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Home My WebLink AboutCC Resolution 12260 (Submarine High Voltage Direct Current Transmission)RESOLUTION NO. 12260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR OR VICE MAYOR TO EXECUTE A LEASE ASSIGNMENT FROM TRANS BAY CABLE LLC TO PITTSBURG POWER COMPANY FOR THE LEASE OF A PORTION OF THE SAN RAFAEL BAY HELD BY THE CITY OF SAN RAFAEL AS GRANTED LANDS FROM THE STATE OF CALIFORNIA FOR THE PURPOSE OF THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE AND USE OF A SUBMARINE HIGH VOLTAGE DIRECT CURRENT TRANSMISSION LINE WHEREAS, pursuant to the authority of Chapter 83 Statutes of 1923, the State of California has granted to the City of San Rafael all the rights, title and interest to all marsh, tide and submerged lands within the boundaries of the City to be held in trust by of the State of California; and WHEREAS, under said legislation, the City has the authority to lease said granted lands or portion thereof, for limited periods, for purposes consistent with the trust upon which said lands are held by the State of California; and WHEREAS, because the City holds the lands in trust for the State of California and does not own the property in fee, the procedures for the leasing of City owned land as set in Article III Section 12 of the City Charter are not applicable; and WHEREAS, Trans Bay Cable LLC leased a portion of the City's granted lands for the construction, installation, operation, maintenance and use of a submerged cable for the transmission of electricity and for fiber optic transmissions between Pittsburgh, CA and San Francisco; and WHEREAS, Trans Bay Cable LLC has requested an assignment of the lease to Pittsburg Power Company, a Joint Powers Authority of the City of Pittsburg and the Pittsburg Redevelopment Agency; and WHEREAS, the City has evaluated the proposed party's financial strength and reliability, business experience and expertise, business reputation, managerial and operational skills, as well as other relevant factors and finds the assignment to be reasonable. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The City Council approves and authorizes the Mayor or vice mayor to execute a Lease Assignment from Trans Bay Cable LLC to Pittsburg Power Company for the lease of a Portion of the San Rafael Bay held by the City of San Rafael as Granted Lands from the State of California for the purpose of the Construction, Installation, Operation, Maintenance and Use of a Submarine High Voltage Direct Current Transmission Line a copy of which is hereby attached and by this reference made a part hereof. CT- L �° I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday. the 21 st day of May, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None JEAMNE M. LEONCINI, City Clerk _/P RECORDED AT THE REQUEST OF AND WHEN RECORDED, MAIL TO: CITY OF SAN RAFAEL 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. 184-010-17 County: Marin 2007-0052655 Recorded Official Records County of Marin JOAN C. THAYER Assessor -Recorder 02:1EPM 220 -Aug -M7 REC FEE 0.00 a Page 1 of 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE LEASE ASSIGNMENT, ACCEPTANCE AND APPROVAL The undersigned ASSIGNOR, TRANS BAY CABLE LLC, whose address is Two Harrison Street, Sixth Floor, San Francisco, CA 94105, hereby assigns to PITTSBURG POWER COMPANY, a Joint Powers Authority, all its right, title and interest under that certain lease agreement authorized by the City of San Rafael on December 18, 2006, by City Council Resolution No. 12176 (the "Lease"), which Lease was issued by the City for a period of twenty-five years commencing on the first day of January 2007. This assignment shall take effect on the Closing Date as defined in that certain Purchase and Sale Agreement by and between Assignor, as seller, and Pittsburg Power Company, as bu , dated November 6, 2006 (the "Effective Date"). David Parquet, Vice President The undersigned, ASSIGNEE, PITTSBURG POWER COMPANY, a Joint Powers Authority, whose address is 65 Civic Avenue, Pittsburg, CA 94565, hereby accepts the assignment of the Lease as of the Effective Date, and agrees to perform the conditions, covenants and agreements therein contained on the part of the Lessee to be kept and performed and in the manner therein provided from and after the Effective Date, and further agrees to be bound by the terms of the Lease to the same extent as if such ASSIGNEE were the original Lessee, any conditions in any assignment agreement to the co trary notwithstanding. Marc S. Grisham, Executive Director -1 of2- T�r �� f"it ii 'tli �' 1 F !d Ill"" " 11 L DOCSSFO.12476527.1 KNOW ALL MEN BY THESE PRESENTS: That the undersigned CITY OF SAN RAFAEL, acting by and through Albert J. Boro, its Mayor, hereby consents and approves the herein assignment by and between Trans Bay Cable and Pittsburg Power Company, a Joint Powers Authority of the Lease. This consent shall be effective on the Effective Date. From and after the Effective Date, Assignor shall be released from all liability under the Lease arising after the Effective Date. Such consent is made upon the express condition that ASSIGNEE shall be bound by the terms of the Lease to the same extent as if such ASSIGNEE were the original Lessee, any conditions in any assignment agreement to the contrary notwithstanding. This assignment was authorized by the City of San Rafael. MAY 21st 2007 (Month Day Year) CITY OF SAN RAFAEL /LBORTZJ.B Title: Mayor, City of San Rafael Dated: ALL SIGNATURES MUST BE ACKNOWLEDGED - 2 of 2 - DOCSSFO-12476527.