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delivery to an air courier for overnight expedited delivery service; (c) five (5) business <br />days after the date deposited in the United States mail, registered or certified, with <br />postage prepaid and return receipt requested (provided that such return receipt must <br />indicate receipt at the address specified); or (d) on the day of its transmission by facsimile <br />if transmitted during the business hours of the place of receipt, otherwise on the next <br />business day, provided that a copy of such notice, consent or other communication is <br />also delivered pursuant to clause (b) or (c) above. All references to "business days" <br />herein shall exclude weekends and State or Federal holidays. All notices shall be <br />addressed as follows (or to such other or further addresses as the parties may designate <br />by notice given in accordance with this section): <br />If to the City, at: <br />City of Pleasanton Attention: City Manager <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />If to the Owner, at: <br />CDP Hopyard LLC <br />Attention: Todd Deutscher <br />675 Hartz Avenue, Suite 301 <br />Danville, CA 94526 <br />With a Copy to: <br />Cox, Castle & Nicholson, LLP <br />Attention: Linda Klein <br />50 California Street, Suite 3200 <br />San Francisco, CA 94111 <br />11 Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in <br />this Agreement shall be enforceable solely by the City and not by, or on behalf of, any <br />tenant or Third -Party Purchaser of the Project. <br />12. Counterparts. This Agreement may be executed in counterparts, and when all <br />counterpart documents are executed, the counterparts shall constitute a single binding <br />agreement. <br />13. This Agreement shall be recorded in Alameda County and shall run with the land <br />Signatures follow on next page. <br />102657\17581921Q <br />P23-0177— 3200 Hopyard <br />Draft Affordable Housing Agreement <br />Page 5 of 12 <br />