Amendment and Restate Agreement - Add & Utilize Properties Community Tree Nursery Collaboration - TABLED

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COMMUNITY 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.