First Amendment to Community Tree Nursery Collaboration Agreement - Bowman Creek Education Ecosystem

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FIRST AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT THIS FIRST AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT (this "Amendment") is made effective `T �4 , 2018 (the "Effective Date") by and between the City of South Bend, Indiana Venues, Parks and Arts Department ("VPA", acting through its Board of Park Commissioners ("Park 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 ("South Bend"). RECITALS WHEREAS, the City executed a certain Community Tree Nursery Collaboration Agreement dated April 111h, 2017; and WHEREAS, this Amendment is entered into to modify certain terms and conditions expressed in the Agreement dated April 11 th, 2017. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City hereby agree as follows: TERMS WHEREAS. VPA wishes to establish a distributed urban native tree nurseries pilot program as positive repurposing of vacant lots owned by the City. The continuation of this pilot program shall include the following parcels: Parcel No. 71-08-02-378-020.000-026, Parcel No. 71-08-02-378-021.000-026, and Parcel No. 71-08-02-378-022.000-026, South Bend, Indiana (collectively the "Properties"); Except for the provisions herein contained, said Agreement dated April I Ith, 2017 including any and all Amendments, will remain in full force and effect as previously made. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Amendment to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Amendment and do, by their respective signatures hereby agree to its terms.