4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project

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(c) Consultation With City and Foundation. As part of the Construction, the Public Library agrees to review and seek the input of the City and the Foundation for (i) the preliminary and final construction plans and specifications (the "Plans and Specifications") for the 2018/2019 Projects and (ii) all material decisions with regard to any changes to such Plans and Specifications, subject to final approval by the Public Library Board. The Parties agree that it would be inefficient and overly burdensome to review all decisions with regard to the construction of the 2018/2019 Projects with the City and the Foundation, and therefore, agree that "material decisions" requiring the review and input of the City and the Foundation will include any decision that would involve modifying the Plans and Specifications by an amount of $1,000,000 or more. The Parties further agree that the review of the Plans and Specifications by the City and the Foundation will not create an obligation or duty on the City or Foundation to remedy or ensure compliance with (i) laws governing encroachments from the 2018/2019 Projects in the public right-of-way; (ii) any zoning laws applicable to the 2018/2019 Projects; or (iii) any other law applicable to the 2018/2019 Projects in connection with the construction and equipping of the 2018/2019 Projects. (d) Main Library Furnishings. The Public Library agrees to use funds on hand with the Public Library to pay for the cost of furnishings for the Main Library as part of the 2018/2019 Projects in an amount up to $2 million. (e) Purchase of Option Property. The Public Library will exercise its option under an agreement with the Commission, dated November 14, 2013, as extended (the "Option"), to purchase the property (the "Additional Property") east of and adjacent to the Main Library and which is part of the site of the 2018/2019 Projects. The Public Library and the Commission hereby (i) acknowledge and agree that the 2018/2019 Projects constitute a"Project"as defined in the Option that satisfies the contingencies for exercise of the Option by the Public Library, and (ii) agree to extend the Option in effect to December 31,2019, pursuant to the terms of the Option. (f) Future Development of Main Library Site. As stated above, the 2018/2019 Projects include improvements to the existing surface parking on the Block to be utilized by patrons of the Main Library. The Public Library recognizes the substantial investment to be made by the City to the 2018/2019 Projects, as well as the City's responsibility to maximize the potential use of land in the core of the City to advance a vibrant and dynamic downtown for the benefit and enjoyment of the City's residents and to generate property tax revenue to support the operations of the City and other taxing units. To facilitate these goals, the Public Library will consent to additional development on the site of the existing surface parking on the Block, so long as (i) the Public Library's parking capacity within the Block would not be reduced, (ii) any proposed future development would be complimentary to the Public Library and support the redevelopment of the Block consistent with the existing zoning of the Block and immediately surrounding properties, as shall be determined by the mutual agreement of the Public Library and the City, and (iii) any such future development does not hinder or conflict with the mission of the Public Library and the programs undertaken by the Public Library in furtherance of that mission. The City will work together with the Public - 3 -