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<br />FIFTH AMENDMENT TO THE MOZART AMENDED <br />DEVELOPMENT DEFT?RMw.Nm AGREEMENT <br />This FIFTH AMENDMENT TO THE MOZART AMENDED <br />DEVELOPMENT DEFERMENT AGREEMENT dated January 24, 1984, as <br />amended on September 3, 1985, on January 7, 1986, on <br />March 15, 1988, and on April 18, 1989, is entered into by and <br />between the Mozart Development Company ("Mozart") and the <br />City of Pleasanton ("City") as of the 16th day of January <br />1990. <br />Paragraph 4.A(1)(b) is hereby amended to read in <br />full as follows: <br />(b) Phase Two. Owner may use an additional <br />sixty-seven (67) Property Sewer Permits ("Phase Two <br />Permits") in accordance with the schedule set forth <br />in this paragraph. Thirty-five (35) Phase Two <br />Permits were used in connection with construction <br />of the Marie Callender's Restaurant and in <br />connection with the cafeteria completed in Suite <br />155, 6140 Stoneridge Mall Road. Thus, thirty-two <br />(32) Phase Two Permits remain. The remaining Phase <br />Two Permits shall expire and the sewer capacity <br />represented thereby shall revert to the sole <br />control of the City after Owner has been free to <br />use the remaining Phase Two permits or an aggregate <br />of four hundred eighty-nine (489) days or no later <br />than 5:00 p.m. on May 4, 1991. The <br />- 1 - <br />