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Home My WebLink AboutDocumentation_Regular_Tab 05J_11/13/2003 (2) • WEISS SE�OTA HEL�'MAN i PASTbFiIZA GUEDES COLE c�C BONISKE, P.A ATTO R N EYS AT LAW MITCNELL A. BIERMAN MIAMI-DADE OFFICE JENN�FER A. GO�DBERG NINA L. BONISKE 2665 SOUTH BAYSHORE DRIVE DOUGLAS R. GONZALES JAMIE ALAN COLE SU ITE 420 MARK B. KRAVITZ EDWARD G. GUEDES CHRISTOPHER F. NURTZ STEPNEN J. HELFMAN MIAMI, FLORIDA 33133 HARRiET R. LEWIS� JOHN R. HERIN, JR. PETER A. LICH7MAN GILBERTO PASTORIZA KAREN LIEBERMAN� GARY 1. RESNICK TELEPHONE 305-854-08QO MATTliEW H. MANDEL JOSEPH H. SEROTA TELECOPIER 305-654-2323 BERNARD 5. MANDLER� NANCY E. STROUD WWW.WSH-FLALAW.COM MICHAEL J. MARRERO RICHARD JAY WEISS ALEXANOER L. PALENZUELA-MAURI DAVID M. WOLPIN BROWARD OFFICE MICHAEL S. POPOK� STEVEN W. ZELKOWIT2 3107 STIRIING ROAD • SUITE 300 ANTHONY L. RECIO FORT LAUDERDALE, FLORIDA 33312 MARK A. ROTNENBERG TELEPNONE,954-763-4242 • TELECOPIER 954-764-7770 SCOTT A. ROBIN THOMAS J. ANSBRO� DANA J. SCHINDLER LILLIAN ARANGO DE LA HOZ� GA�L D. SEROTA� ALISON 5. HIELER �OF COUNSEL JEFFREY P. SHEFFEL MITCHELL J. 6URNSTEIN MIA M. SINGH ELAINE M. COHEN October 29 2003 �OSE S. TALAYERA STEPHANIE DEUTSCH� � SUSAN L.TREVARTHEN Mr. Stephen J. Allison y''� Chief of Police � � � � '�. Tequesta Police Department �T� �;;; 357 Tequesta Drive 1 � R , . � � ' � � j � v` Tequesta, Florida 33469-0273 �,�.___ Re: Amendment to Rooftop Lease between Ocean Towers South Condominium Apartments and Village of Tequesta, Florida (the "Amendment") Dear Mr. Allison: Enclosed please find the revised Amendment which incorporates changes requested by the landlord. The enclosed redline copy highlights the changes. The Amendment is ready for approval by the Village Council. Should you have any questions, please do not hesitate to contact me. V truly urs, Gilberto Pastoriza GP/ms Enclosure cc: Michael R Couzzo, Jr., Village Manager � AMENDMENT TO ROOFTOP LEASE AGREEMENT This amendment (the "Amendment") to the Rooftop Lease Agreement (the "AgreemenY') is made this day of October, 2003 between Ocean Towers South Condominium Aparhnents ("Landlord") and Village of Tequesta, Florida ("Tenant"). RECTTALS 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 aclrnowledge 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 insta.11ment 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 direetiv by Tenant as a result of Landlord's installation of the generator. Not�uithstandinQ anv of the above, this indemnitv and hold ha�mless shal] not applv to auv claim against Tenani for conseauential damaaes or anv other liabilitv of Tenant to a third party ��rising out of the failure of the generator to function properlv. 4. Attornevs Fees. In the event of any disputes and/or action arising from the , Agreement and/or Amendment, the prevailing party n_ r�v be awarded reasonable attorneys fees .,...- -( ��etea : shall � 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. WHEREFORE, the parties hereby enter into this Amendment as of the date first set forth above. Signed, sealed and delivered in the Presence of: LANDLORD: OCEAN TOWERS SOUTH CONDOMINNM APARTMENTS By: Witness Print Name: Print Name: I�; Witness Print Name: TENANT: VILLAGE OF TEQUESTA By: Wihiess Print Name: Print Name: • I�: Wifiess Print Name: 719009 2 . AMENDMENT TO ROOFTOP LEASE AGREEMENT This amendment (the "Amendment") to the Rooftop Lease Agreement (the "Agreement") is made this 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. Svstem Enhancement. Tenant shall have the right to place additional equipment andlor replace its existing equipment if so required by changes in usage and/or technology. 3. Indemnafication. 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 hannless shall not apply to any cla.im 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. Attornevs 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. . WHEREFORE, the parties hereby enter into this Amendment a.s of the date first set forth above. Signed, sealed and delivered in the Presence of: LANDLORD: OCEAN TOWERS SOUTH CONDOMINIUM APARTMENTS By: Witness Print Name: Print Name: Its: Witness Print Name: TENANT: VILLAGE OF TEQUESTA By: Witness Print Name: Print Name: Its: Witness Print Name: 719009 2 ;i A.MENDMENT TO ROOFTOP LEASE AGREEMENT This amendment (the "Amendment") to the Rooftop Lease Agreement (the "AgreemenY') is ma.de this day of October, 2003 between Ocean Towers South Condominium Apartments ("Landlord") anc3 Village of Tequesta, Florida ("Tenant"). RECITALS 1. CUn April 18, 2001, Landlord and Tenant entered into the Agreernent. 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 a.mount 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. S_ystem Enhancement. Tenant shall have the right to place additional equipment and/or replace its existing equipment if so required by changes in usage andJor 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 hatmless 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. WHEREFORE, the parties hereby enter into this Amendxnent as of the date first set forth above. Signed, sealed and delivered in the Presence of LANDLORD: OCEAN TOWERS SOUTH CONDOMINIUM APARTMENTS By: Witness Print Name: Print.Name: Its: Witness Print Name: TENANT: VILLAGE OF TEQUESTA By: . Witness Print Name: � Print Name: Its: Witness Print Name: 719009 2 � , AMENDMENT TO ROOFTOP LEASE AGREEMENT This amendment (the "Amendment") to the Rooftop Lease Agreement (the "Agreement") is made this day of October, 2003 between Ocean Towers South Condominium Aparirnents ("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. Z. �stem Enhancement. Tenant shall have the right to place additional equipment and/or replace its existing equipment if so required by changes in usage andlor technology. 3. Indemnification. Except as provided in paragraph 1, Landlord shall indemnify and hold Tenant harmless for any costs, expenses andJor liabilities in.curred 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 cla.i.m against Tenant for consequential damages or any other liability of Tenant to a third party arising aut of the failure of the generator to fitnction properly. 4. Attornevs Fees. In the event of any disputes andlor 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. WHEREFORE, the parties hereby enter into tl2is Amendment as of the date first set forth above. Signed, sealed and delivered in the Presence of: LANDLORD: OCEAN TOWERS SOUTH CONDOMINIUM APARTMENTS By: Witness Print Name: Print.Name: Its: Witness Print Name: TENANT: VILLAGE OF TEQUESTA By: Witness Print Name: Print Name: Its: Witness Print Name: 719009 2