HomeMy WebLinkAbout20181363.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LUPTON BOTTOM DITCH SHARES AND
AUTHORIZE CHAIR TO SIGN - RAY DOMENICO FARMS, INC.
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 Lupton Bottom
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 Ray Domenico
Farms, Inc., commencing April 30, 2018, with terms and conditions being as stated in said lease
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease 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 Lupton Bottom Ditch Shares between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of th:a Department of Public Works, and Ray Domenico Farms, Inc., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Acting Chair Pro-Tem 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 30th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddr44,1) v•p'�,C
Weld County Clerk to the Board
BY:
Deputy Cerk to the
AP "• DST
ounty�Attorney
Mike Freeman, Acting Chair Pro -Tern
Date of signature: 06411—e
EXCUSED
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Sean P. Conway
CC: Pw(1DTJCKICH)
Fl (oM) CA (6e
oo-la-is
2018-1363
BC0051
/0/ 77,5
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Lease of Lupton Bottom Ditch Shares for 2018
DEPARTMENT: Public Works DATE: April 17, 2018
PERSON REQUESTING: Devin Traff
Brief description of the problem/issue:
Weld County currently owns two (2) shares of Lupton Bottom West Lateral water for use in future water court
cases. Since the ditch shares are not currently allocated to any substitute water supply plan, the water is leased
each year to show continued use of the water. Failure to show continued use of the water may injure the
County's ability to use the water for future augmentation uses. The use of the ditch shares is limited to
agricultural use only.
An advertisement was sent to Lupton Bottom West Lateral 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 ($4,800.00). Historically, we receive one or two bids when
we contact the ditch company shareholders. The following bid was received for the 2018 irrigation season:
• Ray Domenico Farms, Inc. desires to lease the Lupton Bottom West Lateral water at the rate of
$2,400.00 per share for a total of $4,800.00.
Ray Domenico Farms, Inc. 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, 2018. Ray Domenico Farms has leased these shares from
us for several years and they have provided the required information for each year that they have leased the
water.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Agree to lease the Lupton Bottom Ditch shares to Ray Domenico Farms.
2. Do not lease the Lupton Bottom Ditch shares to Ray Domenico Farms.
Recommendation:
Public Works recommends approval of this bid.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule
Work Session Other/Comments:
2018-1363
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
March 22, 2018
Ray Domenico Farms, Inc.
Mr. Gregory Domenico
P.O. Box 424
Platteville, CO 80651
RE: Lease of Two Shares of Lupton Bottom Ditch for the 2018 Irrigation Season
Dear Mr. Domenico,
It is my understanding that you wish to lease two (2) shares of Lupton Bottom West Lateral from Weld County for the 2018
irrigation season at a rate of $2,400 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 $2,400 per share, the total cost for the
2 shares is $4,800.00. The lease payment may be paid in two (2) separate installments. The first payment of $2,400.00 is due
April 16th and the second payment of $2,400.00 is due July 25th of this year.
Ditch shares must be used for irrigation purposes only. Depending on the location of the point of diversion, the ditch company
may reduce the amount of water delivered to account for ditch seepage and evaporation. You are responsible for notifying the
ditch company that you will be utilizing Weld County Shares. 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, 2018. Please send irrigation records to:
Weld County Public Works
Attention: Devin Traff
1111 H Street
Greeley, CO 80632
If you are agreeable, please sign two copies of this letter and return the originals along with the first payment of $2,400.00 made
payable to Weld County at the address above by April 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,
Devin Waif
Staff Engineer
Weld County Public Works
Ray
ATTEST:
Weld
BY:
to t e Boa
rQ1c a, ,gO/2?
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Acting Chair Pro-Tem
APR 302018
Page 1 of 1
2o'? O(,i
Hello