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AMENDMENT TO ROOFTOP LEASE AGREEMENT
This amendment (the "Amendment") to the Rooftop Lease Agreement (the "Agreement")
is made this :It day of October, 2003 between Ocean Towers South Condominium Apartments
("Landlord") and Village of Tequesta, Florida ("Tenant").
RECITALS
1. On April 18, 2001, Landlord and Tenant entered into the Agreement.
2. Landlord and Tenant wish to amend the Agreement as provided for herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration the receipt and adequacy of which the parties acknowledge and agree as follows:
1. Generator. Landlord shall replace the existing generator which provides
secondary power to Tenant's facilities. Tenant shall pay 50% of the reasonable costs of
obtaining and installing the generator in an amount not to exceed $15,000 (the "Generator
Cost"). Tenant shall pay the Generator Cost in 3 equal annual payments in an amount not to
exceed $5,000 per year. The first installment shall occur within 30 days after Landlord notifies
Tenant in writing that the generator is installed and is working properly.
2. System Enhancement. Tenant shall have the right to place additional
equipment and/or replace its existing equipment if so required by changes in usage and/or
technology.
3. Indemnification. Except as provided in paragraph 1, Landlord shall indemnify
and hold Tenant harmless for any costs, expenses and/or liabilities incurred directly by Tenant as
a result of Landlord's installation of the generator. Notwithstanding any of the above, this
indemnity and hold harmless shall not apply to any claim against Tenant for consequential
damages or any other liability of Tenant to a third party arising out of the failure of the generator
to function properly.
4. Attorneys Fees. In the event of any disputes and/or action arising from the
Agreement and/or Amendment, the prevailing party may be awarded reasonable attorneys fees
and costs.
5. Reinstatement. Except as expressly amended in this Amendment, the
Agreement and Amendment are in full force and effect in accordance with its provisions.
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WHEREFORE, the parties hereby enter into this Amendment as of the date first set forth
above.
Signed, sealed and delivered in the
Presence of:
Witness
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TENANT:
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