HomeMy WebLinkAboutAggarwall Pension Trust Fund Binding Development Agreement -2004 07 26
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~ Anthony A. Garganese, Esq.
City Attorney of Winter Springs
Brown, Salzman, Weiss, & Garganese, P.A.
POBox 2873
Orlando, FL 32802-2873
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT is made and executed this 28th
day of June 2004, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and AGGARWAL PENSION TRUST FUND ("Aggarwal"), whose address
is 1056 Edmiston Place, Longwood, Florida 32779.
WITNESSETH:
WHEREAS, Aggarwal is constructing an addition to Village Market Place
Shopping Center located within the City of Winter Springs, Florida, consisting of the
following:
(a) Construction of an additional 27,000 square foot building;
(b) Inclusion of additional landscaping, re-stripping, paved curbs and
adding green area to parking lot.
(c) Adding of new lighting; and
WHEREAS, AGGARWAL, as part of the construction as set forth above, has
agreed that the town center image for Winter Springs will be retained consistent with the
beautification corridor located within the City; and
WHEREAS, pursuant to the site plan approval of the City of Winter Springs City
Commission on the 28th day of June, 2004, Aggarwal desires to facilitate the orderly
addition to the existing shopping center (the "SHOPPING
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CENTER") on the subject property (defined in Section 3 below) as depicted in the site
plan. Said site plan is on file with the City Clerk's office and is hereby fully incorporated
herein by this reference ("the Site Plan") in compliance with the laws and regulations of
the City; and
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement ("Agreement") with Aggarwal for the addition to the Village
Market Place Shopping Center; and
WHEREAS, in addition to Aggarwal's compliance with all City codes, permitting
and construction not in conflict herein, the City and Aggarwal desire to set forth the
following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by
this reference.
Section 2. Authority. This Agreement is entered into pursuant to the Florida
Municipal Home Rule Powers Act and Section 20-490 of the City of Winter Springs
Code.
Section 3. Subiect Property. The real property ("Subject Property") which is
subject to, and bound by, the terms and conditions of this Agreement is legally
described on Exhibit "A" attached hereto and made a part hereof by reference.
Section 4. Representations of Aaaarwal. Aggarwal hereby represents and
warrants to City that Aggarwal has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action
to authorize the execution, delivery and performance of this Agreement. This
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Agreement will, when duly executed and delivered by Aggarwal and recorded in the
Public Records of Seminole County, Florida, constitute a legal, valid and binding
obligation enforceable against Aggarwal and the Subject Property in accordance with
the terms and conditions of this Agreement. Aggarwal represents it has voluntarily and
willfully executed this Agreement for purposes of binding the Property to the terms and
conditions set forth in this Agreement.
Section 5. Obliaations and Commitments. In consideration of the City and
Aggarwal entering into this Agreement, the City and Aggarwal voluntarily agree as
follows:
a) Buffer Wall. Aggarwal shall construct a buffer and wall in
compliance with Section 20-469 Buffers and Walls, Winter Springs Land Development
Code. However, in accordance with the variance authority set forth in Section 20-490 of
the City Code, Aggarwal shall be permitted to eliminate 435 linear feet of the required 6
foot (measured from grade level) CMU wall along the northwest property line of the
Subject Property. Additionally, Aggarwal shall be excused from placing any required
buffer between the existing retention pond located on the adjacent multi-family property
and the retention ponds on the Subject Property.
b) Tree Ordinance. Aggarwal shall comply with the requirements of
the City's Arbor Ordinance contained in Chapter 5 of the City Code, and the landscape
requirements for the S.R. 434 Redevelopment Area set forth in Section 20-480 et seq.
of the City Code, as said codes may be amended from time to time. In accordance with
the variance authority set forth in Section 20-490 of the City Code, Aggarwal shall be
permitted to utilize canopy trees with a height of 12 feet rather than the required 16 feet
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in height under Table 2 of the recommended tree pallet for the S.R. 434 Redevelopment
Area.
c) Sian. Pursuant to Section 20-470(18) of the City Code and in
conjunction with the construction of the additional 32,000 square foot (gross area)
building, Aggarwal agrees to bring all exterior signage on the Subject Property into
compliance with the S.R. 434 Redevelopment sign requirements set forth in Section 20-
470 of the City Code. Aggarwal will remove the existing non-conforming pole sign and
be permitted to install two monument signs under a separate permit that would conform
with the SR 434 redevelopment standards set forth in the City Code, i.e., 10 feet set
back from property line, 14 feet high, 48 sq. ft. copy area with a minimum distance of
200 feet between them. The Code requires a frontage of 500 feet, and even though
Aggarwal has a frontage of 460 feet, they will be permitted to construct the two new
signs. Planters shall be installed at the base of the new sign per the City's
requirements.
