HomeMy WebLinkAboutSecond Amendment to Community Tree Nursery Collaboration Agreement_08_1_2019_CMSECOND AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT
THIS SECOND AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT (this "Amendment") is made effective this day of 20 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"),
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 11th, 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.
b. Properties listed under Schedule II of Exhibit A, coverage under this this
Agreement will terminate on July 24, 2023. The Parties by mutual written
agreement may extend the term of coverage for three (3) additional five (5)
year periods.
c. For properties listed under Schedule III of Exhibit A, coverage under this
Agreement will terminate on August __, 2024. The Parties by mutual written
agreement may extend the term of coverage for three (3) additional five (5)
year periods.
4. New Section 11., “Counterparts” is added to this Agreement and reads as follows: “Section 11. Counterparts of This Second Amendment to the Community Tree
Nursery Collaboration Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same document. Except for the provisions herein contained, said Agreement dated April 11, 2017, including any and all Amendments, shall remain in full force and effect as previously made.
****SIGNATURE PAGE FOLLOWS****
IN WITNESS WHEREOF, the patties hereto, through their duly authorized
representatives, have caused this Second Amendment to the Community Tree Nursery
Collaboration Agreement to be executed as of the day and year first written above. The patties
have read and understand the foregoing terms of this Second Amendment and do, by their
respective signatures hereby agree to its terms.
BOWMAN CREEK EDUCATIONAL
ECOSYSTEM
Signature
Printed Name
Title
CITY OF SOUTH BEND BOARD OF
PUBLIC WORKS
Gary A. Gilot, President
Genevieve E. Miller, Member
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Laura L. O’Sullivan, Member
Attest: ___________________________________ Linda M. Martin, Clerk
CITY OF SOUTH BEND BOARD OF PARK COMMISSIONERS ___________________________________ Mark Neal, President
Consuella Hopkins, Vice President
Aimee Buccellato, Member
Dan Farrell, Member
Attest: _________________________________
Eva Ennis, Clerk
EXHIBIT A.
SCHEDULE OF PARCELS
Schedule I
(Coverage under this Agreement Terminates on April 11, 2022)
Address Parcel No. Legal Desc.
625 East Dayton St. 018-7029-1141 LOT 93 HENRY STUDEBAKERS 2ND 1414 High St. 018-7010-0415 LOT 101 WENGER & KRIEGHBAUM 2ND ADD
Vacant lot east of
1414 High St.
018-7012-0473 LOT 100 WENGER & KRIEGHBAUM 2ND ADD
Schedule II
(Coverage under this Agreement Terminates on July 24, 2023)
Address Parcel No. Legal Desc.
529 N. Allen St. 018-1035-1524 LOT 25 J N LEDERERS ADD 525 N. Allen St. 018-1035-1523 LOT 24 J N LEDERERS ADD
521 N. Allen St. 018-1035-1522 LOT 23 LEDERERS SUB OF OUTLOT A
Schedule III
(Coverage under this Agreement Terminates on August __, 2024)
Address Parcel No. Legal Desc.
435 N. Allen St. 018-1032-1400 LOTS 29 & 30 34.8 FT N END BIRNER PLACE ADD 431 N. Allen St. 018-1032-1401 LOTS 29 & 30 34.8 FT MID PT BIRNER PLACE ADD
429 N. Allen St. 018-1032-1402 LOTS 29 & 30 34.8 FT SLY END BIRNER PLACE ADD
442 S. Brookfield St. 018-4013-0449 LOT 123 SUMMIT PL 2ND ADD
516 N. Allen St. 018-1035-1534 LOT 16 J N LEDERERS ADD
520 N. Allen St. 018-1035-1533 LOT 15 J N LEDERERS ADD 606 N. Blaine Ave. 018-1035-1513 LOT 29 W 1/2 J N LEDERERS ADDITION
608 N. Blaine Ave. 018-1035-1514 LOT 29 E 1/2 J N LEDERER
1110 W. Harvey St. 018-1032-1399 LOT 28 BIRNER PL ADD 1117 W. Harvey St. 018-1032-1387 LOT 15 BIRNER PLACE
1121 W. Harvey St. 018-1032-1386 LOT 16 BIRNER PL ADD