Second Amendment to Community Tree Nursery Collaboration Agreement - Bowman Creek Educational Ecosystem

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SECOND AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT THIS SECOND AMENDMENT TO THE COMMUNITY TREE NURSERY �0 �� b� d �et,recntila� City oln�ao is raaa�le effective tla.rs ? � day cal., COLLABORATION + � � 2, South Bend, Indiana Venue$, Parks, and Arts . epartnnent ("VPA"), acting throtagh its Board of Park. Conn r issioners ("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"), sometimes referred to herein individually as a ("Party") and collectively, the ("Parties"). RECITALS WHEREAS, the Parties executed a certain Community Tree Nursery Collaboration Agreement dated April 1 lth, 2017; and WHEREAS, the Parties executed the First Amendment to the Community Tree Nursery Collaboration Agreement ("First Amendment") dated July 24, 2018; and NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows: TERMS 1. WHEREAS. The Parties under the Agreement established a distributed urban native tree nurseries pilot program as positive repurposing of specifically listed vacant lots owned by the City. Additional parcels were added to the pilot program under the First Amendment. The Parties now desire to add additional parcels to the program and affirm ownership of the trees. For ease of administration, a schedule of the program properties is hereby incorporated by reference and attachment to the Agreement (Exhibit A). 2. Amendment of VPA Duties. The Parties hereby amend and restate Section 2 of the Agreement in its entirety to read as follows: "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 Section 17-79 et al. City's Ordinance related to water fees. VPA owns all the trees planted in the native tree nurseries; and has the right to transplant any mature trees to other City locations, in its sole discretion." 3. Amendment of Term. The Parties hereby amend and restate Section 4 of the Agreement in its entirety to read as follows: a. Properties listed under Schedule I of Exhibit A, coverage under this Agreement will terminate on April 11, 2022. The Parties by mutual written agreement may extend the term of coverage for three (3) additional five (5)- year periods.