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B. Public Needs In order to meet public improvement needs made necessary by ongoing residential development, Developers shall pay a growth management fee of $750 per dwelling unit at the time a building permit is issued for each such unit. C. Capital Improvements In addition to the fees set forth above, Developers shall pay City a capital improvements fee for residential growth. This fee is payable at the time a building permit for each unit is issued. III. BEWA(3E CAPACITY AND WATER AVAILABILITY A. City shall use its best efforts to reserve sewer capacity for the Project, but this Agreement does not guarantee the availability of sufficient water to serve the Project. The City shall withhold building permits for a Project if, at the time building permits are applied for, mandatory water rationing is in effect, unless the City has adopted a water offset program and unless the Developers are participating in the program. Notwithstanding the Developers participation in such program, the City may withhold building permits if the City determines that sufficient water is not available at the time building permits for the Project are applied for. IV. PROJECT CONDITION Nothing herein shall lessen any obligation of Developers required as a condition of any other approvals granted by the City. V. SIICCESSORS IN INTEREST This Agreement shall run with the land and be binding upon any and all heirs, assigns, and successors in interest of Developers having an interest in the property described in Exhibit "A" except for the purchasers of completed homes constructed in compliance with this Agreement. VI. RECORDATION This Agreement shall be recorded in the Offices of the County Recorder of Alameda County. Upon completion of the Project by Developers, the City will, upon request, execute a recordable instrument to title of the project site. The City Manager is hereby authorized to execute such instruments on behalf of the City. - 4 -