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<br />• <br />RECORDING REQIIESTID BY AND <br />WHEN RECORDID MAIL TO: <br />City of Pleasanton <br />City Clerk's Office <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Record for the Benefit of <br />the City of Pleasanton <br />Pursuant to Government <br />Code Section 6103 <br />i <br />SEVENTH AMENDMENT TO THE MOZART AMENDID <br />DEVELOPMENT DEFEI21~ffiiT AGREEMENT <br />THIS SEVENTH AMENDMENT TO THE MOZART AMENDED <br />DEVELOPMENT DEFERMENT AGREEI+IEITP dated January 24, 1984, as <br />amended on September 3, 1985, January 7, 1986, March 15, 1988, <br />April 18, 1989, January 16, 1990, and August 20, 1990, is entered <br />into by and between MOZART DEVELOPMENT COMPANY ("Mozart") and THE <br />CITY OF PLEASANTON ("City") on this 17th day of April, 1991. <br />RECITALS <br />A. WfiEREAS, Mozart has <br />entitlement to eighteen (18) <br />capacity applicable to Phase <br />Plaza I development on Stone <br />governed by the terms of the <br />Agreement ("Agreement"); and <br />an unused and outstanding <br />D.U.E.'s or 5040 gallons of sewer <br />Two of the Stoneridge Corporate <br />ridge Mall Road, which capacity is <br />Mozart Amended Development Deferment <br />B. WHEREAS, Paragraph 4.A(1)(B) of the Agreement, as <br />amended, in the Fifth Amendment to The Mozart Amended Development <br />Deferment Agreement, dated January 16, 1990, states that the <br />remaining Phase II Permits shall expire and revert to the City if <br />building permits are not issued by 5:00 p.m. on May 4, 1991. <br />C. WHEREAS, Mozart Development Company now requests a <br />Seventh Amendment to the Amended Deferment Agreement to request <br />an extension of said eighteen (18) units of sewer treatment <br />capacity to allow reversion to the City if building permits are <br />not issued by 5:00 p.m., November 4, 1992. <br />D. WHEREAS, Mozart Development Company requests this <br />Seventh Amendment due to the present depressed state of the <br />financial and real estate markets. <br />