2013-88 INSTRUMENT#2014014296
OR BK PG - PGS)
DATE 2/6/2014 NEIL
Return to: KELLY4437 , CLERK 1926 OF 1928 THE(3 CIRCUIT COURT
11 12 21 AM
LAKE COUNTY
City of Clermont Ito 01, RECORDING FEES$27 00
City Clerk
PO Box 120219
Clermont Fl.34711
FIRST AMENDMENT TO
CERTIFICATE OF OCCUPANCY
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
RELATED TO PAYMENT OF WATER AND SEWER IMPACT FEES
This First Amendment is to that certain agreement dated April 16, 2013 (hereinafter"the
Agreement") between the CITY OF CLERMONT, a political subdivision of the State of
Florida (hereinafter "City"), whose address is 685 West Montrose Street, Clermont, FL 34711
and CLERMONT MOTOR SALES, LLC, a Florida limited liability company (hereinafter
"OWNER"), whose address is 3575 Vineland Rd., Orlando, FL 32811 as the owner of the
property being developed as the Clermont Motor Sales, LLC, Lake County Building Permit No.:
2011120088, issued by Lake County for property described as:
Clermont Motor Sales,LLC(Toyota of Clermont)
Legal Description: LAKE HIGHLANDS 26-22-26 BEG AT NE COR OF SEC, RUN S
0-40-12 W 1183.47 FT TO N R/W LINE OF SR 50,N 89-09-12 W 680.32 FT,N 0-25-
53 W TO N LINE OF SEC,E ALONG SAID N LINE OF SEC TO POB,BEING
TRACTS 1 & 16,PART OF TRACTS 2& 15A PB 3 PG 52 ORB 2754 PG 2314
As recorded in the Public Records of Lake County
Alt Key No.: 1048699&3835574
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. Simultaneous with the execution of this Agreement, the OWNER has paid to the City of
Clermont FORTY-THREE THOUSAND NINETEEN AND 00/100 ($43,019.00) DOLLARS
toward water and sewer impact fees related to the project, which City hereby acknowledges it
has received from OWNER.
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 $43,019.00, the
City of Clermont shall refund to the undersigned the difference between $43,019.00 and the
amount of impact fees calculated for the project pursuant to the new impact fee study. In the
Toyota of Clermont, Impact Fee Agreement, First Amendment
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event that the impact fees are less than the amount paid, the OWNER agrees to pay the City the
difference between the amount paid and the impact fees established in the new impact fee study.
4. In the event the new impact fees enacted by the City result in a fee which is higher than
the amount paid in Section 2 hereof, OWNER hereby reserves the right to pay the new amount
under protest and seek relief through all available administrative and judicial remedies.
5. 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.
6. 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
certificate of occupancy by Lake County as contemplated herein.
7. 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, upon ten (10) days prior written
notice to OWNER at the address set forth above, to terminate water and sewer service to the
subject structure and business.
8. This document shall be recorded by City, at OWNER'S expense in the public records of
Lake County Florida.
(Remainder of page initially left blank}
Toyota of Clermont, Impact Fee Agreement, First Amendment
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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 Clermont Motor Sales,LLC,a Florida
limited liability/)mpany
By By —= _IV
��,
Darre City Manager
.losct�� A. Siv/GG /
\ d ' ) Printed Name and Title of officer of
Date Clermont Motor Sales,LLC
�J2o)r,3
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
23 day of DeC,enn 6eu— , 2013 and who was v^either personally know ttajne or ❑
who produced as identification.
_. 1 -
No .ry Public Commission expires
Notary Public State of Fbnde
Type or Print name of Notary . James K Hitt
o :4"‘"s 1m2/2s7w2i
0 EE 85288
State of Florida
County of Lake
Before me, the undersigned Notary Public,personally appeared `J o S P p(�h A-. J I Astilqq
for Clermont Motor Sales,LLC,who acknowledge before me that he executed this instrument
on the o,O-1:---.11/4 day of 7 e.0 e m l0 e c , 2013 and who was prerther personally known to
me or❑ who produced as identification.
edk-V-LICLA--
otary Public Commission expires,.
EUE C ONE G /e y 0 04 , .r_ MY COMMISSI ON tl ff 0 0
6647
EXPIRES.November 5/2014
Type or Print name of Notary Bonded Tins Notary Public Underwriters
Toyota of Clermont, Impact Fee Agreement, First Amendment
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