The Apopka City Council approved on Wednesday a second amendment to the Kelly Park Road funding agreement, officially adding RCS Construction Company of Central Florida to the list of approved contractors for the interchange’s construction.  

Also known as the pioneering agreement, the roadway funding agreement leverages contributions of developers known as pioneers, who put money into work on Kelly Park Road Interchange.  

“We’ve been asked to add to the list of approved contractors a company called RCS because apparently, there’s been some good experiences with the company,” city attorney Cliff Shepard told the City Council. “They’ve been low bidder in a number of jobs, and they do quality work.” 

The current pool of funds is at an estimated $15 million, with the agreement allowing for the total to climb up to $20 million if more properties are added. 

The city and co-developers executed the pioneering agreement in June 2023 and amended it in early 2025.  

Commissioner Nick Nesta asked about the acquisition of rights-of-way, specifically bringing up the privately-owned “RJR parcel.” Shepard explained that the RJR already closed, while another will soon close with final title work wrapping up.  

A third parcel, which Shepard said all parties involved call “the dentists,” remains unresolved due to concerns about road configuration.

On Dec. 4, Shepard met with one of the property owners, who operates under an entity called “Kelly Park Self Storage,” whose land is needed for the Kelly Park Road expansion. No building exists on the property, but a storage facility is planned for it.  

No outcome came from that meeting, and further meetings would be required between the property owners and their representatives, and the road designers, contractors and engineers, according to Shepard.  

“The outcome is still up in the air because there will be more meetings required with the people who are designing the road and the property owners’ representatives to determine whether they can come to an adequate solution that satisfies the property owners’ concerns,” Shepard said in an interview Monday.  

Only after a design-related agreement is reached could Shepard prepare a contract to acquire the portion of the property needed for the road, including the payment amount. Shepard said the parties were trying to schedule a follow-up meeting to resolve that matter, but he does not have a timeline for when an agreement may be reached.  

“I do not know when that will occur, and certainly I hope it’s soon, because we obviously need to get this done one way or the other, and soon,” Shepard said. 

During the council meeting, Nesta also asked about the provision in the pioneering agreement regarding more funding if costs go past expectations of the project.  

Shepard said that the $9.7 million in impact fees collected may be used to cover any shortfalls, but only if the pioneers agree to it. He added that he, Mayor Bryan Nelson and city staff met with the pioneers several weeks ago about the impact fees used for this purpose. Afterward, Shepard said, the pioneers separately dispatched their own written communication to the city saying they’re okay with the usage of impact fees if necessary.  

The Kelly Park Road Interchange is a major road construction project around Kelly Park Road, meant to improve traffic movement, support continuing development in the area, and satisfy future transportation needs.  

Joseph Beninati, developer and founder of the Wyld Oaks development, said at the City Council meeting that the Kelly Park Road Interchange project is now fully funded, a fixed-price contract with RCS has been proposed, and the bidding process was thorough and competitive. The project has a $1.8 million contingency fund, according to Beninati. 

Wyld Oaks is a 215-acre mixed-use development currently under construction, located off the 429 Beltway and the West Kelly Park Road Interchange.  

“We have to amend this agreement, because when we signed the pioneering agreement, there were other pre-approved vendors that had also earned a solid track record in Apopka for site work,” Beninati said. “So, we wanted to give them [RCS] the opportunity to bid on this project.”  

During public comment, resident Albert McKimmie pointed out what he observes as the city’s lack of transparency and the likelihood that delays and increasing costs on Kelly Park Road will take away funds from Golden Gem Road and other infrastructure projects. McKimmie said the city must address Golden Gem Road as a whole infrastructure, not just in sections. 

“They’ve not been forthcoming with information, and there’s a lot of questions that I have that remain unanswered,” he said.  

Resident Rod Olsen pointed out how per the first pioneering agreement no certificates of occupancy would be issued until Kelly Park Road was brought up to standard, yet certificates of occupancy have been given to new developments despite the lack of Kelly Park Road improvements.  

Olsen also commented on what he sees as a lack of transparency from Nelson, Shepard and city staff to the city commissioners.  

“The other thing that concerns me is to have one of the commissioners raised the fact that we have information that the mayor has or administration has and the attorney has, but you [the commissioners] don’t, and you’re the ones making the decision,” he said.  

Editor’s note: This story has been updated to include more information from Cliff Shepard.