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)