Land Authorization - Tree Nurseries - VPA

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TREE NURSERY AGREEMENT ____________________________________________________________________________ THIS TREE NURSERY AGREEMENT ("Agreement") is made effective this _14th_ day of _January, 2025___ (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 (“Parks Board”) and the City of South Bend, Indiana (“the City”), acting by and through its Board of Public Works (“BPW”) (each, a “Party,” and collectively, the “Parties”). RECITALS WHEREAS, VPA desires to expand on its urban tree nursery network through the utilization of certain land owned by BPW (‘BPW Lot”) (“BPW Lot”) as more particularly described in Exhibit A attached and incorporated herein; and WHEREAS, the BPW shares a mutual interest with VPA to mutually work toward achieving the City’s tree canopy goal of forty percent (40%) coverage by the year 2050; and WHEREAS, VPA will provide ongoing volunteer services to the BPW Lot to help create and maintain the planned distributed urban tree nursery; and WHEREAS, the Parties desire to memorialize these amended and restated terms of their agreement herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows: Section 1. BPW Duties. BPW agrees to grant VPA access to the BPW Lot for the planting of a distributed urban tree nursery. Section 2. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care to the distributed urban tree nursery described herein. VPA shall assume all expenses related to such ongoing maintenance, including any fees as set forth in the Municipal Code of the City of South Bend, Indiana Section 17-79 et al. related to water fees. VPA owns all the trees planted in the urban tree nursery and has the right, in its sole discretion, to transplant any mature trees to other City locations. Section 3. Term. Unless this Agreement is earlier terminated, the BPW Lot shall be subject to the terms of this Agreement from the Effective Date until December 31, 2029 (the “Term”). At the conclusion of the Term, this Agreement shall automatically renew for one (1) year periods unless BPW or VPA deliver written notice of its intention not to renew to the other Party. Notwithstanding the foregoing, either VPA or BPW may terminate this Agreement in whole or in part, for any reason, at any time, if it determines that such termination is in its best interests, and provides the other Party at least sixty (60) days’ advance written notice. Section 4. Assignment; Subcontractors. VPA and BPW shall not assign or subcontract the whole or any part of this Agreement without the prior consent of the other Party. Section 5. Changes in Scope of Use. VPA and BPW understand and agree that the intended use of the BPW Lot described in Exhibit A in this Agreement is limited to the establishment and maintenance of an urban tree nursery. Any changes thereto must be authorized in writing by both VPA and BPW.