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Home My WebLink About05/02/2006, C4 - APPROVAL OF LICENSE AGREEMENT GRANTING RIGHT-OF-WAY FROM THE PEARCE MADONNA PARTNERSHIP AT CERRO SA councilMwfimD� , a6 j acenda aEpont '�"umb. C ITY O F SAN LU I S O B I S P O FROM: Shelly Stanwyck, Assistant City Administrative Officer Prepared By: Neil Havlik, Natural Resources Manager9V�T SUBJECT: APPROVAL OF LICENSE AGREEMENT GRANTING RIGHT-OF-WAY FROM THE PEARCE MADONNA PARTNERSHIP AT CERRO SAN LUIS NATURAL RESERVE CAO RECOMMENDATION Approve the License Agreement with the Pearce Madonna Partnership to permit construction and use of the "M" Trail crossing a portion of the Partnership's property at Cerro San Luis Natural Reserve, and authorize the Mayor to sign the Agreement. DISCUSSION On February 1, 2005, the City Council approved the Conservation Plan for the Cerro San Luis Natural Reserve. The Conservation Plan included one significant new trail project providing proper access to the "M" on the hillside and eliminating the current unauthorized and ecologically damaging accesses to it. Following Council adoption of the Conservation Plan, staff worked with representatives of Central Coast Concerned Mountain Bikers (CCCMB) and several local Boy Scouts who were interested in the trail and in using portions of the project as Eagle projects. Surveys found an appropriate route that met standards for grade, etc., but the surveys also determined that the best route required that a short stretch of the trail (about 500 feet, see map) go onto neighboring property owned by the Pearce Madonna Partnership (Partnership). Staff therefore approached the Partnership about permission to cross the property with the new trail. The Partnership was supportive, provided that the permission did not involve any formal granting of interest in the land. The result was a license agreement which allows for the construction and maintenance of the trail on Partnership property. There is a cancellation clause which is standard for such agreements, as the cancellation clause shows clearly that there is no interest in the land being granted by the agreement. The agreement has been signed by Clint Pearce representing the Partnership, and upon Council approval will permit the project to get underway. CONCURRENCES The Parks and Recreation Department supports the Agreement as achieving a sought-after objective of the Conservation Plan. The City Attorney's office participated fully in development of the Agreement. The project's environmental impacts are minor(especially when including closure of and repairs to the existing accesses) and are covered by the mitigated negative declaration of the Conservation Plan approved by the Council. Cy I Council Agenda Report—Approval of License Agreement Granting Right of Way Page 2. FISCAL IMPACT The trail is expected to be constructed entirely with volunteer labor. Material costs are small and will be largely achieved through use of recycled materials such as old wooden fence posts that will be used for trail tread support, and for gully erosion control. Any out-of-pocket costs will be absorbed by the Natural Resources Program budget. ALTERNATIVE The Council could reject the License Agreement. This is not recommended as the Agreement meets needs of both parties, and, although there is some risk of loss of the license, such action is not consistent with past actions by the Madonna family, or the Partnership, with regard to allowing use of Partnership lands by the public, and is therefore not anticipated. Indeed, staff feels that this agreement may be of help to the Partnership in addressing concerns over such public use in the future. Attachment License Agreement (including map) Cy� G/Havlik/councila/Approval of License Agreement Granting Right of Way �,D LICENSE AGREEMENT GRANTING RIGHT OF ENTRY This LICENSE AGREEMENT GRANTING RIGHT OF ENTRY is made by and between Pearce Madonna Partnership, a California limited partnership (hereinafter called"Owner"), and the City of San Luis Obispo, a California municipal corporation (hereinafter called "Licensee") with respect to the following RECITALS WHEREAS, the City of San Luis Obispo is the owner of certain real property in the City of San Luis Obispo commonly known as the Cerro San Luis Natural Reserve, and WHEREAS, said Natural Reserve is used by citizens for hiking and bicycling; and WHEREAS, Owner has acquired from the Madonna family certain property ("the Property") adjacent to said Natural Reserve and both the Madonna family and Owner have historically permitted use of the Property by members of the public for recreational purposes; and WHEREAS, the City of San Luis Obispo is desirous of constructing a recreational,non- motorized trail to provide access to a cultural feature on the hillside at the Natural Reserve known as the "M" constructed many years ago by students of Mission College Preparatory School and still maintained regularly by students at the school; and WHEREAS, surveys for said trail have indicated that the most practical and environmentally appropriate route to access the "M", if constructed, would cross a portion of the Property. NOW THEREFORE, the following is agreed by and between Owner and Licensee (collectively, the"Parties"). I.GRANT OF LICENSE. Subject to the further provisions of this License, Owner hereby grants a nonexclusive, revocable license to Licensee to enter the property on Cerro San Luis Obispo (San Luis Obispo County APN 073-351-018), pursuant to Licensee's request for access to and use of a portion of said property for the purpose of constructing and maintaining a hiking and bicycling trail to the "M". This License Agreement is only a temporary license to enter the Property and is not a grant of an easement or any other interest in the Property. This Agreement does not grant a right to exclusive use of any particular part of the Property. Licensee understands and agrees that other potential licensees and Owner and its representatives will also have access to the Property.. 2. TERMS OF LICENSE. A. This License entitles Licensee to construct a trail suitable for non-motorized recreational access on a portion of the Property indicated on the accompanying Map Exhibit 1, and to maintain and patrol said trail. B. Licensee agrees that it bears sole responsibility for the security and safety of Licensee and of Licensee's invitees. This License shall not be effective until the execution by Licensee of a Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement acceptable to Owner. C. Licensee shall not assign the license granted by this Agreement without the written consent of Owner. 3. TERMINATION/REVOCATION FOR CAUSE. This License shall continue until terminated with or without cause by either of the Parties, upon 30 days written notice to the other party. The License granted by this Agreement may also be revoked for cause at the discretion of Owner for any of the following reasons: (1) violation of any term of this License Agreement; (2) any act or omission on the part of Licensee which results in damage to or destruction of the Property or of any personal property stored in or located at the Property; or (3) violation of any law, rule, or ordinance of the County of San Luis Obispo when on, in, or around the Property. Upon termination or revocation of the license granted by this Agreement, Owner may require Licensee to close said trail or otherwise make substitute arrangements. Prior to any such termination, however, Owner shall give Licensee a reasonable time period, not to exceed 30 days, in which to correct violations,acts,or omissions,or make substitute arrangements. 4. CONDITION OF PREMISES. Licensee has examined and accepted the Property in its present as is condition,and accepts the condition of the Property. Owner makes no representation or warranty about the condition of the Property nor about its fitness for any purpose. Licensee shall not make any alterations, additions, or improvements to the Property beyond the generally accepted improvements to provide for a non-motorized recreational trail without the written permission of Owner. 5. GOVERNING LAW. This License will be governed by the laws of California. If any term or provision of this License is found to be unenforceable or void, the term or provision concerned will be construed as enforceable to the maximum extent allowed by law, and the remainder of this Agreement will remain in full force and effect. Licensee agrees that the exclusive venue for any dispute arising out of the relationship of the Parties to this License will be San Luis Obispo County, California. 6. AMENDMENT. This License may not be modified, amended, or changed without the written consent of the Parties. Signed on the day of ,2006. 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