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Haas Van-Ligten-Pwtan-$4usker; ? <br />P.O. Box 49 0 <br />Gesta-Mesa; G li€efnia 92626 10604eleta"imile (7-14) 5436-99 5 <br />A p"Party 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 Fi s <br />An?nded and Restated Development Agreement and performing its <br />obligations hereunder and in order to effectuate the purposes and <br />intentions set forth in this f=irst Amended! -and Restated Development <br />Agreement and the Development Agreement Act, the City hereby agrees <br />during the Term as follows: <br />5,1.1 5.4-Vested Rigtitsftbt 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 />5.1.2 5:3 --Nen-applisationN-Qn-An lip cation 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 />6W$20,4701243217++I 15 VS83205- -12- <br />75A-68