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Home My WebLink AboutLand Authorization - Tree Nurseries - VPATREE NURSERY AGREEMENT ____________________________________________________________________________ THIS TREE NURSERY AGREEMENT ("Agreement") is made effective this _14th_ day of _January, 2025___ (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”) and the City of South Bend, Indiana (“the City”), acting by and through its Board of Public Works (“BPW”) (each, a “Party,” and collectively, the “Parties”). RECITALS WHEREAS, VPA desires to expand on its urban tree nursery network through the utilization of certain land owned by BPW (‘BPW Lot”) (“BPW Lot”) as more particularly described in Exhibit A attached and incorporated herein; and WHEREAS, the BPW shares a mutual interest with VPA to mutually work toward achieving the City’s tree canopy goal of forty percent (40%) coverage by the year 2050; and WHEREAS, VPA will provide ongoing volunteer services to the BPW Lot to help create and maintain the planned distributed urban tree nursery; and WHEREAS, the Parties desire to memorialize these amended and restated 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. BPW Duties. BPW agrees to grant VPA access to the BPW Lot for the planting of a distributed urban tree nursery. Section 2. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care to the distributed urban tree nursery 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 urban tree nursery and has the right, in its sole discretion, to transplant any mature trees to other City locations. Section 3. Term. Unless this Agreement is earlier terminated, the BPW Lot shall be subject to the terms of this Agreement from the Effective Date until December 31, 2029 (the “Term”). At the conclusion of the Term, this Agreement shall automatically renew for one (1) year periods unless BPW or VPA deliver written notice of its intention not to renew to the other Party. Notwithstanding the foregoing, either VPA or BPW may terminate this Agreement in whole or in part, for any reason, at any time, if it determines that such termination is in its best interests, and provides the other Party at least sixty (60) days’ advance written notice. Section 4. Assignment; Subcontractors. VPA and BPW shall not assign or subcontract the whole or any part of this Agreement without the prior consent of the other Party. Section 5. Changes in Scope of Use. VPA and BPW understand and agree that the intended use of the BPW Lot described in Exhibit A in this Agreement is limited to the establishment and maintenance of an urban tree nursery. Any changes thereto must be authorized in writing by both VPA and BPW. Section 6. 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 7. 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 8. Authority. Each undersigned person signing on behalf of their respective party certifies that they are duly authorized to bind his/her respective Party to the terms of this Agreement. Section 9. 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 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 BOARD OF PUBLIC WORKS COMMISSIONERS: SOUTH BEND ______________________________ _________________________________ Mark Neal, President Elizabeth Maradik, President ______________________________ _________________________________ Consuela Hopkins, Member Joseph Molnar, Vice President ______________________________ ___________________________________ Sam Centellas, Member Gary Gilot, Member –––––––––––––––––––––––––––– Murray Miller, Member –––––––––––––––––––––––––––– Breana Micou, Member ATTEST: –––––––––––––––––––––––––––– Theresa Heffner, Clerk ATTEST: ______________________________ ––––––––––––––––––––––––––––– ______________, Clerk Date Approved ______________________________ Date Approved January 14, 2025 EXHIBIT A. Description of Property Property Address Parcel ID Legal Desc. 1712 ORANGE ST 018-2004- 0035 43 Ft W End Lot 27 College Grove 1710 ORANGE ST 018-2004- 003501 42 3-4 Ft E Side W End Lot 27 College Grove 124 W JACKSON RD 018-2004- 0037 N 1/2 W 1/2 Lot 34 College Grove 118 W JACKSON RD 018-2004- 003701 Sw 1-4 Lot 34 College Grove 127 COLLEGE ST 018-2004- 003502 45.3 X 85 3-4 Ft Ne Cor Lot 27 College Grove 125 COLLEGE ST 018-2004- 003503 Sec 1-4 Lot 27 College Grove 123 COLLEGE ST 018-2004- 003702 E 1.2 Lot 34 College Grove 114 W JACKSON RD 018-2004- 0039 115 Ft N End 60 Ft W Side Lot 42 College Grove 1713 W WASHINGTON ST 018-2004- 003901 66 Ft S Side 60 Ft W Side Lot 42 College Grove 115 COLLEGE ST 018-2004- 0040 60 Ft N End Lot 41 & 60 Ft N End 25 Ft S Side Lot 42 College Grove 109 COLLEGE ST 018-2004- 004001 S 40 Ft Of 100 Ft N End 1 Lot 41 & S 40 Ft Of 100 Ft N End E Side Lot 42 College Grove 103 COLLEGE ST 018-2004- 004002 N 40 Ft Of S 80 Ft Lot 41 & N 40 Ft Of S 80 Ft E Side Lot 42 College Grove 1707 W WASHINGTON ST 018-2004- 004003 21.25 Ft E Side 40 Ft S End Lot 42 & 40 Ft S End Lot 41 College Grove BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1/6/2025 Name: Barbara Dale Department of Public Works – Engineering Division BPW Date: 1/14/2025 Phone Extension: 9098 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name 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: Land Authorization Ease./Encroach Required Information Company or Vendor Name VPA New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Urban Tree Nurseries Project Number n/a Funding Source USDA Urban & Community Forestry Grant - 212-10-101-132-439300 Account No. N/A Amount N/A Terms of Contract Special Contract Provisions Purpose/Description Authorization for VPA to use BPW properties for urban tree nurseries 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: