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2. Ponderosa will acquire and become the fee owner of that <br />certain property consisting of 18 acres referred to as Parcel A of <br />Parcel Map No. 4459 more fully described on Exhibit "A" attached <br />hereto and made a part hereof (the "Property"). In connection with <br />such acquisition, Ponderosa will allocate 97 sewer permits issued to <br />Ponderosa by the Dublin-San Ramon Sewer District pursuant to the 1972 <br />Settlement Agreement for utilization in the development of the <br />Property in accordance with the schedule described hereinbelow. <br /> <br /> 3. All the terms and conditions of the Long-Term Agreement <br />shall remain in full force and effect as to the Project except as <br />explicitly provided herein. <br /> <br /> 4. The parties hereto covenant and agree that the growth <br />management approval granted to Ponderosa pursuant to the Long-Term <br />Agreement shall apply to the Property under this Fifth Addendum in <br />accordance with the following schedule: for the calendar year 1985 <br />the growth management approval utilized is 28 units; and for the <br /> <br />calendar year 1986 the growth management approval utilized is <br /> <br />69 units. The parties covenant and agree that with respect to the <br />Property the aforesaid schedule of growth management approval util- <br />ization shall apply and the provisions for the issuance, util- <br />ization, and expiration of growth management approval, building <br />permits, and sewer permits as described in the Long-Term Agreement <br />shall, with respect to the Property be determined in accordance with <br />the schedule set forth in this paragraph. <br /> <br /> The current status of units allocated pursuant to the Long-Term <br />Agreement upon adoption of this Fifth Addendum is shown as Exhibit <br />"B" attached hereto and made a part hereof. <br /> <br /> -2- <br /> <br /> <br />