HomeMy WebLinkAbout20040955.tiff RESOLUTION
RE: APPROVE LEASE OF WATER RIGHT AND AUTHORIZE CHAIR TO SIGN - CITY OF
FORT LUPTON
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 of Water Right between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the City of Fort Lupton, commencing upon full execution, and ending one year from said date
of commencement, with further terms and conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, 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 of Water Right between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the City of Fort Lupton
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said lease.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ���„�{,,Q �LEN EXCUSED
�'��^1/ 0%.,, 's Robert D. Masden, Chair
Weld County Clerk to th fia;+. ��``: .,
.Irr2" 274_29
C� � � William erke, Pro-Tem
L� •
BY: lO ,c Cam- 4 i 1 , y��/
Deputy Clerk to the Bo- k�.- -✓/' a"
M. J. e Q
AP AS TO M: g
: David E. Long \\
oGr y Aftgfne EXCUSED
Glenn Vaad
Date of signature: 341)
2004-0955
BC0034
('O ; Fr LIAPIVAI 0 4 0*-41--oy
Sent By: APPLEGATE GROUP, INC. ; 3034528811 ; Mar-8-04 10:33; Page 3
LEASE OF WATER RIGHT
THIS LEASE OF WATER RIGHT("Lease")is made this if day of / I&r-it ,
2003, by and between the County of Weld, Colorado, 915 10th Street, Greeley,Colorado
80632 ("Lessor"),and the City of Fort Lupton, 130 S. McKinley, Fort Lupton,Colorado
80621, ("Lessee").
RECITALS
I. WHEREAS,Lessor owns water associated with 1 share of stock in the Lupton
Bottom Ditch Company,represented by stock certificate#314,which is estimated to yield an
averagae of approximatelyl 10.7 acre-feet of consumptive use per share per year, ("Lease
Water"); and
2. WHEREAS,Lessee has a need for said water;
3. WHEREAS,in 2003, the Lessor leased to Lessee water the Lease Water,
together with other water rights,but in 2004, Lessee does not need the other
water rights. Therefore,the parties have entered into this new lease instead of
renewing the 2003 lease.
NOW THEREFORE, in consideration of the foregoing recitals and of the mutual
promises and conditions hereinafter set forth, Lessor and Lessee agree as follows:
LEASE
l, Subject to the terms and conditions hereinafter set forth,Lessor hereby
demises, leases and lets to the Lessee the right to use the Lease Water for purposes associated
with its municipal water supply system,together with the right to use Lessor's Bearson Pit
outlet structure to release the Lupton Bottom Ditch water from the ditch to the South Platte
River.
2. Lease Payment: The consideration for this Lease is$300.00 per acre-foot per
year. Upon the execution of this Lease by Lessee, Lessee shall pay to Lessor S16,800,which
is equal to use of approximately one-half of the estimated annual yield, or 56 acre-feet. No
later than November 30 of each year this Lease is in effect, Lessee shall account to Lessor for
all water produced by the leased shares and shall pay Lessor for all water produced in excess
of 56 acre-feet within 14 days.
3. Lease Term: This Lease shall begin on the date of execution of this Lease by
Lessee and shall terminate one year from said date.
4. BBresentation and Warranty: Lessor represents and warrants that they have
good and merchantable title in the Lease Water and that such water has been used historically
for decreed purposes.
Sent. By: APPLEGATE GROUP, INC. ; 3034526611 ; Mar-8-04 10:33; Page 4/8
5. Termination and Other Remedies: Time is of the essence hereof. In the event
of any default hereunder,the parties shall have the following remedies,in addition to any
others provided by law:
Notice of Breach. if either party shall default in the performance of or shall breach
any term or condition of this Lease,the non-defaulting or non-breaching party may
give notice of such default or breach in the manner provided for herein. A waiver by
either party of any breach or default shall not be deemed or held to be a waiver of any
subsequent breach or default or to impair that party's rights resulting therefrom.
