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PLANNING COMMISSION DRAFT <br />SUBJECT TO CITY COUNCIL APPROVAL <br />8.2 Amendment. Any alteration, change or modification of or to this Agreement, <br />in order to become effective, shall be made in writing and in each instance approved by the City <br />Council, or through the City Manager as detailed herein, and signed on behalf of each party. The <br />City Manager shall have the authority to make approvals, issue interpretations, execute <br />documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City <br />that further the intent of this Agreement. Any requested alteration, change or modification of the <br />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 Property in the Official Records of Orange County, <br />California. <br />8.3 Notices. <br />8.3.1 Delivery. 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 <br />notices shall be in writing and shall be considered given either: (i) when delivered in person to <br />the recipient named below; or (ii) on the date of delivery shown on the return receipt, after <br />deposit in the United States mail in a sealed envelope as either registered or certified mail with <br />return receipt requested, and postage and postal charges prepaid, and addressed to the recipient <br />named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, <br />first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) <br />day after deposit with a known and reliable next -day document delivery service (such as Federal <br />Express), charges prepaid and delivery scheduled next -day to the recipient named below, <br />provided that the sending party receives a confirmation of delivery from the delivery service <br />provider; or (v) the first business day following the date of transmittal of any facsimile, provided <br />confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission <br />thereof (as evidenced by the recipient's reply to such notice or other competent evidence of <br />actual receipt) if transmitted by electronic transmission (email), provided that a copy of such <br />notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as <br />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: thninlo Properties <br />19 <br />55394.00101\n^^^'�.-.a4,7 ' 42998272.1 <br />