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" '^ y p � I �� i'i G :: .�� �, '.� <br /> Memorandum of Understanding Between Eugene Cronin, the City Of E��erett, <br /> and the Port Gardner Neighborhood Association for the Installation and <br /> Maintenance of a Gateway Planting on the Southeast Corncr of Friday <br /> Avenue and 41" Street <br /> This Memarandum of Undcrstanding(the"Memorandum") is a statement of principles <br /> by Eugene Cronin ("Mr. Cronin"), the City of Bverett (the"City"),and the Port Gardner <br /> Neighborhood Association �•' "PGNA"), an uninwrporated association of residents of the Port <br /> Gardner neighborhood in Gverett. <br /> PURPOSE AND BACKCROUND <br /> A. Mr. Cronin o�vns the property located at 4031 Priday Ave in Everctt, Washington. This <br /> Memorandum conccrns a portion of Mc Cronin's property, which is identified in Pigure I and <br /> refcrrcd to in this Memorandum as the"Planting Arca." <br /> [3. The Planting Area is located within lhe City's Strect Right of Way Easement (the"Street <br /> GasemenP'). <br /> C. The PGNA desires to install and mainWin a gateway pinnting area in the Planting Area. <br /> "I'he purpose of this Memorandum is to evidence Me Cronin's and the City's willingness to <br /> allow the PGNA's use ofthe Planting Arca. <br /> D. This Mcinorandum is intended to promote organized cooperation and is not� Iegally <br /> binding contract. <br /> UIVISION OF RESPONS[I3ILITIES <br /> I. �Ir. Cronin �,i��es permission for the PGNA to use the Planting Arca to install and <br /> maintain a gateway planting arca. <br /> 3. The PGNA will install landscaping,consisting of evergreen and annual plants, on the <br /> Planting Arca. A listing of the pinnts must be approved by Mr. Cronin and the City prior to <br /> instnllntion. <br /> 3. The PGNA will be responsible for routine maintcnance of the landscaping. Vegetation <br /> ���ill be maintained and trimmed as shown in Pigure l. Ifthe PGNA fails to maintain the <br /> landscapina instulled by it despite a written request to do so Gom Mr. Cronin or the City, this <br /> A4emorondum may be terminated. <br /> -4. The PGNA �nd Mr. Cronin understand thnt the Planting Area lies �vithin the City's Street <br /> Casemcnt. The Ciry may construct transportation or utility improvements in the future on the <br /> City's Strect Casement. In the evenl that the Cily desires to construct transportation or utility <br /> improvemenls, thc City will provide wrilten notice to the PGNA's primary contact and will <br /> allo���d8 hours for the PGNA to remove any landscaping and restore [he Planting Area to top soil <br /> Pagc I of 3 7/23 2010 <br />