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HomeMy WebLinkAbout52-Public Works '0_. o o o ltEeEIVEO-CIl Y CLERI< 'r1 ItAY -8 A 7 :40 (l,;';rr 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. :f.- ':"7, Aes L. Lynas , . ) J, 0'(>.(/'- . ~ L1IIlui ;-'/ /<-"--'L/ 1i~~.' SOIlOr& street San Bernardino, CA 92404 JIJ..jaal EnCI Airee.ent dated August 2, 1982 ~, o \ l o o o 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) o o o o 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) o o o :> 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: to; "'- ,(,tr" .1 "',",;1.. LICENSEE(S) 1 !c.(.et:~./,-;J /~r--- \~m~s ~. Lynas . r.'. y .J. ,f.. 'i)I' \~~__, ?.....,I,-L ,'Sh1rley .M. Lynas / ./ H:TNwS's: 4~ ~/:v... . 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. r': .,'_....~......"..._~ ::~I. -.;Hil'( . ';,11;. 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