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the City has provided water service to the Project, the City <br />determines that insufficient water, as evidenced by 50~ mandatory <br />rationing or otherwise, is not available at the time the <br />Developer applies for building permits, building permits may be <br />withheld. Notwithstanding the prior sentence, in the event that <br />Developer has paid a capital fee, as provided in Section 5, for <br />an off-site treatment plant, to the extent that City realizes a <br />new benefit from the use of the water derived from an off-site <br />treatment plant, City shall develop a formula to provide <br />Developer a certain number of building permits based upon <br />Developer's pro rata contribution to the off-site treatment <br />plant. <br />5. Sewer System.. <br />A. The City and Developer jointly shall investigate <br />alternative sewerage system options for the Property. <br />B. If the City elects to have the Developer construct <br />a new treatment plant (not to exceed a capacity of 300 MGD, with <br />reverse osmosis capacity) to serve the Property at a mutually <br />acceptable site, Developer shall construct the plant in <br />accordance with standards reasonably satisfactory to the City and <br />the Dublin/San Ramon Sanitation District (the "DSRSD"), provided <br />that Developer shall be entitled to construct such plant in <br />phases to coincide with its dedelopment of the Project. Upon <br />completion of construction, the plant shall be dedicated to the <br />DSRSD for operation, and Developer's construction of the plant <br />shall be in lieu of any Project sewerage hook-up or sewerage <br />[Draft 8/1/91] 8 <br />