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF MARIN On MAY 22 Date personally appeared 2007, before me, Esther Colette Bei me _ Nntary Plihl i f Insert Name and Title of Officer Albert J. Boro �, personally known to me - OR - WITNESS my hand and official seal. Name of Signer(s) pfoved to me on _the .basis of satisfactory _evideq;e_to be the personal whose name.(s} is/are-subscribed to the within instrument and acknowledged to me that he/st4eAh y executed the same in his/Iar/�dba- r authorized capacity(, and that by his/beftbmr signatures} on the instrument the person(s�; or the entity upon behalf of which the person{&) acted, executed the instrument. (Seal) Signature of Notary Public My Commission expires: �- ',! I rte/ I-)OC3� ESTI4ER COLEITE BEIRNE _ Commission # 1423444 •m Notary Public - California _ Marin County My Comm. Expires Jun 10, 2007 DOCSSFO-12476527.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA SS. COUNTY OF C'ik9 66Si X ) On Jul N ASS , 2067, before me, Je471 i G c,,ebt./V Date Insert Name and Title of Officer personally appearedGX_/SJ-I Name of Signer(s) personally known to me - OR - proved -to-me -vrr-the-basis__of sa#iAfaczsrj -e Ademce to be !` the person(s) whose nameW is/afe subscribed to the within instrument and acknowledged to me that he/s;ey executed the same in his/hefAfi& authorized capacity(ie$), and that by his/hef their signature(s� on the instrument the persons-), or the entity upon behalf of which the person,aj acted, executed the instrument. WITNESS my hand and official seal. KATW CORDON COMM CoMmUm #1 616167 1C1�ZB I i G f o� (Seal) Corft Costa Lardy Signature 15f Notary Public MyC0m111. ft*UMQ16,201t My Commission expires: —a0/ b DOCSSFO-12476527.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF`�kh Vir0,hGI SCO) 4 HEIDI WAGNER, NOTARYPUBLIC On a , 200-7, before me, Insert Name and Title of Officer Date personally appeared 1)0v�d Volvrr Name of Signer(s) personally known to me - OR - begis of so- - ✓c- r "J ;,ae to be the person. s+ whose name(e} is/afe subscribed to the within instrument and acknowledged to me that he/shettheq- executed the same in his/he4tha - authorized capacity(4es4, and that by his/h@FA4eir signatures) on the instrument the person(.-), or the entity upon behalf of which the person(,}+ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Publi My Commission expires: v W`meq' Z0L b HEIDI WAGNER CornmlSkIn # 1668211 (Seal) Notary R01c - Caltfomia Son Froncisco County j*'MV Comm. Was Jun 4, 2010 bOCSSFO.12476527.1 RESOLUTION NO. 12260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR OR VICE MAYOR TO EXECUTE A LEASE ASSIGNMENT FROM TRANS BAY CABLE LLC TO PITTSBURG POWER COMPANY FOR THE LEASE OF A PORTION OF THE SAN RAFAEL BAY HELD BY THE CITY OF SAN RAFAEL AS GRANTED LANDS FROM THE STATE OF CALIFORNIA FOR THE PURPOSE OF THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE AND USE OF A SUBMARINE HIGH VOLTAGE DIRECT CURRENT TRANSMISSION LINE WHEREAS, pursuant to the authority of Chapter 83 Statutes of 1923, the State of California has granted to the City of San Rafael all the rights, title and interest to all marsh, tide and submerged lands within the boundaries of the City to be held in trust by of the State of California; and WHEREAS, under said legislation, the City has the authority to lease said granted lands or portion thereof, for limited periods, for purposes consistent with the trust upon which said lands are held by the State of California; and WHEREAS, because the City holds the lands in trust for the State of California and does not own the property in fee, the procedures for the leasing of City owned land as set in Article III Section 12 of the City Charter are not applicable; and WHEREAS, Trans Bay Cable LLC leased a portion of the City's granted lands for the construction, installation, operation, maintenance and use of a submerged cable for the transmission of electricity and for fiber optic transmissions between Pittsburgh, CA and San Francisco; and WHEREAS, Trans Bay Cable LLC has requested an assignment of the lease to Pittsburg Power Company, a Joint Powers Authority of the City of Pittsburg and the Pittsburg Redevelopment Agency; and WHEREAS, the City has evaluated the proposed party's financial strength and reliability, business experience and expertise, business reputation, managerial and operational skills, as well as other relevant factors and finds the assignment to be reasonable. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The City Council approves and authorizes the Mayor or vice mayor to execute a Lease Assignment from Trans Bay Cable LLC to Pittsburg Power Company for the lease of a Portion of the San Rafael Bay held by the City of San Rafael as Granted Lands from the State of California for the purpose of the Construction, Installation, Operation, Maintenance and Use of a Submarine High Voltage Direct Current Transmission Line a copy of which is hereby attached and by this reference made a part hereof. 1, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a rem lar meeting of the City Council of said City held on Mondav, the 21 st day of May. 2007 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None JEA'NN� E M LEONCINI, City Clerk s