Fontenot represents the Buller family of Ville Platte, which owns the 177-acre tract near Acadian Hills Golf Course. The Bullers sued Couret Place Inc. for breach of contract in September but have not pursued the litigation because of Cal-Bay's interest in taking over the project.
"[Cal-Bay] had a deadline to do certain things, and they did not do those things," says Fontenot, who declined to discuss any financial details of the negotiations. However, a source close to the proposed deal says the Buller family was requesting a $100,000 good faith deposit, which Cal-Bay failed to produce.
Cal-Bay representatives did not respond to phone and e-mail requests seeking comment for this story.
In early December, Cal-Bay Vice President Bill Sickert told The Independent Weekly the company planned to purchase Couret Place Inc., pay the Buller family for the land and proceed with plans to develop the real estate project into a mixed-use, traditional neighborhood much like south Lafayette's River Ranch. Based on the Bullers' asking price and the debt that accumulated Â' a number of contractors who did work on the site are owed several thousand dollars each, one as much as $437,000 Â' it's estimated that Cal-Bay would have had to invest from $9 million to $12 million just to get into the project. Subsequent development costs would have drastically increased that initial investment.
On Jan. 18 Cal-Bay, a publicly traded real estate development group based in Carlsbad, Calif., announced that it had secured funding for what it called a $400 million "residential/commercial golf course development project" in Lafayette. The Buller family property is next to Acadian Hills Golf Course, but the course is not part of the deal. "It really upset me when I saw that in print," says Acadian Hills General Manager John Guilbeau. "We don't know those people."
But the major red flag raised by the announcement was that the Bullers, who still have title to the property, had yet to finalize the deal with Cal-Bay. In mid-January, Fontenot said the company had missed a deadline to respond to the Bullers' offer. "There is no deal with Cal-Bay," Fontenot now says.
Cal-Bay International is a "penny stock" that does not trade on a major exchange. As of late last week, Cal-Bay's stock price had dropped to 2 cents per share, and the company had a market value of $824,800. The stock is down 98 percent from a high of $1.10 in March 2006.
Other parties not related to Cal-Bay or Couret Place Inc. Â' it is widely speculated that John Royston or his partners brought the California company to the table ' have expressed interest in the property, and the Bullers want to sell the beautiful tract. The problem is that the property is now tied up in a legal quagmire of lawsuits and liens filed by local companies that did work on the site. An undetermined number of people also put money down on lots in the residential portion of the proposed development.
In their lawsuit, the Bullers say they were unaware that local contractors had begun working on the property because Couret Place Inc., led by John Royston, who over the years has had numerous financial disputes with local companies, was continually trying to renegotiate the deal, and the two parties had yet to come to an agreement. The Bullers claim Couret Place Inc. did not have the financial wherewithal to meet the original agreement and disguised a new revenue sharing program as a better deal for the family in order to delay payments.
When Couret Place began asking the Bullers for money to pay for the infrastructure, which the Bullers say was Couret Place's responsibility, a Buller family member went to the site June 29 and told the contractors to go home; the legal problems started soon after. "All along, Couret Place did not have and knew it did not have money to pay the contractors and engineers as per the agreements, but still went ahead and engaged the services of engineers and contractors on its own," the Bullers say in their suit.
Fontenot says Cal-Bay told him during earlier negotiations that it had purchased Couret Place Inc., which could add yet another layer of legal complications. "Later on in our negotiations, they said they were negotiating to acquire it, so I don't know [the status]," he says.
Since Fontenot called off the deal, however, Cal-Bay has a new legal problem. On Feb. 6 real estate appraiser Lane Godshall's company, hired by Cal-Bay to appraise the property in October, filed suit in state district court seeking $4,500.
Godshall says he was unfamiliar with Cal-Bay when asked to appraise the property, so he requested up-front payment for his services. "They sent me a check via FedEx," he says. Godshall conducted the appraisal, sent it to his client in mid-November and deposited the check. He then went out of town for a week.
