HomeMy WebLinkAbout20171055.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH SHARES AND AUTHORIZE
CHAIR TO SIGN - PETROCCO FARMS
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 Petrocco
Farms, commencing April 17, 2017, 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 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 Petrocco Farms, 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 17th day of April, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOjADO
ATTEST: thz+w Six/do•a
Weld County Clerk to the Board
BY
APPR
y Attorney
Date of signature:
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uiie A. Cozad, Chair
Steve Moreno, Pro=
Sean P. Conway
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rbara Kirkme - r
2017-1055
BC0050
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MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 12, 2017
FROM: Devin Traff, Engineer I, Public Works
SUBJECT: Lease Agreement for Fulton Ditch Shares
Lin
1 -1
Weld County owns 28 shares of Fulton Ditch water which is leased each year to show continued
beneficial use of the water. An advertisement was sent to Fulton Ditch shareholders announcing the
acceptance of bids for the lease of the ditch shares. The minimum bid was set at the amount needed to
cover the assessments charged by the ditch company. The following bid was received for the 2017
irrigation season:
• Petrocco Farms, Inc. desires to lease the Fulton Ditch water at the rate of $56 per share for a
total of $1,568.00.
Enclosed is the approved pass -around review, a check for $1568.00 from Petrocco Farms, and two (2)
originals of the signed lease agreement which require the signature of the Board Chair and Deputy Clerk
to the Board.
Public Works recommends approval of this bid. Once the agreement has been approved and signed,
please return a signed original to me so I can send it to Mr. Petrocco. Contact me with any questions
regarding this agreement.
2017-1055
Page I of I
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Lease of Fulton Ditch shares for 2017
DEPARTMENT: Public Works DATE: April 4, 2017
PERSON REQUESTING: Devin Trail
Brief description of the problem/issue:
Weld County currently owns 28 shares of Fulton Ditch 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 Fulton Ditch shareholders announcing the acceptance of bids for the tease 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 ($1568.00). Historically, we receive one or two bids when we
contact the ditch company shareholders. The following bid was received for the 2017 irrigation season:
• Petrocco Farms, Inc. desires to lease the Fulton Ditch water at the rate of $56 per share for a total of
$1,568.00.
Petrocco 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, 2017. Petrocco 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)
I . Agree to lease the Fulton Ditch shares to Petrocco Farms.
2. Do not lease the Fulton Ditch shares to Petrocco Farms.
Recommendation:
Public Works recommends approval of this bid.
Approve
Rcco emendation
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Mike Freeman
Sean P. Conway
Barbara Kirkmeyer
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
March 21, 2017
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty -Eight Shares of Fulton Ditch for the 2017 Irrigation Season
Dear Mr. Petrocco,
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch from Weld County for the 2017
irrigation season at a rate of $56 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 $56 per share,
the total cost for the 28 shares is $1,568.00.
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, 2017. Please send
irrigation records to:
Weld County Public Works
Attention: Devin Traff
P.O. Box 758
Greeley, CO 80632
If you are agreeable, please sign two copies of this letter and return the originals along with a check for $1,568.00
made payable to Weld County at the address above before April 10th 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
970-304-6496 x 3773.
Sincerely,
Devin Traff
Water Resources Engineer
Weld County P► blic Works
ATTEST: ''
Weld
BY:
Jeito:vi
lerk to the Boar
Deputy CIe7to th' :oard
7
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR £ DO
ie Cozad, Chair
Page 1 of 1
APR 1 7 2017
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Petrocco Farms, Inc.
Vendor: Weld County PubWPE WOrKkDdssl8ri6142
Operating Account Brighton. CO 80601
Invoice No. Invoice Date Description
ST032117 03/21/17 28 SHARES FULTON WATER
Check No.: 59468
ID: 2694
Check Date: 03/27/17 Currency: USD
59468
P.O. No- Voucher Amt Discount Amt Pay Amount
1,568.00 .00 1,568.00
Totals: 1.568.00
1,568.00
PETROCCO FARMS, INC.
0 OPERATING ACCOUNT
14110 BRIGHTON ROAD
BRIGHTON, COLORADO 80601
PH. (303) 659-6498 FAX (303) 659-7645
Pay One Thousand Five Hundred Sixty -Eight Dollars and 00 Cents USD
TO THE
ORDER
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Weld County Public Works Department
P.O. Box 758
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59468
VALLEY BANK & TRUST
Brighton, CO 80601
82-544/1070
DATE CHECK NO. CHECK AMOUNT
03/27/17 59468 1,568.00
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RECEIPT DATE Lat / , 3/ go -7
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"a8' Shares
BY __Ca2eR
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: mwaltersco.weld.co.us
E-mail: reverett@co.weld.co.us
Phone: (970) 400-4222 or 4223
Fax: (970) 336-7226
DATE OF BID: MARCH 21, 2017
REQUEST FOR: WATER IRRIGATION RIGHTS FOR LEASE
DEPARTMENT: PUBLIC WORKS DEPT -
BID NO: #B1700070
PRESENT DATE:
APPROVAL DATE: (DUE TO COST DOES NOT NEED TO BE PRESENTED TO BOCC)
VENDORS
PETROCCO FARMS INC
14110 Brighton Rd
Brighton CO 80601
DOMENICO FARMS
9320 Hwy 66
PO Box 424
Platteville CO 80651
FULTON DITCH
(28 SHARES)
(Min. bid = $56/share)
$56.00/SHARE
($1568.00)
LUPTON BOTTOM WEST
(2 SHARES)
(Min. bid= $1500/share)
$1500/SHARE
($3,000)
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