FOURTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
FOURTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
THIS FOURTH AMENDMENT TO BUILDING PERMIT ISSUANCE
AGREEMENT, dated PeaiMevf, Ie 2003, amends that certain Building Permit
Issuance Agreement between the CITY OF CLEARWATER FLORIDA, a municipal
corporation ("City"), and the CHURCH OF SCIENTOLOGY RELIGIOUS TRUST
("Church"), as follows:
REC!IAkS:
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. On December 7, 2001, the City and Church entered into that certain
Second Amendment to Building Permit Issuance Agreement, which is hereby
incorporated by reference.
D. On December 2,2002, the City and Church entered into that certain Third
Amendment to Building Permit Issuance Agreement, which is hereby incorporated by
reference.
E. At this time, it appears that the opening of the Church's "Super Power"
Building will occur in the Spring of 2005.
F. 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.
G. 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 Extension. The Church shall have until April 2, 2004 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 construction 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.
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 Fourth Amendment to
Building Permit Issuance Agreement the date and year first above written.
CITY OF CLEARWATER, FLORIDA
Attest:
By:
BiJJ ~
Bill Horne
City Manager
~ 1 r-
- . .1f1.uL' ~<-
~ynth' . GO~ a,
ity Clerk
,
Approved as to form:
JJJJk
Pam Akin
City Attorney
Si&~
SARA V'Ef!.N~()/LIk
Print name
CHURCH OF SCIENTOLOGY
::L1GI~ _,
Steve Varrall, Agent
Date:
\ e -0 e-c.. \03
Signature
Print name
12/18/20039:53 AM d-1
41122.101799
#304533 v1 - CHURCH 4th Amend Bldg. Permit Issuance Agt.
2
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 May 1, 2004, 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 (City to insert amount).
#304533 v1 - CHURCH 4th Amend Bldg. Permit Issuance Agt.
CALIFORNIA BANK & TRUST
International Operations
550 South Hope Street, 3rd Floor
Los Angeles, California 90071
S.WJ.F.T. CALBUS66
Amendment of
Standby Letter of Credit
December 2, 2003
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 Sir/Madam:
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: May 2, 2004
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 transaction, please call us at (213) 593-2131, (213) 593-2130 or (213) 593-2123.
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