FOOTHILL ENTERPRISES - MOZART AMENDED DEVELOPMENT DEFERMENT AGMT

95O51~~0 WHEREAS, due to a slump in the commercial real estate market, owner has requested permission to retain the use of these 47 permits, to be used in connection with a new building permit(s) for Buildings 3 and 5, which permit(s) would be obtained in more favorable economic times; and WHEREAS, this request is reasonable and in the interest of the City; and NOW, THEREFORE, for the mutual promises expressed herein, the parties agree as follows: Section 1: Paragraph 4.A.(1)(a) and (b), as previously amended, is hereby amended further to read as follows: "(1) General Buildings. Owner may use the number of Property Sewer Permits during the periods described below in connection with construction of any buildings: (a) Phase One. Commencing May 1, 1984, Owner may use One Hundred Twenty-One (121) Property Sewer Permits ("Phase One Permits"). All unused Phase One Permits shall expire and the sewer capacity represented thereby shall revert to the sole control of the City as of September 4, 1996, unless by that date, Owner has obtained a building permit for Building 3. (b) Owner may use an additional sixty seven (67) Property Sewer Permits ("Phase Two Permits") in accordance with this paragraph. Of the 67 Phase Two Permits, 35 Phase Two Permits were used in connection with the construction of Marie Callender Restaurant and in connection with the cafeteria completed in Suite 155, 6140 Stoneridge Mall Road; 14 Phase Two Permits were transferred to Parcel 2, Parcel Map 5470, pursuant to the Sixth Amendment to the Mozart Amended Development Deferment Agreement, dated August 20, 1990. The remaining 18 Phase Two Permits may be used at any time until September 4, 1996. After that date, the remaining Phase Two Permits which have not been used to obtain a building permit for Building 5 shall expire and the sewage capacity represented thereby shall revert to the sole control of the City." 2