HomeMy WebLinkAbout52-Public Works
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ltEeEIVEO-CIl Y CLERI<
'r1 ItAY -8 A 7 :40
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May 7, 1987
City Clerk
CUyHall
300 North D Street
s.n Berllar41Do, CA 92418
Dear Ms. ClarkI
Ve, the lUldera1gned, hold an existing licease agree_t 1I1th the City
of San Bernardino dated Auguet 2, 1982.
It is our desire to landscape, plant, 1natall trees aDd 8brube 1I1th
spriJlkler s;yet_, and otherwise 1Ilprove the propm:t;y for aesthetic
purposes.
'ftle cost of this tmhanc..ent 11111 be approxbately $12,500-15,000. Ve
cannot realistically spend this sua 111 th onl;y 5 ;years to enjoy use of
the prop&rt;y.
'ftle existing license expires on Auguet 2, 1992.
We 1I1sh to renew the agre..ent for an additional 10 ;year period to
August 2, 2002 pe:ndtted b1 paragraph 2 (f) of the agre..ent.
All other provisions specified in the agreBllent to re.in unchanged.
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Aes L. Lynas
, . ) J, 0'(>.(/'-
. ~ L1IIlui ;-'/ /<-"--'L/
1i~~.' SOIlOr& street
San Bernardino, CA 92404
JIJ..jaal
EnCI Airee.ent dated August 2, 1982
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WHEN IlECORDED MIIIL TO:
CITY CLERK
CITY I!^,.L
300 North "0" Strc(~t
San l3ernardino~ C^. 92418
LICENSE AGREEMENT
(Fences or Wdlls)
THIS LICENSE AGREEl1LNT is entered into between the CITY or SAN 3[I{N^IWINO,
a municipal corporation, of 300 North "0" Street, San Bernardino, Cal ifornia, herein-
after called "City", and JAMES L. LYNAS AND SHIRLEY M. LYNAS, whose property affected
by this license is known as 1160 Sonora Street, San Bernardino, California 92404 and
also known as Assessorls Parcel No. 155-461-08, San Bernardino, California, herein-
after called IlLicenseell.
City and licensee agree as follows:
1. Recitals.
(a) City owns certain flood plain property pursuant to grants from the
United States Federal Emergency Management Agency pursuant to which the land i~ dedi-
cated in perpetuity for open space purposes.
(b) City is required to faithfully manage such land for open space
purposes for public use.
(c) City has covenanted not to erect or permit to be erected any
structures or other improvements on such land unless such structures are, except for
restrooms, open on all sides and functionally relate to some open space use.
(d) A portion of land so dedicated lies adjacent to land owned or
occupied by Licensee.
(e) City desires to have Licensee manage that portion of such land on
City1s behalf, to keep such land neat and free of debris. and to prevent abuse of
such land by all-terrain vehicles, motorcycles, motorbikes, and othcr motorized
vehicles.
(f) Licensee agrees to manage such land on behalf of City to assure
its access for open space purposes, including assured pedestrian access. provided
City permits licensee to erect a fence or wall between Licensee1s property and the
Hampshire floodwall structure. Such management shall be provided by licensce without
cost to City.
(1)
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2. Implementation and Agreement. License is hereby granted to licensee to
utilize the land area described below, consistent with the foregoing, and to build
and erect fences or masonry walls along the extension of lot lines, btlwecn Licensee's
property and the Hampshire floodwall structure, subject to the following conditions:
(a) Licensee shall manage said land area and keep it neat and free of
debris,- and open for public use by pedestrians desiring to cross or otherwise utilize
such land.
(b) Licensee shall install an unlocked gate in any fence or wall which
may be erected to permit pedestrian ingress and egress. In lieu of an unloc,ked gate.
a space not less than 30 inches wide may be left open in each such fence or wall for
pedestrian access.
{c} This 1 icense shall be effective for a term of ten years from the
date hereof, subject, however, to revocation at any time by City upon notice from the
United States or any instrumentality thereof, or an order of any court, determining
that such fences, walls or other structures as may be erected, violate the c~venants
and restrictions placed on the land as conditions for its dedication for public use
for open space purposes, or upon determination by resolution of the Mayor and Common
Council that such property is no longer being properly maintained for such purposes
by LicenSee.
(d) In the event of such revocation, Licensee shall, at the request of
the City, forthwith remove any fence, wallar structure erected on said land at no
cost to City.
(e) If, after notice to remove such fences, walls and structures as
may have been erected on said land, Licensee fails to do so within ten days, City may
remove any and all walls, fences and other struct~res by demolition, dismantling, or
other means without liability for the value of such structures, and Licensee shall be
liable to City for the cost of such removal.
(f) This License may be renewed upon mutual agreement of City and
licensee for an additional ten year term by presenting this license to the Dlrector
of Public Works/Clty Englneer at least thlrty (30) days prior to the expiration of the
term hereof.
3. Licensee shall plant and maintain the northerly one.half of the parkway
area between the Hampshire floodwall structure and the easterly terminus of Sonora
Street, consistent with the landscaping of the parkway area fronting the property OWIl(!d
by said licensee.
(2)
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4. Change of Ownership. This License shall automatically tenllinate upon
any change in ownership of the land hereinabove described and the new owner shall
execute a new license Agreement with the City.
Dated:
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LICENSEE(S)
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\~m~s ~. Lynas .
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,'Sh1rley .M. Lynas /
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STATE OF CALIFORNIA
SS
COUNTY OF SAN BERNARDINO
CITY OF S^N BERNARDINO, a municipal
corporation
BY:~",,! ~..L.z.~ - J__
. LENN WILSON, Director of Public
Works/City Engineer
On r (' .~-" /';::-;; beforeme.aNotarvPublici:~and
fo'r said C~~nty an~' State. perscr:all)' Jppcc:.r~d . GLENN ~JI:"'SON kno;.-:; to me to bE the
Director of Public Works/City Engineer of the C ty of San Bernardino, the municipal
corporation that executed the within instrument and acknowledged to me that he
executed the same on behalf of the municipal corporation.
WITNESS my hand and official seal.
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County and State
Conunission expires ~l".;//-r.f _~_,} I -;- ___
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SAFECD
FOR NOTARY SEAL OR STAMP
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