HomeMy WebLinkAbout20030985.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 April 21, 2003, and ending two years 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 21st day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, COLO O
ATTEST:iltaki ;',:�/;; CU
Weld County Clerk t.
A ��� David E. Long, Chair
6i ?CO;_4,9
Rob�rt� den, Pro-Tem
BY:
Deputy Clerk to the board' ,
M. J. Geile
AP V AS -25,r?
Wm 4�
illie Jerk
�
ounty ttorn
Glenn Vaad
Date of signature: Z-
2003-0985
BC0033
CSC : 1.4,F9,27A/
LEASE OF WATER RIGHT
THIS LEASE OF WATER RIGHT ("Lease") is made this day of
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
1. WHEREAS, Lessor owns water associated with 28 shares of stock in the
Fulton Ditch Irrigating Company as represented by stock certificate #3059, which is estimated
to yield an average of approximately 1.7 acre-feet of consumptive use per share, or 47.6 acre-
feet total per year, and 1 share of stock in the Lupton Bottom Ditch Company, represented by
stock certificate #314, which is estimated to yield an average of approximately110.7 acre-feet
of consumptive use per share per year, or 158.3 acre-feet total ("Lease Water"); and
2. WHEREAS, Lessee has a need for said water;
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
1. 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$23,760, which
is equal to use of one-half of the estimated annual yield, or 79.2 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 79.2
acre-feet within 14 days.
3. Lease Term and Option Period: This Lease shall begin on the date of
execution of this Lease by Lessee and shall terminate two years from said date, except that
Lessee shall have the option of extending the Lease for an additional one year upon notice to
Lessor at least 30 days prior to the expiration date of this Lease. If Lessee exercises the
Option to extend the Lease, the lease payment for the additional year will be made at least 5
days prior to the new term of the extended Lease and all other provision of this Lease shall
apply to the extended Lease.
2003-0985
4. Representation 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.
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 10`h Street
Greeley, CO 80632
2
TO LESSEE: City of Fort Lupton
P.O. Box 148
Fort Lupton, CO 80621
COPY TO: Frederick A. Fendel, III
Petrock& Fendel, P.C.
700 17th 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 its 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
..� E . t 4„ e ,
Board of Commissioners 1 , .it M c c iT1 pOn% Nl TrMToil
David E. g / �I ce wv04.t AL+?47 tot vri dF u4.s Yoe2- 037
ATTEST: ��/ ���+���..'.:.a 'I ATTEST:
By: 71-1
Deputy Clerk to h/� .Ua^. FIw1A.xE 17tetc�oL V
3
,;?0O3- �"�
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 21st day of
, 2003, by David F. Long Chair , for the Board of Commissioners,
;.Safi b± • Colorado.
' 2l DONNp�1 s
BECHLERi des' my hand and official seal.
fj.V mission expires: —/D-02P/21-1
MyCommkrloaEr'6allpril1420(14 aZ11.t (�//f e/F.2
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF tOe (d )
The foregoing instrument was acknowledged before me this /6 day of
p A : / , 2003, by g�.4,v�aJeebu.ee, der of City of Fort Lupton.
D e1T� ADM i.ns titan&
etk A my hand and official seal.
. � M.8ovtin sion expires: D to -z- Zoo' .
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Clct� �t-c ct�
m9; As G . Notary Public
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9TF OF COOP
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EAOf fill,' !b ♦o Qtttp of fort lupton
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fs ' -e}� THE PROUD TO BE CITY LA CUIDADORGULLOSA DE SERHOKORI NO MACHI
J PO Box 148 County of Weld
l'Ol oo�o0 130 S. McKinley Avenue (303)857-6694
Fort Lupton, Colorado 80621 Fax(303 857-0351
Performance,Integrity,Teamwork,
e,nn..Nanmw nml C ,,4r
Thursday, April 17, 2003
HAND DELIVERED
PHONE: 970-336-7235 EXT. 4391
Mr. Lee Morrison
Assistant Weld County Attorney
PO Box 758 (80632)
Centennial Building Complex, 3rd Floor
915 10TH St.
Greeley, CO 80631
RE: LEASE OF WATER RIGHT AGREEMENT
Dear Mr. Morrison:
Supplementing our fax of 4/16/03, and as requested, enclosed please find the original
signed water right agreement between Weld County, Colorado and the City of Fort
Lupton.
Sincerely, e— , l
Anne Drew
Administrative Secretary
ad
Enclosure: stated above
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