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understandings or covenants shall be admissible in any proceeding of any kind or nature to <br />interpret or determine the terms or conditions of this Agreement. <br />9.2 Amendment. Any alteration, change or modification of or to this Agreement, in <br />order to become effective, shall be made in writing and in each instance approved by the City <br />Council and signed on behalf of each party. Any requested alteration, change or modification of <br />the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as <br />applicable, for the City's review of the request. Each alteration, change, or modification to this <br />Agreement shall be recorded against the Site in the Official Records of Orange County, California. <br />9.3 Notices. <br />9.3.1 Deliverv. As used in this Agreement, "notice" includes, but is not limited <br />to, the communication of notice, request, demand, approval, statement, report, acceptance, <br />consent, waiver, appointment or other communication required or permitted hereunder. All notices <br />shall be in writing and shall be considered given either: (i) when delivered in person to the <br />recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in <br />the United States mail in a sealed envelope as either registered or certified mail with return receipt <br />requested, and postage and postal charges prepaid, and addressed to the recipient named below; or <br />(iii) two (2) days after.deposit in the United States mail in a sealed envelope, first class mail and <br />postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with <br />a known and reliable next -day document delivery service (such as Federal Express), charges <br />prepaid and delivery scheduled next -day to the recipient named below, provided that the sending <br />party receives a confirmation of delivery from the delivery service provider; or (v) the first <br />business day following the date of transmittal of any facsimile, provided confirmation of <br />successful transmittal is retained by the sending Party. All notices shall be addressed as follows: <br />If to City: City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Housing Manager <br />With a copy to: Office of the City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br />If to Developer: Santa Ana Senior Associates, a California Limited Partnership <br />430 E. State Street, Suite 100 <br />Eagle, Idaho 83616 <br />9.3.2 Change of Address. Either Party may, by notice given at any time, require <br />subsequent notices to be given to another person or entity, whether a party or an officer or <br />17 <br />60A-23 <br />