Approval of Minutes The Committee reviewed the minutes from the September 13, 2017 Roadway Agreement Committee (RAC) Meeting.

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1 Interoffice Memorandum Minutes Roadway Agreement Committee Public Works Main Conference Room Members Present: Jim Harrison - Chairman - Assistant County Administrator Raymond Williams - Public Works Engineering Division Renzo Nastasi - Transportation Planning Division Diana Almodovar - Development Engineering Division Christine Lofye - Traffic Engineering Division Paul Sladek - Real Estate Management Division John Smogor - Planning Division County Staff Present: Roberta Alfonso - County Attorney's Office Yahaira Gines-Rios - Public Works Engineering Division Susan Martin Risk Management Division Heather Brownlie Transportation Planning Division Rita Gonzalez - Transportation Planning Division Mr. Harrison called the meeting to order at 1:35 p.m. Public Comment Mr. Harrison inquired as to Public comment; there were no members of the public present who wished to speak. Approval of Minutes The Committee reviewed the minutes from the September 13, 2017 Roadway Agreement Committee (RAC) Meeting. Mr. Smogor made a motion, with a second by Ms. Almodovar to approve the September 13, 2017 Roadway Agreement Committee Meeting minutes no changes. Motion carried unanimously. Activity Summary Heartwood PD to be scheduled to the Board of County Commissioners after Community Meeting is held. Fire Creek at Gotha Proportionate Share Agreement Road Affected: Park Ridge Gotha Road Present: Allison Turnbull, Robert Paymayesh Previous RAC: 6/12/2017 Staff Present: None Real Estate Management confirmed the $65,000 per acre value provided in the appraisal. Page by Page review: Page 1 Need prepared by completed

2 Page 2 Double check whether Phillips has apostrophe Line 39 second instance of "owners" should be lower case Page 2 Add entity names for owners in Header Line 45 remove "s" from "intends" Line 47 change "has" to "have" Line 51 owner that received CEL to be identified Line 69 change "trips" to "trip" Page 3 Line 79 add "," after "2" Line 89 rounding issue when adding up 3 table values; change "Six" to "Nine" and "6" to "9", should be $152,759. Line 120 need date for Study Line 128 add "s" to "Segment" Line 129 remove "w2" extraneous characters Line 131 change "(d)" to "(h)" Line 148 change "Payment" to "Amount" Line 154 change "has" to "have" Line 163 remove reference to Exhibit for appraisal Line 190 add "Prior to or" after "Owners" and change to smaller case "A" Line 191 delete "s" in "Owners" Add a Hold Harmless statement and Indemnification language in the event the roundabout is opened to the public prior to conveyance to County. Exhibit C Legal and Sketches need to still be submitted. Mr. Nastasi asked for a plan sheet to be included as an exhibit showing the roundabout. Ms. Turnbull to include a graphic stating generally depicted on Exhibit after Section 2(c). Timing for construction and conveyance was discussed, add standard language for plat or deed in a form acceptable to the County. Need to include E-permit language potentially but the Committee agreed not to include in this instance. Page 6 Line strike "in return for Project" Line 235 strike "s" in "understands" and "agrees" The objective is to get credits in the amount of the Proportionate Share Amount. Mr. Sladek commented on signature block set up.

3 Page 3 Ms. Almodovar made a motion, with a second by Mr. Smogor to approve the Fire Creek at Gotha Proportionate Share Agreement subject to changes and revised exhibits, subject to final review and approvals before scheduling to BCC. Motion carried unanimously. Mr. Harrison asked for a nomination for a Vice-Chair; Ms. Almodovar nominated Mr. Nastasi as the Chair Pro-Tempore for today's meeting. Seconded by Mr. Smogor. Motion carried unanimously. Expressway Center PD Agreement Road Affected: Chickasaw Trail and Winter Song Drive Present: Rebecca Wilson, Marc Gauther Previous RAC: 8/2/2017 Staff Present: None Ms. Wilson explained code issue with this timing of the credits for the project. The added language provides for a cash refund of the credits after making a payment. Ms. Alfonso stated 23-95(d) provides for refund once credits accrue if the payment is already made; if provided by agreement. Page 3 Line 64 remove "in the future" Section 3 restore the language with modification. Timing of credits is after completion of signal and acceptance by County. Section 6 language needs to be modified Page 7 Line 162 strike "the conveyed Lands or" and "other" Page 10 Line repeated sentence strike one instance Mr. Smogor made a motion, with a second by Mr. Sladek to approve the Expressway Center PD Agreement subject to changes, subject to final review and approvals before scheduling to BCC. Motion carried unanimously. Windermere Village, LLC Proportionate Share Road Affected: Winter Garden-Vineland Road Present: Vasu Prasad Previous RAC: None Staff Present: None Mr. Prasad stated that he has been concerned with the methodology used in the past and is working with staff on revising the value and calculations of proportionate share.

