SECOND AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
SECOND AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
THIS SECOND AMENDMENT~BUILDING PERMIT ISSUANCE
AGREEMENT, dated this r..... day of Ne , 2001, amends that certain Building
Permit Issuance Agreement between the CITY OF CLEARWATER FLORIDA, a Florida
municipal corporation ("City"), and the CHURCH OF SCIENTOLOGY RELIGIOUS
TRUST ("Church"), as follows:
R E C! T A .b S:
A On March 21, 2000, the City and the Church entered into that certain
Building Permit Issuance Agreement ("Agreement"), which is hereby incorporated by
reference.
B. On December 28, 2000, the City and Church entered into that certain First
Amendment to Building Permit Issuance Agreement, which is hereby incorporated by
reference.
C. At this time, it appears that the opening of the Church's "Super Power"
Building will occur in the Spring of 2003.
D. The Church desires to extend the period of time for which it must submit
plans for the construction of the garage to meet the required parking for the Super
Power Building.
E. The City has agreed to such an extension, on the terms and conditions set
forth below.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it
is agreed as follows:
1. Recitals. The above recitals are true and correct and are hereby
incorporated by reference.
2. Timeframe Extensions. The Church shall have until February 28, 2002 in
which to submit to the City building plans for its parking facility. The Church
understands and acknowledges that it will not be able to obtain a certificate of
occupancy on the Super Power Building until such time as it has built its remaining
required parking, made payment in lieu of constructing parking, or a combination
thereof, all as set forth in the Agreement.
3, Replacement of Letter of Credit. The original letter of credit delivered to
the City pursuant to the Agreement shall be returned to the Church, and simultaneously
replaced with a Letter of Credit in the form attached hereto as Exhibit "A," to reflect the
change of date referred to in paragraph 2 above,
()O -df,5.00
4. No other Modification. Except as expressly modified herein, the
Agreement is hereby ratified and reaffirmed by the parties, and shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Building Permit Issuance Agreement the date and year first above written,
CITY OF CLEARWATER, FLORIDA
By: ~;....:BMu..... ~
Bill Horne
IlX1tgrir;;R City Manager
Attest:
-~~.
:rc as to fonn:
Pam Akin
City Attorney
CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST:
rJ~d~
SignatUreV -r
^)~AJc.'f HAle.v
~rint name /
~~-~
S1gmlure
::J a..yne E I 5.eA."'-s
Print name
BY~ (!f~-
Bob Wright, Agent
Date: Z ~ ?V(}v. .(Vn.....,b-e.r2-od I
11/28/2001 3:01 PM d-1
41122.101799
#252932 v1 - CHURCH SCIENTOLOGY 2nd Amendment Bldg. Permit Issuance Agt.
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EXHIBIT "A"
In connection with the construction of the Church of Scientology Ministerial
Training and Pastoral Counseling Center (Center) in Clearwater, Florida, the owner has
on or before February 28, 2002, failed to (1) pay to the City of Clearwater, Florida (City)
a fee of USD 4,500 (City to insert fee amount) per parking space as established by the
City Commission (Parking Fee) for four hundred seventy five (475) parking spaces (the
balance of the Required Parking), for a total payment to the City of USD $2,137,500.00
(City to insert total fee due); or (2) receive a building permit for construction of the
balance of the required parking which will serve the Center; or (3) receive a building
permit for construction of fewer spaces than the balance of the Required Parking, and
pay the Parking Fee for the number of parking spaces fewer than the balance of the
Required Parking, resulting in an aggregate Parking Fee being payable to the City in the
amount of USD ~ /37. 506 . CJ 0 (City to insert amount).
#252932 v1 - CHURCH SCIENTOLOGY 2nd Amendment Bldg. Permit Issuance Agt.
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CALIFORNIA BANK & TRUST
International Operations
250 E, First Street, Ste 500
Los Angeles, California 90012
Phone: (213) 633-5660
S.W,I.F.T, CALBUS66
Telex: 470075 SUMTUI
Amendment of
Standby Letter of Credit
January 8, 2002
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB99-8243
AMENDMENT
BENEFICIARY:
CITY OF CLEARWATER, FL
112 SOUTH OSCEOLA AVENUE
CLEARWATER, FL 33756
ATTN: CITY ATTORNEY - PAM AKIN
LETTER OF CREDIT DATE:
March 24, 2000
CURRENT AMOUNT: USD2,137,500.00
Dear SirlMadarn:
We have been requested by CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, 6331 HOLLYWOOD
BLVD., LOS ANGELES, CA 90028 to amend the above referenced IRREVOCABLE LETTER OF CREDIT
issued in your favor, as follows:
The new expiry date of this letter of credit is: December 2, 2002
All other terms and conditions remain the same.
This amendment is an integral part of the captioned letter of credit and must be attached to the said letter in your
possession.
If you have any questions concerning this t
tion, please call us at (213) 6335664,5662 or 5663,