RESOLUTION NO. 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING THE NEGOTIATION, EXECUTION, AND DELIVERY OF THE HESPERIA GOLF COURSE CART LEASE NO. 004-0857935-100, BETWEEN THE CITY OF HESPERIA AND VGM FINANCIAL SERVICES WHEREAS, the City of Hesperia, (the "Lessee') is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering into lease-purchase agreements; and WHEREAS, the Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, VGM Financial Services, a division of The Huntington National Bank, (the "Lessor") shall act as Lessor under said Lease; and WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Director of Administrative Services of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee.
Section 2. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents, certificate and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease.
Section 3. The Lessee's obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of California.
Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved.
Section 5. This resolution shall take effect immediately upon its adoption and approval.
Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 1st day of March 2022.
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Brigit Bennington, Mayor
ATTEST:
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Erin Baum, Assistant City Clerk
CERTIFICATE OF INCUMBENCY
LEASE NO. 004-0857935-100
DATED AS OF MARCH 1, 2022
I, Melinda Sayre, do hereby certify that I am the duly elected or appointed and acting City Clerk/Secretary of the City of Hesperia (the "Lessee"), a political subdivision duly organized and existing under the laws of the State of California, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
NAME TITLE SIGNATURE
Casey Brooksher Director of Administrative Services IN WITNESS WHEREOF, I have duly executed this certificate this 1st day of March, 2022.
Signed:
Title:
NOTE: The City Clerk or Secretary of the Lessee should sign unless that person is also the signor of the documents in which case the President or some other Officer of the Lessee should execute this document.
Resolution No. 2022-15