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<br />the requested clarification is of such a character as to constitute an amendment to this <br />Agreement requiring City Council action. <br /> <br />15. All notices delivered by one Party to the other Party in connection with <br />this Agreement must be in writing and shall be effective (i) when personally delivered to <br />the other Party; (ii) three (3) business days after deposit in the United States mail, if said <br />deposit occurs within the State of California and ten (10) business days after said deposit <br />if said deposit occurs outside the State of California; or (iii) one (1) business day after <br />deposit before the daily deadline time with a reputable overnight courier or service; in <br />each case postage fully prepaid and addressed to the respective Parties as set forth below <br />or to such other address and to such other persons as either Party may hereafter designate <br />by written notice to the other Party hereto: <br /> <br />If to City: <br /> <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA 94566 <br />Attention: City Manager <br /> <br />If to Owner: <br /> <br />Stoneridge Associates <br />c/o Lyon Capital Ventures <br />490 I Birch Street <br />Newport Beach, CA 92660 <br />Attention: Sr. Vice President--Development <br /> <br />16. There shall be no third party beneficiaries under this Agreement and the <br />only parties entitled to enforce this Agreement shall be the City and Owner and Owner's <br />successors in interest. <br /> <br />17. This Agreement shall not be recorded. The Parties acknowledge and agree <br />that none of the obligations of Owner set forth in this Agreement are intended to be <br />binding upon the persons purchasing and occupying either the Market Rate Units or the <br />Affordable Units within the Project or upon the homeowners' association to be formed <br />with respect to the Property. The ongoing covenants of each owner of an Affordable Unit <br />shall be as set forth in the deed restrictions to be recorded against that owner's airspace <br />lot pursuant to Section 2. <br /> <br />18. If anyone or more of the provisions set forth in this Agreement shall for <br />any reason be held to be invalid, illegal, or unenforceable in any respect, then such <br />provision or provisions shall be deemed severable from the remaining provisions <br />contained in this Agreement, and the Parties will negotiate in good faith amendments to <br />replace the unenforceable provisions and restore the original purpose and intent of this <br />Agreement. <br /> <br />19. It is understood and agreed by the Parties that this Agreement shall be <br />construed without regard to any presumption or other rule requiring construction against <br />the party causing the terms of this Agreement to be drafted. <br /> <br />5 <br /> <br />642862.9 <br />