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4 <br /> <br />FIRST AMENDMENT TO THE MOZART AMENDED DEVELOPMENT <br />DEFERMENT AGREEMENT DATED JANUARY 24, 1984 <br />This First Amendment to the Mozart Amended Development <br />Deferment Agreement dated January 24, 1984 is entered into by and <br />between The Mozart Development Company ("Mozart") and The City of <br />Pleasanton ("City") on this 3rd day of September, 1985. <br />Paragraph 4.A.(1)(a)(ii) is deleted and replaced with the <br />following: <br />"(ii) Fifty-five (55) Phase One Permits <br />shall be suspended retroactively from August <br />3, 1985 until the earlier of the date the City <br />issues Building Permits for the Buildings <br />described in Exhibit A to this Amendment, or <br />January 8, 1986. <br />"Such number of unused Sewer Permits shall <br />be referred to as 'Phase One Restricted Permits'. <br />This restriction shall toll the three (3) year <br />period for expiration as to Phase One Restricted <br />Permits until their expiration, and the remaining <br />thirty (30) days shall commence to run on the date <br />the restriction is lifted." <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />First Amendment to the Mozart Amended Development Deferment Agreement <br />