Loading...
CM Trans Bay Cable Leaseri II �I�IIIII�I�IIIIII�II��I'II�IIIlllllll) 111 3 01 RECORDING REQUESTED BY: 2017-0020325 Recorded I REC FEE 0.00 Official Records I City of San Rafael County of I CONFORMED COPY 0.00 1400 Fifth Avenue, Room 209 RICHARDa11.nBEIISOH I PO Box 151560 Assessor -Recorder I County Clerk I San Rafael, CA 94915-1560 1 so 12:33PI1 30 -Jun -2017 1 Page 1 of 3 WHEN RECORDED RETURN TO: Bridge Service Corp. #383-3381 800-225-2736 299 Broadway, Suite 1508 New York, NY 10007-2061 fTHE AREA ABOVE IS RESERVED FOR RECORDERS USE Consent to Subsequent Encumbrancing of Lease by CITY OF SAN RAFAEL Document entitled to free recordation Pursuant to Government Code Section 27383 Marin County, CA '2_10 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: CITY OF SAN RAFAEL 1400 Fifth Avenue, Rm 209 P.O. Box 151560 San Rafael, CA 94915-1560 Document entitled to free recordation Pursuant to Government Code Section 27383 County- Marin SPACE ABOVE THIS LINE FOR RECORDER'S USE CONSENT TO SUBSEQUENT ENCUMBRANCING OF LEASE The undersigned is a party to those certain Agreements and Consents to Encumbrancing of Lease by and among the City of San Rafael, acting by and through the City Council of the City of San Rafael, as Lessor; TRANS BAY CABLE LLC, as Lessee; and BAYERISCHE LANDESBANK, as the original collateral agent and secured -party lender, both executed by Lessor on May 5, 2008 ("Agreements and Consents"), with reference to a Senior Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, and a Subordinated Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, both dated May 28, 2008, and both recorded June 11, 2008 in the Official Records of Marin County, California, as Serial Nos. 2008-0027389 and 2008- 0027390, respectively. The undersigned is also a party to that certain Consent to Assignment of Encumbrancings of Lease, executed by Lessor on October 29, 2010 and recorded November 24, 2010 in the Official Records of Marin County as Serial No. 2010-0060331, pursuant to which Lessor approved and consented to the transfer of such deeds of trust to SteelRiver Transmission Company LLC, a Delaware limited liability company, for further collateral assignment to Deutsche Bank Trust Company Americas, as the collateral agent. Lessee is entering into, a subsequent encumbrancing of the Lease with MUFG Union Bank, N.A., as Collateral Agent ("MUFG"), to secure certain noteholders and lenders. In accordance with the terms of the Agreements and Consents, Lessor hereby approves and consents to the subsequent encumbrance for the benefit of MUFG. From and after the effective date of such encumbrance, MUFG will have the rights and obligations of the "Secured Party -Lender" under the Agreements and Consents. Nothing in this consent shall be construed to modify, waive, release or otherwise affect, any of the provisions of that certain Lease between Lessor and Lessee dated December 20, 2006, recorded December 29, 2006, in the Official Records of Marin County, California, as Serial No. 2006-0080879. IN WITNESS WHEREOF, the undersigned has executed this Consent to Subsequent Encumbrancing of Lease as of the date stated hereafter. LESSOR r- CITY OFSAN RAFAE Dated: lC//��I �" By: 1 Name: �,. l� I evi C)r.. Title: � s C1 J SIGNATURE MUST BE NOTARIALLY ACKNOWLEDGED ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On I,,,/ I-rj no,-* before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared �,ei97/.u,6 14.4/`oweH who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Oare subscribed to the within instrument and acknowledged to me that he&�e/they executed the same in his/�VT/their authorized capacity(ies), and that by his(q/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E. BEIRNE j r COMM. #2112433 z z m Notary Public - California o Marin County . Q� c -c My Comm. Expires June 10, 2019p Signature (Seal)