Estate of William Busch, Deceased, Mary Dana, Executor - Page 11




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          council approved the prezoning of Busch property to a “Planned              
          Unit Development--Medium Density Residential” and approved a 300-           
          unit plan for development, conditional upon meeting numerous                
          requirements involving design and home siting, architectural                
          features, landscaping, construction of park, noise attenuation,             
          building code compliance, creating a homeowners’ association,               
          fire code compliance, street construction, grading and drainage             
          improvements, utilities and related matters.  Ponderosa also                
          agreed to provide Pleasanton 5-1/2 acres for use as a city                  
          corporation yard.                                                           
               After approval of the plan, local citizens circulated a                
          petition calling for a referendum involving traffic issues.  In             
          response to citizen concerns, Ponderosa disseminated materials              
          attempting to show community benefits that would inure if the               
          project went through.  During January 1998 the referendum                   
          petition was filed, and the Pleasanton city council, with                   
          Ponderosa’s approval, instead of addressing the question of a               
          referendum or other alternative, decided to rescind the ordinance           
          approving the Busch property plan.                                          
               Thereafter, a second amended agreement was entered into and            
          became effective February 18, 1998.  It called for an additional            
          $375,000 increase to the purchase price and increased the $50,000           
          per unit over 250 unit amount to $70,000 per unit.  The Purchase            
          Price Escalator was increased from $25,000 to $30,000 from                  
          February 18 until the closing.  The second amended agreement had            




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