& Kelly - Written Agreement To
Correct Platinum Properties Original Thrasher Engineering's Fence
Supported Lateral Support
In 2003, I spoke with this same Cincinnati
Platinum Properties reluctance to correct Thrasher Engineering's
lateral locust post, grid fence line support area,
agent informed me that Cincinnati
Insurance was not going to insure
any further development for Platinum
Properties until they agreed to fix the area. I informed the
that I offered Rich Lane the use of
our property, without financial consideration.
It did not make sense to him either why they would not correct the
A meeting was held at Jackson and Kelly's office in Morgantown, WV.
My wife, JD and I attended. Platinum
Properties and Cincinnati
Insurance Company's counsel, along
agents were also present.
(At the time, I was losing my vision and we did not
know the cause).
Attorney Eric London for Platinum Properties
provided a figure that their Engineer said it would
cost to repair the area without the use of our property.
(It was not until a year later that I learned
that their Engineer had not put forth such figures).
Company took the lead.
They agreed to correct the area; build a support wall and divert the
drainage away from us and to the rear of Building B, (109 Platinum
Drive), and leave an
was to be completed by September of 2005
main concern: We had been planning to construct a building and had already been delayed two years. However, the building would be directly
below this area, as we we wanted to
its construction this spring (2005).
Thus; all was agreeable.
on JD went over the agreement. I wanted to see Platinum Properties
Engineering plans for the retention wall. This
should have been readily available if Platinum Properties Engineer had
already stated the figure to correct the area. Their figure could only
come after reviewing at least two engineering plans. One with the use
of our property, another without the the use of
our property. JD informed us that you would have to give them lee-way to correct the
area. When they did correct the area, they would have to build the
to City of Bridgeport specifications.
We signed against my every instinct and we, along with every one else
would pay a steep price.
Permanent correction to
the area was to be completed by September 30, 2005.