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DAVID S. WILLIAMSON <br />WILLIAM P. HAYASHI <br />MARY LYNN BENHAM <br />Michael A. Cunningham <br />State of Colorado Division of Reclamation, Mining and Safety <br />Dept. of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO <br />Re: Goose Haven Reservoir #2; DRMS File No. M- 2010 -071 <br />Performance Warranty <br />Dear Mr. Cunningham <br />Mr. Jeff Fugate of the Colorado Attorney General's Office phoned me this morning, apparently <br />in response to my letter to you dated September 27, 2011. I appreciate your promptly forwarding <br />the letter on to the Attorney General's Office. Mr. Fugate explained the Division's reluctance to <br />recommend that the Board accept the modifications I proposed to the performance warranty. <br />Following my discussion with Mr. Fugate, I spoke with the City of Lafayette's Finance <br />Department and Public Works Department regarding the financial aspects of the City's Goose <br />Haven Reservoir Expansion Project. On the basis of those conversations, it now appears that the <br />City will be in the position to appropriate and reserve sufficient funds for the estimated costs. <br />With such an appropriation, the language that I requested be incorporated into the Performance <br />Warranty need not be included, and the City would have the ability to execute the document in <br />the form approved by the Board. <br />Thank you for your attention to this matter. <br />Yours very truly, <br />LLIAMSON AND HAYASHI, LLC. <br />David S. Williamson <br />WILLIAMSON & HAYASHI, LLC <br />ATTORNEYS AT LAW <br />1650 38TH STREET <br />SUITE 103 WEST <br />BOULDER, COLORADO 80301 <br />September 29, 2011 <br />DSW /jr <br />Cc: Brad Dallam <br />Aaron Asquith (via email aarona @mweltd.com) <br />Jeff Fugate, Attorney General's Office <br />Telephone: 303 -443 -3100 <br />Fax: 303 -443 -7835 <br />Via email: Michael.Cunningham@state.co.us <br />