FIFTH AMENDMENT TO BUILDING PERMIT ISSUANCE
FIFTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
THIS AFfH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT, dated
~ I 7) 2004 amends that certain Building Permit Issuance Agreement
~n the OTY OF a.EARWATER FLORIDA, a Aorida munidpal corporation ("City''),
and the CHURCH OF SCIENTOlOGY REUGIOUS TRUsr ("Church''), as follows:
RECITALS :
A. On March 21, 2000, the aty and the Church entered into that certain
Building Permit Issuance Agreement ("Agreement"), which is hereby
incorporated by reference.
B. On December 28, 2000, the aty 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 Oty 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 Oty and Church entered into that certain Third
Amendment to Building Permit Issuance Agreement, which is hereby
incorporated by reference.
E. On December 18, 2003, the Oty and Church entered into that certain
Fourth Amendment to Building Permit Issuance Agreement, which is hereby
incorporated by reference.
F. At this time, it appears that the opening of the Church's "Super Power"
Building will occur in 2005.
G. 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.
H. 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 December 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, or a combination thereof, as set forth in the Agreement.
3. Reolacement 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 five 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 Fifth Amendment to
. Building Permit Issuance Agreement the date and year first above written.
CITY OF CLEARWATER, FLORIDA
Attest:
BY:~~
Bill Home
City Manager
~ as to form:
Pam Akin
City Attorney
SiW'" -
~ "~eAt..c."
Pnntn~ "
Signature
CHURCH OF SCIENTOLOGY
REUGIOUS TRUST
By:
Steve Varrall, Agent
Date:
Print name
~
Tln~l... .
Los Angeles, California 90071
S.W.I.F.T, CALBUS66
June 2,2004
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, 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.
s;~
Auth~d Signature