HomeMy WebLinkAboutTab 23 Aggarwal Pension Trust Fund.pdf'" -. ,
Th1.3 instrument prepared by
and should be returned to :
MAt;Y ANill~ MO*:~, l-:L.~~ !Jf-. CIRCUIT OJl.lfU
&MlNIJl.t l.'t!UNJ'f
BK 0!:-1832 PGS 1136-1145
CLERK'S :ti 2005127'98(>
R~L'ORJJltD 07/29/2t..IOS 11110:18 AM
Rl::.1.lJNlJlNa fn'S aG.50
RHllRIJ~Il SY L Wt!odby ~ Anthony A . Garganese, Esq.
' City Attorney of Winter Springs
I• '"
Brown , Salzman, Weiss, & Garganese, P .A.
P O Box 2873
Orlando , FL 32802-2873
BINDING DEVELOP MENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT is made and executed this 28 1h
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 C'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
foilowing:
(a) Construction of an ad ditional 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 .~ighting; 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 approvai of the City of Winter Springs City
Commission on the 281h day of June, 2004,· Aggarwal desires to facilitate the orderly
addition to the existing shopping center (the "SHOPPING
Binding Development Agreement
City of Winter Springs -Aggarwal Pens i _on Trust Fund
1 of 1
)
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 a~d 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. Subject Property. The real property ("Subject Property") which is
subject to, a:nd 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 Aggarwal. 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
Binding Development Agreement
City of Winter Springs -Aggarwal Pension Trust Fund
2 of 9
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 fQr purposes of binding the Property to the terms and
conditions set forth in this Agreement.
Section 5. Obli gat ions and Commi t me nts. 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 Ord inance. 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 varianc"e authority set forth in Section 20-490 of the City Code, Aggarwal shall be
permitted to utilize canopy trees with a he ight of 12 feet rather than the required 16 feet
Binding Development Agreement
City of Winter Springs -Aggarwal Pension Trust Fund
3 of 9
in height under Table 2 of the recommended tree pallet for the S.R. 434 Redevelopment
Area.
c) Sign. 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 i_nto
compliance with the S.R. 434 Redevelopment sign requirements set forth in Section-20-
470 of the City Code. Aggarwal wi'll 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 law? 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.
Binding Development Ag reement
City of Wi nter Springs -Aggarwal Pension Trust Fund
4 of 9
Section 9. Entire Agreement. This Agreement supersedes any other agreement,
oral or written, and contai~s the entire agreement between the City and Aggarwal as to
the subject matter hereof.
Section 10. Severability. If any provision of this Agreement shall be held to be
!nvatid or unenforceable to any extent by a court of competent jurisdi~tion, 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 sha[I run with the land.
Section 13. Relationship of the Parti.es. 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 towarq third parties or to the
public in any manner which would indicate any such relationship with the other.
Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under §768.28, 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 th·e City bargaining away or surrendering its police powers.
Binding Development Agreement .
City of Winter Springs -Aggarwal Pension Trust Fund
5 of 9
Section 16. lnterbretation. !he 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 sha~I ~not relieve
Aggarwal. or the Cfty of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction.
Section 18. Third Party Rights. 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 litigatio.n
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.
Binding Development Agreement
City of Winter Springs -Aggarwal Pension Trust Fund
6 of 9
•
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date first above written .
Witnesses:
W it' ss #1 Signature
Ca.v~e?'\ :::t G !\.~c_ta
W i ss #2 $ignature
\J\v\~{) Ca~ellDD
Witness #2 Printed Name .
As to AGGARWAL t (__-
~ND · ORENZO-LUACES
Cl
Binding Development Agreement
City of Winter Springs -Aggarwal Pension Trust Fund
7 of 9
)
)
STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby c::ertify 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 th€} foregoing instrument, who
1 acknowledged before me that he executed the .saml1!, and that I relied upon the
.following identification of the above:r.),9-med person: ;G,~ _,deflf ·Aa~&Jn-1 .
Witness my hand and official seal in the County and State last aforesaid this
--~day of April 2004. ·
NOTARY STAMP/SEAL
•? -
Binding Developryient Agreeme nt
City of Winte r Springs -Aggarwal Pension Trust Fund
8 of 9
)
)
I I
ST ATE 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 clescribed in and who
executed the foregoing instrument, who acknowledged before me that he ~xecL1ted the
same, and that I relied upon the fo llowing 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 &iA
Notary Signature
My Commission Expires:
l,P ~~ Debra c. Franklin ~~ ;; My Commiislon DD212t71
'> .. ,:4' Expires FebrullfY 22, 2008
·· Bin dlhg Deve lop rti"e'n t Agre em ent
City of Wi nt er Springs -Ag garw al Pen sio n Trust Fund
9 of 9
..
