1998-05-05_GENERAL DOCUMENTS - C1981017

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°F Soto 90 GALE A.NORTON STATE OF COLORADO STATE SERVICES BUILDING Attorney General 1525 Sherman Street- 5th Floor DEPARTMENT OF LAW Denver, Colorado 80203 MARTHA PHILLIPS ALLBRIGHT Phone 303 866-4500 Chief Deputy Attorney General FAX 803� 866-5691 OFFICE OF THE ATTORNEF GENERAL RICHARD A.WESTFALL Solicitor General May 5, 1998 Ed Mulhall Delaney & Balcomb 818 Colorado Ave. P.O. Drawer 970 Glenwood Springs, CO 81602 RE: Meeting time and place; Robert Delaney's April 22, 1998 letter Dear Ed: I have received Robert Delaney's letter dated April 22, 1998. The Division too appreciates the constructive nature of our last meeting, and looks forward to future meetings which hopefully will lead to resolution of outstanding issues concerning reclamation. To this end, our meeting with the Forest Service is scheduled for 10:30 a.m. on May 13, 1998. The meeting will be held in the conference room of the Colorado Department of Transportation located at 202 Centennial Street, second floor. The Division thought it would be helpful for us to meet prior to the meeting with the Forest Service. Therefore, I suggest we meet at 9:00 a.m. at the CDOT offices. During our last telephone call, you mentioned that this schedule is agreeable to you and your clients. The Division would like to address certain concerns and questions it has with matters stated in Mr. Delaney's letter. The Division agrees that our prior meeting and future meetings are in the nature of compromise and are without prejudice to the parties in the litigation pending in Pitkin County. Along-these lines, in his letter Mr. Delaney states that, after the remaining land is sold, the frustee will retain for reclamation purposes an amount equal to $3,000,000 less the cash p..;d :o the Division and less $882,504, which represents the amount in cash payments and cred:,s the Trustee is assertin¢ against the reclamation fund for work done by MCR and M&E. As you are aware, the Division has questions about the amount of credit and\or cash payments being taken by the Trustee against the reclamation fund. Consequently, in order to conduct negotiations without prejudice to the parties as Mr. Delaney suggests, the Creditors' Trustee should retain the funds until the parties resolve the issue of the amount of credit and\or cash payments taken against the reclamation fund and other reclamation issues. The Trustee, therefore, should not distribute proceeds from the sale of land to creditors prior to resolution of these matters. Only in this way will the parties' positions be truly preserved in the course of