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HomeMy WebLinkAboutReso 2023-056 DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D RESOLUTION NO. 2023-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EXECUTION AND DELIVERY OF A LEASE AGREEMENT AND APPROVING RELATED DOCUMENTS AND ACTIONS WHEREAS, the City of Chula Vista (the "City") desires to lease new golf carts and is proceeding to finance the lease of said golf carts and related items (the "Property") as referenced in the Lease Agreement(defined below); and WHEREAS, in order to obtain the Property, the City has proposed to lease the Property from The Huntington National Bank (the "Lessor") pursuant to the terms of a Lease Agreement (the "Lease Agreement"), by and between the City, as lessee, and the Lessor; and WHEREAS, the City is authorized to enter into lease agreements for equipment pursuant to Sections 37350 and 37351 of the California Government Code; and WHEREAS, the City Council of the City (the "City Council") wishes at this time to authorize and approve all proceedings for the leasing of the Property, the Lease Agreement, and all related documents and actions in furtherance of the public purposes of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Authorized Officers. The City Manager,Assistant City Manager, the Mayor, or either of their designee(each, an"Authorized Officer")are hereby each, acting alone,authorized and directed to execute and deliver the Lease Agreement and all related documents on behalf of the City(subject to making such changes to the Lease Agreement or any related documents as they deem necessary or appropriate). The Authorized Officers are further authorized and directed to consummate the transaction described herein, execute any documents or supplementary agreements necessary to secure possession and use of the Property, and to approve any amendments necessary to carry out the provisions of this authorizing Resolution. SECTION 3. Approval of Lease Agreement and Documents. The City Council hereby approves the leasing plan outlined herein. To that end, the City Council hereby approves each of the lease documents in substantially the respective forms as presented to the City Council at this meeting, together with any changes therein or additions thereto deemed advisable by an Authorized Officer, whose execution thereof shall be conclusive evidence of such approval. The Lease Agreement, by and between the City, as lessee, and the Lessor, whereby the City leases the Property under the terms thereof, and whereby the Lessor agrees to lease the Property to the City in consideration of the payment by the City of the rental payments provided thereunder; provided that (i) the total lease amount under the Lease Agreement shall not exceed $600,000, and (ii) the term of the Lease Agreement shall not exceed 6 years. DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D Resolution No. 2023-056 Page No. 2 An Authorized Officer is authorized and directed for and in the name and on behalf of the City to execute and attest the final form of the Lease Agreement and all related documents. The documents are hereby approved, subject to the adjustment by an Authorized Officer but not excess of the above limitations as to the lease term and total amount for the lease of the Property. SECTION 4. Official Actions. The Authorized Officers are each authorized and directed in the name and on behalf of the City to make, execute, and deliver any and all assignments, certificates, requisitions, agreements, notices, consents, leases, designations relating to bank qualification under Section 265(b)(3)(B) of the Internal Revenue Code of 1986, escrow agreements, and other instruments of conveyance,warrants, and other documents (which may also be subject to approval as to form by the City Attorney), which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. SECTION 5. Effective Date. This Resolution shall take effect from and immediately after the date of its passage and adoption. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D Resolution No. 2023-056 Page No. 3 Presented by Approved as to form DocuSigned by: DocuSigned by: VtG r,V6&tft �'*a 9.S. 2FC559998BD74C4... By: EFB949DC9B5747E... Eric C. Crockett Jill D.S. Maland Deputy City Manager/Director of Economic Lounsbery Ferguson Altona&Peak Development Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of May 2023 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None DocuSigned by: 7804EC23B90B473... John McCann, Mayor ATTEST: DocuSigned by: 4 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2023-056 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of May 2023. Executed this 16th day of May 2023. EDocuSigned by: 1-,3074D104EAF342E Kerry K. Bigelow, MMC, City Clerk