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SECOND AMENDED AND RESTATED TREE NURSERY AGREEMENT <br />____________________________________________________________________________ <br />THIS SECOND AMENDED AND RESTATED TREE NURSERY AGREEMENT <br />("Agreement") is made effective this 24th. day of October, 2024 (the “Effective Date”) by and <br />between the City of South Bend, Indiana Venues, Parks, and Arts Department (“VPA”), acting <br />through its Board of Park Commissioners (“Parks Board”) and the City of South Bend <br />Department of Community Investment, by and through its Redevelopment Commission <br />(“RDC”) and the City of South Bend, Indiana, acting by and through its Board of Public Works <br />(“BPW”) (each, a <br />“Party,” and collectively, the “Parties”). <br />RECITALS <br />WHEREAS, the Parties originally established and dispersed an urban tree nursery <br />program in April 11, 2017, as amended and restated in October 11, 2022, as positive adaptive <br />repurposing of specifically listed vacant lots owned by BPW and RDC on behalf of the City of <br />South Bend (the “City”); and <br />WHEREAS, the Parties now desire to discontinue use of the prior RDC and BPW lots as <br />tree nurseries and instead begin utilizing a newly identified lot owned by RDC (the “RDC Lot”) <br />as more particularly described in Exhibit A as a single urban tree nursery location; and <br />WHEREAS, upon execution of this Agreement, the Parties desire that BPW shall have <br />no further obligations as it relates to the urban tree nursery program; and <br />WHEREAS, VPA will provide ongoing volunteer services to the RDC Lot to help create <br />and maintain the planned distributed urban tree nursery on the RDC Lot; and <br />WHEREAS, the Parties desire to memorialize these amended and restated terms of their <br />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. RDC Duties. RDC agrees to grant VPA access to the RDC Lot for the <br />planting of a distributed urban tree nursery. <br />Section 2. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care <br />to the distributed urban tree nursery described herein. VPA shall assume all expenses related to <br />such ongoing maintenance, including any fees as set forth in the Municipal Code of the City of <br />South Bend, Indiana Section 17-79 et al. related to water fees. VPA owns all the trees planted in <br />the urban tree nursery and has the right, in its sole discretion, to transplant any mature trees to <br />other City locations. <br />Section 3. Term. Unless this Agreement is earlier terminated, the RDC Lot shall be subject to <br />the terms of this Agreement from the Effective Date until December 31, 2029 (the