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How did this Agreement come to be?    What was the chronological history behind its writing?

The absolute beginning was in August 2011 when I realized that I had two Executors (one man and his wife) as primary Executors, and a backup of a close friend living in New York City who would be hard pressed if he had to move here to administer my Estate.  Also, he was too close to my own age (as I had just recently noticed that most of my age-contemporaries were dying or becoming health-related-dropouts).  So, I contacted my old friend, Andy Blair, who told me (see our emails for verification of this and other information shown on these Evidence webpages - see especially the emails around the end of August 2011), who told me she was so happy and honored to be considered becoming an alternative Executor.  We talked and laughed and agreed to move forward with the various details.

During the subsequent months, I became aware of Andy's seemingly genuine interest in my health and my Foundation.  I also became aware of Andy's financial difficulties.   Since our renewed friendship had blossomed to the point where, at least I believed, we trusted each other completely, I was most pleased when Andy offered (as a friend helping a friend) to be something to me similar to what she was to Toni Gerez (who was a 90-ish woman that both of us knew back in or around the year 2000).  Conversations continued and Andy also realized that my first Executor was a healthy 60-ish man and he would most likely outlive me and therefore, although I had already changed my Will and Trust and other estate papers to make Andy the backup Executor to the primary Executor, Andy would probably not succeed to that post as the primary Executor would probably be alive and well and ready to serve when I died.  But, since Andy had expressed interest in my Foundation, we discussed the alternate possibility of her, the young, idealistic, honest, ethical, and trustworthy Andy, succeeding me when I either died or became too disabled to carry on my responsibilities.   Around that time, we also started thinking about how Andy's financial difficulties could be solved if she got some help from someone.

Andy owed Visa $25,000usd and was paying 20.99% interest on it, the latter causing her even more hardship.   I volunteered to help her solve the problem, and we started discussing how to do this.  We both agreed that an outright gift from me to her was inappropriate and also that a loan would not be a good idea for an even greater variety of reasons.  We then both agreed that the only other method available was for Andy to be paid for services that I would critically need in the future. We agreed that I would pay Andy for these critical services by both providing professional consulting services in solving her financial troubles plus $25,000usd "to boot" (which means "in addition").  And so, we orally agreed to this.

Next, because Andy had been devastated and lost a great amount of both money and trust in people as a result of her being taken advantage of by a combination business and romantic partner (someone she always referred to as her "ex-"), I found out that all she had to support this arrangement with him was an oral agreement.  I mentioned that with any agreement, an agreement in writing is always a better idea, even if it was only to remind the parties of what they promised each other.  Andy agreed and I started to write up an agreement encompassing all that we had already agreed to.  Now that I look back on it, I see that the agreement was poorly written (and really quite sloppy) because I was more concerned about protecting her interest than in protecting my own (foolishly, I was so sure that Andy was trustworthy, etc.) and I wanted to help re-build her trust in people.   In a Dec 8 2011 email, I submitted my draft of the Agreement to Andy asking her to supply some helpful ideas or edits as I again reminded her that it was written with her needs in mind.  I asked her to review it, this time with my needs in mind.  Andy OK'd the Agreement in her Dec 12 reply in which we acknowledged that this is a very serious agreement, and that we are about to sign it now, even after Andy's only criticism or edit (or result of her looking out for my needs of protection) of the proposed Agreement was to change her "also known as" name from "xoAB" to "Andy".

The agreement (at least from my point of view) was always intended (see our emails-all around December 8th - pre-signing) mainly to protect Andy (and I never dreamed that I would need it to protect me from her - the most honest and ethical and trustworthy person I knew - after all, hadn't I already agreed to trust her with access to my house, my health and my life in my last days, and to my Foundation's entire endowment of us$3,200,000 or more).  Accepting Andy as so trustworthy was a vastly bad decision based upon an assessment by me of her at that time. Although ANDY KNOWS THE REAL TRUTH, NOW SHE IS PRETENDING that the $25,000usd was a long-term, non-interest-bearing loan and that the financial counseling that helps her by improving her financial situation EVERY YEAR to the tune of another additional $24,813usd every year from this year on was just something that she deserved as a gift to her.  All of this was to be hers WITHOUT providing the services for which she had given me an  "iron-clad guarantee" in addition to the signed written Agreement that she would perform.  What I could never understand, even through today, was that Andy repeatedly said that she needed my respect but re-paid the respect I had given her with non-respect of all that I had accomplished for her to make her life so much easier and better (and this equality evaluation of the "this for that" (consideration) part of the Agreement was made even before she decided to "keep the benefits" and ignore her obligations, more than a little bit of additional disrespect on her part). 

The agreement was poorly drawn and mostly intended to protect Andy, but since I paid Andy (and did most of the professional services in advance), I was not concerned since it was Andy trusting me and other people that was of greatest importance to me.   If you look closely at the Agreement, you will see items left over from the initial gift versus loan versus compensation concerns, and the emails also discuss that.  And I also saved my "Andy-cpm-notes.doc" (see the middle of the all other evidence webpage under the heading of "Point BY point CPM leading Up to Compensation Agreement & $25000 advance against this") notes regarding our discussions during the period prior to the signing of the written Agreement to back that up and remind Andy of the last meeting we had before the signing when the open items were discussed with that paper in front of both of us.

However, at that point, all was well.  Andy was ecstatic about what she already had received and the progress she was making with her new-found-toy (the use of spreadsheets, that I had taught her how and why to use) and we moved on.

We, the individuals who are involved in TPOTRFOMPW, have gathered all of the information that appears on the Andy Blair (and linked pages below it) webpages from conversations and other varied communications with Michael.  As a matter of fact, he was adamantly against our publishing any or all of it.  But we were too anguished by his constant reluctance to take actions quickly against Andy Blair as well as his continuing protection of her in spite of what she did to him.  We met often and argued often and finally overruled him and after publishing all of these pages, he finally agreed to at least read and comment on them and offer some major corrections and suggest many deletions, some of which we accepted.   As these thoughts and words now approximately, and to the best of our ability, reflect his own words, they remain worded "in the first person".  He also got us to eliminate certain things like the details and amounts on the budgets and the cashflow spreadsheets and we finally agreed that the "tops" of these documents were all we would publish at this time.  We feel strongly that he has been "taken" by a greedy and malicious and immature woman who professed to be completely trustworthy to gain his confidence and trust and then she turned around exhibiting nothing of what she was before he helped her out of her very serious financial mess.   Her true colors are now showing.  We even provide evidence, something she ignored in making her own wild accusations unsubstantiated by her own words in the many emails we examined.

written, edited, and uploaded (and password protected) by TPOTRFOMPW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Underpromise and Overdeliver”

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