- 8 - 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 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011