A complaint for a restraining order and injunctive relief against the original owners of the Tedi of Samoa Building and Fagatogo Square has been filed in the High Court.
The plaintiff is Avapui II which bought the buildings from Bill and Apoua Tedreck.
The complaint filed yesterday in the Trial Division by attorney Matailupevao Leupolu states that Avapui II and the estate of Bill Tedreck through its administrator Mrs Apoua Tedreck has been negotiating a final purchase price of the Tedi of Samoa Building and were close to finalizing a deal.
On or about February 2018, the attorney for Avapui II wrote to the attorney for the Tedrecks, David Vargas advising him that there have been past modifications of the obligation which the Tedrecks as the lender are only classifying as “accommodations” and are now refusing to take into account.
The complaint says one of these modifications was a memo from the Tedrecks on February 13, 2013 in which the payment amount was changed to $16,000 per month.
Prior to that there was another modification where the payment was reduced from $20,000 to $18,000.
Says the complaint, “The fact that there have been payment modifications made which the lender is not now acknowledging is significant in this matter.”
It also states that the last correspondence from Avapui II to the estate of Bill Tedreck was a counter offer for $1 million but but it never received an answer or any counter offer.
The complaint also states that the lease agreement that the Tedrecks have from ASG initially ran from December 11, 1987 to January 10, 2017 and is renewable for an additional 25 years, provided written notice of a request to renew is give six months before the December 10, 2017.
Plaintiff Avapui II states that it sent a notice through attorney Sharron Rancourt to renew the lease even though the lender was to initiate the renewal of the lease with ASG.
“But if the lender did not act properly then the defendants have no right to now act as if they have rights in the property sufficient to allow them to foreclose against Avapui II,” argues Avapui.
According to the complaint, Tedrecks have not followed the lease agreement with ASG in that they have not given the government notices of any encumbrances that they have allowed to be recorded against the property,
It says a section of the lease between ASG and the Tedrecks requires that the lender give the government notices of any encumbrances that they have allowed to be recorded against the property. This means the lender has to give the ASG notice of the Deed of Trust that they took from Avapui Ii.
The complaints says if the Tedrecks as the lender goes through with foreclosure or interfering with some of the tenants of the Tedi of Samoa Building and demand that they make their monthly payments to them, they have violated Section II of the lease and unless they have given ASG notice of what they are now doing, they have violated section 15 of the lease.
Avapui asked the court to restrain the defendants from collecting the rents from tenants of Tedi of Samoa , and also from taking foreclosure action against Avapui II.
It also asks that the court stop attorney David Vargas and Archie Leoso, acting on behalf of the Tedrecks from going to the Tedi of Samoa Building and interfering with tenants by locking their doors and demanding that they pay their monthly rentals to them.
