- 4 - In 1987, West Mill entered into a $52,500,000 construction loan agreement with Westinghouse Credit Corp. (Westinghouse). Under the agreement, petitioner and JCC each guaranteed 50 percent of the Westinghouse loan, and petitioner was required to execute all documents individually and in his capacity as a corporate representative of JCC (shareholder/president). During 1991, West Mill defaulted on the loan, and the payment obligations of West Mill were accelerated. On October 4, 1991, petitioner spoke with a representative of Westinghouse regarding a proposed settlement to resolve the default situation. A letter confirming petitioner’s conversation contained the following proposals: (i) West Mill will provide [Westinghouse] with a deed to Towne Lake in lieu of foreclosure; (ii) Johnson Consolidated Companies (guarantor of the Towne Lake loan and controlling stockholder of both West Mill venturers) will enter into a consulting agreement with [Westinghouse] and provide consulting services related to the operation and development of Towne Lake in exchange for consulting fees approximating One Million Fifty Thousand Dollars ($1,050,000) on terms to be mutually agreed upon. On December 5, 1991, a settlement agreement regarding the Westinghouse loan was entered into between Westinghouse, West Mill, petitioner, JCC, LDJ Development Co., and LDJ Construction Co. Throughout the settlement negotiations petitioner acted in a dual capacity on his own behalf as a guarantor of the Westinghouse loan and as a representative of the West MillPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011