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A. Owner will bring forward its growth management approvals <br /> <br /> 30 approval will be allocated to 1993; and <br /> 60 approvals will be allocated to 1994. <br /> <br /> B. By June 1st of the year following the year in which <br /> growth management approvals are first allocated in <br /> accordance with 4.A., Owner may, with the City's <br /> concurrence (which shall not be unreasonably exercised or <br /> withheld), reallocate its growth management approvals. <br /> <br /> C. Unused growth management approvals in any year designated <br /> pursuant to either 4.A. or 4.B. above, will be <br /> automatically reallocated to the year following the final <br /> year of growth management approvals as designated <br /> pursuant to either 4.A. or 4.B. above; provided that <br /> without City approvals, no more than twenty (20) of the <br /> project's growth management approvals may be used in said <br /> year. <br /> <br /> D. At the end of any year after the year to which growth <br /> management approvals are reallocated pursuant to 4.C. <br /> above, any unused growth management approvals shall be <br /> automatically reallocated to the next following year(s); <br /> provided that without City approval, no more than ten <br /> (10) of the project's growth management approvals may be <br /> used in any of those years. <br /> <br /> E. Owner shall be required to apply for and receive City <br /> approval to use more than twenty (20) or ten (10), <br /> respectively, of its growth management approvals in those <br /> years to which unused growth management approvals are <br /> reallocated pursuant to 4.C. or 4.D. <br /> <br />5. If no building permits have been issued by October 20, 1993, <br /> Owner, at its sole option to be exercised by written notice to <br /> the City prior to that date, may elect to maintain its current <br /> rights and prerogatives and develop Tract 6320 in accordance <br /> with the currently approved PUD-89-5-1D. <br /> <br />6. Any requested changes to the PUD on Tract 6266 (Land Unit A) <br /> shall not affect Tract 6320 (Land Unit B) or the related <br /> offsite improvements. The Owner of Tract 6320 may apply for <br /> and receive approval of other minor modifications to the PUD <br /> without being subject to any growth management related issues <br /> if the project is making substantial progress toward <br /> completion of its development plan. <br /> <br />7. If any growth management approvals for Tract 6320 lapse, Owner <br /> shall have the right to apply for future growth management <br /> approvals on terms no less favorable than any other party. <br /> <br /> <br />