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(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 water
<br />offset program and unless the Developer is participating in the program. Notwithstanding the
<br />Developer's participation in such program, the City may withhold permits if the City determines that
<br />sufficient water is not available at the time building permits for the Project are applied for.
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<br /> 10. Sewer and Water Infrastructure. As part of a group of developers (the "Funding
<br />Developers", which group will include, at a minimum, Black Mountain Development, New Cities
<br />Development Group, and TTK) Developer shall fund its share of the cost to provide "off-site" sewer
<br />and water improvements to existing residents of the HVSP area. This work will include sewer/water
<br />laterals and mains to the right-of-way/property line along the streets referred to in Exhibit "B" hereof
<br />(specifically, in Exhibit "B-2" thereto). Developer shall not be responsible to install or pay for sewer
<br />and water connection fees and "on-site" costs (i.e., the cost of installing such laterals or lines on
<br />private property or of connecting lines in public streets or rights-of-way to the home). The Funding
<br />Developers have agreed to a financing plan as described in the attached Exhibit "B", entitled "Happy
<br />Valley/North Sycamore Finance Plan".
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<br /> 11. Vesting of Development Rights.
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<br /> (a) General Statement. As a material inducement to Developer and its creditors to
<br />continue with diligent efforts to promote the development of the Property, the City desires to cause
<br />all development rights which may be required to develop the Property to completion consistent with
<br />the City' s General Plan, the Happy Valley Specific Plan, approved PUD 99-07, and this Development
<br />Agreement to be deemed vested in Developer for the benefit of the Property, as of the Effective Date
<br />of this Development Agreement, to the greatest extent permitted by law, and to be free of all
<br />discretionary rights of the City or any body or subsequent building moratorium, ordinances, rules,
<br />regulations, policies or restrictions on the development that are inconsistent with this Development
<br />Agreement.
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<br /> (b) Existing Rules to Govern. In accordance with the terms of Government Code
<br />section 65866, the City and Developer agree that approved PUD 99-07, the Happy Valley Specific
<br />Plan provisions, the General Plan provisions, and ordinances, rules, regulations, and official policies
<br />of the City in effect as of the Effective Date of this Development Agreement governing the design,
<br />density, permitted land uses, improvement and construction standards applicable to the Development
<br />(collectively, the "Existing Development Regulations") shall govern during the Term of the
<br />Development Agreement. The City shall not, in subsequent actions applicable to the Property, or the
<br />Development, apply General Plan provisions, ordinances, rules, regulations, or policies that conflict
<br />with Existing Development Regulations, except with the mutual written consent of the City's Planning
<br />Director and the Developer. Except as otherwise provided in this Development Agreement, no
<br />amendment, revision, or addition to any of the Existing Development Regulations, whether adopted
<br />or approved by the City Council or any office, board, commission, or other agency of the City, or by
<br />the people of the City through initiative measure or other vote, shall be effective or enforceable by
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