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Home My WebLink About2005 08 08 Regular Item 503- CDD Request Aggarwal's final eng/site plan for Village Market Place Expansion CITY COMMISSION AGENDA ITEM 503 Consent Informational Public Hearing Regular X August 8. 2005 Commission Meeting I.'J- MGR REQUEST: Community Development Department requests that the City Commission consider the Aggarwal's request to renew the final engineering/site plan and development agreement for the Village Market Place expansion. PURPOSE: The purpose of this agenda item is to renew the approval of the final engineering/site plans and the associated development agreement for an approximately 27,000 square foot (SF) expansion of the former Badcock shopping center on a 4.712 acre site, located on the north side ofSR 434, west of Sherry Avenue and immediately east of the existing Victorio's Pizza restaurant. The Aggarwals have had a family tragedy (please see attached letter from K. C. Aggarwal) during which time the site plan expired on June 28, 2005. APPLICABLE REGULATIONS: Chapter 5. Tree Protection and Preservation Sec. 9 - 26. Maps, engineering plans and plats to be submitted in preliminary and final form. Sec. 9 - 71. When final development plan is to be filed; extension. Sec. 9 - 72. Processing of final plans. Sec. 9 - 73. Form and contents of final development plan. Sec. 9 - 74. Action on final development plan; expiration of approval. 1 August 8, 2005 Regular Item 503 Page 2 Chapter 9, Article VI. Site Plan Review. (Section 9-346. Prohibitions) Chapter 20, Division 3. General Design Standards for Redevelopment District (Sec. 20 - 240 thru Sec. 20 - 512) Ordinance No. 2003 - 43 Chapter 166, Florida Statutes CONSIDERATIONS: This 4.712 acre site has a Commercial Future Land Use designation and C-1 Commercial zoning. It also lies within the SR 434 Redevelopment Overlay Zoning District. The site presently contains a 45,700 SF shopping center building that formerly housed the Badcock furniture store as its primary tenant. That building was given a major "face lift." Present occupants of the existing building include the Florida Department of Motor Vehicles, a Dollar General, and Boomerangs sports bar. Victorio's Pizza restaurant and Advance Discount Auto Parts are not part of the site although they have access through the site. The proposal would add the new 27,000 SF building between the existing building and SR 434, provide a new masonry wall between the site and the existing residential units, up-to-date dumpster enclosures, additional drainage inlets, new site lighting, handicap accessibility to and throughout the site, signage, and landscaping. The City approved a development agreement, as set forth in Section 20 - 474 of the City Code, to address issues where relief from the code is needed (without compromising the public health, safety, and/or welfare). These include relief from providing a portion of a wall, signage, and the size of trees. Staff has asked the City Attorney if the site plan could be extended through an amendment to the development agreement or other acceptable means. FINDINGS: 1) The site is zoned C-1 Commercial, has a Commercial Future Land Use designation, and lies within the SR 434 Redevelopment Overlay Zoning District. 2) A final engineering/site plan, development agreement, and aesthetic review were approved by the City Commission on June 28, 2004. 3) Section 9-346 of the City Code states that site plan approval is valid for a period not to exceed one (1) year, although it may be extended for a period not to exceed six (6) months. 4) The existing development agreement does not contain a provision extending the approval. 2 August 8, 2005 Regular Item 503 Page 3 RECOMMENDATION: Staff recommends the Commission consider extending the Village Market Place final site/engineering plans by amending the existing development agreement, subject to the findings of the City Attorney. ATTACHMENTS: A. Development Agreement B. K. C. Aggarwal letter of July 13, 2005 C. Final Engineering/Site Plan D. Amendment to the Development Agreement (provided by City Attorney) CITY COMMISSION ACTION: 3 August 8, 2005 Regular Item 503 Page 4 4 ATTACHMENT A This instrument prepared by and should be returned to: 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 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 day of , 2004, Aggarwal desires to facilitate the orderly addition to the existing shopping center (the "SHOPPING Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 1 of 9 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 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 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 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 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. Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 4 of 9 ,\ l' Section 9. Entire Agreement. 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. Severability. 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 'vvould 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 S768.28, 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. Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 5 of 9 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 shaH 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: ~ Cc,IiM..-e-f\ ~ G t:\ Yr~td_ Witness~:~ ~ #2 Signature \j\V\~(J CQ~ellDY\ Witness #2 Printed Name As to AGGARWAL CITY OF WINTER SPRINGS, a Florida Mun" I Corporation i:~ F. BUSH, Mayor Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 7 of 9 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 ~hat I relied upon the following identification of the above-named person: JG.J eef ~~n.0c-1 . Witness my hand and official seal in the County and State last aforesaid this day of April 2004. NOTARY STAMP/SEAL ..i~.~!~~. JOSEPH BARR f~rJJ."~'~J: MY COMMISSION # DD 251669 ;'''~;~'~'i EXPIRES: September 18, 2007 \,f,/9f;lt~~~""''' Bonded Thru Notary Public Underwriters Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 8 of 9 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 ~ Notary Signature My Commission Expires: iJ' Debra C. Franklin \ CJ-. ,; My Commission DD2t2t71 ...,..'01 Expires February 22, 2008 Binding Development Agreement City of Winter Springs - Aggarwal Pension Trust Fund 9 of 9 I ! .. . ~ ~. ~~!~ If: I!I.. t' tl p~11I 'I '~p a 1 I! J lUll I to h ' ; , I I iI.'JC'; t ...... II . i (I ':H~Hr; 1ii: II ,!' gls J~ . . , II! ~ ! U i · ~! ~i Ii IIIII ii;ii i J i; .iiii I 11.11. 1111111 .11. "Ii I I J I II Ill! I. 'lIIjlll!..' II !I. 111(" ;. I ! I i ....i I I ; · .. .. i III il !III. . m~ .1~ II. ; . ~I . . ~ SItE PINI VILLAGE MARKET PLACE ~ ~ ....$=:=~ 'i ~ ~ ~ J I I Q ~ ::i '- m g~ ~ n H '" m ~~ u.) _< s,~ ~ ~.;g g m ~ .... c '" . !.z ... ATTACHMENT B AGGARW AI.. pENSION TRUST FU~D 1056 Eddliston l'1ilce tongwood FL 32779 Tel # 407 716 5555 Fas: ## 407788 Ot02 13tl\ July 2005 Fo.: the attention of Mr. John Baker City of Winter Springs 1126 East S,R. 434 Winter Springs FL 32708 BY E-MAIL & PAX D~ John V&.netian Square I Village Market Place 300 East S.R. 434 FUrther to our meeting yesterday~ I would like to cont1rm that we are 81'ateful to the City st~' and the Commissioners for working together with us to provide a complete ~ lift, landscaping and adding a 32,000 sq ft building to the above plaza, for the past 2 years. We were al1OO.9t.. the stage of pulling the building permit when unfortunately my 25 year old son was killed, last Thanksgiving Day, by a drurtkdriver, in Boston" This turmoil has brought our life to us to a standstill and we do not feel that we have neither the energy nOT the enthusiasm to see that this project is completed successfully. Theretore, we have decided to sell the .Plaza and request you to extend the petmit period :tor 12 to 18 months, so that this project can be completed by a prospective buyer. We would like this extension, in which ever way the City feels most comtortable and easiest, even perhaps., by adding an addendum to the Developer's Agreement. We would Hke to thank. you f'Or your kind co-operation in guiding us so that this area of Winter Springs could also share the prosperity ofthe City's beautification and expansion. ~ .;;.