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• Steve Renner <br />Kent Gorham <br />August 26, 1992 <br />Page -2- <br />Division consider a modification to the Agreement which would change the retained amount <br />to $25,000 in order to allow Rockcastle to proceed with contracting and get the work under <br />way. The primary rationale for the request was that the bid reflected considerable <br />reclamation work which was not and could not have been specifically contemplated in the <br />original Agreement, and that the potential work which could remain after the bond <br />forfeiture could be handled with the $25,000 retained by the Division under such a <br />modification. <br />In our subsequent telephone conversations, I understand that the Division has <br />reviewed the additional information in light of its on-site investigations and has determined <br />that such a modification of the Agreement is acceptable. Under the provisions of Paragraph <br />IX. of the Agreement, modifications of the Agreement require the written consent of the <br />Division and Rockcastle. This letter is written to confirm your agreement to the <br />modification. I have enclosed a short document which establishes the modification of the <br />Agreement. Please have the enclosed document executed and returned to me as soon as <br />• possible. As I mentioned on the telephone, Rockcastle intends to proceed with the <br />contractor on the strength of your verbal notification that the Division agreed to the <br />modification. Therefore, if you have any questions or concerns regarding the enclosed <br />document I would appreciate your contacting me immediately. Thank you. <br />Very truly yours, <br />PARCEL, MAURO, HULTIN & SPAANSTRA, P.C. <br />Dean R. se <br />Attorneys for ockcastle Company <br />DRM:zm <br />Encl. <br />cc: D. MacDougall, Esq. w/enc. <br />1 <br />