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B. This Agreement also does not guarantee the availability of sufficient water to <br />serve the proposed project. The City shall withhold building permits for the project if, at the <br />time building permits are applied for, mandatory water rationing is in effect, unless the City has <br />adopted a water offset program and unless the Developer is participating in the program. <br />Notwithstanding the Developer's participation in such program, the City may withhold building <br />permits if the City determines that sufficient water is not available at the time building permits <br />for the project are applied for. <br />III. PROJECT CONDITION <br />Nothing herein shall reduce 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: GREENBRIAR HOMES COMMUNITIES, INC. <br />By: <br />Patrick Costanzo, Jr. <br />CITY: CITY OF PLEASANTON, <br />a Municipal Corporation <br />By: ...~ . I~ Cc~ <br />Deborah Acosta McKeehan, City Manager <br />ATTEST: <br />Pegg idro, Ci lerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />(cv:mydocs\agreements\greenbriazhomescommunities) <br />3 <br />