HomeMy WebLinkAboutMOU - Friends of Studebaker Fountain - VPA 09_10_2021 (1)Studebaker Water Filtration Agreement_2021
STUDEBAKER FOUNTAIN WATER FILTRATION SYSTEM
COST-SHARING AGREEMENT
THIS STUDEBAKER FOUNTAIN WATER FILTRATION SYSTEM COST-SHARING
AGREEMENT (the “Agreement”) is made by and between the City of South Bend Venues Parks & Arts
Department, by and through its Board Park Commissioners, and the Friends of the Studebaker Fountain,
Inc., with its principal place of business at 814 Marietta Street, South Bend, Indiana 46601 (each a
“Party” and collectively the “Parties”).
RECITALS
WHEREAS, the Venues Parks & Arts Department (“VPA”) is a department of the City of South
Bend, Indiana (the “City”); and
WHEREAS, VPA oversees and maintains all City Parks and associated Park amenities; and
WHEREAS, the Studebaker Fountain Committee successfully raised funds to renovate and
reconstruct the historic Studebaker Fountain in South Bend Indiana’s Leeper Park; and
WHEREAS, the Studebaker Fountain Committee incorporated as the Friends of the Studebaker
Fountain, Inc., (“Friends”) a 501(c)(3) non-profit organization that raises funds for the long-term
preservation of the Historic Studebaker Fountain; and
WHEREAS, the Parties were previously party to a Memorandum of Understanding, dated
February 20, 2017, pertaining to the care, maintenance and installation of the Studebaker Fountain; and
WHEREAS, the Parties agree the Studebaker Fountain requires a water filtration system; and
WHEREAS, this Agreement is intended to continue the successful relationship between the City
VPA department and the Friends with regard to the care of Studebaker Fountain.
NOW THEREFORE, based on the foregoing, the Parties enter into this Agreement under the
following terms and conditions:
Section 1. Responsibilities of the City
A. VPA agrees to contribute fifty thousand dollars ($50,000) toward the installation of a water
filtration system for the Studebaker Fountain.
B. VPA will define and determine the level and means of maintenance to be performed throughout
the fountain’s life span based on the maintenance documents provided by the Studebaker
Fountain committee.
Section 2. Responsibilities of the Friends of Studebaker Fountain
A. The Friends may provide occasional assistance with issues of the Studebaker Fountain’s
long-term non-standard maintenance, if the Friends determine, in their sole discretion, that
such assistance is appropriate.
B. The Friends agrees to transfer $60,000 to the VPA Foundation upon adoption of this
agreement to cover the design, materials, utility connections and installation of a water
filtration system for the Studebaker Fountain.
C. The City understands and acknowledges that $25,000 of the funds being donated toward the
water filtration system by the Friends were previously agreed upon by both parties to be used
for continuing maintenance funds for the Studebaker.
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Printed Name and Title
Signature
FRIENDS OF THE STUDEBAKER
FOUNTAIN, INC.
ATTEST:
Eva Ennis, Clerk
Dan Farrell, Member
Aimee Buccellato, Member
Consuela Hopkins, Vice President
Mark Neal, President
CITY OF SOUTH BEND, INDIANA
BOARD OF PARK COMMISSIONERS
Studebaker Water Filtration Agreement_2021
Section 3. Ongoing Fountain Maintenance and Repair
The City, as the owner of Studebaker Fountain, shall be responsible for the operation,
maintenance, and repair of the fountain. The methods can include, but are not limited to, preventative
maintenance, winterization, cleaning, or repairs on existing systems.
At their sole discretion, the Friends may consider contribution for capital improvements or other
expenses related to the Studebaker Fountain, the terms and conditions of which shall be memorialized in a
written mutual agreement between the Parties.
Section 4. Illegality, Governing Law and Counterparts
If any provision of this Agreement is found by any court of competent jurisdiction to be illegal,
invalid, or unenforceable, the remainder of this Agreement will not be affected thereby. In lieu of any
provision that is found to be illegal, invalid or unenforceable, there will be added as part of this
Agreement a provision as similar to such illegal, invalid or unenforceable provision as may be possible
and be legal, valid and enforceable.
This Agreement shall be governed by the laws of the State of Indiana and venue shall be in Saint.
Joseph County, Indiana.
This Agreement may be executed in separate counterparts, each of which when so executed shall
be an original, and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed effective as of the date first
appearing above.
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