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02-02-2011 AMENDED SETTLEMENT AGREEMENT-05CW262 AND 05CW263 01-04-2011AMENDED SETTLEMENT AGREEMENT TOWN OF AVON OPPOSITION TO CASE NO. 05CW262 (TOWN OF MINTURN APPLICATION FOR CHANGES OF WATER RIGHTS) AND CASE NO. 05CW263 (TOWN OF MINTURN APPLICATION FOR NEW GROUNDWATER RIGHTS) This Amended Settlement Agreement (the "Amendment "), dated February _, 2011, is made by and between Applicant, Town of Minturn ( "Minturn") and Opposers, Ginn Battle South, LLC; Ginn Battle North, LLC; Ginn Battle One, Ltd., LLLP; Ginn -LA Battle One A, LLC (together "Battle Mountain Entities ") and the Town of Avon ( "Avon "). WHEREAS, the Settlement Agreement in Case Nos. 05CW262 and 05CW263, dated June 8, 2010, between Minturn, Battle Mountain Entities and Avon (the "Avon Settlement Agreement ") adopted and incorporated the terms of the Settlement Agreement in Case No. 05CW262, dated May 6, 2010, between Minturn, Battle Mountain Entities and Arrowhead Metropolitan District, Beaver Creek Metropolitan District, Berry Creek Metropolitan District, Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Eagle -Vail Metropolitan District, Edwards Metropolitan District, Holland Creek Metropolitan District, Red Sky Ranch Metropolitan District, Upper Eagle Regional Water Authority, and Vail Associates, Inc. (together, "Arrowhead et al. ") (the "262 Settlement Agreement ") and the Settlement Agreement in Case No. 05CW263, dated May 6, 2010, between Minturn, Battle Mountain Entities and Arrowhead et al. (the "263 Settlement Agreement "). WHEREAS, Minturn, Battle Mountain Entities and Arrowhead et al. amended certain terms in the 262 Settlement Agreement by entering into the Amendment to Settlement Agreement in Case No. 05CW262 dated February _, 2011 (the "Amended Arrowhead Settlement Agreement "); WHEREAS, Minturn, Battle Mountain Entities and Avon desire to amend the Avon Settlement Agreement to adopt and incorporate the terms contained in the Amended Arrowhead Settlement Agreement. NOW THEREFORE, the parties to this Amendment hereby stipulate and agree as follows: 1. The terms of the Amended Arrowhead Settlement Agreement, attached as Exhibit A hereto, are hereby adopted and incorporated as terms of this Amendment. 2. With the exception of the terms and conditions explicitly described in this Amendment, all terms and conditions of the Avon Settlement Agreement shall remain unchanged and in full force and effect. 3. This Amendment may be simultaneously executed in any number of counterparts, each of which shall be deemed original but all of which constitute one and the same Amendment. A facsimile signature to this Amendment shall be deemed an original and binding upon the parties to this Amendment. 4. This Amendment constitutes the entire understanding of all parties with respect to the Avon Settlement Agreement and there are no provisions other than those set forth above. Any changes in this Amendment shall be made in writing and signed by both parties in accordance with required contracting procedures before the same shall be effective. BY SIGNATURE of their authorized representatives below, the parties enter into this Amendment as of the date first written above. (Signature page to follow] 2 TOWN OF MINTURN FAA — / i. BATTLE MOUNTAIN ENTITIES By: Battle South, LLC (formerly known as Ginn Battle South, LLC }, Battle North, LLC (formerly known as Ginn Battle North, LLC); Battle One Developer, LLLP (formerly known as Ginn -LA Battle One, Ltd., LLLP); Battle One A Developer, LLC (formerly known as Ginn -LA Battle One A, LLC) TOWN OF AVON By: [Signature page to Amended Settlement Agreement] 5016439 2.DOC MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMORANDUM TO: Avon Town Council Larry Brooks, Town Manager Justin Hildreth, Town Engineer Eric Heil, Town Attorney FROM: Jay Montgomery, Esq. Will Stenzel, Esq. Re: Petitions to Correct Substantial Errors in Case Nos. 05CW262 and 07CW225, District Court, Water Division 5 (Town of Minturn and Ginn entities Applications) DATE: January 4, 2011 As you recall, Avon entered into stipulated settlements in the four Water Court cases concerning the legal water supply for the Town of Minturn and the Battle Mountain Development. The Court subsequently entered final decrees in these cases and considered these cases closed. Recently, however, Minturn informed us that Minturn seeks to change the decrees entered in two of these cases, Case Nos. 05CW262 and 07CW225. More specifically, Minturn seeks to petition the court to "correct substantial errors" in the decrees as they were entered. The proposed petitions are attached as Exhibit A. Minturn has not yet filed the petitions. As we