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2013-29 . 685 2U.Mant woe St 1 v�,�` r-:;; C?e�u.-wnt,s C 34711 �I TEMPORARY CERTIFICATE OF OCCUPANCY INDEMNIFICATION AND HOLD HARMLESS AGREEMENT RELATED TO PAYMENT OF POLICE,FIRE,WATER AND SEWER IMPACT FEES The City of Clermont and The Upper Cutz Barber Shop, 1101 Bowman St., Clermont, FL 34711, hereinafter"OWNER" as the owner of the business described as: The Upper Cutz Barber Shop 1101 Bowman St. Sunnyside Plaza—Clermont, Sunnyside Unit 1, 2 South of Hwy 50, Lots 3, 4, Blk 2, PB 8, PG 66 - as recorded in the Public`Records of Lake County Alt Key No.: 1626773 • does hereby agree asfollows: 1. The City of Clermont is in the process of reviewing and re-evaluating its police, fire, water and sewer impact fees apd 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. a) Upon completion and final approval of all items necessary to obtain a certificate of occupancy, including the use of a water meter that is the same size as the existing meter for this location, the City of Clermont will issue a Certificate of Occupancy subject to the revocation provisions set forth below, without OWNER being required to pay additional water and sewer impact fees. b) The Certificate of Occupancy issued hereunder, shall be subject to revocation and OWNER expressly agrees to said revocation and waives any rights to challenge the revocation, in the event: . (1) Within twelve months of the date of this agreement, the new impact fee study and formula referred to above and as adopted by the City Council of the City of Clermont does not contain a provision that allows for exemption for new water and sewer impact fees if the same meter is being used for a new use; and/or (2) Owner, upon thirty (30) days written notice from City, fails to pay any water and sewer impact fee calculated pursuant to the above-referenced new impact fee study and formula adopted by the City Council of the City of Clermont. 3. 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. INSTRUMENT#2013044761 1 OR BK 4311 PG 1121 -1122 (2 PGS) DATE 4/18/2013 3 30 36 PM NEIL KELLY, CLERK OF THE CIRCUIT COURT LAKE COUNTY RECORDING FEES$18 50 4. 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. 5. 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 electncal 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 may 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. City of Clermont Owner 4104 2"N` -By Al- By 7t , Darre r','City Manager Patrick Harris C LI I g 13 e 1 d Date Da 2