To: JEE[jeevacation@gmail.com]
From: Cecile de Jongh
Sent: Fri 6/21/2013 9:25:37 PM
Subject: Fw: AYH Issues
OK, sent.
With warm regards,
Cecile
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Forwarded M Y
From: Cecile de Jo
To: Andrew Farkas
Sent: Friday, June 21, 2013 5:24 PM
Subject: AYH Issues
Good afternoon Andrew,
Jeffrey asked me to relay the following to you:
It appears that there was an overpayment on the price by approximately of $5 million
as part of the Sun/MOF purchase. In addition, there is at least a $180,000 from the
error adjustment owed with interest plus a return of leasing fees paid on leases that
defaulted; after financial review. There are $4.5 million in fees that have been paid
out over the past six years that have allowed IGY to take almost 100% of its
investment out of this investment. Additionally, this was a non-arms-length
transaction between you and Jeffrey which makes the level of these fees fairly
incongruous. As Jeffrey and I see this, there are three solutions to the AYH issue which
would settle the matter in a fair and equitable manner and they are as follows:
1. IGY returns his investment plus interest, and he becomes simply a
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tenant paying rent at fair market.
2. IGY agrees to renegotiate the Management Agreement as well as pay
Jeffrey the $2.5 million for the overpayment on the purchase price, half of the
acquisitions fee of $250,000, the $180,000 error from six years ago plus
interest and his share of the leasing commissions that were erroneously
earned on tenants who defaulted.
3. Since IGY has already taken out all its equity, it walks away, leaves
Jeffrey with the $1 million in cash, and he takes over ownership and
management of the property.
Please let us know your thoughts on the proposed solutions.
With warm regards,
Cecile
DISCLAIMER: The information contained in this e-mail may be
privileged,confidential, and protected from disclosure. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution or
duplication of this communication is strictly prohibited. If you have received this
communication in error, please notify the sender immediately and delete all
copies.
"Nearly all men can stand adversity, but if you want to test a man's character, give him power."
— Abraham Lincoln
#44 Please consider the environment before printing this e-mail.
EFTA_R1_00447462
EFTA01968002