explain below, we do not recommend that Avon oppose the petitions. We have reviewed the proposed changes, and we do not believe these changes will injure Avon's water rights. The two changes are as follows: (1) Minturn proposes to change the monthly limitations on the consumptive use allowed to the Minturn Water System Ditch and the Minturn Well Nos. 1 and 2 (collectively, "Minturn Ditch ") water rights; and (2) Minturn proposes to treat April as a winter month for purposes of calculating the consumptive use allowed to the Minturn Ditch water rights. We will discuss these changes in turn. I. Petition to Re- Allocate Consumptive Use allowed to the Minturn Ditch Water Rights Between the Months A major issue in these cases was how much consumptive water use is attributable to the Minturn Ditch water rights. This was an important determination because the senior Minturn Ditch water rights are senior to many downstream water rights, including some of Avon's water rights. Therefore, expanding the use of these water rights beyond their historical use could injure downstream water rights, including Avon's. The Minturn Ditch did not originally include a volumetric or consumptive use MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 2 limitation (older water court decrees rarely included such limitations). However, all water rights include an implied limitation to the amount of water use and type of use originally contemplated by the appropriators of the rights. In these cases, the parties negotiated an annual limit on consumptive use attributable to the Minturn Ditch water rights of 38 acre -feet. The parties also negotiated monthly limitations on the consumptive use attributable to the Mintum Ditch water rights. Minturn does not seek to change the overarching annual 38 acre -feet limit. Rather, Minturn seeks to change the decreed monthly limitations on the Minturn Ditch water rights. Minturn's rationale for this change is that there was a misunderstanding between the Eagle River Water and Sanitation District and Minturn's engineers over Minturn's monthly water usage. Minturn's engineers believed the monthly water usage figures provided by the District corresponded to actual water usage, i.e. the water usage figure for March indicated the amount of water used by Minturn in March. Instead, the figures apparently corresponded to billed water usage, i.e. the water usage figure for March indicated the amount of water used by Minturn in February. As a result, Minturn claims that the monthly consumptive use limitations on the Minturn Ditch are incorrectly offset by a month. The following table shows the specific changes to the monthly consumptive use limits proposed in the petitions by Minturn: Month Decrees as Entered Proposed Revision January 0.75 acre -feet 0.75 acre -feet February 0.75 acre -feet 0.75 acre -feet March 0.75 acre -feet 0.75 acre -feet April 1.5 acre -feet 1.0 acre -feet May 5.0 acre -feet 3.5 acre -feet June 5.0 acre -feet 9.75 acre -feet July 10.0 acre -feet 11.5 acre -feet August 10.0 acre -feet 8.5 acre -feet September 7.0 acre -feet 5.0 acre -feet October 4.0 acre -feet 2.25 acre -feet November 0.75 acre -feet 0.75 acre -feet Minturn also proposes to increase the cumulative consumptive use limit allowed for the months of June, July, and August from 22.5 acre -feet to 27.5 acre -feet. You will note that the sums of both the previously decreed and proposed monthly limits are greater than the annual limit (although the sum of the proposed limits is one acre -foot lower than the sum of the previously decreed monthly limits). This is because the purpose of the monthly limits is different than the overarching annual consumptive use cap. The monthly limits are intended to mimic the atp tern of historical consumptive use MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 3 of the Minturn Ditch, which varied from year to year. Therefore, these monthly limits provide Minturn with some leeway to use more water from the Minturn Ditch water right in some months and less in other months. The annual limit is intended to provide a cap on the annual consumptive use allowed for the Minturn Ditch water right. The monthly and annual limits are independent of each other. For example, if Minturn used 38 acre - feet of consumptive use under the Minturn Ditch water right by October, Minturn would not be able to consume any additional water pursuant to the Minturn Ditch for the remainder of the year. This is so despite the amounts of the monthly limits for November and December. In our opinion, Minturn's proposed changes to the monthly consumptive use limits will not injure Avon's water rights. This is because the overarching annual limit of 38 