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B. Mozart and Foothill are parties to an agreement <br />providing for the purchase of Parcel B and Parcel 2 <br /> <br />( "Property" ) . A condition to Mozart' s obligation to <br />purchase the Property is the approval and execution of this <br />Amended Development Deferment Agreement by the City and <br />Mozart and/or its assignee is relying upon this agreement in <br />connection with such purchase. <br /> <br /> C. The purchase agreement referred to in subparagraph <br />B above calls for the purchase by Mozart (or its assignee) <br />from Foothill of sewer permits constituting the right to 188 <br />Dwelling Unit Equivalents of sewer capacity applicable to <br />the Property, with the balance of 240 Dwelling Unit <br />Equivalents remaining applicable to Parcel C and 199 <br />Dwelling Unit Equivalents remaining applicable to Parcel 1. <br /> <br /> D. Until February 11, 1982 the City's Growth <br />Management Program had the effect of tolling the three year <br />period within which the owners of Parcels A, B and C had to <br />obtain building permits pursuant to Court Order Exhibit B <br />(defined in Paragraph 3B below). On or about January 12, <br />1982, City approved Ordinance No. 1014, constituting <br />rezoning of Parcels A and B from high density residential <br />and open space to planned unit development, commercial and <br />offices, and Parcel C from high density residential and open <br />space to planned unit development-high density residential <br /> <br /> 2 <br /> <br /> <br />