"I came back, and it had bounced," Godshall says. When Godshall called the company, vice president Sickert blamed an administrative error. Recalls Godshall, "He said, 'We have like six bank accounts and are always moving money around.'" After that initial conversation, Godshall says Cal-Bay representatives stopped taking his calls.
When his demand letter was also ignored, Godshall filed suit. "That hasn't happened to me in a number ' a number of years," the appraiser says.
Black Friday shopping begins; Pope visiting Turkey; oil prices decline and more national and international news for Friday, November 28, 2014.
Friday's Blogs from the Bog!
The fight to clean up Lafayette Parish could get some added ammunition with two ordinances up for votes Tuesday by the City-Parish Council targeting litter-bugs.
By striking a deal to lessen the blow of health insurance changes on state workers, school employees and retirees, Gov. Bobby Jindal's administration lowered the volume of criticism but gave itself and local school boards a new budget headache.
With the airport tax coming up for a parishwide vote in about a week, the Broussard City Council and its mayor have come out in support of the proposal.
Protesters rallied peacefully in several Louisiana cities in the wake of the Missouri grand jury decision not to indict a police officer in the fatal shooting of Michal Brown.
The U.S. rep billed LSU for work allegedly performed on the same days Congress voted on major legislation and held important committee hearings on energy and the ACA.
Abysmally low participation by the public has prompted the council to scuttle the 2014 survey with plans to simplify it and try again next year.
The village now says the ordinance will likely be overturned and authorities will more vigorously enforce existing leash laws.
Bill Cassidy cast an early ballot Tuesday, seeking to draw renewed attention to a race that has fallen off newspaper front pages and away from people's minds as they plan holiday meals and shopping schedules.
Battered all night by Baltimore's relentless pass rush, Drew Brees could feel his protection collapsing and Terrell Suggs getting ahold of him as he urgently unloaded a pass to the right flat toward tight end Jimmy Graham.
After a convincing defeat at the polls on Nov. 4, Earl “Nickey” Picard has decided to let bygones be bygones with his former right-hand man Brian Pope, announcing his support for his former employee’s runoff bid to become Lafayette’s next city marshal.
Saturday the athletic department did everything possible to ensure the 2014 Ragin’ Cajun seniors remembered fondly their last home game. Rain and lightning never arrived but turbulence did in the form of the Appalachian State Mountaineers.
Even stranger than the Republican Party’s decision to hold a “unity rally” earlier this month for Congressman Bill Cassidy in a Baton Rouge bar, Huey’s Bar, was the fact that the establishment was named after Louisiana’s most famous Democrat.
Bar Code is not a gay bar.
After failing to pass a medical marijuana bill last year, state Sen. Fred Mills, R-Parks, is telling supporters he will return in 2015 with legislation that focuses on different applications like oils and pills.
Voters, obviously, are not yet tuned into the 2015 ballot, despite the intriguing races it will host.
By now, the story of how longtime LSU coach Dale Brown discovered Shaquille O'Neal has been told many times: Brown happened upon a massive 13-year-old at an army base in Germany, stayed in touch with him and eventually became like a second father.
Fate simply wasn't ready to give the New Orleans Saints a break from longtime nemesis Steve Smith.
Lafayette Police have had a busy day.
Gov. Bobby Jindal's administration will use $130 million in patchwork financing from a tax amnesty program, insurance settlement, uninsured motorist penalties and other excess funds to close most of the state's midyear budget deficit.
Democratic U.S. Sen. Mary Landrieu said she disagrees with President Barack Obama's actions on immigration, hoping the latest controversy doesn't worsen her campaign difficulties.
Gay-rights advocates challenging Louisiana's same-sex marriage ban announced Thursday that they have asked the U.S. Supreme Court to review their case before it is heard by a federal appeals court.
Thinking himself the “son of God,” the man charged with the 2013 killing of an officer of the Chitimacha Tribal Police will not stand trial following a ruling Thursday on his mental competency.
Either Saints coach Sean Payton doesn't want to tip Baltimore off as to who'll start in New Orleans' secondary on Monday night, or he really doesn't know yet.