HomeMy WebLinkAbout20191821.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH SHARES AND AUTHORIZE
CHAIR TO SIGN - LLOYD LAND
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 Agreement for Fulton Ditch
Shares between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Lloyd Land,
commencing May 13, 2019, with terms and conditions being as stated in said lease 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 Lease Agreement for Fulton Ditch Shares between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Lloyd Land be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COO..ORADO
ATTEST: deasio
Weld County Clerk to the Board •
Deputy Cler
unty At orney
Date of signature: 5-1-1 IGl
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arbara Kirkmeyer,,
Mike Freeman, Pro -Tern
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2019-1821
BC0052
MEMORANDUM
TO: Clerk to the Board DATE: May 9, 2019
FROM: Clay Kimmi, P.E., Public Works Department
SUBJECT: BOCC Agenda
Contract ID # 2665
Agreement for the lease of twenty-eight (28) shares of Fulton Ditch for the 2019 irrigation season.
Please return one signed original for Mr. Lloyd Land's records.
2019-1821
86005 Z
611
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Lease of County Owned Ditch Shares for 2019
DEPARTMENT: Public Works DATE; April 18, 2019
PERSON REQUESTING: Clay Kimmi
Brief description of the problem/issue:
Weld County currently owns 28 shares of Fulton Ditch and 2 shares of Lupton Bottom water for use in future water court cases. The
ditch shares are currently in the process of being sold to Central Colorado Water Conservancy District.
An advertisement was sent to Fulton Ditch and Lupton Bottom shareholders announcing the acceptance of bids for the lease of the
ditch shares, including the previous bidders. The minimum bid was set at the amount needed to cover the assessments charged by the
ditch company. The 2019 annual assessment for the Fulton Ditch is $1,568.00. The 2019 annual assessment for the Lupton Bottom
Ditch is S4,800. Historically, we receive one or two bids when we contact the ditch company shareholders. The following bids were
received for the 2019 irrigation season:
Fulton Ditch
• Petrocco Farms bid a total amount of $1,568.00.
• James R. Anglin bid a total amount of $ 1,680.00.
+ Lloyd Land Farms bid a total amount of $Z100,
Lloyd Land Farms has agreed to provide us with the type of crops grown, location of the crops grown, and the amount of water used
prior to November 30, 2019.
Lupton Bottom Ditch
• No bids received.
Public Works will contact Ray Domenico Farms who leased the shares from the County in 2018 to determine if they are interested in
leasing the Lupton Bottom shares for the 2019 season.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Agree to lease the Fulton Ditch shares to Lloyd Land Farms. Agree to leases the Lupton Bottom shares to Ray Domenico
Farms if they are willing to lease the shares.
2. Do not lease the Fulton Ditch shares to Lloyd Land Farms. Do not lease the Lupton Bottom shares.
Recommendation:
Public Works recommends approval of the bids.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
4.1
Schedule
Work Session
Other/Comments:
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
April 30, 2019
Lloyd Land
6511 CR 51
Keenesburg, CO 80643
RE: Lease of Twenty -Eight Shares of Fulton Ditch for the 2019 Irrigation Season
Dear Mr. Land,
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch from Weld County for the 2019
irrigation season at a rate of $75 per share. This lease is for a single year and the lease for this year in no way
guarantees you the right to lease those shares in any subsequent year. Based on your bid amount of $75 per share,
the total cost for the 28 shares is $2,100.00.
Weld County also requires that you 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 that information via letter to Weld County prior to November 30, 2019. Please send
irrigation records to:
Weld County Public Works
Attention: Clay Kimmi
1111 H Street
Greeley, CO 80632
If you are agreeable, please sign two copies of this letter and return the originals along with a check for $2,100.00
made payable to Weld County at the address above before May 16th of this year. This agreement will become final
once 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. If you have any questions, please feel free to contact me at
970-400-3773.
Sincerely,
Clay Kimmi
Senior Engineer
Weld County Public Works
Lloyd Land ,,
ATTEST: Ud t'u jej • L
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Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Page 1 of 1
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From:
To:
Cc:
Subject:
Date:
Randy Ray
Clayton Kimmi
William Mihelich
Re: Fulton and Lupton Bottom Water Rights
Tuesday, January 15, 2019 7:04:25 PM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Billy was working on this. I think you should rent the shares, we couldn't legally use the water
in time.
Billy or I will get back to you on a purchase soon.
Sent from my iPhone
On Jan 15, 2019, at 3:27 PM, Clayton Kimmi <ckimmiaa weldgov.com> wrote:
Randy,
Before Devin left our employment he indicated that Central was still interested in
purchasing our shares of Fulton Ditch and Lupton Bottom water. Is Central still
interested in purchasing those shares and if so when do you want to start the
purchase? If it is later in the year, I will need to get the shares rented. If you want to
proceed sooner, I won't bother with renting the shares.
Clay Kimmi, P.E.
Senior Engineer
Weld County Public Works
1111 H St
PO Box 758
Greeley, CO 80632-0758
O: 970-304-6496 x 3741
F: 970-304-6497
<i m age003.j pg>
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