,306


DIVISION SUBTOTAL

Water Reclamation
141 1
4420 South Svc Area Effluent Reuse 10,591,765 960,603 1,092,778 2,224,748 2,821 ,000 207,166 1,405,250 19,303,310

10,591,765 960,603 1,092,778 2,224,748 2,821,000 207,166 1,405,250 19,303,310


Org Subtotal

1416
4420 Pump Station Monitors CW 7,131,335 4 ,688,125 4 ,246,853 4,451,384 3,849,671 2,494,388 0 26,861 ,756

7,131,335 4,688,125 4,246,853 4,451,384 3,849,671 2,494,388 0 26,861 ,756


Org Subtotal

1427
4420 Collect Rehab CW 3,529,240 292,882 3,172,121 3,142,192 2,731,113 0 0 12,867,548

Org Subtotal 3,529,240 292,882 3,172,121 3,142,192 2,731,113 0 0 12,867,548

14 32
4420 Transp Reloc WN CW 1,740,4 14 7,740 0 0 0 0 0 1,748,154

1,740,414 7,740 0 0 0 0 0 1,748,154


Org Subtotal

1435
4420 NW Subreg PH Ill 12,139,974 5,696,804 7,876,886 12,525,178 5,225,875 744,507 6,375,377 50,584 ,601

12,139,974 5,696,804 7,876,886 12,525,178 5,225,875 744,507 6,375,377 ,so,584,601


Org Subtotal

1445
4420 SW Orange Effluent Disposal 14,038,156 1,421 ,924 0 0 0 0 0 15,460,080

14,038,156 1,421,924 0 0 0 0 0 15,460,080


Org Subtotal

1469
4420 Iron Bridge lnterlocal Agreement 178,646 99,676 100,019 100,000 100,000 100,274 263 ,847 942,462

178,646 99,676 100,019 100,000 100,000 100,274 263,847 942,462


Org Subtotal

1483
4420 Eastern Wastewater Reuse 18,050,026 3,100,425 2,744,410 3,245,567 1,350,533 2,846,0 10 11 ,992,406 43,329,377

18,050,026 3,100,425 2,744,41 0 3,245,567 1,350,533 2,846,010 11 ,992,406 43,329,377


Org Subtotal

• Prior Expenditures is calcu lated using 3 or 5 years. 48

832
Proposed CIP - by Department / Division Print Date: 01/17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1500
4420 Collections Rehab 21,678,870 2,461 ,867 5,567,34 3 7,972,221 7,370,814 6,577 ,300 5,553,665 57,182,080

21 ,678,870 2,461,867 5,567,343 7,972,221 7,370,814 6,577,300 5,553,665 57,182,080


Org Subtotal

1502
4420 Pumping Rehab II 3,241,033 1,021 ,978 2,608,044 1,913,802 361,793 0 0 9,146,650

Org Subtotal 3,241 ,033 1,021,978 2,608,044 1,913,802 361 ,793 0 0 9,146,650

1503
4420 Pumping Rehab Ill 11 ,919,948 4,672,764 4,945,117 2,135,999 2,351,769 928,823 4,278,324 31 ,232,744

11,919,948 4,672,764 4,945,11 7 2,135,999 2,351 ,769 928,823 4,278,324 31 ,232,744


Org Subtotal

1504
4420 Trans Related Wastewater 8,139,066 7,829,91 4 11,381,957 7,349,937 5,279 ,248 3,791 ,463 4,667,651 48,439,236

8,139,066 7,829,914 11 ,381 ,957 7,349,937 5,279,248 3,791,463 4,667,651 48,439,236


Org Subtotal

1505
4420 Septic Tank Retrofit 4,371,844 10,184,993 8,919,710 9,298,848 10,583,424 6,750,589 73,928,791 124,038,199
5896 ARPA-WB 1/\/kwa Spgs PH 2-6 & Pine Hills Re 0 9,707,500 0 0 0 0 0 9,707 ,500
8163 Wekiwa Springs Septic Tank Retrofit Ph2 390,000 0 0 0 0 0 0 390,000
8193 Wekiwa Spgs Septic Tank Retrofit 783,180 2,336,820 0 0 0 0 0 3,120,000

5,545,024 22,229,313 8,919,710 9,298,848 10,583,424 6,750,589 73,928,791 137,255,699


Org Subtotal

1507
4420 Horizons West wastewater Sys 130,268,505 7,210,253 874,513 60,000 25,000 216,000 7,292,141 145,946,412

Org Subtotal 130,268,505 7,210,253 874,51 3 60,000 25,000 216,000 7,292,141 145,946,412

1509
4420 Southern Wastewater Collect 127,770 845,080 900,321 922,173 1,778,186 1,591 ,526 2,379,062 8,544,118

127,770 845,080 900,321 922,173 1,778,186 1,591 ,526 2,379,062 8,544,118


Org Subtotal

1510
4420 Eastern Wastewater Collect 4,879,161 2,355,505 3,628,459 5,764,835 7,307,108 2,800,189 1,699 ,761 28,435,018

4,879,161 2,355,505 3,628,459 5,764,835 7,307,108 2,800,189 1,699,761 28,435,018


Org Subtotal

1511
4420 Northwest Wastewater Collect 61 ,286 0 0 0 0 0 1,450,000 1,511,286

61 ,286 0 0 0 0 0 1,450,000 1,51 1,286


Org Subtotal

• Prior Expenditures is calculated using 3 or 5 years. 49

833
Proposed CIP - by Department I Division Print Date: 01 /17/2023

FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1536
4420 Capital Reuse Meter Install 3,278,049 899,328 904,113 899,648 899,648 902,11 3 516,134 8,299,033

Org Subtotal 3,278,049 899,328 904,113 899,648 899,648 902,113 516,134 8,299,033

1538
4420 Eastern 11\/tr Reclamation Exp 13,288,578 8,209,678 17,210,858 20,98 1,341 12,565,443 14, 131,794 54,814,896 141 ,202,588

13,288,578 8,209,678 17,210,858 20,981 ,341 12,565,443 14,131,794 54,814,896 141,202,588


Org Subtotal

1539
4420 Force Main Rehab 26,278,213 10,474,420 10,791,076 10, 127,708 7,708,836 10,770,000 7,095,778 83,246,031
5896 ARPA-WB 1/1/kwa Spgs PH 2-6 & Pine Hills Re 0 1,500,000 0 0 0 0 0 1,500,000
8163 Wekiwa Springs Septic Tank Retrofit Ph2 55,000 0 0 0 0 0 0 55,000
8193 Wekiwa Spgs Septic Tank Retrofit 27,356 472,645 0 0 0 0 0 500,001

Org Subtotal 26,360,569 12,447,065 10,791,076 10,127,708 7,708,836 10,770,000 7,095,778 85,301,032

1542
4420 Southwest Svc Area Reuse 2,928,568 3,749,453 1,753,475 7,429,443 8,135,779 5,849,548 4,438,291 34,284,557

Org Subtotal 2,928,568 3,749,453 1,753,475 7,429,443 8,135,779 5,849,548 4,438,291 34,284,557

1555
4420 South WRF Ph V 76,427 ,351 24,504,403 13,388,170 15,816,777 11 ,518,705 16,510,217 58,273,449 216,439,072

76,427,351 24,504,403 13,388,170 15,816,777 11 ,518,705 16,510,217 58,273,449 216,439,072


Org Subtotal

1559
4420 Pumping Rehab IV 30,444,402 13,036,402 9,698,669 9,545,487 11 ,327,374 20,360,227 38,937 ,304 133,349,865
5896 ARPA-WB 1/1/kwa Spgs PH 2-6 & Pine Hills Re 0 1,500,000 0 0 0 0 0 1,500,000
8163 Wekiwa Springs Septic Tank Retrofit Ph2 55,000 0 0 0 0 0 0 55,000
8193 Wekiwa Spgs Septic Tank Retrofit 348,766 151,236 0 0 0 0 0 500,002

Org Subtotal 30,848,168 14,687,638 9,698,669 9,545,487 11 ,327,374 20,360,227 38,937,304 135,404,867

1572
4420 Pump Station Improvements 5,654,164 3,431,951 1,861,435 1,698,760 1,698,760 1,698,882 851 ,364 16,895,316

5,654,164 3,431,951 1,861,435 1,698,760 1,698,760 1,698,882 851,364 16,895,316


Org Subtotal

1573
4420 Reclaimed Main Improvements 153,472 299,776 300,792 299,824 299,824 299,879 300,728 1,954,295

153,472 299,776 300,792 299,824 299,824 299,879 300,728 1,954,295


Org Subtotal

• Prior Expenditures is calculated using 3 or 5 years. 50

834
Proposed CIP - by Department / Division Print Date: 01 /17/2023
FY 2022/23 - FY 2026/27

Proposed Proposed Proposed Proposed Proposed Proposed Total


• Prior Budget Budget Budget Budget Budget Budget Project
Org Fund Project Name Expenditures FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Future Cost

1574
4420 Force Main Improvements 3,004,435 899,533 625,352 625,093 625,093 624,805 127,000 6,531 ,31 1

Org Subtotal 3,004,435 899,533 625,352 625,093 625,093 624,805 127,000 6,531,311

1578
4420 Hamlin water Reclamation Facility 54,817 816,395 1,424 ,561 1,523,002 1,401 ,768 653,899 66,394,782 72,269,224

Org Subtotal 54,817 816,395 1,424,561 1,523,002 1,401,768 653,899 66,394,782 72,269,224

7443
8151 Wastewater Treatment Feasibility Analysis 298,021 201 ,980 0 0 0 0 0 500,001
Org Subtotal 298,021 201 ,980 0 0 0 0 0 500,001

7446
8152 Wekiva Springs Septic Tank Retrofit 550,986 0 0 0 0 0 0 550,986

Org Subtotal 550,986 0 0 0 0 0 0 550,986

DIVISION SUBTOTAL 416,107,397 135,042,053 116,017,032 130,053,967 107,316,764 100,849,599 353,036,001 1,358,422,813

DEPARTMENT SUBTOTAL 638,836,847 228,907,176 210,988,189 203,045,044 169,587,858 168,849,885 827,1 90,979 2,447,405,978

GRAND TOTAL 1,215,964,797 1,189,817,107 728,443,070 595,217,607 481,509,660 360,218,195 1,127,835,721 5,699,006,157

• Prior Expenditures is calculated using 3 or 5 years. 51

835
O~E Interoffice Memorandum

C~ Y
GOVERNMENT DATE: January 24, 2023
f, I, 0 R I D A

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Brett Blackadar, P.E., County Engineer, Public Works Department p-,J

SUBJECT: PETITIO~ TO VACATE PTV-21-04-022 - Angel Anderson

Reason For Vacation

The petitioner wishes to vacate a 7 foot wide utility easement running along the rear
property line of her residential lot located at 44 l 5 Baybreeze Road in the Lakebreeze
Park Subdivision, containing approximately 56.88 square feet. Public interest was
created by the Lakebreeze Park First Addition plat recorded in Plat Book 6, Page 148 of
the public records of Orange County, Florida. A shed was constructed near the rear
property line, which encroaches into the 7 foot wide utility easement. This encroachment
prompted a Code Enforcement action and in order to solve the violation to obtain an
after-the-fact building permit, the petitioner is requesting to vacate the 7 foot wide
easement mentioned above.

Location of Propertv/Legal Description

The property lies south of Lake Breeze Drive and west of N John Young Parkway.
Public interest was created by Plat Book 6, Page 148. The parcel address is 4415
Baybreeze Road , and it lies in District 2.

Statement of No Objection

The Real Estate Management, Engineering, Transportation Planning, Roads and Drainage
and Environmental Protection Divisions have no objection to the request. All utility
providers have signed letters of no objection to this request. The Relationship Disclosure
and Specific Expenditure fonns have been submitted.

Staff Findings

County staff visited the site on January 9. 2023. There appears to be a shed within the
utility easement requested for vacation.

Staff Recommendations

Approval of this request will have no adverse effect on Orange County. Staff has no
objection to this request.

ACTION REQUESTED: APPROVAL OF PTV-21-04-022 - DISTRICT 2

836
PTV # 21-04-022
Angel Anderson

Proposed Vacation D Subject Property -


1 300
l 837
n 2S h
O~ E Interoffice Memorandum

C~ Y
GOVERNMENT DATE: January 24, 2023
fL O R! DA

TO: Mayor Jerry L. Dernings


-AND-
County Commissioners

FROM: Brett Blackadar, P.E., County Engineer, Public Works Department /J-4d
SUBJECT: PETITION TO VACATE PTV-21-10-029 - Phaneendra Ka tta, on
behalf of AK Family Holdings LLC

Reason for Vacation

The petitioner requests that Orange County vacate a 25 foot wide portion of right-of-way
known as Courtland Street, which lies adjacent to the petitioners vacant residential lot,
containing approximately 1,038 square feet. Public interest was created by Official
Records Book 2600, Page 1234. The petitioner wishes to vacate in order to add the land
to his property for future development.

Location of Propertv/Legal Description

The property lies south of Courtland Street and east of Adanson Street. Public interest
was created by Official Records Book 2600, Page 1234, of the public records of Orange
County, Florida. The parcel address is 862 Courtland Street, and it lies in District 5.

Statement of No Objection

The Real Estate Management, Engineering, Transportation Planning, Roads and Drainage
and Environmental Protection Divisions have no objection to the request. All utility
providl:!rs have signed letters of no objection to this request. The Relationship Disclosure
and Specific Expenditure fonns have been submitted .

Staff Findings

County staff visited the site on January 9, 2023. There appears to be no visible
improvements over the right-of-way requested for vacation.

Staff Recommendations

Approval of this request will have no adverse eftect on Orange County. Staff has no
obj ection to this request.

ACTION REQUEST ED: AP PROVAL OF PTV-21-10-029 - DISTRICT 5

838
N
PTV # 21-10-029
Phaneendra Katta , on behalf of
AK Family Holdings, LLC
'. ' @ E
Proposed Vaca tion D Subject Property -
1 200
839
1 f"I 17 h
Interoffice Memorandum
~E
c•Y
GOVERNMENT
FLORID\

DATE: December 30, 2022


TO: Mayor Jerry L. Demings
-AND-
County Commissioners ~
FROM : Tim Boldig , Interim Directo<;:3.)
Planning, Environmental, and Development
Services Department
CONTACT PERSON: Joe Kunkel, P.E., DRC Chairman
Development Review Committee
Public Works Department
(407) 836-7971
SUBJECT: January 24, 2023 - Public Hearing
Applicant: Curtis Gashlin, Kelly, Collins & Gentry, Inc.
Hamlin Planned Development - Unified Neighborhood Plan /
(RW-2) Hamlin SEC Commercial Preliminary Subdivision Plan /
Master Development Plan
Case #CDR-22-02-038
This public hearing is to consider a recommendation from the Development Review
Committee's (DRC) meeting of September 7, 2022, to approve a substantial change to
the Hamlin Planned Development - Unified Neighborhood Plan (PD-UNP) / (RW-2)
Hamlin SEC Commercial Preliminary Subdivision Plan (PSP) / Master Development Plan
(DP), to add Building H-2 and a golf bar within Lot C, and provide details associated with
Building H-2. This plan also splits the Building H envelope to 3 buildings, 1 golf bar, and
2 future kiosks.

In addition, a waiver from Orange County Code Section 38-1390.51 (A) is requested to
allow the fac;ade of building H-2 to be setback a maximum of 97-feet from the property
line along the framework main street "shoreside way" as depicted on sheet C-2 of the
development plan in lieu of the build-to line of 10 (ten) feet from the property line along a
framework main street.
The required Specific Project Expenditure Report and Relationship Disclosure Forms
have been completed in accordance with the requirements of Article X , Chapter 2, Orange
County Code, as may be amended from time to time, and copies of these and the PSP
may be found in the Planning Division for further reference.
ACTION REQUESTED: Make a finding of consistency with the Comprehensive
Plan and approve the Hamlin PD - UNP / (RW-2) Hamlin
SEC Commercial PSP / Master DP dated "November 28,
2022", subject to the conditions listed under the DRC
Recommendation in the Staff Report. District 1

TB/JK/lme
Attachments
840
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

CASE# CDR-22-02-038
Commission District# 1

1. REQUEST

This public hearing is to consider a recommendation from the Development Review


Committee's (DRC) meeting of September 7, 2022 , to approve a substantial change
to the Hamlin Planned Development - Unified Neighborhood Plan (PD-UNP) / (RW-
2) Hamlin SEC Commercial Preliminary Subdivision Plan (PSP) / Master Development
Plan (DP), to add Building H-2 and a golf bar with in Lot C, and provide details
associated with Building H-2. This plan also splits the Building H envelope to 3
buildings, 1 golf bar, and 2 future kiosks.
In addition , a waiver from Orange County Code Section 38-1390.51(A) is requested
to allow the fa9ade of building H-2 to be setback a maximum of 97-feet from the
property line along the framework main street "shoreside way" as depicted on sheet
C-2 of the development plan. in lieu of the build-to line of 10 (ten) feet from the property
line along a framework main street.

2. PROJECT ANALYSIS

A. Location: South of New Independence Parkway/ East of Hamlin Groves


Trail

B. Parcel ID(s): 20-23-27-2713-01 -000, 20-23-27-2713-02-000,


20-23-27-2713-03-000, 20-23-27 -2713-04-000

C. Total Acres: 35.81 gross overall acres

D. Water Supply: Orange County Utilities

E. Sewer System : Orange County Utilities

F. Schools: N/A

G. School Population : NIA

H. Parks: N/A

I. Proposed Use: Mini Golf, Golf Bar, and Kiosks

J. Site Data: Maximum Building Height: 50'


Building Setbacks:
1O' Front
10' Rear
5' Side
5' Side Street

841
DRC Staff Report
Orange County Planning Division
ace Hearing Date: January 24, 2023
K. Fire Station: 34 - 4000 Winter Garden Vineland Road

L. Transportation : Town Center East Boulevard/Hamlin Trail: A Road Network


Agreement for Town Center East was approved by the Board
of County Commissioners on December 6, 2011 and recorded
at OR Book/Page 10306/1364. The Developer has obtained
vested trips for the completion of construction for Hamlin
Groves Trail and New Independence Parkway to four lanes.
Right-of-Way for the road network has been dedicated to the
County.

Town Center East Boulevard/Hamlin Trail: First Amendment


to Town Center East Road Network Agreement ("First
Amendment") between Orange County and SLF IV/Boyd
Horizon West JV, LLC ("Developer") and Orlando Health
Central, Inc. ("Orlando Health") was approved by the Board of
County Commissioners on 7/10/2012 and recorded at ORBK
1041 1/ 0542 for the conveyance of Right-of-Way for the road
network in Town Center. The First Amendment contemplates
that the Orlando Health parcel will be included in the terms of
the original agreement. Under the terms of the First
Amendment, Orlando Health shall receive $22,500 per acre
in Road Impact Fee Credits for the dedication of 2. 11 acre
parcel for Hamlin Trail Right-of-Way for a total of $47,450.00
in road impact fee credits. An additional 2.22 acre area of
Right-of-Way for Porter Road will be donated to Orange
County by Orlando Health at no cost to the County. Developer
has assigned 650 Vested Trips to Orlando Health . Orlando
Health is has the option to complete the Phase 4
improvements. The First Amendment also acknowledges that
Developer has acquired the Gleason Parcel which is now
included in the definition of the Property.

Town Center East Boulevard/Hamlin Trail: The Second


Amendment to Town Center East Road Network Agreement
was approved by Board of County Commissioners on
3/15/2016 and recorded at Doc#20160137843 and adjusts
the performance thresholds needed for vested trips to be
allocated under the terms of the agreement and for the timing
of award of transportation impact fee credits. RAC approved
the Second Amendment on January 6, 2016.

M. EPD: An Orange County Conservation Area Determination CAD-


11 -08-036 was completed that included this site with a
certified survey of the conservation area boundary approved
by the Environmental Protection Division (EPD).

842
2
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
An Orange County Conservation Area Impact (CAI) permit
CAl-15-09-034 approved for this site was modified on
12/31/2020. This plan will comply with all related permit
conditions of approval.

3. COMPREHENSIVE PLAN

The subject property has an underlying Future Land Use Map (FLUM) designation of
Village (V) and is designated as Retail/Wholesale District on the Special Planning
Area (SPA) Map. The subject property is designated PD (Planned Development) on
the Zoning Map, which is consistent with the FLUM Designation .

