Contract 2021-064A#2021-064-A
FIRST AMENDMENT TO
UTILITY CONSTRUCTION REIMBURSEMENT
(PIONEERING) AGREEMENT
THIS AMENDMENT is made and entered into this q day of , 2021 by and
between THE CITY OF CLERMONT, FLORIDA, hereafter referred to as the "City," and
CLERMONT MOTOR SALES, LLC, a Florida Limited Liability Company, hereafter referred
to as the "Developer," and is to that certain Agreement between the parties dated.
2012, hereinafter referred to as the "Agreement".
WITNESSETH:
WHEREAS, the Developer has constructed the utility infrastructure is more particularly
described in Exhibit "C" to the Agreement;
WHEREAS, pursuant to the terms of the Agreement, City agreed to reimburse
Developer for the actual cost to construct the above -referenced utility infrastructure up to and not
exceeding $277,501.00;
WHEREAS, the referenced reimbursement was intended to come from future
connections and impact fees paid by other development utilizing the subject utility infrastructure
over the ten year term of the Agreement;
WHEREA, the anticipated connections and development did not timely materialize as
anticipated and therefore, consistent with the terms of the Agreement, the reimbursement amount
has not been paid to the Developer;
WHEREAS, the subject infrastructure was not required or necessary to provide service.
to Developer's property and therefore, the Developer has paid for infrastructure for the benefit of
the future expansion of the City's utility system; and
WHEREAS, the parties agree to amend the Agreement to provide for a luicip sum
reimbursement to Developer of a portion of the anticipated reimbursement amount.
NOW THEREFORE, the parties, for good and valuable consideration, including the exchange of
the mutual covenants contained herein and in the Agreement, agree as follows:
I . This Amendment expressly modifies the Agreement and in the event of a conflict,
the terms and conditions of this Amendment shall prevail.
2. Section 3 of the Agreement is amended to provide that in lieu of reimbursement for
any new taps into the portion of the Infrastructure described in Exhibit "C" to the Agreement, the
City shall pay to Developer within fifteen (15) days of the effective date of this Amendment the sum
of ONE HUNDRED FORTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($147,000).
3. It is further agreed and acknowledged by the parties that upon payment of the
above -stated amount to the Developer, the Agreement shall terminate and each parry's obligations,
specifically including but not limited to the City's obligations to reimburse the Developer for future
taps or connections to the subject Infrastructure shall be satisfied and of no further consequence or
obligation to either party.
4. This Amendment shall take effect as of the date that the last signatory executes the
addendum as set forth below.
5. To the extent applicable, all other terms and conditions set forth in the Agreement
shall remain in full force and effect and unchanged as alTeed to by the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum for
the purposes herein expressed on the dates set forth below.
ARet., , CITY OF CLERMONT
==` By_ By
Tracy, oyd Howe Tim Murry, M or
";4,�i j "City 1 It Date: =Qct �
DEVELOPER"
CLERMONT MOTOR SALES, LLC,
a Florida Limited Liability Company
d/b/a Toyota / Clermont
Jose p ` Siviglia
Managing Member
Date: 1— Z 1�
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