Loading...
HomeMy WebLinkAbout20170853.tiffRESOLUTION RE: APPROVE AGREEMENT FOR ASSIGNMENT OF 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 Agreement for Assignment of Water Shares between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Central Colorado Water Conservancy District, commencing upon full execution of signatures, with further terms and conditions being as stated in said 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 Agreement for Assignment of Water Shares between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and 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 agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ekeri#44) v• `e104;4 Weld County Clerk to the Board Steve Moreno, Pro -Tern BY puty Clerk to the Boar APPRO1D AS my Attorney arbara Kirkyer Date of signature: LA( I:2)/( Cc : C0.. C (38), F=/QCT COWfac) oL-1/(3/1 7 2017-0853 EG0074 AGREEMENT THIS AGREEMENT ("Agreement") is entered into thisp�71day of -21-14.41-, 1✓ 2017, by and between the Central Colorado Water Conservancy District and its subdistrict the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (collectively, "Central") and the Board of County Commissioners of the County of Weld ("County"). Central and County may be referred to individually as a "Party" or collectively as "Parties" in this Agreement. RECITALS WHEREAS, County is the owner of an unlined former gravel pit, consisting of a North Pond and a South Pond, located in the NW '/a and NE 'A of Section 19, Township 2 North, Range 66 West of the 6th P.M. in Weld County ("Bearson Pit"); and WHEREAS, evaporative depletions from the Bearson Pit impact the South Platte River above the h dgate of the Meadow Island No. 2 Ditch (North Pond), and above the headgate of the Evans o. 2 Ditch (South Pond); and WHEREAS, the County prosecuted an augmentation plan to replace out -of -priority depletions resulting from evaporative losses at the Bearson Pit, and such plan was decreed in Case No. 06- CW-274 ("Bearson Decree"); and WHEREAS, the Bearson Decree approved a change in use of County's shares in the Lupton Meadows Ditch Company ("LMDC Shares") from irrigation to augmentation and recharge, by direct release or storage; WHEREAS, County currently uses the LMDC Shares and fully consumable effluent pursuant to a perpetual lease with the City of Greeley ("Greeley Effluent") to replace the historical return flows associated with the LMDC Shares and evaporative depletions from the Bearson Pit; and WHEREAS, the Panics desire to enter into an agreement under which the County will make available to Central certain amounts of the Greeley Effluent on an annual basis and assign to Central the LMDC Shares in exchange for Central providing augmentation and replacement water to satisfy the County's obligations specified in the Bearson Decree to replace return flows associated with the LMDC Shares and evaporative depletions from the Bearson Pit. NOW, THEREFORE, in consideration of the mutual promises of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: Weld County- CCWCD/GMS Page 2 of 8 1. Assignment of LMDC Shares to Central. County hereby assigns all of its rights, title, and interests in the LMDC Shares, and all rights appurtenant thereto, to Central, including any and all rights in augmentation or other structures referenced in the Bearson Decree in which the County has a right to use. Assignment of the LMDC Shares may require request be made to and the approval of the Lupton Meadows Ditch Company (the "Company"). County agrees to take all steps necessary to comply with the bylaws of the Company and Colorado statutory requirements to permit the Company to issue new stock certificates for the LMDC Shares in the name of Central, including the payment of any stock transfer fees imposed by the Company. Once new stock certificates are issued for the LMDC Shares, Central shall be responsible for paying the annual assessments and special assessments associated with the LMDC Shares, and Central shall be entitled to request the water available from the LMDC Shares, vote the LMDC Shares on Company matters in Central's sole discretion, and otherwise enjoy all other benefits and obligations incident to ownership in the Company. 1.1. Compliance with the Bearson Decree; Representations. Central agrees that its use of the LMDC Shares shall comply with the terms and conditions of the Bearson Decree. County represents that the Bearson Decree: (1) approved a change in use of the LMDC Shares from irrigation to augmentation, by direct release or by storage and later release and recharge; (2) includes the right to totally consume the consumable portion of the LMDC Shares; (3) permits the storage of the LMDC Shares in Koenig Reservoir; and (4) and allows for use of the LMDC Shares in other plans for augmentation, either directly or via recharge or after storage, in a manner consistent with the Bearson Decree and the decrees approving such other plans for augmentation, and substitute water supply plans approved by the state engineer. 