4. ZONING

PD (Planned Development District) (Hamlin PD-UNP)

5. REQUESTED ACTION:

Approval subject to the following conditions:

1. Development shall conform to the Hamlin Planned Development - Unified


Neighborhood Plan; Orange County Board of County Commissioners (BCC)
approvals; (RW-2) Hamlin SEC Commercial Preliminary Subdivision Plan ; BCC
approvals; Master Development Plan dated "Received November 28, 2022" and
to the conditions of approval listed below. Development based upon this approval
shall comply with all applicable federal , state, and county laws, ordinances, and
regulations , which are incorporated herein by reference , except to the extent any
applicable county laws, ordinances, or regulations are expressly waived or
modified by these conditions, or by action approved by the BCC, or by action of
the BCC.

2. This project shall comply with, adhere to, and not deviate from or otherwise
conflict with any verbal or written promise or representation made by the
applicant (or authorized agent) to the Board of County Commissioners ("Board")
at the public hearing where this development received final approval, where such
promise or representation , whether oral or written, was relied upon by the Board
in approving the development, could have reasonably been expected to have
been relied upon by the Board in approving the development, or could have
reasonably induced or otherwise influenced the Board to approve the
development. In the event any such promise or representation is not complied
with or adhered to, or the project deviates from or otherwise conflicts with such
promise or representation , the County may withhold (or postpone issuance of)
development permits and/ or postpone the recording of (or refuse to record) the
plat for the project. For purposes of this condition, a "promise" or "representation"
shall be deemed to have been made to the Board by the applicant (or authorized
agent) if it was expressly made to the Board at a public hearing where the
development was considered and approved.

843
3
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
3. Pursuant to Section 125.022, Florida Statutes, issuance of this development
permit by the County does not in any way create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County for issuance of the permit, or any other
development order, if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. Pursuant to Section 125.022, the applicant
shall obtain all other applicable state or federal permits before commencement
of development.

4. Developer/ Applicant has a continuing obligation and responsibility from the date
of approval of this development plan to promptly disclose to the County any
changes in ownership, encumbrances, or other matters of record affecting the
property that is subject to the plan, and to resolve any issues that may be
identified by the County as a result of any such changes. Developer/ Applicant
acknowledges and understands that any such changes are solely the
Developer's / Applicant's obligation and responsibility to disclose and resolve ,
and that the Developer's / Applicant's failure to disclose and resolve any such
changes to the satisfaction of the County may result in the County not issuing (or
delaying issuance of) development permits, not recording (or delaying recording
of) a plat for the property, or both.

5. Property that is required to be dedicated or otherwise conveyed to Orange


County (by plat or other means) shall be free and clear of all encumbrances,
except as may be acceptable to County and consistent with the anticipated use.
Owner/ Developer shall provide, at no cost to County, any and all easements
required for approval of a project or necessary for relocation of existing
easements, including any existing facilities , and shall be responsible for the full
costs of any such relocation prior to Orange County's acceptance of the
conveyance. Any encumbrances that are discovered after approval of a PD Land
Use Plan shall be the responsibility of Owner/ Developer to release and relocate ,
at no cost to County, prior to County's acceptance of conveyance. As part of the
review process for construction plan approval(s), any required off-site easements
identified by County must be conveyed to County prior to any such approval , or
at a later date as determined by County. Any failure to comply with this condition
may result in the withholding of development permits and plat approval(s) .

6. Development plan (DP) approval by the DRC (or BCC , as applicable), shall
automatically expire if construction plans are required and have not been
submitted and approved within two (2) years from DP approval; if construction
plans are not required , such DP shall expire two (2) years from approval unless
a building permit has been obtained within such two-year period. The foregoing
notwithstanding, the DRC may, upon good cause shown, grant successive one
(1) year extensions to the expiration date of a DP if the developer makes written
request to the DRC chair prior to the expiration date.

844
4
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
7. The construction of the kiosk roof/ retail pods enclosures and shaded canopy /
public seating areas shall be constructed prior to issuance of the initial certificate
of occupancy, temporary or permanent, for Building H-2 .

8. The construction of the westerly kiosk area, labeled "Future Kiosk Location #1"
on the plan will be constructed prior to issuance of the initial Certificate of
Occupancy, temporary or permanent, for Building Envelope H-1 , labeled as
"Future Building Envelope H-1 #2" on the plan. The construction of the easterly
kiosk area, labeled "Future Kiosk Location #3" on the plan , will occur prior to
issuance of the initial Certificate of Occupancy, temporary or permanent, for
Building J, as labeled "Future Building Envelope #4" on the plan .

9. A waiver from Orange County Code Section 38-1390.51 (A) is granted to allow
the fai;:ade of building H-2 to be setback a maximum of 97-feet from the property
line along the framework main street "shoreside way " as depicted on sheet C-2
of the development plan. in lieu of the build-to line of 1O (ten) feet from the
property line along a framework main street.

10. Except as amended, modified , and / or superseded , the following BCC


Conditions of Approval, dated August 6, 2019, shall apply:

a. As proof of satisfaction of the project's transportation concurrency


obligations, the project must comply with that certain Town Center East
Road Network Agreement recorded at O.R. Book 10306, Page 1364, Public
Records of Orange County, Florida. The developer must provide a valid
Assignment of Vested Trips document together with the applicable
Confirmation Letter issued by Orange County, concurrently with or prior to
plat approval. In addition, any Development Plan must show a legend with
trip allocations by parcel identification number and phase of the
development.

b. Prior to issuance of any certificate of completion , all storm drain inlets shall
have metal medallion inlet markers installed. Text on the marker shall read
"No Dumping , Only Rain in the Drain." Specification detail will be provided
within all plan sets. Contact the National Pollutant Discharge Elimination
System (NPDES) Supervisor at the Orange County Environmental
Protection Division for details.

c. Unless a Conservation Area Impact (CAI) permit is approved by Orange


County consistent with Orange County Code Chapter 15, Article X,
"Wetland Conservation Areas", no conservation area or buffer
encroachments shall be permitted . Approval of this plan does not authorize
any direct or indirect conservation area impacts.

d. Prior to commencement of any earth work or construction , if one acre or


more of land will be disturbed , the developer shall provide a copy of the
completed National Pollutant Discharge Elimination System (NPDES)
Notice of Intent (NOi) form for stormwater discharge from construction
845
5
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
activities to the Orange County Environmental Protection Division , NPDES
Administrator. The original NOi form shall be sent to the Florida Department
of Environmental Protection by the developer.

e. The site shall be stabilized following grubbing , clearing , earth work or mass
grading to establish a dense stand of grass, or shall incorporate other
approved Best Management Practices, on all disturbed areas if
development does not begin within 7 days. Final stabilization shall achieve
a minimum of seventy percent (70%) coverage of the disturbed land area
and shall include a maintenance program to ensure minimum coverage
survival and overall site stabilization until site development. Prior to clearing
or grubbing , or approval of mass grading or constructions plans a letter of
credit or cash escrow acceptable to the County shall be submitted to
guarantee the required site stabilization and maintenance of all disturbed
areas. The County Engineer shall establish the amount of the letter of credit
or cash escrow.

f. Approval of this plan does not constitute approval of a permit for the
construction of a boat dock, boardwalk, observation pier, fishing pier,
community pier or other similar permanently fixed or floating structures . Any
person desiring to construct any of these structures shall apply to the
Orange County Environmental Protection Division, as specified in Orange
County Code Chapter 15 Environmental Control , Article IX Dock
Construction, prior to installation, for an Orange County Dock Construction
Permit, as well as to any other Orange County Division(s) for any other
applicable permits.

g. Prior to construction plan submittal, the applicant shall submit a Master


Utility Plan (MUP) for the DP, including hydraulically dependent parcels
outside the DP boundaries; such MUP shall include supporting calcu lations
showing that the DP-level MUP is consistent with the approved and up-to-
date MUP for the Horizon West Town Center, or shall include an update to
the Horizon West Town Center MUP to incorporate any revis ions. The
MUP(s) must be approved prior to construction plan approval.

h. Outside sales , storage, and display shall be prohibited, except as otherwise


approved by the Board of County Commissioners.

i. Approval of this DP constitutes a lot split approval. Applicant shall submit to


Orange County Property Appra iser for new parcel number prior to
submitting for building permits.

J. Signage shall comply with the approved Master Sign Plan.

k. Prior to construction plan approval, documentation with supporting


calculations shall be submitted which certifies that the existing drainage
system and pond have the capacity to accommodate this development and

846
6
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
that this project is consistent with the approved master drainage plan (MOP)
for this PD.

I. Prior to construction plan approval, documentation must be provided


certifying that this project has the legal right to tie into the master drainage
system.

m. A current Phase One Environmental Site Assessment (ESA) and current


title opinion shall be submitted to the County for review as part of any
Construction Plan submittal and must be approved prior to Construction
Plan approval for any streets and/or tracts anticipated to be dedicated to the
County and/or to the perpetual use of the public.

n. Construction plans within this DP shall be consistent with approved and up-
to-date Master Utility Plans (MUPs) for the DP and the Horizon West Town
Center. MUP updates shall be submitted to Orange County Utilities at least
thirty (30) days prior to the corresponding construction plan submittal. The
updated MUPs must be approved prior to construction plan approval.

o. A waiver from Orange County Code Section 38-1476 and 38-1478 is


granted to allow shared parking per the shared parking analysis allowing
4.53 spaces per 1,000 square feet [per Section 38-1390.52(b) and Section
38-1389(d)(4)(f)], in lieu of 5 spaces per 1,000 square feet.

p. A waiver from Orange County Code Section 38-1390.48(b) & (c) is granted
to allow 1.00 Floor Area Ratio (FAR) in the Retail/ Wholesale District (RW)
and Corporate Campus Mixed Use District (CCM) within the Hamlin PD , in
lieu of a maximum 0.40 FAR.

847
7
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

Zoning Map

~ Subject Property * Subject Property

Zoning Map

ZONING: PD (Planned Development District)

APPLICANT: Curtis Gashlin,


Kelly, Collins & Gentry , Inc.

LOCATION: East of Hamlin Groves Trail /


South of New Independence Parkway

TRACT SIZE: 19.93 acres (affected parcel

DISTRICT: #1

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850
Interoffice Memorandum

F I. 0 R I D A

DATE: January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Tim Boldig, Interim Direc~


Planning , Environmental and Development
Services Department

CONTACT PERSON : Joe Kunkel, P.E., DRC Chairman


Development Review Committee
Public Work.s Department
(407) 836-7971

SUBJECT: January 24, 2023 - Public Hearing


Peter Traficante, Kimley-Horn & Associates
Trails Neighborhood Retail Center Planned Development
Case# CDR-22-09-293 I District 5

The Trails Neighborhood Retail Center Planned Development (PD) is located at 3016 N
Alafaya Trail. The existing PD development program allows for 91 ,000 square feet of C-
1 (Retail Commercial District) uses, with certain uses restricted.

Through this PD substantial change, the applicant is seeking to add the C-2 (General
Commercial District) uses to the list of permitted uses including animal shelters and
boarding kennels with no outdoor runs; Landscaping and irrigation businesses; T.V.
Studios; Wholesale distribution of durable and nondurable goods; Wholesale bakeries;
Wholesale florists ; Caterers; and Indoor auctions.

On December 7, 2022, the Development Review Committee (DRC) recommended


approval of the request, subject to conditions. A community meeting was not required for
this request.

Finally, the required Specific Project Expenditure Report and Relationship Disclosure
Forms have been completed in accordance with the requirements of Article X, Chapter 2,
Orange County Code, as may be amended from time to time, and copies of these and
the PD/LUP may be found in the Planning Division for further reference.

851
January 24 , 2023 - Public Hearing
Peter Traficante, Kimley-Horn & Associates
Trails Neighborhood Retail Center PD / Case# CDR-22-09-293/ District 5
Pa e 2 of 2

ACTION REQUESTED: Make a finding of consistency with the Comprehensive


Plan (CP) and approve the substantial change to the
Trails Neighborhood Retail Center Planned Development
/ Land Use Plan (PD/LUP) dated "Received November 8,
2022", subject to the conditions listed under the DRC
Recommendation in the Staff Report. District 5

Attachmen ts
TB/NT/J K

852
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

CASE # CDR-22-09-293
Commission District: # 5

GENERAL INFORMATION

APPLICANT Peter Traficante , Kimley-Horn & Associates

OWNER MSF Alafaya, LLC

PROJECT NAME Trails Neighborhood Retail Center Planned Development

PARCEL ID NUMBER(S) 10-22-31-0000-00-015


10-22-31 -0000-00-028

TRACT SIZE 5.85 gross acres (affected parcel only)

LOCATION Generally located at 3016 N Alafaya Trail

REQUEST A PD substantial change to add certain C-2 (General Commercia l


District) uses to the list of permitted uses.

PUBLIC NOTIFICATION A notification area extending beyond seven hundred (700) feet
was used for this application [Chapter 30-40(c)(3a) of the Orange
County Code requires 300 feet]. One hundred ninety five ( 195)
notices were mailed to those property owners in the notification
buffer area. A community meeting was not required for this
application.

IMPACT ANALYSIS

Special Information
The Trails Neighborhood Retail Center PD was originally approved in 1999 and is
currently entitled for 91,000 sf of C-1 (Retail Commercial District) uses, with certain uses
restricted. Through this PD Change Determination Request (CDR) , the applicant is
seeking to add the C-2 (General Commercial District) uses to the list of permitted uses:

• Animal shelters, boarding kennels, animal points , training or animals with no outdoor
runs or outdoor compounds;
• Washing & Packaging of fruit and vegetables;
• Landscaping and irrigation business, lawn care, tree service;
• TV. Studios (excluding towers) ;
• Satellite Dish Services;
• Wholesale distribution of durable and nondurable goods;
• Wholesale bakeries;
• Wholesale florists ;
• Caterers;
• Indoor auctions ;

853
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
• Music video production , audio-visual motion picture program production , commercial
T.V. production .

Through this PD substantial change , the applicant is seeking to add certa in C-2 (General
Commercial District) uses to the list of permitted uses.

Land Use Compatibility


The proposed PD substantial change would not adversely impact any adjacent
properties or result in an incompatible land use pattern.

Comprehensive Plan (CP) Consistency


The subject property has an underlying Future Land Use Map (FLUM) designation of
Planned Development Commercial (PDC). The subject property is designated PD
(Planned Development District) on the zoning map, which is consistent with the FLUM
designation . The proposed Change Determ ination Request (CDR) is consistent with the
designation and all applicable CP provisions; therefore, a CP amendment is not
necessary.

Overlay Ordinance
The subject property is not located within an Overlay District.

Rural Settlement
The subject property is not located within a Rural Settlement.

Joint Planning Area (JPA)


The subject property is located within the UCF Study Area.

Environmental
Environmental Protection Division (EPD) staff has reviewed the proposed request and
did not identify any issues or concerns .

Transportation Planning
Transportation Planning staff has reviewed the proposed request and did not identify
any issues or concerns.

Community Meeting Summary


A community meeting was not required for this request.

Schools
Orange County Public Schools (OCPS) reviewed the request and determined that it will
not impact public school capacity.

Parks and Recreation


Orange County Parks and Recreation staff reviewed the Change Determination Request
and did not identify any issues or concerns.

Specific Project Expenditure Report and Relationship Disclosure Forms


The original Specific Project Expenditure Report and Relationship Disclosure Form are
currently on file with the Planning Division.

2
854
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

ACTION REQUESTED

Development Review Committee (DRC) Recommendation - (December 7, 2022)

Make a finding of consistency with the Comprehensive Plan and recommend


APPROVAL of the Trails Neighborhood Retail Center Planned Development dated
"November 8, 2022", subject to the following conditions:

1. Development shall conform to the Trails Neighborhood Retail Center Planned


Development dated "Received November 8, 2022," and shall comply with all
applicable federal, state, and county laws, ordinances, and regulations, except to
the extent that any applicable county laws, ordinances, or regulations are expressly
waived or modified by any of these conditions. Accordingly , the PD may be
developed in accordance with the uses, densities, and intensities described in such
Land Use Plan, subject to those uses, densities, and intensities conform ing with the
restrictions and requirements found in the conditions of approval and complying with
all applicable federal, state, and county laws, ordinances, and regulations, except to
the extent that any applicable county laws, ordinances, or regulations are expressly
waived or modified by any of these conditions . If the development is unable to
achieve or obtain desired uses, densities, or intensities, the County is not under any
obligation to grant any waivers or modifications to enable the developer to achieve
or obtain those desired uses, densities, or intensities. In the event of a conflict or
inconsistency between a condition of approval and the land use plan dated
"Received November 8, 2022," the condition of approval shall control to the extent
of such conflict or inconsistency.

2. 2. This project shall comply with, adhere to , and not deviate from or otherwise
conflict with any verbal or written promise or representation made by the applicant
(or authorized agent) to the Board of County Commissioners ("Board") at the public
hearing where this development received final approval, where such promise or
representation, whether oral or written, was relied upon by the Board in approving
the development, could have reasonably been expected to have been rel ied upon
by the Board in approving the development, or could have reasonably induced or
otherwise influenced the Board to approve the development. In the event any such
promise or representation is not complied with or adhered to, or the project deviates
from or otherwise conflicts with such promise or representation, the County may
withhold (or postpone issuance of) development permits and / or postpone the
recording of (or refuse to record) the plat for the project. For purposes of this
condition, a "promise" or "representation" shall be deemed to have been made to
the Board by the appl icant (or authorized agent) if it was expressly made to the Board
at a public hearing where the development was considered and approved.

3. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit


by the County does not in any way create any rights on the part of the applicant to
obtain a permit from a state or federal agency and does not create any liability on
the part of the County for issuance of the permit, or any other development order, if
the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a
state or federal agency or undertakes actions that result in a violation of state or

3
855
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
federal law. Pursuant to Section 125.022, the applicant shall obtain all other
appl icable state or federal permits before commencement of development.

4. Developer/ Applicant has a continuing obligation and responsibility from the date of
approval of this land use plan to promptly disclose to the County any changes in
ownership, encumbrances, or other matters of record affecting the property that is
subject to the plan, and to resolve any issues that may be identified by the County
as a result of any such changes. Developer / Applicant acknowledges and
understands that any such changes are solely the Developer's / Applicant's
obligation and responsibility to disclose and resolve, and that the Developer's /
Applicant's failure to disclose and resolve any such changes to the satisfaction of
the County may result in the County not issuing (or delaying issuance of)
development permits, not recording (or delaying recording of) a plat for the property,
or both.

5. Property that is requ ired to be dediGated or otherwise conveyed to Orange County


(by plat or other means) shall be free and clear of all encumbrances, except as may
be acceptable to County and consistent with the anticipated use. Owner / Developer
shall provide, at no cost to County, any and all easements required for approval of a
project or necessary for relocation of existing easements, including any existing
facilities , and shall be responsible for the full costs of any such relocation prior to
Orange County's acceptance of the conveyance. Any encumbran ces that are
discovered after approval of a PD Land Use Plan shall be the responsibility of Owner
/ Developer to release and relocate , at no cost to County, prior to County's
acceptance of conveyance. As part of the review process for construction plan
approval(s), any required off-site easements identified by County must be conveyed
to County prior to any such approval, or at a later date as determined by County.
Any failure to comply with this condition may result in the withholding of development
permits and plat approval(s).

6. Unless the property is otherwise vested or exempt, the applicant must apply for and
obtain a capacity encumbrance letter prior to construction plan submittal and must
apply for and obtain a capacity reservation certificate prior to approval of the plat.
Nothing in this condition, and nothing in the decision to approve this land use plan,
shall be construed as a guarantee that the applicant will be able to satisfy the
requirements for obtaining a capacity encumbrance letter or a capacity reservation
certificate.

7. The developer shall obtain water and wastewater service from Orange County
Utilities subject to County rate resolutions and ordinances.

8. Prior to construction plan approval, hydraulic calculations shall be submitted to


Orange County Utilities demonstrating that proposed and existing water and
wastewater systems have been designed to support all development (including
hydraulically dependent development) within the PD.

9. Pole signs and billboards shall be prohibited. All other signage shall comply with
Chapter 31.5 of the Orange County Code.

1O. Outside sales, storage, and display shall be prohibited

4
856
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023
11. 11 . Prior to construction plan approval, a master stormwater management plan
including a drainage study to establish the 100-year flood elevations shall be
submitted to the Development Engineering Division for review and approval.

