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<br />
<br />Richard R. Miller, Jr., Ph.D.
<br />Land Use Manager ~ ' :
<br />Kaiser Permanente
<br />Facilities Services
<br />393 East Walnut Street
<br />Pasadena, California 91188
<br />telefacsimile (626) 685-3910
<br />
<br />and,
<br />
<br /> Stephen Doshay, Counsel
<br />· ... Kaiser P. ermanente
<br /> Legal Services Department
<br /> 393 East Walnut Street
<br /> Pasadena, California 91188
<br /> telefacsimile (626) 405-5221
<br />
<br /> A party may change its address by giving notice in writing to the other party.
<br />Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
<br />transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
<br />communication shall be effective or deemed to have been given three (3) days after it has been
<br />deposited in the United States mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
<br />other communication shall be effective or deemed to have been given twenty-four (24) hours after
<br />the time set forth on the transmission report issued by the transmitting facsimile machine,
<br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
<br />state, County, or city holidays shall be excluded.
<br />
<br />5. DEVELOPMENT OF THE PROPERTY.
<br />
<br /> 5.1 Rules, Regulations and Policies. The rules, regulations and official
<br />policies governing the permitted use(s) of the Property, with respect t.o and only with respec.t to
<br />the density and intensity of use of the Property, shhll be 'those rules,.regulati6ns; and policies.
<br />applicable to tl~e Pro~perty as of (a) the effective date ~{'~h]s Agreement, or (b) the time at which'
<br />Owner obtain~ a building permit for the Project or any unit or structure contained within the
<br />Project, whichever is later.
<br />
<br /> 5.2 Permitted Use, Density, and Intensity of Use; Rate and Amount of
<br />Growth. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of
<br />Camarillo (1984) 37 Cai.3d 465,208 Cal. Rptr. 228, 690 P.2d 701, the right to enact police
<br />power regulations on matters not covered by section 5.1 of this Agreement, including without
<br />limitation regulation of the rate and amount of growth, is not abrogated by the City. The City
<br />hereby retains the police power to provide for change in regulations, ordinances, policies, and
<br />plans relating to moratoria, building permit allocations, timing, and sequencing of development
<br />and the financing and provision of adequate public facilities at the time of development. No
<br />vested rights as to any requirements in this sub-section either as to existing or future regulations,
<br />ordinances, policies, and plans are hereby conferred.
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