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Filed in Clerk's Office
<br /> NOV 2 6 2015
<br /> MEMORANDUM OF UNDERSTANDING
<br /> KAREEMAH FOWLER
<br /> CITY CLERK,SOUTH BEND,IN
<br /> This Memorandum of Understanding (the "Agreement"), effective as of
<br /> 2018, is made and entered into by and among the St. Joseph County Public Library, Indiana(the
<br /> "Public Library"), the City of South Bend, Indiana (the "City"), the South Bend Redevelopment
<br /> Commission (the "Commission") and the Community Foundation of St. Joseph County, Inc. (the
<br /> "Foundation"), (the Public Library, the City, the Commission and the Foundation being
<br /> sometimes collectively referred to herein as the "Parties").
<br /> RECITALS
<br /> WHEREAS, the Parties to this Agreement have given consideration to (i) the
<br /> construction and equipping of an approximately 38,000 square foot building for use as a
<br /> community and education center to provide new and expanded flexible spaces for community
<br /> meetings and training, events, and conferences and a larger auditorium to meet increasing
<br /> demand for program space and allow for a more diverse range of programs and community
<br /> events, and any other projects and improvements related thereto (collectively, the "Community
<br /> Education Center Project"); (ii) miscellaneous renovations and improvements to the Main
<br /> Branch of the Public Library located at 304 South Main Street, South Bend, Indiana (the "Main
<br /> Library"), consisting of staff and meeting room reconfiguration in the lower level, replacement
<br /> of windows and upgrades to the HVAC and mechanical systems in the building, and any other
<br /> projects and improvements related thereto (collectively, the "Renovation Project"); (iii) outdoor
<br /> improvements at the Main Library location consisting of the construction and equipping of a
<br /> plaza adjacent to the Main Library and renovations and improvements to the existing surface
<br /> parking area at the Main Library and any other projects and improvements related thereto (the
<br /> "Outdoor Improvements"), and (iv) acquisition of equipment and furnishings for use in
<br /> connection with any of the foregoing projects (the "Equipment Project") (the Community
<br /> Education Center Project, the Renovation Project, the Outdoor Improvements, and the
<br /> Equipment Project are collectively referred to herein as the"2018/2019 Projects"); and
<br /> WHEREAS, the Public Library has given consideration to the issuance of one or more
<br /> series of taxable or tax-exempt bonds (collectively, the "Library Bonds"), in a total, aggregate
<br /> principal amount of $20,000,000 (approximately $5,000,000 for the first series (the "2018
<br /> Bonds") and approximately $15,000,000 for the second series (the "2019 Bonds")), the proceeds
<br /> of which would be utilized to finance a portion of the projects that constitute the 2018/2019
<br /> Projects; and
<br /> WHEREAS, the City, the Commission, the Public Library and the Foundation share a
<br /> joint interest and concern in providing gathering places, facilities and space of the nature set
<br /> forth above for the citizens of St. Joseph County, Indiana(the "County"), the Public Library and
<br /> the City, both currently and for future generations and the Parties believe that the 2018/2019
<br /> Projects are necessary to meet such current needs of the citizens of our community and to
<br /> convert the Main Library into a true community center that will spark public discourse, provide
<br /> lifetime learning opportunities, engender civic pride grow social justice, provide environmental
<br /> sustainability, encourage delight and nurture a sense of place within our community;and
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