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<br /> <br />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 />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 />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Agreement, dated January 24, 1984 are rescinded.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 />"(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 />"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 />- 1 - <br />