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1 <br /> <br />MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE CITY OF SOUTH BEND, INDIANA, <br />SOUTH BEND YOUTH HOCKEY, INC., and AMERICAN ARENA, LLC <br /> <br /> This Memorandum of Understanding (this “Agreement”) is made and executed between <br />the City of South Bend, Indiana, acting by and through its Board of Public Works (together, the <br />“City”), South Bend Youth Hockey Inc., an Indiana non-profit corporation (“SBYH”), and <br />American Arena, LLC, (“American Arena”), (collectively referred to as the “Parties.”) <br /> <br /> WHEREAS, pursuant to I.C. 36-9-6, the City Board of Public Works has broad power to <br />operate as the contracting authority on behalf of the City; and <br /> <br /> WHEREAS, pursuant to a Development Agreement (“Development Agreement”) dated <br />July 27, 2023 between the City, acting through the South Bend Redevelopment Commission <br />(“Commission”) and SBYH, the City is committing Two Million Dollars ($2,000,000) towards <br />the planned expansion of facilities owned by SBYH in a manner as outlined in the Development <br />Agreement; and <br /> <br /> WHEREAS, American Arena is an industry leading company specializing in design, <br />engineering, construction, mechanical systems, and accessories related to ice/hockey rink <br />installations; and <br /> <br /> WHEREAS, American Arena participated in a publicly let cooperative purchasing <br />contract through Sourcewell; and <br /> <br />WHEREAS, American Arena executed Sourcewell Contract No. 120320-AMR <br />(“Sourcewell Contract”) on or about April 5, 2021 which provided guaranteed pricing to <br />government entities for specialized refrigeration equipment and related accessories necessary for <br />the planned SBYH expansion; and <br /> <br />WHEREAS, SBYH, prior to the formation and subsequent execution of the Development <br />Agreement, executed a certain contract with American Arena dated October 17, 2022, pursuant to <br />the publicly let Sourcewell Contract in the amount of Two Million Six Hundred Fifty-Five <br />Thousand Five Hundred Forty-One Dollars ($2,655,541) (“American Contract”). <br /> <br /> WHEREAS, the parties hereto agree to the limited assignment of certain contractual <br />obligations set forth in the American Contract as delineated in this Agreement. <br /> <br />NOW, THEREFORE, the City, SBYH and American Arena do hereby mutually agree as <br />follows: <br />