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<br />- <br /> <br />PERMIT NO. 6-94 <br />(Issued on July 24, 1996, As <br />Amended Through March 4, 2010) <br />AMENDMENT NO. SIX <br />(Exclusive of Amendment No. Four) <br />City of Redwood City and <br />Keech Properties, LLC <br />Page 7 <br /> <br />alternative inland access. Should the Commission determine that there has been a <br />substantial change to any of the above described factors. Such a revocation or <br />modification shall be the subject of a Commission public hearing. <br /> <br />4. Permanent Guarantee. Prior to January 1, 1998, the permittees sJnHl. were to, by <br />instrument or instruments acceptable to counsel for the Commission, dedicate to a <br />public agency or otherwise permanently guarantee such rights for the public to the <br />HeW approximately 161,475-square-foot public access areas(s) which make up the <br />alternative inland access, except for Lido parcels one and two. For parcels one arid <br />two of Lido, the access immediately adjacent to each parcel shall be dedicated prior <br />to the occupancy of any residence within that parcel, or by September 1, 1999, <br />whichever is earlier. The instrument(s) shall create rights in favor of the public which <br />shall commence no later than after completion of construction of any public access <br />improvements required by this authorization on such parcel or area and prior to the <br />use of any structures within that particular parcel. Such instrument shall provide for <br />its termination if and when the exterior levee access is permanently available for <br />public use. Such instrument shall be in a form that meets recordation requirements <br />of San Mateo County and shall include a legal description of the property being <br />restricted and a map that clearly shows and labels the shoreline, the property being <br />restricted for public access, the legal description of the property and of the area <br />being restricted for public access, and other appropriate landmarks and topographic <br />features of the site, such as the location and elevation of the top of bank of any <br />levees, any significant elevation changes, and the location of the nearest public street <br />and adjacent public access areas. Approval or disapproval of the instrument shall <br />occur within 30 days after submittal for approval and shall be based on the <br />following: <br /> <br />a. Sufficiency of the instrument to create legally enforceable rights and duties to <br />provide the public access area required by this authorization; <br /> <br />b. Inclusion of an exhibit to the instrument that clearly shows the area to be <br />reserved with a legally sufficient description of the boundaries of such area; <br />and <br /> <br />c. Sufficiency of the instrument to create legal rights in favor of the public for <br />public access that will run with the land and be binding on any subsequent <br />purchasers, licensees, and users. <br /> <br />5. Recordation of the Instrument. Within 30 days after approval of the instrument, or <br />within 30 days after approval of the applicable final map, the permittees shall record <br />the instrument and shall provide evidence of recording to the Commission. No <br />changes shall be made to the instrument after approval without the express written <br />consent by or on behalf of the Commission. <br /> <br />6. Improvements Within the Total Public Access Area. Prior to September 1, 1999, or the <br />occupancy of any residence within the Lido parcel one, whichever occurs first, the <br />permittees shall install the following public access improvements: <br />