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RECORDING REQUESTED BY:
City of Merced, A California charter
municipal corporation
WHEN RECORDED MAIL TO:
City of Merced
City Clerk
678 West 18th 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 2025 by and between the City of Merced, a California Charter Law Municipal Corporation ("City") and Yosemite 1380, LLC ("Owner").
WITNESSETH
WHEREAS, Owner has applied to the City for a General Plan Amendment and Site Utilization Plan Revision to a Planned Development (the "Entitlements") for approximate 8.05 acres of land at 1380 Yosemite Avenue and 3595 Parsons Avenue, generally located on the southwest corner of East Yosemite Avenue and Parsons Avenue as legally described on Exhibit "A" and shown on the map at Exhibit "B", attached hereto and incorporated herein by reference (the "Property"); 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 himself 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 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," (City Council Resolution #…), and Exhibit "D" (City Council Ordinance # , attached hereto and incorporated herein by this reference). Payment X: \Agreements\Planning|2025\Legislative Action Agreement - Yosemite 1380, LLC V2.docx 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 approve Site Utilization Plan Revision #3 to Planned Development #20 and change the General Plan (City approval) in accordance with Exhibit "B."
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 parties agree that this Paragraph does not apply to the approval of a final map and issuance of building permits for projects) subject to this Agreement on the property described in Exhibit "A."
X: \Agreements\Planning|2025\Legislative Action Agreement - Yosemite 1380, LLC V2.docx 2 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.
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 Municipal
Corporation
BY:
D. Scott McBride,
City Manager
X: Agreements\Planning|2025\Legislative Action Agreement - Yosemite 1380, LLC V2.docx 3 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
3x: Gain Cornell 11/10/202"
itv Attorne Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
X: \Agreements Planning\2025\Legislative Action Agreement - Yosemite 1380, LLC V2.docx 4 OWNER
Yosemite 1380, LLC
Eric Gonsalves
ADDRESS: 755 E. Yosemite Ave, Suite J
Merced, Ca 95340
TELEPHONE: 209-480-0585
FAX: _N/A
E-MAIL: [email protected]
X: \Agreements\Planning|2025\Legislative Action Agreement - Yosemite 1380, LLC V2.docx 5 Pase Number: 2025-672218
LEGAL DESCRIPTION
Real property in the City of Merced, County of Merced, State of California, described as follows:
PARCEL 2, AS SHOWN ON "PARCEL MAP FOR WAINWRIGHT TRUSTS", RECORDED JANUARY 26, 2001 IN VOLUME 87 OF PARCEL MAPS, PAGES 45 AND 46 AND BEING A DIVISION OF REMAINDERS A AND B AS SHOWN ON "OAKMONT VILLAGE UNIT NO. 5", RECORDED IN VOLUME 46 OF OFFICIAL PLATS AT PAGES 37 THROUGH 39, MERCED COUNTY RECORDS.
EXCEPTING THEREFROM,
BEING A PORTION OF PARCEL 2 AS SHOWN ON "PARCEL MAP FOR WAINWRIGHT TRUSTS", RECORDED IN VOLUME 87 OF PARCEL MAPS, AT PAGES 45 AND 46, MERCED COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE S. 00 DEG. 52'42" W. 10.00 FEET ALONG THE EAST LINE OF SAID PARCEL 2, THENCE S. 89 DEG. 56'07" W. 155.37 FEET, THENCE N. 77 DEG. 48'29" W. 47.11 FEET TO THE NORTH LINE OF SAID PARCEL 2, THENCE N. 89 DEG. 56'07" E. 201.56 FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING, AS GRANTED TO THE CITY OF MERCED, A MUNICIPAL CORPORATION BY DEED RECORDED AUGUST 22, 2001 IN VOLUME 4251 OFFICIAL RECORDS, PAGE 317, MERCED COUNTY.
APN: 006-050-068-000
EXHIBIT A
Dove Court voret Courtl Pointer, couri Swan Court South Gard White Dove Avenue
East Yosemite Avenue
General Plan Ammendment #24-02
Pebble Bear 'Place Pebble Be
from Commercial Office (CO) to
Business Park (BP),
Revision 83 to Planned
Development #20
General Plan Ammendment #24-02 from
Commercial Office (CO) to Low Medium
oga Court North Court
Density Residential (HMD), Revision #3
to Planned Development #20
Ahwahnee Drive e Court
Parsons Avenue Saint Andrews
Bob
nie Court Billie Court) Silhouette Court Carpenter
Park
enue
Donna Court Silvera
Avi