2013-10-22_REVISION - M2001085 - Laserfiche WebLink

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�, 20J(_0f5 GSL/BRUSH LLC, an Illinois limited liability company 4131 S. State St., Chicago, IL 60609 P: (773) 251 -2269 / F: (773) 548 -2608 / E: JimN @loebfinancial.com October �U, 2013 OCT 2 2 2013 Division of Reclamation, Mining and Safety Dept. of Natural ResourcesT101V 1313 Sherman St., Room 215 Denver, CO 80203 Re: Demonstration of Right to Enter for Successor Operator Application Permit: 120'x` Estates Partners Site (M -2001 -085), and Approval Amendment 6 (AM -06) To Whom It May Concern: The undersigned, being the authorized representative of GSL/Brush, LLC, the current "Permittee" under the above - referenced Permit is providing this letter in connection with 120 85, LLC's submittal of a Successor Operation Application seeking to transfer the Permit to 120 85, LLC as the Prospective Successor (the "SO Application "). Pursuant to the Special Warranty Deed recorded on July 16, 2009 at Reception No. 2009000052255 of the Adams County real property records, GSL Brush, LLC is the current owner and Landlord of the real property which is subject to the Permit' (the "Property "). 120 85, LLC is the Tenant in possession and control of the Property, with an option to purchase same pursuant to a written Lease and Option to Purchase dated July 26, 2012, as amended by that certain First Amendment dated October if, 2013 (collectively the "Lease "). Pursuant to the Lease and as evidenced by the enclosed executed Assignment and Assumption Agreement, as well as the undersigned's duly acknowledged signature appearing below, GSL Brush, LLC hereby states and affirms that 120 85, LLC has full legal right and authority to enter the Property and to submit the Application as the Prospective Successor for the Permit. Please also let this serve as Permittee's request for the return of the financial warranty (cash bond) currently in Permitee's name, upon the acceptance and approval of the financial warranty being deposited by 120 85, LLC. Permittee's completed Form W -9 is enclosed herewith for processing this request. ' The Property is legally described as Lot 1, Corrigan Subdivision, Except that portion conveyed to the County of Adams, State of Colorado by Warranty Deed recorded August 6, 2003 at Reception No.C1188505, and Except that portion conveyed to the County of Adams, State of Colorado by Special Warranty Deed recorded May 11, 2011 at Reception No. 2011000030387, County of Adams, State of Colorado, a/k/a 10925 East 120' Avenue, Henderson, Colorado.