HomeMy WebLinkAbout5A1 Community Tree Nursery Collaboration Amended and Restated Agreement
Redevelopment Commission Agenda Item
DATE: January 27, 2022
FROM: Andrew Netter, Senior Planner
SUBJECT: Temporary Use of Redevelopment Commission for Native Urban Tree
Nurseries
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Attached is the temporary use agreement for Redevelopment Commission property for
the installation of native tree urban nurseries. 610 and 622 Euclid Ave. will be used in
conjunction with Civil City property for establishment of a nursery.
The temporary use agreement outlines the terms of use of the property. The first term is
five years with options for renewal up to three times (each for five-year increments).
Staff requests approval of the temporary use agreement for the Redevelopment
Commission property.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: ____-0-___________; Breakdown:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? __N/A__ Existing PO#__________ Inc/Dec $_____________
COMMUNITY TREE NURSERY COLLABORATION
AMENDED AND RESTATED AGREEMENT
THIS COMMUNITY TREE NURSERY COLLABORATION
AMENDED AND RESTATED AGREEMENT ("Agreement") is made effective this
day of 2021 (the “Effective Date”) 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, associated with the University
of Notre Dame du Lac (“CCI”); South Bend Redevelopment Commission (“Redevelopment
Commission”); and the City of South Bend, Indiana, 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 (the “Properties”) is hereby incorporated by
reference and attachment to the Agreement (Exhibit A); and
WHEREAS, Public Works and Redevelopment Commission, on behalf of the City of
South Bend ("City"), each own some of the Properties; and
WHEREAS, Public Works and Redevelopment Commission each desire to let VPA utilize
their respective 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; and
WHEREAS, the parties desire to memorialize the terms of their agreement herein.
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 agree to grant VPA and CCI access to its
Properties for the planting of distributed urban native tree nurseries.
Section 2. Redevelopment Commission Duties. Redevelopment Commission agrees to
grant VPA and CCI access to its 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 the Municipal Code of the City of
South Bend, Indiana Section 17-79 et al. 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.
Section 5. Term. The Properties shall be subject to the terms of this Agreement until the
expiry dates set forth in their respective schedules as set forth on Exhibit A. The parties may agree
to extend the applicability of this Agreement to the Properties contained in any schedule by a signed
written amendment to this Agreement for up to three (3) additional five (5)-year periods from the
date of termination for that schedule. This Agreement shall terminate on a date that is five (5) years
from the Effective Date or upon the expiration date of the last renewal, whichever is later.
a. Access to Properties listed under Schedule I of Exhibit A will terminate on April
11, 2027.
b. Access to Properties listed under Schedule II of Exhibit A will terminate on July
24, 2023.
c. Access to Properties listed under Schedule III of Exhibit A will terminate on
August 19, 2024.
d. Access to Properties listed under Schedule IV of Exhibit A will terminate on
December 14, 2026.
Section 6. Assignment; Subcontractors. 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 agrees to defend, indemnify and hold the City, including
VPA, Public Works, and Redevelopment Commission, and their respective officers, agents,
directors, and employees harmless from any and all claims arising from or related to the volunteer
work performed or managed by CCI and performed on the Properties. In addition, CCI will
maintain commercial general liability insurance coverage in the minimum amount of at least
$1,000,000 per occurrence and will designate the City, including VPA, Public Works, and
Redevelopment Commission, as additional insureds under any such policy of insurance. This
provision shall survive the termination of this Agreement.
Section 11. Waiver. One or more waivers of any condition herein shall not be construed
as a waiver of a subsequent breach of the same condition.
Section 12. Authority. Each undersigned person signing on behalf of his/her respective
party certifies that he/she is duly authorized to bind his/her respective party to the terms of this
Agreement.
Section 13. 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 parties hereto, through their duly authorized
representatives, have caused this Community Tree Nursery Collaboration Amended and
Restated Agreement to be executed as of the day and year first written above. The parties
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
Date Approved
REDEVELOPMENT COMMISSION OF
SOUTH BEND:
Marcia Jones, President
Troy Warner, Secretary
Date Approved
EXHIBIT A.
SCHEDULE OF PARCELS
Schedule I
(Coverage under this Agreement Terminates on April 11, 2027)
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 19, 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 December 14, 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