03-08-10 Council Agenda & Packet

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WHEREAS, the City of South Bend, Indiana, is currently being considered as a potential site for a Ray and Joan Kroc Corps Community Center ( "RJKCCC ") to be located near the intersection of Chapin Street and Western Avenue on real property that is owned or will be awned by the City of South Bend; and WHEREAS, the City of South Bend may dispose of real property through its Board of Public Works ( "Works Board ") pursuant to I.C. 36 -1 -11 and through its Board. of Park Commissioners ("Park Comtrnission ") pursuant to I.C. 36 -14 -3 and may dispose of real property without restriction to an Indiana not -for- profit corporation pursuant to I.C. 36- 1- 11- 1(a)(7) (the Works Board and Park Commission are collectively referenced hereinafter as the "City "); and WHEREAS, South Bend Heritage Foundation, Inc. ( "SBHF" ), is an Indiana not - for - profit corporation meeting the requirements of I.C. 36- 1- 11- 1(a)(7), and was created for the purpose of planning, directing and coordinating economic and community revitalization within the City of South Bend; and WHEREAS, SBHF is willing to assist the City and The Salvation Army in the development of the RJKCCC ( "Project ") and the City and The Salvation Army desire to avail themselves of SBHF's expertise and services; and WHEREAS, the City, The Salvation Army and SBHF hereby agree that the Project as proposed in this Memorandum of Understanding is in the parties' mutual best interests and that the best interests of the citizens of South Bend will be served by the City, The Salvation Army and SBHF working together to accomplish the Project. NOW, THEREFORE, the Parties hereby represent and agree as follows: d. PURPOSE. The purpose of this Memorandum of Understanding ( "MOU ") is to set forth the discussions that the City, The Salvation Army and SBHF have had with one another to date with respect to the Project. The executed MOLT shall be a non - binding document that expresses the intent of each of the Parties at the time this MOU is executed. The City, The Salvation Array and SBHF each hereby acknowledge that this MOU does not give rise to any binding contractual obligations arnong or between the Parties. The Parties also acknowledge the need to more fully express the terms related to items set forth herein and the need to reach final agreement in the future on the specific terms of any future development. The definitive terms of agreement for any future development related to the Project shall be further set forth in separate agreements between the City and SBHF and between Salvation Army and SBHF (collectively referenced as the "Agreements "). 2 M=final (3)