X:\Agreements\Planning\2023\Legislative Action Agreement - Baxter Ranches.docx
1 RECORDING REQUESTED BY:
City of Merced, A California charter
municipal corporation
WHEN RECORDED MAIL TO:
City of Merced
City Clerk
678 West 18
th Street
Merced, California 95340
Exempt from Recording Fees Per
Government Code Section 6103
(Above for Recorder’s Use Only)
LEGISLATIVE ACTION AGREEMENT
THIS AGREEMENT is made and entered into as of this _____ day of _________ 20__ by and between the City of Merced, a California Charter Law Municipal Corporation (“City”) and Baxter Ranches, LLC, a California Limited Liability Company (“Owner”).
W I T N E S S E T H
WHEREAS, Owner has applied to the City for a General Plan Amendment and Site Utilization Plan Revision (the “Entitlements”) for approximately 52.4 acres of land generally bounded by Bellevue Road to the north, Catherine A. Hostetler Blvd. (extended) to the south and west, and M Street to the east, and as more particularly described on Exhibit “A,” and as identified as Numbers 16, 17, a portion of 18, 19, 20, and 21 on the Map at Exhibit “B,” attached hereto and incorporated herein by this reference; and
WHEREAS, the General Plan Amendment and Site Utilization Plan Revision covers a total of 156 acres of land within the Bellevue Ranch Master Development Plan and the Owners approximately 52.4 acres is a portion of the overall General Plan Amendment and Site Utilization Plan Revision; and
WHEREAS, City is willing to consider Owner’s request provided that certain conditions are met.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto agree as follows:
1. Owner, for itself and all successors thereto, agrees to pay all City and school district fees, taxes, and/or assessments in effect on the date of subdivision and/or permit approval, any increase in those fees, taxes, and/or assessments, and any new fees, taxes, and/or assessments which are in effect at the time water/sewer connection and/or building or encroachment permits are issued, which may include public facility impact fees, other impact ATTACHMENT 21
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2 fees as applicable, and any Mello-Roos taxes—whether for infrastructure, services, or any other activity or project authorized by the Mello-Roos law, etc., (and to comply with the additional conditions set forth in Exhibit “C,” (Planning Commission Resolution #4125-Amended), attached hereto and incorporated herein by this reference). Payment shall be made at the time of building permit issuance unless an Ordinance or other requirement of the City mandates or permits payment of such fees, taxes, and/or assessments at an earlier or subsequent time.
2. Owner desires to comply with the conditions of approval set forth on Exhibit “C,” and within this Agreement and acknowledges that the conditions are necessary to mitigate the environmental impact caused by Owner’s development or are necessary to offset the costs to the City generated by Owner’s development including sewer connection costs pursuant to Chapter
15.16 of the Merced Municipal Code.
3. Owner agrees to pay all sewer connection costs imposed by the City as delineated in Section 15.16.070 of the Merced Municipal Code and to pay all other costs required by Chapter 15.16 of the Merced Municipal Code.
4. The Owner shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein.
Furthermore, Owner shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against another governmental entity in which Owner’s project is subject to that other governmental entity’s approval and a condition of such approval is that the City indemnify and defend such governmental entity. City shall promptly notify the Owner of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the Owner shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents.
5. City, on its part, agrees to amend the Site Utilization Plan for Planned Development (P-D) #42 as shown on the map at Exhibit “B” and the table at Exhibit “D,” attached hereto and incorporated herein by this reference, and change the General Plan (City approval) in accordance with the same.
6. No building permit or other permit shall be issued that is not in compliance with this Agreement.
7. It is expressly agreed that this Agreement is not intended to limit the power of the City to impose other requirements, limitations, or fees, etc., as a condition of development, and does not relieve the Owner from complying with all other requirements that may be imposed as a condition of development, whether now in existence or hereinafter imposed by the City whether by zone change, subdivision map approval, ordinance, resolution, use permit, or otherwise. The
X:\Agreements\Planning\2023\Legislative Action Agreement - Baxter Ranches.docx
3 parties agree that this Paragraph does not apply to the approval of a final map and issuance of building permits for project(s) subject to this Agreement on the property described in Exhibit “A.”
8. To the extent allowed by law, the conditions of this Agreement constitute covenants running with the land, and shall be enforceable by the City or by any present or future owner of any of the land described in Exhibit “A.”
9. Owner agrees to comply with and abide by all conditions set forth by the City relating to the development of the property subject to this Agreement, including installation of all required pubic improvements.
10. In the event of default by Owner, and in addition to any other remedy available to the City, the City shall have the right to rezone the land back to its original designation and/or to de-annex the land as appropriate.
11. In the event that either City or the Owner shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
12. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
13. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
14. This Agreement constitutes the entire understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Law Municipal Corporation
BY: _________________________________
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY: _____________________________
Assistant/Deputy City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Bellevue Ranch West
Village18 B, 19-A and 19-B, 22-A and 22-B as shown on that certain map entitled “Bellevue Ranch West, Villages 17-22,” recorded in Volume 81, Page 1 of Merced County Records and
R Street Parcel
The southerly 5.81 acres, east of R Street of Parcel 2 as described in that Grant Deed recorded as Document No. 2004-047184 on July 20, 2004, of Merced County Records
Also, known as Assessor’s Parcel Numbers: 224-300-005; -007; -008; -012;-013; and 230-010-012
EXHIBIT A
EXHIBIT B