FOOTHILL ENTERPRISES - MOZART AMENDED DEVELOPMENT DEFERMENT AGMT

94153141 ~ ~ WHEREAS, this request is reasonable and in the interest of the City; and WHEREAS, there have been discussions between the City and Mozart concerning a joint parking proposal for the parking area which services the Marie Callender's Restaurant and the building at 6140 Stoneridge Mall Road. NOW, THEREFORE, for the mutual promises expressed herein, the parties agree as follows: Section 1: Paragraph 4.A.(1)(a) as amended on April 18, 1989, is hereby amended further to read as follows: "(1) General Buildinas. 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 December 31, 1992, unless by that date, Owner has obtained a final building inspection for Building 3. Notwithstanding the prior sentence, Owner shall continue to use the unused Phase One Permits if by July 31, 1992, an agreement is reached between the City and the owners of the property at 6140 Stoneridge Mall Road concerning joint parking and access for the parking area which serves the Marie Callender's Restaurant site and 6140 Stoneridge Mall Road. If agreement is reached, the existing building permit for Building 3 shall be deemed expired and Owner may use all unused Phase One Permits to obtain a new building permit for Building 3, provided, however, that all such unused Phase One Permits shall expire and the sewer capacity represented thereby shall revert to the control of the City as of 5:00 p.m., on September 4, 1994, if Owner has not by that time and date obtained a new building permit for Building 3."