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<br />,~ <br />State of~Colorado <br />Sept. 15, 1989 <br />I am submitting a revised draft of the reclamation cost in the <br />amount of $895,680.00. The only changes are wage rates, adjusted <br />to the $10.00 rate we day employees, elimination of contractors' <br />profits, and elimination of job foreman hours. We feel these <br />changes are realistic interpretations of actual reclamation <br />conditions. No changes were made for equipment ownership costs <br />vs equipment rental costs, however, we suggest that these rates <br />should be adjusted to ownership conditions. <br />Regarding our financial situation, Pueblo can expect no <br />assistance from our bank, Texas American Bank of Fort Worth, for <br />funding of additional bond coverage. Oakridge Energy, Inc. is <br />two-thirds owner of Pueblo Coal, Inc. You are aware Oakridge has <br />filed a $25,000,000.00 actual damages and $170,000,000.00 <br />punitive damages lawsuit against our operator, gas purchaser, et <br />al. This suit regards contractual claims: take-or-pay from 1984 <br />forward and underpayment of contract price from 1985 forward, as <br />-we71 as other grievances. The contractual claims are almost <br />certain to be decided in Oakridge's favor. The actual damages <br />for these two issues alone will be sufficient to service Oakridge <br />and Pueblo's cross-collateralized debt, guaranteed debt, taxes, <br />attorneys' fees, etc... The suit was filed November, 1986 and is <br />set for trial in January, 1990. Considering the continuances <br />granted to date and the Judges attitude, we expect the trial to <br />be heard no later than the Spring of 1990. our bank, as the <br />lawsuit has progressed, has been very supportive of Oakridge. <br />They have provided funding to Oakridge via a cash collateral <br />agreement to provide litigation costs and operating costs to get <br />us to trial. They can assist Oakridge only from its cash flow. <br />The cash collateral agreement allows the bank to determine the <br />usage of the funds. Pueblo would not be able to benefit from <br />Oakridge funds until the lawsuit is determined. At that time, we <br />expect both companies to be debt-free entities, aggressively <br />pursuing it's interests in the oil, gas and coal industries. <br />Enclosed is our check in the amount of $700.00 in payment of the, <br />civil penalty for violation C89-005. <br />We sincerely appreciate your working with us through the <br />prolonged period of financial reversal. <br />Present market conditions provide an enhanced opportunity for <br />coal sales. The upward trend of natural gas prices has made coal <br />more competitive in the energy market. We would like to resolve <br />the permit renewal issue so that we would have the opportunity to <br />bid for coal contracts as soon as possible. <br />