HomeMy WebLinkAboutAgreements_General_08/05/2010 (3) MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made this 6' 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, Sheltra & Son Construction Co., Inc. a Florida corporation, whose principal
address is 14911 Van Buren Avenue, Indiantown, Florida 34956, herein referred to as CONTRACTOR 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;
Whereas, the OWNERS and the VILLAGE have entered into a Memorandum of Understanding whereby
the OWNERS have agreed to allow the VILLAGE's contractor, the CONTRACTOR, use the Premises (as defined
below);
Whereas, the CONTRACTOR is in the process of constructing the new Tequesta Drive bridge; and
Whereas, the CONTRACTOR is ready to commence construction of several decorative panels for said
bridge; and
Whereas, the 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 VILLAGE is desirous of accelerating the bridge construction schedule, desires to cooperate
fully with the CONTRACTOR, and is able and willing to provide CONTRACTOR with a suitable off -site location
(as described in further detail hereinbelow) to construct said panels; and
Whereas, the CONTRACTOR desires to utilize said off -site location, and the parties 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 CONTRACTOR agree as follows:
1. The VILLAGE shall make available to the CONTRACTOR 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 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 Date ").
2. The VILLAGE and the OWNERS agree that their respective personnel and employees shall not interfere
with CONTRACTOR'S work at the Premises while the CONTRACTOR is present performing
construction work.
3. The CONTRACTOR acknowledges that it has inspected Premises and has determined that it is adequate
and suitable for its needs as set forth herein.
4. In conjunction with the use of the Premises, the CONTRACTOR agrees to indemnify, defend and hold
harmless the VILLAGE and the OWNERS for any loss, cost or damage (including reasonable attorneys
fees) that arises out of or results from said use of said off -site work area. 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 CONTRACTOR shall restore the Premises to the condition it was in prior to
the CONTRACTOR'S use thereof and to the extent the CONTRACTOR fails to immediately restore the
Premises, the CONTRACTOR shall indemnify, defend and hold harmless the OWNERS for any costs or
expenses incurred in restoring the Premises.
5. The CONTRACTOR verifies that it has appropriate and adequate insurance, including liability insurance,
with respect to the type of work being performed at the Premises.
6. Upon completion of the decorative panel construction and their subsequent transportation to the bridge site,
this MEMORANDUM OF UNDERSTANDING shall be of no further force or effect; provided that the
indemnities set forth in paragraph 4 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.
SHELTRA & SON C STRUCTION CO., INC.
By:
Richard . Sheltra, President
VILLAGE OF TEQUESTA
By:
Michael Couzzo, Village Manager
CRE PROPERTIES, INC. f�
Monica Kull, Vice President
GMH ASSOCIATES, INC.
By:
James 1. Kennedy, General Counsel
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
SHELTRA 6c SON=STRUC CO., INC.
By: 41�
Richard Y, Sheltra, President
VILLAGE OF TEQUESTA
By:
Michael Couzzo, Village Manager
CRE.P..R.OyP�ERTIES, INC. I
By:
Monica Kull, Vice President
GMH A ATES C.
By: _
James 1. Kennedy, General 1
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