HomeMy WebLinkAbout20192567.tiffRESOLUTION
RE: APPROVE AMENDMENT TO SPECIFIC PERFORMANCE CONTRACT FOR WATER
SHARES AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER
CONSERVANCY DISTRICT
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 an Amendment to Specific Performance
Contract for Water Shares between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Central Colorado Water Conservancy
District, commencing upon full execution of signatures, with further terms and conditions being as
stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to Specific Performance Contract for Water Shares
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Central Colorado Water Conservancy District be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL.' • DO
ATTEST: dgernA) i-kr-L;€,k
Weld County Clerk the Board
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B
De uty Clerk to the Boari
APP
County Attorney
Date of signature: `Zila/C5'
Scat K. James
Steve Moreno
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CC 'CaCe)(3/BC)
9- /(e- i1
2019-2567
EG0076
AMENDMENT TO SPECIFIC PERFORMANCE CONTRACT
This Amendment ("Amendment"), entered into on June 27, 2019, hereby amends the Specific
Performance Contract dated June 5, 2019, entered into by and between the Ground Water Management
Subdistrict of the Central Colorado Water Conservancy District ("Purchaser") and Weld County Board
of County Commissioners ("Seller"). Seller and Purchaser may be referred to as the "Parties" in this
Amendment.
RECITALS
WHEREAS, the Parties entered into a Specific Performance Contract dated June 5, 2019 (the
"Agreement") for the conveyance of 28 shares in the Fulton Irrigation Company and 2 shares of the
Lupton Bottoms Ditch Company ("Shares") from Seller to Purchaser (the "Transaction"); and
WHEREAS, the Agreement anticipated the Transaction to close on June 28, 2019; and
WHEREAS, the Parties wish to amend the Agreement to set a new closing date.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the Parties
hereto, it is agreed as follows:
1. Seller and Purchaser desire and agree to extend the time for closing to continue research on
the transferable consumptive use of the Shares, and Seller's ability to convey to Purchaser
the necessary dry -up agreements. Accordingly, the Agreement is hereby amended and the
closing of the Transaction is extended and will take place at the offices of Lawrence Jones
Custer Grasmick LLP on Tuesday, July 23, 2019 at 10:00 a.m. or at such other hour on that
day as agreed by the parties.
2. Except as stated herein, the Agreement remains in full force and effect.
3. The Agreement, as amended herein, represents the entire agreement between the parties, and
may be amended only in a writing signed by the Parties.
Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District
Date: 7/3/9
Date: Z J L S L-01
By �
Ila dill Knutson, Preside t
Purchaser
By
For the Weld Cralunty Board of County
Commissioners, Seller
CIL
IFS
2019-2567
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