12. Except as amended, modified, and / or superseded, the following BCC Conditions
of Approval , dated April 16, 2002, shall apply:

a. Buildings will be a maximum of 35 feet in height and one-story within 200


feet of the western property line and can be up to 50 feet and four stories
beyond 200 feet from the western property line.

b. In addition to the six-foot masonry wall, berm , and landscaping, the


development plan will preserve existing healthy trees, which are located
within 15 feet of the western property line.

13. Except as amended, modified, and / or superseded, the following BCC


Conditions of Approval, dated June 15, 1999, shall apply:

a. A five-foot-wide (5') sidewalk shall be provided along the north side of


Lokanotosa Trail.

b. A waiver of Section 38-1272(3), Orange County Code, to allow a ten-foot


(1 O') setback to the north Planned Development perimeter in lieu of 25
feet is approved .

c. There shall be no more than four (4) certificates of occupancy for any
single building located on the subject property.

d. Auto-part stores shall be prohibited.

e. A six-foot (6') masonry wall shall be constructed along the southern


portion of the property boundary to the project entrance on Lokanotosa
Trail.

f. The 15-foot buffer along the western property line shall be landscaped
with trees.

g. Lighting shall be shrouded to minimize the impact to the adjacent


residential areas.

PREVIOUS BOARD OF COUNTY COMMISSIONERS ACTION (April 16, 2002-


continued to May 7, 2022)
Upon a motion by Commissioner Edwards, seconded by Commissioner Hoenstine, and carried
by 5-0, the Board approved the request to increase the maximum building height from 35 feet
to 50 feet and increase the retail square footage from 75,000 feet to 91 ,000 feet ; which
constitutes a substantial change to the Trails Neighborhood Retail Center Planned
Development/Land Use Plan Development/Land Use Plan (PD/LUP).

5
857
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023


j

'..
0 550 1,100
~ Subject Property - - - - -c=c=c=c=:::::i Feet

6
858
DRC Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

Future Land Use Map


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862
O~E Interoffice Memorandum

C~Y
GOVERNMENT
P L O H' I ll A

DATE: December 29, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Tim Boldig, Interim Direc~


Planning , Environmental and Development
Services Department

CONTACT PERSON: Jason H. Sorensen, AICP


Chief Planner
Orange County Planning Division
(407) 836-5602

SUBJECT: January 24, 2023 - Public Hearing


Planning and Zoning Commission: Board-Called Rezoning
Applicant: Mark Shukwit
Case# RZ-22-10-106

This is a Board-called rezoning hearing in which the applicant is seeking to rezone 1.22
acres from C-2 (General Commercial District) and C-1 (Retail Commercial District) to C-
2 Restricted (General Commercial District) in order to allow for vehicle storage and
parking at the subject property located at 7210 Edgewater Drive which is generally
located on the southwest corner of Edgewater Drive and Mott Avenue.

On October 20, 2022, the Planning and Zoning Commission (PZC) recommended
approval of the request, subject to six restrictions. A community meeting was not requ ired
for this application.

Finally, the required Specific Project Expenditure Report and Relationship Disclosure
Forms have been completed in accordance with the requirements of Article X, Chapter 2,
Orange County Code, as may be amended from time to time, and copies of these may
be found in the Planning Division for further reference.

ACTION REQUESTED: Make a finding of consistency with the Comprehensive


Plan (CP) and approve the requested C-2 Restricted
(General Commercial District) zoning subject to the
restrictions listed unde•r the PZC Recommendation in the
Staff Report. District 2
Attachments
TB/JHS

863
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023
PZC Recommendation Staff Report
Commission District: # 2

GENERAL INFORMATION

APPLICANT: Mark Shukwit

OWNER: 7210 Edgewater Dr, LLC

HEARING TYPE: Board-Called Rezoning

REQUEST: C-2 (General Commercial District) and


C-1 (Retail Commercial District) to
C-2 Restricted (General Commercial District)

LOCATION: 7210 Edgewater Dr; generally located on the southwest


corner of Edgewater Drive and Mott Avenue.

PARCEL ID NUMBER: 32-21-29-0000-00-069

SIZE/ ACREAGE: 1.22 gross acres

PUBLIC NOTIFICATION: · The notification area for this public hearing was 500 feet
[Chapter 30-40(c)(3a) of the Orange County Code
requires 300 feet]. One hundred forty-one ( 141) notices
were mailed to those property owners in the surrounding
area.

COMMUNITY MEETING: A community meeting was not required for this


application.

PROPOSED USE: Vehicle storage and parking

STAFF RECOMMENDATION

PLANNING

Make a finding of consistency with the Comprehensive Plan and recommend


Approval of the requested C-2 Restricted (General Commercial District) zoning,
subject to the following restrictions:

1) New billboards and pole signs shall be prohibited;

2) The applicant/ developer shall submit a site plan to demonstrate compliance with
all Orange County Code requirements (including landscaping and paved
surfaces) prior to the accommodation of any non-residential uses;

PZC Staff Report Book

864
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

3) Vehicular access and exit shall be the minimum required for ingress and egress
and only permitted from Mott Avenue. Vehicular access from Edgewater Drive
shall be prohibited except as needed for emergency vehicles;

4) A six (6) foot fence shall be constructed along the southern property line;

5) Parking and storage of vehicles shall be on-site only. Parking and storage of
vehicles off-site shall be prohibited; and

6) Uses shall be limited to C-1 uses, plus the C-2 use of vehicle parking and storage.
Material and equipment storage shall be prohibited.

SUBJECT PROPERTY ANALYSIS

Overview
Through this request, the applicant is seeking to rezone the eastern part of subject
property from C-1 (Retail Commercial District) to C-2 (General Commercial District) to
allow for vehicle storage and parking.

The subject property is split zoned with the C-2 and C-1 zoning districts and is currently
used for car sales and storage. The C-1 zoning portion does not allow for vehicle storage
and parking. Currently, there are several code violations: all parking not being
maintained on the parcel, tow truck unloading vehicles on sidewalk, site development
without permit/RV storage (office trailer) . The proposed restrictions intend to fix most of
these violations.

The area surrounding the subject property is characterized by commercial activity. The
Edgewater Drive corridor is developed with a mixture of commercial properties of varying
intensities as well as single-family residential neighborhoods.

Land Use Compatibility


The C-2 (General Commercial District) zoning would allow for development that is
compatible with the character of the surrounding area and would not adversely impact
adjacent properties.

Site Analysis

Rural Settlement
The subject property is not located within a Rural Settlement

Joint Planning Area (JPA)


The subject property is not located in a JPA.

Overlay District Ordinance


The subject property is not located within an Overlay District.

Page# 2
865
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

Airport Noise Zone


The subject property is not located in an Airport Noise Zone.

Code Enforcement
Parcel ID: 32-21-29-0000-00-069
Incident#: 601641 /Case#: SM-2022-461851Z
Inspector: Jose Ortiz
Description: Site development without permiURV storage(office trailer), all parking
not being maintained on their parcel, tow truck unloading vehicles on sidewalk.

Comprehensive Plan (CP) Consistency


The underlying CP Future Land Use Map (FLUM) designation of the subject property is
Commercial (C). The proposed C-2 (General Commercial District) zoning is consistent
with the Commercial FLUM designation, therefore a CP amendment is not necessary.
The proposed request is consistent with the following Comprehensive Plan provisions:

FLU1 .4.2 states that Orange County shall ensure that land uses changes are compatible
with and serve existing neighborhoods.

FLU1 .4.4 states that the disruption of residential areas by poorly located and designed
commercial activities shall be avoided.

FLU8.1.1 states that the zoning and future land use correlation shall be used to
determine consistency with the Future Land Use Map. Land use compatibility, the
location, availability and capacity of services and facilities, market demand, and
environmental features shall also be used in determining which specific zoning district
is most appropriate. Density is restricted to the maximum and minimum allowed by the
Future Land Use Map designation regardless of zoning .

OBJ FLU8.2 states that compatibility will continue to be the fundamental consideration
in all land use and zoning decisions.

FLU8.2.1 states that land use changes shall be required to be compatible with existing
development and development trend in the area. Performance restrictions and/or
conditions may be placed on property through the appropriate development order to
ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use
Map change.

FLU8.2.2 states that continuous stretches of similar housing types and density of units
shall be avoided. A diverse mix of uses and housing types shall be promoted.

H1 .3.8 states that in order to stabilize and improve existing neighborhoods, Orange
County shall continue to support compatible infill development in existing neighborhoods
where infrastructure already exists.

FLU8.2.11 states that compatibility may not necessarily be determined to be a land use
that is identical to those uses that surround it. Other factors may be considered, such
as the design attributes of the project, its urban form , the physical integration of a project
and its function in the broader community, as well its contribution toward the Goals and

Page# 3
866
Rezoning Staff Report
Case # RZ-22-10-106
BCC Hearing Date: January 24, 2023

Objectives in the CP. The CP shall specifically allow for such a balance of
considerations to occur.

SITE DATA

Existing Use Vehicle storage and parking

Adjacent Zoning N: C-2 (General Commercial District) (1987)


E: C-2 (General Commercial District) ( 1981)
W: C-3 (Wholesale Commercial District) (1994)
S: C-3 (Wholesale Commercial District) ( 1981)
Restricted to a 50-ft. setback on East property line and on South
property line of Lot 5

Adjacent Land Uses N: Plumbing Service


E: Automobile sales
W: Office
S: Rail road

C-2 (General Commercial District) Development Standards


Min. Lot Area : 8,000 sq. ft.
Min. Lot Width: 100 ft. (on major streets, see Article XV)
80 ft. (on all other streets)
Max. Height: 50 ft. (35 ft. within 100 ft. of residential)
Min. Floor Area: 500 sq. ft.

Building Setbacks
Front: 25 ft.
Rear: 15 ft. (20 ft. when abutting residential)
Side: 5 ft. (25 ft. when abutting residential)

• These regulations may not reflect the actual requirements for all situations; see the Orange County Zoning Code for
actual regulations for site requirements for this zoning district.

Intent, Purpose, and Uses


The intent and purpose of the C-2 zoning district is to provide for the retailing of
commodities and the furnishing of several major services, selected trade shops and
automotive repairs. This district is encouraged at locations along minor arterial and
major arterial roads where general commercial uses would be compatible with the
surrounding neighborhood, yet not adjacent to residential uses. This district typically
occupies an area larger than that of the retail commercial district, serves a considerably
greater population, and offers a wider range of services. This district is only promoted
within the urban service area where uses of this intensity have already been established.

Page# 4
867
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

Specific uses shall be identified by the letter "P" in the use table set forth in Section 38-
77 of the Orange County Code and include new and used automobile sales; car rental
and leasing; auto painting and body shops; special trade contractors' offices (storage,
equipment yards, and offices with outdoor storage); automobile parking lots and parking
garages; outdoor storage and display of equipment, products, and merchandise;
landscaping and irrigation businesses; commercial kennels; caterers; etc.

SPECIAL INFORMATION

Staff Comments

Environmental
Wekiva Study Area - This site is located within the Wekiva Study Area, as
established by the Wekiva Parkway and Protection Act, Section 369.316 F.S.
Additional environmental regulations apply, but are not limited to: septic tank criteria,
open space, stormwater treatment and conservation, and increased buffer widths.
Reference OC Code Chapter 15 Environmental Control, Article XIII Wekiva River
Protection.

Wekiva Priority Focus Area - This site is located within the Wekiva Priority Focus
Area. If a septic system is required , the Springs and Aquifer Protection Act (section
373.811 (2) F.S.) requires advanced treatment of Onsite Sewage Treatment and
Disposal System (OSTDS) loads in the Wekiwa Spring and Rock Springs Basin
Management Plan (BMAP) of June 2018. Per this requirement, lots less than one
acre within the Priority Focus Area must comply with the OSTDS Remediation Plan
that requires systems with nitrogen reducing enhancements within the BMAP.
Contact the Florida Department of Health (FDOH) for details of advanced septic
treatment system requirements.

Solid Waste Disposal - Any miscellaneous garbage, hazardous waste, yard waste
(including excess fertilizers, herbicides and pesticides), and construction or
demolition debris shall be disposed of off-site according to the solid waste and
hazardous waste regulations. Recycling of materials is encouraged if applicable. Call
the Orange County Solid Waste Hotline at 407-836-6601 for information.

Transportation / Access
Based on the Concurrency Management database (CMS) dated 09/14/2022,
capacity exists within the project's impact area. A Capacity Encumbrance Letter
(CEL) application will be required prior to permit approval and a traffic study may be
required prior to building permit approval.

Schools
Orange County Public Schools (OCPS) did not comment on this case, as it does not
involve an increase in residential units or density.

Community Meeting Summary


A community meeting was not required for this request.

Page# 5
868
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

Utilities
Water: Orange County Utilities

Wastewater: Orange County Utilities

Recla im Water: Orange County Utilities

Detailed Utility Information:


This property is within Orange County Utilities Water, Wastewater, and Reclaimed Water
Service Areas . In accordance with Orange County Code Chapter 37:

Potable Water: Development within this property will be required to connect to Orange
County Utilities Water system. The connection points will be assessed during Final
Engineering/Construction Plan permitting.

Wastewater: Development within this property will be required to connect to Orange


County Utilities wastewater system. The connection points will be assessed during Final
Engineering/Construction Plan permitting.

Reclaimed water: There are no reclaimed water mains within the vicinity of this property.
Reclaimed water is considered not available. Connection is not required .

State of Florida Notice


Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the
County does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the County for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all
other applicable state or federal permits before commencement of development.

Specific Project Expenditure Report and Relationship Disclosure Form


The original Specific Project Expenditure Report and Relationship Disclosure Form are
currently on file with the Planning Division.

Page #6
869
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

ACTION REQUESTED

Planning and Zoning Commission (PZC) Recommendation - (October 20, 2022)

Make a finding of consistency with the Comprehensive Plan and recommend


APPROVAL of the requested C-2 Restricted (General Commercial District) zoning
subject to the following restrictions:

1. New billboards and pole signs shall be prohibited;

2. The applicant/ developer shall submit a site plan to demonstrate compliance with
all Orange County Code requirements (including landscaping and paved surfaces)
prior to the accommodation of any non-residential uses;

3. Vehicular access and exit shall be the minimum required for ingress and egress and
only permitted from Mott Avenue. Vehicular access from Edgewater Drive shall be
prohibited except as needed for emergency vehicles;

4. A six (6) foot fence shall be constructed along the southern property line;

5. Parking and storage of vehicles shall be on-site only. Parking and storage of
vehicles off-site shall be prohibited; and

6. Uses shall be limited to C-1 uses, plus the C-2 use of vehicle parking and storage.
Material and equipment storage shall be prohibited.

PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS

The staff report was presented to the PZC with the recommendation that they make a
finding of consistency with the Comprehensive Plan and recommend APPROVAL of the
requested C-2 Restricted (General Commercial District) zoning. The applicant was present
and agreed with the staff recommendation. Zero members of the public appeared during
the public comment portion of the hearing.

Staff indicated that one hundred and forty-one (141) notices were sent to property owners
and residents in a 500 foot radius surrounding the property, and that staff had received zero
(0) responses in favor, and zero (0) responses in opposition of the request.

A motion was made by Commissioner Wiggins, and seconded by Commissioner Abdallah


to recommend APPROVAL of the requested C-2 Restricted (General Commercial District)
zoning subject to six restrictions. The motion carried unanimously.

Motion / Second George Wiggins I Mohammed Abdallah

Voting in Favor George Wiggins, Trevor Sorbo, Mohammed Abdallah,


Gordon Spears, Nelson Pena, JaJa Wade, and Evelyn
Cardenas

Page # 7
870
Rezoning Staff Report
Case # RZ-22-10-106
BCC Hearing Date: January 24, 2023

Voting in Opposition None

Absent Walter Pavon and Eddie Fernandez

Page# 8
871
Rezoning Staff Report
Case # RZ-22-10-106
BCC Hearing Date: January 24, 2023

RZ-22-10-106

C Subject Property 1 inch = 167 feet

Page# 9
872
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

FUTURE LAND USE - CURRENT


C (Commercial)
LDR
LDR

0 270 540
Feet CJ Subject Property
ZONING - CURRENT
C-2 (General Commercial District) and C-1 (Retail Commercial District)

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Page# 10
873
Rezoning Staff Report
Case# RZ-22-10-106
BCC Hearing Date: January 24, 2023

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875
O~E Interoffice Memorandum

c!Jfty
GOVERNMENT
PLOR I D 1\

DATE: December 29, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~

THROUGH: Tim Boldig, Interim Director


Planning, Environmental, and Development Services Department

FROM: Alberto A. Vargas , MArch., Manager, Planning Division

SUBJECT: Appeal Public Hearing - January 24, 2023, Small-Scale Future Land Use
Map Amendment and Concurrent Rezoning Request
Applicant: Alison Yurko
Appellant: Maria Hamilton
SS-22-04-030 and RZ-22-04-031

Please find the attached staff report and associated back-up material for the Small-Scale
Future Land Use Map Amendment scheduled for a Board adoption public hearing on
January 24, 2023.

The subject property is located at 8236 Conroy Windermere Road in the West
Windermere Rural Settlement. The request is to change the Future Land Use Map
designation from Rural Settlement 1/1 (RS 1/1) to Office (0) Rural Settlement (RS); and,
to change the zoning from R-CE (Country Estate District) to P-O Restricted (Professional
Office District) in order to allow for a vet clinic without outdoor runs.

Two community meetings were held for this request on August 11 , 2022, with 33 residents
in attendance and November 1, 2022, with 24 residents in attendance. The residents
were unanimous in their opposition to the request stating concerns for noise,
compatibility, and access.

The adoption public hearing for Small-Scale Development Amendment SS-22-04-030


(and concurrent rezoning RZ-22-04-031) was conducted before the Planning and Zoning
Commission/ Local Planning Agency on November 17, 2022. An appeal to the PZC/LPA
decision was received by Maria Hamilton.

If the Board adopts the proposed amendment, the Small-Scale Development Amendment
will become effective 31 days after the public hearing, provided no challenges are brought
forth for this amendment.

876
Small-Scale Development Amendment Board Adoption Public Hearing
SS-22-04-030 and RZ-22-04-031
January 24, 2023
Page 2

Any questions concerning this document should be directed to Alberto A Vargas, MArch,
Manager, Planning Division, at 407-836-5802 or Alberto.Vargas@ocfl.net, or Jason
Sorensen, AICP, Chief Planner, Current Planning Section, at 407-836-5602 or
Jason. Sorensen@ocfl.net.

ACTION REQUESTED: Make a finding of consistency with the Comprehensive


Plan and adopt the Office (0) Rural Settlement (RS)
Future Land Use map designation, approve the
associated ordinance, and approve the P-0 Restricted
(Professional Office District) zoning subject to six
restrictions as listed under PZC Recommendation in the
staff report. District 1

TB/JHS

c: Joel Prinsell, Deputy County Attorney


Whitney Evers, Assistant County Attorney
Roberta Alfonso, Assistant County Attorney
Jason Sorensen, AICP, Chief Planner, Planning Division
Olan D. Hill, AICP, Assistant Manager, Planning Division
Nik Thalmueller, AICP, Planning Administrator, Planning Division

877
Rezoning and Small-Scale Amendment Staff Report
Orange County Planning Division
BCC Hearing Date: January 24, 2023

CASE # SS-22-04-030
RZ-22-04-031
Commission District: #1
GENERAL INFORMATION
APPLICANT Alison Yurko

OWNER Jasbir Kaur and Dr. lnderjit Singh

HEARING TYPE Small-Scale Future Land Use Map (FLUM) Amendment/


Rezoning

FLUM REQUEST Rural Settlement 1/1 (RS 1/1) to


Office (0) Rural Settlement (RS)

ZONING REQUEST R-CE (Country Estate District) to


P-0 Restricted (Professional Office District)

LOCATION 8236 Conroy Windermere Road, generally located on the


south side of Conroy Windermere Road , and west of
Cleveland Avenue.

PARCEL ID NUMBER 15-23-28-9340-01-030; 15-23-28-9340-01-010

TRACT SIZE 1.54 gross acres

PUBLIC NOTIFICATION The notification area for this public hearing was 900 feet
[Chapter 30-40(c)(3a) of the Orange County Code
requires 300 feet]. Two hundred (200) notices were mailed
to property owners and residents in the mailing area.

COMMUNITY MEETING Two community meetings were held on August 11 , 2022,


and November 1, 2022, and are further summarized in the
report.

PROPOSED USE P-O use including a Veterinary Clinic without outdoor runs.

STAFF RECOMMENDATION
PLANNING

Future Land Use Map Amendment


Make a finding of inconsistency with the Comprehensive Plan and recommend DO
NOT ADOPT of the requested Office (0) Rural Settlement (RS) Future land Use.