PARCEL 1
EXHIBIT A
LEGAL DESCRIPTION
<AS PROVIDED BY _ CLIENT)
A TRACT OF' LAND LYING IN SECIICN 34, TO\./NSHIP 20 SOUTH,· RANGE 30 EAST,
SEMINOLE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS F'CLLD'JS•
FROM THE POINT OF' INTERSECTION CF' THE CENTERLINES -OF' MOSS ROAD AND THE
LONG\./COD-OVIEDC ROAD, RUN S.88"23'42'E. 701.16 F'EET ALONG THE CENTERLINE OF'
THE LDNGIJOOD-CVIEDO ROADJ THENCE N.01""'36'18 .. E. 351.56 F'EET TO THE POINT OF'
CURVATURE ·or A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 924.31 FEET AND A
CENTRAL ANGLE OF 10"'48'5S'J _ T+fENCE NORTHEASTERLY ALONG ~,.\ID CURVE A DISTANCE
OF' 174.474 FEET TO A POINT, SAID POINT HAVING A T.ANGENT BEARING OF
N.l2"25'13'E. AND ALSO BEING THE POINT Of' BEGJNNINGJ THENCE CONTINUE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE or 13"36'53' 219.636
FEET TO THE POINT OF' TANGENCY OF' SAID CURVEJ THENCE N.26"'02'06'E, i43.08 F'EETJ .
THENCE S.57"'57'15'E. 227;52 F'EETJ THENCE S.01""36'18'\./, 293.94. FEETJ THENCE
N.88"25'42'\J, 16.09 F'EETJ THENCE S.01"'36'18'\./, 289.88 F'EETJ THENCE
N.08"'23'42'\./. 197.00 F'EETJ THENCE N.Ol"36'18'E. 360.ciO FEETJ THENCE
N.88"'23'42'\J. 108.582 FEET TD THE· POINT Of' BEGINNING.
AND
PARCEL 2
A TRACT OF' LAND LYING IN SECTION 34, TO\./NSl-fIP 20 SOUTH, RANGE 30 EAST,
SEHINDL.E COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBEO AS f"DLLO'JS1
F'ROH THE INTERSECTION Dr THE · CENTERLINES OF MOSS ROAD AND THE LCNG\./COD-DVIEDC
ROAD, RUN S. 88"'23'42• E. 701.16 F'EET ALONG . THE CENTERLINE CF THE
LONG\JOOD-OVIEDC ROAD, THENCE N. 01"'36'18' E. 50.00 F'EET TC THE POINT OF'
BEGINt:UNGt THENCE CONTINUE N. 01"'36'19' E. us.oo FEETi THENCE .s: aaA23•42• E.
322.00 FEETJ, THENCE N. 01"36'18' E. 289.88 FEET, THENCE S. 88"'25'42'" . E.
16.09 FEET, THENCE N. 01"'36'18' E. 293.94 F"EET~ THENCE S. 57."'57'15' E. 416.35
F'EET TC THE \/ESTERLY RIGHT Cf' IJAY LINE OF SHERRY AVENUE, THENCE S. 26"02'06'
\/~ ALONG SAID RIGHT OF \./AY LINE 75.32 F'EET TD THE PDlNT OF CURVAT~RE OF A
CURVE TO T.HE ·LEFT HAVING A RADIUS OF' 284.34 F'EE1:. AND A · CENTRAL ANGLE DF'
34"'41'22', THENCE ALONG THE ARC OF SAID CURVE 172.15 fEET TC A 'POINT ON CURVE,
THENCE s. 72"'38'37' v. 162.49 f'EET, THENCE s. 17"'21'23' E. 190.oo ' FEET TC A .
POINT ON THE . NORTHERLY . RIGHT Of' WAY LINE OF' °THE · LDNG\IOOD-OVIEDD ROAD, SAID
PCiNT BEING A POINT ON A CURVE HAVING A RADIUS OF 1,230.00 FEET. A· CENTRAL
ANGLE OF' 09"'58'15' AND A CHORD BEARING OF' S. 86"'37'10' \J. "THENCE 'ALONG . THE
ARC OF' SAtD CURVE 214.05 FEET TO THE POINT .Of' TANGENCY, THENCE N. 88"'23'42; ·\./,
3:40.08 F'EET TO THE POINT Of BEGINNING. .
