Chapter 5 - Contracts

He that speaketh truth showeth forth righteousness: but a false witness deceit. There is that speaketh like the piercing of a sword: but the tongue of the wise is health. The lip of truth shall be established for ever: but a lying tongue is but for a moment.

Proverbs 12: 17-19

(Editors note: Unless specified otherwise, the use of the terms “Derosas” or “Derosa family” are in reference to Pete Derosa and his family. Tom Derosa is of no relation to Pete Derosa.)

During September 2001, the Forbes were under contract to purchase the land which contained part of the Brown Dirt Allosaur from their neighbor and silent partner, Dave Hunter. The Forbes were working out the details, one of which was to obtain a clear title. On Friday September 21, 2001 Mr. Hunter called the Forbes to tell them he was unable to get a clear title to sell the back acreage of his property without refinancing. Mr. Hunter was unwilling to refinance his property, but was willing to work out the sale if the Forbes could find another way to go about it.

When Joe Taylor visited the Forbes land in September of 2001, he planned to show AiG and CSI the possibilities for the sites and do no excavation. However, because Peter and Mark DeRosa undercut the allosaur, Mr. Taylor had no choice but to organize an emergency dig. The dig team removed 12 feet of the allosaur’s spinal column by September 22.

The Forbes told Pete DeRosa right away that they were unable to buy Dave Hunter’s land. Pete DeRosa told the Forbes he wanted to tell the involved parties himself at a time he thought was most providential. The Forbes hoped that it would be early on because they felt that it was important for the parties involved to know about it during the process of viewing the land.

The Forbes explained that: “We kept getting more and more uncomfortable because Pete never said anything. We thought; ‘When is he finally going to explain things to them so that we can discuss freely what is going on?’ It is ironic that at the same time I was operating under a lot of stress about blowing it by saying something. It wasn’t until just before the meeting with everyone in the dining room that it occured that Pete might not say anything before negotiations and contracts were signed. We became aware of this because Pete confronted us about Dana’s dad spilling ‘the beans, right and left’.”1

Pete DeRosa was referring to the Saturday September 22nd visit from Dana’s father, who stopped by the dig site and told everyone that the Forbes’ deal with the Hunters had fallen through. The Forbes continue “In conclusion, it was always our intention that they would know sooner than later about the snafu, but we did not know what our place was in announcing it and we trusted Pete. Obviously, Pete was not trustworthy in producing the truth in a way that would have facilitated a good working remedy to the problem that had come up, and it left us looking less than honest–which of course was INFURIATING.”1

That same day, Mike Zovath, Vice President of CSI, Pete DeRosa, Dana and Brenda Forbes met in the Forbes dining room to discuss the arrangement between them. By this time, the Forbes believed it would be unethical not to tell Mr. Zovath and Tom what was going on with the land before they made a financial commitment. Mr. Forbes told the group that his neighbor, Mr. Hunter, owned the land that part of the Allosaur was on and assured them he would be able to purchase the property from him. Zovath was visibly troubled by the news, and the Forbes regretted they hadn’t told him sooner.2

In spite of all this, Mike Zovath, representing AiG signed a lease option agreement with the Forbes and CSI. The Forbes were given $2,000, drawn from AiG funds which satisfied the terms of this lease. This non-refundable sum provided for a 90-day lease with two 90-day renewal options.3

Pete DeRosa was the CSI Board approved Field Director for this project. Tom DeRosa trusted Pete DeRosa to handle negotiations and communications in the interest of CSI with the involved parties. Both CSI and AiG believed Pete DeRosa was working for CSI. They did not know Pete DeRosa had already entered the project representing himself as an independent contractor.

