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COMMUNITY TREE NURSERY COLLABORATION <br />AMENDED AND RESTATED AGREEMENT <br />____________________________________________________________________________ <br />THIS COMMUNITY TREE NURSERY COLLABORATION AMENDED AND <br />RESTATED AGREEMENT ("Agreement") is made effective this 11th. day of October (the <br />“Effective Date”) by and between the City of South Bend, Indiana Venues, Parks, and Arts <br />Department (“VPA”), acting through its Board of Park Commissioners (“Parks Board”); South <br />Bend Redevelopment Commission (“Redevelopment Commission”); and the City of South <br />Bend, Indiana, acting by and through its Board of Public Works ("Public Works"). <br />RECITALS <br />WHEREAS, The parties originally established a dispersed urban native tree nursery <br />program in April of 2017 as positive repurposing of specifically listed vacant lots owned by the <br />City. The parties now desire to amend and restate the Agreement to the add additional lots to the <br />program, incorporate additional City partners, and affirm ownership of the trees. For ease of <br />administration, a schedule of the program properties (the “Properties”) is hereby incorporated by <br />reference and attachment to the Agreement (Exhibit A); and <br />WHEREAS, Public Works and Redevelopment Commission, on behalf of the City of <br />South Bend ("City"), each own some of the Properties; and <br />WHEREAS, Public Works and Redevelopment Commission each desire to let VPA <br />utilize their respective Properties as prototypes of positive adaptive repurposing of vacant lots as <br />urban neighborhood innovation as distributed urban native tree nurseries; and <br />WHEREAS, VPA will provide ongoing volunteer services to the Properties to help <br />create and maintain the planned pilot distributed urban native tree nurseries on the Properties; <br />and <br />WHEREAS, the parties desire to memorialize the terms of their agreement herein. <br />NOW THEREFORE, for and in consideration of the mutual covenants and promises <br />contained herein, the parties hereby agree as follows: <br />Section 1. Public Works Duties. Public Works agrees to grant VPA access to its <br />Properties for the planting of distributed urban native tree nurseries. <br />Section 2. Redevelopment Commission Duties. Redevelopment Commission agrees to <br />grant VPA access to its Properties for the planting of distributed urban native tree nurseries. <br />Section 3. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care <br />to the distributed urban native tree nurseries described herein. VPA shall assume all expenses <br />related to such ongoing maintenance, including any fees as set forth in the Municipal Code of the <br />City of South Bend, Indiana Section 17-79 et al. related to water fees. VPA owns all the trees