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2 <br />Many of Staff's concerns are addressed by the draft development and maintenance agreement. <br />This draft agreement has been updated to address concerns of the City Council and of the Park <br />and Recreation Commission, Included in the draft agreement are the following requirements: <br />• Proof of funds prior to beginning a phase <br />• Regular maintenance of garden site <br />• On-street parking limitations. <br />• Not creating a visibility hardship for Public Safety Officers. <br />• Volunteer waiver of liability <br />• Right of City to remove or alter improvements and to reuse property. <br />The City Council identified some new concerns including: <br />• Will parking be adequate near the garden site? <br />• Is there a more appropriate location for this garden? <br />• Which children will be included in this garden and which will not? <br />• Timeline for completion should be required. <br />Four (4) neighboring residents expressed concerns to the City regarding the proposal, including: <br />• Possible increase of pedestrian traffic across Sunwood Drive. <br />• Uncertainty about the long-term maintenance of the site, <br />• Potential loss of privacy. <br />• Possible increase of vandalism. <br />• Unwelcome continuing reminder of tragedy, <br />• Leafs from proposed memorial tree may blow into swimming pool. <br />• Need to verify the actual number of neighbors planning to adopt the proposal. <br />Funding Source: <br />Costs associated with processing of the application and proposal is handled through normal staff <br />duties. All development and maintenance costs are the responsibility of the applicants. <br />Recommendation: <br />Staff recommends project approval for Site #2 contingent upon complianc'e with the terms and <br />conditions in the Development and Maintenance Agreement. <br />Commission Action: <br />Motion to recommend the City Council approve/deny Resolution #09-04-XXX approving the <br />proposed trailside garden, and Development and Maintenance Agreement. <br />Review Checklist: Copies to: <br />