Environmental Protection Agency - US Federal Government
NO FEE per GC Sec.6103
C 644 :'~G~ 362
C174;)I-~1'731 ,
SECURITY AGREU1ENT AS REQllIREn BY TITLE 40, @1:'1Y~
SECTION 30.810-4 OF UNITED STATES COOE ANNOTATED .3tt-:L
7095430
This Agreement is made between the City of Gilroy, a municipal
corporation, 7351 Rosanna Street, Gilroy, California (hereinafter known
as "City"), and the Environmental Protection Agency, a Federal govern-
mental agency, 801 I Street, Room 466, Sacramento, California (herein-
after known as "EPA").
WHEREAS, City is indebted to EPA as a result of EPA's advancing
through the Clean Water Grant Program, $95,625 used to pay part of the
purchase of property hereinafter described;
WHEREAS, Title 40, Section 30.810-4 USCA requires the City
adequately reflect and protect EPA's interest in the property in com-
pliance with all recordation or registration requirements of the Uniform
Commercial Code;
NOW, THEREFORE, City grants to EPA as security interest in the
property hereinafter described called "Collateral". The Collateral is
security for performance of City's obligation under this Agreement and
the Grant Agreement between EPA and City dated August 15, 1979.
City warrants, covenants and agrees with EPA that:
1.
WARRANTIES - (A) All statements contained in the City's Grant
application are true and correct; (B) Proceeds from the Grant
were used for the purposes agreed upon; (C) City is the owner
of the Collateral free and clear of any lien, encumbrance or
security interest; and (D) City will defend the Collateral
against any claim or demand adverse to EPA's interest.
2.
INSPECTION - EPA shall have the right to inspect the Collateral
at any time.
3.
USE OF PROPERTY IN OTHER PROJECTS - The City shall obtain
approval from EPA for the use of the Collateral in other projects
when the City determines that the property is no longer needed
for the original Grant purpose. Use in other projects shall be
limited to those under other Government Grant programs, or
pro g ram s t hat h a ve pur po s e s con s i s ten t wit h 1; !W$ e i\~~ h 0 ri z ~d
for support by EPA. n;:'.~:' r' .
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7390 Rosanna Street, P. O. Box 66
GILROY, CALIFORNIA
95020
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5. DISPOSITION INSTRUCTIONS - The EPA shall observe the following
rules in disposition instructions for the real property here-
inafter described:
(1) In the case of the real property purchased in part with
EPA funds, City, at the direction of the Project Officer,
may:
(i) Retain title with Federal restrictions removed if
it compensates the Federal Government an amount computed
by applying the Federal percentage of participation in
the net cost of the project to the current fair market
value of the property, or
(ii) Sell the property under guidelines provided by EPA
and pay the Federal Government an amount computed by
applying the Federal percentage of participation in the
net cost of the project to the proceeds from sale (after
deducting actual and reasonable selling and fixup expenses,
if any, from the sales proceeds), or
(iii) Transfer title of the property to the Federal
Government with its consent provided that in such cases
the City shall be entitled to compensation computed by
applying the City's percentage of participation in the
net cost of the project to the current fair market
value of the property.
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DESCRIPTION OF COLLATERAL
(6441)~Gf364
G174;'j.GE738
C-: (p If'! tpiJ.. 3b ~
The following is a description of the parcel acquired partially
with Grant funds under the Clean Water Grant Program in the amount of
$95,625 received from EPA by City, to wit:
BEING a portion of Lot 23 as shown on "Map of the EMMA REA-LOUPE
SUBDIVISION" filed for record in Book "0" of Maps at page 47,
Records of Santa Clara County, California, and being more
particularly described as follows:
BEGINNING at the most easterly corner to Lot 23 as shown on
said map, and running thence along the northeasterly line of
Lot 23 N. 35012'W. 1390.62 feet to the most northerly corner
thereof; thence along the northwesterly line thereof S.54050'W.
2073.19 feet to the corner designated TRM at an angle point in
said line; thence along the northeasterly line of Lot 22 and
the southerly prolongation thereof S. 32013'W. 66.26 feet to
a point in the northwesterly line of Lot 12 as shown on said
map; thence along the northwesterly line of Lots 12, 13 and
14 N.54050'E. 950.72 feet, more or less, to the most northerly
corner of Lot 14; thence along the line common to Lots 14, 15
and 23 S. 35012'E. 1489.55 feet to the southerly common corner
to Lots 15 and 23; thence along the southeasterly line of Lot
23 N.46030'E. 1137.84 feet to the point of beginning, and
CONTAINING THEREIN 39.5 acres, more or less.
CITY OF GILROY, a municipal
corporation
BY:~~
Date:
,June 22, 1981
-3-
C 644 f)~GE 365
County of Santa Clara
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G174i)~GE740
STATE OF CALIFORNIA
On this 22nd day of June in the year one thousand nine
hundred and eight-one , before me, SUSANNE E. STEINMETZ
a Notary Public, City Clerk, city of Gilroy, State of California, duly sworn,
persona~y appeared Norman B. Goodrich
known to me to be the person
he it .executed the within instrument on
and acknowledged l.o me that he
described in and that
behalf therein named,
executed the same.
r"';;jWITNESP; WHtkEOF I have hereunto set my hand and affixed the official
seal of th&.Cil1y of Gilroy in the County of Santa Clara the day and year in this
c:rtit;;;:::.J at~ wri t
"'ty derk" City of Gilroy, State of
per Civil Code Sec. 1181; Government