NINTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
NINTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT
THIS NINTH AMENDMENT TO BUILDING PERMIT ISSUANCE AGREEMENT, dated
:::JUNE: ,28, 2006, 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:
R 5 C ! 18 1: ~:
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. On December 18, 2003, the City and the Church entered into that certain Fourth
Amendment to Building Permit Issuance Agreement, which is hereby incorporated by reference.
F. On June 17, 2004, the City and the Church entered into that certain Fifth
Amendment to Building Permit Issuance Agreement, which is hereby incorporated by reference.
G. On December 12, 2004, the City and the Church entered into that certain Sixth
Amendment to Building Permit and Issuance Agreement, which is hereby incorporated by
reference.
H. On August 3, 2005, the City and the Church entered into that certain Seventh
Amendment to Building Permit and Issuance Agreement, which is hereby incorporated by
reference.
I. On February 17, 2006, the City and the Church entered into that certain Eighth
Amendment to Building Permit and Issuance Agreement, which is hereby incorporated by
reference.
J. At this time, it appears that the opening of the Church's "Super Power" Building
will occur in 2007.
K. 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.
L.
below.
The City has agreed to such an extension, on the terms and conditions set forth
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is
agreed as follows:
1.
reference.
Recitals. The above recitals are true and correct and are hereby incorporated by
2. Timeframe Extension. The Church shall have until October 15,2006, in which to
obtain a development order for and submit an application for building permits to the City for its
parking facility. The parking facility shall be no less than 475 spaces but may exceed that
number. 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/etter 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 an expiration date of
November 15, 2006.
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 Eighth Amendment to Building
Permit Issuance Agreement the date and year first above written.
CITY OF CLEARWATER, FLORIDA
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Attest:
By:
Bill Home
City Manager
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CHURC~OLOGY
RELIGIOUS. /
By: <7: ",----
Uli Huber, Agent
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#377089 v1 - CSRT--Ninth Amendment to Building Permit Issuance Agreement
2
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CALIFORNIA BANK '" TRUST
Intem.ational Operations
550 South Hope Street. 3rd Floor
~8 Angel~ Califonria. 90071 .
S.W.LF.t. CALBtJS66
~endmerit. of
Standby letter of Credit
(EXHIBIT A)
June 21, 2006
IRREVOCABLE STANDBY LETfER OF' CREDIT NO. SB99..9811
AMJn'iDMENr
. BENEFICIARY:
CITY OF CLEARWATER, FL
112 SOlITH OSCEOLA AVENUE
CLEARWATER FL 33756
AT'rn: CITY ATTORNEY . PAM AKIN
LETrBR. OF CREDIT DATE:
March 6, 2006
CURREl\I-r AMOUNT: USD2.137,500~OO
Dear SitlMa.dam:
We have been 1"elluestcd by CHURCH OF SCIENTOLOGY REUGIQUS TRUST, 6331 HOu'r"WOOD
BL YD., LOS ANGELES, CJ\ 90028 to amend t:he above referenced IRREVOCABLE LETTER OF CREDIT issued
in your favor, as follows;
The new expiry dare of this l~ of credit is; November 15,2006
All other te~ md conditions temairJ the same.
This amendment is an integral part of the captioned letter of credit and .must be a~~d to the said letter in your
possession.
. If you have any questions concerning this trlm$ar.tiQu, p!el\se call us at (213) 593-2131 or (20) 593":2l30;
Sincerlllly,
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Anthon-! s~
LlndaShum
Vice PnsIdeDt
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