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11 W-4*"t.-r4PIL1�4 041'e-1 IN 00 0 10914 1 WOW grazlemin <br />Re: Property Schedule No.1 dated aoofJune 7.2O17tothe Master Tax -Exempt Lease/Purchase Agreement dated <br />June 7, 2017 between U.S. Bank Equipment Finance, a division of U.S. Bonk National Association and City of <br />San Marcos. <br />The underoigned, being the duly elected, qualified and acting City Manager <br />(Title ufPerson toExecute Lease/Purchase Agreement) <br />of the City of San Marcos ("Lessee") does hereby certify, as of June 7, 2017, as follows: <br />1. Lessee did, at a meeting of the governing body of the Lessee, by resolution or ordinance duly enacted, in <br />accordance with all requirements of |avv, approve and authorize the execution and delivery of the above -referenced <br />Property Schedule (the "Property Schedule") and the Master Tex -Exempt Lease/Purchase Agreement (the "Master <br />Agreement'')bythe undersigned. <br />2. The meeting(s)of the governingbody of the Lessee at which the Master Agreement and the Property <br />Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by <br />the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property <br />Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of <br />Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held <br />within the geographic boundaries of the Lessee-, (b) open to the public, allowing all people to attend; (c) conducted in <br />accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the <br />Lessee, if any, and the laws of the State. <br />3. No event or condition that conetitutaa, or with the giving of notice or the lapse oftime nr both would <br />constitute, onEvent of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at <br />the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. <br />4. The acquisition of all of the Property under the Property Schedule has been duly authorized by the <br />governing body of Lessee. <br />5. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds <br />for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the <br />Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended <br />for other purposes. <br />S. Aeofthe date hereof, no litigation is pending. (or, tumyknowledge, threatened) against Lessee in any <br />court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other <br />agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or <br />the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or <br />interest on, the Property Schedule; (o) questioning the constitutionality of any o(otute, or the validity of any pruoeedinga, <br />authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the <br />payment of or security for the Master Agreement and the Property Schedule. <br />IN WITNESS WHEREOF, the undersigned has executed this Certificate as of June 7, 2017. <br />City of San Marcos <br />By Sig toExeuuteLease/Purchase Agreement <br />Charles W. Daniels, Interim City Manager <br />Print Name and Title ofPerson boExecute Lease/Purchase Agreement <br />