HomeMy WebLinkAbout20051136.tiff RESOLUTION
RE: APPROVE LETTER AGREEMENT FOR LEASE OF ONE SHARE OF LUPTON
BOTTOMS DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN-HOWARD"CORKY"
CANTRELL
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 letter agreement for the lease of one
share of Lupton Bottoms Ditch Company, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Howard "Corky"Cantrell, 11016
Weld County Road 23, Fort Lupton, Colorado 80621,during the irrigation season of the year 2005,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said 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 letter agreement for the lease of one share of Lupton Bottoms Ditch
Company, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Howard "Corky" Cantrell be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 6th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
•9j IELa WELD COUNTY, COLORADO
krikS : S4 '1_, �,/-�-1
WI -9 -+ William H. rke, Chair
Vela C illy' lerk to the Board
M. J. e' e; Pro-Tem
Deputy Clerk to the Board c_-_____L EXCUSED
David E. Lon
AP ED AS TO
Rob D. Masd
'aunty Attoi y
Glenn Vaad
Date of signature: '�� ®e`
2005-1136
BC0035
((7 ' TI-t'Pt_ 1 CA- cit/- zq'-o
tct it' d, WELD COUNTY ATTORNEY'S OFFICE
_ 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
Wilk WEBSITE: +x1+1+970) 3eld.co.us
5 PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
March 21, 2005
Corky Cantrell
11016 tAJCR 23
Fort Lupton, CO 80621
RE: Lease of One Share of Lupton Bottoms
for the Year 2005
Dear Corky:
It is my understanding that you wish to lease one share of Lupton Bottoms ditch rights
from Weld County for the irrigation season of the year 2005. 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. You have indicated that you are willing to pay
one of the annual assessment on a share, which compensates the County for the
annual assessment, but the County will remain responsible for actual payments of
those assessments. You have also indicated that you are willing to 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 those figures prior to November 1, 2005.
If this is your understanding, 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 tr ly,
2
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d" ���� Lee D. Morrison
MAR 3 02005 Assistant Weld County Attorney
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ATTORNEY'S OFFICE
2005-1136
7i-, 1-7f4_,/ APR 0 0 2005
William H. Jerke, Chair Date
Board of County Com issioners
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Howard "Corky" Cantrell Date
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