FOOTHILL ENTERPRISES - MOZART AMENDED DEVELOPMENT DEFERMENT AGMT

RECORDING REQUESTED BY AND WHEN RECORDID MAIL TO: City of Pleasanton City Clerk's Office P.O. Box 520 Pleasanton, CA 94566 Record for the Benefit of the City of Pleasanton Pursuant to Government Code Section 6103 ~~ siizsas RECORDED at REQUEST Ot hc~hwestern Title ~.o. At 8:30 A.M. MAY 171991 OFFICIAL RECORDS OF ALAMEOA COUNTY, CALIFORNIA RENE G GAVIUSON CDUNTY RECORDER /-~.~ SEVENTH AMENDMENT TO THE MOZART AMENDED DEVELOPMENT DEFERMENT AGREEMENT THIS SEVENTH AMENDMENT TO THE MOZART AMENDED DEVELOPMENT DEFERMENT AGREEMENT dated January 24, 1984, as amended on September 3, 1985, January 7, 1986, March 15, 1988, April 18, 1989, January 16, 1990, and August 20, 1990, is entered into by and between MOZART DEVELOPMENT COMPANY ("Mozart") and THE CITY OF PLEASANTON ("City") on this 17th day of A ril, 1991. RECITALS A. WHEREAS, Mozart has entitlement to eighteen (18) capacity applicable to Phase Plaza I development on Stone governed by the terms of the Agreement ("Agreement"); and an unused and outstanding D.U.E.'s or 5040 gallons of sewer Two of the Stoneridge Corporate ridge Mall Road, which capacity is Mozart Amended Development Deferment B. WHEREAS, Paragraph 4.A(1)(B) of the Agreement, as amended, in the Fifth Amendment to The Mozart Amended Development Deferment Agreement, dated January 16, 1990, states that the remaining Phase II Permits shall expire and revert to the City if building permits are not issued by 5:00 p.m. on May 4, 1991. C. WfiEREAS, Mozart Development Company now requests a Seventh Amendment to the Amended Deferment Agreement to request an extension of said eighteen (18) units of sewer treatment capacity to allow reversion to the City if building permits are not issued by 5:00 p.m., November 4, 1992. D. WHEREAS, Mozart Development Company requests this Seventh Amendment due to the present depressed state of the financial and real estato ma,-t<or~