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Apopka council adds RCS to Kelly Park Road contractor list, approves amendment to pioneer funding agreement
Summary
The council unanimously approved a contract amendment to add RCS Construction to the list of preapproved contractors for the Kelly Park Road interchange and confirmed the current developer funding pool (about $15M, with potential to reach $20M if more properties join). Public commenters and developers described fixed-price bids and contingency funds.
The City of Apopka council voted unanimously on Dec. 3 to approve a second amendment to the roadway funding (pioneer) agreement for the Kelly Park Road interchange that adds RCS Construction Company of Central Florida to the list of preapproved contractors. Cliff Shepherd, the city attorney/consultant, said the amendment simply enlarges the list of approved firms that can perform site work under the existing agreement.
Developer representatives and the project’s engineer told the council the Kelly Park Road project is fully funded and that they hold firm bids. Joe Benenati of Wild Oaks said the team has a fixed-price bid and a contingency of about $1.75 million, and described a four-lane roadway with 10-foot sidewalks and landscaped easements. “We are now fully funded with firm bids in our hands,” Benenati said during public comment.
Commissioners pressed staff on the funding structure: whether impact fees could be used to cover cost overruns, how attorney and closing costs are charged, and whether eminent-domain actions might be necessary for remaining right-of-way acquisitions. Shepherd said the developer pool currently stands at roughly $15 million and could reach $20 million only if additional parcels are annexed and join the pioneers; he also said about $9.7 million of impact fees have already been collected for the project. He described a path in which any use of impact fees to cover shortfalls would require pioneer sign-off because those fees also serve to repay pioneers’ initial contributions.
Several residents urged better transparency and earlier availability of agenda materials; one asked that developer emails and related documents be shared with the full council. City staff agreed to make copies available to commissioners. After receiving public input and answers from staff and developers, Commissioner Anderson moved to approve the amendment; Commissioner Smith seconded, and the motion carried unanimously.
Next steps include finalizing remaining right-of-way closings and, where needed, executing the contracting party arrangement (whether the city or a designated entity will be the contracting party). Shepherd said one closing might complete within a week and that staff would provide updates to the council.
