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C. Developer will use its best efforts to project actual building starts, on a continuing <br />basis, so the Council can gauge actual construction when considering new approvals. In other <br />words, Developer must keep the City informed of its progress and must apply to reallocate units <br />if building permits for those units are not obtained (or the public improvements for custom lots <br />are not completed) in the year so allocated. If a Developer fails to apply for reallocation and <br />building permits are not obtained in the year in question (or the public improvements not <br />completed for custom lots), the Developer cannot obtain a building permit until the Developer <br />has reapplied for growth management (under the Modified Program) and has been granted a new <br />year in which to obtain such permit. <br />D. Developer shall not build units at a rate faster than its annual allocation, and it <br />must semi-annually (in February and August) modify, if necessary, its projections to reflect its <br />then-existing best estimate of actual construction. Modifications of projected build-out are <br />unlimited for a participating developer, but the year(s) when construction will be permitted will <br />be determined by Council. Applications must be received by June 30 (for August) and <br />December 31 (for February). <br />E. When semi-annual reviews are made, Developer may move units into later years <br />or into earlier years from those originally estimated, subject to Council approval. <br />F. Council may extend the Developer's requested time-frame for pulling building <br />permits in years when actual construction is projected to exceed the General Plan maximum <br />and/or if infrastructure is projected not to be available for new development. <br />G. 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 />H. For production units, a building permit will be issued only in the calendar year for <br />which a unit has growth management approval. No building permits will be allowed to be pulled <br />6 months in advance of the calendar year of allocation as allowed under the former growth <br />management ordinance. <br />I. Custom lots, once the public improvements are completed, will not be subject to <br />further developer reallocation, but custom lots, will not be sold prior to the time the public <br />improvements are completed. City will monitor custom lot development and will use estimates <br />of actual custom lot construction in the semi-annual analysis of projected building starts. <br />Custom lots projected to start in a calendar year count toward the General Plan maximum. <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 />2 <br />