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JWJ/ra <br /> 1/12/88 <br /> <br /> THIRD AMENDMENT TO THE MOZART AMENDED DEVELOPMENT <br /> DEFERMENT AGREEMENT DATED JANUARY 14, 1984 AND AS AMENDED <br /> PURSUANT TO FIRST AMENDMENT TO MOZART AMENDED DEVELOPMENT <br /> DEFERMENT AGREEMENT DATED SEPTEMBER 3~ 1985 AND <br /> SECOND AMENDMENT TO MOZART AMENDED DEVELOPMENT <br /> DEFERMENT AGREEMENT DATED JANUARY 7, 1986 <br /> <br /> THIS THIRD AMENDMENT to the Mozart Amended <br />Development Deferment Agreement Dated January 14, 1984 and <br />as Amended Pursuant to First Amendment to Mozart Amended <br />Development Deferment Agreement Dated September 3, 1985 and <br />Second Amendment to Mozart Amended Development Deferment <br />Agreement Dated January 7, 1986, is entered into by and <br />between the MOZART DEVELOPMENT COMPANY ("Mozart") and the <br /> <br />CITY OF PLEASANTON ("City") on this day of , <br /> <br />1988. <br /> <br /> Paragraph 4.A.(1)(a)(i) is hereby deleted. <br /> <br /> Paragraph 4.A.(1)(b) is hereby amended by adding <br />the following: <br /> <br /> "(iii) For the purpose of this <br /> Agreement, the phrase 'upon approval and <br /> funding of the Stoneridge Drive Interchange' <br /> as used in this subparagraph (b) shall mean <br /> the date when approval and funding of the <br /> Stoneridge Drive Interchange has occurred and <br /> notice thereof has been given, in writing, <br /> including reference to this Agreement by <br /> either party to the other; provided, however, <br /> that failure to give such notice shall not <br /> constitute a default or breach of this <br /> Agreement." <br /> <br /> IN WITNESS WHEREOF, the parties hereto have <br />executed this Third Amendment to the Mozart Amended <br /> <br /> <br />