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2013-88 INSTRUMENT#2014014296 OR BK PG - PGS) DATE 2/6/2014 NEIL Return to: KELLY4437 , CLERK 1926 OF 1928 THE(3 CIRCUIT COURT 11 12 21 AM LAKE COUNTY City of Clermont Ito 01, RECORDING FEES$27 00 City Clerk PO Box 120219 Clermont Fl.34711 FIRST AMENDMENT TO CERTIFICATE OF OCCUPANCY INDEMNIFICATION AND HOLD HARMLESS AGREEMENT RELATED TO PAYMENT OF WATER AND SEWER IMPACT FEES This First Amendment is to that certain agreement dated April 16, 2013 (hereinafter"the Agreement") between the CITY OF CLERMONT, a political subdivision of the State of Florida (hereinafter "City"), whose address is 685 West Montrose Street, Clermont, FL 34711 and CLERMONT MOTOR SALES, LLC, a Florida limited liability company (hereinafter "OWNER"), whose address is 3575 Vineland Rd., Orlando, FL 32811 as the owner of the property being developed as the Clermont Motor Sales, LLC, Lake County Building Permit No.: 2011120088, issued by Lake County for property described as: Clermont Motor Sales,LLC(Toyota of Clermont) Legal Description: LAKE HIGHLANDS 26-22-26 BEG AT NE COR OF SEC, RUN S 0-40-12 W 1183.47 FT TO N R/W LINE OF SR 50,N 89-09-12 W 680.32 FT,N 0-25- 53 W TO N LINE OF SEC,E ALONG SAID N LINE OF SEC TO POB,BEING TRACTS 1 & 16,PART OF TRACTS 2& 15A PB 3 PG 52 ORB 2754 PG 2314 As recorded in the Public Records of Lake County Alt Key No.: 1048699&3835574 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. Simultaneous with the execution of this Agreement, the OWNER has paid to the City of Clermont FORTY-THREE THOUSAND NINETEEN AND 00/100 ($43,019.00) DOLLARS toward water and sewer impact fees related to the project, which City hereby acknowledges it has received from OWNER. 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 March 17,2014, if it is determined that the total amount of water and sewer impact fees owed to the City is less than $43,019.00, the City of Clermont shall refund to the undersigned the difference between $43,019.00 and the amount of impact fees calculated for the project pursuant to the new impact fee study. In the Toyota of Clermont, Impact Fee Agreement, First Amendment 1 • event that the impact fees are less than the amount paid, the OWNER agrees to pay the City the difference between the amount paid and the impact fees established in the new impact fee study. 4. In the event the new impact fees enacted by the City result in a fee which is higher than the amount paid in Section 2 hereof, OWNER hereby reserves the right to pay the new amount under protest and seek relief through all available administrative and judicial remedies. 5. 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. 6. 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 certificate of occupancy by Lake County as contemplated herein. 7. 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, upon ten (10) days prior written notice to OWNER at the address set forth above, to terminate water and sewer service to the subject structure and business. 8. This document shall be recorded by City, at OWNER'S expense in the public records of Lake County Florida. (Remainder of page initially left blank} Toyota of Clermont, Impact Fee Agreement, First Amendment 2 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 Clermont Motor Sales,LLC,a Florida limited liability/)mpany By By —= _IV ��, Darre City Manager .losct�� A. Siv/GG / \ d ' ) Printed Name and Title of officer of Date Clermont Motor Sales,LLC �J2o)r,3 Date State of Florida County of Lake Before me, the undersigned Notary Public, personally appeared Darren-Gray, City Manager for the City of Clermont, who acknowledge before me that he executed this instrument on the 23 day of DeC,enn 6eu— , 2013 and who was v^either personally know ttajne or ❑ who produced as identification. _. 1 - No .ry Public Commission expires Notary Public State of Fbnde Type or Print name of Notary . James K Hitt o :4"‘"s 1m2/2s7w2i 0 EE 85288 State of Florida County of Lake Before me, the undersigned Notary Public,personally appeared `J o S P p(�h A-. J I Astilqq for Clermont Motor Sales,LLC,who acknowledge before me that he executed this instrument on the o,O-1:---.11/4 day of 7 e.0 e m l0 e c , 2013 and who was prerther personally known to me or❑ who produced as identification. edk-V-LICLA-- otary Public Commission expires,. EUE C ONE G /e y 0 04 , .r_ MY COMMISSI ON tl ff 0 0 6647 EXPIRES.November 5/2014 Type or Print name of Notary Bonded Tins Notary Public Underwriters Toyota of Clermont, Impact Fee Agreement, First Amendment 3