Resolution 1992-55
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RESOLUTION NO. 92-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY
OF GILROY'S INTEREST IN LEASE WITH EDWARD F.
KEAVENEY AND JACQUELYN C. KEAVENEY, 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 City of Morgan Hill, a municipal
corporation ("Morgan Hill"), are collectively the Lessee under that
certain undated Lease executed by Edward F. Keaveney and
Jacquelyn C. Keaveney (collectively, "Keaveney"), as Lessor, and
Gilroy and Morgan Hill, collectively as Lessee, for certain real
property comprised of approximately sixty-seven (67) acres and
located in the unincorporated area of Santa Clara county,
California (the "Property"), as amended by Lease Extension dated
July 15, 1986 executed by Keaveney, as Lessor, and Gilroy and
Morgan Hill, collectively as Lessee, as the same may be further
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").
RESOLUTION NO. 92 - 55
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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
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
J-,
Don Gage
Mayor
Susanne steinmetz
city Clerk
RESOLUTION NO. 92 - 55
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-55 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.
~o,
(Seal)