- 5 - offered to settle for an initial payment of $500,000 and $25,000 each month thereafter until F&D’s cost to complete the project had been reimbursed, not to exceed $4 million. On November 9, 1999, National proposed to settle for $5 million, payable from 1999 through 2001, with incentive credits for early payments. Also in the November 9, 1999, letter National admitted that its obligation, at that time, to F&D under the indemnity agreement and the performance bond was over $2,500,000. On November 18, 1999, F&D proposed adjustments to the payment plan and incentive structure, as follows: payments of $5,250,000 from 1999 to 2001 or $4,750,000 if paid in full on or before July 1, 2000. As of December 31, 1999, F&D had incurred over $2,500,000 in its attempt to complete the construction project. On or around June 22, 2000, F&D sued the indemnitors under the indemnity agreement for $7,296,070, representing the costs F&D incurred to complete the construction project. On October 5, 2000, National agreed to pay $4,638,500 to F&D in two installments, with $2,500,000 to be paid within 2 days after the agreement was signed and $2,138,500 to be paid on or before January 15, 2001. In a separate settlement agreement among National, the District, and F&D, the District agreed to pay F&D a portion of the remaining outstanding amount due under the original construction contract between National and the District.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011