HomeMy WebLinkAbout20090650RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND
AUTHORIZE CHAIR TO SIGN - PETROCCO FARMS, CIO DAVE PETROCCO, SR.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for Fulton Ditch Water
Rights for the 2009 Irrigation Season between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Petrocco Farms, do Dave
Petrocco, Sr., 14110 Brighton Road, Brighton, Colorado 80601, commencing upon full execution,
and ending December 31, 2009, with further terms and conditions being as stated in said lease
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement for Fulton Ditch Water Rights for the 2009 Irrigation
Season between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Petrocco Farms, do Dave Petrocco, Sr., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of March A.D., 2009.
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ATTEST:
Weld County Clerk to th
BY:
Deput
APP
David E. Long
RM:
1273--------
y Attorney
Date of signature- III 16
BOARD OF COUNTY COMMISSIONERS
WEL OUNTCIf ORADO
Iliam F. Garcia, Chair
a Kirkmeyer
0 7. PLO i a-u`ip
2009-0650
BC0040
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COLORADO
March 5, 2009
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Lease of Twenty -Eight Shares of Fulton Ditch for the 2009 Irrigation Season
Dear Mr. Petrocco, Sr.:
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch
from Weld County for the 2009 irrigation season. You understand that this is for a
single year and that the lease for this year in no way guarantees you the right to lease
those shares in any subsequent year. The County will be willing to discuss lease
opportunities on a year-to-year basis. Weld County requests that you pay $60/share for
28 shares, which compensates the County for the annual assessment, but the County
will remain responsible for actual payments of those assessments. The total cost for
the 28 shares is $1,680 (28 shares x $60/share). Please make your check payable to
Weld County and send your payment to:
Barb Connolly, Controller
Weld County
PO Box 758
Greely, CO 80632
Weld County also requests that you provide records at the conclusion of the irrigation
season regarding the amount of water diverted, a legal description of the irrigated
acreage, and the crops irrigated with the shares leased from Weld County. You agree
to provide that information via letter and form provided by Clear Water Solutions prior to
November 30, 2009. Please send irrigation records to:
Michelle Hatcher
Clear Water Solutions, Inc.
8010 S. County Road 5, Ste. 105
Windsor, CO 80528
Page 1 of 2
2009-0650
If you are agreeable, please sign both of the originals and return to my office. The
agreement will become final if it is ratified by the Board of County Commissioners in a
regular business meeting. One of the fully executed originals will then be returned to
you for your records.
Yours truly,
Wi�lydm arcia, cheif-
Board of Cou ty ¢'ommiseiorlprs
XC: Clear Water Solutions, Inc.
I,
ClaKimmi, P.E., C.F.M.
Weld County Public Works
1 6 2009
Date
Dave Pe occo, Sr. Date
Page 2 of 2
0X7C2.-CZSe
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Petrocco Lease
3-3-09 CDK Revi...
Esther,
Clayton D. Kimmi
Monday, March 09, 2009 11:26 AM
Esther Gesick
FW: Petrocco Lease
Petrocco Lease 3-3-09 CDK Revision.doc
Can you put this item on the BOCC agenda for Monday, March 16th? It is for the lease of
28 shares of Fulton Ditch Water to Dave Petrocco for the 2009 irrigation season.
Thanks
Clay
Original Message
From: Bruce Barker
Sent: Monday, March 09, 2009 9:25 AM
To: Clayton D. Kimmi
Subject: RE: Petrocco Lease
This looks OK to me. Go ahead and put on the agenda for Monday, March 16th.
Original Message
From: Clayton D. Kimmi
Sent: Thursday, March 05, 2009 7:53 AM
To: Bruce Barker
Subject: Petrocco Lease
Importance: High
Bruce,
Attached is the lease agreement that Clear Water Solutions came up with for Mr. Petrocco.
I have made a couple of minor changes as shown with the track changes option. Please
review it and let me know if you have any concerns. I wasn't sure if you wanted to sign
the letter or not.
Steve is looking in his records to make sure that Mr. Petrocco submitted the letter to him
for last year's lease. I will continue to work with Steve to ensure that we get a letter
from Mr. Petrocco indicating what he planted and where he planted it last year.
Thanks
Clay Kimmi, P.E., C.F.M.
Drainage and Floodplain Engineer
1111 H Street
1
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