2. Greeley Effluent. County shall also assign to Central on an annual basis, twenty-four (24) AF of Greeley Effluent. Central's use of its portion of the Greeley Effluent shall be in accordance with the terms and conditions of the November 10, 2004 Agreement between County and the City of Greeley (the "Greeley Lease"), including, but not limited to, Central's acknowledgement that the Greeley Effluent shall generally be delivered to the Cache la Poudre River immediately below Greeley's wastewater treatment plant outfall. Central's use of its portion of the Greeley Effluent as described in this paragraph may require approval of the City of Greeley. The Parties agree to cooperative in good faith to secure the approval of the City of Greeley for Central's use of its portion of the Greeley Lease. Central and County agree that Central shall provide to County, by November 15th of each calendar year following execution of this Agreement, a 12 -month schedule specifying Central's anticipated monthly needs for its portion of the Greeley Effluent for the upcoming year and County shall be responsible for providing Greeley Effluent to Central in accordance with the 12 -month schedule. In no event shall the schedule provide for delivery of more than five (5) AF in any one month without the Weld County- CCWCD/GMS Page 3 of 8 approval of the County. To the extent that Central's requested deliveries of Greeley Effluent for any year total less than fifteen (15) AF, County reserves the right to use the balance of the unrequested Greeley Effluent for its own purposes during that year. 3. Bearson Decree Obligations. In exchange for the assignment of the LMDC Shares, Central hereby agrees to provide replacement and augmentation water in amounts sufficient to meet County's obligations under the Bearson Decree to replace return flows associated with the LMDC Shares and evaporative depletions associated with the Bearson Pit (collectively the `Bearson Obligations"). 3.1. Location of Return Flows and Evaporative Depletions. Central acknowledges that approximately half of the return flows attributed to the LMDC Shares impact the South Platte River in the NE '/4 of Section 19, Township 2 North, Range 66 West and that approximately half of the return flows impact the South Platte River in the SW '/4 of Section 18, Township 2 North, Range 66 West. Central further acknowledges that evaporative depletions from the North Pond of the Bearson Pit impact the South Platte River above the Meadow Island No. 2 Ditch headgate in the SE '/4 of the SW 'A of Section 18, Township 2 North, Range 66 West of the 6th PM, and that evaporative depletions from the South Pond of the Bearson Pit impact the South Platte River above Evans No. 2 Ditch headgate in the SW '/4 of the NE % of Section 19, Township 2 North, Range 66 West of the 6th PM. 3.2. Class C Contract. Central will issue County a Class C contract substantially similar to the one attached hereto as Exhibit A. Central shall provide to County water in amounts sufficient for County to satisfy the Bearson Obligations from sources which Central currently owns and for which are lawfully available for augmentation and replacement uses, or which Central acquires in the future for such uses. Central shall provide fully consumable water to meet the return flow portion of the Bearson Obligations at times when there is a valid downstream call senior to December 28, 2006 and on a daily basis for the evaporative depletions attributed to the Bearson Pit. Central shall deliver such augmentation and replacement water at the locations described in paragraph 3.1 above, or at other locations above the downstream calling water right. 4. Conditions Precedent. In the event any of the conditions in this paragraph are not satisfied, then neither Party shall be obligated to perform under this Agreement and this Agreement shall be null and void 4.1. County shall provide notice of the Class C Contract in accordance with the ¶ 16.3 of the Bearson Decree, and obtain Water Court approval, if necessary. Central shall cooperate with County's efforts to file the notices and obtain any approvals. Weld County- CCWCD/GMS Page 4 of 8 4.2. The City of Greeley shall provide approval of Central's use of the Greeley Effluent as contemplated by this Agreement. 4.3. Central intends to use the consumable water available from the LMDC Shares and its portion of the Greeley Effluent in the augmentation plan decreed in Case No. 02-CW-335 (the "GMS Plan"). Central shall be responsible for filing such notice(s) and obtaining the necessary approvals to use the LMDC Shares and the Greeley Effluent in the GMS Plan. County agrees to cooperate with Central's efforts to file the notice(s) and obtain any approvals. 4.4. The Company must approve the assignment of the LMDC Shares from the County to Central. 