- 8 - Huntington Beach refused to process CDC’s application for Phase II development due to the State’s claim was CDC’s problem. Many drafts of the Third Amendment went back and forth between the parties. Mr. Steinman prepared a final version of the Third Amendment dated June 11, 1991, which petitioners signed, but which was never signed or agreed to by CDC. By letter dated July 22, 1991, Mr. Michael McCaffrey (Mr. McCaffrey), who was working with Mr. Steinman as petitioners’ attorney, requested that First American provide petitioners with a $2 million interest-free loan because escrow for Phase II had not closed yet and petitioners were unable to make a required loan payment for certain real estate not relevant here. Mr. McCaffrey stated that First American had an obligation to indemnify petitioners for the title problem. On August 14, 1991, petitioners and First American entered into an agreement entitled “Limited Agreement” pursuant to which First American would lend petitioners $600,000 interest free. The loan was secured by the Phase II property and was to be repaid out of the proceeds of its eventual sale. By letter dated December 4, 1991, Mr. Steinman requested, inter alia, that First American advance up to $700,000 to petitioners. This amount would then be offered to CDC in order to terminate the Agreement and discharge CDC’s claims under the Agreement. The loan was to be interest free and would be repaid with the proceeds from the eventual sale of Phase II. CDC was not aware of this request. On December 10, 1991, CDC notifiedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011