Section 6. Successors and Assigns. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of each of the
parties.
Section 7. Applicable Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida.
Section 8. Amendments. This Agreement shall not be modified or amended
except by written agreement duly executed by both parties hereto and approved by the
City Commission.
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Section 9. Entire Aareement. This Agreement supersedes any other agreement,
oral or written, and contains the entire agreement between the City and Aggarwal as to
the subject matter hereof.
Section 10. Severabilitv. If any provision of this Agreement 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 the validity or enforceability of the remainder of this
Agreement.
Section 11. Effective Date. This Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this
Agreement by both parties.
Section 12. Recordation. This Agreement shall be recorded in the public
records of Seminole County, Florida, and shall run with the land.
Section 13. Relationship of the Parties. The relationship of the parties to this
Agreement is contractual and Aggarwal is not an agent of the City. Nothing herein shall
be deemed to create a joint venture or principal-agent relationship between the parties,
and neither party is authorized to, nor shall either party act toward third parties or to the
public in any manner which would indicate any such relationship with the other.
Section 14. Sovereian Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under 9768.28, Florida
Statutes, or any other limitation on the City's potential liability under State and Federal
law.
Section 15. City's Police Power. Aggarwal agrees and acknowledges that the
City hereby reserves all police powers granted to the City by law. In no way shall this
Agreement be construed as the City bargaining away or surrendering its police powers.
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Section 16. Interpretation. The parties hereby agree and acknowledge that they
have both participated equally in the drafting of this Agreement and no party shall be
favored or disfavored regarding the interpretation to this Agreement in the event of a
dispute between the parties.
Section 17. Permits. The failure of this Agreement to address any particular
City, County, State and Federal permit, condition, term or restriction shall not relieve
Aggarwal or the City of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction.
Section 18. Third Party Riahts. This Agreement is not a third party beneficiary
contract and shall not in any way whatsoever create any rights on behalf of any third
party.
Section 19. Specific Performance. Strict compliance shall be required with each
and every provision of this Agreement. The parties agree that failure to perform the
obligations provided by this Agreement shall result in irreparable damage and that
specific performance of these obligations may be obtained by suit in equity.
Section 20. Attorney's Fees. In connection with any arbitration or litigation
arising out of this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs through all appeals to the extent permitted by law.
Section 21. Development Permits. Nothing herein shall limit the City's authority
to grant or deny any development permit applications or requests subsequent to the
effective date of this Agreement. In addition, nothing herein shall be construed as
granting or creating a vested property right or interest in Aggarwal or on the Subject
Property.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date first above written.
Witnesses:
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Witness #1 Print Name
ss #2 Signature
V\V\o.(J CQ~ell()n
Witness #2 Printed Name
As to AGGARWAL
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CITY OF WINTER SPR1NGpjI~5~rida
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J F. BUSH>;3~aJ'dr'f \' : ~ ~.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared KULDEEP
AGGARWAL, as Trustee of the AGGARWAL PENSION TRUST FUND, known to me to
be the person described in and who executed the foregoing instrument, who
acknowledged before me that he executed the samj' and that I relied upon the
following identification of the above-named person: JGJ eef A5J,w 6.-1 .
Witness my hand and official seal in the County and State last aforesaid this
day of April 2004.
"'R*':r~o;;.. JOSEPH BARR
{.."tit;,.:.~:; MY COMMISSION # DD 251669
~;~i4 EXPIRES: September 18, 2007
~1'1,9fu~~\\\'" Bonded Thru Notary Public Underwriters
NOTARY STAMP/SEAL
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared JOHN F. BUSH,
Mayor of the City of Winter Springs, known to me to be the person described in and who
executed the foregoing instrument, who acknowledged before me that he executed the
same, and that I relied upon the following identification of the above-named person:
John F. Bush
Witness my hand and official seal in the County and State last aforesaid this
26th day of July , 2004.
