HomeMy WebLinkAbout20031225.tiff RESOLUTION
RE: APPROVE WATER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-CITY OF
LAFAYETTE
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 Water Lease Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the City of Lafayette, commencing May 9, 2003, and ending upon delivery of sixteen
(16) acre-feet of water, 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 Water Lease Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the City of
Lafayette 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 14th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
EL W COUN Y, ttQL RADO
AT
1861 (� ? 'e � David E. Long, Chair
the Board
. , •�`�,��� Ro ert D. M deri, Pro-T m
Delp i y Clerk to the Board
M. J. eile
D AS /
William . Jerky
County Attorney
Glenn Vaad
Date of signature: -c:-/V-f) "7/9'-f0
2003-1225
BC0033
WATER LEASE AGREEMENT
1. Parties. The parties to this Agreement are the County of Weld, Colorado
(hereinafter referred to as "LESSEE"), and the City of Lafayette, Colorado, acting by and through
its Water Fund Enterprise, (hereinafter referred to as "LAFAYETTE").
2. Recitals and Purpose. Lessee desires to obtain additional water supplies for use in
a substitute water supply plan and/or plan for augmentation.
3. Agreement to Lease. In consideration of the covenants and agreements set forth
herein, Lafayette hereby agrees to lease water to Lessee pursuant to the following terms and
conditions:
(a) Water Subject to Lease. The water subject to this lease shall be sixteen(16) acre-
feet of Lafayette's fully consumable return flows that result from the City's initial use
of water. Delivery of the water will commence on approximately May 9, 2003 and
continue until the above referenced volume has been supplied.
(b) Term. The term of this Water Lease Agreement shall commence on May 9, 2003
and continue until sixteen(16)acre-feet of water has been delivered pursuant to this
agreement.
(c) Price. Lessee shall pay Lafayette the sum of THREE-THOUSAND-TWO-
HUNDRED AND NO/100 DOLLARS ($3,200.00) for the sixteen (16) acre-feet of
water above described,(i.e. a rate of$200.00 per acre foot). The$3,200.00 payment
shall be made at the time this Agreement is executed by both parties. However, in
the event that the Lessee is not allowed to use all or a portion of the leased water for
the intended purpose,Lafayette will issue a refund to the Lessee(at a rate of$200.00
per acre foot) for the portion of the water that could not be used.
(d) Coordination of Delivery. The rate of delivery will be dependent upon supplies
available on any given day. Lafayette shall apprise the Water Commissioner and
keep a record of the days during which water is released to Coal Creek for Lessee's
benefit and the total volume of water so released. The measurement of the leased
water shall occur at the outfall of the City of Lafayette waste water treatment facility.
Lafayette is not responsible for delivery of the water to the Lessee and the Lessee
bears the responsibility of any transit losses of the water following its release at the
outfall.
(e) Limitation on Lafayette's Obligations. Lessee acknowledges that Lafayette is
providing no guarantees and made no representations that the release of water from
will allow Lessee to continue its operations. Lessee is proceeding with this Lease
solely on the basis of its own investigations and discussions with the State water
administration officials. Lafayette's obligations are strictly limited to delivering
water to Coal Creek and apprizing the Water Commissioner of the details of the
delivery. Lafayette reserves the right to deliver water from other sources which may
be available to Lafayette.
(f) No Assignment of Rights. Lessee may not assign or sublease any of the water
described herein to third parties without the express prior written consent of
Lafayette.
(g) No Precedent Set. It is agreed and understood by Lessee that this water lease is
limited to the 2003 water year only, and this Agreement will expire under its our
terms without further action by either party. Lessee specifically agrees that it will not
assert any long term rights to water from Lafayette as a result of Lafayette entering
into this Agreement.
(h) Notice. Any notice provided for herein shall be given by mail, by facsimile
transmission or by hand delivery as follows:
If intended for Lafayette:
City of Lafayette
c/o Bradley S. Dallam,P.E.
Department of Public Works
1290 South Public Road
Lafayette, CO 80026
FAX: 303-665-2153
If intended for Lessee:
County of Weld, Colorado
c/o Lee Morrison
County Attorney Office
915 10th Street
P.O. Box 758
Greeley, CO 80632
FAX: 970-352-0242
EXECUTED in duplicate counterpart originals on this it day of Judi e- ,2003.
CITY OF LAFAYE 11E,ACTING BY
AND THROUGH ITS WATER FUND
ENTERPRISE
ealltc
LESSEE
_ a
David E.Long os rY aj
CHAIR,BOARD OF C Y
COMMISSIONERS,WELD UNTY,
COLORADO
rs
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
WI I D FAX: (970)352-0242
P. O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
May 14, 2003
City of Lafayette
c/o Bradley S. Dallam, P.E.
Department of Public Works
1290 South Public Road
Lafayette, CO 80026
RE: Water Lease Agreement
Dear Mr. Dallam:
Enclosed please find two original duplicate Water Lease Agreements for execution by your
Board, as well as a copy of the Resolution of the Board of Weld County Commissioners
approving the agreement. Please return one fully executed copy of the agreement to Lee
Morrison for our records.
Also enclosed is our warrant, in the amount fo $3,200.00, as agreed. Thank you for your
assistance in this matter.
Very truly yours,
Carol A. Harding
Deputy Clerk to the Board
Enclosures
City of •
Public Works
Taking Care of Business Everyday! r
1290 S. Public Road • Lafayette, Colorado 80026 • (303)665-5588 Fax (303) 665-2153
December 1, 2003
Weld County
Clerk to the Board
PO Box 758
Greeley CO 80632
RE: Water Lease Agreement
Dear Ms Bechler
On June 11, 2003 Mr. Gary Klaphake, the City Administrator executed the agreement,
and I was of the opinion that I mailed a copy back to you. By your letter, this obviously
did not get completed.
Because our City Clerk does not retain copies,just keeps scanned copies, it was not
possible for us to give you our original copy. I have had Mr. Klaphake sign the copy you
sent on November 21, 2003, and enclosed the signed copy that was scanned for our
records. Hopefully either one of these, or the combination will suffice in completing
your records. If not, please let me know what we can do to close your records.
I apologize for the inconvenience, if there is anything else please contact me at the
address/ phone number below.
spec full
Bradley . Dallam, P.E.
Civil Engineer III
Water Supply•Water Treatment•Water Distribution•Street Improvement & Maintenance •Engineering
Traffic Control • Fleet Maintenance•Storm Water Drainage•Wastewater Collection•Water Reclamation
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