acre -feet remains in place, and because the new monthly limits do not vary so substantially from the decreed monthly limits to cause injury to Avon's water rights. We therefore do not recommend opposing Avon's petition to change the decreed monthly consumptive use limits. Avon may consider requesting Les Botham, P.E. to review the proposed changes prior to agreeing with our recommendation. However, because the proposed changes are due to mistakes made regarding the existing engineering, we are confident Mr. Botham would also agree that the changes will not injure Avon's water rights. II. Petition to Treat April as a Winter Month for Purposes of Calculating Consumptive Use Attributable to the Minturn Ditch Water Rights Again, Minturn's second proposed change is to treat April as a winter month for purposes of calculating Minturn's consumptive use attributable to the Minturn Ditch. The consumptive use for the Minturn Ditch water rights is calculated differently for summer and winter months because these water rights are considered to be used for irrigation only in the summer. Irrigation consumes much more water than in -house water uses, and therefore the parties to these cases agreed that the portion of water used during the summer months should be considered to be 85% consumed. The parties agreed that the portion of water used during the winter months should be considered to be 5% consumed. According to Minturn, the engineering reports prepared for these cases treated April as a winter month because there is little to no irrigation in Minturn during April. Our review of the engineering reports confirms Minturn's assertion. However, the settlement agreements and decrees entered in these cases treat April as a summer month, and therefore assumed that 85% of the April Minturn Ditch diversions were. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 4 Minturn's petition to treat April as a winter month, if approved by the Court, would result in less water being treated as consumed by Minturn in April. As a result, Minturn will be able to divert a little more water pursuant to the Minturn Ditch water rights, because a smaller percentage of this water will be considered consumed in April. Because treating April as a winter month is consistent with the engineering reports supporting Minturn's Water Court cases, it is our opinion that Avon's water rights will not be injured by this proposed change. We therefore do not recommend opposing Avon's petition to treat April as a winter month for purposes of calculating the consumptive use attributable to the Minturn Ditch water rights. Again, Avon may consider requesting Les Botham, P.E. review the proposed changes prior to agreeing with our recommendation. However, because the proposed changes are due to mistakes made when drafting the settlement agreements and decrees, we are relatively confident Mr. Botham would also agree that the changes will not injure Avon's water rights. III. Amendment of the Settlement Agreements As you know, Avon entered into a settlement agreement with Minturn and the Battle Mountain entities regarding Case No. 05CW262 prior to entering into a stipulated settlement of Avon's opposition to the case. This settlement agreement is attached as Exhibit B. The purpose of Avon's settlement agreement was to afford Avon party status to the settlement agreements entered into between Minturn, the Battle Mountain entities, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and other parties (the "May Settlement Agreements "). The May Settlement Agreements include the original decreed monthly allocation of consumptive use attributable to the Minturn Ditch. The May Settlement Agreements also treat April as a summer month for purposes of calculating the percentage of water consumed by Minturn's water use pursuant to the Minturn Ditch water rights. Our original informal recommendation to Avon was not to request amendment of Avon's settlement agreement in these cases. This was due to the time and expense involved in amending the underlying May Settlement Agreements. However, we subsequently learned from Minturn's attorneys that the May Settlement Agreements will be amended. Therefore, we now recommend that we request that Minturn agree to revise Avon's settlement agreement to be consistent with the contemplated amendment of the May Settlement Agreements. