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and, <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza M-29 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Telefacsimile (714) 647-6515 <br />b. If to Owner, to: <br />The Roman Catholic Bishop of Orange, a corporation sole <br />P.O. Box 14195 <br />Orange, California 92863 <br />Attn: Bishop Tod D. Brown <br />Telefacsimile: (714) 282-3029 <br />and <br />Tim Paone <br />Manatt, Phelps & Phillips, LLP <br />695 Town Center Drive, Fourteenth Floor <br />Costa Mesa, California 92626 <br />Telefacsimile (714) 371-2550 <br />A Party may change its address by giving notice in writing to the other Party. Thereafter, <br />Notices shall be addressed and transmitted to the new address. If sent by mail, Notices <br />shall be effective or deemed to have been given three (3) days after deposit in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth <br />above. If sent by telefacsimile, Notices shall be effective or deemed to have been given <br />twenty-four (24) hours after the time set forth on the transmission report issued by the <br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating <br />these time frames, weekends and federal, state, county, and City holidays shall be excluded. <br />5. DEVELOPMENT OF THE PROPERTY. <br />5.1. Rules, Regulations and Policies. Except as expressly provided below, the rules, <br />regulations and official policies governing the permitted use(s) and density of the Property, <br />and the conditions which may be imposed on the Project, shall be those set forth in the <br />Existing Regulations, as further limited by the Existing Approvals. <br />5.2. Permitted Use, Density, and Intensity of Use; Rate and Amount of Growth. <br />Recognizing the California Supreme Court's decision in Pardee Construction Co. v. City of <br />Camarillo (1984) 37 Ca 1.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, the Parties agree that <br />Owner shall have the right to develop the Project in such order and at such rate and at such <br />times as Owner deems appropriate in its own business judgment. Except as so provided, <br />the City's right to enact police power regulations on matters not covered by Section 5.1 of <br />this Agreement, including regulation of the rate and amount of growth, is not limited by this <br />provision. <br />70020313.7 <br />6/24/04