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MEMORANDUM OF AGREF.MENT
This Memorandum of Agreement made this 28 day of
September, 1984, between GORHAM CONSTRUCTION COMPANY, a
Florida corporation, having its principal place of business at
~ ~ ~ ~ ~ a _ a n d ~~Q
CHOEFiE, LTD, a E'lorida limited partnership ("Choebe"
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, ) who agreE as follows:
1. Gorham Construction Company (Construction) has been
granted the right to remain in possession of the real ~roperty
describeci on Exhibit "A" hereto (the "Property" ) for a period of ~f1o~ ~a
~~,p,~ one hundred and twenty ( 1 20) consecutive days from the date
hereof upon terms and conditions set forth in that certain .J~`
agreement betwee~ them of even date herewitt~ (the "Agreement")
tha pr~visions of which are incorporated into this Memorandum of
Ag reement ty reference.
2. Reference is made to paragraph 1.04 of the
Agreement which provides as follows:
! "Choebe is agreeable tc~ allowing Co nstruction
to remain in nonexclusive possession of the
; Property for a period not to exceed one
~ hunc~red and twenty ( 1 20) days f rom the date
hereof uFon the terms and conditions herein
~ set forth, with respect to a?1 of which the
parties are in a~reement."
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~ 3. Pursuant to the Agreem~nt, Construction is prohi-
bited from subjecting the estate, right, title or interest of
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~ Choebe in anc~ to the Property te liens under Elorida Statutes
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~ Cha~ter 713, or ott~er lien laws, for improvements made by or on
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~ behalf of Construction.
~ 4. Construction's right of possession to the ProQerty
under the Agreement is subject to no rights of extension, options
or rights of first refusal and said possessory right shall forth-
with terminate, be null, void an~ of no further effect upon the
~ earlier of Construction's vacation of the Property, Choebe's ter-
~ mination of same in accordance with the Agreement or, thE one
~ hundred and twentieth (120th) consecutive day from the date
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