- 6 - for a significant period and because it was clear to Walker that petitioner was not going to obtain the requested zoning approval. Petitioner withdrew the zoning request after the hearing but before a vote was taken. Walker began to market the property to other major developers after the November 17, 1997, meeting, as he expected petitioner to cancel escrow on the property. Petitioner contacted Joseph Janas (Janas), FRGC’s certified public accountant, a few days after the hearing and told Janas that the real estate transaction would not go forward. Petitioner then instructed Janas to do a final accounting to determine how much cash in the partnership was available to distribute to the investors. PCB and Cherry executed mutual cancellation instructions for the 1996 purchase agreement to the escrow company on December 29, 1997. The escrow company refunded the $25,000 in earnest money to PCB upon cancellation of the escrow. At the time that PCB and Cherry canceled escrow, petitioner did not attempt to renegotiate a new purchase agreement for the subject property. Sometime in early January 1998, Walker approached petitioner and suggested new terms for the purchase that would be acceptable to Rex Maughan. The terms included a nonrefundable payment of $150,000, an increase in the purchase price from $5.25 million to $5.775 million, closing in 6 months with no contingencies, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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