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<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 t~venty-four (24) hours
<br />after 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 />s,t. ate, County, or City holidays shall be excluded.
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<br />5. DEVELOPMENT OF THE PROPERTY.
<br />
<br /> 5.1 Rules, Regulations and Policies. The roles, regulations and official
<br />policies governing the permitted use(s) of the Property, with respect to and only with respect to
<br />the density and intensity of use of the Property, shall be those roles, regulations, and policies in
<br />existence on the effective date of this Agreement.
<br />
<br /> 5.2 Permitted Use, DensiW, and Intensity of Use; Rate and Amount of
<br />Growth. The permitted use, density and intensity of use of the Property shall be as set forth in
<br />the Plan. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of
<br />Camarillo (1984) 37 Cal.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.
<br />
<br /> 5.3 Design and Construction Standards and Specifications. The design
<br />and construction standards and specifications for all Project construction, shall be subject to
<br />applicable design standards and guidelines in effect on the effective date of this Agreement,
<br />including but not limited to the F.A.R. of 1.5 as set forth in GPA No. 00-002.
<br />
<br /> 5.4 Maximum Height and Size of Structure. The maximum height and size
<br />for all structures shall be as provided in the Plan.
<br />
<br /> 5.5 Reservations and Dedications. No reservations or dedications of land
<br />shall be required by the City as a condition of development of the Property so long as that
<br />development is in conformance with the Plan. Nothing herein is intended, nor shall it be
<br />interpreted, to in any way limit or otherwise restrict the City's inherent power of eminent
<br />domain.
<br />
<br /> 5.6 Future Discretionary Approvals. This Agreement shall not prevent the
<br />City, ~vhen considering requests for discretionary approvals not covered by Section 5.2 of this
<br />Agreement subsequent to the effective date of this Agreement, from applying new rules,
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