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Di7AFT <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 orperrnitted 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)an 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 ,nail 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 Holmes <br /> 5 Peters Canyon Road, <br /> Suite 310 <br /> Irvine, CA 92606 <br /> Page 20 <br /> 55394.Oo101%3423340.1 <br /> i <br />