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Home My WebLink AboutCommunity Garden Program Agreement - Matthew Insley ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 13, 2021 Mr. Matthew Insley 730 Cottage Grove Ave. South Bend, IN 46616 RE: Community Garden Program Agreement – 630 & 632 N. Harrison Ave. Dear Mr. Insley: At its April 13, 2021 meeting, the Board of Public Works approved your request to use the above referenced City-owned property in conjunction with your gardening project, and subject to the agreement terms for the temporary use of the property. The lots shall be returned to the City of South Bend by the end of 2021. A copy of the agreement is enclosed. If you have any further questions regarding this matter, please do not hesitate to contact me at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS Date: March 22, 2021 TO: Tom Anderson, Code Enforcement Gerald Ellis, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department Matt Longfellow, Engineering FROM: Anne Fuchs, Clerk SUBJECT: LOCATION: COMMUNITY GARDEN PROGRAM ON VACANT CITY-OWNED LOT RECOMMENDATION 630 & 632 N. Harrison Ave. – Matthew Insley PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON YOUR EXPERTISE AND ORDINANCE CRITERIA (Sec 14-116 and Sec 14-117) 1. The Community Garden is a parcel or parcels of land which will be gardened collectively by a group of individuals and/or a non-profit organization(s) for the benefit of the community. Produce, plants and related food items will be grown or developed. 2. The requested City property is not currently in use or expected to be in use for another purpose during the pendency of the Community Garden request. 3. All compost areas shall comply with applicable zoning regulations of Chapter 21 of the South Bend Municipal Code and shall not exceed a total of one hundred (100) cubic feet in volume for City lots less than ten thousand (10,000) square feet and one hundred fifty (150) cubic feet for lots greater than ten thousand (10,000) square feet, and no greater than five (5) feet high. 4. The Community garden does/does not incur any public safety hazards or risks. CODE ENFORCEMENT: Favorable FIRE: Favorable COMMUNITY INVESTMENT: Favorable Recommendation POLICE: Favorable Recommendation PUBLIC WORKS: No objections. However it should be noted that the intersection of Lindsey and Harrison does not have any ADA ramps which meet current City standards or specifications. Updated 6/22/12 1 COMMUNITY GARDEN PROGRAM AGREEMENT The undersigned hereby agrees that in consideration for use of a vacant City-owned lot(s), located at: Tax Key No. Address: Tax Key No. Address: Tax Key No. Address: The undersigned or agents will: 1. Maintain said above described lot(s) for the sole purpose o f gardening at no cost to the City of South Bend; 2. Do any necessary grading or excavation of topsoil or other materials at the sole cost of the undersigned; 3. For no reason whatsoever remove topsoil or other material from said lot(s); or without prior consent from the City, or add any soil or other similar material to said lot(s); 4. Maintain said lot(s) in accordance with all City ordinances regarding refuse, weeds and noxious growths, and pertinent State and County laws; 5. Use any fumigants, insecticides, or other similar substances in accordance with City ordinances, State and Federal law; 6. Purchase any and all seeds, plants or similar items at their own expense; 7. Agree not to erect any fence or other structure on said property for the duration of this Agreement; 8. Maintain said lot(s) in a safe and orderly fashion so as not to impede pedestrian safety, and so as not to obstruct motorist visions; and 9. On , return use of said lot(s) to the Civil City of South Bend in a condition that is cleared of all weed and plant matter. The undersigned further agrees to indemnify and hold harmless the City of South Bend free from all claims, suits, causes of action, or other matters that may arise from maintaining said Community Garden in the City of South Bend during the summer of whether caused by or because of the undersigned, and whether the claim be based on property damage or personal injury, and shall reimburse and pay any and all costs of suit, attorney’s fees, claims and any other costs. The undersigned shall further pay and be responsible for, and hold the Civil City of South Bend harmless for any damage that may accrue to the propert y of the Civil City of South Bend caused by or because of the undersigned. RETURN FORM TO: Board of Public Works 1316 County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 ● Fax: (574) 235 -9171 2 This Agreement is subject to revocation by the City of South Bend if this lot(s) is/are offered for sale prior to . Date: Company Representative Signature: Name: Telephone: Title: Address: City: State: Zip: BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Date From:Jim Wood To:Anne Fuchs Cc:Tom Anderson; Hillary Horvath; Laura Hensley Subject:Re: BPW Recommendation - Community Garde Date:Tuesday, April 6, 2021 11:19:39 AM Attachments:image004.png Anne I discovered since my last response that the corner lot which was on the diagram as 632 Harrison is actually 634 Harrison, which is a private lot. The correct orientation of the city lots is on the attachment. Also included is a picture of 630 Harrison. I ran into the gentleman who applied for the garden andhe is aware of the boundaries. Thanks,Jim Sent from iPad of Jim Wood Chief inspectorSouthBend Code Enforcement From: Anne Fuchs <afuchs@southbendin.gov> Sent: Tuesday, April 6, 2021 10:44:43 AM To: Jim Wood <jwood@southbendin.gov> Cc: Tom Anderson <tlanders@southbendin.gov>; Hillary Horvath <hhorvath@southbendin.gov>; Laura Hensley <lhensley@southbendin.gov> Subject: RE: BPW Recommendation - Community Garde Jim – thank you so much. This is enormously helpful. We will insert your recommendation and add the photos to the file. Thank you! From: Jim Wood <jwood@southbendin.gov> Sent: Tuesday, April 6, 2021 10:43 AM To: Anne Fuchs <afuchs@southbendin.gov> Cc: Tom Anderson <tlanders@southbendin.gov>; Hillary Horvath <hhorvath@southbendin.gov>; Laura Hensley <lhensley@southbendin.gov> Subject: Re: BPW Recommendation - Community Garde Anne, My iPad won’t let me insert the recommendation to the form, but it is favorable. Here are a couple of pictures of the current condition of the property in case they are needed later on. Thanks, Jim Sent from iPad of Jim Wood Chief inspector SouthBend Code Enforcement From: Anne Fuchs <afuchs@southbendin.gov> Sent: Tuesday, April 6, 2021 8:43:09 AM To: Jim Wood <jwood@southbendin.gov> Cc: Tom Anderson <tlanders@southbendin.gov>; Hillary Horvath <hhorvath@southbendin.gov>; Laura Hensley <lhensley@southbendin.gov> Subject: BPW Recommendation - Community Garde Jim, I see that Tom is out for a bit, but he is the last recommender we are waiting on for an item that should go before BPW this coming meeting. Could you please review the attached and insert your recommendation in the “Code Enforcement” section of the word document? If there is someone else who would be more appropriate to handle this, please let me know. Ideally, we would want this by Wednesday at noon, but if you need more time, let me know. Thank you! Anne Anne FuchsAdministrator and Director of Special ProjectsDepartment of Public WorksClerk to Boards of Public Works and Public Safety (574) 235-9253afuchs@southbendin.govCity of South Bend227 W. Jefferson Blvd., Ste. 1316South Bend, IN 46601 Excellence | Accountability | Innovation | Inclusion | Empowerment BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/16/2021 Name Andrew Netter Department DCI BPW Date 03/23/2021 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Sandra Kennedy Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Community Garden Agreement Ease./Encroach Required Information Company or Vendor Name Matthew Insley New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Community Garden Agreement – Matthew Insley Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Request for approval of a temporary use agreement for use of City property (630 & 632 N. Harrison Ave.) as a community garden, expiration at end of 2021 For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: