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HomeMy WebLinkAboutOrdinance 440 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 440, adopted by the Atascadero City Council at a regular meeting thereof held on March 23, 2004, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 440 AN ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING A DEVELOPMENT AGREEMENT 2004-0001 OR A SUBSTANTIALLY SIMILAR AGREEMENT (Development Agreement #2004-0001 / Gearhart, Molina) WHEREAS, the Atascadero City Council has previously approved a process for the evaluation and potential approval of development agreements; and WHEREAS, the applicant for the above referenced development agreement has followed the established procedures; and, WHEREAS, Planning Commission has reviewed the entire project and resolved to recommend approval to the City Council of the City of Atascadero; and, WHEREAS, in order for the project to proceed, a development agreement must be adopted by ordinance; and, WHEREAS, a development agreement in substantially the same format as reviewed by the City Council will ensure that the project proceeds in accordance with all laws of the State of California and all ordinances of the City of Atascadero, and provide certainty for the applicant in proceeding with the project; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact an ordinance to approve a development agreement in this case; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said development agreement; and, NOW, THEREFORE, the City Council hereby resolves to take the following actions: SECTION 1. Findings for Approval of the Development Agreement. The City Council finds as follows: 1. The proposed development agreement is in the public interest. 2. The proposed development agreement is in conformance with the adopted General Plan Goals,-Policies,_and Programs_and__the overall__intent of-the General Plan. City of Atascadero Ordinance No.440 Page 2 of 2 3. The proposed development agreement is compatible with existing development, neighborhoods and the environment. 4. The proposed development agreement will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 9, 2004, hereby resolves to introduce for first reading an ordinance that would approve a development agreement for the Pine Mountain Transfer of Development Credit program and related developments: 1. Exhibit A: Development Agreement 2004-0001 SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: March 23, 2004 CITYATASCAD By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Cl k AP OVED AST FO Roy anley, diiy Att ey AGREEMENT BY AND BEWTEEN THE CITY OF ATASCADERO AND GEORGE MOLINA RELATING TO TWENTY-EIGHT ACRES ON PINE MOUNTAIN AND THREE PROPOSED DEVELOPMENT SITES, NAMELY COROMAR, FERROCARIL AND COLIMA This Agreement, ("Agreement") is entered into on the day of , 2004, by and between the City of Atascadero, ("City") a municipal corporation, and George Molina, ("Molina") an individual, pursuant to Section 65864 et seq. of the Government Code of the State of California. Molina and City are, from time to time, hereinafter referred to individually as a party and collectively as the parties. This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties. RECITALS (a) In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Statutes (Section 65864, et seq.' of the Government Code). (b) The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law, can assure property developers they may proceed with projects assured that approvals granted by public agencies will not change during the period of development of their projects. Cities and counties are equally assured that costly infrastructure such as roads, sewers, schools, fire protection facilities, etc. will be available at the time development projects come on line. , (c) The subject of this Agreement is that certain parcel of land commonly known as Pine Mountain, A.P.N. 028-231-003 and other parcels of land located on Ferrocaril Road known as the De Anza Estates, Coromar Avenue and Colima in the City of Atascadero. The parcels of real property are more particularly described herein on Exhibit "A, which exhibit is included by this reference as though fully set forth at this point. (d) As further described below, Molina and City ultimately seek to secure through various planning mechanisms and perhaps a subsequent Development Agreement, an enforceable arrangement by which Molina shall be allowed to develop on the Coromar property, Ferrocaril Road-Deanza property and on the Colima property. In exchange for such allowance to Molina, Molina shall deed the Pine Mountain property to the City free and clear of all liens and encumbrances. The means of attaining the aforementioned objectives and the t public benefit to be received as a result of development of the Project through this Agreement shall provide for: (1) A mix of single-family residential opportunities; (2) Additional recreational opportunities, with the acquisition of the Pine Mountain property as public property; (3) A solid residential base to support the financing mechanisms that will be needed to implement the Capital Facilities Plan. (e) Molina has, or will apply to the City for all environmental and land use approvals, permits and other entitlements relating to the development of the project on the various properties. These actions are collectively referred to in this Agreement as project approvals and include the following: (1) CEQA Compliance. The project and the project approvals will be the subject of environmental review required for CEQA compliance. The information contained in the initial study prepared for the proposed mitigated negative declaration 2003-0699, shall be considered by the Planning Commission and the City Council as part of its consideration of any of the project approvals. (2) Zoning/General Plan Amendment. Land use designations consistent with the General Plan or any General Plan amendment shall be adopted concurrently with any project approval. (3) Project Approvals. The project approvals will include a Master Plan of Development [CUP 2003-01201] based on findings and subject to conditions of approval and mitigation monitoring for Coromar Avenue, a vesting Tentative Trade Map 2003-0042, based on findings and subject to conditions of approval and mitigation monitoring for Colima Road, and a Master Plan of Development Amendment [CUP 2002-0067] based on findings and subject to conditions of approval and mitigation monitoring together with a vesting Tentative Tract Map 2003-0045, based on findings and subject to conditions of approval and mitigation monitoring for Ferrocaril Road-De Anza Estates. (4) Project Description. A development agreement for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along a Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions for each site: Coromar Avenue: Planned Development Overlay, Conditional Use Permit, and Tentative Tract Map. Maximum project entitlement 16 single-family units/lots. In addition, a zone change for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement. Colima Road: Tentative Tract Map. Maximum project entitlement five (5) lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. Ferrocaril Road — De Anza Estates: Planned Development Overlay Amendment, Conditional Use Permit Amendment, and Tentative Tract Map. Maximum project entitlement: twenty (20) units, five (5) additional units, all of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist. Pine Mountain: No additional applications. Maximum project entitlement: zero (0) units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through the development agreement. (5) In addition to the project approvals Molina may later make application for other land use approvals, actions, agreements, permits or other entitlements necessary or desirable to the development of the project or subsequent approvals. This includes, without limitation, subsequent subdivision maps, site plan approvals, development plan approvals, use and grading permits, lot line adjustments, sewer connections, design review, building permits and certificates of occupancy. Conditions of approval to such subsequent approval shall also be considered included in any reference to subsequent approvals or project approvals. (f) On the City Planning commission considered this Agreement. On ,2004, the City Council, following a duly noticed and conducted public hearing, introduced Ordinance Nmlating to the approval of this Agreement. On I , 2004, the City adopted Ordinance No. thereby approving this Agreement on behalf of the City. Ordinance No. _ is attached to this Agreement as Exhibit "B." (g) As used in this Agreement, the phrase "rights and obligations" means the entirety of the provisions of this Agreement (all the benefits, burdens and other provisions). Further, the phrase "rights and obligations" is comprised of the terms "rights" which is used in this Agreement to mean all of the rights and other benefits of the Agreement, and the term "obligations" which is used in this Agreement to mean all of the duties, obligations and responsibilities and other burdens of this Agreement. (f) Development of the projects in accordance with this Agreement and any subsequent development agreement will provide for orderly growth consistent with the goals, policies, and other provisions of the City's General Plan and, in particular, the goal of the General Plan providing for the City to seek out opportunities to obtain open space and recreational property. NOW THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the parties agree as follows: AGREEMENT ARTICLE 1. GENERAL PROVISIONS. Section 1.01. Incorporation of Recitals. The preamble, the recitals and all defined terms set forth in both are hereby incorporated into this Agreement as though set forth herein in full. Section 1.02. Covenants. The provisions of this Agreement shall constitute covenants and/or servitudes which shall run with the land comprising the project sites and the Pine Mountain site, all described in Exhibit "A." Section 1.03. Effective Date. This Agreement shall become effective upon the effective date of Ordinance No. approving this Agreement, or the date upon which this Agreement is executed by Molina and by the City, whichever is later. Section 1.03. Term. (a) The "term" shall commence upon the effective date and shall continue until the first to occur of the following: 4 (1) The fifth anniversary of the effective date; or (2) The date that all project approvals have been made and become effective and are not undone by a referendum or not challenged within the applicable statutes of limitations. (b) In addition to the term described in the subdivision (a) above, the term shall be for: (1) Any period or periods of time up to a maximum of seven (7) years from the effective date in which this Agreement or any of the project approvals is the subject of litigation in a California court of competent jurisdiction initiated by a party other than Molina or City or their respective assigns, transferees or successors in interest; and (2) Any period of time up to a maximum of seven (7) years from the effective date from in which this Agreement or project approvals are suspended pending the legal outcome of an electoral vote on a referendum. (c) Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect. ' ARTICLE 2. APPLICABLE LAW AND PROCESSING. Section 2.01. Right to Applicable Law. During the term of this Agreement and any and all project approvals (e.g. General Plan Amendments, zoning, plot plan, precise plan, or other project approvals) shall be processed, considered, reviewed, acted upon by City pursuant only to this Agreement and the applicable law it describes. Section 2.02. Applicable Law. The applicable law shall mean all of the following: (a) Except as set forth in this Agreement, City and Molina understand that the rules, regulations, and official policies governing permitted land uses and density, except for the type and amount of fees, as well as criteria for design, public and private improvements, and construction standards and specifications applicable to development of the Property shall be those in force at the time of execution of this Agreement. The type and amount of fees shall be those fees and amounts in effect at the time for payment of such fees. (b) The City shall have the right to require compliance with revised uniform building codes, and this Agreement is not intended to affect the City's ability to impose or change development fees. Notwithstanding the above, Molina acknowledges that in the event City 5 establishes an assessment district or districts, including the Property, for any purpose, Molina shall be assessed and shall pay the assessments as any other property owner in such district or districts. (c) City shall also have the right to impose reasonable conditions in connection with the Map and subsequent discretionary permit actions not inconsistent with this Agreement, but such conditions and actions shall not conflict with the approval of the project as approved and contemplated herein. ARTICLE 3. EFFECT OF AGREEMENT Section 3.01. The provisions of this Agreement shall prevail over any conditions imposed by the City that are directly in conflict (as opposed to being in addition to) provisions of this Agreement, except those that the City deems appropriate due to the detection of an uninspected or unforeseen problem or circumstance which may arise from the construction or development of the project described herein and which pose a threat to the public health or safety. Section 3.02. City and Molina acknowledge that this Agreement is entered into with the express understanding that this Agreement, pursuant to its terms, gives Molina vested rights as to the execution of this Agreement to subdivide and construct in accordance with this Agreement. Accordingly, this Agreement will not be altered or changed, nor can any of Molina's rights be delayed, compromised or altered without Molina's express written consent, by any ordinance adopted by the City Council, specifically including, but not limited to, to any growth control or moratorium measure, except solely for those limited provisions specifically provided for in Government Code §65864, et seq. Accordingly, City shall process and issue all approvals and permits specifically including, but not limited to, any final map approval, building permits and certificates of occupancy related to the projects subject to Molina's compliance will all conditions of this Agreement, the payment of all applicable fees at the rates enforced at the time of the payment of such fees, and with such other reasonable conditions imposed by City. This Agreement does not give Molina any right to build without compliance with all City requirements, regulations, and codes. Section 3.03. City and Molina further acknowledge that Molina would not have agreed to the provisions of this Agreement, or entered into this Agreement, without the commitment, agreement and assurance of City that Molina will have, and hereby has, the vested right to develop the project in accordance with the provisions of this Agreement. Section 3.04. Notwithstanding the foregoing, Molina agrees that the division of the properties, and the construction of the properties, are subject to the following: Section 3.05. It is agreed among the parties that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions. Section 3.06. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of Molina contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential unit or non-residential building which has been approved by the City for occupancy, the automatic termination provisions of Section 5.1 hereof shall apply thereto and the rights and obligations of Molina hereunder shall not run with respect to such portion of the Subject Property sold, assigned or transferred and shall not be binding upon such purchaser, assignee or transferee. Section 3.07. Molina agrees to reimburse City for actual expenses incurred over and above fees paid by Molina as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultants costs not otherwise included within application fees. This development agreement shall not take effect until the fees provided for in this section, as well as any other processing fees owed by the applicant to the City. Upon payment of the payment of all expenses, Molina may request, and Molina shall issue, written acknowledgement of payment of all fees. Such reimbursement shall be paid within thirty (30) days of presentation from the City of Atascadero to Molina of a written statement of charges. The maximum amount of such fees shall be those allowed pursuant to Government Code §66000 et seq. Section 3.08. The City Clerk of City shall, within ten (10) days after the effective date of this Agreement, record a memorandum of the Agreement in a form acceptable to the City Attorney with the County Recorder, County of San Luis Obispo. 7 Section 3.09. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement or any provision herein, the parties and any Landowner agree to cooperate with each other in good faith to defend said lawsuit, each party and any Landowners to be liable for its own legal expenses and costs. Notwithstanding the foregoing, City may elect to tender the defense of any lawsuit filed by a third person or entity to Molina and/or Landowner(s) (to the extent applicable thereto), and, in such event, Molina and/or such Landowner(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys' fees and expenses of litigation awarded to the prevailing party or parties in such litigation. Molina and/or Landowner shall not settle any lawsuit on grounds which include, but are not limited to non-monetary relief without the consent of the City. The City shall act in good faith, and shall not unreasonably withhold consent to settle. Section 3.10. The permitted uses, the density of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards, implementation program for processing of subsequent entitlements and other conditions of development for the Subject Property shall be those set forth in this Agreement and all the exhibits incorporated herein. In the event of any conflict between this Agreement, including the Specific Plan and Design Guidelines, and any other Existing Land Use Regulations, the terms and provisions of this Agreement shall prevail. The parties hereto intend hereby that this Agreement, together with the Specific Plan and all other exhibits attached hereto, serve as the definitive and controlling document for all subsequent actions, discretionary or ministerial, relating to the development of the Project and that only in the rare instances, if any, that a development issue is not expressly or impliedly addressed hereby shall any other Existing Land Use Regulations be applied in the decision thereon. Section 3.11. Molina acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, finalization of the financing actions necessary to implement the monitoring and individual phases of the project as it builds out. Nothing in this Article shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of City and any of its officers or officials in complying with or applying Existing Land Use Regulations. R Section 3.12. Application fees, processing fees, and inspection fees that are revised during the term of this Agreement shall apply to the development pursuant to this Agreement provided that (a) such revised fees apply generally to similar private projects or works within City, (b) the application of such fees to development of the Subject Property is prospective only, unless otherwise agreed to, and (c) the application to development of the Subject Property would not require an amendment of any of the exhibits incorporated herein. Section 3.13. Land use fees adopted as of the Effective Date, may be increased and shall be applicable to development pursuant to this Agreement provided that (a) such revised fees apply generally to similar private projects or works within City, and (b) the application to development of the Subject Property would not require an amendment of any of the exhibits incorporated herein. Section 3.14. Except as expressly provided in Sections 2.3, 2.5, 2.6, 2.8 and 2.9, Molina and Landowner, or their successors in interest, shall have no obligation to participate in, pay, contribute, or otherwise provide as a condition or exaction of any subsequent approval by City, any new development or impact fees, however described or defined, imposed by City after the Effective Date. This provision will not preclude authorized and reasonable increases in development or impact fees in existence on the Effective Date of this Agreement. Section 3.15. The holder of any mortgage, deed of trust or other security arrangement with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction for completion, but shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement. 9 Section 3.16. City shall, at lease every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Molina and Landowner with the terms of this Agreement. The City may charge fees as necessary to cover the costs of conducting the annual review,. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1. Said review shall be diligently completed. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. A finding by City of good faith compliance by Molina and Landowner with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. The City shall deposit in the mail or fax to Molina and/or Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) calendar days prior to such periodic review. Molina or Landowner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council and, if the matter is referred to a City Planning Commission, before said Commission. ARTICLE 4. MISCELLANEOUS PROVISIONS Section 4.01. In the event of changes in State or Federal laws or regulations, acts of God, or other circumstances which substantially interfere with carrying out the project as planned or with the ability of either party to perform its obligations under this Agreement, City and Molina agree to bargain in good faith to modify such obligations to allow the project to proceed as planned to the extent practicable. Section 4.02. Upon the