HomeMy WebLinkAboutResolutions - No. 79-149RESOLUTION NO. 79-149
RESOLUTION APPROVING SECURITY
AGREEMENT WITH THE ENVIRON-
MENTAL PROTECTION AGENCY FOR
LAND PURCHASED WITH GRANT
FUNDS
RESOLVED, that the City Council of the City of Lodi
does hereby approve Security Agreement as Required by
Title 40, Section 30. 810-4 of United States Code Annotated
a copy of which Agreement is attached hereto, identified as
Exhibit "A", and thereby made a part hereof.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that
the City Council of the City of Lodi does hereby Authorize the
City Manager and the City Clerk to execute the Subject Agree-
ment on behalf of the City.
Dated: September 19, 1979
I hereby certify that Resolution No. 79-149 was passed
and adopted by the City Council of the City of Lodi in a
regular meeting held September 19, 1979 by the following
vote:
Ayes: Councilmen - Hughes, Katnich and Katzakian
Noe s: Councilmen - McCarty and Pinkerton
Absent: Councilmen - None
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AI,ICE M. RE
City Clerk
79-149
Exhibit "A"
SECURITY AGREEMENT AS REQUIRED BY TITLE 40,
SECTION 30.810-4 OF UNITED STATES CODE ANNOTATED
This Agreement is made between the City of Lodi, a
municipal corporation, 221 West Pine Street, Lodi, California
(hereinafter known as "City"), and the Environmental Protection
Agency, a Federal governmental agency, 801 1 Street, Room 466,
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Sacramento, California (hereinafter known as "EPA").
WHEREAS, City is indebted to EPA as a result of EPA's
advancing through the Clean Water Grant Program, $178, 000 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 compliance with all recordation or registration require-
ments of the laws of the State of Califnrr!-�ia.
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 December 31, 1977.
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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 worner
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 ob-
tain 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 programs that have purposes consistent with those authorized
for support by EPA.
4. REAL PROPERTY NO LONGER NEEDED FOR GRAINIT PURPOSES -
When the real property is no longer needed for the grant purposes
or for other projects, City shall request disposition instructions
from EPA.
5. DISPOSITION INSTRUCTIONS - The EPA shall observe the follow-
ing rules in disposition instructions for the real property herein-
after 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 com-
puted by applying the Federal percentage of participation
a
in the net cost of the project to the current fair market
value of the property, or
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(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
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the net cost of the project to the proceeds from, sale
(after deducting actual and reasonable selling and fix-
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up expenses, if any, from the sales proceeds), or
(iii) Transfer title of the property to the Federal Govern-
ment 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
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net cost of the project to the current fair market
value of the property.
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DESCRIPTION OF COLLATERAL
The following is a description of the parcel acquired partially with
Grant funds under the Clean Water Grant Program in the amount
of $178, 000 received from EPA by City, to wit:
PARCEL 1: A portion of the North half on Sections 25 and 26,
Township 3 North, Rancre 5 East, Mount Diablo Base and
4n,
Meridian, being more particularly described as foliovvs:
Beginning at a point on the northerly line of said Section 25;
distant along said line North 89' 221 52" West, 3,407-31 feet
from the Northeast corner of said Section 25, said point
being also the northwesterly corner of that parcel of land
deeded �o the State of California and recorded November 5,
1970 in Book 3455, page 428, San Joaquin County Records;
thence along the westerly line of said parcel the following four -
courses: (1) South 19' 121 32" East, 122. 94 feet; (2) South
15* 291 46 " East, 364. 22 feet; (3) South 13' 2 11 29" East,
2,226. 73 feet; (4) South 13* 02' 23" East, 29. 34 feet to a point
in the South line of the North half of said Section Z5; thence
Westerly, along the South line of the North half of said Sections
25 and 26 to the southeasterly corner of that parcel of land
described as Unit B in deed to the State of California and re-
corded December 14, 1970 in Book 3467, page 349, San Joaquin
County Records; thence North 22* 22' 16" West, along the
easterly line of said parcel, 2, 890. 74 feet to a point in the
North line of said Section 26; thence Easterly, along the North
line of Section 26 and Section 25 to the point of becrinning.
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Containing 234. 7 acres, more or less.
ENVIRONMENTAL PROTECTION CITY OF LODI,
AGENCY, a Federal governmental a municipal corporation
agency
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By By
-cot.Liquio U Date Date
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On this 17th day of August, in the year 1979, before
me, Melinda Taplin, personally appeared Frank M. Covington,
known to me to be the Director, Water Division of the
U.S. Environmental Protection Agency, Region IX, and known
to me to be the person who executed the within instrument
on behalf of said agency and acknowledged to me that such
agency executed the same.
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OFFICIAL SE L
tAEUNDA TAPLIN
NOTART PUBLIC CALIFORNIA
P*INCAPAL OFFICE Ih
SAN FRANCISCO COUNTY
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