2013-89 - A
INSTRUMENT#2014014297
OR BK 4437 PG 1929-1931 (3 PGS)
DATE 2/6/2014 11 12 21 AM
Return to: NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
City of Clermont . RECORDING FEES$27 00
City Clerk c 45°3
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 certam agreement dated March 7, 2013 (as amended
by the First Amendment, hereinafter referred to as "the Agreement") between the City of
Clermont and Goodwill Industries of Central Flonda, 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 Industnes
Clermont, Oak Hill Commons—Umt 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
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, pnor 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) If the new impact fee study has not been adopted,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, the OWNER pays to the
City of Clermont the difference between $65,105 82 and the amount of the total amount of the
Goodwill Industnes, Impact Fee Agreement, Second Amendment
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police, fire, water and sewer impact fees related to the project calculated m 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 $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
3 All other terms and conditions set forth in the Agreement shall remain m full
force and effect and unchanged as agreed to by the parties
4 This document shall be recorded by the City m 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, terminatmg 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 mdicated below
City of Clermont
By /1∎ k
Darr:A.0ry, City ager
I .2/3D/..2,0/ 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
30'- day of NceM6 J-' , 2013 and who was,letither personally known to me or ❑
who produced as identification
litill1■■•••••• AIL
No . Public Commission expires ,c,.„ ,�,�smote a Flonda
ante,K s�o
commission EE 835298
�.�,5 . Mt �
12/27/2016
Type or Print name of Notary f
Notary Pubic State of Flonda
• James K Filtt
Goodwill Industnes, Impact Fee Agreement, Second Amend t ,�,,,,, exoro vm2 EE 835298
Explre�12/27/2018
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Goodwill Industries of Central Florida,Inc
t
By
/L,,A /EL /ifer:
Printed Name and T e of officer of
Goodwill Industries of Central Florida, Inc.
/ P4
Date
State of Flonda
County of.Ike
Oral v l,
Before me, the undersigned Notary Public, personally appeared 4„6/
Goodwill Industries, Inc , who acknowledge before me that he executed this mstrument on the
. JO's day of A.c1..' , 2013 and who was deither personally known to me or ❑
who produced as identification.
w
(Notary Pubh Commission expires.
tot"a�•:ber% DEBRA 0 BRUNSON
1E MV COMMISSION I DD 983552
Type or Print n. +i ? •igOtalifiES May 22,2014
° : Bonded Thru Budget Notary Sernces
Goodwill Industnes, Impact Fee Agreement, Second Amendment
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