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6. That the City will not be obliged to remove snow from any part of the Garden site on the <br />Subject Property; and that if it is determined by the City that snow removal is needed, that the <br />removal of such will be the responsibility of the Applicant and Adopting Partners; and <br />7. That the City will not be obliged to replace or maintain any of the improvements made to the <br />Garden site on the Subject Property; and <br />8. That all improvements made to the Subject Property, immediately become the property of the <br />City; and <br />9. That the City reserves the right to remove or alter any improvements to the Subject Property <br />upon determining that such improvements present a hazard to public safety, or exist in a state to <br />diminish the aesthetic quality of the Subject Property; and <br />10. That the City reserves the right to reuse the Subject Property, for any use determined by the <br />City Council to be in the public interest; and <br />11. That on- street parking of vehicles for any activity related to the Garden on the Subject Property <br />may only be located along the north side of Sunwood Drive, and safety cones, and reflective <br />signage must be used to indicate on- street parking; and <br />12. That any and all reasonable concerns of the City Parks Supervisor, related to the improvement of <br />the Subject Property must be met or exceeded; and <br />13. That the Garden may be constructed if the following conditions are met, and confirmed by staff: <br />a. That Garden improvements are limited to [Site 1] 1 [Site 2] on the Subject Property, as <br />shown on the project grading plans, dated January 2009. <br />b. That proof of necessary funding is submitted to the City prior to starting any work on any <br />phase of improvements on the Subject Property. <br />c. That any volunteer workers on the Subject Property must submit a completed <br />Community Service Application to the City at least ten (10) business day prior to <br />beginning work, including a waiver of liability, proof of insurance, emergency contact <br />information and records release forms. <br />d. That grading and pathways shown on the project grading plans, dated January 2009, must <br />prevent ponding on pathways. <br />e. That landscaping installed on the Subject Parcel must not include any potentially <br />invasive plants, and must not cause any excessive visibility hardship for Public Safety <br />Officers. <br />f. That silt fencing must be installed prior to any site work commencing and removed after <br />groundcover is established. <br />g. <br />That all benches included in the memorial must be commercial grade, as indicated in the <br />project proposal dated February 24 2009. <br />Page 2 of 4 <br />