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

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COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT THIS COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT ("Agreement") is made effective this day of December 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.