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Home My WebLink About6B16 8 0) o�s�U'� Ix BR�o Department of r.� Community Investment Memorandum April 25, 2013 TO: Redevelopment Commission FROM: David Relos, Economic Resources Associate SUBJECT: Unity Gardens @ La Salle Square Amendment to Temporary Use and License Agreement and $1,400 Not -To- Exceed to Complete Electrical Service On February 28, 2013, the Commission was presented with an update on the Unity Gardens at La Salle Square (see attached summary), and was requested to consider amending the Agreement with Unity Gardens to include the following: Extend the agreement from 5 years to 15 (keeping in place its termination rights) Allow electricity to be brought in to the site Increase relocation costs, based upon two quotes, from $10,000 to $20,000 Approval was granted by the Commission to have staff, in conjunction with the Legal Department, to move forward with amending the current Agreement to accommodate this request. Also requested was consideration to fund a possible shortfall to bring electricity to the site. Unity Gardens has secured the donation of a $15,000 solar system from Innovateous Solar, $20,000 from the Pokagon Band, $20,000 in supplies and labor from Herrman and Goetz, as well as many other donations. Outstanding items are costs associated with the installation of the solar structure and bringing electricity to the growing hoop itself. Unity Gardens requests a not -to- exceed amount of $1,400 to fund these remaining items, so electricity to the site will be fully functional. Attached is the amended Agreement incorporating the three changes mentioned above. Staff requests approval of this Amendment to Temporary Use and License Agreement, and a not -to- exceed amount of $1,400 to fund the electrical functionality of the site. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV Page 2 The Unity Gardens Greenhouse Project, part of a larger Educational Enhancement Program, includes infrastructures and supplies for 4 season growing, additional learning stations at the LaSalle Square Unity Garden, and signs for Unity Gardens throughout St Joseph County. In order to effectively connect the community to healthy food, it is necessary to increase the awareness, availability, and accessibility of fresh produce. Unity Gardens can accomplish this by: • Lengthening the growing season • Increasing the educational opportunities at the LaSalle Square Unity Garden • Growing community awareness & involvement The Unity Gardens Greenhouse project will most simply help increase the ability to offer healthy produce to our entire community through lengthening the growing season. Even more importantly, the greenhouse will be the connection between the classroom and the gardens; propelling our educational series into action oriented learning and year round growing. Most importantly, with the greenhouse at our LaSalle Square Unity Garden, we will be able to harness the aggregates that currently lack access to our classroom educational series, keeping the neighbors and summer volunteers engaged year round! The Unity Gardens Greenhouse Project primarily provides support to build a greenhouse, growing structures, and supplies at the LaSalle Square Unity Garden. The ability to grow before and after the frost date will help Unity Gardens reach a broader audience, attracting new people and maintaining continuity with the existing team of outdoor gardeners, thus assuring consistency in our programming. Over 130 regular volunteers and gardeners participate in the Unity Gardens with thousands more involved with harvesting or attending classes. Four - season growing will keep neighbors, summer volunteers, Master Gardeners, and others involved in Unity Gardens. School groups will have the opportunity to visit the main garden throughout the year, building on their curriculum from the many Unity Gardens hosted on site at schools. Interns and volunteers, service groups and neighbors will be able to work side by side in efforts to help "feed" our community, and thus connect with their ability to be part of a positive force in our community. Within the greenhouse, Unity Gardens will also test a variety of sustainable heating modalities (including solar energy) and growing techniques, creating another track for education and research. Throughout winter months we will grow and sell produce (especially herbs and salad greens), creating a process for organizational sustainability: revenue to support the Unity Gardens programs. This in turn, will eventually help launch our ability to create jobs and job readiness 227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV Page 3 programs for vulnerable and disadvantaged populations in our community; people we already have developed relationships with! The Greenhouse will house the vegetable starts for the over 45 Unity Gardens in the area/ Garden leaders, neighbors, volunteers and more will work side by side, learning and growing food for the entire community! Consistent with the overall Unity Gardens mission, four - season growing will lead to increased production, and therefore consumption of locally grown produce, thereby helping reduce chronic illnesses and childhood obesity rates. It is ironic but true that those in our community most vulnerable are disproportionately affected by poor diet and chronic illness. It is also true that we, as a community, can only be as healthy and productive as our most vulnerable members. Healthy people are productive people! With childhood obesity rates exceeding 25%, and chronic illnesses taking a terminal toll on our health care system, something must change. When it comes to making sure everyone in our community has access to healthy food, it is obvious we can't afford not to grow with Unity! 