California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 8 - Amendments to Permits › Article 4 - Assignment of Permits › Section 10830 - Permit Assignment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The rights, interests, and obligations
				  contained in a Commission permit are assignable in full or in part. A
				  Commission permit shall be assigned when a permittee transfers any interest in
				  any real property on which an activity is authorized by a permit to occur or
				  which is necessary to achieve full compliance with one or more conditions of a
				  permit. To assign a permit the permittee-assignor and the assignee shall
				  execute and submit to the Commission for review and approval by Commission
				  counsel a permit assignment document executed and dated by the assignor and
				  assignee or their authorized representatives containing all of the following
				  information:
(1) the permit number and date
				  of the Commission permit being assigned and, if the permit has been amended,
				  the amendment number and date of the most recent amendment;
(2) the full name, mailing address, email
				  address, and telephone number of the permittee-assignor, and, if the
				  permittee-assignor is not an individual, the legal nature of the entity making
				  the assignment (
e.g.
, California partnership, trust,
				  California corporation, California limited liability company, etc.);
(3) if the permittee-assignor is not an
				  individual, the name and title or position of the authorized representative
				  executing the assignment on behalf of the permittee-assignor;
(4) the full name, mailing address, email
				  address, and telephone number of the assignee, and, if the assignee is not an
				  individual, the legal nature of the entity receiving the assignment;
(5) if the assignee is not an individual, the
				  name and title or position of the authorized representative executing the
				  assignment on behalf of the assignee;
(6) a statement by the permittee-assignor or
				  its authorized representative that the permittee-assignor hereby assigns all
				  rights, interests, and obligations in the Commission permit (or for a partial
				  assignment, that the permittee-assignor hereby assigns the rights, interests,
				  and obligations in the Commission permit that are specifically identified in
				  the permit assignment document);
(7) a statement by the assignee or its
				  authorized representative that the assignee has read and understood the
				  Commission permit, hereby accepts the rights, interests, and obligations in
				  said permit, and agrees to be bound by all the terms and conditions of the
				  permit (or for a partial assignment, that the assignee has read and understood
				  the Commission permit, hereby accepts the rights, interests, and obligations in
				  said permit, and agrees to be bound by the terms and conditions of the permit
				  that are specifically identified in the permit assignment document);
				  and
(8) as applicable to the
				  assignment, either (i) a copy of the property interest transfer or conveyance
				  document (
e.g.
, recorded grant deed, recorded easement, lease)
				  documenting the transfer from the permittee-assignor to the assignee of any
				  interest in any portion of real property that is subject to the Commission
				  permit being assigned; or (ii) the contractual agreement between the
				  permittee-assignor and assignee, or a statement of representations and
				  warranties by the permittee-assignor and the assignee regarding the terms of
				  their contractual agreement, identifying the rights, interests, and obligations
				  being transferred from the permittee-assignor to the assignee or being accepted
				  and agreed to by the assignee.