Laserfiche WebLink
<br />Nov. 10, 2008 <br />David H. McConaughy <br />Garfield & Hecht, P.C. <br />The Denver Center <br />420 Seventh Street, Suite 100 <br />Glenwood Springs, CO 81601 <br />Dear Mr. McConaughy: <br />On Nov. S, 2008 we presented representatives of LaFarge with a Demand for Compliance <br />of License Agreement per Para. 13 of the License Agreement: <br />limited to the failure <br />to perform its obligations under this Agreement, including but not <br />make any of the payments herein provided shall, at the election of the non-defaulting <br />party, constitute an event of default, and warrant termination of this Agreement- <br />defaulting party shall have thirty (30) days after receipt of written notice to cure or <br />commence to cure such default. <br />That does not spell out any self help conditions or any other attorney(?) requirements it <br />just states written notice. That is what we have been forced to do since all efforts to <br />remedy these situations have fallen on deaf ears. So bear with us as we offer the <br />explanations for our written notice. <br />1 Reclamation - It will be three years since there has been any production at the <br />. <br />Mamm. Creek Pit, Phase 1 which is the property owned by us. We were told that <br />our pit would be complete and reclamation complete before L Fa ge ou taond <br />any other phases. That did not happen. The adjac it Property <br />hen LaFarge started work <br />reclaimed before reclamation barely began at our p <br />on the North Bank Pit which would require a conveyor across the Colorado River <br />to our property. During most of this time activity at our pit was nonexistent. In <br />January, 2008 we signed the License Agreement after lengthy discussions with <br />Eric Reckentine. In February Jim spoke with Eric and/or Dan Knoxans d to <br />fencing, getting started on bringing in top soil for the landscaping, o ing, tamarisk turned on. <br />spraying or removal. For 4 months the pump setting tl <br />Then another pump was brought in and started draining the lake. In May we <br />called to inform Eric that our granddaughter was getting married at the ranch and <br />he said no problem the work would be done and it would look nice. Didn't <br />happen. More excuses. <br />Finally top soil hauling started after repeated calls to Eric and D trying to <br />and <br />ascertain when work was going to start and why they were letting the little <br />shrubs die from no irrigation. In August, the month of the wedding, brought m <br />work was done on top soil/landscaping. In September a company was <br />to scrape the bottom of the lake to get product to fill in the wetlands. The product