AND
PARCEL 3
COMMENCE AT THE INTERSECTION OF · THE CENTERLINES OF" MOSS ROAD AND THE
LDNG\JDDD-DVIEDO RDADJ THENCE S. 98 DEGREES 23' 42' E. 701.16 FEET ALONG THE
CENTERLINE Of' SAID LONG'JOOD-clVIEDD ROADi THENCE -RUN N. 01 DEGREES 36' l8'E,
165.00 FEET fOR A POINT CF' BEGINNINGJ· THENCE CONTINUE N. 01 DEGREES 36' 18'E.
186.56 FEET TO THE POINT OF CURVATURE Of' A CURVE CONCAVE EASTERLY HAVING A
RADIUS Of' 924.31 FEET AND A CENTRAL ANGLE Of" 10 DEGREES 48' 55'1 THENCE
NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF' 174.474 FEET TO A POINT, SAID
POINT HAVING A ·TANGENT BEARING OF' N. 12 DEGREES 25' 13'E., THENCE RUN S. 88
DEGREES 23' 42•e:. 108.582 FEET1 THENCE RUN S. 01 DEGREES 36' 18'\V, 360,00 FEET
THENCE RUN N. 98 DEGREES 23' 42'\J, 125.00 f'EET TO THE POINT OF' BEGINNING
;:
'·
~
)
) .. • ...
)
...
-~-41 •• :·. • '.
. ,•
·~··~;·~<}~·; ·.· c .~···
' ,.
.. ··
:-..
..
,•
MARYANNE MORSE
CL£RK OF COURT, SEMINOLE COUNTY
3(11 NORTH PARK AVE
SANFORD, FL .. 32771
407~665-4411 .
DATE-:07/29/2005
TIME~11~10:18 AM
RE:CEIPT-:331198
f BROWN GARGANESE WEISS ET AL
l CODE -102'3
.l c
ITEM -01 AGR 11:10:18 AM
FILE:2005127980 BK/J:•G:S832/113G
· RECORDHIG FEE 86. 50
Sub. Total 86.50
Have a Nice Day
T
,, "' . '• . "·I· I • I
'\,,.' •.' r _:r
Prepared by and should be return to:
Anthony A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D 'Agresta, P.A. ·
PO Box 2873
Orlando, Florida 32802-2873
MARYANNE MORSE, CLERK OF CIRCUIT COURT
Sf_MINDLE COUNTY
Bl{ 05886 PGS 0817-0819
CLERK .. S # 20051~:.1198
RECORDED 09/02/2005 02:24:57 PM
RECORDING FEES 27.00
RECORDED BY G Ha-rfo·rd
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO DEVELOP NT AGREEMENT ("First
Modification") is ~ade and entered into this /rr1"day of , 2005, by and
between the CITY OF WINTER SPRINGS, a Florida Munici al Corporation ("CITY") and
AGGARWAL PENSION TRUST FUND (hereinafter collectivelyrefepred 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 Sem1riole 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
(1) 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 Com.niission 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 of the 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
·-· ...
•• I
I •
agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 2. Amendment to Development Agreement. The foliowing paragraph is added
to the Develo"pment Agreement:
_, _ 22. · ~~me 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 Develo_pment 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 .
CITY OF WINTER SPRINGS
City of Winter Springs/Aggarwal Pension Trust Fund
First Modification of Development Agreement
Page 2 of 3
I I
'
Approved as to legal form and sufficiency
for the City of Winter Springs Only
~. ~
'AnthODYAGarganese, City Attorney
WITNESSES
PrintNamf~~Q n &r-1 ·
STATE OF FLORIDA
COUNTY OF SEMINOLE
E NSION TRUST FUND
Date:
The foregoing instrument was acknowledged before me this ~ay off; u (,{Uj/-, 2005 by Kuldeep
Aggarwal, Trustee of Aggarwal Pension Trust Fund, who is J2erson ally ~ me or produced
as identification and who did not take an oath.
~~~~~~~~~~~~
(NOTARY SEAL)
,,,,~;'.'rU"·., ZENAID}rl.,NEGRON , J.f·Ni].'t,;<, MY COMMISSION 11 OD 170093 •
~.. }<1l EXPlRES: Jariuaiy 25, 2007
··~·· ·\\!.-""' Boodad tl\N Nola!Y Public Und.erwrilers
1Rfn''"
Ty ped or Printed Notary N e
Commission No.: j)f) I ?ocA~
My commission expires: JCc.il, -;>$"' J d{:t)/
City of Winter Springs/Aggarwal Pension Trust Fund
First Modification of Development Agreement
Page 3 of 3