Memorandum of Understanding on real property

Today I drafted a ‘Memorandum of Understanding’ for parties interested in future operations at Money Island. Several parties have expressed interest but we have no written agreements yet. A proposed funders asked for this next step in writing.

Memorandum of Understanding – Money Island Marina Community
Whereas:
1) I have agreed to act as titleholder for the majority ownership stakeholders in a collection of properties known as the Money Island Marina Community. These properties include properties formerly used by Baysave, a consortium led by The Nature Conservancy and Rusty Joe’s Marina, properties in the Newport NJ area, and include properties whose owners wish to remain unnamed in public discussion at this time. These stakeholders are hereafter collectively referred to below as “We”.
2) I may not represent all of the stakeholders of these properties; nor am I saying that all of the stakeholders have been identified and had their claims vetted. Any party to an agreement will be subject to the possibility of other claims of other stakeholders.
3) These properties were formerly used as residences, businesses and research sites. In 2019 these properties are used only as my personal residence. We have no plans to continue using them beyond the current year.
4) The cost basis of the properties exceeds their current market value. We are unwilling or unable to sell the properties except as provided in this memorandum of understanding.
Therefore:
1) We invite requests by other parties to use any or all of the properties for periods up to ten years at no cost under a ‘triple net lease’ with an option to extend or purchase after that period.
2) An offer of use may include the option to purchase at the adjusted cost basis as calculated by the seller and stakeholder(s).
3) An offer of use may include the responsibility to raise financing for redevelopment.
4) This offer is not exclusive. Offers are extended simultaneously to various government, private individuals, businesses, public organizations, nonprofit groups and educational organizations in hopes of soliciting an offer of use for any or all of the properties.
If you or your organization has any interest in expansion at Money Island

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, I invite further discussion.
Tony Novak

Meanwhile, some photos on this hot and buggy day: