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09/19/02 09:53 FAX 925 484 8234 CITY-PLEASANTON ~ 005/008 <br />'~ <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 maybe withheld if the City determines that sewage treatment capacity is not <br />available at the time building permits the Project are applied for. <br />B. This Agreement also does not guarantee the availability of sufficient water to <br />serve the Project. The City shall withhold building permits for the Project if, at the time building <br />permits are applied for, mandatory water rationing is in effect, unless the City has adopted a <br />water offset program and unless the Developer is participating in the program. Notwithstanding <br />the Developer's participation in such program, the City may withhold building permits if the <br />City determines that sufficient water is not available at the time building permits for the Project <br />are applied for. <br />III. PROJECT CONDITION <br />Nothing herein shall lessen any obligation of Developer required as a condition of any <br />other approvals granted by the City. <br />IV. SUCCESSORS IN INTEREST <br />This Agreement shall run with the land and be binding upon Developer and its heirs, <br />assigns, and successors in interest that have an interest in the subject Property, except for the <br />purchasers of completed homes constructed in compliance with this Agreement. <br />THIS AGREEMENT is entered into as of the day and year first above written. <br />DEVELOPER: CENTEX <br />By: <br />CITY; CITY OF PLEASANTON, <br />a Municipal Corporation <br />y. <br />Deborah Acosta McKeehan, City Manager <br />3 <br />