- 9 - Escrow Holder by letter that the parties wished to continue with the escrow and that they considered it still open. Cancellation of Agreement On January 31, 1992, after several weeks of negotiations between petitioners and First American, those parties executed an “Amendment to Limited Agreement” incorporating the matters discussed in Mr. Steinman’s December 4, 1991, letter. Pursuant to the “Amendment to Limited Agreement”, First American issued a cashier’s check in the amount of $750,000 to petitioners so that they could pay CDC. This amount was added to petitioners’ accumulated indebtedness to First American. Since petitioners were unable to deliver title in fee simple to Phase II free of the cloud of the State’s public easement claim, petitioners and CDC decided to cancel escrow. CDC agreed to accept $650,000 to terminate its rights under the Agreement. By letter dated February 4, 1992, Mr. Steinman informed Escrow Holder that petitioners and CDC agreed to cancel the Phase II escrow. On February 14, 1992, petitioners and CDC signed a “Mutual Release” in which they agreed to terminate the sale of Phase II and to release each other from any causes of action relating to the Agreement. Pursuant to the terms of the Mutual Release, the parties agreed that CDC would receive up to $650,000 from petitioners “as consideration” for executing the Mutual Release: $600,000 to be paid at the signing of the Mutual Release and an “Additional Amount” of $50,000 to be paid upon, inter alia, the return ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011