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SECOND 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 <br /> <br /> THIS SECOND AMENDMENT to the Mozart Amended Development <br />Deferment Agreement dated January 24, 1984 and as amended by <br />First Amendment to the Mozart Amended Development Deferment <br />Agreement, dated September 3, 1985, is entered into by and <br />between the MOZART DEVELOPMENT COMPANY ("Mozart") and the CITY OF <br />PLEASANTON ("City") on this 7th day of January, 1986. <br /> <br /> Paragraph 4.A.(1)a)(ii) as amended by the First Amendment to <br />Mozart Amended Development Agreement, dated September 3, 1985 and <br />as originally stated in the Mozart Amended Development Deferment <br />Agreement, dated January 24, 1984 are rescinded. Paragraph <br />4.A.(1)(a)(ii) shall now read as follows: <br /> <br /> "(ii) Fifty-five (55) Phase One Permits shall be <br /> suspended retroactively from August 3, 1985 until the earlier <br /> of the date the City issues Building Permits for the <br /> Buildings described in Exhibit A to this Amendment, or <br /> April 8, 1986. <br /> <br /> "Such number of unused Sewer Permits shall be referred <br /> to as 'Phase One Restricted Permits' This restriction shall <br /> toll the three (3) year period for expiration as to Phase One <br /> Restricted Permits until their expiration, and the remaining <br /> thirty (30) days shall commence to run on the date the <br /> restriction is lifted." <br /> <br /> - 1 - <br /> <br /> <br />