Laserfiche WebLink
M lqr- /v <br />OTTENJOHNSON <br />ROBINSON NEFF+RAGONETTI,C <br />August 25, 2010 <br />VIA F.MAIL: PGANS*PGANS.COM <br />Phillip C. Gans <br />Phillip C. Gans, P.C. <br />2600 Colorado State Bank Building <br />1600 Broadway <br />Denver, CO 80202-4989 <br />Re: Lafarge Three Bells Permit for Veldman, Morgan and Gardner <br />Dear Mr. Gans: <br />JIM JOHNSON <br />303 575 7596 <br />JJOHNSON@OTTENJOHNSONCOM <br />This firm represents Lafarge West, Inc. ("Lafarge"), in connection with its activities occurring under that certain <br />Gravel Property Lease by and between Lafarge and Mitchell M. Morgan, David P. Veldman, Frederick Gardner <br />and Denise Gardner (collectively the "Landlord"), dated June 22, 2006, as amended (the "Lease"). The Lease <br />afforded Lafarge the opportunity to participate in the development of the grading plan (the "Grading Plan") <br />currently before the Larimer County Flood Review Board, yet that did not occur. Based on Lafarge's review of <br />the Grading Plan, it appears to be contrary to Larimer County and State of Colorado mining permits currently <br />issued to Lafarge, as well as other pertinent Lease provisions. In addition to changing the nature of the grading <br />and reclamation activities originally contemplated under the Lease, the Grading Plan may result in costly and <br />time-consuming endeavors necessary to amend relevant permits. <br />Through the Grading Plan, Landlord instituted changes to the Lease. In accordance with the Lease terms, all <br />costs required by those changes are the Landlord's responsibility. Such costs include without limitation those to <br />be incurred by virtue of amending necessary permits, together with necessary earthwork and reclamation <br />activities not contemplated by the Lease. Lafarge cannot support the Grading Plan at this time without the <br />Landlord's commitment to pay all applicable costs and to adhere to a reasonable schedule for implementation. <br />If you have any questions or comments, please do not hesitate to contact me directly at 303.575.7596. <br />950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 E 303 825 6525 OTTENJOHNSON.COM <br />DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS