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<br />90224580 <br />NOW THEREFORE, in consideration of the mutual covenants <br />and agreements contained herein, the parties agree as follows: <br />This Sixth Amendment shall be effective upon the closing <br />of escrow of the transaction referenced in Paragraph C. above. <br />A new paragraph 4.A.(1)(c) shall be added to the <br />Agreement to read as follows: <br />(c) Any sewer permits transferred from the <br />Property to Parcel 1 (now Parcel 2 of Parcel Map 5470) <br />shall, upon the effective date of the transfer, be <br />removed from the effect of the Agreement, including the <br />provisions set forth in Paragraphs 4.A.(1)(a) and <br />4.A.(1)(b), and shall instead be governed by the terms <br />of the Foothill/SAB Amended Development Deferment <br />Agreement, including the restrictions on use set forth <br />in Paragraph 4.A.(1) of that Foothill/SAB Amended <br />Development Deferment Agreement, as amended by the First <br />Amendment dated Aug. 20 1990. <br />IN WITNESS THEREOF, the parties hereto have executed <br />this Sixth Amendment to the Mozart Amended Development Deferment <br />Agreement as of the day and year first written above. <br />"CITY" <br />ATTEST: <br />Peggy Ezidro, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />CITY OF PLEASANTON <br />By: <br />Kenneth R. Mercer, Mayor <br />"MOZART" <br />THE MOZART <br />COMPANY <br />By: Stoneri ge~orporate Center <br />a Calif rn a general <br />partner hip, as success t <br />the Mozalrt Develooment~ omp <br />By: <br />L_. John Mozart <br />2. <br />G:\PB\1204CJ8.774/12JU190a <br />