-98- already owned the apartment property to be converted and sold to individual condominium unit owners. Rather than Prudential’s selling an apartment property to Frey and other investors, Prudential elected to participate as co-owner in a joint venture to convert and sell the property as condominium units. Prudential would contribute the property and receive (1) all initial condominium unit sale proceeds up to a specified amount based, in large part, on the property's appraised fair market value as a rental property, and (2) 50 percent of all other unit sale proceeds above the initial specified amount. Frey and other investors would usually form a limited partnership and were responsible for renovating and converting the property and selling the condominium units. The limited partnership that included Frey and other investors received the other 50-percent share of all unit sales proceeds above initial specified amount of the sales proceeds. Frey and/or an entity owned by him also earned development and management fees from the project. Frey/Prudential joint venture projects included condominium conversions known as The Greens, Chatham, Calais, Valleybrook, and Old Forge. Frey, Transcr. at 677; Wold, Transcr. at 2868. Prudential and BJF, Inc., entered into a series of consulting agreements with regard to these projects between August 1, 1981, and December 1981. Exh. 223, app. A, pt. II, items 13, 16, 19;Page: Previous 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Next
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