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1 <br /> <br />MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND, <br />INDIANA AND SOUTH BEND COMMUNITY TENNIS ASSOCIATION INC. <br />This Memorandum of Understanding (“MOU”) sets forth the general understanding <br />between the South Bend Community Tennis Association, Inc. (“SBCTA”) and the City of South <br />Bend, Indiana, acting through its Board of Public Works and its Board of Park Commissioners <br />(collectively referred to as the “City”) to pursue a shared interest in the improvement of Leeper <br />Park Tennis Center (“Tennis Center”) through the redesign and renovation of the Tennis Center. <br />WHEREAS, Pursuant to I.C. 36-10-4-9, the City’s Board of Park Commissioners has the <br />authority to acquire, lay out, and improve land for park purposes in the district and may equip, <br />operate, maintain, and regulate the public use of that property; <br />WHEREAS, Pursuant to I.C. 36-9-6-2, the City Board of Public Works has supervisory <br />authority over the City streets, alleys, sewers, public grounds, and other City ROW for purposes <br />of contracting and improving City property; <br />WHEREAS, SBCTA, is an Indiana non-profit company, organized with a purpose of <br />creating awareness and opportunities for Michiana residents to get involved with tennis; <br />WHEREAS, SBCTA, in furtherance of celebrating the life of David Filer, desires to <br />partner with the City for the redesign and renovation of Tennis Center; <br />WHEREAS, the City, and SBCTA agree that the planned project described below will <br />enhance the South Bend community, increase opportunities to all residents to learn and enjoy the <br />sport of tennis and promote tourism throughout South Bend. <br />NOW, THEREFORE, the City and SBCTA do hereby mutually agree as follows: <br />1) Project Scope <br />The planned improvements related to the Tennis Center include the resizing of the currently <br />existing fourteen (14) tennis courts into thirteen (13) United States Tennis Association (“USTA”) <br />sized double courts (the “Project”). The thirteen (13) new courts will be reconstructed and <br />resurfaced according to USTA standards. The Project scope includes, but is not limited to the <br />following: