Estate of William Busch, Deceased, Mary Dana, Executor - Page 8




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          second closing or June 30, 2000, whichever occurred first.  The             
          per lot price was also to increase $50,000 for each dwelling lot            
          approved in excess of 250 with 616 dwelling units stated as the             
          outside limit.  Accordingly, the combined 88-acre price could               
          vary from a low of $13,200,000 to a high of $31,500,000.  In                
          addition to the purchase price, Ponderosa paid $100,000 down and            
          was to pay $10,000 per month with respect to the Dana portion,              
          and the payments were to stop at the time of the first closing              
          with no credit being allowed against the purchase price.  With              
          respect to the Busch portion, Ponderosa was to pay $5,000 every             
          30 days beginning after the first closing until the earliest of             
          the date of the second closing or June 30, 2000.  The $5,000                
          payments were to be applied to the purchase price.                          
               The parties to the June 30 agreement expected that the first           
          closing (to occur no later than June 30, 1997) would complete the           
          transfer of the Dana portion and the second closing (to occur no            
          later than December 30, 2000) would complete the transfer of the            
          Busch portion.  The parties were also aware that the necessary              
          approval for development would take time and money, and Ponderosa           
          expected to spend up to $250,000 in seeking approval to develop.            
          Ponderosa had estimated that on a “fast-track” basis, the                   
          entitlement process would take 18 months.  Ponderosa’s practice             
          was not to make an outright purchase but to option an interest in           
          property for development.  At the time of the June 30 agreement,            
          the parties were aware that the Pleasanton city government and              




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