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<br />RECORDING REQUESTED BY AND <br />WHEN RECORDED 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 />RE~DRDED at REQUEST OF <br />Nofhweste~i~ Tile Co. <br />At 8:30 A.M. <br />NOV 211991 <br />OFFICIAL. R'c±i:9:;S OF <br />ALANcDA C.~.li."v7Y, ~ !.:7CiRNIA <br />REi4'~ C~. ~aaV;fJSON <br />COUNTY RECORDER <br />EIGHTH AMENDMENT TO THE MOZART AMENDED <br />DEVELOPMENT DEFF'RMF'N'r AGREEMENT <br />~ ~~ <br />THIS EIGHTH AMENDMENT TO THE MOZART AMENDED DEVELOPMENT <br />DEFERMENT AGREEMENT dated January 24, 1984, as amended on <br />September 3, 1985, January 7, 1986, March 15, 1988, April 18, <br />1989, January 16, 1990, August 20, 1990, and April 17, 1991, is <br />entered into by and between MOZART DEVELOPMENT COMPANY ("Mozart") <br />and THE CZTY OF PLEASANTON ("City") on this / 7~j day <br />of September, 1991. <br />RECITALS <br />A. WHEREAS, Mozart has an unused and outstanding <br />entitlement to eighteen (18) D.U.E.'s or 5040 gallons of sewer <br />capacity applicable to Phase Two of the Stoneridge Corporate <br />Plaza I development on Stoneridge Mall Road, which capacity is <br />governed by the terms of the Mozart Amended Development Deferment <br />Agreement ("Agreement"); and <br />B. WHEREAS, Paragraph 4.A(1)(B) of the Agreement, as <br />amended in the Seventh Amendment to The Mozart Amended <br />Development Deferment Agreement, dated April 17, 1991, states <br />that the remaining Phase II Permits shall expire and revert to <br />the City if building permits are not issued by 5:00 p.m. on <br />November 4, 1992. <br />C. WHEREAS, Mozart Development Company now requests an <br />Eighth Amendment to the Amended Deferment Agreement to request an <br />extension of said eighteen (18) units of sewer treatment capacity <br />to allow reversion to the City if building permits are not issued <br />by 5:00 p.m., September 4, 1994. <br />D. WHEREAS, Mozart Development Company requests this <br />Eighth Amendment due to the present state of the financial and <br />real estate markets and at the request of a financial institution <br />which intends to lend money to develop the site. <br />-1- <br />ORPGI~IAL <br />