HomeMy WebLinkAboutAggarwall 1st Modification to Development Agreement -2005 08 25
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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
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Date:~
City of Winter Springs/Aggarwal Pension Trust Fund
First Modification of Development Agreement
Page 2 of 3
..
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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
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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
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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