- 3 - Development Co. (CDC). Pursuant to the Agreement, petitioners agreed to sell certain improved real property known as “Huntington Harbour Bay Club Phase II” (Phase II), with improvements thereon in the form of parking facilities, tennis courts, and a clubhouse with restaurant, catering, and bar facilities. This property is located in the City of Huntington Beach, in an area called Huntington Harbor near the Pacific Ocean. CDC was planning a development project for Phase II. CDC had previously purchased Phase I, and the Phase I development project had already been approved for condominium development by the City of Huntington Beach. The agreed-upon purchase price for Phase II was $7.5 million. The Agreement set forth a payment schedule. CDC was to pay $500,000 in cash during escrow: $75,000 as an “Initial Deposit” to be paid concurrently with the execution of the Agreement, and $425,000 as an “Additional Deposit” to be paid within 10 days thereafter. The Agreement provided: “Escrow Holder is hereby instructed to immediately release the Initial Deposit to Seller. The Initial Deposit is nonrefundable except in the case of Seller’s breach of this Agreement, and is applicable to the Purchase Price.” The Additional Deposit also was to be released immediately to petitioners and also was nonrefundable except in case of the sellers’ breach and wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011