Laserfiche WebLink
\y <br /> <br /> <br />1047 S. FIRST STREET <br />P.O. BOX 196 <br />MONTROSE, CO 61402 <br />TEL: 303.249-3806 <br />FAX: 303.249-9661 <br />'Alw AtlminaO In Tsaea <br />"Also Atlminetl in LoulaWU antl Wyanirp <br />SENT VlA FAX <br />• III IIIIIIIII IIII III • <br />~~U~ ~.~ <br />ATTORNEYS AT LAW <br />J. DAVID REED' <br />STEPHANIE HEXIMER•' <br />Frank J. Wo~,dr6w, Esq. <br />P.O. Boxi827 <br />Montrose, Colorado 89402 <br />Re: Abbott v. Guffey <br />Dear Frank: <br />June 9, 1994 <br />101 E. COLORADO AVE. 8203 <br />P.O. BOX 2470 <br />TELLURIDE, CO 81435 <br />TEL: 303.728-4944 <br />FAX: 303.728-3474 <br />REC~IV~n <br />J(/N~ `~ 194 <br />~;~;,; <br />~y 2 <br />`o <br />~~,v1'\ <br />l have received your letter of June 6, 1994 and apologize for the de/ay in <br />responding. <br />Please understand that by entering into the settlement agreement with Ms. <br />Abbott, Mr. and Mrs. Guffey did not assume Ms. Abbott's responsibility for a~ <br />reclamation efforts that the State of Colorado would impose upon Ms. Abbott as the <br />operator. <br />Under the terms of the settlement agreement, which was made a part of the <br />Court's record on April 14, 1994, Ms. Abbott and Mr. Watson agreed to indemnify <br />the Guffey's from any requirements of the State of Colorado up to the sum of <br />57,500.00. However, in subsequent discussions with the Mined Land Reclamation <br />Division of the State of Co%rado, l have determined that the State of Co%rado will <br />not look to the owner of the property for compliance with reclamation requirements <br />but will look solely to the operator. Notwithstanding the position of the State of <br />rnlnrado regarding the /iahility of the operator, Mr. and Mrs. Guffey, as providers of <br />the 57,500.00 line of credit remain at risk. <br />/ cannot imagine how you can be surprised at my suggestion that Ms. Abbott <br />should be responsible for the reclamation requirements. Ms. Abbott, as the permit <br />holder, and the one who presented the original reclamation plan, has an independent <br />obligation to the State of Co%rado. The State of Co%rado obviously intends to <br />enforce the reclamation requirements against her. You may verify this information by <br />contacting Mr. Jim Stevens with the Mined Land Reclamation Division at (303) 866- <br />3567. <br />The failure of Ms. Abbott to timely comply with the reclamation requirements <br />may jeopardize the contract between Mr. and Mrs. Guffey and Mr. Brill. Please be <br />advised that if the Brill contract fails to close due to Ms. Abbott's failure to comply <br />