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SEP 3 0 1983 <br /> <br />DEVELOPMENT DEFERMENT AGREEMENT <br /> <br /> THIS AGREEMENT is entered into this llth day of October, <br />1983, by and between FOOTHILL ENTERPRISES, a California <br />General Partnership ("Foothill"), SAB INVESTMENTS COMPANY, a <br />general partnership ("SAB"), MOZART DEVELOPMENT COMPANY, a <br />California corporation ("Mozart") and the CITY OF PLEASANTON, <br />a municipal corporation ("City"). <br /> <br /> RECITALS <br /> <br /> This Development Deferment A~reement is entered ~nto on <br />the basis of the following facts, understandings and intentions <br />of the parties: <br /> <br /> A. Foothill owns Parcels A and B, as such Parcels are <br />shown on Parcel Map 3701 ("Parcel MAD"), filed May 24, 1982, <br />in Book 133 of Parcel Maps, Pages 70-72, inclusive, of <br />Alameda County Records ("Property"). SAB owns Parcel C as <br />such parcel is shown on The Parcel MaD ("Parcel C"). <br /> <br /> B. Mozart and Foothill are parties to an agreement <br />providing for the purchase of the Property by Mozart. A <br />condition to Mozart's obligation to purchase the Property is <br />the approval and execution of this Development Deferment <br />Agreement by City and Mozart and/or its assignee is relying <br />upon this agreement in 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 387 <br /> <br />-1- <br /> <br /> <br />