FIRST AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
FIRST AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
THIS FIRST AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT,
dated this ~ day of December, 2000, 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 I TAL 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. The Agreement required the Church to either obtain a building permit for
the construction of certain required parking, or pay certain fees in lieu of parking as
provided for in the Clearwater City Ordinances, or a combination thereof by December
31,2000.
C. The City is desirous of exploring alternative parking solutions in the
downtown area in an attempt to formulate a comprehensive parking solution.
D. The Church is willing to cooperate with the City in its efforts to formulate
such a comprehensive parking solution.
E. The City and the Church desire to extend the Agreement to allow the City
to proceed in this endeavor.
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 City shall have until June 1, 2001 in which to
determine the feasibility of implementing a comprehensive downtown parking proposal.
In the event that the City is unable to fashion such a solution, or the proposed solution is
unacceptable to the Church, the Church shall proceed to build its remaining required
parking, make payment in lieu of constructing parking, or a combination thereof, all as
set forth in the Agreement. In such case, the Church shall have until October 1, 2001 in
which to submit building plans for its parking facility.
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 First Amendment to
Building Permit Issuance Agreement the date and year first above written.
CITY OF CLEARWATER, FLORIDA
Attest:
By:
~4.u~e~~
.uJCyn la . Goude~u /-: --rI'
D City Clerk '-.-
AP~/ ~
Pam Akin z!};
City Attorney
CHURCH OF SCIENTOLOGY
RELIGIOUS TRUST:
O~~.~ By:~d2~
Signature Tom DeVocht, Trustee
As: 77?USI ~
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Print name
(:).J~ cJ:o ~
Signature
~ in tot t c-. L 0 L...J r-e 6--
Print name
Date:
z<f: ~€C z:-~
12/27/20003:44 PM d-2
41122.101799
#229418 v1 - CHURCH SCIENTOLOGY 1st Amendment Bldg. Permit Issuance Agt.
2
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 October 1, 2001, 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).
207474 v,1