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9t~~~048 <br />D. Developer shall not build units at a rate faster <br />than its annual allocation, and it must semi-annually (in <br />February and August) modify, if necessary, its projections to <br />reflect its then-existing best estimate of actual construction. <br />Modifications of projected build-out are unlimited for a <br />participating developer, but the year(s) when construction will <br />be permitted will be determined by Council. Applications must be <br />received by June 30 (for August) and December 31 (for February). <br />E. When semi-annual reviews are made, Developer may <br />move units into later years or into earlier years from those <br />originally estimated, subject to Council approval. <br />F. Council may extend the Developer's requested time- <br />frame for pulling building permits in years when actual <br />construction is projected to exceed the General Plan maximum <br />and/or if infrastructure is projected not to be available for new <br />development. <br />G. If the Council must defer Developer's proposed <br />rescheduling of units to a year later than that requested, <br />Developer shall have a preference in returning units to the <br />originally desired year (if desired) should units in that year <br />become available due to other developers' shifting units to later <br />years. <br />H. For production units, a building permit will be <br />.issued only in the calendar year for which a unit has growth <br />management approval. No building permits will be allowed to be <br />pulled 6 months in advance of the calendar year of allocation as <br />allowed under the former growth management ordinance. <br />I. Custom lots, once the public improvements. are <br />completed, will not be subject to further developer reallocation, <br />but custom lots, will not be sold prior to the time the public <br />improvements are completed. City will monitor custom lot <br />development and will use estimates of actual custom lot <br />construction in the semi-annual analysis of projected building <br />starts. Custom lots projected to start in a calendar year count <br />toward the General Plan maxi.:.um." <br />J. This agreement shall be the sole authority for any <br />development of the Property pursuant to the General Management <br />Program." <br />2. This Second Amendment shall be recorded in the office of the <br />County Recorder of Alameda County. <br />3. In all other respects, the terms and conditions of the Long <br />Term Agreement as previously amended, shall continue in full <br />force and effect <br />- 3 - <br />