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 5 In conclusion, we recommend that Council not oppose Minturn's Petitions to Correct Substantive Errors and direct counsel to request Minturn to draft amendments to Avon's settlement agreement in Case No. 05CW262 consistent with the changes proposed by the petitions for signature by the Mayor or Mayor Pro -Tern of Avon. AMENDED SETTLEMENT AGREEMENT TOWN OF AVON OPPOSITION TO CASE NO. 05CW262 (TOWN OF MINTURN APPLICATION FOR CHANGES OF WATER RIGHTS) AND CASE NO. 05CW263 (TOWN OF MINTURN APPLICATION FOR NEW GROUNDWATER RIGHTS) This Amended Settlement Agreement (the "Amendment "), dated February _, 2011, is made by and between Applicant, Town of Minturn ( "Minturn ") and Opposers, Ginn Battle South, LLC; Ginn Battle North, LLC; Ginn Battle One, Ltd., LLLP; Ginn -LA Battle One A, LLC (together "Battle Mountain Entities ") and the Town of Avon ( "Avon "). WHEREAS, the Settlement Agreement in Case Nos. 05CW262 and 05CW263, dated June 8, 2010, between Minturn, Battle Mountain Entities and Avon (the "Avon Settlement Agreement ") adopted and incorporated the terms of the Settlement Agreement in Case No. 05CW262, dated May 6, 2010, between Minturn, Battle Mountain Entities and Arrowhead Metropolitan District, Beaver Creek Metropolitan District, Berry Creek Metropolitan District, Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Eagle -Vail Metropolitan District, Edwards Metropolitan District, Holland Creek Metropolitan District, Red Sky Ranch Metropolitan District, Upper Eagle Regional Water Authority, and Vail Associates, Inc. (together, "Arrowhead et al. ") (the "262 Settlement Agreement ") and the Settlement Agreement in Case No. 05CW263, dated May 6, 2010, between Minturn, Battle Mountain Entities and Arrowhead et al. (the "263 Settlement Agreement "). WHEREAS, Minturn, Battle Mountain Entities and Arrowhead et al. amended certain terms in the 262 Settlement Agreement by entering into the Amendment to Settlement Agreement in Case No. 05CW262 dated February _, 2011 (the "Amended Arrowhead Settlement Agreement "); WHEREAS, Minturn, Battle Mountain Entities and Avon desire to amend the Avon Settlement Agreement to adopt and incorporate the terms contained in the Amended Arrowhead Settlement Agreement. NOW THEREFORE, the parties to this Amendment hereby stipulate and agree as follows: 1. The terms of the Amended Arrowhead Settlement Agreement, attached as Exhibit A hereto, are hereby adopted and incorporated as terms of this Amendment. 2. With the exception of the terms and conditions explicitly described in this Amendment, all terms and conditions of the Avon Settlement Agreement shall remain unchanged and in full force and effect. 3. This Amendment may be simultaneously executed in any number of counterparts, each of which shall be deemed original but all of which constitute one and the same Amendment. A facsimile signature to this Amendment shall be deemed an original and binding upon the parties to this Amendment. A 4. This Amendment constitutes the entire understanding of all parties with respect to the Avon Settlement Agreement and there are no provisions other than those set forth above. Any changes in this Amendment shall be made in writing and signed by both parties in accordance with required contracting procedures before the same shall be effective. BY SIGNATURE of their authorized representatives below, the parties enter into this Amendment as of the date first written above. [Signature page to follow] 2 TOWN OF MINTURN By: BATTLE MOUNTAIN ENTITIES By: Battle South, LLC (formerly known as Ginn Battle South, LLC), Battle North, LLC (formerly known as Ginn Battle North, LLC); Battle One Developer, LLLP (formerly known as Ginn -LA Battle One, Ltd., LLLP); Battle One A Developer, LLC (formerly known as Ginn -LA Battle One A, LLC) TOWN OF AVON Y: [Signature page to Amended Settlement Agreement] 5016439 2.DOC MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMORANDUM TO: Avon Town Council Larry Brooks, Town Manager Justin Hildreth, Town Engineer Eric Heil, Town Attorney FROM: Jay Montgomery, Esq. Will Stenzel, Esq. Re: Petitions to Correct Substantial Errors in Case Nos. 05CW262 and 07CW225, District Court, Water Division 5 (Town of Minturn and Ginn entities Applications) DATE: January 4, 2011 As you recall, Avon entered into stipulated settlements in the four Water Court cases concerning the legal water supply for the Town of Minturn and the Battle Mountain Development. The Court subsequently entered final decrees in these cases and considered these cases closed. Recently, however, Minturn informed us that Minturn seeks to change the decrees entered in two of these cases, Case Nos. 05CW262 and 07CW225. More specifically, Minturn seeks to petition the court to "correct substantial errors" in the decrees as they were entered. The proposed petitions are attached as Exhibit A. Minturn has not yet filed the petitions. As we explain below, we do not recommend that Avon oppose the petitions. We have reviewed the proposed