MOU - Bowman Creek Educational Ecosystem - Community Tree Nursery Collaboration Agreement

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COMMUNITY TREE NURSERY COLLABORATION AGREEMENT THIS COMMUNITY TREE NURSERY COLLABORATION AGREEMENT ("Agreement") is made effective this vy,\ day of April 2017 by and between the City of South Bend, Indiana Venues, Parks, and Arts Department ("VPA"), acting through its Board of Park Commissioners ("Parks Board"), the Bowman Creek Educational Ecosystem, an unincorporated community group ("Bowman Creek") and the City of South Bend, acting by and through its Board of Public Works ("Public Works"). RECITALS WHEREAS, VPA wishes to establish a distributed urban native tree nurseries pilot program as positive repurposing of vacant lots owned by the City. The initial pilot properties are located at 625 East Dayton St. (Parcel No. 71-08-13-405-019.000-026), 1414 High St. (Parcel No. 71-08-13-277-001.000-026) and a vacant lot east of 1414 High St. (Parcel No. 71-08-13-277- 010.000-026 731) South Bend, Indiana (collectively the "Properties"); and WHEREAS, Public Works, on behalf of the City of South Bend ("City"), owns the Properties; WHEREAS, Public Works desires to let VPA utilize the Properties as prototypes of positive adaptive repurposing of vacant lots as urban neighborhood innovation as distributed urban native tree nurseries; and WHEREAS, Bowman Creek desires to provide ongoing volunteer services to the Properties to help create and maintain the planned pilot distributed urban native tree nurseries on the Properties. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties hereby agree as follows: Section 1. Public Works Duties. Public Works agrees to grant VPA and Bowman Creek access to the Properties for the planting of pilot distributed urban native tree nurseries. Section 2. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care to the distributed urban native tree nurseries described herein. VPA shall assume all expenses related to such ongoing maintenance including any fees as set forth in the Section 17-79 et al. City's Ordinance related to water fees. Section 3. Bowman Creek Duties. Bowman Creek shall provide ongoing volunteer services to VPA to assist with the establishment of the distributed urban native tree nurseries on the Properties. Further, Bowman Creek shall use its best efforts to provide VPA with financial support to offset the ongoing maintenance fees associated with the distributed urban native tree nurseries.