--- KCAGGARWAL Td Wd0S:G0 S00G vT 'jnr G0T088LL0v: 'ON X~~ l~MC:I~~~~: WOC:l~ ~n~!p :~ Hi:.! t,'} UL~i' 'l.~ , , , , ';' ,il a' Hpi!~ if Ui~~il.:' ~I ~ 1 e i; ,; i G ~ ~ " ~ ~ II T.~lli~li - -" 1 J h ; ATTACHMENT C el! rrT ~Ii '4_~~n 1"!.1-};: '''S-J ;E ~ " ' :1> . F L = ,l en _il ~_ I'T1 Oil i I ~ !. ; ~ .... n i ..... ~ J " =rr--------i~' '\~ " - \\ \\ - 'S L ----1 \\ : 'r I I I I I I I I I I Q I I Vi : ri g I ~ i C) : s: 6; ~ : Ii: ~ 0 I II o-U I I 0""0 I I +Z I I G) I g ~, z I I r;1 I I . !I J --~--------~~ _ .'" "~ ~ :z Z C'l = -,:n I ~~I~~ 11l!U . 1'1" ; ,!!G a ~~~, l!'~~". + : ~~ j ~ ~ < ~ z o ;;j I Z o () I )> Z " '" z '" x in '" z " ,; ; II~ il~ t .d~ +- r !I;!~ i~; ~ '" ! z '.6 :1 ;" , ~ i I \ '-. iil~ 0 ~ .;I~ tit) ;al!!! !I ~ JI9 . ~ I , ~ I I n I~UII III ji i III IPU~ ~ uh;~ ~lIni !Ii i! Z 0. II ~~!II~ a~ ~ I~~ ij , ~ . I .~J s! · n jmi~jp 8 ~ U "S =i In I . . . . q ~ ~ Ii ~.~ l5 ! ~ ~ ~ in ;' I I ~ iim ~ ~ iI'" ~ i r ! I "I ~ .. . l' MASTER SITE PlAN VILLAGE MARKET AMERICAN CML PLACE ENGINEERING CO, 107._IIl~sum:Zh;1IIID""lLi.s:I'M WIH'1'rn SPRINGS, Fl.ORIOfI l'8.(WlW;.'I7lIO:'''C.wr}III'I-1I!2'I I~ ill' I . \; inl :~ :ot I , , I I I I I I I I I I I I nm.....1im.. n .. ! I ...--' ! ~/ Iii I" ~ ~ ~ i S ~ o ~ :z (') Z C') "" ~ r '"" !-.z .. -- ....... :.:~===' CJII,_lJJ.,,,t~ --.aFY.....l.. .-, _~..6 R"iIliLT....,{. --- lIC\'.'I,I.' ...- ATTACHMENT D This will be provided by the City Attorney by Friday, August 5, 2005 THIS IS THE MISSING ATTACHMENT D, THE DEVELOPMENT AGREEMENT MODIFICATION FOR REGULAR 503 Draft: August 4, 2005 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 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First Modification") is made and entered into this _ day of ,2005, by and between the CITY OF WINTER SPRINGS, a Florida Municipal 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 , pages _ - 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 ofthe final engineering plans has expired because Developer failed to commence construction within one (1) year of said approval; and WHEREAS, Developer has requested an extension of time in which to complete the development in accordance with the prior approval ofthe City Commission; and WHEREAS, the City Commission desires to grant Developer's request for an extension 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 agree as follows: City of Winter Springs! Aggarwal Pension Trust Fund First Modification of Development Agreement Page 1 of 3 Draft: August 4, 2005 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 A2reement. 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 with 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. 1. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST CITY OF WINTER SPRINGS Andrea Lorenzo Luaces, City Clerk John F. Bush, Mayor Date: City of Winter Springs/Aggarwal Pension Trust Fund First Modification of Development Agreement Page 2 of 3 Draft: August 4, 2005 Approved as to legal form and sufficiency for the City of Winter Springs Only Anthony A. Garganese, City Attorney WITNESSES AGGARWAL PENSION TRUST FUND Print Name: Kuldeep Aggarwal, Trustee Date: Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this _ day of , 2005 by Kuldeep Aggarwal, Trustee of Aggarwal Pension Trust Fund, who is personally known to me or produced as identification and who did not take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name Commission No.: My commission expires: City of Winter Springs/Aggarwal Pension Trust Fund First Modification of Development Agreement Page 3 of 3 ,- 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