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e:`�%"' ^ TEMPORARY CERTIFICATE OF OCCUPANCY
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� ' INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
RELATED TO PAYMENT OF POLICE,FIRE,WATER AND SEWER IMPACT FEES
The City of Clermont and Realty Income Properties 13, LLC, do Realty Income
Corporation, 600 La Terraza Blvd, Escondido, CA 92025 (hereinafter "OWNER" as the owner
of the property being developed as the Clermont Hobby Lobby pursuant to Building Permit No:
201200706, issued by the City of Clermont for property described as
- Clermont Hobby Lobby, Sublot 1
PB 65, P 9, Orb 4181 Pg 432
As recorded in the Public Records of Lake County
Alt Key No.: 3886715
do hereby agree as follows:
1. The City of Clermont is in the process of reviewing and re-evaluating its police, fire,
water and sewer impact fees and it is anticipated that the new impact fee formula and rates, when
applied to improvements contained in the above-referenced building permit will result in a lower
total impact fee than that to be calculated as of the date of this agreement.
2. In consideration of the issuance of a temporary Certificate of Occupancy for the building
constructed pursuant to the above-referenced permit it is hereby agreed as follows:
a) Upon completion and final approval of all items necessary to complete the above-
referenced building permit and issue a certificate of occupancy, the OWNER shall pay or cause
to be paid to the City of Clermont EIGHTY THOUSAND ONE HUNDRED AND FOUR AND
13/100 (80,104.13) DOLLARS toward police, fire, water and sewer impact fees related to the
project.
b) Upon payment of the above-amount and final completion and approval by the
City of Clermont of all items necessary to complete the above-referenced permit and issue a
certificate of occupancy, the City of Clermont shall issue a Temporary Certificate of Occupancy
for the subject improvements.
c) The temporary certificate of occupancy issued hereunder, shall automatically be
revoked and/or expire on July 1, 2013, without further notice to the OWNER. Provided,
however, prior to July 1, 2013, a permanent Certificate of Occupancy shall be applied for by the
OWNER and issued by the City of Clermont subject to the following conditions:
(1) The OWNER pays to the City of Clermont the difference between
$80,104.13 and the total amount of police, fire, water and sewer impact fees related to the project
calculated based on the City's adopted impact fee study as of the date of this agreement; or
\ INSTRUMENT#2013024298
OR BK 4287 PG 2042-2044 (3 PGS)
DATE 3/4/2013 12 27 29 PM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
RECORDING FEES$27 00
- _i J
(2) The OWNER pays to the City of Clermont the difference between
$80,104.13 and the amount of the total amount of the police, fire, water and sewer impact fees
related to the project calculated in accordance with the new impact fee study adopted by the City
of Clermont prior to July 1, 2013; or
(3) Upon calculation of the impact fees related to the project in accordance
with the new impact fee study adopted by the City of Clermont prior to July 1, 2013, if it is
determined that the total amount of police, fire, water and sewer impact fees owed to the City is
less than $80,104.13, then the Certificate of Occupancy shall be issued and the City of Clermont
shall refund to the undersigned the difference between $80,104.13 and the amount of impact fees
calculated for the project pursuant to the new impact fee study
d) The OWNER, on behalf of itself,-its heirs, assigns and agents shall hold harmless
and indemnify the City of Clermont for any and all damages, including attorney's fees at all
levels including appeal arising from any claims, causes of action or demands of any kind related
in any manner to the issuance of this temporary certificate of occupancy or the failure of the
OWNER, its agents, subcontractors or assigns, to perform any of the matters contained herein.
3. OWNER agrees to pay any and all permit, inspection and impact fees other then as set
forth herein, in full and at the rate currently established by the City, prior to the issuance of a the
temporary certificate of occupancy contemplated herein.
4. In the event and at such time that the OWNER shall fail to comply with any of the terms
herein, the City shall have the absolute and unconditional right, without notice to revoke the
temporary certificate of occupancy issued hereunder and to direct that any and all water and
sewer or electrical service to the subject structure be immediately disconnected upon ten (10)
days prior written notice to the OWNER at the address set forth above.
5. This document shall be recorded by City, at OWNER'S expense in the public records of
Lake County Florida.
The parties hereto do herby agree to the terms and conditions set forth herein by affixing
their names through their authorized representatives as of the dates indicated below.
[Signature Page Follows]
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City of Clermont Realty Income Properties 13, LLC,
a Delaware limited liability company
By: Realty Income Corporation,
a Maryland corporation,
its sole and managing member
By 4/1 By 4\O '
D. v'rirfy, City Manager Mich .Pfeiffer
Executive ice President,
^ � 3 General Counsel-
O) Printed Name and Title of officer of
Date Realty Income Corporation,
Managing Member of LLC
130 12-C_)13
Date
!i , , Form
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