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. PERMIT NO. 1989.014.05 City of San Leandro (Originally Issued on March 7, 1990, As Amended Through May 2, 2016) AMENDMENT NO. FIVE Page 11 50,600 square feet) segment of existing Shoreline Trail Warmal-pathway that extends between the southern end of segment 1 and the western terminus of privately owned and maintained Bayfront Drive b,.: eep the ' ewelling - - - • - - - ' •- - - - - - - - - - - (segment 3) (Amendment No. 5); c. The approximately 1,000-square-foot area within the Lewelling Boulevard Traffic Circle that shall be made available for public shore parking consistent with Special Condition II.F.3.i, as shown on Exhibit "B" and the plan entitled, "Site Plan and Details of Signage", Sheet Two, prepared by Phillip Toste, and dated January 27, 2016 and attached to the January 28, 2016 request for Amendment No. Five to the Permit (Amendment No. 5)., . _ . . _ - •_ _ - - - . _- . . public street (segment 4), as generally shown on Exhibit "B" as "San Leandro _ - - - - . . • . . . d. The public access area shall be made available exclusively to the public for unrestricted public access for walking, sitting, bicycling, viewing, picnicking,_ parking, and related purposes. If the permittee wish to use the public access area for other than public access purposes, prior written approval by or on behalf of the Commission must be obtained. 2. Permanent Guarantee. Within 180 days of the date of this amended permit, no later than November 1, 2016,the permittee shall submit to counsel for the Commission, by an instrument or instruments acceptable to counsel for the Commission,to dedicate to a public agency or otherwise permanently guarantee such rights for the public to the public access area(s) required by Special Conditions II-F-1 to the extent the permittee is legally able to do so. The instrument(s) shall create exclusive rights in favor of the public which shall commence no later than after completion of construction of any public access improvements required by this permit and prior to the use of the facilities authorized herein. Such instrument(s) shall be in a form that meets recordation requirements of Alameda County and shall include a legal description of the property being restricted for public access, the legal description of the property and of the areas being restricted for public access, other appropriate landmarks and topographic features of the site, and the location of the nearest public street and adjacent public access areas. Approval or disapproval of the instrument(s) shall occur within 30 days after submittal for approval and shall be based on the following: a. Sufficiency of the instrument(s)to create legally enforceable rights and duties to provide the public access areas required by this permit;