Joe Taylor was not invited to this meeting. The Forbes were perplexed that Taylor did not come into the meeting. Taylor waited at his trailer and wondered why he wasn’t invited. He finally decided to risk being rude and invited himself, but by this time the meeting had ended. He did not understood why, but he continued to trust those with whom he was working.4 Taylor received $2,000 as agreed upon from CSI to cover his expenses. Pete DeRosa did not share with the Forbes that CSI paid Pete DeRosa’s expenses as well. The Forbes “thought Pete was carrying his own expenses.” The Forbes did not know that CSI was investing financially in the project at this time.2,5

Back on August 21 and 22, 2001 Pete DeRosa emailed to the Forbes and Joe Taylor a contract between Taylor, operating as Mt. Blanco Fossil Museum, Pete DeRosa, operating as Creation Expeditions and the Forbes called “Agreement for excavating dinosaur bones at Dana & Brenda Forbes site.” This Mt. Blanco/Creation Expedition/Forbes contract stated the Forbes would receive 10% of the final sale of all bones acquired from said location and the remainder would be paid to Creation Expeditions and Mt. Blanco, 45% to each. Dana and Brenda Forbes were to receive $6,000 at the signing of this agreement. Joe Taylor was to receive unlimited access to the site for future work.6,7

On August 29, 2001 the Forbes wrote to their uncle, the lawyer assisting CSI with the Forbes project, that they felt at the time the agreement was first discussed that Pete DeRosa was a representative of CSI. They stated they remember though that Pete DeRosa indicated that if CSI was not able to back the project, maybe others would. They were unsure of the details, but felt it was going to be three-sided: The diggers (Joe Taylor), the backers (CSI through the efforts of Pete DeRosa and Tom DeRosa), and the Forbes as landowners. The Forbes stated “We were extremely disappointed that the September dig has most likely had to be cancelled.” The Forbes don’t think anyone ever saw this letter besides their uncle.”((Letter to Dana’s uncle, August 29, 2001))

During the August 30-September 2 AiG seminar, Tom DeRosa proposed the Dragon’s Den Forbes plan to Buddy Davis and Mike Zovath and to the rest of the AiG board. Pete DeRosa did not mention the agreement he had transmitted to both the Forbes and Joe Taylor on August 21 & 22 to either Tom DeRosa or Mike Zovath, nor did he tell them that he had recieved $6,000 from Angela Hudson to help the project go forward.

In late August or early September Pete DeRosa called the Forbes from a creation conference where he was hooking up with AiG. This is the first the Forbes heard of AiG’s involvement. Pete DeRosa was frantic and claimed that Tom DeRosa had called him and was threatening to cancel the September dig. Pete DeRosa told the Forbes that he, Pete DeRosa, had these people from AiG lined up and they were willing to come out and look at the property in September. Pete DeRosa said if Tom DeRosa cancelled the dig they would all look like fools and no one will want to come out here again. Pete DeRosa did not tell the Forbes that AiG was Tom DeRosa’s contact or that Tom DeRosa was with him at that creation conference presenting the Forbes “Dragons Den” business plan to the AiG board.2,8,5

On September 22, 2001 the Dragon’s Den (Forbes) Lease Option Agreement was executed between AiG, CSI and the Forbes. During this five-year lease, AiG and CSI would own all fossils discovered or removed from designated and established dig sites on the property during the term of the lease. The Forbes would be paid 10% from sale of fossil specimens, or the castings of such specimens.

Mike Zovath stated in an e-mail 6-4-04; “Our lease option was with the owners of the property, the Forbes family, and with our potential partners in the project, CSI. We never had any dig contract with Pete because I assumed all along that he was the CSI field site rep and would be bound by the AiG/CSI/Forbes agreement…”

