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<br />FOURTH AMENDMENT TO THE MOZART AMENDED <br />DEVELOPMENT DEFERMENT AGREEMENT <br />THIS FOURTH AMENDMENT to the Mozart Amended Development <br />Deferment Agreement dated January 14, 1984, as amended on <br />September 3, 1985, on January 7, 1986, and on March 15, 1988, <br />is entered into by and between the MOZART DEVELOPMENT COMPANY <br />("Mozart") and the CITY OF PLEASANTON ("City") on this 18th <br />day of April, 1989. <br />R E C I T A L S <br />WHEREAS, Mozart has use of 121 property sewer permits <br />for Phase I of its development on Stoneridge Mall Road; and <br />WHEREAS, Mozart has utilized most of their permits in <br />developing three office buildings on the site, but there <br />remain outstanding 29 permits; and <br />WHEREAS, the current Development Deferment Agreement is <br />unclear with respect to whether these permits will expire <br />when the existing building permit for Building 3 expires on <br />April 30, 1989; and <br />WHEREAS, Mozart has requested that these permits not <br />revert to the City unless by December 31, 1992. Mozart has <br />obtained a final building inspection for Building 3 (the <br />remaining building for Phase I); and <br />WHEREAS, such request is reasonable and in the interest <br />of the City; <br />NOW, THEREFORE, for the mutual promises expressed <br />herein, the parties agree as follows: <br />-1- <br />