4 Looking forward to returning to the next Roadway Agreement Committee meeting with a draft agreement for the Committee to review. Mr. Nastasi stated that the type of use was not reflected in the ITE and Applicant completed additional data collection to be able to differentiate the different trip generation using actual use. This project will be rescheduled to the next Roadway Agreement Committee agenda. First Amendment to Vineland Pointe PD Road Affected: Vineland Avenue Present: Greg Lee, Natalie Prager, Abdul Alkadry, Pete Bergner Previous RAC: 10/12/2016, 10/26/2016, 11/9/2016 County Staff Present: Ken Leeming Mr. Lee outline the changes necessitated through the course of the project. Mr. Leeming agreed that the Scope has been finalized. Mr. Harrison asked for some assurance as to how the County will be guaranteed to get the road finished. Obtaining the right-of-way is one of the biggest challenges. Offering a contingency for obtaining easements and putting construction funding in escrow. Form of Easements may not be amenable to landowners. Mr. Lee wants to use TCE's in most cases along with drainage easements and sidewalk easements. It is critical for the owners to have the road completed as soon as possible. Construction Contract signed prior to Certificate of Occupancy and funds in escrow is what Mr. Nastasi is seeking. Mr. Lee stated that would restrict the project and jeopardize the ability of the project to open timely; would like to discuss further. Line 4 strike "to be", "Orange" and "Public Works"' should be "the County " Line 5 strike "a minimum or" Line 6 remove the reference to S.C.A.L.E. entirely Mr. Leeming to determine with review of 60% design plans in near future if any right-of-way or permanent easements will be needed which will necessitate a modified PDS to be undertaken as part of the Scope. Modified PDS to provide for minimum S.C.A.L.E. requirements.

5 Revised Preliminary Cost Estimate to be submitted for County review to form the basis for the funds to be placed in escrow. Cost estimate to include appraisal values for outstanding easements needed. Line 29 4 Million value contemplates construction contract Value will need to be increased based on revised cost estimate and the Cost Estimate would need to be attached as an Exhibit. Line 1 strike "interest bearing" for escrowed funds Line 19 through top of Page 7 rewritten verbatim from original agreement so only need to reference not restate. Discussion of current agreement terms and how the developer had the option to put funds in escrow and move forward under the original agreement. Nine (9) parcels are all that needs to be acquired. Possibility to re-design portions of the road as necessary to be able to construct the road. Mr. Lee requested to return to RAC on 10/11/2017 with a revised agreement including language to change the requirement for vesting to be escrowed funds rather than construction contract. Mr. Lee to meet with Mr. Sladek and Mr. Alkadry to meet with Mr. Leeming. Mr. Leeming to perform a risk assessment moving forward so they can have some assurance. This project will be rescheduled to the next Roadway Agreement Committee agenda. Village H Horizon West Road Network Global Third Amendment Development: Seidel West Developer: D.R. Horton, Inc. Road Affected: CR 545 Avalon Road Present: Miranda Fitzgerald, Jim Cooper Previous RAC: 9/19/2012, 10/3/2012, 10/9/2012, 10/23/2012, 11/14/2012, 9/17/2014, 11/12/2014, 12/10/2014, 1/7/2015 Also Present: David Brown, M/I Homes, Teri Bowley Ms. Fitzgerald outlined the major issues to be addressed: Split threshold 3 into 3A & 3B 3A owners to convey right-of-way and get 34% of Trip Credits 3B County to acquire Eminent Domain and owners to commence construction and get 66% of Trip Credits Issue of not having sufficient credits all along, proposed getting 75% in credits in advance with construction contract funded and Pre-Con held so no longer need to Pay Under Protest and can get refunds back.

6 Page 6 Discussion regarding Village F structure ensued. RCID requires a $90k plus drainage permit fee which needs to be paid by the developer but RCID will not contract with a third party. Need language to release funds from the amount held in escrow. Ms. Fitzgerald stated getting 718 trips for both 3A & 3B will be oversubscribed. Review of Third Amendment page by page. Page 1 Replace Spring Grove Properties with K. Hovnanian entity. Section 3A change "submit" to "provide" Page 7 Last line, change "is" to "in" Page 9 Add "or deed" in Section 12.3 Page 11 Subsection (v) add Pre-Construction Conference Ms. Fitzgerald to include language for RCID permit fees to be allocated from fees paid. This project will be reschedule to the next Roadway Agreement Committee meeting. Mr. Harrison adjourned the meeting at 4:57 p.m. Section , Florida Statutes states that if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he 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 business days prior to the proceeding, he or she should contact the Orange County Communications Division at (407) Para mayor información en español, por favor llame al (407)