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Home My WebLink About5A6 Updated Tree Nursery AgreementRedevelopment Commission Agenda Item DATE: FROM: SUBJECT: 10/7/2022 Joseph Molnar Update Tree Nursery Agreement Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: Update of the Tree Nursery Agreement with BPW and Park Board Specifics: The parties originally established a dispersed urban native tree nursery program in April of 2017 as a way to temporarily re-purpose City owned vacant lots. This updated agreement adds additional lots, incorporates additional City partners, and affirms ownership of the trees. Included in the updated agreement is a schedule of the program properties. Staff recommends approval of the updated agreement. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: 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? ____ Existing PO#__________ Inc/Dec $_____________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT ____________________________________________________________________________ THIS COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT ("Agreement") is made effective this 13 day of October, 2022 (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”); 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, VPA will 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 agrees to grant VPA access to its Properties for the planting of distributed urban native tree nurseries. Section 2. Redevelopment Commission Duties. Redevelopment Commission agrees to grant VPA 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 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 December 31, 2027. b. Access to Properties listed under Schedule II of Exhibit A will terminate on December 31, 2028. c. Access to Properties listed under Schedule III of Exhibit A will terminate on December 31, 2024. d. Access to Properties listed under Schedule IV of Exhibit A will terminate on December 31, 2027. 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. 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 11. 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 12. 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. BOARD OF PARK CITY OF SOUTH BEND, INDIANA COMMISSIONERS: BOARD OF PUBLIC WORKS: ______________________________ ______________________________ Mark Neal, President Elizabeth A Maradik, President ______________________________ ______________________________ Consuela Hopkins, Vice President Gary A. Gilot, Member ______________________________ ______________________________ _______________ , Member Jordan V. Gathers, Member ______________________________ ______________________________ _______________ Member Joseph R. Molnar, Member ATTEST: ______________________________ Murray L. Miller, Member ______________________________ Jessica Williams, Clerk ATTEST: ______________________________ ______________________________ Date Approved Clerk Date: _________________________ __________________________________________ 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 December 31, 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 December 31, 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 December 31, 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 IV (Coverage under this Agreement Terminates on December 31, 2027) Address Parcel No. Legal Desc. 404 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 Section IV Continued Address Parcel No. Legal Desc. 318 Walnut St. 018-1050-2173 Lot 75 Swygarts 1st Add 322 Walnut St. 018-1050-2172 Lot 74 Swygarts 1st 326 Walnut St. 018-1050-2171 Lot 73 Swygarts 1st 418 Walnut St. 018-1050-2164 Lot 66 Swygarts 1st Add 420 Walnut St. 018-1050-2163 Lot 65 Swygarts 1st 502 Walnut St. 018-1051-2223 Lot 96 Swygarts 2nd Add 506 Walnut St. 018-1051-2222 Lot 97 Swygarts 2nd 510 Walnut St. 018-1051-2221 Lot 98 Swygarts 2nd