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And <br /> MCG Bristol West,LLC <br /> 6618 Avenida Bizarro <br /> La Jolla, CA 92037 <br /> Attn: David Cortney <br /> 2.9.3. Either party may,by written notice given at any time,require subsequent notices <br /> to be given to another person or entity,whether a party or an officer or representative of a party, <br /> or to a different address, or both.Notices given before actual receipt of notice of change shall <br /> not be invalidated by the change. <br /> 2.9.4. Consistent with the Joinder attached hereto,Fee Owners shall receive notice of <br /> any default and have the right, but not obligation,to cure any default as permitted in Sections <br /> 9.1.2 and 9.1.3 below. Fee Owners and their lenders shall also be entitled to receive a <br /> Certificate of Compliance upon request as provided in Section 10.20. <br /> 3. DEVELOPMENT OF THE PROPERTY. <br /> 3.1. Rights to Develop. Subject to the terms of this Agreement,including the Reservation of <br /> Rights in Section 3.3 below,Owner shall have a vested right to develop the Property in <br /> accordance with, and to the extent of, this Agreement,and the Project Approvals, and the <br /> Development Plan for the duration of the Term. Owner may proceed with demolition permits <br /> prior to pulling building permits provided Owner has provided proof of financing for that portion <br /> of the Project that demolition permits are being sought for. From the commencement of <br /> demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is <br /> secured and that all construction walls are maintained in a good condition and repair with no <br /> graffiti. <br /> 3.1.1. Except as expressly provided otherwise herein,the Project shall remain subject to <br /> all Existing Land Use Regulations and Project Approvals for the Term.Except as otherwise <br /> provided in this Agreement, and notwithstanding the authority of the City to further revise the <br /> Land Use Regulations pursuant to Government Code Section 65866,the permitted uses of the <br /> Property,the density and intensity of use,the maximum height and size of proposed buildings, <br /> and provisions for reservation and dedication of land for public purposes shall be those set forth <br /> in the Existing Land Use Regulations and Project Approvals. <br /> 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map <br /> approved which relates to all or a portion of the Property shall be extended for the greater of(i) <br /> the Term of this Agreement or(ii)expiration of the tentative map pursuant to Section 66452.6. <br /> 3.1.3. Owner shall comply with all mitigation measures required to be undertaken <br /> pursuant to any document prepared in compliance with the California Environmental Quality <br /> Act with respect to the Project. <br /> 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the <br /> Project requires additional Project Approvals(the Future Project Approvals identified in Section <br /> 1.1.18). These Future Project Approvals shall be consistent with the Existing Project Approvals <br /> and this Agreement as to the permitted uses of the Property, the density and intensity of use,the <br /> maximum height and size of proposed buildings, and provisions for reservation and dedication <br /> _12_ <br />