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III. SEWAGE CAPACITY <br /> <br /> City shall use its best efforts to reserve sewer capacity for <br />the Project, but this Agreement does not guarantee the availability <br />of sufficient sewage treatment capacity to serve the Project; <br />building permits may be withheld if sewage treatment capacity is <br />determined by City not to be available at the time building permits <br />are applied for. In the event sewage treatment capacity is not <br />available to enable Developer to meet the development schedule <br />contained in Paragraph I, the Developer and City agree to negotiate <br />amendments to this growth management agreement which would as near <br />as is feasible carry out the intent of this Agreement given the <br />availability of sewage treatment capacity. <br /> <br />IV. PROJECT CONDITION <br /> <br /> Nothing herein shall lessen any obligation of Developer <br />required as a condition of any other approvals granted by the City. <br /> <br />V. SUCCESSORS IN INTEREST <br /> <br /> This Agreement shall run with the land and be binding upon any <br />and all heirs, assigns, and successors in interest of Developer <br />having an interest in the property described in Exhibit A except <br />for the purchasers of completed homes constructed in compliance <br />with this Agreement. <br /> <br />VI. RECORDATION <br /> <br /> This Agreement shall be recorded in the Office of the County <br />Recorder of Alameda County. Upon completion of the Project by <br />Developer, the City will, upon request, execute a recordable <br />instrument to eliminate this Agreement as an exception to title of <br />the project site. The City Manager is hereby authorized to execute <br />such instruments on behalf of the City. <br /> <br /> <br />