2014-013 INSTRUMENT#2014014299
OR BK 4437 PG 1934-1936 (3PGS)
Return to: DATE 2/6/2014 11 12 21 AM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
City of Clermont LAKE COUNTY
City Clerk RECORDING FEES$27 00
PO Box 120219
Clermont Fl. 34711
SECOND AMENDMENT FOR THE
TEMPORARY PROVISION OF WATER AND SEWER UTILITY SERVICES
AND ASSOCIATED IMPACT FEES
This Second Amendment is to that certain agreement dated March 27, 2013 (hereinafter
"the Agreement")between the City of Clermont and Clermont Land Partners, LLC 6735 Conroy
Rd., Suite 110 Orlando, FL 32835 (hereinafter "OWNER" as the owner of the property being
developed as the Dunkin Donuts store and eligible for water and sewer services in accordance
with the Utility Services Agreement for Water and Wastewater between OWNER and the City of
Clermont, recorded in Lake County Public Records OR Book 4194, PG 655-664 for property
described in Exhibit"A" attached hereto and incorporated herein and being constructed pursuant
to Lake County Building Permit No.: 2012080445.
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 provisions of water and sewer services issued hereunder, shall
automatically be revoked and/or expire on March 17, 2014, without further notice to the
OWNER. In the event of said revocation, OWNER agrees on behalf of itself, its agents, tenants
or assigns, that the City of Clermont may terminate water and sewer service to the subject
property. Provided, however, prior to March 17, 2014, the City of Clermont shall acknowledge
the provision of permanent water and sewer utility services if the OWNER elects to meet one of
the following conditions:
(1) If the new impact fee study has not been adopted, the OWNER pays to the
City of Clermont the difference between $4,097.00and the total amount of 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) If the new impact fee study has been adopted, the OWNER pays to the
City of Clermont the difference between $4,097.00 and the amount of the total amount of the
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
Clermont Land Partners(Dunkin Donuts)— Impact Fee Agreement, First Amendment
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(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
$4,097.00, then OWNER shall be entitled to permanent water and sewer services and the City of
Clermont shall refund to the OWNER the difference between $4,097.00 and the amount of water
and sewer 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 the City 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 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
A , .4
Dauer ., , City Manager
I I �'
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
2C1 day of TQnt l ar Li _ , 20,1N and who was ❑ either personally known to me or ❑
who reduced as identification.
'A, 0-Y-A-0- .)
Notary Public Commission expires:
, TRACY ACROYD `r ,
Type or Print name of Notary /d MY COMMISSION s E51211654 4
ry a EXPIRES Sq#moba'08.2ou
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1 0J-icy ARY P1 NOISY Ducted Aar"Co.
Clermont Land Partners (Dunkin Donuts)— Impact Fee Agreement, First Amendment
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•
Clermont Land Partners, LLC
Mohammed Diab, Manager
3 — a-acc(
Date
State of Florida
County of Lake
Before me, the undersigned Notary Public, personally appeared Mohammed Diab, Manager of
Clermont Land Partners, LLC, who acknowledge before me that he executed ment on
the Z3 12 day of c..m ary , 2011 and who was ❑ eith ersonally known me
or ❑ who produced / as identification.
Not Public Commission expires: s•r floury Fubl�c Sere of Ronda
. � James K Hitt
G M ei S 17 T cor Ft Expuesn12/27/2018 835298
Type or Print name of Notary
Clermont Land Partners(Dunkin Donuts)—Impact Fee Agreement, First Amendment
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