changes, and we do not believe these changes will injure Avon's water rights. The two changes are as follows: (1) Minturn proposes to change the monthly limitations on the consumptive use allowed to the Minturn Water System Ditch and the Minturn Well Nos. 1 and 2 (collectively, "Minturn Ditch ") water rights; and (2) Minturn proposes to treat April as a winter month for purposes of calculating the consumptive use allowed to the Minturn Ditch water rights. We will discuss these changes in turn. I. Petition to Re- Allocate Consumptive Use allowed to the Minturn Ditch Water Rights Between the Months A major issue in these cases was how much consumptive water use is attributable to the Minturn Ditch water rights. This was an important determination because the senior Minturn Ditch water rights are senior to many downstream water rights, including some of Avon's water rights. Therefore, expanding the use of these water rights beyond their historical use could injure downstream water rights, including Avon's. The Minturn Ditch did not originally include a volumetric or consumptive use MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 2 limitation (older water court decrees rarely included such limitations). However, all water rights include an implied limitation to the amount of water use and type of use originally contemplated by the appropriators of the rights. In these cases, the parties negotiated an annual limit on consumptive use attributable to the Minturn Ditch water rights of 38 acre -feet. The parties also negotiated monthly limitations on the consumptive use attributable to the Minturn Ditch water rights. Minturn does not seek to change the overarching annual 38 acre -feet limit. Rather, Minturn seeks to change the decreed monthly limitations on the Minturn Ditch water rights. Minturn's rationale for this change is that there was a misunderstanding between the Eagle River Water and Sanitation District and Minturn's engineers over Minturn's monthly water usage. Minturn's engineers believed the monthly water usage figures provided by the District corresponded to actual water usage, i.e. the water usage figure for March indicated the amount of water used by Minturn in March. Instead, the figures apparently corresponded to billed water usage, i.e. the water usage figure for March indicated the amount of water used by Minturn in February. As a result, Minturn claims that the monthly consumptive use limitations on the Minturn Ditch are incorrectly offset by a month. The following table shows the specific changes to the monthly consumptive use limits proposed in the petitions by Minturn: Month Decrees as Entered Proposed Revision January 0.75 acre -feet 0.75 acre -feet February 0.75 acre -feet 0.75 acre -feet March 0.75 acre -feet 0.75 acre -feet April 1.5 acre -feet 1.0 acre -feet May 5.0 acre -feet 3.5 acre -feet June 5.0 acre -feet 9.75 acre -feet July 10.0 acre -feet 11.5 acre -feet August 10.0 acre -feet 8.5 acre -feet September 7.0 acre -feet 5.0 acre -feet October 4.0 acre -feet 2.25 acre -feet November 0.75 acre -feet 0.75 acre -feet Minturn also proposes to increase the cumulative consumptive use limit allowed for the months of June, July, and August from 22.5 acre -feet to 27.5 acre -feet. You will note that the sums of both the previously decreed and proposed monthly limits are greater than the annual limit (although the sum of the proposed limits is one acre -foot lower than the sum of the previously decreed monthly limits). This is because the purpose of the monthly limits is different than the overarching annual consumptive use cap. The monthly limits are intended to mimic the atp tern of historical consumptive use MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 3 of the Minturn Ditch, which varied from year to year. Therefore, these monthly limits provide Minturn with some leeway to use more water from the Minturn Ditch water right in some months and less in other months. The annual limit is intended to provide a cap on the annual consumptive use allowed for the Minturn Ditch water right. The monthly and annual limits are independent of each other. For example, if Minturn used 38 acre - feet of consumptive use under the Minturn Ditch water right by October, Minturn would not be able to consume any additional water pursuant to the Minturn Ditch for the remainder of the year. This is so despite the amounts of the monthly limits for November and December. In our opinion, Mintum's proposed changes to the monthly consumptive use limits will not injure Avon's water rights. This is because the overarching annual limit of 38 acre -feet remains in place, and because the new monthly limits do not vary so substantially from