Rezoning
Make a finding of inconsistency with the Comprehensive Plan and recommend
DENIAL o,f the requested P-0 Restricted (Professional Office District) zoning.

878
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hear·ing Date: January 24, 2023

ALTERNATIVE RECOMMENDATION

Future Land Use Map Amendment


Make a finding of consistency with the Comprehensive Plan and recommend
ADOPTION of the requested Office (0) Rural Settlement (RS) Future Land Use.

Rezoning
Make a finding of consistency with the Comprehensive Plan and recommend
APPROVAL of the requested P-0 Restricted (Professional Office District) zoning,
subject to the following restrictions:
1. Outdoor animal runs shall be prohibited;

2. There shall be no animal containment facilities not located within an enclosed


structure;

3. A Type D landscape buffer shall be provided along the southern property


boundary;

4. A six (6) foot tall masonry wall shall be constructed along the western , southern,
and eastern property boundaries;

5. Vehicular access to Cleveland Avenue and Edmondson Lane shall be


prohibited;

6. Development shall be limited to a Floor Area Ratio (FAR) of 0.15; and

7. New billboards and pole signs shall be prohibited.

SUBJECT PROPERTY ANALYSIS

Overview
Through this request, the applicant is seeking a Small-Scale Land Use Map Amendment
to change the Future Land Use Map (FLUM) designation of the 1.54-acre subject
property from Rural Settlement 1/1 (RS 1/1) to Office (0) Rural Settlement (RS), and to
rezone from R-CE (Country Estate District) to P-O Restricted (Professional Office
District), in order to construct a veterinary clinic.

The subject property is undeveloped and comprised of two parcels located on the south
side of Conroy Windermere Road in the West Windermere Rural Settlement. The
subject property is surrounded by single-family residences to the north across Conroy
Windermere Road, to the east across Cleveland Avenue and to the south, and bounded
to the west by a County owned parcel used for stormwater retention. Additionally, one
of the two property owners for the subject property owns the 0.73-acre vacant parcel to
the immediate south, providing additional buffering to the subject property.

Neighborhood commercial and office uses shall be allowed in Rural Settlements in areas
designated for such on the Future Land Use Map. Only those commercial and office
879
Small Scale Amendment# SS-22-04-030
Rezoning Case # RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
uses that will support existing residential uses shall be permitted in Rural Settlements.
The subject site is not located at an intersection and is surrounded by single-family
homes. Although it is located on a four lane road, a veterinary clinic would be out of
character with the surrounding area and therefore staff is recommending denial,
however alternative recommendations are provided with restrictions.

Existing FLUM Development Program


The existing development program would allow for up to one single-family residence,
consistent with the RS 1/1 Future Land Use Map designation.

Proposed FLUM Development Program


The FLUM designation of Office (0) and the proposed zoning of P-0 Restricted will allow
the applicant to construct a veterinary clinic.

Land Use Compatibility


The Office FLUM designation and P-0 Restricted zoning would allow for a neighborhood
commercial use that will serve the residents of the rural area and not primarily attract
"pass-by" trips. However, the proposed use is inconsistent with the character of the
surrounding area, and would adversely impact adjacent properties.

Site A naIvs1s
Yes No Information
Rural Settlement West Windermere Rural Settlement
~ □
Joint Planning Area (JPA)
□ ~
Overlay District Ordinance
□ ~
Airport Noise Zone
□ ~
Code Enforcement
□ ~

Comprehensive Plan (CP) Consistency


As mentioned previously, the underlying CP FLUM designation of the subject property
is Rural Settlement 1/1 (RS 1/1 ), which is consistent with the R-CE zoning . The proposed
P-0 Restricted zoning is consistent with the proposed Office (0) Rural Settlement (RS)
FLUM designation. However, the proposed request is inconsistent with the following
Comprehensive Plan provisions:

FLU1 .4.2 states that Orange County shall ensure that land uses changes are compatible
with and serve existing neighborhoods.

FLU6.2.11 states neighborhood commercial and office uses shall be allowed in Rural
Settlements in areas designated for such on the Future Land Use Map. Only those
commercial and office uses that will support existing residential uses shall be permitted
in Rural Settlements. The scale and intensity of commercial and office uses must be
compatible with the development pattern of the existing Rural Settlement.

FLUS.1.1 states that the zoning and future land use correlation shall be used to
determine consistency with the Future Land Use Map. Land use compatibility, the
880
Small Scale Amendment # SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
location , availability and capacity of services and facilities, market demand, and
environmental features shall also be used in determining which specific zoning district
is most appropriate. Density is restricted to the maximum and minimum allowed by the
Future Land Use Map designation regardless of zoning.

OBJ FLU8.2 states that compatibility will continue to be the fu ndamental consideration
in all land use and zoning decisions.

FLU8.2.1 states that land use changes shall be required to be compatible with existing
development and development trend in the area. Performance restrictions and/or
conditions may be placed on property through the appropriate development order to
ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use
Map change.

FLU8.2.11 states that compatibility may not necessarily be determined to be a land use
that is identical to those uses that surround it. Other factors may be considered, such
as the design attributes of the project, its urban form, the physical integration of a project
and its function in the broader community, as well its contribution toward the Goals and
Objectives in the CP. The CP shall specifically allow for such a balance of
considerations to occur.

SITE DATA

Existing Use Vacant parcels

Adjacent FLUM Zoning


North Rural Settlement 1/1 (RS 1/1) R-CE (Country Estate District) (1990)
(1991)
South Rural Settlement 1/1 (RS 1/1) R-CE (Country Estate District) (1968)
(1991))
East Low Density Residential (LOR) R-1AA (Single-Family Dwelling
(1991) District) (1985)
West Rural Settlement 1/1 (RS 1/ 1) R-CE (Country Estate District) (1968)
(1991)

Adjacent Land Uses N: Single-family residences


E: Single-family residences
W: Orange County stormwater retention pond
S: Single-family residences
P-O (Professional Office District) Development Standards
One-Family Dwelling
Min. Lot Area: 10,000 sq . ft.

881
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
Min. Lot Width: 80 ft. on major streets; 60 for all other streets
Max. Height: 35 ft. (within 100 ft. of all residential districts)
Min. Living Area: 500 sq. ft.
Building Setbacks:
Front: 25 ft.
Rear: 30 ft.
Side: 10 ft. (one/two story buildings)
* These regulations may not reflect the actual requirements for all situations; see the Orange
County Zoning Code for actual regulations for site requirements for this zoning district.

Intent, Purpose, and Uses


The intent and purposes of the P-O professional office district is to provide for and
encourage development of a wide variety of high quality functional and attractive
professional office centers in accordance with adopted county development plans and
policies .

Specific uses shall be identified by the letter "P" in the use table set forth in Section 38-77
of the Orange County Code.

SPECIAL INFORMATION

Staff Comments
Yes No Information
Environmental See comments below.
[Z] □
Transportation/ A traffic study will be needed at concurrency prior to
Access
[Z]
□ obtaining a buildinq oermit.
Schools
□ [Z]
Parks and
Recreation □ [Z]
Sheriff's
Deoartment □ [Z]
Fire Rescue
□ [Z]
Environmental Comments:
Septic and Well: If any existing septic tanks or wells are required or in use, the applicant
shall notify the Florida Department of Health (FDOH) and local Water Management
District, about the system permit application, modification or abandonment prior to
earthwork or construction . Permits shall be applied for and issued by the appropriate
agencies. Contact the FDOH for the septic system and both FDOH and the Water
Management District for wells. Refer to Orange County Code Chapter 37 Water and
Wastewater, Article XVII Individual On-Site Sewage Disposal for details on Individual
On-Site Sewage Disposal.

Demolition: Prior to demolition or construction activities associated with existing


structures, provide a Notice of Asbestos Renovation or Demolition form to the Orange
County Environmental Protection Division (EPD). For more information, or to determine
if an exemption applies , contact the EPD A ir Quality Management staff at 407-836-1400.
882
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
Solid Waste: Any miscellaneous garbage, hazardous waste , yard waste (including
excess fertilizers, herbicides and pesticides), and construction or demolition debris shall
be disposed of off-site according to the solid waste and hazardous waste regulations .
Call the Orange County Solid Waste Hotline at 407-836-6601 for information.

Community Meeting Summary


Two community meeting were held for this request. The first community meeting was
held on August 11 , 2022, and was attended by thirty-three (33) residents, and a second
community meeting was held on November 1, 2022, and included participation from
twenty-four (24) residents. The residents overwhelmingly opposed the proposed
veterinary clinic and raised concerns over noise, site access, lightning, and the
incompatibility of the proposed use with the surrounding residential neighborhood.

Utilities
Water: Orange County Utilities

Wastewater: Orange County Utilities

Reclaim Water: Orange County Utilities

This property is within Orange County Utilities Water, Wastewater, and Reclaimed Water
Service Areas. In accordance with Orange County Code Chapter 37:

Development within this property will be required to connect to Orange County Utilities
Water system. The connection points will be assessed during Final Engineering /
Construction Plan permitting.

Wastewater: Development on this property will be reliant on septic tanks for wastewater
disposal.

Reclaimed Water: Development within this property will be required to connect to


Orange County Utilities reclaimed water system The connection points will be assessed
during Final Engineering/Construction Plan permitting.

State of Florida Notice


Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by
the County does not in any way create any rights on the part of the applicant to obtain a
permit from a state or federal agency and does not create any liability on the part of the
County for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. Pursuant to Section 125.022, the applicant
shall obtain all other applicable state or federal permits before commencement of
development.

Specific Project Expenditure Report and Relationship Disclosure Form


The original Specific Project Expenditure Report and Relationship Disclosure Form are
currently on file with the Planning Division.

883
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
ACTION REQUESTED
Planning and Zoning Commission (PZC) Recommendation - (November 17, 2022)

Make a finding of consistency with the Comprehensive Plan and recommend


ADOPTION of the requested Office (0) Rural Settlement (RS) Future Land Use and
APPROVAL of the requested P-0 Restricted (Professional Office District) zoning,
subject to the following restrictions:

1. Outdoor animal runs shall be prohibited;

2. There shall be no animal containment facilities not located within an enclosed structure;

3. A Type B landscape buffer including a six (6) foot tall vinyl fence shall be provided along
the southern and eastern property boundaries ;

4. Vehicular access to Cleveland Avenue and Edmondson Lane shall be prohibited;

5. Development shall be limited to a Floor Area Ratio (FAR) of 0.13; and

6. New billboards and pole signs shall be prohibited.

PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS


The staff report was presented to the PZC with the recommendation that they make a finding of
inconsistency with the Comprehensive Plan and recommend DO NOT ADOPT of the requested
Office (0) Rural Settlement (RS) Future Land Use Designation, and DENIAL of the P-O
Restricted (Professional Office District) zoning subject to seven restrictions. The applicant was
present and did not agree with the staff recommendation. Thirteen (13) residents were present
to speak in opposition of the request. After public comment , the PZC members discussed
compatibility and buffering.

1st Motion (Failed):


A motion was made on the Future Land Use Map Amendment and Rezoning by Commissioner
Sorbo and seconded by Commissioner Wade to recommend DO NOT ADOPT the requested
Office (0) Rural Settlement (RS) Future Land Use designation and DENIAL of the requested P-
O Restricted (Professional Office District) zoning subject to restrictions. The motion failed on a
3-4 vote.

Motion I Second Trevor Sorbo I Jaja Wade

Voting in Favor Walter Pavon, Jaja Wade and Trevor Sorbo

Voting in Opposition George Wiggins, Nelson Pena, Gordon Spears, Eddie


Fernandez

Absent Mohammed Abdallah and Evelyn Cardenas

2nd Motion (Passed):


A second motion was made by Commissioner Wiggins, and seconded by Commissioner Sorbo
to recommend ADOPTION of the requested Office (0) Rural Settlement (RS) Future Land Use
884
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
designation and APPROVAL of the requested P-O Restricted (Professional Office District)
zoning subject to six restrictions that were amended from the alternate staff recommendation
after discussion by the Commission. The motion carried on a 5-2 vote.

Motion / Second George Wiggins I Trevor Sorbo

Voting in Favor George Wiggins, Jaja Wade, Nelson Pena, Gordon


Spears, and Eddie Fernandez

Voting in Opposition Walter Pavon and Trevor Sorbo

Absent Mohammed Abdallah and Evelyn Cardenas

885
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023

SS-22-04-030/RZ-22-04-031

~ Subject Property 1 inch = 375 feet

886
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023
FUTURE LAND USE - CURRENT
Rural Settlement 1 unit er 1 acre RS 1/1)

West Windermere
Rural Settlement

RERD .-

0 305 610
----========:::i Fe et D Subject Property

FUTURE LAND USE - PROPOSED


Office (0) Rural Settlement (RS)

West Windermere
Rural Settlement

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0
-
305 61 0
- --=======iFeet
D Subject Property

887
Small Scale Amendment# SS-22-04-030
Rezoning Case# RZ-22-04-031
Orange County Planning Division
BCC Hearing Date: January 24, 2023

ZONING - CURRENT
R-CE (Countr Estate District

West Windermere
Rural Settlement

CONROY WINDER.MERE R.D

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W Subject Property

ZONING - PROPOSED
P-0 Restricted (Professional Office District)

West Windermere
Rural Settlement

CONR.OY_WINDER.MER.E R.D _

1 - - - ~R-CE

R-1AA

0 305 610
----=====::::::::JFeet W Subject Property

888
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-Y ll BUFFER DISTANCE: 900
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ndson-Lane ~ ~...-1-4-4,-+-1-+-..,
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889
Interoffice Memorandum

, I H • I I• '
December 15, 2022

TO: Mayor Jerry L. Demings


-AND-
County Commissioners

FROM: Ed Torres, M.S., P.E. , LEED AP, Director


Utilities Department ~
~
SUBJECT: BCC AGENDA ITEM - Public Hearing
January 24, 2023 BCC Meeting
Revision of Chapter 37, Article XX, Sewer Use Ordinance
Contact Person: Michael Hudkins, P.E., Manager
Water Reclamation Division
407 -254-9685

Orange County Code Chapter 37 - Water and Wastewater, Article XX, Public and Private Sewer
System Use Requirements (aka Sewer Use Ordinance, or SUO) provides the necessary
regulations for the use of public and private sewers and drains in the interest of the public health,
safety and welfare of the citizens and residents of the county. This program is mandated federally
(approved by EPA in 1983) and by the state.

The Comptroller's Office performed a follow-up audit (original audit January 2015) covering the
period of January 2020 to December 2020 of the OC Utilities Department Environmental
Surcharge Program. The audit questioned the ability of the Utility Director to remove customers
from the Surcharge Program after determination that the wastewater stream characteristics
produced by the customer do not require inclusion in the program based on the intent of the
program. Staff has worked with the County Attorney's Office on these revisions to the SUO to
clarify this issue and to more clearly state the intent of the Surcharge Program.

Orange County Attorney's Office staff has reviewed the ordinance and finds these acceptable as
to form and content.

Action Requested: Adopt an Ordinance Amending Chapter 37, Article XX, of


Orange County Code Known as the "Sewer Use Ordinance"
Regulating the Pretreatment of Wastewater; Amending Division
3, Section 37-755, Surcharge Program, to Clarify the Objectives
of the Surcharge Program and the Director's Discretion to
Remove a Significant Commercial or Industrial User from the
Surcharge Program; and Providing an Effective Date.

All Districts.

890
DRAFT
2 11/22/2022

4 ORDINANCE NO. 2023-

6 AN ORDINANCE AMENDING CHAPTER 37, ARTICLE XX


OF ORANGE COUNTY CODE KNOWN AS THE "SEWER
8 USE ORDINANCE" REGULATING THE PRETREATMENT
OF WA.STEWATER; AMENDING DIVISION 3, SECTION
10 37-755, SURCHARGE PROGRAM, TO CLARIFY THE
OBJECTIVES OF THE SURCHARGE PROGRAM AND THE
12 DIRECTOR'S DISCRETION TO REMOVE A SIGNIFICANT
COMMERICAL OR INDUSTRIAL USER FROM THE
14 SURCHARGE PROGRAM; AND PROVIDING AN
KFFECTlVE DATE.
16
HE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF

18 ORANGE COUNTY:

Section 1. Amendments; In General. Article XX, Chapter 37, Division 3 of the

20 Orange County Code is hereby amended as set forth in Section 2 below, with additions being

shown as underlined and deletions being shown as strike throughs.

22 Section 2. Amendment to Division 3, Section 37-755. Section 37-755 ("Surcharge

program.") is amended to read as follows:

24 Sec. 37-755. Surcharge program.

The primary objective of the surcharge program is the


26 protection of the sanitary sewer system and treatment facilities and
the environment. The secondary objective is the equitable recovery
28 of costs for receiving and treating abnormally high strength wastes,
such as CBOD, TSS, TN, total phosphorus, and total oil and grease,
30 from nonresidential users. Program requirements are outlined under
separate cover of the Wastewater Discharge and Industrial
32 Pretreatment Standards Technical Manual.

** *
34 (4) A user has the right to appeal a surcharge in writing
to the director within thirty (30) days of the date of the monthly bill.
36 The decision of the director shall be final. Additionally, the director
or designee has the discretion to remove a significant commercial

Page 1 of 2

891
38 user or significant industrial user from the surcharge program upon
a finding that the user's discharge poses no excessive loading or
40 other potential contamination to the sanitary sewer system and does
not create any environmental concerns. The director or des ignee
42 may also remove a user from the program upon a find ing that
equitable recovery costs for receiving and treating abnormally high
44 strength wastes has been achieved or that the waste is primarily
residential in nature and poses no additional demand on the san itary
46 sewer system and treatment facilities.

Section 3. Effective Date. This ordinance shall become effective as provided by

48 general law.

ADOPTED TH IS DJ\ Y OF _ _ _ _ _ _, 2023.

50 ORANGE COUNTY, FLORIDA


By: Board of County Commissioners
52
By: - - -- - - - - - --
54 Jerry L. Demings
Orange County Mayor
56 ATTEST: Phil Diamond, CPA, County Comptroller
J\s Clerk of the Board of County Commissio ners
58

60 By: _ _ _ _ _ _ __ _ _
Deputy Clerk
62

64
\\oclilcllegaldeptlgholmcs\ordinanccslsurchargc program (ch. 37 - art. xx)\2023 drafts\2022-11-22 ch. 3 7 art. xx - surcharge program - dratt.docx

Page 2 of2

892
~
Interoffice Memorandum

GOVERNMENT
P l, O R l D A

January 6, 2023

TO: Mayor Jerry L. Demings


-AND-
County Commissioners ~

FROM: Tim Boldig, Interim Director


Planning, Environmental, and Development Services Department

SUBJECT: January 24, 2023 - Public Hearing


Tenant's Bill of Rights Ordinance

Over the last several months, the Board has held discussions related to the housing challenges
faced by tenants in Orange County including rising rents, increasing evictions, and the lack of
educational and legal services for tenants. In addition to the Rental Notices Ordinance adopted
by the Board, which requires certain landlords to provide sixty (60) days' written notice prior to
increasing rent by more than five percent (5%) or terminating certain residential tenancies, the
Board also directed staff to research a tenant's bill of rights.

The Board has since held several meetings to discuss a tenant's bill of rights. On June 23,
2022, staff presented a general overview of the typical provisions contained in a tenant's bill of
rights and the state of practice in other jurisdictions that have adopted similar policies. The
Board directed staff to schedule a work session to consider specific provisions to be included in
a future ordinance. On September 27, 2022, the Board held a work session and staff presented
specific recommended policies, stakeholder engagement, and other optional provisions; staff
also provided an update on the progress made toward establishing an office of tenant services.
The Board directed staff to draft an ordinance for discussion. On November 29, 2022, the Board
held a discussion and staff presented a draft ordinance that, among other things : (1) establishes
an Orange County Office of Tenant Services; (2) requires residential landlords to provide
tenants with a Notice of Tenant Rights and a List of Tenant Fees; (3) amends the County's Fair
Housing ordinance to prohibit discrimination based on an individual's lawful source of income;
and (4) authorizes the Office of Tenant Services to enforce violations of the Rental Notices
Ordinance and the Tenant's Bill of Rights Ordinance by issuing noncriminal civil citations. The
Board directed staff to schedule a public hearing on January 24, 2023, to consider adopting the
draft ordinance.

