2013-87 f ,
INSTRUMENT#2014014295
OR BK 4437 PG 1924-1925 (2 PGS)
DATE 2/6/2014 11 12 21 AM
Return to: 451153 NEIL KELLY, CLERK OF THE CIRCUIT COURT
City of Clermont LAKE COUNTY
RECORDING FEES$18 50
City Clerk
PO Box 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 April 16, 2013 (hereinafter
"the Agreement") between the City of Clermont and CLERMONT PEP VENTURES, LLC,
1851 W. Indianatown Road, Suite 101, Jupiter, Florida 33458, hereinafter "OWNER" as the
owner of the property being developed as the Pep Boys, building permit No. 201200503 issued
by the City of Clermont for property described as:
Pep Boys
Clermont, Oak Hill Commons—Unit I Partial Replat Sub Lot 1A, Being in 30-22-
26, PB 65, PG 10, ORB 4161 PG 1088
As recorded in the Public Records of Lake County
Alt Key No.: 3886717
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
$36,453.32 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
$36,453.32 and the amount of the total amount of the police, fire, water and sewer impact fees
Pep Boys&Oak Hill Commons, Impact Fee Agreement, Second Amendment
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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
(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 $36,453.32, then the Certificate of Occupancy shall be issued and the City of Clermont
shall refund to the undersigned the difference between $36,453.32 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 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 C�,� ont Clermont PEP Ventures,LLC
By II'�, l� By ,
. ,k11.2.49-Dane Gr. ity :nager -/(1-44-4-
/ 30 /a o 3 M4 Mc611 ( RRS1c{�//
/ / Printed Name and Title of officer of
Date Clermont PEP Ventures, LLC.
Date
Pep Boys& Oak Hill Commons, Impact Fee Agreement, Second Amendment
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