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HomeMy WebLinkAbout24661RESOLUTION NO. 24661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY OF LEASE NUMBER 008-0185560- 101, DATED AUGUST 27, 2019, BETWEEN THE CITY OF PALM SPRINGS, AND TCF NATIONAL BANK; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Palm Springs, a California charter city and municipal corporation, (the "Lessee") is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, 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, 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, TCF 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 that the City Council of the City of Palm Springs hereby declares the following: SECTION 1. The Lease, in substantially the form as presently before the City Council of the City of Palm Springs, is hereby approved, and the City Manager, the City Clerk, and the Director of Finance, (each an "Authorized Representative") of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the same form as presently before the City Council, with such changes therein as shall be approved by such Authorized Representative, and which Lease will be available for public inspection at the offices of Lessee. SECTION 2. The Lease 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, certificates, 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. Resolution No. 24661 Page 2 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. ADOPTED THIS 23RD DAY OF OCTOBER, 2019. ATTEST: Anthony J.)Msii City Cler David H. Ready, Esq., P . City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24661 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 23, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of 1 201 `l . c Anthony J. ej a, M City Clerk