TIMELINE

  • On August 1, 2001 Pete represented to Angela Hudson the urgency of getting funds in the amount of $6000.00 to the Forbes immediately or the whole lease option agreement with the Forbes will be lost. Angela offered to write the check. Pete advised her that it should be written to himself, rather than CSI, because that would facilitate getting the money to the Forbes in time. Angela Hudson wrote a check to Pete DeRosa which Angela stated was to secure the CSI/Forbes dig proposal. In Pete’s affidavit filed on 3-12-03 that the check was to launch Creation Expeditions.
  • On August 21 & 22, Pete DeRosa transmited by e-mail a contract between Joe Taylor/Forbes/Pete DeRosa called “Agreement for excavating dinosaur bones at Dana & Brenda Forbes site.”
    1. This agreement gave the Forbes 10% of the final sale of all bones acquired from said location.
    2. The remainder (or 45% each) was to be paid to Creation Expeditions and Mr. Taylor’s museum.
    3. Dana & Brenda Forbes were to receive $6,000 at the signing of this agreement.
    4. Joe Taylor was to receive unlimited access to the site for future work.6<,7
  • On August 24, 2001 Pete DeRosa delivered Angela’s Hummer to Indiana on the way to AiG conference in Kentucky and was re-imbursed $1,000. 9
  • On August 29, 2001 Dana Forbes wrote a letter to his uncle telling him the history of the site. (This is the lawyer friend of Westminster Academy.)
    1. Forbes wrote that Joe Taylor would be the project director, coordinator, paleontologist….
    2. Forbes felt at the time that Pete DeRosa was a representative of CSI. Forbes remembers though that Pete indicated that if CSI was not able to back the project, maybe others would…
    3. Forbes was “not sure how the details were going to be worked out, but it seemed like it was going to be three-sided: The diggers (Joe Taylor), the backers (CSI through the efforts of Pete DeRosa and Tom DeRosa), and us as landowners.”10
  • On August 30, 2001 - September 2, 2001 - Tom DeRosa, accompanied by Tom Rabolli, a CSI staff member, traveled to the conference in Kentucky and met up with Pete DeRosa there. Tom DeRosa had made contact with Mike Zovath and asked him if AiG would be interested in joining CSI in a project of excavating Dinosaurs in Colorado. Tom explained the connection with Dana Forbes who owned property in Colorado and taught with Tom at Westminster Academy. At first Westminster Academy under the direction of Tom DeRosa and the Headmaster, Dr. Ken Wackes was going to lead the funding and ownership of the project. A lawyer was contacted, a friend of the school and an uncle of Dana Forbes, who was asked if he would help. He instructed Tom and Dr. Wackes on August 29, 2001 that it would take a year to do the research for this project. Tom DeRosa told Pete DeRosa about the lawyer’s recommendation and suggested CSI postpone the dig until all the research was done. Pete DeRosa said that would cause great hardship to Dana and Joe who have made arrangements for the excavation. Tom DeRosa asked Pete DeRosa to call Dana Forbes and see if he could wait. Pete DeRosa called and related that Dana could not wait and would seek others to take our place. Tom brought these concerns to Mike Zovath and Buddy Davis. Mike offered the use of AiG’s legal team to expedite the research. The AiG legal team helped write the AiG/CSI/Forbes lease option that was presented on September 22, 2001. Mike Zovath invited Tom to the AiG Board of Director’s meeting in which Tom presented the project to the Board. Pete DeRosa tagged along and set up the bone display. Pete was not part of the negotiations with AiG.11 Pete DeRosa did not tell Mike Zovath or Tom DeRosa that he had sent a contract representing Taylor/Forbes/Pete DeRosa to both Joe Taylor and the Forbes inserting himself and his own ownership in the bones on August 21 & 22, 2001.
  • About Pete’s call to the Forbes from AiG conference: The Forbes shared that Pete DeRosa called them the end of August or beginning of September. Pete DeRosa told the Forbes he was at a creation conference and he, Pete DeRosa, had hooked up with people at AiG. This is the first Forbes heard of AiG’s involvement. Pete DeRosa claimed Tom DeRosa had just called him and was threatening to cancel the September dig. (Neither Tom DeRosa, nor Mike Zovath nor Joe Taylor were planning on a dig in September. It was to just be a visit.) Pete DeRosa told the Forbes that he (Pete) had these people from AiG lined up and they were willing to come out and look at the property in September. Pete DeRosa sounded frantic and he told the Forbes if Tom DeRosa cancels the dig they would all look like fools and no one would want to come out here again. Pete DeRosa claimed to the Forbes that AiG was his contact. Pete DeRosa did not tell the Forbes AiG was Tom DeRosa’s contact or that Tom at that creation conference presenting the “Dragon’s Den” business proposal to the AiG board.2,8,5
