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_ ~ 9435Q488 <br />F. Developer has not, however, been able to build this <br />Project according to the schedule and a number of other <br />developers have likewise not built according to schedule; as a <br />consequence there is a backlog of unbuilt units which if all <br />built in close proximity in time would burden the City's <br />infrastructure and schools. <br />G. 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 />H. 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 />I. 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. Paragraph I of the Long Term Agreement is hereby amended to <br />read as follows: <br />"A. City hereby grants growth management approval to <br />the Property for development according to the .following schedule: <br />1994 23 units <br />1995 23 units <br />B. As to these units, Developer designates the <br />following as production units and as custom lots: <br />Production Units <br />Custom Lots <br />C. Developer will use its best efforts to project <br />actual building starts, on a continuing basis, so the Council can <br />gauge actual construction when considering new approvals. In <br />other words, Developer must keep the City informed of its <br />progress and must apply to reallocate units if building permits <br />for those units are not obtained (or the public improvements for <br />custom lots are not completed) in the year so allocated. If a <br />Developer fails to apply for reallocation and building permits <br />are not obtained in the year in question (or the public <br />improvements not completed for custom lots), the Developer cannot <br />obtain a building permit until the Developer has reapplied for <br />growth management (under the Modified Program) and has been <br />granted a new year in which to obtain such permit. <br />- 2 - <br />