Memorandum of Understanding - South Bend Civic Theater Inc - Temporary Alley Closure

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MEMORANDUM OF UNDERSTANDING PERIODIC AND TEMPORARY ALLEY CLOSURE APPROVAL FOR THE SOUTH BEND CIVIC THEATRE THIS MEMORANDUM OF UNSERSTANDING (this "MOU") is made and entered into as of the ___L day of July 2019, by and between the South Bend Civic Theatre, Inc., 403 N. Main Street, South Bend, Indiana 46601 ("Civic Theatre") and the City of South Bend, Indiana, by and through its Board of Public Works, 227 W. Jefferson Blvd., South Bend, Indiana 46601("City"), each a Party and collectively the Parties. RECITALS A. Pursuant to IC 36-9-6-1, the City Board of Public Works has authority over the streets, alleys, sewers, public grounds, and other property of the City. B. The City recently upgraded the alley ("Alley") next to the Civic Theatre Plaza Space, as depicted in Exhibit A, which is incorporated herein by reference. The City's upgrade included the installation of temporary bollards ("City Bollards") that can be used to block off the Alley (See, Exhibit A). C. The Civic Theatre desires to use the City Bollards to block off (i.e., temporarily close - off) the Alley for specific Civic Theatre events. D. The City has indicated a willingness to grant the Civic 1 lieatre permission to use the City Bollards and block the Alley for certain Civic `l'licatre events, subject to certain terms and conditions. Now, therefore, in consideration of the foregoing and the terms set forth below, the Parties agree as follows: 1. l�nu�'klaetitio�� of"1ecitals. The foregoing Recitals are incorporated into this MOU. 2. Term. This MOU is effective as of May 31, 2019 and shall continue on an annual basis until canceled by one of the Parties. Obligations of'Civic f'licatre. The Civic Theatre agrees to the following: a. Confer with the City on an annual basis to establish a calendar of mutually agreed upon dates and times for alley closure during the applicable calendar year.