SR 05:069B - Laserfiche WebLink

work. wrote the deed instruments. In the Reciprocal Road Easement Agreement item 3a states: 'Bachs and Bozorgzads are each responsible for half of the ¢os't o~ ins~alla~tion of 'the roadway. By separate agreement, Bachs and Bozorgzads have each made arrangement with Greebriar Homes for their respective shares of the cost of roadway installation" (please see attached B & C). The agreement made for our half of the cost of installation was made with Greenbriar Homes/Sycamore Funding Development Company, not the Bozorgzads. It is our understanding that Mr. Bozorgzad was not pleased with his end of the negotiations with Greenbriar Homes and felt that he could build the road for less than what they proposed. Our cost was retained by Greenbriar Homes in our negotiations with them (as previously stated). Per our contract with Greenbriar any costs exceeding the negotiated amount was to be reimbursed to the company (see attachment B hand written note (2) page 1). When we knew that Greenbriar was not building the road, we retained the services of William F. Bums, Esquire in order to get our monies returned to us. Mr. Bums spoke with the Project manager of Sycamore Funding Development Company, who in mm sent us a letter dated November 10, 2000. The letter stated, "Even though we are not in the field supervising the current construction, Sycamore Funding Development Company, Inc. did fund the project, and we used the money that was withheld from you to help share in the costs of improving your property"(see attachment D). Also, Mr. Bums sent us a letter dated December 7, 2000 stating "I spoke with Mr. Rieser of Sycamore (Greenbriar) early this week. He advised that your portion of the roadway was paid to your neighbor under the agreement between themselves. I also had a pleasant conversation with your neighbor Hess and he confirmed your discussion whereby he is assuming all costs oftbe roadway. Although he would not discuss terms of his agreement with Greenbriar, he did confirm that the money he received from same was for the roadway and he perceived it as his own" (see attachment E). Mr. Bozorgzad had always said that he would assume all costs of the road and he assured me that he appreciated our sharing in the land loss for the roadway and pathway. He also said he would have had to do all this with or with out my help. He told me that we owed him nothing and he was only glad to have such a good neighbor. At the time, my wife and I had a very amicable relationship with Mr. Bozorgzad and he appeared to be an extremely generous man; little did we know about the truth. Never once did Mr. Bozorgzad ever mention or even imply that he had received our monies from Greenbriar. As a matter of fact, when we mentioned that it didn't seem fair that he would be covering the entire cost of the road and that we would try to recover the monies set aside for our half of the cost, I recall Mr. Bozorgzad suggesting that it would be a futile attempt. Please consider the following facts when recommending actions regarding our pending PUD minor subdivision. The following timeline shows costs incurred by us for the new roadway in addition to our agreement with Greenbriar: 3/29/2000-9/18/2000 - My wife and I paid Peter MacDonald $1,157.94 to represent us on this roadway and pathway agreement. Now we hear that he may choose to represent against us on some issue regarding the pathway. Sounds rather unprofessional not to mention unethical, slight conflict of interest (see attachment F, sample billing). 10/1/2000 - I wrote a letter to Greenbriar requesting the return of our $27,300.00 plus interest since Mr. Bozorgzad is now paying for and building the roadway himself. 10/23/2000 - My wife and I paid Alexander& Associates, Inc. $475.00 to design sewer and water laterals so that they could be installed before the new roadway was built (see attachment G). 10/31/2000 - My wife and I paid Durango Pipeline, Inc.$7,972.41 for the installation of the three water and sewer laterals for our lots (see attachment H).