Restricting Public Access to the Spit on Parcel Four Sample Clauses

Restricting Public Access to the Spit on Parcel Four. The AGREEMENT provides that GHCA shall install a 5-foot wide wheelchair-accessible crushed granite public access pathway along the spit on Parcel 4, the small parcel bayward of the GHCA office building, and Humboldt Street, the “paper street” that separates the office building from Parcel 4. AGREEMENT, Paragraphs I.B.11, and III.F.3.a(21). The AGREEMENT calls for unrestricted public access on the spit, but GHCA has requested that this requirement be modified due to public safety concerns. In addition, the City of Sausalito Police Department has recommended that the spit on Parcel 4 remain closed to public access because the area is secluded and in the past had become the site of illegal activities including public drunkenness, theft, and narcotics-related offenses; if the area were reopened and available for unrestricted public access, the Police Department considers it likely that the spit would once again be used by people for illegal activities. Parcel 4 is a narrow, 16,000 square foot parcel lying largely if not entirely below the mean high tide line. A small portion of the parcel – estimated to be about 20% -- forms the bayward end of the spit, where the highest area, which is rocky and vegetated with bushes and trees, is rarely, if ever inundated. However, the rising bay is encroaching. Over the past 20 years, storms have deeply eroded the spit, leaving tree stumps and a steep embankment on the long northern bank, and eroding the eastern end. As required by the AGREEMENT, GHCA dedicated Parcel 4 to the City Sausalito for public access and/or open space uses. The spit was open for unrestricted public use before and after the effective date of the AGREEMENT. However, over the years, substantial changes have affected Parcel 4, accounting for the fact that GHCA has not constructed the public path anticipated by the AGREEMENT. Those changed circumstances include: (1) the unanticipated delay in completing conversion of GHCA’s office building to a Fish and Bait Shop, which will include a deck that was to connect to the path along the spit; (2) the City of Sausalito’s decision not to accept the offer from GHCA for transfer of control and maintenance responsibility for Parcel 4; (3) the accelerating erosion of the spit such that little of the land remains above the tides; and (4) abusive use of the spit for homeless encampments, drug and alcohol use, and other illegal activities which have imposed burdens and responsibilities on GHCA that are beyond its capac...
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Related to Restricting Public Access to the Spit on Parcel Four

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  • POST ONLINE PUBLIC AUCTION PROCEDURES 4.1. Successful E-bidders shall and undertake to sign the Memorandum of Sale at the office of the Auctioneer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee bank and the sale will be deemed cancelled/terminated and the property may be put up again for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum of Sale for stamping and thereafter forward the same together with the required deposit paid under Clause 2.4 above and the differential sum paid under this clause (if any) to the Assignee bank.

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