Tideland Use and Occupancy Permit to Morgan Dene Oliver and Frank and Celene Varasano for Recreational Pier, Ramp, and Float

Tideland Use and Occupancy Permit to Morgan Dene Oliver and Frank and Celene Varasano for Recreational Pier, Ramp, and Float

The proposed project is a new four-year Tideland Use and Occupancy Permit (TUOP) to Morgan Dene Oliver and Frank and Celene Varasano (Tenant) for non-exclusive use of 3,880 square feet of tideland and water area located southerly of 983 Scott Street in the City of san Diego. The area proposed for use under this TUOP will be used only and exclusively for the purpose of a non-commercial recreational pier, ramp, and float and the berthing of recreational boats and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. Said boats shall be owned one hundred percent by Tenant as evidenced by proof of documentation and restricted to the boundaries of the permitted premises. Pursuant to the TUOP, the Executive Director of District may, but shall have no obligation to, approve from time to time the berthing of other recreational boats owned by guests or invitees of Tenant. Such approvals, if granted, shall be in accordance with the terms and conditions prescribed by said Executive Director. At no time shall Tenant charge rent or fees for use of the pier of the berthing of boats. Pursuant to the TUOP, notwithstanding anything to the contrary, activities of the Tenant shall not interfere with the use and enjoyment by the general public of those portions of the pier as designated from time to time by the Executive Director of District. The TUOP requires that the general public have the unrestricted right of access on said designated portions of the pier as designated from time to time by the Executive Director of District. The TUOP requires that the general public have the unrestricted right of access on said designated portions of the pier, subject to rules and regulations which may be established from time to time by the District, including, but not limited to, possibly restricting the general public's right of access to daylight hours only, from one hour before sunrise to one hour after sunset (according to the National Weather Service). The tenant may, however restrict access by a locked gate to the portions of the pier not so designated and to the connecting ramp and float. The Tenant is required to install and maintain a sign with a location, size, and wording specified by the District regarding public access to a portion of the pier. The wording shall state, "Pier open to the public Between Sunrise and Sunset". The new TUOP is anticipated to commence on December 1, 2015, and terminate on November 30, 2019, for a total term of four years, and includes a 30-day termination clause. This TUOP will allow for continuation of the existing use (operation of a recreational pier, ramp, and float and the berthing of recreational boats). No new development, construction, or increase in the size of the property is proposed or authorized as part of the TUOP. The TUOP may be terminated by the Executive Director of District or his duly authorized representative, or by the Tenant, as a matter of right and without cause at any time upon the giving of thirty (30) days' notice in writing to the other party of such termination.

San Diego

San Diego