Resolution 1992-53
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RESOLUTION NO. 92- 53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY
OF GILROY'S INTEREST IN LEASE DATED MARCH 1,
1985, EXECUTED BY CROCKER NATIONAL BANK, AS
TRUSTEE UNDER THE TRUST CREATED BY THE LAST
WILL AND TESTAMENT OF COURTNEY L. MOORE,
DECEASED, AND DIXIE LEE MEISELBACH,
COLLECTIVELY AS LESSOR, AS LESSEE THEREUNDER,
TO THE SOUTH COUNTY REGIONAL WASTEWATER
AUTHORITY, AND AUTHORIZING EXECUTION OF
ASSIGNMENT AND ASSUMPTION OF LEASE
WHEREAS, the city of Gilroy, a municipal corporation
("Gilroy"), along with the ci ty of Morgan Hill, a municipal
corporation ("Morgan Hill"), are collectively the Lessee under that
certain Lease dated March 1, 1985, executed by Crocker National
Bank, as Trustee under the trust created by the Last will and
Testament of courtney L. Moore, deceased, and Dixie Lee Meiselbach,
collectively as Lessor, and Gilroy and Morgan Hill, collectively
as Lessee, for certain real property comprised of approximately one
hundred four and thirty-nine one-hundredths (104.39) acres and
located in the unincorporated area of Santa Clara County,
California (the "Property"), as the same may be amended (such Lease
as amended is hereinafter referred to as the "Lease");
WHEREAS, Gilroy and Morgan Hill have formed the SOUTH
COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise
of Powers Authority organized and created pursuant to the laws of
the State of California ("SCRWA"), for the purpose of jointly
managing and running the sewage treatment facilities identified in
the Joint Exercise of Powers Agreement creating the South County
Regional Wastewater Authority dated May 19, 1992; and
WHEREAS, Gilroy and Morgan Hill desire to assign and
transfer to the SCRWA all of Gilroy'S and Morgan Hill's right,
title and interest, as Lessee under the Lease, and SCRWA desires
to acquire from Gilroy and Morgan Hill all of Gilroy's and Morgan
Hill's right, title and interest, and assume all obligations
thereunder, as Lessee under the Lease, pursuant to that certain
RESOLUTION NO. 92 - 53
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Assignment and Assumption of Lease ("Lease Assignment").
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The form, terms and provisions of the Lease
Assignment, together with all exhibits thereto, have been presented
to The City Council and reviewed by The city council and the same
are, in all respects, approved;
2. The city Administrator of Gilroy, Jay Baksa, is
hereby authorized to execute and deliver, in the name of and on
behalf of Gilroy, the Lease Assignment in the form presented to The
ci ty Council.
PASSED AND ADOPTED this
6th
July
, 1992,
day of
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
Don Gage
Mayor
Susanne Steinmetz
city Clerk
RESOLUTION NO. 52 - 53
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-53 is an original
resolution, duly adopted by the Council of the City of Gilroy at an
adjourned regular meeting of said Council held on the 6th day of
July
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 7th day of
July
,1992.
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(Seal)