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E. Due to circumstances not foreseen at the time of <br /> execution of the Agreement and the First Amendment, it is in the <br /> public interest that only a portion of the Property be. developed <br /> at this time and that, consequently, the parties agree that no <br /> building permits will be issued on certain lots comprising a <br /> <br /> e he under- <br /> <br />standing of the parties regarding the expiration dates of the <br />Se~er Permits (as defined in the Agreement) granted by Pleasanton <br />with respect to the Property. <br /> <br /> NOW THEREFORE, in consideration of the~mutual pro- <br />visions and the sum of One Thousand Dollars ($1,000) being paid <br />to Pleasanton as a processing fee concurrently herewith, the <br />parties agree'to amend the Agreement as follows: <br /> <br /> 1. Section 1 of the Agreement is amended in its. <br />entirety to read as follows: <br /> <br /> "1. Stoneson and Pleasanton acknowledge that the <br /> plan attached as Exhibit A hereto and made a part hereof <br /> accurately sets forth the lots comprising the Property. <br /> In order to provide for the phased and orderly develop- <br /> ment of the Property, Stoneson and Pleasanton hereby <br /> agree to allocate the Sewer Permits on a lot-by-lot basis, <br /> as more particularly set forth on Exhibit B attached <br /> hereto and made a part hereof. Stoneson and Pleasanton <br /> further agree that the 12 building permits issued in <br /> November 1983 with respect to Lot Nos. 1 through 3 and 8 <br /> through 16, inclusive, shall be deemed to correspond <br /> to, and will toll the expiration date of, 12 of the 37 <br /> Permits (as defined in the First Amendment). The 25 <br /> permits ("25 Permits") remaining out of the 37 Permits <br /> shall be allocated to the 25 lots ("25 Lots"), as more <br /> particularly set forth on Exhibits A and B. The 9 permits <br /> shall be allocated to the 9 lots ("9 Lots"), as more <br /> <br /> <br />