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I 11.F.c I <br /> or federal laws; (b) required or imposed by judicial or regulatory action; or (c) necessary to <br /> alleviate or otherwise contain threats to public health or safety. Unless City imposes or c <br /> enforces Limitations as permitted in this section and subject to all Laws and Regulations, E <br /> Owner shall be allowed to apply for and receive approvals from City for development on <br /> Owner Property that is consistent with this Agreementand the Project Plan. <br /> ¢ <br /> 3 NOTICES. Unless otherwise specifically provided herein, all notices, demands or other c <br /> communications given hereunder shall be in writing and shall be deemed to have been duly <br /> delivered upon personal delivery, as of the second business day after mailing by United States g <br /> mail, postage prepaid, return receipt requested, or upon the next business day if delivered by <br /> Federal Express or similar overnight delivery system, addressed as follows: co' <br /> m <br /> IF TO THE CITY: <br /> Community Development.Director N <br /> City of Prescott <br /> 201 South Cortez Street CO <br /> Prescott,Arizona 86303 <br /> WITH A COPY TO: zd <br /> City Attorney <br /> City of Prescott <br /> 221 South Cortez Street <br /> Prescott,Arizona 86303 <br /> f/1 <br /> IF TO OWNER: Westridge Preserve,LLC <br /> 1153 Linwood Ave <br /> Prescott, AZ 86305 - <br /> The address to which any notice,demand or other writing may be given,made or sent to any party d <br /> may be changed by written notice as above provided. <br /> 4 DEFAULTS AND REMEDIES. In the event a default should occur under any of the a <br /> obligations of the City or Owner as provided in this Agreement,each Party shall be entitled to d <br /> exercise such rights or remedies as may be available pursuant to the terms of such document, a <br /> at law or in equity, including without limitation specific performance, except as such c <br /> document may specifically limit such remedies. Notwithstanding the foregoing, each Party d <br /> waives any claim such Party may have for incidental or consequential damages arising out of <br /> a failure of performance of the other Party under this Agreement. N <br /> 5 ASSIGNMENT. Owner may not assign its rights under this Agreement without the prior c <br /> consent of the City, which consent may not be unreasonably withheld. No voluntary or <br /> involuntary successor in interest to Owner may acquire any rights under this Agreement 5 <br /> except as expressly set forth in this Section. <br /> 4 <br /> • <br /> I Packet Pg. 199 <br />