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Harm - VawLigter3- iiatan4 T4usker, L P
<br />P- 9-- @ex1850
<br />Sesta-Mesa- ,- Galifer-nia- 82fi26- U)50 - telefacaimile (7-14) 5436 8035
<br />A paftyPvty may change its address by giving notice in writing to the
<br />other party. Thereafter, any notice, tender, demand, delivery, or other
<br />communication shall be addressed and transmitted to the new address. If
<br />sent by mail, any notice, tender, demand, delivery, or other
<br />communication shall be effective or deemed to have been given three (3)
<br />days after it has been deposited in the United States mail, duly registered
<br />or certified, with postage prepaid, and addressed as set forth above. If
<br />sent by telefacsimile, any notice, tender, demand, delivery, or other
<br />communication shall be effective or deemed to have been given twenty -
<br />four (24) hours after the time set forth on the transmission report issued by
<br />the transmitting telefacsimile machine, addressed as set forth above. For
<br />purposes of calculating these time frames, weekends, federal, state,
<br />County, or city holidays shall be excluded.
<br />5. DEVELOPMENT OF THE PROPERTY.
<br />5.1 City Obligations. In consideration for Owner entering into this Eimt
<br />Amended and Restated Development Agreement and performing its
<br />obligations hereunder and in order to effectuate the purposes and
<br />intentions set forth in this FiisLAnm od and Restated Development
<br />Agreement and the Development Agreement Act, the City hereby agrees
<br />during the Term as follows:
<br />5.1.1 6:2- Vested RightsRfi _ht to Develop. Owner is hereby granted the
<br />vested right to develop the Project subject to the terms and
<br />conditions of the Applicable Rules and the Reserved Powers.
<br />5.12 t >.3- Alen,appa"tiewNon- placation of Changes in Applicable
<br />Rules. Any change in, or addition to, the Applicable Rules,
<br />including, without limitation, any change in the General Plan, zoning
<br />ordinance, subdivision ordinance, or building regulation adopted or
<br />becoming effective after the Effective Date, including, without
<br />limitation, any such change by means of ordinance, initiative,
<br />referendum, resolution, motion, policy, order or moratorium,
<br />initiated or instituted for any reason whatsoever, however
<br />(,5402062612\42320155.44aMv25- -12-
<br />75A -108
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