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DRAFT <br />8.2 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, 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 documents, <br />waive provisions, and/or enter into amendments of this Agreement on behalf of City that further <br />the intent of this Agreement. Any requested alteration, change or modification of the Agreement <br />by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for <br />the City's review of the request. Each alteration, change, or modification to this Agreement shall <br />be recorded against the Property in the Official Records of Orange County, 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 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; or (vi) upon transmission thereof (as <br />evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if <br />transmitted by electronic transmission (email), provided that a copy of such notice is concurrently <br />sent by first-class mail postage prepaid. All notices shall be addressed as 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: MLC Holdings Inc./Meritage Homes <br />5 Peters Canyon Road, <br />Suite 310 <br />Irvine, CA 92606 <br />Page 20 <br />55394.00101 \43423340.1 <br />