At the public hearing on January 24, 2023, staff will present an ordinance to the Board for
adoption. Following the Board discussion on November 29, 2022, the draft ordinance has been
updated to, among other things: (1) require the Notice of Tenant Rights to be made available in
a French-based creole in addition to English and Spanish; and (2) amend the County's Fair
Housing ordinance to prohibit discrimination based on actual or perceived status as a victim of
domestic violence, dating violence, or stalking.

893
January 24, 2023
Public Hearing - Tenant's Bill of Rights Ordinance
Page 2

ACTION REQUESTED: Approval and execution of Ordinance Pertaining to


Residential Tenancies and Fair Housing in Orange County,
Florida; Amending Chapter 25 ("Licenses, Taxation and
Miscellaneous Business Regulations"), Article XIII ("Rental
Notices") of the Orange County Code of Ordinances;
Amending the Title of Article XIII and Creating Divisions
Therein; Amending Sections 25-370, 25-371 , and 25-372 of the
Code to Reference the Division and Clarify Applicability,
Enforcement and Penalties; Enacting a New Tenant's Bill of
Rights Ordinance to be Codified at Chapter 25, Article XIII,
Division 3 of the Code, Section 25-410 through Section 25-
449; Amending Schedule "A" of Chapter 11 ("Code
Enforcement"), Article Ill ("Code Enforcement Citation
Program"), Section 11-62 (" Applicable Codes and
Ordinances") to Provide for Enforcement; Amending Chapter
22 ("Human Rights"), Article IV ("Fair Housing") of the Code;
Prohibiting Discrimination in Housing Based on Additional
Categories; Providing for Repeal of Laws in Conflict; and
Providing for Filing of Ordinance and Effective Date.

TB/SS/js
Attachment

894
DRAFT
01 /06/2023

2 ORDINANCE NO. 2023-

AN ORDINANCE PERT AJNING TO RESIDENTIAL


4 TENANCIES AND FAIR HOUSING IN ORANGE COUNTY,
FLORIDA; AMENDING CHAPTER 25 ("LICENSES,
6 TAXATION AND MISCELLANEOUS BUSINESS
REGULATIONS"), ARTICLE XHI ("RENT AL NOTICES")
8 OF THE ORANGE COUNTY CODE OF ORDINANCES;
AMENDING THE TITLE OF ARTICLE XIII AND
10 CREATING DIVISIONS THEREIN; AMENDING
SECTIONS 25-370, 25-371, AND 25-372 OF THE CODE TO
12 REFERENCE THE DIVISION AND CLARIFY
APPLICABILITY, ENFORCEMENT AND PENALTIES;
14 ENACTING A NEW TENANT'S BILL OF RIGHTS
ORDINANCE TO BE CODIFIED AT CHAPTER 25,
16 ARTICLE XIII, DIVISION 3 OF THE CODE, SECTION 25-
410 THROUGH SECTION 25-449; AMENDING SCHEDULE
18 "A" OF CHAPTER I I ("CODE ENFORCEMENT"),
ARTICLE III ("CODE ENFORCEMENT CITATION
20 PROGRAM"), SECTION 11-62 ("APPLICABLE CODES
AND ORDINANCES") TO PROVIDE FOR
22 ENFORCEMENT; AMENDING CHAPTER 22 ("HUMAN
RIGHTS"), ARTICLE IV ("FAIR HOUSING") OF THE
24 CODE; PROHIBITING DISCRIMINATION IN HOUSING
BASED ON ADDITIONAL CATEGORIES; PROVIDING
26 FOR REPEAL OF LAWS IN CONFLICT; AND PROVIDING
FOR FILING OF ORDINANCE AND EFFECTIVE DATE.
28
WHEREAS, Orange County is experiencing a significant demand for affordable rental
30 housing units; and

32 WHEREAS, the availabi lity of safe and affordable housing is an essential component of
individual and community well-being; and
34
WHEREAS, federa l, state, and local laws afford tenants with certain protections and rights
36 including, but not limited to, laws that: (1) ensure that residential dwellings comply with building
codes; (2) establish processes related to residential evictions; and (3) protect tenants from
38 discrimination based on certain classifications; and

40 WHEREAS, various nonprofit entities and federal , state, and local government agencies
have resources to assist Orange County tenants facing challenges with their landlords; and
42
WHEREAS, despite these rights, protections, and resources, many tenants in Orange
44 County are unaware of the laws that protect and afford rights to tenants or the steps that tenants
can take to seek redress with other agencies or entities; and
46

895
DRAFT
0l/06/2023

WHEREAS, the Orange County Board of County Commissioners desires to establish an


48 Office of Tenant Services and adopt a Tenant's Bill of Rights in order to increase tenant awareness
of their rights and to provide guidance to tenants regarding available community resources; and
so
WHEREAS, the Board has budgeted for an Office of Tenant Services for fiscal year 2022-
52 2023;and

54 WHEREAS, the Board agrees that providing accurate information to Orange County
tenants concerning existing laws that protect tenants, the rights afforded under such laws, and
56 connecting tenants to community agencies or other entities can improve housing stability and
reduce evictions and homelessness; and
58
WHEREAS, the Board recognizes that while reasonable tenant fees may be a necessary
60 aspect of the landlord/tenant relationship, it is essential that tenants understand and know the extent
of the tenant fees for which they will be responsible; and
62
WHEREAS, government programs exist which assist families, the elderly, veterans, and
64 persons with disabilities to afford decent and safe housing in the private rental market through
financial subsidies including Housing Choice (Section 8) Vouchers and Veterans Affairs
66 Supportive Housing (V ASH) vouchers; and

68 WHEREAS, the U.S. Departme nt of Housing and Urban Development reports that some
landlords avoid renting to voucher recipients because of the administrative burdens of participating
70 in such programs and other landlords resist renting to voucher recipients because they perceive
this group to be undesirable tenants, they fear that other tenants would object to voucher recipients
72 as neighbors, or both; and

74 WHEREAS, the Board desires to eliminate discrimination in a person's ability to obtain


housing based on a person' s lawful source of income, and prohibit discrimination against victims
76 of dating violence, domestic violence, and stalking, thereby increasing the number of households
who are able to successfully locate safe, affordable, and accessible housing in Orange County; and
78
WHEREAS, the Board finds that such measures are in the interest of the public health ,
80 safety, and welfare.

82 BE IT ORDAINED BY THE BOARD OF COUNTY COMMlSS ION ERS OF ORANGE

COUNTY, FLORIDA:

84 Section 1. Recitals. The recitals set forth above are hereby adopted and incorporated

into the body of this ordinance as if fully set forth herein.

2
896
DRAFT
01 /06/2023

86 Section 2. Amendments to Chapter 25, Article Xlll. Chapter 25, Article XIII of the

Orange County Code of Ordinances is hereby amended as follows, with additions being shown by

88 underlines and deletions being shown by strike-throughs:

CHAPTER 25. LICENSES, TAXATION AND


90 MISCELLANEOUS BUSINESS REGULATIONS

92 ARTICLE XIII. RESIDENTIAL TENANCIES RENTAL


NOTICES

94 DIVISION 1. RENT AL NOTICES ORDINANCE

Section 25-370. Title.


96
This division ~ shall be titled "Rental Notices
98 Ordinance.''

100 Section 25-371. Required written fair notice of termination


of quarterly and monthly residential
102 tenancies without specific duration; written
11otificatio11 requireme11ts related to rental
104 payment increases for certain residential
tenancies.
106
(a) A residential tenancy without a specific duration and in which
108 the rent is payable on a quarterly or monthly basis may be
terminated by either the land lord or tenant by giving not less
110 than sixty (60) days' written notice prior to the end of the
applicable quarterly or monthly period.
112
(b) A residentia l landlord that proposes to increase the rental rate by
114 more than five-percent (5%) at the end of a lease for a specific
term, or during a tenancy without a specific duration in which
116 the rent is payable on a quarterly or monthly basis, shall provide
sixty (60) days' written notice of the increase to the tenant.
118
(I) Within said sixty (60) day period, the tenant shall either:
120
(i) Accept the rental increase;
122
(ii) Reach an acceptable compromise on rental amount; or
124
(iii) Reject the rental increase.

3
897
DRAFT
01 /06/2023

126
(2) If the required sixty (60) days' written notice has been
128 provided and the tenant has rejected the rental increase or
fai led to reach an acceptable compromise on rental amount,
130 then the landlord may impose the rental increase or require
the tenant(s) to vacate the residence upon the tenancy's
132 termination.

134 (3) The landlord shall retain a copy of the notice and proof of
de! i very for a period of one ( I) year.
136
(c) The requirements of this division aft.ie!e shall apply to those
138 residential tenancies subject to Chapter 83, Part II, Florida
Statutes, located within incorporated and unincorporated areas
140 of Orange County. In accordance with Chapter 723, Flo rida
Statutes, this division aft.ie!e shall not apply to mobile home lot
142 rents in mobile home parks or the related landlord-tenant
relationships.
144
(d) Except for the notice provisions set forth in subsections (a) and
146 (b) above, all other provisions of Part II of Chapter 83, Florida
Statutes, as may be amended, shall govern residential tenancies.
148
Section 25-372. Enforcement and Penalties.
150
(a) The Orange County Office of Tenant Services Neighborhood
152 SerYices Di,,isioR (or such successor CouRty divisioR or
departmeRt respoRsible for the eRforeement of the County Code
154 of OrdiRances) is empowered to investigate any situation where
a person is alleged to be violating this division affi.ele.
156
(b) County employees assigned to the The OraRge County
158 Neighborhood Services Oj.,rision (or such sueeessor County
division or depai1ment responsible for the enforeement of the
160 County Code of Ordinances) is Office of Tenant Services and
designated as code enforcement officers by the County shal l be
162 considered code enforcement officers authorized to enforce this
division aft.ie!e through the issuance of a noncriminal civil
164 citation in accordance with Part 11 of Chapter 162, Florida
Statutes , and the County' s Code Enforcement Citation Program
166 contained in Chapter 11 , Article 111 of the Orange County Code
of Ordinances .
168
( c) Violations of this division artt€-!e shall be considered a Class 111
170 violation and subject to a fine as provided in Section 11-67 of
the Orange County Code of Ordinances.

4
898
DRAFT
01 /06/2023

172
Sections 25-373- 25-379 25 449. Reserved.
174
DIVISION 2. RESERVED
176
Sections 25-380 - 25-409. Reserved.
178
Section 3. Enactment of New Chapter 25, Article Xlll, Division 3. A new Tenant's

180 Bill of Rights Ordinance, to be codified at Chapter 25, Article Xlll, Division 3 of the Orange

County Code of Ordinances, Seetion 25-410 through Section 25-449, is hereby enacted to read as

182 follows with additions being shown by underlines:

CHAPTER 25. LICENSES, TAXATION AND


184 MISCELLANEOUS BUSINESS REGULATIONS

***
186 ARTICLE XIII. RESIDENTIAL TENANCIES

***
188 DIVISION 3. TENANT'S BILL OF RIGHTS ORDINANCE

190 Section 25-410. Title.

192 Th is division shall be titled " Tenant's Bill of Rights


Ordinance. "
194
Section 25-411. Applicability.
196
This division shall be applicable to residential tenancies
198 subject to Chapter 83, Part II, Florida Statutes, that are in existence
on or after this division ' s effective date, and any extensions or
200 renewals of such tenancies. This division s hall apply to rental units
located in the unincorporated areas of Orange County.
202
Section 25-412. Definitions.
204
The following words and phrases, as used in this division,
206 shall have the following meanings:

208 fill. Landlord shall mean the owner or lessor of a dwelling unit and
shal l include their agents and employees.
210

5
899
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01/06/2023

.(hl List of' Tenant Fees shall mean a printed, paper copy, in a font
212 twelve-point or larger and on paper of eight and one-half by
eleven (8½ x 11 ) inches or larger, of an itemized list of te nant
214 fees. The List of Tenant Fees must include a description of each
te nant fee, the amount that may be charged, and the frequency
216 of which each tenant fee may be charged. If the exact amount of
a tenant fee may vary, then the List of Tenant Fees must include
218 an approximation or an explanation of how the amount is
calculated. For purposes of this division, if a tenant has
220 consented to receiving and signing documents via e lectronic
means, the n the List of Tenant Fees may be provided to the
222 tenant in electronic form rather than as a printed, paper copy.

224 ill Notice of' Tenant Rights shall mean a printed, paper copy,
available in English, Spanish, and a French-based creole, in font
226 twelve-point or larger and on paper of eight and one-half by
e leven (8½ x 11 ) inches or larger, of a Notice of Tenant Rights
228 as published by the Office of Tenant Services. For purposes of
this division, if a tenant has consented to receiving and signing
230 docume nts via e lectronic means, then the Notice o f Tenant
Rights may be provided to the tenant in electronic form rathe r
232 than as a printed, paper copy.

234 @ Office of Tenant Services shall mean the Orange County Office
of Tenant Services.
236
ill Rent shall mean the periodic payments due to the landlord from
238 the tenant for occupancy under a rental agreement, or is ''rent''
as defined in Section 83.43, Florida Statutes, as it may be
240 amended.

242 ill Rental Agreement shall mean an agreement, either written or


oral, by which a tenant is entitled to possess a rental unit in
244 exchange for consideration, or is a "rental agreement" as defined
in Section 83.43, Florida Statutes. as it may be amended.
246
.{g) Rental Unit shall mean a residential ho using unit that is or may
248 be occupied by a tenant who does not own the property in
exchange for consideration and by virtue of an agreement with
250 the owner of such residential property, or which is a " dwelling
unit" as defined in Section 83.43, Florida Statutes, as it may be
252 amended. Rental units governed by Chapter 723, Florida
Statutes, are excluded from this definition and the provisions of
254 this division.

6
900
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01 /06/2023

256 .(h} Tenant shall mean a natural person or persons who shall occupy,
attempt to occupy, or inquire about occupying a rental unit in
258 exchange for consideration and by virtue of a written or oral
rental agreement with the owner of such rental unit, or are a
260 "tenant" as defined in Section 83.43, Florida Statutes, as may be
amended.
262
ill Tenant Fees shall mean charges of any kind that a landlord levies
264 against a tenant in connection with the tenant' s use or occupancy
of a rental unit or premises, except for rent. and shall include,
266 but are not limited to, late fees, pet fees, maintenance fees,
parking fees, trash fees, and amenity fees.
268
Section 25-413. Office of Tenant Services.
270
ill Office established. There is hereby established the Orange
272 County Office of Tenant Services which shall have the powers
and duties enumerated in this section to implement the
274 provisions of this Tenant' s Bill of Rights Ordinance.

276 (hl Powers and duties. The duties, functions, powers, and
responsibilities of the Office of Tenant Services shall include,
278 but are not limited to, the fo llowing:

280 ill Receiving, processing, and investigating complaints of


alleged violations of this division and the Rental Notices
282 Ordinance codified at Chapter 25, Article Xlll, Division 1 of
the County Code and to conciliate related disputes through
284 conference with the landlord and tenant;

286 ill Coordinating with and referring appropriate matters and


complaints to federal, state, and local agencies or
288 organizations (including legal and other advocacy
organizations) that may have the authority or expertise to
290 address certain housing-related issues:

292 ill Publishing and disseminating information and educational


materials relating to this division, including to landlords to
294 promote their participation in existing affordable housing
programs;
296
ill Conducting trainings and outreach for tenants and landlords;
298
ill Serv ing as an advisor on housing related policy matters;
300

7
901
DRAFT
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.(fil Working to secure grants and other resources to support


302 tenant services;

304 ill Developing resources for landlords and tenants to promote


housing stability;
306
ill Serving as a County liaison when engaging with community
308 and professional groups that represent tenants and landlords:
and
310
(21 Performing other administrative duties related to this
312 division as may be assigned by the County Mayor or their
designee.
314
Section 25-414. Notice of Tenant Rights.
316
@l The Office of Tenant Services shall create, maintain, and publish
318 a Notice of Tenant Rights. The Notice of Tenant Rights must
generally include information on tenants' rights under federal,
320 state and local laws and contact information for local
organizations that are available to assist tenants. The Notice of
322 Tenant Rights must include, at a minimum, information related
to the following:
324
ill Right to notice of termination and notice of rental increases
326 in accordance with the County ' s Rental Notices Ordinance
codified at Chapter 25, Article XI 11, Division I of the County
328 Code, as amended;

330 ill Right to reasonablenotice prior to a landlord' s entry into a


rental unit in accordance with Section 83.53. Florida
332 Statutes, as amended;

334 ill Right tomaintenance of the rental unit in accordance with


applicable building, housing, and health codes pursuant to
336 Section 83.5 1, Florida Statutes, as amended;

338 (12 Prohibition of discrimination in hous ing in accordance with


C hapter 22, Article IV of the County Code, as amended; the
340 State of Florida' s Fair Housing Act codified at Chapter 760,
Part II, Florida Statutes, as amended; and the federal Fair
342 Housing Act codified at 42 U.S.C. §§ 3601-1 9, as amended;

344 ill Right to reasonable accommodations and reasonable


modifications for people with disabilities in accordance with
346 local, state, and federal fair housing laws;

8
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348 (fil Right to the return of a security deposit or written notice of


a claim in accordance with Section 83.49, Florida Statutes,
350 as amended;

352 CTl Prohibition of a landlord interrupting utility services and


preventing a tenant from gaining reasonable access to the
354 rental unit in accordance with Section 83.67, Florida
Statutes, as amended;
356
(fil Prohibition of a landlord retaliating against a tenant for
358 purposes including, but not limited to, seeking tenant
services in accordance with Section 83.64, Florida Statutes,
360 as amended; and

362 {22 Right to raise defenses to an eviction in accordance with


Section 83.60. Florida Statutes, as amended.
364
(hl It shall be unlawful for a landlord to allow a tenant to rent or
366 occupy a rental unit under said landlord's control or authority
without first providing the tenant with a copy of the Notice of
368 Tenant Rights.

370 ill For new tenants. the Notice of Tenant Rights must be
provided prior to the commencement of the rental term. For
372 existing tenants a lready occupying a rental unit as of this
division's effective date, the Notice of Tenant Rights must
374 be provided prior to the commencement of a new or renewed
rental term.
376
ill For tenancies without a specific duration in which the rent is
378 payable on a monthly or quarterly basis, the Notice of Tenant
Rights must be provided prior to the initial commencement
380 of the rental term and thereafter no less than once per year.

382 .(s} There shall be a rebuttable presumption that a landlord has


complied with this section if the landlord can provide a written,
384 dated, and signed affirmation from the tenant stating that the
tenant has received a copy of the Notice of Tenant Rights.
386 Signed affirmations must be retained for at least one (l) year
after the tenant vacates the rental unit.
388
Section 25-415. List of Tenant Fees.
390
W Landlords shall provide tenants with a List of Tenant Fees that
392 includes any and all tenant fees that may be assessed against the

903
DRAFT
01 /06/2023

tenant. It shall be unlawful for a landlord to assess a fee against


394 a tenant that was not previously agreed to by the tenant and
disclosed in a List of Tenant Fees.
396
ill For new tenants, the List of Tenant Fees must be agreed to
398 by the landlord and tenant prior to the commencement of the
rental term. For existing tenants already occupying a rental
400 unit as of this division's effective date, the List of Tenant
Fees must be agreed to by the landlord and tenant prior to
402 the commencement of a new or renewed rental term.

404 ill For tenancies without a specific duration in which the rent is
payable on a monthly or quarterly basis, the List of Tenant
406 Fees must be agreed to by the landlord and tenant prior to
the initial commencement of the rental term. The reafter, the
408 landlord shall provide the tenant with a List of Tenant Fees
at least sixty (60) days before any new or additional tenant
410 fees may be assessed.

412 .h Within said sixty (60) day period, the tenant shall either:
agree to the new tenant fees; reach an acceptable
414 compromise on tenant fees; or reject the new tenant fees.

416 !h If the required sixty (60) days' notice has been provided
and the tenant has rejected the List of Tenant Fees or
418 failed to reach an acceptable compromise on tenant fees,
then the landlord may impose the tenant fees or require
420 the te nant to vacate the residence upon the tenancy' s
termination.
422
(hl There shall be a rebuttable presumption that a landlord has
424 complied with this section if the landlord can provide a written,
dated. and signed affirmation from the tenant stating that the
426 tenant has agreed to, and received a copy of, the List of Tenant
Fees. Signed affirmations must be retained for at least one ( I)
428 year after the tenant vacates the rental unit.

