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91310616 <br />NOW THEREFORE, in consideration of the mutual covenants and <br />agreements contained herein, the parties agree as follows: <br />This Eighth Amendment shall be effective upon the date first <br />written above. <br />Paragraph 4.A(1)(b) is hereby amended to read as follows: <br />(b) Owner may use an additional sixty seven (67) <br />Property Sewer Permits ("Phase Two Permits") in <br />accordance with the schedule set forth in this <br />paragraph. Of the 67 Phase Two Permits, 35 Phase Two <br />Permits were used in connection with the construction <br />of Marie Callender Restaurant and in connection with <br />the cafeteria completed in Suite 155, 6140 Stoneridge <br />Mall Road; 14 Phase Two Permits were transferred to <br />Parcel 2, Parcel Map 5470, pursuant to the Sixth <br />Amendment to the Mozart Amended Development Deferment <br />Agreement, dated August 20, 1990. The remaining 18 <br />Phase Two Permits may be used at any time until <br />September 4, 1994. After that date, the remaining <br />Phase Two Permits which have not been used obtain <br />building permits shall expire and the sewage capacity <br />represented there by shall revert to the sole control <br />of the City. <br />IN WITNESS THEREOF, the parties hereto have executed this <br />Eighth Amendment to the Mozart Amended Development Deferment <br />Agreement as of the day and year first written above. <br />°CITY" <br />CITY OF PLEASANTON <br />By:~~~_.-, ~ <br />Ken eth R. erce~^, Mayor <br />°MOZART" <br />THE MOZART DEVELOPMENT COMPANY <br />By: Stoneridge Corporate <br />Center 1, a California <br />general partnership, as <br />successor to a Mozart <br />Development pa y <br />By: <br />General Partner <br />-2- <br />