RESOLUTION NO. 2024-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA (CITY): (I) APPROVING A PURCHASE AND SALE AGREEMENT (PSA) BY AND BETWEEN DESERT WIND LLC (SELLER) AND THE CITY OF HESPERIA (Buyer); (II) AUTHORIZING THE CITY MANAGER TO EXECUTE THE PSA AND ALL DOCUMENTS NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION; AND (III) MAKING THE APPROPRIATE FINDINGS HEREWITH WHEREAS, Desert Wind LLC (Seller) owns certain real property on the Northeast side of Main Street, identified as Assessor’s Parcel Number 0405-272-09 (Property); and WHEREAS, The City, through a broker, has contacted the Seller expressing interest in purchasing the Property; and WHEREAS, the Property may be utilized to the benefit of the A-04 drainage project; and WHEREAS, the City has tendered an offer to purchase the Property from the Seller at Broker Opinion of Value (BOV) with staff review.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The facts set forth above in this Resolution are true and correct.
Section 2. The Purchase and Sale Agreement (PSA) for purchase of the Property is hereby approved and the City Manager, or her designee, is authorized to execute the PSA on behalf of the City.
Section 3. The City Manager is hereby authorized to sign all documents necessary and appropriate to carry out the PSA and implement this Resolution, including making minor, non-material amendments to the PSA and/or related documents.
Section 4. The City Manager, or her 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 5. 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 6. This Resolution shall go into effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the passage and adoption hereof and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 21st day of May 2024.
Larry Bird, Mayor
ATTEST:
Erin Baum, Assistant City Clerk
01071.0023/290973.2
Resolution City Council No. 2024-017
Real Property Purchase & Sale Agreement – APN 0405-272-09