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HomeMy WebLinkAboutAggarwall 1st Modification to Development Agreement -2005 08 25 ,- 10.0..................,. Prepared by and should be return to: MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 05886 PGS 0817-0819 CLERK*S # 2005151198 RECORDfD 09/02/2005 02:24:57 P" RECORDING FEES 27.00 RECORDED BY G Ha~fo~d Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D' Agresta, P.A. PO Box 2873 Orlando, Florida 32802-2873 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOP ENT AGREEMENT ("First Modification") is made and entered into this /~day of , 2005, by and between the CITY OF WINTER SPRINGS, a Florida Munici al Corporation ("CITY") and AGGARWAL PENSION TRUST FUND (hereinafter collectively referred to as "DEVELOPER"). WITNESSETH: WHEREAS, the City and Developer have entered into a Binding Development Agreement , dated June 28, 2004 for the development of Developer's Property located along State Road 434 in the City of Winter Springs, Florida. Said Binding Development Agreement is recorded in Official Record Book 05832, pages 1136 - 1145 of the Seminole County, Florida Public records ("Development Agreement"); and WHEREAS, in accordance with the Development Agreement, the City's City Commission approved final engineering plans for the development on June 28, 2004; and WHEREAS, pursuant to section 9-346, City Code, the City Commission's approval of the final engineering plans has expired because Developer failed to commence construction within one (I) year of said approval; and WHEREAS, per section 9-346, Developer has requested two six month extensions of time in which to complete the development in accordance with the prior approval of the City Commission; and WHEREAS, the City Commission desires to grant Developer's request for an extension by granting two (2) consecutive six month extensions under the terms and conditions of this First Modification. NOW THEREFORE, in consideration ofthe mutual promises set forth hereunder, and other good and valuable consideration, which the parties acknowledge has been exchanged, the parties City of Winter Springs/Aggarwal Pension Trust Fund First Modification of Development Agreement Page 1 of 3 agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein as a material part ofthis Agreement. Section 2. Amendment to Development A~reement. The following paragraph is added to the Development Agreement: 22. Time Period to Commence Construction. Developer shall have until July 28, 2006 to commence construction of the development project which is subject to the Development Agreement and the Final Engineering Plans approved by the City Commission on July 28, 2004, unless such time period is extended at the discretion of the City Commission in accordance with section 9-346 of the City Code. If Developer fails to commence construction within said time period, the Development Agreement, all modifications thereto, and the Final Engineering Plan shall automatically be declared null and void. Section 3. Other Provisions. All other provisions of the Development Agreement not in conflict with the provisions of this First Modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST CITY OF WINTER SPRINGS )~ ~j, (LZ- Date:~ City of Winter Springs/Aggarwal Pension Trust Fund First Modification of Development Agreement Page 2 of 3 .. . ., Approved as to legal form and sufficiency for the City of Winter Springs Only A ~. ,. Anthony A. Garganese, City Attorney WITNESSES ENSION TRUST FUND 1~ I~~~ PrintNarnf' ~()Yl &1"1 ~~i Date: 01(j" ~~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ay of/l U UtLJt, 2005 by Kuldeep Aggarwal, Trustee of Aggarwal Pension Trust Fund, who is ..Qersonally ~- me or produced as identification and who did not take an oath. (NOTARY SEAL) ZENAIDA I. NEGRON MY COMMISSION II DO 170093 EXPI RES: Januaty 25, 2007 Bonded Thru NoIary Public UndelWriters Typed or Printed Notary N e Commission No.:.DD 17ocA.3 My commission expires: ~ -;;;)S' atXJl ~--.. J City of Winter Springs/Aggarwal Pension Trust Fund First Modification of Development Agreement Page 3 of 3 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. A~o,~ ys at ~~ Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Suzanne D'Agresta° Cocoa &Viera Joseph E. Blitch Anthony A. Garganese" Jeffrey S. Weiss ~ Victoria L. Cecil - Scott J. Dornstein Andrew M. Fisher %r ~"' Katherine W. Latorre ~p ~ ~ ~.~:;4p 'Board Certified Civil Trial Lawyer Amy J. Pitsch "Board Certified City, County & Local Government Law o' ~ Y ~ >t vvrnd t r_ ~, ;;, ,, ~ „~~y - GF°(=7Ct: O( 1 F q.: C;I I"Y CLERK Erin J. O'Leary J. W. Taylor Of Counsel September 20, 2005 VIA U.S. MAIL Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: First Modification to Development Agreement City of Winter Springs / Aggarwal Pension Trust Fund Dear Andrea: Enclosed please find the original recorded above referenced agreement. This original is being provided to your office for safekeeping. Should you have any questions, do not hesitate to call. Very truly yours, Anthony A. Garganese City Attorney AAG/slb Enclosure 8bNE0 lQOR MR. OARGANE8E IN H18 ABSENCE TO AVOIp pELAY. 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa &Viera (866) 425-9566 Website: u/ww.orlandolaw.net • Email: firm@orlandolaw.net