occurrence of a default of either party, the party not in default shall give the party in default written Notice of Default. The defaulting party shall have thirty (30) calendar days from the date of Notice of Default to cure the default if such default is curable within such thirty (30) days. If such default is so cured, then the parties need not take any further action except that the defaulting party may require the non-defaulting party to give written notice that the default has been adequately cured. Should the default not be cured within thirty (30) calendar days from the date of notice, or should the default be of a nature which cannot be reasonably cured within such thirty (30) day period and the defaulting party has failed to commence within the thirty (30) day period and thereafter diligently prosecute the cure, the non- defaulting party may then take any legal or equitable action to enforce its rights under this Agreement. in Section 4.03. Notices. All notices required under this Agreement shall be in writing and delivered in hand or by certified mail, postage prepaid to: Molina: George Molina City: City of Atascadero Attn: 6500 Palma Avenue Atascadero, CA 93422 Either party may change its address by written notice to the other. Notice shall be effective on date delivered in hand or on the date when the postal service certifies that the mailing was delivered by certified mail receipt. Section 4.04. Assignment. The addition of a new partner or financing entity to Molina or the hypothecation by Molina of the Property for financing purposes shall not constitute any breach or be considered to be a transfer of this Agreement. Molina shall have the right to assign and transfer the rights contained herein by.an appropriate assignment document so long as the assignment also contains an assumption by the transferee or assignee of all of the obligations applicable to Molina provided for herein. Prior to recordation of any Covenants, Conditions, and Restrictions as approved by the City Attorney, City shall have the right to approve any successor to Molina, which approval shall not be withheld unless City Council finds that the successor is unable or unwilling to comply with the terms of the Agreement. Upon such transfer, assignment and assumption, Molina shall be released from further obligation hereunder. Section 4.05. Molina's Rights and Remedies. (a) Molina may enforce this Agreement by obtaining specific performance and interim mandatory injunctive relief, specifically including, but not limited to, the issuance of building permits and certificates of occupancy. Molina shall also be entitled to all other rights and remedies as may arise by law. Such rights and remedies shall be cumulative. (b) Nothing contained herein shall limit or interfere with liens of mortgage holders having a mortgage made in good faith or value on any portion of the Property. A mortgage holder includes the beneficiary under a deed of trust and mortgage includes a deed of trust. tt Section 4.06. Governing Law. City and Molina agree that the construction and interpretation of this Agreement and the rights and duties of City and Molina hereunder shall be governed by the laws of the State of California. Section 4.07. Compliance with LawsExcept as set forth herein, Molina agrees to comply with all federal, State, and local laws, rules, and regulations, now or hereafter in force, pertaining to this Agreement. Section 4.08. Severability. City and Molina agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. Section 4.09. Waiver. City and Molina agree that no waiver of a breach of any provision of this Agreement by either Molina or City shall constitute a waiver or any other breach of the same provision or any other provision of this Agreement. Failure of either City or Molina to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver of such provision or breach. Section 4.10. Costs of Enforcement. Molina and City agree to pay all reasonable costs, attorneys' fees (including the reasonable value of the services rendered by the City Attorney's Department) and expenses, including investigation fees, and expert witness fees, to the prevailing party in any dispute involving the terms and conditions of this Agreement. Section 4.11. Time. Molina and City agree that time is of the essence in regard to performance of any of the terms or conditions of this Agreement. Section 4.12. Paragraph Headings. City and Molina agree that paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement. Section 4.13. Venue. City and Molina agree that venue shall be in San Luis Obispo County for any action filed in State court or for any arbitration. Venue for any action filed in Federal court shall be in the United States District Court for the Central District for California. Section 4.14. Entire Agreement. City and Molina agree that this Agreement constitutes the entire Agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. City and Molina agree that the terms and conditions of the Agreement may be reviewed or modified at any time. Any modifications to this Agreement, however, shall be effective only when agreed to in writing by both City and Molina. CITY OF ATASCADERO BY: GEORGE LUNA, MAYOR BY: GEORGE MOLINA ATTEST: BY: MARCIA TORGERSON, CITY CLERK APPROVED AS TO FORM: BY: ROY A. HANLEY, CITY ATTORNEY EXHIBIT A LOCATION: Pine Mountain (A.P.N. 028-231-003), 8825, 8955 Coromar Avenue (A.P.N. 056-111-027, 056-111-023), 3680, 3700 Colima (Tentative Tract Map 2557), Ferrocaril Road-De Anza Estates (049-011- 004), Atascadero, (SLO County) 14