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Resolution 1992-54 ." . . " -- RESOLUTION NO. 92- 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY OF GILROY'S INTEREST IN LEASE DATED JULY 1, 1986, EXECUTED BY JOSEPH GUBSER, JR., 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 July 1, 1986, executed by Jospeh Gubser, Jr., as Lessor, and Gilroy and Morgan Hill, collectively as Lessee, for certain real property comprised of approximately one hundred seventeen and one-half (117.5) 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 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 RESOLUTION NO. 92 - 54 -1- . . 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 City Council. PASSED AND ADOPTED this 6th day of July , 1992, by the following vote: AYES: COUNCILMEMBERS:GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERs:None ABSENT: COUNCILMEMBERS: None '7J:.~aI 1. ~ Doli Gage Mayor ATTEST: ~dt;..~ s~sanne steinmetz c~ty Clerk RESOLUTION NO. 52 - 54 -2- . . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 92-54 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. Gilroy (Seal)