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2013-17 • INSTRUMENT#2013033420 OR BK 4298 PG 439-441 (3 PGS) Return to DATE 3/26/2013 2 21 09 PM NEIL KELLY, City of Clermont LAKE COUNTY CLERK OF THE CIRCUIT COURT City Clerk RECORDING FEES$27 00 PO Box 120219 Clermont Fl. 34711 <t 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 Goodwill Industries of Central Florida, Inc., 7531 S. Orange Blossom Trail, Orlando, FL 32809 (hereinafter "OWNER" as the owner of the property being developed as the Goodwill Industries, Building Permit No.: 201201055, issued by the City of Clermont for property described as: Goodwill Industries Clermont, Oak Hill Commons—Unit II Replat Sub Lot 1B PB 64 PG 101 PB 65, P 69, Orb 4181 Pg 432 As recorded in the Public Records of Lake County Alt Key No.: 3885084 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. In consideration of the issuance of a temporary Certificate of Occupancy for the building constructed pursuant to the above-referenced permit it is hereby agreed as follows: a) Upon completion and final approval of all items necessary to complete the above- referenced building permit and issue a certificate of occupancy, the OWNER shall pay or cause to be paid to the City of Clermont SIXTY-FIVE THOUSAND ONE HUNDRED AND FIVE AND 82/100 (65,105.82) DOLLARS toward police, fire, water and sewer impact fees related to the project. b) Upon payment of the above-amount and final completion and approval by the City of Clermont of all items necessary to complete the above-referenced permit and issue a certificate of occupancy, the City of Clermont shall issue a Temporary Certificate of Occupancy for the subject improvements. c) The temporary certificate of occupancy issued hereunder, shall automatically be revoked and/or expire on July 1, 2013, without further notice to the OWNER. Provided, 1 � z however, prior to July 1, 2013, 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) If the new impact fee study has not been adopted as of the date of issuance of the permanent Certificate of Occupancy, the OWNER pays to the City of Clermont the difference between $65,105.82 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) If the new impact fee study has been adopted as of the date of issuance of the permanent Certificate of Occupancy, the OWNER pays to the City of Clermont the difference between $65,105.82 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 July 1, 2013; or (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 July 1, 2013, if it is determined that the total amount of police, fire, water and sewer impact fees owed to the City is less than $65,105.82, then the Certificate of Occupancy shall be issued and the City of Clermont shall refund to the undersigned the difference between$65,105.82 and the amount of impact fees calculated for the project pursuant to the new impact fee study. d) 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. 3. 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. 4. 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 electrical service to the subject structure be immediately disconnected upon ten (10) days prior written notice to the OWNER at the address set forth above. {Remainder of page initially left blank} 2 5. 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 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 Cl ont Goodwill Industri-_ e f ,-ntral Florida, Inc. AM /.//, By LA By Darr:+'Ory, City Manager W Liam G 2 . ey, CE 2 and President Date 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 ackpowledge before me that he executed e'_ i on the grit day of � �c�rC4' , 2013 and who was ❑ eithe ,.ersonally known to me or ❑ who produced as identi 1 . ;00 �' . Aa .Q. .— (V) N t\ary�,0�P,,ublic Commission expires Type or Print name of Notary DENISE RAYL NOAK * t, * MY COMMISSION#EE 150678 State of Florida ' EXPIRES.December 20,2015 �'9�oF voe.° Bonded Thor Budget Wary Services County of Orange Before me,the undersigned Notary Public,personally appeared William G. Oakley,the President and CEO of Goodwill Industries of Central Florida, Inc., who acknowledge before me that he executed this instrument on the 7'1'4 day of `7/(gA.i4 , 2013 and who was rV either personally known to me or ❑ who produced as identification. :P�� DEBRA 0.BRUNSON r` t j * MY COMMISSION#DD 983552 EXPIRES.May 22,2014 !ic...�� i.�� 114,,jr °tee BOOM ThILLBu PN61"q-SeReee, otary Pubic Commission expires Type or Print name of Notary 3