430 Section 25-416. Enforcement and Penalties.

432 (fil The Office of Tenant Services is empowered to investigate any


situation where a person is alleged to be violating this division.
434
(hl County employees assigned to the Office of Tenant Services and
436 designated as code enforcement officers by the County shall be
considered code enforcement o fficers authorized to enforce this
438 division through the issuance of a noncriminal civil citation in

10
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accordance with Part Ir of Chapter 162. Florida Statutes. and the


440 County's Code Enforcement Citation Program contained in
Chapter 11. Article Ill of the Orange County Code of
442 Ordinances.

444 ill Violations of this division shall be considered a Class Ill


violation and subject to a fine as provided in Section 11-67 of
446 the Orange County Code of Ordinances.

448 Sectio11s 25-417 - 25-449. Reserved.

450 Section 4. Amendments to Chapter 11, Article III, Sectio11 11-62. Chapter 11, Article

III, Section 11-62 of the Orange County Code ("' Applicable codes and ordinances") is amended to

452 read as follows, with additions being shown by underlines and deletions being shown by strike-

throughs:

454 CHAPTER lt. CODE ENFORCEMENT

456 ARTICLE III. CODE ENFORCEMENT CITATION


PROGRAM

458 * **
Section 11-62. Applicable codes a11d ordi11ances.
460
A schedule of codes and ordinances, which may be enforced
462 pursuant to the supplemental code enforcement citation procedures
contained herein, is set out directly below as Schedule "A". Where
464 a chapter or part of a chapter is referenced, all sections within that
chapter or part are subject to enforcement by citation. If a section
466 within a referenced chapter has a specific penalty identified therein,
that more-specific penalty shall prevail so long as it does not exceed
468 the maximum penalty permitted by F.S. ch. 162, as amended. The
schedule of codes and ordinances shall include such codes and
470 ordinances as they may be from time to time amended, renumbered,
codified, or recodified including codes and ordinances enacted
472 subsequent to the adoption of this article.

474 SCHEDULE ''A''

II
905
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Code
Description Class
Provision 1

___J
Chapter 2,
Article IX
IEmergency management

;Adult entertainment establishment


->11, ___

I;1
j
Section 3-10 I 1 general operational rules 1

I
r--
'Section 9-277 Property maintenance

Chapter 15 IEnvironmental control


I'i
J
I
___ j
Chapter 18 fFire prevention and protection I
.---- I I
Section 21-3 IUniform numbering system
I
iI I
i --·
I
J

Vending operation on public right- j I


Section 21- Jof-way or unpermitted vending j
11
239 operation on property abutting a 1
I

