1994-02-22_GENERAL DOCUMENTS - C1981017

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•. EMER.SON ,HODGESBGREEN TEL No .303-963-0985 Feb 22 ,94 16 : 15 No .007 P .01/02 LAW OITICEs RO B ERT B. EM ERSON. P.C. ss 9OVrH TMIRO YTR¢fT CARRONOALe. COLCRA00 616£3 (303) 903-3700 ROOLRT B RME"ON FAX (303) 063-0962$ February 22, 1994 SENT gy REGULAR MAIL D pACSTMTLE TRANSMISSTON TO 860-7233 Mr. James B. Holden Attorney at Law Holden & Jessop, P.C. 303 E. 17th Ave. , Suite 930 Denver, CO 80203-1264 Re: Town of Carbondale -- Carbondale Industrial Park Dear Mr. Holden: I have discussed your letter of February 4, 1994, with the Carbondale Board of Trustees. I would like to address the points raised in your letter: 1. Railroad Right of way. The Railroad has advised us that it will be in a position to make a decision on our applica- tion for a street crossing within sixty days. Thus, the Board would be willing to modify the contract contingency so that it would expire if not exercised by the end of the sixty day period. In other words, the Town would have sixty days to enter into an agreement with the Railroad, waive this contingency, or terminate the contract if the contingency could not be met within that time period. 2. Drainage Pond. Rather than having an indemnification provision regarding the drainage pond, perhaps a more appropriate solution would be to have an easement to allow water to run off of the Mine Services property through the existing drainage structures and a release of claims from the adjoining property owners for any damages resulting from any such run off. That release would be binding upon successors in interest. 3. Status of Title. Please draft the language that you have proposed in your letter regarding delivery of title free and clear of liens. 4. Environmental Assessment. we still have not been advised who Mid-Continent has contracted with to perform the Phase 1 audit. If you can provide this information, please let me know. The Board does not believe the standards of the Ameri-