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TWA
<br />City Attorney, City of Santa Ana
<br />20 Civic Center Plaza M -29
<br />P.O. Box 1988
<br />Santa Ana, California 92702
<br />If to Owner, to:
<br />Heritage Village OC
<br />1945 Port Chelsea Place
<br />Newport Beach, CA 92660
<br />Attention: General Counsel
<br />A Party may change its address by giving notice in writing to the other
<br />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 />5.1 City Obligations. In consideration for Owner entering into this
<br />Development Agreement and performing its obligations hereunder, and in
<br />order to effectuate the purposes and intentions set forth in this
<br />Development Agreement and the Development Agreement Act, the City
<br />hereby agrees during the Term as follows:
<br />5.1.1 Vested Right 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
<br />Powers.
<br />5.1.2 Non - Application of Changes in Applicable Rules. Any
<br />change in, or addition to, the Applicable Rules, including,
<br />without limitation, any change in the General Plan, zoning
<br />ordinance, subdivision ordinance, or building regulation
<br />adopted or becoming effective after the Effective Date,
<br />including, without limitation, any such change by means of
<br />ordinance, initiative, referendum, resolution, motion, policy,
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