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covenants running with the land have been provided. Developer hereby declares its understanding <br />and intent that the burden of the covenants set forth herein touch and concern the land and that the <br />Developer's interest in the Property is rendered less valuable thereby. Developer hereby further <br />declares its understanding and intent that the benefit of such covenants touch and concern the land <br />by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by <br />furthering the health, safety, and welfare of the residents of City. <br />9. MISCELLANEOUS <br />9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth <br />and contain the entire understanding and agreement of the parties, and there are no oral or written <br />representations, understandings or ancillary covenants, undertakings or agreements which are not <br />contained or expressly referred to herein. No testimony or evidence of any such representations, <br />understandings or covenants shall be admissible in any proceeding of any kind or nature to <br />interpret or determine the terms or conditions of this Agreement. <br />9.2 Amendment. Any alteration, change or modification of or to this Agreement, in <br />order to become effective, shall be made in writing and in each instance approved by the City <br />Council and signed on behalf of each party. Any requested alteration, change or modification of <br />the 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 Site in the Official Records of Orange County, California. <br />9.3 Notices. <br />9.3.1 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 notices <br />shall be in writing and shall be considered given either: (i) when delivered in person to the <br />recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in <br />the United States mail in a sealed envelope as either registered or certified mail with return receipt <br />requested, and postage and postal charges prepaid, and addressed to the recipient named below; or <br />(iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and <br />postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with <br />a known and reliable next -day document delivery service (such as Federal Express), charges <br />prepaid and delivery scheduled next -day to the recipient named below, provided that the sending <br />party receives a confirmation of delivery from the delivery service provider; or (v) the first <br />business day following the date of transmittal of any facsimile, provided confirmation of <br />successful transmittal is retained by the sending Party. All notices shall be addressed as follows: <br />If to City: City of Santa Ana <br />Connnunity Development Agency <br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Housing Manager <br />18 <br />