the decreed monthly limits to cause injury to Avon's water rights. We therefore do not recommend opposing Avon's petition to change the decreed monthly consumptive use limits. Avon may consider requesting Les Botham, P.E. to review the proposed changes prior to agreeing with our recommendation. However, because the proposed changes are due to mistakes made regarding the existing engineering, we are confident Mr. Botham would also agree that the changes will not injure Avon's water rights. II. Petition to Treat April as a Winter Month for Purposes of Calculating Consumptive Use Attributable to the Minturn Ditch Water Rights Again, Minturn's second proposed change is to treat April as a winter month for purposes of calculating Minturn's consumptive use attributable to the Minturn Ditch. The consumptive use for the Minturn Ditch water rights is calculated differently for summer and winter months because these water rights are considered to be used for irrigation only in the summer. Irrigation consumes much more water than in -house water uses, and therefore the parties to these cases agreed that the portion of water used during the summer months should be considered to be 85% consumed. The parties agreed that the portion of water used during the winter months should be considered to be 5% consumed. According to Minturn, the engineering reports prepared for these cases treated April as a winter month because there is little to no irrigation in Minturn during April. Our review of the engineering reports confirms Minturn's assertion. However, the settlement agreements and decrees entered in these cases treat April as a summer month, and therefore assumed that 85% of the April Minturn Ditch diversions were. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 4 Minturn's petition to treat April as a winter month, if approved by the Court, would result in less water being treated as consumed by Minturn in April. As a result, Minturn will be able to divert a little more water pursuant to the Minturn Ditch water rights, because a smaller percentage of this water will be considered consumed in April. Because treating April as a winter month is consistent with the engineering reports supporting Minturn's Water Court cases, it is our opinion that Avon's water rights will not be injured by this proposed change. We therefore do not recommend opposing Avon's petition to treat April as a winter month for purposes of calculating the consumptive use attributable to the Minturn Ditch water rights. Again, Avon may consider requesting Les Botham, P.E. review the proposed changes prior to agreeing with our recommendation. However, because the proposed changes are due to mistakes made when drafting the settlement agreements and decrees, we are relatively confident Mr. Botham would also agree that the changes will not injure Avon's water rights. III. Amendment of the Settlement Agreements As you know, Avon entered into a settlement agreement with Minturn and the Battle Mountain entities regarding Case No. 05CW262 prior to entering into a stipulated settlement of Avon's opposition to the case. This settlement agreement is attached as Exhibit B. The purpose of Avon's settlement agreement was to afford Avon party status to the settlement agreements entered into between Minturn, the Battle Mountain entities, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and other parties (the "May Settlement Agreements "). The May Settlement Agreements include the original decreed monthly allocation of consumptive use attributable to the Minturn Ditch. The May Settlement Agreements also treat April as a summer month for purposes of calculating the percentage of water consumed by Minturn's water use pursuant to the Minturn Ditch water rights. Our original informal recommendation to Avon was not to request amendment of Avon's settlement agreement in these cases. This was due to the time and expense involved in amending the underlying May Settlement Agreements. However, we subsequently learned from Minturn's attorneys that the May Settlement Agreements will be amended. Therefore, we now recommend that we request that Minturn agree to revise Avon's settlement agreement to be consistent with the contemplated amendment of the May Settlement Agreements. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Avon Town Council, Brooks, Hildreth, Heil January 4, 2011 Page 5 In conclusion, we recommend that Council not oppose Minturn's Petitions to Correct Substantive Errors and direct counsel to request Minturn to draft amendments to Avon's settlement agreement in Case No. 05CW262 consistent with the changes proposed by the petitions for signature by the Mayor or Mayor Pro -Tem of Avon.