Title
Resolution Authorizing Utilities to Enter into an Amendment to Agreement for Purchase of Return Flows
Presenter:
Michael Gustafson, Senior Attorney, City Attorney's Office-Utilities Division
Jerry A. Forte, P.E., CEO, Colorado Springs Utilities
Summary:
Colorado Springs Utilities received a request from Visum I Investment Partnership, LTD, to amend an Agreement between Colorado Springs and Forest Lakes Metropolitan District under which the District is entitled to 660 acre-feet of Colorado Springs' fully consumable return flows annually for augmentation of depletions associated with tributary well water withdrawn for water service and lake/reservoir water level maintenance on a 1,600 acre development in northern El Paso County. Visum is the owner of an approximately 159 acre tract (Village Tract) that is part of the 1,600 acre development. The requested amendment removes the Village Tract from the obligations of the Agreement since Visum no longer plans to plat, subdivide or develop the property as anticipated. The original Agreement requires that any amendment to it be approved by City Council. Colorado Springs Utilities is requesting City Council approval of a resolution authorizing it to execute the proposed amendment to Agreement.
Previous Council Action:
City Council approved the original agreement in 1984.
Background:
Forest Lakes Metropolitan District (FLMD) is the successor-in-interest to Agreement for Purchase of Return Flows (Agreement) dated April 23, 1984, whereby FLMD is entitled to 660 acre-feet of Colorado Springs' fully consumable return flows annually for augmentation of depletions associated with tributary well water withdrawn for water service and lake/reservoir water level maintenance on a 1,600 acre development in northern El Paso County. The Agreement required covenants for the development that prohibit the use of septic systems and stated that Colorado Springs would have no responsibility for contamination caused ...
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