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HomeMy WebLinkAboutAmendment and Restate Agreement - Add & Utilize Properties Community Tree Nursery Collaboration - TABLEDCOMMUNITY TREE NURSERY COLLABORATION AGREEMENT THIS COMMUNITY TREE NURSERY COLLABORATION AGREEMENT ("Agreement") is made effective this day of 2021 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 Center for Civic Innovation, an unincorporated community group (“CCI”), South Bend Redevelopment Commission (“Redevelopment Commission”) and the City of South Bend, acting by and through its Board of Public Works ("Public Works"). RECITALS WHEREAS, The Parties originally established a dispersed urban native tree nursery program in April of 2017 as positive repurposing of specifically listed vacant lots owned by the City. The Parties now desire to amend and restate the Agreement to the add additional lots to the program, incorporate additional City partners, 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); and WHEREAS, Public Works, on behalf of the City of South Bend ("City"), owns the Properties; and 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, Redevelopment Commission, on behalf of the City of South Bend ("City"), owns the Properties; and WHEREAS, Redevelopment Commission 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, CCI 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 CCI access to the Properties for the planting of distributed urban native tree nurseries. Section 2. Redevelopment Commission Duties. Public Works agrees to grant VPA and CCI access to the Properties for the planting of distributed urban native tree nurseries. Section 3. 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 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. Section 4. CCI Duties. CCI shall provide ongoing volunteer services to VPA to assist with the establishment of the distributed urban native tree nurseries on the Properties. Further, CCI 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 5. 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. 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 19, 2024. The Parties by mutual written agreement may extend the term of coverage for three (3) additional five (5) year periods. d.For properties listed under Schedule IV of Exhibit A, coverage under this Agreement will terminate on November __, 2026. The Parties by mutual written agreement may extend the term of coverage for three (3) additional five (5) year periods. Section 6. 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 7. 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 8. 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 9. 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 10. Indemnification. CCI 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 CCI and performed on the Prope1iies. This provision shall survive the termination of this Agreement. Section 11. 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. ****SIGNATURE PAGE FOLLOWS**** IN WITNESS WHEREOF, the patties hereto, through their duly authorized representatives, have caused this 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 Agreement and do, by their respective signatures hereby agree to its terms. CENTER FOR CIVIC INNOVATION: Signature Name Printed Title Date BOARD OF PARK COMMISIONERS: Mark Neal, President Consuela Hopkins, Vice President Aimee Bucellato, Member Dan Farrell, Member ATTEST: Amy Roush, Clerk Date Approved BOARD OF PUBLIC WORKS: Elizabeth Maradik, President Jordan Gathers, Member Gary Gilot, Member Murray Miller, Member Joseph Molnar, Member ATTEST: Laura Hensley, Clerk REDEVELOPMENT COMMISSION OF SOUTH BEND: Marcia Jones, President Troy Warner, Secretarty Date Approved 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 Schedule III (Coverage under this Agreement Terminates on August __, 2026) Address Parcel No. Legal Desc. 401 Allen St. 018-1033-1441 Lot 51 Birner Place Add 610 Euclid Ave. 018-1037-1621 Lot 12 Orchard Hts 1st 614 Euclid Ave. 018-1037-1620 Lot 11 Orchard Heights 1st 618 Euclid Ave. 018-1037-1619 Lot 10 Orchard Hts 1st Add 622 Euclid Ave. 018-1037-1618 Lot 9 Orchard Hts 1st 1102 Birner St. 018-1033-1440 Lot 50 Birner Place Add. 1231 W. Colfax Ave. 018-1044-1882 Lot 82 Comm Sub Of Bol 79 1235 W. Colfax Ave. 018-1044-1881 Lot 83 Commissioner's Sub Of Bol 79 1237 W. Colfax Ave. 018-1044-1880 Lot 84 Comm Sub Of Bol 79 Date 11/16/21 Name Andrew Netter Department DCI BPW Date 11/23/2021 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: Amend and Restate Agreement Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Native Tree Nursery Agreement Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amend and restate the Native Tree Nursery Agreement between the Board of Public Works, Venues, Parks, and Arts, Redevelopment Commission, and the Center for Civic Innovation. (Matching Agreement) 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: