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MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into effective November , 2011 ( "Effective Date "), by and between the University of Notre Dame du Lac (the "University ") on behalf of its Institute for Latino Studies ( "Institute "), the South Bend Heritage Foundation, Inc. ( "SBHF "), the City of South Bend, Indiana, acting by and through its Redevelopment Commission (the "City "), and the Vanir Group of Companies, Inc. ( "Vanir "). The University, SBHF, the City, and Vanir, shall be referred to individually as a "party" and collectively as the "parties." Recitals A. The Hansel Center, located at 1045 West Washington Street, South Bend, Indiana, 46601 ( "Hansel Center "), is a two story brick building with partial basement and carriage house built in 1925. The Hansel Center is owned by SBHF and is listed on the National Register of Historic Places. The Hansel Center is currently in a state of disrepair. B. The Hansel Center has been identified by the University as a possible site to relocate the Institute Annex ( "Institute "), currently housed at 1024 Notre Dame Ave, South Bend, Indiana, as well as for use by other potential University users and tenants such as the Notre Dame Center for Art and Culture, Segura Fine Arts Studio, Consejo Grafico, the Art Department, Center for Social Concerns, Office of Public Relations, and the Legal Aid Clinic ( "Project "). Before University sponsored programs can be permitted at the Hansel Center, substantial renovations must be performed to render the Hansel Center fit for occupancy. C. The Board of Public Works for the City of South Bend has been the Redevelopment Commission's contracting agent for various programs intended to revitalize and enhance neighborhood development within the City of South Bend, Indiana and to provide various secular programs and activities. The City is empowered under the authority of Indiana Code § 36- 10 -2 -4 to aid cultural facilities and programs and the Project as described above is consistent with those cultural programs to which the city may lend aid under state law, and serves a public purpose that will facilitate revitalization of the neighborhood. The City further believes that the actions contemplated by this MOU are in the best interests of the health, safety, and welfare of the City and its residents, and that such actions comply with the public purposes and applicable state and local laws. D. SBHF is an Indiana not - for - profit corporation meeting the requirements of Indiana Code § 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. SBHF has been working with the parties to facilitate the development of the Project within the City which will provide certain artistic, cultural, secular programs and activities, and legal services to poor and under - represented persons, all of which the City believes will be of benefit to the City and its citizens