HomeMy WebLinkAboutMOU - Bowman Creek Educational Ecosystem - Community Tree Nursery Collaboration AgreementCOMMUNITY TREE NURSERY COLLABORATION AGREEMENT
THIS COMMUNITY TREE NURSERY COLLABORATION
AGREEMENT ("Agreement") is made effective this vy,\ day of April 2017 by and
between the City of South Bend, Indiana Venues, Parks, and Arts Department ("VPA"), acting
through its Board of Park Commissioners ("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").
RECITALS
WHEREAS, VPA wishes to establish a distributed urban native tree nurseries pilot
program as positive repurposing of vacant lots owned by the City. The initial pilot properties are
located at 625 East Dayton St. (Parcel No. 71-08-13-405-019.000-026), 1414 High St. (Parcel No.
71-08-13-277-001.000-026) and a vacant lot east of 1414 High St. (Parcel No. 71-08-13-277-
010.000-026 731) South Bend, Indiana (collectively the "Properties"); and
WHEREAS, Public Works, on behalf of the City of South Bend ("City"), owns the
Properties;
WHEREAS, Public Works desires to let VPA utilize the Properties as prototypes of
positive adaptive repurposing of vacant lots as urban neighborhood innovation as distributed urban
native tree nurseries; and
WHEREAS, Bowman Creek desires to provide ongoing volunteer services to the
Properties to help create and maintain the planned pilot distributed urban native tree nurseries on
the Properties.
NOW THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the parties hereby agree as follows:
Section 1. Public Works Duties. Public Works agrees to grant VPA and Bowman
Creek access to the Properties for the planting of pilot distributed urban native tree nurseries.
Section 2. VPA Duties. 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 the Section 17-79 et al.
City's Ordinance related to water fees.
Section 3. Bowman Creek Duties. Bowman Creek shall provide ongoing volunteer
services to VPA to assist with the establishment of the distributed urban native tree nurseries on
the Properties. Further, Bowman Creek shall use its best efforts to provide VPA with financial
support to offset the ongoing maintenance fees associated with the distributed urban native tree
nurseries.
Section 4. Term. This Agreement shall terminate upon its own terms no later than
five (5) years after execution and may be renewed upon written agreement by all parties hereto.
Section 5. Assignment; Successors. The parties shall not assign or subcontract the
whole or any part of this Agreement without the prior written consent of the other parties.
Section G. Changes in Scope of Services. The parties understand and agree that the
scope of services delineated in this Agreement are limited to the Properties and the establishment
of a tree nursery. Any changes thereto must be authorized in writing by all parties hereto.
Section 7. Governing Law; Compliance with Laws. This Agreement shall be
construed and interpreted according to the laws of the State of Indiana. The parties hereto agree to
comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all
provisions required thereby are hereby incorporated herein by reference.
Section 8. Relationship/Independent Contractor. All parties, in the performance of
this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint
venturers or associates of one another. The employee(s) or agent(s) of one party shall not be
deemed or construed to be the employee(s) or agent(s) of any other party for any purpose
whatsoever.
Section 9. Indemnification. Bowman Creek agree to defend, indemnify and hold
VPA and its respective officers, agents, directors and employees harmless from any and all claims
stemming from or related to the volunteer work performed or managed by Bowman Creek and
performed on the Properties. This provision shall survive the termination of this Agreement.
Section 10. Entire Agreement. This Agreement sets forth the entire agreement and
understanding between the parties as to the subject matter hereof, and merges and supersedes all
prior discussions, agreements, and understanding of any and every nature between them.
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