Ipublic right-of-way 1

, Landscaping, buffering and open I


'Chapter 24
Ispace --------,--1-- __I
Chapter 25,
Garage Sales 11
Article II

J
I l
I

~~~~:-~~:, in
-+
lLoc:i b-us-in- e~~ ,: ~ - -

Chapter 25, :- ·--- I


ArticleXIII, jRentalNoticesOrdinance !111 !
I I
Division 1
f"- - - -
__ I]
Chapter 25, I
Article Xlll, ITenant's Bill of Rights Ordinance ,fil II
Division 3 I
! i
I j
------ --- ----- I - ______J

12
906
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---
Chapter 28, ! ''
1 Lot Cleaning j I
Article II
476 I --
_j
I I
Parking of motor vehicles on
478
Chapter 28,
j residentially and agriculturally II I
Article III
. zoned property I'
!
<
_, ____J
----- I

Chapter 31.5 1Signs 111


480 ______ I
Chapter 32
---
Chapter 38
IS~li~~~s-~e
!Zoning
! II
i
II
I

i II
J
I I _]
-----I

482 Section 5. Amendments to Chapter 22, Article IV. Chapter 22, Article IV of the

Orange County Code of Ordinances is hereby amended as follows, with additions being shown by

484 underlines and deletions being shown by strike-throughs:

CHAPTER 22. HUMAN RIGHTS

486 ***
ARTICLE IV.FAIR HOUSING
488
DIVISION 1. GENERALLY
490
Section 22-50. Generally.
492
The general purpose of this article is to promote through fair,
494 orderly, and lawful procedure the opportunity for each individual so
desiring to obtain housing of such individual's choice in Orange
496 County without regard to race, color, religion, national origin,
disability, marital status, familial status, lawful source of income,
498 sex, eF-scxual orientation , or actual or perceived status as a victim
of domestic violence, dating violence, or stalking, and, to that end,
500 to prohibit discrimination in housing by any person.

502 Section 22-51. Definitions.

504 The following words, terms and phrases, when used in this
article, shall have the following meanings ascribed to them in this
506 section, except where the context clearly indicates a different
meaning:

13
907
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508
***
510
Lawful source of income shall mean income from: (1) a
512 lawful profession, occupation or job; (2) any government or private
assistance, grant, loan or housing assistance program or subsidy.
514 including but not limited to Housing Choice (Section 8) Vouchers
and Veterans Affairs Supportive Housing (VAS H) Vouchers, Social
516 Security, and Supplemental Security Income; (3) a gift, an
inheritance, a pension or other retirement benefits, an annuity, trust
518 income, investment income, alimony, child support, or veteran ' s
benefits; or (4) the sale of property or an interest in property.
520
***
522
Victim of dating violence shall mean a person who has been
524 subjected to acts or threats of violence, not including acts of self-
defense, during the course of a significant relationship of a romantic
526 or intimate nature, committed by another under the following
circumstances:
528
ill T he nature of the relationship was characterized by the
530 expectation of a ffection or sexual involvement between the
individuals; and
532
ill The frequency and type of interaction between the
534 individuals was on a continuous basis during the course of
the relationship.
536
The term victim of dating violence does not include v iolence in
538 a casual acquaintanceship or violence between individuals who
only have engaged in ordinary fraternization in a business or
540 social context.

542 Victim of domestic violence shall mean a person who has


been subjected to acts or threats of violence, not including acts of
544 self-defense, by a family or household member. For the purposes of
defining this term, "family or household member" sha ll include:
546
ill A current of former spouse of the victim;
548
Q_}_ A person related to the victim by blood or marriage;
550
ill A person with whom the victim shares a child in common;
552

14

908
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01 /06/2023

(11 A person who is presently cohabitating with the victim as if


554 a family or has cohabitated with the victim in the past as if a
family; or
556
ill A person who is or has continually or at regular intervals
558 lived in the same household as the victim.

560 With the exception of persons who have a child in common. the
family or household members must be currently residing or have
562 in the past resided together in the same single dwelling unit.

564 Victim of stalking shall mean a victim of acts that constitute


or are deemed under state law to be willful. malicious, and repeated
566 following, harassing, or cyberstalking of another person, or the
making of a credible threat with the intent to place that victim in
568 reasonable fear of death or bodily injury of the person, or the
person' s child, sibling, spouse, parent, or dependent. The term
570 "cyberstalking" means engaging in a course of conduct to
communicate. or to cause to be communicated. words, images, or
572 language by or through the use of electronic mail or electronic
communication, directed at a specific person, causing substantial
574 emotional distress to that person and serving no legitimate purpose.

576 Section 22-52. Discrimination in the sale or rental of


housing and prohibited practices.
578
(a) It shall be unlawful to refuse to sell or rent after the making of a
580 bona fide offer, to refuse to negotiate for the sale or rental of, or
otherwise to make unavailable or deny a dwelling to any
582 individual because of age, race, religion, national origin,
disability, marital status, familial status, lawful source of
584 income, sex, er-sexual orientation, or actual or perceived status
as a victim of domestic violence, dating violence, or stalking.
586
(b) It shall be unlawful to discriminate against any individual in the
588 terms, conditions, or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection therewith,
590 because of age, race, color, religion, national origin, disability,
marital status, familial status, lawful source of income, sex, ef
592 sexual orientation, or actual or perceived status as a victim of
domestic violence , dating violence, or stalking. Prohibited
594 actions under this subsection include, but are not limited to:

596 (I) Using different provisions in leases or contracts of sale, such


as those relating to rental charges, security deposits and the
598 terms of a lease and those relating to down payment and

15
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c losing requirements, because of age, race, color, religion,


600 national origin, disability, marital status, fami lial status,
lawful source of income, sex, ersexual orientation, or actual
602 or perceived status as a victim of domestic violence, dating
violence, or stalking. Nothing in this subsection prohibits
604 provisions in leases or contracts of sale that are required by
federal. state, or local law, rule, or regulation for a specific
606 lawful source of income including, but not limited to,
Hous ing Choice (Section 8) Vouchers.
608
(2) Failing or delaying maintenance or repairs of sale or rental
610 dwe llings because of age, race, color, religion, national
origin, disability, marital status, familial status, lawful
612 source of income, sex, er-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
614 violence, or stalking.

616 (3) Faili ng to process an offer for the sale or rental of a dwelling
or to communicate an offer accurately because of age, race,
618 color, religion, national origin, disability, marital status,
familial status, lawful source of income, sex, 0f-sexual
620 orientation, or actual or perceived status as a victim of
domestic violence, dating violence. or stalking.
622
(4) Limiting the use of privileges, services or faci lities
624 associated with a dwelling because of the age, race, color,
religion, national origin, disability, marital status, familial
626 status, lawful source of income, sex, ersexual orientation,_Q[
actual or perceived status as a victim of domestic violence,
628 dating violence. or stalking, of an owner, tenant or a person
associated with him or her.
630
(5) Denying or limiting serv ices or facilities in connection with
632 the sale or rental of a dwelling, because an individual failed
or refused to provide sexual favors.
634
(c) It shall be unlawful to make, print, or publish, or cause to be
636 made, printed, or published, any notice, statement, or
advertisement with respect to the sale or rental of a dwelling that
638 indicates any preference, limitation, or discrimination based on
age, race, color, religion, national origin, disability, marital
640 status, familial status, lawful source of income, sex, &-sexual
orientation, or actual or perceived status as a victim of domestic
642 violence, dating violence, or stalking, or an intention to make
any such preference, limitation, or discrimination. The
644 prohibitions in this subsection shall apply to all written or oral

16
910
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notices or statements by a person engaged in the sale or rental of


646 a dwelling. Written notices and statements include any
applications, flyers, brochures, deeds, signs, banners, posters,
648 bil lboards or any documents used with respect to the sale or
rental of a dwelling. Discriminatory notices, statements and
650 advertisements include, but are not limited to:

652 (I) Using words, phrases, photographs, illustrations, symbols or


forms which convey that dwellings are available or not
654 avai lable to a particular group of individuals because of age,
race, color, re ligion, national origin, disability, marital
656 status, famil ia l status, lawful source of income, sex, et=
sexual orientation, or actual or perceived status as a victim
658 of domestic violence, dating violence, or stalking.

660 (2) Expressing to agents, brokers, employees, prospective


sellers or renters or any other individuals a preference for or
662 limitation on any purchaser or renter because of age, race,
color, re ligion, national origin, disability, marital status,
664 familial status, lawful source of income, sex, eF-sexual
orientation, or actual or perceived status as a victim of
666 domestic violence, dating violence, or stalking.

668 (3) Selecting media or locations for advertising the sale or rental
of dwelli ngs which deny particular segments of the housing
670 market information about housing opportunities because of
age, race, color, religion, nationa l origin, disab ility, marital
672 status, familial status, lawful source of income, sex, et=
sexual orientation, or actual or perceived status as a victim
674 of domestic violence, datin g violence, or stalking.

676 (4) Refusing to publish advertising for the sale or rental of


dwellings or requiring different charges or terms for such
678 advertising because of age, race, color, religion, national
origin, disability, marital status, familial status, lawful
680 source of income, sex, ef-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
682 vio lence, or stalking.

684 (d) It shall be unlawful to represent to any individual because ofage,


race, color, religion, national origin, disability, marita l status,
686 familial status, lawful source of income, sex, eF-sexual
orientation, or actual or perceived status as a victim of domestic
688 vio lence, dating violence, or stalking that any dwelling is not
available for inspection, sale, or rental when such dwelling is in
690 fact so available.

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692 (e) It is unlawful, for profit, to induce or attempt to induce any


individual to sell or rent any dwelling by a representation
694 regarding the entry or prospective entry into the neighborhood
of an individual or individuals of a particular age, race, color,
696 religion, national origin, disability, marital status, familial
status, lawful source of income. sex, ~sexual orientation,_Q[
698 actual or perceived status as a victim of domestic violence,
dating vio lence, or stalking.
700
(t) It shall be unlawful, because of age, race, color, religion,
702 national origin, marital status, fam ilial status, disability, lawfu l
source of income, sex, eF-sexual orientation, or actual or
704 perceived status as a victim of domestic violence, dating
violence, or stalking, to restrict or attempt to restrict the choices
706 of an individual by word or conduct in connection with seeking,
negotiating for, buying or renting a dwelling so as to perpetuate,
708 or tend to perpetuate, segregated housing patterns, or to
discourage or obstruct choices in a community, neighborhood or
710 development. Prohibited actions under this subsection that are
generally referred to as unlawful steering practices include, but
712 are not limited to:

714 ( 1) Discouraging any individual from inspecting, purchasing or


renting a dwelling because of age, race, colo r, religion,
716 national origin, disability, marital status, familial status,
lawful source of income, sex, 0f-sexual orientation, or actual
718 or perceived status as a victim of domestic violence, dating
violence, or stalking, or because of the age, race, co lor,
720 religion, national o rigin, disability, marital status, famil ial
status, lawful source of income, sex, 0f-sexual orientation,..QI
722 actual or perceived status as a victim of domestic vio lence,
dating violence, or stalking of individuals in a community,
724 neighborhood or deve lopment.

726 (2) Discouraging the purchase or rental of a dwe lling because of


age, race, color, religion, nationa l origin, disability, marital
728 status, familial status, lawful source of income, sex, et=
sexual orientation, or actual or perceived status as a victim
730 of domestic violence, dating violence, or stalking, by
exaggerating drawbacks or failing to inform any individual
732 of desirable features of a dwelling or of a community,
neighborhood, or development.
734
(3) Communicating to any prospective purc haser that he or she
736 would not be comfortable or compatible with existing

18

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01 /06/2023

residents of a community, neighborhood or development


738 because of age, race, color, religion, national origin,
disability, marital status, familial status, lawful source of
740 income, sex, eF-sexual orientation, or actual or perceived
status as a victim of domestic violence, dating violence, or
742 stalking.

744 ( 4) Assigning any individual to a particular section of a


community, neighborhood or development, or to a particular
746 floor of a building, because of age, race, color, religion,
national origin, disability, marital status, familial status,
748 lawful source o f income, sex, ef-sexua l orientation, or actual
or perceived status as a victim of domestic violence, dating
750 violence, or stalking.

752 (g) It shall be unlawful, because of age, race, color, re lig ion,
national origin, disability, marita l status, familial status, lawful
754 source of income, sex, ~sexual orientation, or actual or
perceived status as a victim of domestic v iolence, dating
756 violence, or sta lking, to engage in any conduct relating to the
prov ision of housing or of services and facilities in connection
758 therewith that otherwise makes unavailable or denies dwellings
to individuals. Prohibited activities relating to dwellings under
760 this subsection include, but are not limited to:

762 ill Discharging or taki ng other adverse action against an


employee, broker or agent because he or she refused to
764 participate in a discriminatory housing practice.

766 ill Employing codes or other devices to segregate or reject


applica nts, purchasers or renters, refusing to take or to show
768 listings of dwellings in certain areas because of age, race,
color, religion, national origin, disability, marital status,
770 fam ilial status, lawful source of income, sex, ~sexual
orientatio n, or actual or perceived status as a victim of
772 domestic violence, dating violence, or stalking, or refusing
to deal with certain broke rs or agents because they or one (I)
774 or more of their clients are of a particular age, race, color,
religion, national origin, disability, marital status, familial
776 status, lawfu l source of income, sex, er-sexual orientation, or
actual o r perce ived status as a victim of domestic violence,
778 dating violence, or stalking.

780 W Denying or delaying the processing of an application made


by a purchaser or renter or refusing to approve such an
782 individual for occupancy in a cooperative or condominium

19

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dwelling because of age, race, color, religion, national


784 origin, disability, marital status, familial status, lawfu l
source of income, sex, eF-sexual orientation, or actual or
786 perceived status as a victim of domestic violence, dating
vio lence, or stalking.
788
(i}_ Refusing to prov ide municipal services or property or hazard
790 insurance for dwellings or providing such services or
insurance differently because of age, race, color, religion,
792 national origin, disability, marital status, familial status,
lawful source of income, sex, Sf-sexual orientation, or actual
794 or perceived status as a victim of domestic vio lence, dating
violence, or stalking.
796
***
798
Section 22-53. Discrimination in the provision of
800 brokerage services.

802 It shall be unlawful to deny any individual access to, or


membership or participation in, any multiple-listing service, real
804 estate brokers' organization, or other service, organization, or
facility relating to the business of selling or renting dwellings, or to
806 discriminate against him or her in the terms or conditions of such
access, membership, or participation, on the basis of age, race, color,
808 religion, national origin, disability, marital status, familial status,
lawful source of income, sex, eF-sexual orientation, or actual or
810 perceived status as a victim of domestic violence. dating violence,
or stalking.
812
Section 22-54. Discrimination in the jina11cing of housing
814 or in residential real estate transactions.

816 (a) It shall be unlawful for any bank, building and loan association,
insurance company, or other corporation, association, firm, or
818 enterprise the business of which consists in who le or in part of
the making of commercial real estate loans to deny a loan or
820 other financial assistance to an individual applying for the loan
for the purpose of purchasing, constructing, improving,
822 repairing, or maintaining a dwelling, or to discriminate against
him or her in the fixing of the amount, interest rate, duration, or
824 other term or condition of such loan or other financia l assistance,
because of the age, race, color, religion, national origin,
826 disability, marital status, fami lial status, lawful source of
income, sex, eF-sexual orientation, or actual or perceived status
828 as a victim of domestic violence, dating violence, or stalking of

20

914
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01 /06/2023

such individual or of any individual associated with him or her


830 in connection with such loan or other financial assistance or the
purposes of such loan or other financial assistance, or because
832 of the age, race, color, religion, national origin, disability,
marital status, familia l status, lawful source of income, sex, ef
834 sexual orientation, or actual or perceived status as a victim of
domestic violence, dating violence, or stalking of the present or
836 prospective owners, lessees, tenants, or occupants of the
dwelling or dwellings in relation to which such loan or other
838 financial assistance is to be made or given.

840 (b) Residential real estate transactions.

842 ( 1) It shall be unlawful for any person or entity whose business


includes engaging in residential real estate transactions to
844 discriminate against any individual in making available such
a transaction, or in the terms or conditions of such a
846 transaction, because of age, race, color, religion, national
origin, disability, marital status, familial status, lawful
848 source of income. sex, er-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
850 violence. or stalking.

852 (2) As used in this subsection, the term ·' residential estate
transaction'' means any of the following;
854
a. The making or purchasing of loans or providing other
856 financial assistance (i) for purchasing, constructing,
improving, repairing, or maintaining a dwelling; or (ii)
858 secured by residential real property.

860 b. The selling, brokering, or appraising of residential real


property.
862
Section 22-55. Exemptions.
864
***
866
(t) Nothing in this article:
868
(1) Prohibits a person engaged in the business of furnishing
870 appraisals of real property from taking into consideration
factors other than age, race, color, religion, national origin,
872 disability, marital status, familial status, lawful source of
income, sex, er-sexual orientation, or actual or perceived

21
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874 status as a victim of domestic violence. dating violence, or


stalking.
876

878
ill Requires a landlord to alter a rental unit to meet any
880 requirement specific to a lawful source of income if such
alteration is not otherwise required by laws applicable to the
882 rental unit.

884 ** *

886 DIVISION 2. ADMINISTRATION AND


ENFORCEMENT
888
***
890
Section 22-57. Complaints-Filing.
892
(a) A person who claims that another person has committed a
894 discriminatory housing practice against him or her may report
the alleged offense to the manager by filing a complaint within
896 ninety (90) days after the date of the alleged discriminatory
housing practice.
898
(b) A complaint shall be in writing, signed under oath, on a form to
900 be supplied by the manager and shall contain the following:

902 (I) Identity, name and address of the respondent(s).

904 (2) Date of alleged offense and date of filing the complaint.

906 (3) General statement of facts of the alleged offense including


the basis of the discrimination (race, color, religion, sex,
908 national origin, disabi lity, familial status, lawful source of
income, et-sexual orientation, or actual or perceived status
910 as a victim of domestic violence, dating violence, or
stalking).
912
(4) Name, address and signature of complainant.
914
***
916
Section 6. Repeal of Laws in Conflict. All local laws and ordinances in conflict with

918 any provision of this ordinance are hereby repealed to the extent of such conflict.

22
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Section 7. Filing of Ordinance and Effective Date. This ordinance shall take effect

920 on March l, 2023.

922 ADOPTED THIS DAY OF _ _ _ _. 20

924
ORANGE COUNTY, FLORlDA
926 By: Board of County Commissioners

928 By: _ _ _ _ _ _ _ _ __
Jerry L. Demings
930 Orange County Mayor

932 ATTEST: Phil Diamond, CPA, County Comptroller


As Clerk of the Board of County Commissioners
934
By:-------------
936 Deputy CIerk

938
S:\DSchottll'ED Scrviccs\Tenant Btll of Rights OrdinancelDrall Ordinances

23
917
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2 ORDINANCE NO. ~2023-_ _

AN ORDINANCE PERTAINING TO RESIDENTIAL


4 TENANCIES AND FAIR HOUSING IN ORANGE COUNTY,
FLORIDA; AMENDING CHAPTER 25, ARTICLE XIII
6 ("LICENSES, TAXATION AND MISCELLANEOUS
BUSINESS REGULATIONS"), ARTICLE X.111 ("RENTAL
8 NOTICES") OF THE ORANGE COUNTY CODE OF
ORDINANCES; AMENDING THE TITLE OF ARTICLE XIII
10 AND CREATING DIVISIONS THEREIN; AMENDING
SECTIONS 25-370, 25-371, AND 25-372 OF THE RENTAL
12 NOTICES ORDINANCECODE TO REFERENCE THE
DIVISION AND CLARIFY APPLICABILITY,
14 ENFORCEMENT AND PENALTIES; ENACTING A NEW
TENANT'S BILL OF RIGHTS ORDINANCE TO BE
16 CODIFIED AT CHAPTER 25, ARTICLE XIU, DIVISION 3
OF THE CODE, SECTION 25-410 THROUGH SECTION 25-
18 449; AMENDING SCHEDULE "A" OF CHAPTER 11
(••CODE ENFORCEMENT"), ARTICLE 111 {"CODE
20 ENFORCEMENT CITATION PROGRAM"), SECTION 11-62
("APPLICABLE CODES AND ORDINANCES") TO
22 PROVIDE ~'OR ENFORCEMENT; AMENDING CHAPTER
22, {"HUMAN RIGHTS"), ARTICLE IV ("FAIR HOUSING")
24 OF THE CODE; PROVlDING FOR,,., PROHIBITION ON
SOURCE OF INCOM:EPROHIBITING DISCRIMINATION
26 IN HOUSING BASED ON ADDITIONAL CATEGORlES;
PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
I 28 PROVIDING FOR SEVERABlblTY; AND PROVIDING FOR
FILING OF ORDINANCE AND EFFECTIVE DATE.
30
WHEREAS, Orange County is experiencing a significant demand for affordable rental
32 housing units; and

34 WHEREAS, the availability of safe and affordable housing is an essential component of


individual and community well-being; and
36
WHEREAS, federal, state, and local laws afford tenants with certain protections and rights
38 including, but not limited to, laws that: (I) ensure that residential dwellings comply with building
codes; (2) establish processes related to residential evictions; and (3) protect tenants from
40 discrimination based on certain classifications; and

42 WHEREAS, various nonprofit entities and federal, state, and local government agencies
I have resources to pro ,•ide assistanee toassist Orange County tenants facing challenges with their
1

44 landlords; and

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46 WHEREAS, despite these rights, protections, and resources, many tenants in Orange
County are unaware of the laws that protect and afford rights to tenants or the steps that tenants
48 can take to seek redress with other agencies or entities; and

50 WHEREAS, the Orange County Board of County Commissioners desires to establish an


Office of Tenant Services and adopt a Tenant's Bill of Rights in order to increase tenant awareness
52 of their rights and to provide guidance to tenants regarding available community resources; and

54 WHEREAS, the Board has budgeted for an Office of Tenant Services for fiscal year 2022-
2023 ; and
56
WHEREAS, the Board agrees that providing accurate information to Orange County
58 tenants concerning existing laws that protect tenants, the rights afforded under such laws, and
connecting tenants to community agencies or other entities can improve housing stability and
60 reduce evictions and homelessness; and

62 WHEREAS, the Board recognizes that while reasonable tenant fees may be a necessary
aspect of the landlord/tenant relationship, it is essential that tenants understand and know the extent
64 of the tenant fees for which they will be responsible; and

66 WHEREAS, government programs exist which assist families, the elderly, veterans, and
persons with disabilities to afford decent and safe housing in the private rental market through
68 financial subsidies including Housing Choice (Section 8) Vouchers and Veterans Affairs
Supportive Housing (VASH) vouchers; and
70
WHEREAS, the U.S. Department of Housing and Urban Development reports that some
72 landlords avoid renting to voucher recipients becau se of the administrative burdens of participating
in such programs and other landlords resist renting to voucher recipients because they perceive
74 this group to be undesirable tenants and/or~ they fear that other tenants would object to voucher
recipients as neighbors, or both ; and
76
WHEREAS, the Board desires to eliminate discrimination in a person's ability to obtain
178 housing based on a person' s lawful source of income for rental pay ments, and prohibit
discrimination against victims of dating violence, domestic violence, and stalking, thereby
80 increasing the number of households who are able to successfully locate safe, affordable, and
accessible housing in Orange County; and
82
WHEREAS, the Board finds that such measures are in the interest of the public health,
84 safety, and welfare.

86 BE IT ORDAINED BY TH E BOARD OF COUNTY COMMISSIONERS OF ORANGE

COUNTY, FLORIDA:

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88 Section 1. Recitals. The recitals set forth above are hereby adopted and incorporated

into the body of this ordinance as if fully set forth herein.

90 Section 2. Amendments to Chapter 25, Article XIII. Chapter 25, Article XIII of the

Orange County Code of Ordinances is hereby amended as follows, with additions being shown by

92 underlines and deletions being shown by strike-throughs:

CHAPTER 25. LICENSES, TAXATION AND


94 MISCELLANEOUS BUSINESS REGULATIONS

***

96 ARTICLE XIII. RESIDENTIAL TENANCIES RENTAL


NOTICES

98 DIVISION 1. RENTAL NOTICES ORDINANCE

Section 25-3 70. Title.


100
This division ~ shall be titled ''Rental Notices
102 Ordinance.''

104 Section 25-371. Required written fair notice of termination


of quarterly and monthly residential
106 tenancies without specific duration; written
notification requirements related to rental
108 payment increases for certain residential
tenancies.
110
(a) A residential tenancy without a specific duration and in which
112 the rent is payable on a quarterly or monthly basis may be
terminated by either the landlord or tenant by giving not less
114 than sixty (60) days ' written notice prior to the end of the
applicable quarterly or monthly period.
116
(b) A residential landlord that proposes to increase the rental rate by
118 more than five-percent (5%) at the end of a lease for a specific
term, or during a tenancy without a specific duration in which
120 the rent is payable on a quarterly or monthly basis, shall provide
sixty (60) days' written notice of the increase to the tenant.
122
(I) Within said sixty (60) day period, the tenant shall either:
124
(i) Accept the rental increase;

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126
(ii) Reach an acceptable compromise on rental amount; or
128
(iii) Reject the rental increase.
130
(2) If the required sixty (60) days' written notice has been
132 provided and the tenant has rejected the rental increase or
failed to reach an acceptable compromise on rental amount,
134 then the landlord may impose the rental increase or require
the tenant(s) to vacate the residence upon the tenancy's
136 termination.

138 (3) The landlord shall retain a copy of the notice and proof of
delivery for a period of one (I) year.
140
(c) The requirements of this division aFtte-1-e shall apply to those
142 residential tenancies subject to Chapter 83, Part IL Florida
Statutes, located within incorporated and unincorporated areas
144 of Orange County. In accordance with Chapter 723, Florida
Statutes, this division aFttele shall not apply to mobile home lot
146 rents in mobile home parks or the related landlord-tenant
relationships.
148
(d) Except for the notice provisions set forth in subsections (a) and
150 (b) above, all other provisions of Part II of Chapter 83, Florida
Statutes, as may be amended, shall govern residential tenancies.
152
Section 25-3 72. Enforcement and Penalties.
154
(a) The Orange County Office of Tenant Services fl-ieighborhood
156 8er¥ioes DivisioA (or suoh suooessor CouAt)' divisioA or
departmeAt respoAsible for the eAforeemeAt of the CouAt)' Code
158 of OrdiAaAoes) is empowered to investigate any situation where
a person is alleged to be violating this division attte-1-e.
160
(b) County employees assigned to the Tl:le OraAge CouAt)'
162 Neigl:lborl:lood 8erYiees Di¥isioA (or suel:l sueeessor CouAt)'
di.,·isioA or departmeAt respoAsible for the eAforoemeAt of the
1164 Count)' Code of Ordinanoes) is Office of Tenant Services and
designated as code enforcement officers by the County shall be
166 considered code enforcement officers authorized to enforce this
division aFtte-1-e through the issuance of a noncriminal civil
168 citation in accordance with Part II of Chapter 162, Florida
Statutes, and the County's Code Enforcement Citation Program
170 contained in Chapter 11, Article 111 of the Orange County Code
of Ordinances.

4
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172
(c) Violations of this division a-ft.iele shall be considered a Class III
174 violation and subject to a fine as provided in Section 11-67 of
the Orange County Code of Ordinances.
176
Sections 25-373-25-379 25 1/119. Reserved.
178
DIVISION 2. RESERVED
180
Sections 25-380 - 25-409. Reserved.
182
Section 3. Enactment of New Chapter 25, Article XIII, Division 3. A new Tenant's

184 Bill of Rights Ordinance, to be codified at Chapter 25, Artic le XIII, Division 3 of the Orange

County Code of Ordinances, Section 25-410 through Section 25-449, is hereby enacted to read as

1186 follows with additions being shown by underlines:

CHAPTER 25. LICENSES, T AXA TION AND


188 MISCELLANEOUS BUSINESS REGULATIONS

***
190 ARTICLE XIII. RESIDENTIAL TENANCIES

***
192 DIVJSION 3. TENANT'S BILL OF RIGHTS ORDINANCE

194 Section 25-410. Title.

196 This division shall be titled "Tenant's Bill of Rights


Ordinance."
198
Section 25-411. Applicabilitv.
200
This division shall be applicable to residential tenancies
202 subject to Chapter 83, Part II, Florida Statutes, that are in existence
on or after this division ' s effective date, and any extensions or
204 renewals of such tenancies. This division shall apply to rental units
located in the unincorporated areas of Orange County.
206
Section 25-4 I 2. Definitions.
208
The following words and phrases, as used in this division,
210 shall have the fo llowing meanings:

5
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212 (ru_ Landlord shall mean the owner or lessor of a dwelling unit and
shall include their agents and employees.
214
ill List of' Tenant Fees shall mean a printed, paper copy, in a font
216 twelve-point or larger and on paper of eight and one-half by
eleven (8½ x 11) inches or larger. of an itemized list of tenant
218 fees. The List of Tenant Fees must include a description of each
tenant fee, the amount that may be charged, and the frequency
220 of which each tenant fee may be charged. If the exact amount of
a tenant fee may vary, then the List of Tenant Fees must include
222 an approximation, or an explanation of how the amount is
calculated, or both . For purposes of this division, if a tenant has
224 consented to receiving and signing documents via electronic
means, then the List of Tenant Fees may be provided to the
226 tenant in electronic form rather than as a printed, paper copy.

228 w_ Notice of Tenant Rights shall mean a printed, paper copy,


available in bet-h-English-aoo. Spanish. and a French-based
230 creole, in font twelve-point or larger and on paper of eight and
one-half by eleven (8½ x 11) inches or larger, of a Notice of
232 Tenant Rights as published by the Office of Tenant Services. For
purposes of this division, if a tenant has consented to receiving
234 and signing documents via electronic means, then the Notice of
Tenant Rights may be provided to the tenant in electronic form
236 rather than as a printed, paper copy.

238 _(g)_ Otfice of'Tenant Services shall mean the Orange County Office
of Tenant Services.
240
W Rent shall mean the periodic payments due to the landlord from
242 the tenant for occupancy under a rental agreement, or is " rent"
as defined in Section 83.43, Florida Statutes, as it may be
244 amended.

