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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 />V. TERMINATION <br />This Agreement shall terminate if the Planned Unit Development plan for this project <br />(PUD 97-12-1M) lapses. <br />THIS AGREEMENT is entered into as of the day and year first above written. <br />DEVELOPER: NEW CITIES DEVELOPMENT GROUP, <br />A California general partnership <br />By: BATES DEVELOPMENT, INC. <br />a Ca is general partnership <br />r <br />By: ~ ~ ~ <br />Frederick M. Bates <br />CITY: CITY OF PLEASANTON, <br />a Municipal Corporation <br />By: <br />Deborah Acosta McKeehan, City Manager <br />3 <br />