HomeMy WebLinkAboutAgreements_General_08/05/2010 (2) MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made this 5 ' day of August, 2010 between the
Village of Tequesta, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469,
herein referred to as the VILLAGE, and GMH Associates, Inc., a Pennsylvania corporation with offices at 10
Campus Boulevard, Newton Square, Pennsylvania 19073 ("GMH") and CRE Properties, Inc., a Florida corporation
with offices located at 14817 Oak Lane, Miami Lakes, Florida 33061 ("CRE ", hereinafter collectively referred to as
OWNERS.
Whereas, the OWNERS are the current title holder and contract purchaser of property located at 223
Village Boulevard, Tequesta, Florida 33469; and
Whereas, the VILLAGE is in the process of constructing a new Tequesta Drive bridge and its contractor
has requested from the VILLAGE the use of an off -site work area in order to construct certain decorative panels for
said bridge; and
Whereas, the VILLAGE'S contractor believes that if it were able to utilize an off -site location to construct
said panels, and then transport said panels back to the bridge site, the construction process would be accelerated; and
Whereas, the OWNERS are willing and able to provide the VILLAGE a suitable off -site location (as
described in fiuther detail hereinbeiow) in order for the VILLAGE'S contractor to construct said panels; and
Whereas, the VILLAGE desires to make said off -site location available for its contractor to use, and the
VILLAGE and the OWNERS desire to enter into this MEMORANDUM OF UNDERSTANDTING in order to
memorialize the rights and responsibilities associated therewith.
Now Therefore, in consideration of the mutual covenants contained herein, the receipt and sufficiency of
which are hereby acknowledged, the VILLAGE and the OWNERS agree as follows:
1. The OWNERS shall make available to the VILLAGE certain land located at the address of 223 Village
Boulevard, Tequesta, Florida 33469, generally located to the immediate north of the existing multi -story
structure, as an off -site work area for the VILLAGE'S contractor to construct the Tequesta Drive bridge
decorative panels (the "Premises'). Said availability shall extend for a period of seventy -five (75) days
from the date hereof (the "Termination Data ").
2. In conjunction with the use of the Premises, the VILLAGE agrees to indemnify, defend and hold harmless
the OWNERS for any loss, cost or damage (including reasonable attorneys tees) that arises out of or results
from said use of the Premises. Upon the earlier of (a) the completion of the decorative panel construction
and their subsequent transportation to the bridge site and (b) the Termination Date, the VILLAGE shall
immediately restore the Premises to the condition it was in prior to the VILLAGE'S contractor's use
thereof and to the extent the VILLAGE fails to immediately restore the Premises, the VILLAGE shall
indemnify, defend and hold harmless the OWNERS for any costs or expenses incurred in restoring the
Promises.
3. The VILLAGE verifies that it has and its contactor has appropriate and adequate insurance, including
liability insurance, with respect to the type of work being parformad at the Promises.
4. Upon completion of the decorative panel construction and their subsequent transportation to the bridge site,
Ws MEMORANDUM. OF UNDERSTANDING shall be of no further force or offeet; provided that the
Indemnities set forth in paragraph 2 shall survive the termination of this MEMORANDUM OF
UNDERSTANDING.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
CRE PROPERTIES, INC.
Monica Kull, Vice President
GMH AS S nr'IATR INC.
By
James 1. Kennedy, :er �al Course
VILLAGE OF TEQUESTA
By:
Michael Couzzo, Village Manager