NOTARY STAMP/SEAL
Mt /
Notary Signature
My Commission Expires:
iJ"'- Debra C. Franklin
. ~ . My Commiaaion D02t2I71
~.. ,,:.1 Expires Februaty 22. 2008
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EXHIBIT A
LEGAL DESCRIPTION
(AS PROVIDED BY CLIENT)
PARCEL 1
A TRACT Of" LAND LYING IN SECTION 34, TO'JNSHIP 20 SOUTH, RANGE 30 EAST,
SEMINOLE COUNTY, f"LORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS f"OLLO'JSI
f"ROM THE POINT Of" INTERSECTION Of" THE CENTERLINES Of" MOSS ROAD AND THE
LONG'JOOD-OVIEDO ROAD, RUN S.88^23' 42'E. 701.16 f"EET ALONG THE CENTERLINE Of"
THE LONG'JOOD-OVIEDO ROAD, THENCE N.01^36'18'E. 351.56 f"EET TO THE POINT Of"
CURVATURE Of" A CURVE CONCAVE EASTERLY HAVING A RADIUS Of" 924.31 FEET AND A
CENTRAL ANGLE Of" 10^48'55', THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE
Of" 174.474 f"EET TO A POINT, SAID POINT HAVING A TANGENT BEARING OF
N.12^25'13'E. AND ALSO BEING THE POINT OF BEGINNING, THENCE CONTINUE
NORTHEASTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13^36'53' 219.636
f"EET TO THE POINT OF TANGENCY Of" SAID CURVE, THENCE N.26^02'06'E, 143.08 FEET,
THENCE S.57^57'15'E. 227.52 f"EET, THENCE S.01^36'18''J. 293.94 FEET, THENCE
N.88^25'42''J. 16.09 f"EET, THENCE S.01^36'18''J. 289.88 f"EETJ THENCE
N.88^23'42''J. 197.00 FEETJ THENCE N.Ol^36'18'E. 360.00 FEET, THENCE
N.88^23'42''J. 108.582 f"EET TO THE POINT Of" BEGINNING.
AND
PARCEL 2
A TRACT Of" LAND LYING IN SECTION 34, TO'JNSHIP 20 SOUTH, RANGE 30 EAST,
SEMINOLE COUNTY, f"LORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS f"OLLO'JSI
f"ROM THE INTERSECTION OF THE CENTERLINES OF MOSS ROAD AND THE LONG'JOOD-OVIEDO
ROAD, RUN S. 88^23'42' E. 701.16 f"EET ALONG THE CENTERLINE OF THE
LONG'JOOD-OVIEDO ROAD, THENCE N. 01^36'18' E. 50.00 f"EET TO THE POINT Of"
BEGINNINGI THENCE CONTINUE N. 01^36'18' E. 115.00 f"EET, THENCE S. 88^23'42' E.
322.00 f"EET" THENCE N. 01^36'18' E. 289.88 f"EET, THENCE S. 88^25'42' E.
16.09 f"EET, THENCE N. 01^36'18' E. 293.94 f"EET~ THENCE S. 57^57'15' E. 416.35
f"EET TO THE 'JESTERL Y RIGHT Of" 'JAY LINE Of" SHERRY AVENUE, THENCE S. 26^02'06'
'J. ALONG SAID RIGHT Of" 'JAY LINE 75.32 f"EET TO THE POINT Of" CURVATURE Of" A
CURVE TO THE LEf"T HAVING A RADIUS Of" 284.34 f"EET AND A CENTRAL ANGLE Of"
34^41'22', THENCE ALONG THE ARC Of" SAID CURVE 172.15 f"EET TO A POINT ON CURVE,
THENCE S. 72^38'37' 'J. 162.49 f"EET, THENCE S. 17^21'23' E. 190.00 FEET TO A
POINT ON THE NORTHERLY RIGHT Of" 'JAY LINE Of" THE LONG,",OOD-OVIEDO ROAD, SAID
POINT BEING A POINT ON A CURVE HAVING A RADIUS Of" 1,230.00 f"EET, A CENTRAL
ANGLE Of" 09^58'15' AND A CHORD BEARING Of". S. 86^37'10' 'J. THENCE ALONG THE
ARC Of" SAID CURVE 214.05 f"EET TO THE POINT Of" TANGENCY, THENCE N. 88^23'42' 'J.
340.08 f"EET TO THE POINT Of" BEGINNING.
AND
PARCEL 3
COMMENCE AT THE INTERSECTION or THE CENTERLINES or MOSS ROAD AND THE
LONG'JOOD-OVIEDO ROAD, THENCE S. 88 DEGREES 23' 42' E. 701.16 FEET ALONG THE
CENTERLINE Of" SAID LONG'JDOD-OVIEDO ROAD, THENCE RUN N. 01 DEGREES 36' 18'E.
165.00 f"EET f"OR A POINT Of" BEGINNING, THENCE CONTINUE N. 01 DEGREES 36' 18'E.
186.56 f"EET TO THE POINT or CURVATURE or A CURVE CONCAVE EASTERLY HAVING A
RADIUS or 924.31 f"EET AND A CENTRAL ANGLE or 10 DEGREES 48' 55', THENCE
NORTHEASTERL Y ALONG SAID CURVE A DISTANCE or 174.474 rEET TO A POINT, SAID
POINT HAVING A TANGENT BEARING or N. 12 DEGREES 25' 13'E., THENCE RUN S. 88
DEGREES 23' 42'E. 108.582 f"EET, THENCE RUN S. 01 DEGREES 36' 18',",. 360.00 FEET
THENCE RUN N. 88 DEGREES 23' 42''J. 125.00 f"EET TO THE POINT or BEGINNING