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the nine lots to be subject to the condition on the attached <br />map. <br /> <br /> C. Lot 9 on the attached map will be subject to <br /> <br />the P.U.D. condition, however, Lot 9 has an existing growth <br />management approval. The Developer has therefore requested that <br />the City reallocate the Lot 9 growth management allocation <br />approval to Lot 24. <br /> <br /> NOW, THEREFORE, the Developer and the City agree as <br /> <br />follows. <br /> <br /> 1. The City agrees to reallocate one growth management <br />unit from Lot 9 to Lot 24 as those lots are shown on the attached <br />map. <br /> <br /> 2. The Developer and the Developer's successors in <br />interest agree to not request either a building permit on or <br />a subdivision of Lot 9 until growth management approval has been <br />granted for that lot or lots by the City. <br /> <br /> 3. The City may record this Agreement with the Alameda <br />County Recorder. <br /> <br /> 4. This Agreement shall terminate upon lifting of <br /> <br />the Vineyard Avenue Development Moratorium or twenty-four (24) <br />months from the date of execution, whichever happens sooner. <br />Notwithstanding termination of this Agreement, Developer <br />shall obtain all appropriate permits and approvals as well as <br />pay all required fees. Upon termination the City shall <br />record a quit claim or its equivalent releasing the property <br />from the effect of this Agreement. <br /> <br /> - 2 - <br /> <br /> <br />