227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 1 P: 574 - 235 -9371 1 FAX: 574- 235 -9021 1 SOUTHBENDIN.GOV AMENDMENT TO TEMPORARY USE AND LICENSE AGREEMENT (Unity Gardens - 2013) This Amendment to Temporary Use and License Agreement (this "Amendment'), dated as of the _LZday of March, 2013, is made and entered into by and between the CITY OF SOUTH BEND, DEPARTMENT OF COMMUNITY INVESTMENT, as successor in interest to the City of South Bend, Department of Community and Economic Development, acting by and through its South Bend Redevelopment Commission, a political subdivision of the State of Indiana (the "City") and SARA STEWART ("Unity Gardens "). Recitals: WHEREAS, the City of South Bend, Department of Community and Economic Development and Unity Gardens entered into that certain Temporary Use and License Agreement (the "Agreement') dated the 13`h day of December, 2011, pursuant to the terms and conditions recited therein; and WHEREAS, the City of South Bend, Department of Community Investment is the successor in interest to the City of South Bend, Department of Community and Economic Development; and WHEREAS, the City and Unity Gardens desire to amend the terns of the Agreement by this Amendment; NOW, THEREFORE, in consideration of the mutual promises contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Unity Gardens agree as follows: Paragraph 1. (E) is amended to read as follows: E. The tern of this Agreement shall commence upon the execution of Us Agreement and continue through October 31, 2013. This Agreement shall be renewable for successive twelve month periods (November I through October 31) through October 31, 2027, subject to the City's right to terminate this Agreement, as provided herein. 2. Paragraph 14. Is amended to read as follows: 14. Removal of Garden: Survival. The Garden is and shall remain the personal property of Unity Gardens. Upon the termination of this Agreement, Unity Gardens shall remove the Garden from the Premises within thirty (30) days after the effective date thereof. In the event that the City elects to terminate this Agreement or any extension thereof, pursuant to the City's rights to terminate in accordance with paragraph 13, hereinabove, the City will contribute up to $20,000.00 in costs to re- locate any temporary structures located on the Premises. The City's contribution shall be established by the lesser of two quotes for the relocation of any temporary structures located on the premises at the time the City serves notice of its intent to terminate this Agreement. In performing such removal, unless otherwise directed by the City, Unity Gardens shall restore the Premises to the same condition as existed prior to the placement of the Garden, reasonable wear and tear excepted. In the event Unity Gardens shall fail to so remove the Garden or restore the Premises, the Garden shall be deemed to have been abandoned by Unity Gardens, and the same shall become the property of the City for the City to use, remove, destroy or otherwise dispose of at its discretion, and without responsibility for accounting to Unity Gardens therefor; provided, however, in the event the City elects to remove the Garden, the City, in addition to any other legal remedy it may have, shall have the right to recover from Unity Gardens all costs incurred in connection with such removal and restoration of the Premises. Notwithstanding anything to the contrary contained in this Agreement, the termination of this Agreement shall not relieve Unity Gardens from Unity Gardens' obligations accruing prior to the termination date, and such obligations shall survive any such expiration or other termination of this Agreement. Unity Gardens shall be free to contract with AEP, at the expense of Unity Gardens, for the provision of electrical service to the premises. City agrees to execute any easement documents necessary or required by AEP for the physical installation of such service. 3. All other terms and conditions of the Agreement not inconsistent with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment to Temporary Use and License Agreement on the date and year written above. SARA TEW T, RN, MSN CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT i � MS l8na � gnolurc Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed ame and Ife South Bend Redevelopment Commission -2-