HomeMy WebLinkAbout20041364 RESOLUTION
RE: APPROVE LETTER AGREEMENT FOR LEASE OF A TWO-THIRDS SHARE OF
LUPTON BOTTOMS DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN - 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 a
two-thirds 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 Corky Cantrell,
11016 Weld County Road 23, Fort Lupton,Colorado 80621,during the irrigation season of the year
2004, 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 a two-thirds 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 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 10th day of May A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
A A /�� W LD COUNTY, COLORADO
ATTEST: a _.i l���'vva IUD-
Masden,Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Te, Pro-Tem
•
Clerk to the Board
186, f. ; M. J. 'ei1/49
:
flan . I
®fib Dav . Lon.,
unty A t ne
Tenn V- 1
Date of signature: l9
2004-1364
BC0034
4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
IWEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
•
COLORADO
April 25, 2004
Corky Cantrell
11016 WCR 23
Fort Lupton, CO 80621
RE: Lease of 2/3 Share of Lupton Bottoms for the
Year 2004
Dear Corky:
It is my understanding that you wish to lease 2/3 shares of Lupton Bottoms ditch rights from
Weld County for the irrigation season of the year 2004. 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 2/3 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, 2004.
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 truly,
ee D. Morrison
Assistant Weld County Attorney
,?cc /3H y
Y x e. \kft D MAY 1 0 2004
Robert D. Masden, Chair Date
Board of County Commissioners illizcilteCorky treii Date
XC:Applegate Group
M:\W pfi I es\LET\Cantrel I3 d.wpd
/eV--/;;F
Hello