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Home My WebLink AboutSecond Amendment to Community Tree Nursery Collaboration Agreement - Bowman Creek Educational EcosystemSECOND AMENDMENT TO THE COMMUNITY TREE NURSERY COLLABORATION AGREEMENT THIS SECOND AMENDMENT TO THE COMMUNITY TREE NURSERY �0 �� b� d �et,recntila� City oln�ao is raaa�le effective tla.rs ? � day cal., COLLABORATION + � � 2, South Bend, Indiana Venue$, Parks, and Arts . epartnnent ("VPA"), acting throtagh its Board of Park. Conn r issioners ("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 1 lth, 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 <Lt Signature Printed ame Of a�eZ Title 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 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS �a Gary A, Giloi'; President C: eneviet , E. Miller, Alec ber ViLt,ibeth A. Mai adik, Member The J. 1)(. r•etu Al, l r L wra L. O'Sullivan, Member A tt e'S 1,°itt�l�t ik,1': Martin, Clerk EXHIBIT A. SCHEDULE OF PARCELS Schedule I (Coverage under this Agreement Terminates on April 11, 2022) Address Parcel No. Legal Desc. 625 East Da on St. 018-7029-1141 LOT 93 HENRY STUDEBAKERS 2ND 1414 Hi h St. 018-7010-0415 LOT 101 WENGER & KRIEGHBAUM 2ND ADD Vacant lot east of 018-7012-0473 LOT 100 WENGER & KRIEGHBAUM 2ND ADD 1414 Hi h St. 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 w 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 1 LOT 16 BIRNER PL ADD BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 8/1/2019 Andrew Netter Department DCI BPW Date 08/13/2019 Phone Extension x5931 Reuuired Prior to Submittal to Board ------- Legal Attorney Name Clara McDaniels Controller El Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing EJ Check the E] Agreement El: Professional Services E] Bid Opening Quote Opening Change Order No. WEase/Encroach. Other: A wte " lropte Item, T e—!�q red for All St�pmissions E] Contract E] Proposal . . ................ —0 _j; � Cdd n-d'u m F-1 Resolution El Bid Award El Req. to Advertise El Title Sheet El Quote Award El C/O & PCA No. El PCA E] Traffic Control ired Information Company or Vendor Name Bowman Creek Educational Ecosystem and VPA New Vendor E] Yes E] No 0 If Yes, Approved by Purchasing MBEMBE Contractor F1 MBE F-1 WBE MBEMBE Contractor Requested [] No F Yes Name of Company Project Name Communitv ram_ Collaboration Agreement ........ .......... . . .... . .................. .. .. .. ..... Project Number . . . . . . . . ........................... _ ------- .......................... Funding Source .. ........................ . ............. . . .... ..... ... ......... ..... ................................. . . . . . . . . Account No. . . ...................... . . ...... I ................. . . --------- Amount Terms of Contract Purpose/Description 2nd Amendment to the Community Tree Nursery Collaboration with BCE2 and VPA. ............... . . . . ... . . . . . . . . ................. . — ------ Ll Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc. Required For Chanae Orders On El increase $ Amount of f.— . Decrease Previous Amount .......................... Current Percent of Change - New Amount Total Percent of Change: Copy Original Andrew Netter F] . .......... . % Dispersal After Approval