Lessor's Remedies. Should Lessee be in default or breach of any term or conditions
of this Lease and fail to cure such default or breach within five(5)days after receiving
written notice thereof from Lessor, Lessor, at its sole option and discretion, may
declare this Lease forfeited and terminated. In the event of such termination, all of
Lessee's interests in the Lease Water hereby leased shall revert to Lessor free and
clear of any and all obligations whatsoever, and Lessor may pursue all of its other
remedies as may be provided by law.
Lessee's Remedies. If Lessor is in default,this Lease shall terminate, in which case
the Lease payment for the amount of Lease Water not used by Lessee at the time of
the default shall be returned to Lessee. Such funds shall be returned based on a
proportion of$300.00 per acre-foot of Lease Water,within 7 days of said default.
In the event of any litigation arising out of this Agreement,the Court shall award to
the substantially prevailing party all reasonable costs and expenses thereof including
reasonable attorney's and expert witness fees.
6. Execution and Modification: The parties may execute this Lease by facsimile
signature. No subsequent modification of any part of this Lease shall be valid or enforceable
unless made in writing and executed by each of the parties hereto.
7. Successors and Assigns: The provisions of this Lease shall bind and benefit
the parties hereto,their successors and assigns.
8. Notice: All notices shall be given by U.S. mail addressed to the following:
TO LESSOR: County of Weld, Colorado
915 10th Street
Greeley, CO 80632
2
Sent By: APPLEGATE GROUP, INC. ; 3034526611 ; Mar-8-04 10:33; Page 5/8
TO LESSEE: City of Fort Lupton
P.O. Box 148
Fort Lupton,CO 80621
COPY TO: Frederick A. Fendel, III
Petrock&Fendel,P.C.
70017th St., #1800
Denver,CO 80202
9. Lessor Cooperation: Lessor shall assist Lessee in use of the Lease Water in its
municipal water system, including providing,at Lessee's cost,records and information
concerning the past use of the Lease Water which it may have in his possession.
10. Entire Agreement: This Lease constitutes the entire agreement between the
parties hereto relating to the subject matter of this Lease, and any prior agreements,
representation,conversations or other communications are merged into this Lease and
integrated herein.
COUNTY OF WELD,COLORADO CITY OF FORT LUPTON
'LIT-i V--ti,e
03/17/2004 �a� � -
Board of Co 'ssioners. Wi1 iam H. Jerke Mayor
j��` ' 1 a , Pro-tern
J IFELTa��/ - ATTEST:
1861
♦`O® fPliS I
3
STATE OF COLORADO )
) ss.
COUNTY OF tch.sz o )
The foregoing instrument was acknowledged before me this /-7.77 day of
MA-Pc , 2004, by , for the
Board of Commissioners, Weld County, 0: ...
SHARON
L
Witness my hand and official se US''•• OO
9v OP COP
My commission expires:
IW y(ommissma txpues May I5,101/5
�Pla ry Public
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 9th day of
March, 2004, by S. David Norcross, Mayor of the City of Fort Lupton, Colorado.
Witness my hand and official seal.
My commission expires: 08/24/05
Anne Drew
Notary Public
FO
Eck °`. R' `°°to* City of fort Tthpton
L8 . ! 36 THE"PROUD TO BE"CITY LA CIUDAD ORGULLOSA DE SER` "HOKORI NO"MACH!
1
CP.O. Box 148 County of Weld
�0L0RAD° 130 S. McKinley Avenue (303) 857-6694
Fort Lupton, Colorado 80621 Fax (303) 857-0351
Performance,Integrity,Teamwork
Accountability and Service
D E ' otv71
March 10, 2004 MAR 1 y
[i
WELD c01777:17--
17--
Lee Morrison A r?orr. ,
Weld County
County Attorney's Office
P. O. Box 758
Greeley, CO 80632
Dear Mr. Morrison,
Enclosed are two executed copies of the contract for the City of Fort Lupton to utilize one share
of Lupton Bottom Ditch water for augmentation purposes.
Please execute your portion, and return one copy to us for file.
Thank you for your assistance.
Sincerely,
Jim Sidebottom
City Administrator
2004-0955
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