246 ill Rental Agreement shall mean an agreement, either written or


oral, by which a tenant is entitled to possess a rental unit in
248 exchange for consideration, or is a "rental agreement" as defined
in Section 83.43, Florida Statutes, as it may be amended.
250
.(g} Rental Unit shall mean a residential housing unit that is or may
252 be occupied by a tenant who does not own the property in
exchange for consideration and by virtue of an agreement with
254 the owner of such residential property, or which is a "dwelling
unit" as defined in Section 83.43, Florida Statutes. as it may be
256 amended. Rental units governed by Chapter 723, Florida

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Statutes, are excluded from this definition and the provisions of


258 this division.

260 .(hl Tenant shall mean a natural person or persons who shall occupy,
attempt to occupy, or inquire about occupying a rental unit in
262 exchange for consideration and by virtue of a written or oral
rental agreement with the owner of such rental unit, or are a
264 "tenant" as defined in Section 83.43, Florida Statutes, as may be
amended.
266
.ill. Tenant Feesshall mean a-charges of any kind that a landlord
268 levies against a tenant in connection with the tenant' s use or
occupancy of a rental unit or premises, except for rent, and shall
270 include, but mayare not-be limited to, late fees, pet fees,
maintenances fees, parking fees, trash fees, and amenity fees.
272
Section 25-413. Office of Tenant Services.
274
.(fil Office established. There is hereby established the Orange
276 County Office of Tenant Services which shall have the powers
and duties enumerated in this section to implement the
278 provisions of this Tenant's Bill of Rights Ordinance.

280 (hl Powers and duties. The duties. functions, powers, and
responsibilities of the Office of Tenant Services shall include,
282 but are not limited to, the following:

284 ill Receiving, processing, and investigating complaints of


alleged violations of this division and the Rental Notices
286 Ordinance codified at Chapter 25, Article XIII, Division I of
the County Code and to conciliate related disputes through
288 conference with the landlord and tenant;

290 ill Coordinating with and referring appropriate matters and


complaints to federal, state, and local agencies or
292 organizations (including legal and other advocacy
organizations) that may have the authority or expertise to
294 address certain housing-related issues;

296 ill Publishing and disseminating information and educational


materials relating to this division, including to landlords to
298 promote their participation in existing affordable housing
programs;
300
ill Conducting trainings and outreach for tenants and landlords;
302

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ill Serving as an advisor on housing related policy matters;


304
.{fil Working to secure grants and other resources to support
306 tenant services:

308 ill Developing resources for landlords and tenants to promote


housing stabil ity;
310
.(fil Serving as a County liaison when engaging with community
312 and professional groups that represent tenants and landlords;
and
314
(2} Performing other administrative duties related to this
316 division as may be assigned by the County Mayor or their
designee.
318
Section 25-414. Notice of Tenant Rights.
320
@l The Office of Tenant Services shall create, maintain, and publish
322 a Notice of Tenant Rights. The Notice of Tenant Rights must
generally include information on tenants' rights under federal,
324 state, and local laws and contact information for local
organizations that are available to assist tenants. The Notice of
326 Tenant Rights must include, at a minimum, information related
to the following:
328
ill Right to notice of termination and notice of rental increases
330 in accordance with the County' s Rental Notices Ordinance
codified at Chapter 25, Article XIII, Division I of the County
332 Code, as amended;

334 ill Right to reasonable notice prior to a landlord ' s entry into a
rental unit in accordance with Section 83.53, Florida
336 Statutes, as amended;

338 ill Right to maintenance of the rental unit in accordance with


applicable building, housing, and health codes pursuant to
340 Section 83.51, Florida Statutes, as amended;

342 ill Prohibition of discrimination in housing in accordance with


Chapter 22, Article IV of the County Code, as amended; the
344 State of Florida' s Fair Housing Act codified at Chapter 760,
Part II, Florida Statutes, as amended; and the federal Fair
346 Housing Act codified at 42 U.S.C. §§ 3601-19, as amended;

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348 ill Right to reasonable accommodations and reasonable


modifications for people with disabilities in accordance with
350 local, state, and federal fair housing laws;

352 (fil Right to the return of a security deposit or written notice of


a claim in accordance with Section 83.49, Florida Statutes,
354 as amended;

356 ill Prohibition of a la ndlord interrupting utility services and


preventing a tenant from gaining reasonable access to the
358 rental unit in accordance with Section 83.67, Florida
Statutes, as amended;
360
.(fil Prohibition of a landlord retaliating against a tenant for
362 purposes including, but not limited to, seeking tenant
services in accordance with Section 83.64, Florida Statutes,
364 as amended; and

366 121 Right to raise defenses to an eviction in accordance with


Section 83.60, Florida Statutes, as amended.
368
fhl Itshall be unlawful for a landlord to a llow a tenant to rent or
370 occupy a rental unit under said landlord ' s control or authority
without first providing the tenant with a copy of the Notice of
372 Tenant Rights.

374 ill For new tenants, the Notice of Tenant Rights must be
provided prior to the commencement of the rental tenn. For
376 existing tenants already occupying a rental unit as of this
division' s effective date, the Notice of Tenant Rights must
378 be provided prior to the commencement of a new or renewed
rental term.
380
ill For tenancies without a specific duration in which the rent is
382 payable on a ·weekly, monthly, or quarterly basis, the Notice
of Tenant Rights must be provided prior to the initial
384 commencement of the rental term and thereafter no less than
once per year.
386
(£} There shall be a rebuttable presumption that a landlord has
388 compl ied with this section if the landlord can provide a written,
dated, and signed affirmation from the tenant stating that the
390 tenant has received a copy of the Notice of Tenant Rights.
Signed affirmations must be retained for at least one ( I) year
392 after the tenant vacates the rental unit.

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394 Section 25-415. list of Tenant Fees.

396 @l Landlords shall provide tenants with a List of Tenant Fees that
includes any and all tenant fees that may be assessed against the
398 tenant. It shall be unlawful for a landlord to assess a fee against
a tenant that was not previously agreed to by the tenant and
400 disclosed in a List of Tenant Fees.

402 ill For new tenants, the List of Tenant Fees must be agreed to
by the landlord and tenant prior to the commencement of the
404 rental term. For existing tenants already occupying a rental
unit as of this division's effective date, the List of Tenant
406 Fees must be agreed to by the landlord and tenant prior to
the commencement of a new or renewed rental term.
408
ill For tenancies without a specific duration in which the rent is
410 payable on a weekly, monthly, or quarterly basis, the List of
Tenant Fees must be agreed to by the landlord and tenant
412 prior to the initial commencement of the rental term .
Thereafter, the landlord shall provide the tenant with a List
414 of Tenant Fees at least sixty (60) days before any new or
additional tenant fees may be assessed.
416
1. Within said sixty (60) day period, the tenant shall either:
418 agree to the new tenant fees; reach an acceptable
compromise on tenant fees; or reject the new tenant fees.
420
!!.:. If the required sixty (60) days' notice has been provided
422 and the tenant has rejected the List of Tenant Fees or
failed to reach an acceptable compromise on tenant fees,
424 then the landlord may impose the tenant fees or require
the tenant to vacate the residence upon the tenancy' s
426 termination.

428 ili} There shall be a rebuttable presumption that a landlord has


complied with this section if the landlord can provide a written,
430 dated, and signed affirmation from the tenant stating that the
tenant has agreed to, and received a copy of. the List of Tenant
432 Fees. Signed affirmations must be retained for at least one ( I)
year after the tenant vacates the rental unit.
434
Section 25-416. Enforcement and Penalties.
436
@l The Office of Tenant Services is empowered to investigate any
438 situation where a person is alleged to be violating this division.

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440 .(hl County employees assigned to the Office of Tenant Services and
designated as code enforcement officers by the County shall be
442 considered code enforcement officers authorized to enforce this
division through the issuance of a noncriminal civil citation in
444 accordance with Part II of Chapter 162, Florida Statutes, and the
County's Code Enforcement Citation Program contained in
446 Chapter 11, Article 111 of the Orange County Code of
Ordinances.
448
{fl Violations of this division shall be considered a C lass Ill
450 violation and subject to a fine as provided in Section 11-67 of
the Orange County Code of Ordinances.
452
Sections 25-417 - 25-449. Reserved.
454
Section 4. Amendments to Chapter 11, Article Ill, Section 11-62. Chapter 11. Article

456 l!1 Section 11-62 of the Orange County Code ("Applicable codes and ordinances" ) is amended to
read as follows, with additions being shown by underlines and deletions being shown by strike-

458 throughs:

See.CHAPTER 11. CODE ENFORCEMENT

460 ***

ARTICLE Ill. CODE ENFORCEMENT CITATION


462 PROGRAM

* **

464 Section 11-62.. Applicable codes and ordinances.

466 A schedule of codes and ordinances, which may be enforced


pursuant to the supplemental code enforcement citation procedures
468 contained herein, is set out directly below as Schedule "A" . Where
a chapter or part of a chapter is referenced, all sections within that
470 chapter or part are subject to enforcement by citation. If a section
within a referenced chapter has a specific penalty identified therein,
472 that more-specific penalty shall prevail so long as it does not exceed
the max imum penalty permitted by F.S. ch. 162, as amended. The
474 schedule of codes and ordinances shall include such codes and
ordinances as they may be from time to time amended, renumbered,
476 codified, or recodified including codes and ordinances enacted
subsequent to the adoption of this article.
478

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7
SCHEDULE "A''

r-
Code
. .
Prov1s1on

Chapter 2,
..
Description

Emergency management
l: J
I

III
Article IX

!
- - -
Adult entertainment establishment
Section 3- IO I II
general operational rules

Section 9-277 Property maintenance


-
I
_J
Chapter 15 Environmental control III

Chapter 18 Fire prevention and protection III

Section 21-3
-Uniform numbering system I

I
I
Vending operation on public right- I
Section 21- of-way or unpermitted vending
II
239 operation on property abutting a
I public right-of-way
-
Landscaping, buffering and open
Chapter 24 I
space

Chapter 25,
Garage Sales I
Article II
1

J
Chapter 25,
Local business taxes II

l~ -
Article Ill

Cha ter 25, . . .


1 A .pl XIII Res,deAttal TeAaAe1es Rental
rt1c e .,_ N . ct· 111
D" . . ot1ces 0 r mance
IVISton 1

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-
480 Chapter 25,
Article XIII, Tenant's Bill of Rights Ordinance ill
Division 3
482

Chapter 28,
Lot Cleaning I
Article II
484
i -
Parking of motor vehicles on
Chapter 28,
residentially and agriculturally II
Article Ill
zoned property
486

Chapter 31.5 Signs 1111


-- -
488 Chapter 32 Solid Waste II

490
Chapter 38 Zoning
I"
492 Section 5. Amendments to Chapter 22, Article IV. Chapter 22, Article IV of the

Orange County Code of Ordinances is hereby amended as follows, with additions being shown by

494 underlines and deletions being shown by strike-throughs:

CHAPTER 22. HUMAN RIGHTS

496 ***
ARTICLE IV. FAIR HOUSING
498
DIVISION l. GENERALLY
500
Section 22-50. Generally.
502
The general purpose of this article is to promote through fair,
504 orderly, and lawful procedure the opportunity for each individual so
desiring to obtain housing of such individual's choice in Orange
506 County without regard to race, color, religion, national origin,
disability, marita l status, familial status, lawful source of income,
!sos sex, er-sexual orientation, or actual or perceived status as a victim

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of domestic violence, dating violence, or stalking, and, to that end,


510 to prohibit discrimination in housing by any person.

512 Section 22-51. Definitions.

514 The following words, terms and phrases, when used in this
article, shall have the following meanings ascribed to them in this
516 section, except where the context clearly indicates a different
meaning:
518
***
520
Lawful source of income shall mean income from: ( I) a
522 lawful profession, occupation or job; (2) any government or private
assistance, grant, loan or housing assistance program or subsidy,
524 including but not limited to Housing Choice {Section 8) Vouchers
and Veterans Affairs Supportive Housing {VASH) Vouchers, Social
526 Security, and Supplemental Security Income; {3) a gift, an
inheritance, a pension or other retirement benefits, an annuity, trust
528 income, investment income, alimony, child support, or veteran's
benefits; or (4) the sale of property or an interest in property.
530
***
532
Victim of dating violence shall mean a person who has been
534 subjected to acts or threats of violence, not including acts of self-
defense, during the course of a significant relationship of a romantic
536 or intimate nature, committed by another under the following
circumstances:
538
(I) The nature of the relationship was characterized by the
540 expectation of affection or sexual involvement between the
individuals; and
542
{2) The frequency and type of interaction between the
544 individuals was on a continuous basis during the course of
the relationship.
546
The term victim of dating violence does not include violence in
548 a casual acquaintanceship or violence between individuals who
only have engaged in ordinary fraternization in a business or
550 social context.

552 Victim of domeslic violence shall mean a person who has


been subjected to acts or threats of violence, not including acts of

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554 self-defense, by a family or household member. For the purposes of


defining this term, "family or household member" shall include:
556
(1) A current of former spouse of the victim;
558
(2) A person related to the victim by bloo<l or marriage;
560
(3) A person with whom the victim shares a child in common;
562
( 4) A person who is presently cohabitating with the victim as if
564 a family or has cohabitated with the victim in the past as if a
family; or
566
(5) A person who is or has continually or at regular intervals
568 lived in the same household as the victim.

570 With the exception of persons who have a child in common, the
family or household members must be currently residing or have
572 in the past resided together in the same single dwelling unit.

574 Victim of'stalking shall mean a victim of acts that constitute


or are deemed under state law to be willful, malicious, and repeated
576 following, harassing, or cyberstalking of another person, or the
making of a credible threat with the intent to place that victim in
578 reasonable fear of death or bodily injury of the person, or the
person' s child, sibling, spouse, parent, or dependent. The term
580 "cyberstalking'' means engaging in a course of conduct to
communicate, or to cause to be communicated, words, images, or
582 language by or through the use of electronic mail or electronic
communication, directed at a specific person, causing substantial
584 emotional distress to that person and serving no legitimate purpose.

586 Section 22-52. Discrimination in the sale or rental of


housing and prohibited practices.
588
(a) It shall be unlawful to refuse to sell or rent after the making of a
590 bona fide offer, to refuse to negotiate for the sale or rental of, or
otherwise to make unavailable or deny a dwelling to any
592 individual because of age, race, religion, national origin,
disability, marital status, familial status, lawful source of
1594 income, sex, eF-sexual orientation, or actual or perceived status
as a victim of domestic violence, dating violence, or stalking.
596
(b) It shall be unlawful to discriminate against any individual in the
598 terms, conditions, or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection therewith,

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600 because of age, race, color, religion, national origin, disability,


marital status, familial status, lawful source of income, sex, ef
602 sexual orientation-:, or actual or perceived status as a victim of
domestic violence, dating violence, or stalking. Prohibited
604 actions under this subsection include, but are not lim ited to:

606 (I) Using different provisions in leases or contracts of sale, such


as those relating to rental charges, security deposits and the
608 terms of a lease and those relating to down payment and
closing requirements, because of age, race, color, religion,
610 national origin, disability, marital status, familial status,
lawful source of income, sex, ef-sexual orientation, or actual
612 or perceived status as a victim of domestic violence, dating
violence, or stalking. Nothing in this subsection prohibits
614 provisions in leases or contracts of sale that are required by
federal, state, or local law, rule, or regulation for a specific
616 lawful source of income including, but not limited to,
Housing Choice (Section 8) Vouchers.
618
(2) Failing or delaying maintenance or repairs of sale or rental
620 dwellings because of age, race, color, religion, national
origin, di sability, marital status, familial status, lawful
622 source of income, sex, 01'-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
624 violence, or stalking.

626 (3) Failing to process an offer for the sale or rental of a dwelling
or to communicate an offer accurately because of age, race,
628 color, religion, national origin, disabi lity, marital status,
familial status, lawful source of income, sex, eF-sexual
630 orientation, or actual or perceived status as a victim of
domestic violence, dating violence, or stalking.
632
(4) Limiting the use of privileges, services or facilities
associated with a dwelling because of the age, race, color,
religion, national origin, disability, marital status, familial
636 status, lawful source of income, sex, 0rsexual orientation.,_Q[
actual or perceived status as a victim of domestic violence,
638 dating violence, or stalking, of an owner, tenant or a person
associated with him or her.
640
(5) Deny ing or limiting services or fac ilities in connection with
642 the sale or rental of a dwelling, because an indiv idual failed
or refused to provide sexual favors.
644

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(c) It shall be unlawful to make, print, or publish, or cause to be


646 made, printed, or published, any notice, statement, or
advertisement with respect to the sale or rental of a dwelling that
648 indicates any preference, limitation, or discrimination based on
age, race, color, religion, national origin, disability, marital
650 status, familial status, lawful source of income, sex, eF-sexual
orientation, or actual or perceived status as a victim of domestic
652 violence, dating violence, or stalking, or an intention to make
any such preference, limitation, or discrimination. The
654 prohibitions in this subsection shall apply to all written or oral
notices or statements by a person engaged in the sale or rental of
656 a dwelling. Written notices and statements include any
applications, flyers, brochures, deeds, signs, banners, posters,
658 billboards or any documents used with respect to the sale or
rental of a dwelling. Discriminatory notices, statements and
660 advertisements include, but are not limited to:

662 (I) Using words, phrases, photographs, illustrations, symbols or


forms which convey that dwellings are available or not
664 available to a particular group of individuals because of age,
race, color, religion, national origin, disability, marital
666 status, familial status, lawful source of income, sex, ef
sexual orientation, or actual or perceived status as a victim
668 of domestic violence. dating violence, or stalking.

670 (2) Expressing to agents, brokers, employees, prospective


sellers or renters or any other individuals a preference for or
672 limitation on any purchaser or renter because of age, race,
color, religion, national origin, disability, marital status,
674 familial status, lawful source of income, sex, ef--sexual
orientation of s1:1eh iAdiYiduals. or actual or perceived status
676 as a victim of domestic violence, dating violence, or stalking.

678 (3) Selecting media or locations for advertising the sale or rental
of dwellings which deny particular segments of the housing
680 market information about housing opportunities because of
age, race, color, religion, national origin, disability, marital
682 status, familial status, lawful source of income, sex, ef
sexual orientation, or actual or perceived status as a victim
684 of domestic violence, dating violence, or stalking.

686 ( 4) Refusing to publish advertising for the sale or rental of


dwellings or requiring different charges or terms for such
688 advertising because of age, race, color, religion, national
origin, disability, marital status, familial status, lawful
J690 source of income, sex, ef--sexual orientation. or actual or

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perceived status as a victim of domestic violence, dating


692 violence, or stalking.

694 (d) It shall be unlawful to represent to any individual because of age,


race, color, religion, national origin, disability, marital status,
696 familial status, lawful source of income, sex, ef-Sexual
orientation, or actual or perceived status as a victim of domestic
698 violence, dating violence, or stalking that any dwelling is not
available for inspection, sale, or rental when such dwelling is in
700 fact so available.

702 (e) It is unlawful, for profit, to induce or attempt to induce any


individual to sell or rent any dwelling by a representation
704 regarding the entry or prospective entry into the neighborhood
of an individual or individuals of a particular age, race, color,
706 religion, national origin, disability, marital status, familial
status, lawful source of income, sex, eF-sexual orientation.,_QI
708 actual or perceived status as a victim of domestic violence,
dating violence, or stalking.
710
(t) It shall be unlawful, because of age, race, color, religion,
712 national origin, marital status, familial status, disability, lawful
source of income. sex, ef-sexual orientation, or actual or
714 perceived status as a victim of domestic violence, dating
violence, or stalking, to restrict or attempt to restrict the choices
716 of an individual by word or conduct in connection with seeking,
negotiating for, buying or renting a dwelling so as to perpetuate,
718 or tend to perpetuate, segregated housing patterns, or to
discourage or obstruct choices in a community, neighborhood or
720 development. Prohibited actions under this subsection that arc
generally referred to as unlawful steering practices include, but
722 are not limited to:

724 (I) Discouraging any individual from inspecting, purchasing or


renting a dwelling because of age, race, color, religion,
726 national origin, disability, marital status, familial status,
lawful source of income, sex, er-sexual orientation, or actual
728 or perceived status as a victim of domestic violence, dating
violence, or stalking, or because of the age, race, color,
730 religion, national origin, disability, marital status, familial
status, lawful source of income, sex, er-sexual orientation,_QI
732 actual or perceived status as a victim of domestic violence,
dating violence, or stalking of individuals in a community,
734 neighborhood or development.

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736 (2) Discouraging the purchase or rental of a dwelling because of


age, race, co lor, religion, national origin, disability, marital
738 status, familial status, lawful source of income, sex, ef
sexual orientation, or actual or perceived status as a victim
740 of domestic violence, dating violence, or stalking, by
exaggerating drawbacks or fai ling to inform any indiv idual
742 of desirable features of a dwelling or of a community,
neighborhood, or development.
744
(3) Communicating to any prospective purchaser that he or she
746 would not be comfortable or compatible with existing
residents of a community, neighborhood or development
748 because of age, race, color, religion, national origin,
disability, marital status, familial status, lawful source of
750 income, sex, er-sexual orientation, or actual or perceived
status as a victim of domestic violence, dating violence, or
752 stalking.

754 ( 4) Assigning any individual to a particular section of a


community, neighborhood or development, or to a particular
756 floor of a building, because of age, race, color, religion,
national origin, disabi lity, marital status, familial status,
758 lawful source of income, sex, eF-sexual orientation, or actual
or perceived status as a victim of domestic violence, dating
760 violence, or stalking.

762 (g) It shall be unlawful, because of age, race, color, religion,


national origin, disability, marital status, fami lia l status, lawful
764 source of income, sex, ef-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
766 violence, or stalking, to engage in any conduct relating to the
provision of housing or of services and facilities in connection
768 therewith that otherwise makes unavailable or denies dwellings
to individuals. Prohibited activities relating to dwellings under
770 this subsection include, but are not limited to:

772 ill Discharging or taking other adverse action against an


employee, broker or agent because he or she refused to
774 participate in a discriminatory housing practice.

776 ill Employing codes or other devices to segregate or reject


applicants, purchasers or renters, refusing to take or to show
778 listings of dwellings in certain areas because of age, race,
color, religion, national origin, disability, marital status,
1780 familial status, lawful source of income, sex, ef-Sexual
orientation, or actual or perceived status as a victim of

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782 domestic violence, dating violence, or stalking, or refusing


to deal with certain brokers or agents because they or one (I)
784 or more of their clients are of a particular age, race, color,
religion, national origin, disability, marital status, familial
786 status, lawful source of income, sex, eF-sexual orientation~
actual or perceived status as a victim of domestic violence,
788 dating violence. or stalking.

790 ill Denying or delaying the processing of an application made


by a purchaser or renter or refusing to approve such an
792 individual for occupancy in a cooperative or condominium
dwelling because of age, race, color, religion, national
794 origin, disability, marital status, familial status, lawful
source of income, sex, eF-sexual orientation, or actual or
796 perceived status as a victim of domestic violence, dating
violence, or stalking .
798
W Refusing to provide municipal services or property or hazard
800 insurance for dwellings or providing such services or
insurance differently because of age, race, color, religion,
802 national origin, disability, marital status, familial status,
lawful source of income, sex, eF-sexual orientation, or actual
804 or perceived status as a victim of domestic violence, dating
violence, or stalking.
806
***
808
Section 22-53. Discrimination in the provision of
810 brokerage services.

812 It shall be unlawful to deny any individual access to, or


membership or participation in, any multiple-listing service, real
814 estate brokers' organization, or other service, organization, or
facility relating to the business of selling or renting dwellings, or to
816 discriminate against him or her in the terms or conditions of such
access, membership, or participation, on the basis of age, race, color,
818 religion, national origin, disability, marital status, familial status,
lawful source of income, sex, eF-sexual orientation, or actual or
820 perceived status as a victim of domestic violence, dating violence,
or stalking.
822
Section 22-54. Discrimination in the financing ofhousillg
824 or in residential real estate transactions.

826 (a) It shall be unlawful for any bank, building and loan association,
insurance company, or other corporation, association, firm , or

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828 enterprise the business of which consists in whole or in part of


the making of commercial real estate loans to deny a loan or
830 other financial assistance to an individual applying for the loan
for the purpose of purchasing, constructing, improving,
832 repairing, or maintaining a dwelling, or to discriminate against
him or her in the fixing of the amount, interest rate, duration, or
834 other term or condition of such loan or other financial assistance,
because of the age, race, color, religion, national origin,
836 disability, marital status, familial status, lawful source of
income, sex, ef--Sexual orientation. or actual or perceived status
1838 as a victim of domestic violence, dating violence, or stalking of
such individual or of any individual associated with him or her
840 in connection with such loan or other financial assistance or the
purposes of such loan or other financial assistance, or because
842 of the age, race, color, religion, national origin, disability,
marital status, familial status, lawful source of income, sex~ ef
844 sexual orientation, or actual or perceived status as a victim of
domestic violence, dating violence, or stalking of the present or
846 prospective owners, lessees, tenants, or occupants of the
dwelling or dwellings in relation to which such loan or other
848 financial assistance is to be made or given.

850 (b) Residential real estate transactions.

852 (I) It shall be unlawful for any person or entity whose business
inc.ludes engaging in residential real estate transactions to
854 discriminate against any individual in making available such
a transaction, or in the terms or conditions of such a
856 transaction, because of age, race, color, religion, national
origin, disability, marital status, fami lial status, lawfu l
858 source of income, sex, er-sexual orientation, or actual or
perceived status as a victim of domestic violence, dating
860 violence, or stalking.

862 (2) As used in this subsection, the term "residential estate


transaction" means any of the following;
864
a. The making or purchasing of loans or providing other
866 financial assistance (i) for purchasing, constructing,
improving, repairing, or maintaining a dwelling; or (ii)
868 secured by residential real property.

870 b. The selling, brokering, or appraisi ng of residential real


property.
872
Section 22-55. Exemptions.

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938
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I I /9120220 I /06/2023

874
***
876
(f) Nothing in this article:
878
(I) Prohibits a person engaged in the business of furnishing
880 appraisals of real property from taking into consideration
factors other than age, race, color, religion, national origin,
882 disability, marital status, familial status, lawful source of
income, sex, et=-sexual orientation. or actual or perceived
884 status as a victim of domestic violence, dating violence. or
stalking .
886
***
888
ill Requires a landlord to alter a rental unit to meet any
890 requirement specific to a lawful source of income if such
alteration is not otherwise required by laws applicable to the
892 rental unit.

894 ***

896 DIVISION 2. ADMINISTRATION AND


ENFORCEMENT
898
** *
900
Section 22-57. Complaints-Filing.
902
(a) A person who claims that another person has committed a
904 discriminatory housing practice against him or her may report
I the alleged offense to the manager by filing a complaint within
906 ninety (90) days after the date of the alleged discriminatory
housing practice.
908
(b) A complaint shall be in w riting, signed under oath, on a form to
910 be supplied by the manager and shall contain the following:

912 (I) Identity, name and address of the respondent(s).

914 (2) Date of alleged offense and date of filing the complaint.

916 (3) General statement of facts of the alleged offense including


the basis of the discrimination (race, color, religion, sex,
918 national origin, disability, familial status, lawful source of
I income, er-sexual orientation, or actual or perceived status

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939
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I I/9/20220 I/06/2023

920 as a victim of domestic violence, dating violence, or


stalking).
922
(4) Name, address and signature of complainant.
924
***
926
Section 6. Repeal of Laws in Conflict. All local laws and ordinances in conflict with

928 any provision of this ordinance are hereby repealed to the extent of such conflict.

Set'lion 7. SeW!,ability. If aAy seetioA, subseetioA, seAteAee, ela1:1se, or proYisioA of this

930 ordiAaAee or the applieatioA thereof to aA)' person or cireumstance is held iAYalid for aAy reasoA,

the iAvalidit)' shall Rot affect an)' other pro>i·isioA or application of this ordiAance, and to this end

932 the pro¥isions of this ordinaAce are declared se>verable.

Section 8.Section 7. Filing of Ordinance and Effective Date. This ordinance shall take

934 effect on March I, 2023.

936 ADOPTED THIS DAY OF _ _ _ _, 20_

1938

940 ORANGE COUNTY, FLORJDA


By: Board of County Commissioners
942
By: - - - - - -- - -
944 Jerry L. Demings
Orange County Mayor
1946
948 ATTEST: Phil Diamond, CPA, County Comptroller
As Clerk of the Board of County Commissioners
950
By: - -- - -- - - - -- -- -
952 Deputy Clerk

954
S :\DSchott\PED Serviccs\Tcnant Bill of Rights Ordinance\ Draft Ordinances

23
940

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