  • On September 16th, 2001, Dana Forbes contracted with Dave Hunter to purchase the back acreage of his property, where the allosaur site crossed their property lines. Dave Hunter had been a silent partner with Dana involving the dinosaur tours on their land.
  • On Friday, September 21, 2001, Mr. Hunter called the Forbes to tell them the deal was off. He had found that he would have to refinance in order to sell the back acreage and to obtain a clear title, and he was not willing to do that. Dave was however, willing to work it out if the Forbes could get around the refinance situation.
  • Pete DeRosa asked the Forbes not to say anything to anyone about the Dave Hunter property problem, stating that it would just cause confusion. Pete DeRosa also told Brenda Forbes that Tom DeRosa was aware of the situation. Pete DeRosa explained that he would explain everything to them later. The Forbes didn’t feel comfortable with this decision, but as Pete DeRosa was the one they thought was in charge of getting the project funded, the Forbes allowed it to stand while waithing for Pete DeRosa to make things right.
  • Before the September 22nd meeting, Dana’s father, a realtor, stopped by and told everyone that the Forbes deal with the Hunters fell through. The Forbes worried that AiG may have felt that they weren’t being upfront with them about the property. Up to this time, AiG hadn’t known that the Forbes didn’t own the land the allosaur was located on. By the time all the parties came together, the Forbes believed it would be unethical not to tell Mike Zovath and Tom DeRosa what was going on with the land before they made a financial commitment. Dana Forbes told them that his neighbor, Mr. Hunter, owned the land that part of the allosaur was on and assured them he would be able to purchase the property from him. Mike Zovath was visibly troubled by this news, and the Forbes regretted they hadn’t told him sooner.2
  • In spite of all this the Forbes were given $2,000, drawn from AiG funds, for a lease option agreement with Dig partners AiG and CSI. This non-refundable sum provided for a 90-day lease with two 90-day renewal options. Mike Zovath signed the papers for AiG. According to this lease the $2,000 satisfied the terms.
  • On September 22, 2001 the Dragon’s Den (Forbes) Lease Option Agreement was executed:
    1. The lease option agreement was for a five year lease
    2. AiG/CSI would own all fossils discovered or removed from designated and established dig sites on the property during the term of the lease.
    3. The Forbes would be paid 10% from sale of fossil specimens, or the sale of castings of such specimens.
  • At this time the Forbes “thought Pete DeRosa was carrying his own expenses” on the September 2001 dig.2 CSI paid all Pete’s expenses for the September 2001 dig.
  • At this time the Forbes thought that Joe Taylor was coming to help sell this site to CSI and AiG. The Forbes did not know that Joe received money from CSI.2 CSI paid Joe $2,000 to prepare the site.
  • At this time the Forbes “had no knowledge of any of CSI’s expenses“paid out for the September 2001 dig.2
  • Mike Zovath stated in an e-mail 6-4-04; “Our lease option was with the owners of the property, the Forbes family, and with our potential partners in the project, CSI. We never had any dig contract with Pete because I assumed all along that he was the CSI field site rep and would be bound by the AiG/CSI/Forbes agreement…”
  • Joe Taylor did not see a copy of this lease until much later.
  1. 6-13-07 email Brenda Forbes to dinodeception.com[↩]
  2. 2003 Forbes letter to Ed Watt[↩]
  3. AiG/CSI/Forbes Dragon’s Den Lease Option Agreement[↩]
  4. Joe Taylor’s testimony[↩]
  5. Video interview with the Forbes[↩]
  6. Taylor-Forbes-DeRosa contract[↩]
  7. Norris letter to Don Hart 2-26-03 p 2 speaks of same document as September 22[↩]
  8. 3-8-02 letter to attorney in Grand Junction.[↩]
  9. Pete DeRosa affidavit[↩]
  10. Letter to Dana’s uncle, August 29, 2001[↩]
  11. Email from Tom DeRosa[↩]