Exhibit 10.13
SECOND AMENDMENT TO
SUPPLEMENTAL
RETIREMENT/DEATH BENEFITS AGREEMENT
THIS AMENDMENT
entered into this 1 st day of January ,
2004 by and between POST, BUCKLEY, SCHUH &
JERNIGAN, INC. (PSBJ Inc.) and The PBSJ Corporation (PBSJ Corp.),
Florida corporations, with principal offices in Miami, Florida
(collectively hereinafter referred to as the
“Corporations”) and Robert J. Paulsen, (hereinafter
referred to as the “Employee”).
RECITALS
A. The Corporations and the Employee
entered into a Supplemental Retirement/Death Benefits Agreement
(the “Agreement”) dated December 17, 1987, which
Agreement and Amendment dealt with the employment of the Employee
for a specified period.
WHEREAS, the parties hereto desire
to further amend the Agreement and Amendment to reflect the current
and revised understanding of the parties with respect to certain
rights, obligations and benefits of the parties under the
Agreement.
NOW, THEREFORE, in consideration of
the mutual covenants herein contained and other good and valuable
considerations, the adequacy and receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Amount of Full Benefits .
The Amount of the Employee’s annual Full Benefit, identified
in the First Amendment to the Agreement dated January 2002 as Fifty
Thousand Dollars ($50,000), shall be increased by Twenty-Five
Thousand Dollars ($25,000) to a total of Seventy-Five Thousand
Dollars ($75,000).
The above shall be payable according
to the same term (15 years) and subject to the same escalation
factors (lesser of three percent [3%] or the increase in the CPI
and scheduled full benefit annual increase amounts) as stipulated
in the First Amendment to the Agreement dated January
2002.
2. Miscellaneous .
(a) Except as expressly provided
herein, the Agreement, as amended, shall remain in full force and
effect without any modification or waiver of any provision
thereof.
(b) This Second Amendment shall be
governed by the laws of the State of Florida, without regard to the
principles of conflicts of laws thereunder.
(c) The Agreement, as amended, sets
forth the entire understanding of the parties as to the subjects
discussed therein, and supersedes all prior understandings,
commitments, agreements, whether oral or written, relating to the
subject matter thereof.
(d) This Second Amendment may be
executed in any number of counterparts, and each such
