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State of Colorado 2 <br />Division of Minerals and Geology ,- - July 25, 2003 <br />Atten: Tom Schriener <br />I refer specifically to page 7 of the "Purchase and Sale Agreement" which was received <br />by your office on April 17, 2003. In pazagraph 5.2, entitled "Litigation Contingency," <br />the agreement between LaFarge and the Mores states: <br />"The Litigation constitutes a cloud on Seller's title and on Purchaser's rights under this <br />Agreement." <br />In sum, based upon the information submitted by LaFazge, it still appeazs that LaFazge does not <br />have a cleaz contractual right of entry. It appeazs that such right of eritry is sfill limited bythe <br />pending claims of a third-party. <br />In summary, my clients object to the proposed industrial gravel, concrete and asphalt operation <br />for a number of reasons, but particularly those itemized above, in relation to your office's <br />consideration of the LaFazge application. Thank you for your consideration of these comments. <br />Sincerely <br />/'~~ <br />"'tK. <br />Richazd Tremaine <br />/~ _~ <br />cc: Jane and Ervin O'Dell Computer Corporation <br />Cheryl Linden, Department of Law, State of Colorado <br />Claudia Engehnann, Water Resources Engineer <br />JRT/kd <br />