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total of five lots, and runuing the stubs under the road to your property. You said <br /> you would share that cost with us. As the upgrade was designed and put in place, <br /> cost for these utilities up to the hammer head was $41,433 and run of services to <br /> my house was $4,509. Then you asked if you could pay for only two lots; <br /> therefore, half since you were not sure if City would allow you to have the third <br /> lot. You said when and if that happened you will pay for 3/5. I accepted, and you <br /> paid me for half of the cost to hammerhead $20,716.50. <br />· 31. At one point you mentioned that Green briar had held back $27,000 from you <br /> to pay for your portion of joint drive way improvement to your well. <br />· 32. You later on told me that they are not releasing that money back to you, and <br /> they are claiming that they paid it to me. <br />· 33. I told both you and your attomey that based on my agreement with Green <br /> briar I am not allowed to show you my agreement. However, no where in my <br /> agreement or discussion with Green briar there was any mention of money held <br /> back from you, and any portion of the my settlement was covered by it. <br />· 34. I do however recall, as you were very upset with the way you (for that matter <br /> ail of us) were treated by Green briar, specially regarding your $27,000 (which <br /> was originally going to be used to install the private road to the back of your barn. <br /> I told you not to worry since you were getting your driveway improvements <br /> anyway, especially since the cost of all the road improvements was well in excess <br /> of $200,000. You even asked me for a detail breakdown, and I showed it to you. <br />· 35. You said that you feel morally responsible for your portion of the cost of the <br /> improvements. <br />· 36. At that moment to make a friend (you) feel better. I said, and then when & if <br /> you feel obligated to pay me your portion you can deduct the $27,000 from it. <br />· 37. All along I did not worry very much about these gradual requests, and <br /> discussions, since I all along had in my mind your comment about "you children's <br /> college tuition, and not planning to do anything for 20 years." <br />· 38. In early 2001 you took a road trip on your new RV through western US. <br /> Upon your return few months later, you informed us that you are moving to <br /> Montana. <br />· 39. I asked if you plan to keep your property for a long term as you had <br /> mentioned before. <br />· 40. You said, you do not need to sell it, when and if you decide to do so, you <br /> believe we should buy it from you, since we did all the development here. <br />· 41. We told you we would love to have it. However, after completing our home <br /> we would not have the funds to do so. <br />· 42. Our home and ail the road improvements were done by December of 2001, <br /> except the Pedestrian path. As I was hoping to not to have to build it until we are <br /> ready to move fi.om our house. <br />· 43. Later that year you moved to Montana. <br />· 44. You asked me to become your representative, and run your property through <br /> PUD process. Since you believed, this way I can control what happens around all <br /> my improvements. <br />· 45. We really appreciated the gestures. However, I was so bitten up in our own <br /> process that I reluctantly accepted. <br /> <br />Page 3 <br /> <br /> <br />