Estate of William Busch, Deceased, Mary Dana, Executor - Page 10




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          Committee approved a plan for 391 housing units on the Busch                
          property. In 1997, in the face of  neighborhood concerns about              
          traffic patterns, the Planning Commission approved 360 housing              
          units for the Busch property.  In addition, a neighborhood                  
          committee (by a 7 to 1 vote) agreed to a plan for the Busch                 
          property containing 300 housing units.                                      
               Just prior to the June 30, 1997, closing date, the parties             
          revised their agreement and entered into an Amended and Restated            
          Agreement of Option to Purchase, which was effective June 1,                
          1997, and, accordingly, no closing occurred under the original              
          option agreement.  Under the amended agreement, the $150,000 per-           
          acre base price and the $50,000 per unit in excess of 250 units             
          remained the same.  The amended agreement provided for a “Price             
          Escalator” under which the purchase price for the Dana or Busch             
          portions would increase by $25,000 per month, beginning June 30,            
          1997, until the date of the first closing, scheduled for no later           
          than January 5, 1998.  The first closing under the amended                  
          agreement did not occur, and Ponderosa renewed the option                   
          agreement in March 1998.                                                    
               Ponderosa presented a 360-unit site plan to the Pleasanton             
          Planning Commission and received approval around the end of 1996.           
          In early 1997, Ponderosa went to the city council, but it was not           
          until December 2, 1997, that a 300-unit plan was adopted, and it            
          was determined that the plan would not have significant adverse             
          effects on the environment.  On December 16, 1997, the city                 




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