FIRST AMENDMENT TO
BUDDHIST MEMORIAL COMPLEX
DEVELOPMENT AND USE AGREEMENT
THIS FIRST AMENDMENT pertains to that certain BUDDHIST MEMORIAL COMPLEX
DEVELOPMENT AND USE AGREEMENT (the "Agreement"), dated March 1, 1994, by and
between Rose Hills Memorial Park Association, a California nonprofit mutual
benefit corporation ("Association") and the International Buddhist Progress
Society, a California nonprofit religious corporation ("Temple").
RECITALS
The parties desire to expand the scope of the Buddhist Memorial Complex
to include an additional area consisting of approximately three-fourths (0.75)
of an acre, located contiguous to and Easterly of the initial Site. The expanded
area shall be utilized as a urn garden (sometimes referred to as a "stupas
garden"), wherein inurned ashes will be placed within or upon the surface of the
ground. In consideration for the expansion of the Site, Temple agrees to pay to
Association the additional sum of Five Hundred Thousand and no/100 Dollars
($500,000.00), of which Sixty Thousand and no/100 Dollars ($60,000.00) shall be
paid in cash forthwith. In order to memorialize these recitals, the Agreement is
hereby amended as follows:
AMENDMENTS
1. Paragraph 1.1 of the Agreement is hereby amended to read in full
as follows:
"1.1 Property. Association is the owner of those certain
premises (the "Property") consisting of the real property described in
Exhibit "A" attached hereto (the "Site"), on which a columbarium and
related facilities (the "Buddhist Memorial Complex" or "Complex") are
to constructed in accordance with this Agreement. The Property is
located within the larger cemetery commonly known as Rose Hills
Memorial Park (Whittier, California) (the "Memorial Park")."
2. Paragraph 4.7.2 of the Agreement is hereby amended to read in full
as follows:
"4.7.2 Payment for Interment Rights. Temple shall pay
Association One Million Three Hundred Seventy Five Thousand and no/100
Dollars ($1,375,000.00) for all interment rights associated with the
Site. Of this sum, Temple shall pay Association One Hundred Sixty
Thousand and no/100 Dollars ($160,000.00) upon the execution of this
Agreement. The balance of One Million Two Hundred Fifteen Thousand and
no/100 Dollars ($1,215,000.00) shall be paid, without interest, as
follows:
2
(a) Subject to paragraph 4.7.2(b), Temple shall pay
Association ten percent (10%) of the gross revenues received
by Temple from the sale of niches in the Complex (including
the urn garden), commencing with the Completion Date and
completion of the first sale of a niche.
(b) If any balance shall be outstanding on the
Seventh (7th) anniversary of the Completion Date, such amount
shall be paid in full on January 1, 2003."
3. Paragraph 7.2 of the Agreement is amended to read in full as
follows:
"7.2 Use. The Complex shall be used and occupied only for a
columbarium and for an urn garden (sometimes referred to as a "stupas
garden") and any other uses that are reasonably related or comparable
thereto, including religious ceremonies, and for no other purpose.
Temple shall not use or permit the use of the Complex in any manner
that will tend to create waste or a nuisance. Association and Temple
shall cooperate in scheduling the use of Association's assembly hall
and chapel located outside of the Complex, which Temple shall have the
non-exclusive right to use as needed."
4. Except as herein expressly amended, the Agreement shall remain in
full force and effect. The Option Concerning Adjacent Site which is set forth in
Article IX of the Agreement shall not be affected by this Amendment. It is
intended that the additional area added to the Site by this Amendment shall
become subject to all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF the parties have executed this First Amendment as of
the 1st day of September, 1994.
ROSE HILLS MEMORIAL PARK
ASSOCIATION, a California nonprofit
mutual benefit corporation
By:
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Its:
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INTERNATIONAL BUDDHIST PROGRESS
SOCIETY, a California nonprofit
religious corporation
By:
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Its:
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