HomeMy WebLinkAboutContract 2012 2437 CONFIDENTIALITY AGREEMENT BETWEEN
AEON AND THE CITY OF COLUMBIA EIG TS
HOUSING AND VLOP ENT AUTHORITY
This CONFIDENTIALITY AGREEMENT is made by and between AEON and the
CITY OF COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY
("HRA") for purposes of implementing the goals of the Memorandum of Understanding
executed between the parties on January 24, 2012.
RECITALS
WHEREAS, the HRA owns and oversees operations of Parkview Villa South and
Parkview Villa North, which are attached multi-unit residential housing facilities located at 965
40th Avenue NE in Columbia Heights, Minnesota(collectively"the Subject Properties") ; and
WHEREAS, the HRA has identified Aeon as a qualified party of interest for purchasing
the Subject Properties subject to parties establishing a process for the sale consistent with the
expressed goals of the HRA; and
WHEREAS, the parties entered into the Memorandum of Understanding which outlines
the goals and expectation of each of the parties during the process leading up to the execution of
a purchase agreement for the sale of the Subject Properties by the HRA; and
WHEREAS, Aeon has requested access to documents and data in the possession of the
HRA for purposes of implementing the goals and objectives of the HRA as identified in the
Memorandum of Understanding; and
WHEREAS, some of the documents and data sought by Aeon for review are classified as
not public under the Minnesota Data Practices Act, Minn. Stat. § 13.01 et seq.; and
WHEREAS, access to the documents and data requested by Aeon is reasonably necessary
for Aeon to fulfill its obligations under the Memorandum of Understanding; and
WHEREAS, the Memorandum of Understanding may be modified by mutual agreement
of the parties in writing;
NOW THEREFORE, the parties hereby agree to the following:
1. The HRA will provide Aeon access to documents and data in the possession of
the HRA that are reasonably necessary for purposes of Aeon implementing the goals and
objectives of the HRA as identified in the Memorandum of Understanding.
2. Aeon agrees to comply with the Minnesota Government Data Practices Act and
all other applicable state and federal laws relating to data privacy or confidentiality. All data
created, collected, received stored, used, maintained or disseminated by Aeon in performing its
obligations under the Memorandum of Understanding is subject to the requirements of the Act,
and Aeon must comply with the requirements of the Act as if it was a government entity. Aeon
also agrees to hold the HRA, HRA Board members and its employees harmless from any claims
resulting from Aeon failure to disclose data maintained by Aeon and authorized for release by
the HRA, and from Aeon's unlawful disclosure or use of data protected under state and federal
laws. Any information, data, reports, records, contracts, work products or other materials given
to or prepared or assembled by Aeon under the Memorandum of Understanding shall be kept
confidential and Aeon shall not make any of this material available to any individual or
organization without prior approval of the HRA. At the termination of Memorandum of
Understanding, all information, data, reports, records, contracts, work products or other materials
relating to the Aeon's assignment and duties under the Memorandum of Understanding shall
remain the property of the HRA.
AEON
/
By:C ■"—
Alan Arthur
Its: President
Dated: 7 1 t`^`" 2.
CITY OF COLUMBIA HEIGHTS
HOUSING AND REDEVELOPMENT AUTHORITY
B �`/ ' ...f
By: r
Walt F 't
Its: Executive Direr or
Dated: f
2
396491v1 RAA CL 160-80