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Exhibit 3 to Ordinance No. <br /> 7 <br /> 12. Adjacent Property Owners' Payment of Infrastructure Costs. The Parties <br /> acknowledge that Chapters 35.72 and 35.91 RCW and Chapter 14.36 EMC provide authority for <br /> certain latecomer agreements and OM will apply to the City to establish a latecomer agreement <br /> for recovery of a pro rata share of the cost of constructing certain streets and utilities from <br /> adjacent property owners that will later derive a benefit from those streets and utilities. The City <br /> will consider OM's application for a latecomer agreement and process it in the normal manner. <br /> 13. General Provisions. <br /> 13.1 Notices. All notices, demands, consents, approvals and other communications <br /> (each, a"Notice") that are required or desired to be given by either Party to the other under this <br /> Agreement shall be in writing and shall be(a)hand delivered, (b) sent by U.S. registered or <br /> certified mail, postage prepaid, return receipt requested, or(c) sent by reputable overnight <br /> courier service, addressed to the appropriate Party at its address set forth below, or at such other <br /> address as such Party shall have last designated by Notice to the other. Notices shall be deemed <br /> given when delivered;provided, however, that if any Notice shall also be sent by telecopy for fax <br /> machine, such Notice shall be deemed given at the time and on the date of machine transmittal if <br /> the sending Party receives a written send verification on its machines and forwards a copy <br /> thereof with its mailed or courier-delivered Notice. Rejection or other refusal by the addressee to <br /> accept a Notice or the inability to deliver the Notice because of a changed address of which no <br /> notice was given shall be deemed to be receipt of the Notice sent. Notice addresses for the <br /> Parties are as follows: <br /> To City: City of Everett <br /> 2930 Wetmore Avenue, Suite 10-A <br /> Everett, WA 98201 <br /> Attention: City Clerk <br /> Facsimile: 425-257-8729 <br /> With a copy to: City of Everett <br /> 2930 Wetmore Avenue, Suite 10-A <br /> Everett, WA 98201 <br /> Attention: City Attorney <br /> Facsimile: 425-257-8729 <br /> To OM: OliverMcMillan <br /> 773 8th Avenue <br /> San Diego, CA 92101 <br /> Attention: Paul Buss,President <br /> Facsimile: 619-321-1234 <br /> With a copy to: Foster Pepper PLLC <br /> 1111 Third Avenue, Suite 3400 <br /> Seattle, WA 98101 <br /> Attention: Thomas M. Walsh <br /> Facsimile: 206-447-9700 <br /> 78 -12- <br />