RESOLUTION NO. 2022-27
A RESOLUTION OF THE HESPERIA CITY COUNCIL (CITY) OF THE CITY OF HESPERIA, CALIFORNIA (I) APPROVING A PURCHASE AND SALE AGREEMENT (PSA) BY AND BETWEEN THE CITY (SELLER) AND XMG HOLDINGS LLC (BUYER), A CALIFORNIA LIMITED LIABILITY COMPANY AND CSR 50, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (BUYER); (II) AUTHORIZING THE CITY MANAGER AND/OR DESIGNEE TO EXECUTE AND TRANSMIT ALL NECESSARY DOCUMENTS AND AMENDMENTS OF THE PSA AND ALL DOCUMENTS NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION; AND (III) MAKING THE APPROPRIATE FINDINGS HEREWITH WHEREAS, the City of Hesperia (City), is a municipal corporation duly organized under the laws and Constitution of the State of California; and WHEREAS, the Hesperia Community Redevelopment Agency (HCRA) was a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000, et seq.) responsible for the administration of redevelopment activities within the City of Hesperia until its dissolution on February 1, 2012; and WHEREAS, on July 13, 2007 the 63.15 acres, parcel number 3039-441-20 was purchased by the City with the use of Development Impact Fees for $8,902,625; and WHEREAS, 10.58 acres of the parcel (3039-441-20) was used to accommodate the realignment of Caliente Road and the addition of the Ranchero interchange leaving a reminder of 52.57 acres; and WHEREAS, the City offered the parcel (3039-441-20) to specified public entities pursuant to Government Code section 54222; and WHEREAS, the City Council declared the parcel (3039-441-20) as surplus property on December 7, 2021 and declared the council’s decision to sell the property; and WHEREAS, the City provided a written notice of intent to dispose of surplus property to local government agencies on December 15, 2021; and WHEREAS, on March 10, 2022 the Department of Housing and Community Development determined that the City has met all requirements under the SLA for the purposes of disposing surplus land and are permitted to sell the parcel (3039-441-20); and WHEREAS, XMG Holdings LLC, a California limited liability company and CSR 50, LLC, a California limited liability company (Buyer) has expressed interest in purchasing the property to develop a recreational vehicle (“RV”) center, and the City desires to sell Property to the Buyer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The facts set forth above in this Resolution are true and correct.
Section 2. The City hereby approves the Purchase and Sale Agreement (PSA) for sale of Property to XMG Holdings LLC, a California limited liability company and CSR 50, LLC, a California limited liability company and hereby authorizes the City Manager and/or designee, to execute PSA on behalf of the City.
Section 3. The City Manager and/or designee, is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution and the PSA approved hereby to carry out the PSA and any subsequent amendments thereto on behalf of the City.
Section 4. If any section, sentence, clause or phrase of this resolution is determined to be invalid, void or unconstitutional by a decision or order of a court of competent jurisdiction, then such decision or order shall not affect the validity or enforceability of the remaining portions of this resolution, and the City hereby declares that it would have passed the remainder of this resolution if such invalid portion thereof had been declared invalid or unconstitutional.
Section 5. This Resolution shall go into effect immediately upon its adoption.
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 19th day of April, 2022 by the following vote:
Brigit Bennington, Mayor
ATTEST:
Erin Baum, Assistant City Clerk
Resolution No. 2022-27
PSA with XMG Holdings LLC & CSR 50 LLC
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