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C. Developer shall not build units at a rate faster than its annual allocation, and it <br /> may annually (by September 1) request to revise its projections to reflect its then existing best <br /> estimate of actual construction. Modifications of projected build -out are unlimited for a <br /> participating developer, but the year(s) when construction will be permitted will be determined <br /> by Council. Applications for this purpose must be received by July 31. <br /> D. When annual reviews are made, Developer may move units into later years or into <br /> earlier years from those originally estimated, subject to Council approval. <br /> E. Council may extend the Developer's requested time -frame for pulling building <br /> permits in years when actual construction is projected if infrastructure is projected not to be <br /> available for new development. <br /> F. If the Council must defer Developer's proposed rescheduling of units to a year <br /> later than that requested, Developer shall have a preference in returning units to the originally <br /> desired year (if desired) should units in that year become available due to other developers' <br /> shifting units to later years. <br /> G. A building permit will be issued only in the calendar year for which a unit has <br /> growth management approval. <br /> II. SEWAGE CAPACITY AND WATER AVAILABILITY <br /> A. City shall use its best efforts to reserve sewer capacity for the Project, but this <br /> Agreement does not guarantee the availability of sewage treatment capacity to serve the Project; <br /> building permits may be withheld if the City determines that sewage treatment capacity is not <br /> available at the time building permits the Project are applied for. <br /> B. This Agreement also does not guarantee the availability of sufficient water to <br /> serve the Project. The City shall withhold building permits for the Project if, at the time building <br /> permits are applied for, mandatory water rationing is in effect, unless the City has adopted a <br /> water offset program and unless the Developer is participating in the program. Notwithstanding <br /> the Developer's participation in such program, the City may withhold building permits if the <br /> City determines that sufficient water is not available at the time building permits for the Project <br /> are applied for. <br /> III. PROJECT CONDITION <br /> Nothing herein shall reduce any obligation of Developer required as a condition of any <br /> other approvals granted by the City. <br /> 2 <br />