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40011k. <br /> E. The City, after meeting with members of the development <br /> community, has adopted a Modified Growth Management Program for <br /> developers with projects, such as this Project, with existing <br /> growth management approval . <br /> F. The goal of this program is to have the actual units <br /> built in any year not to exceed that which is provided for in the <br /> City' s General Plan. <br /> G. Developer desires to cooperate with the City in <br /> carrying out this program because to do so will protect the <br /> public health, safety and welfare. <br /> NOW, THEREFORE, in consideration of the mutual promises <br /> expressed herein, City and Developer hereby agree as follows : <br /> 1 . Article I of the Growth Management Agreement is amended to <br /> read as follows : <br /> "I. GROWTH MANAGEMENT APPROVAL <br /> A. City hereby grants growth management approval to the <br /> Project for development according to the following schedule : <br /> 1994 54 units <br /> B. As to these units, Developer designates the following <br /> as production units and as custom lots : <br /> production units 54 <br /> custom lots 0 <br /> C. Developer will use its best efforts to project actual <br /> building starts, on a continuing basis, so the Council can gauge <br /> actual construction when considering new approvals . In other <br /> words, Developer must keep the City informed of its progress and <br /> must apply to reallocate units if building permits for those <br /> units are not obtained (or the public improvements for custom <br /> lots are not completed) in the year so allocated. If a Developer <br /> fails to apply for reallocation and building permits are not <br /> obtained in the year in question (or the public improvements not <br /> completed for custom lots) , the Developer cannot obtain a <br /> building permit until the Developer has reapplied for growth <br /> management (under the Modified Program) and has been granted a <br /> new year in which to obtain such permit . <br /> - 2 - <br />