2013-90 INSTRUMENT#2014014298
DATE E 4437 PG - (2 PGS)
•
DATE 2/6/2014 11 12 21 AM
NO
E IL KELLY, CLERK 1932 1933 OF THE CIRCUIT COURT
Return to: LAKE COUNTY
City of Clermont RECORDING FEES$18 50
City Clerk 475°21
P
PO Box ox 120219
Clermont Fl. 34711
SECOND AMENDMENT TO
TEMPORARY CERTIFICATE OF OCCUPANCY
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
RELATED TO PAYMENT OF POLICE,FIRE, WATER AND SEWER IMPACT FEES
This Second Amendment is to that certain agreement dated February 1, 2013 (hereinafter
"the Agreement") between the City of Clermont and Realty Income Properties 13, LLC, a
Delaware limited liability company, c/o Realty Income Corporation, 600 La Terraza Blvd,
Escondido, CA 92025 (hereinafter "OWNER") and related to that certain real property described
as:
Clermont Hobby Lobby, Sublot 1
PB 65, P 69, Orb 4181 Pg 432
As recorded in the Public Records of Lake County
Alt Key No.: 3886715
The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree
as follows:
1. This Amendment expressly modifies the Agreement and in the event of a conflict,
the terms and conditions of this Amendment shall prevail.
2. Section 2(c) of the Agreement is hereby amended to read as follows:
c) The temporary certificate of occupancy issued hereunder, shall automatically be
revoked and/or expire on March 17, 2014, without further notice to the OWNER. Provided,
however, prior to March 17, 2014, 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
(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 March 17, 2014; or
Hobby Lobby, Impact Fee Agreement, Second Amendment
1
(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 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.
3. All other terms and conditions set forth in the Agreement shall remain in full
force and effect and unchanged as agreed to by the parties.
4. This document shall be recorded by City, at OWNER'S expense in the public
records of Lake County Florida. At Owner's request following payment or refund of all amounts
pursuant to Section 2 above, City shall execute a termination agreement, terminating all
provisions of this document, for recording in the public records of Lake County Florida (at
Owner's expense).
The parties hereto do hereby 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 Cl- r ont Realty Income Properties 13, LLC,
a Delaware limited liability company
B,
Il ki.
Darre ity Manager By: Realty Income Corporation, a Maryland
corporal - its sole and managing member
r By. /
•
" ►/
Date
Michael R. Pfeiffer, ;cye Vice
President, General Cou sel
\2 yo 2013
Date
if P�� �` To Form
/ ` ✓
L King
Hobby Lobby, Impact Fee Agreement, Second Amendment
2