4.5. The Class C Contract must be approved in accordance with Colorado Water Conservancy District Act. 5. Accounting. Central shall retain sole responsibility for the accounting requirements as described in the GMS Plan Decree and County shall retain sole responsibility for the accounting requirements as described in the Bearson Decree. Central shall provide to County such information that Central is in a better position to know because of the assignment of the LMDC Shares pursuant to this Agreement, including but not limited to LMDC Shares delivery amounts, return flow obligation calculations and sources used to meet such obligations, volumetric limits associated with the LMDC Shares, the amount of water attributed to the LMDC Shares delivered to and released from Koenig Reservoir, and other accounting information as required by the Bearson Decree. Central shall also provide to County an accounting showing which sources Central has used to meet the Bearson Pit evaporative depletion replacements to show that water was delivered above the downstream calling water right. 6. Duration and Termination. The term of this Agreement shall be perpetual. However, in the event that either Party wishes to terminate this Agreement, that Party may do so by providing the other Party written notice of its intent to terminate. Such termination shall be deemed effective after the delivery schedule described in paragraph 2 above has been complied with, or on a later date mutually agreed to by the Parties ("Termination Date"). In the event this Agreement is terminated, all rights, title, and interests in the LMDC Shares, and all rights appurtenant thereto, shall revert back to County as of the Termination Date. Central's right to receive the Greeley Effluent shall cease as of the Termination Date. Central's obligations under this Agreement to provide replacement and augmentation water to satisfy the Bearson Obligations shall also cease as of the Termination Date. Weld County- CCWCD/GMS Page 5 of 8 7. Representations and Warranties. 7.1. County represents and warrants to Central as follows: 7.1.1. Authorization; Enforceability. The execution, delivery, and performance of this Agreement by County and all other agreements to be executed, delivered and performed by County pursuant to this Agreement (collectively, the "County Documents") and the consummation by County of the transactions contemplated hereby and thereby have been duly authorized by all requisite action on the part of County. This Agreement and the County Documents have been duly executed and delivered by County and constitute the legal, valid, and binding obligation of County. 7.1.2. County is a Governmental Entity. This Agreement is entered into pursuant to sections 29-1-201 through 203, C.R.S. County is a political subdivision of the State of Colorado within the meaning of section 29-1-202(2), C.R.S., and therefore is a government within the meaning of section 29-1-2020). 7.1.3. Title and Related Matters. County has a valid ownership interest in the LMDC Shares. County has not made or permitted any amendment or termination of the Greeley Lease that would limit County's ability to provide Central the Greeley Effluent in the amount stated in paragraph 2 of this Agreement. 7.1.4. Litigation and Proceedings. Regarding the LMDC Shares, there are no actions, suits, proceedings, or investigations pending or, to the knowledge of County, threatened in writing by or against County, or affecting County, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. 7.2. Central represents and warrants to County as follows: 7.2.1. Replacement Water is Fully Consumable. Central warrants that the water used to satisfy its obligations under this Agreement is fully consumable water decreed for beneficial use including augmentation and replacement uses. 7.2.2. Authorization; Enforceability. The execution, delivery and performance of this Agreement by Central and any other exchange documents to be executed, delivered and performed by Central pursuant to this Agreement (`Central Documents") and the consummation by Central of the transactions contemplated hereby and thereby, have been duly authorized by all requisite action on the part of Central. This Agreement Weld County- CCWCD/GMS Page 6 of 8 and the Central Documents have been duly executed and delivered by Central and constitute the legal, valid and binding obligation of Central. 7.2.3. Central is a Governmental Entity. This Agreement is entered into pursuant to sections 29-1-201 through 203, C.R.S. Central is a political subdivision of the State of Colorado within the meaning of section 29-1-202(2), C.R.S., and therefore is a government within the meaning of section 29-1-202(1). 8. Governing Law, Venue. This Agreement and its application shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any litigated dispute regarding this Agreement shall be the District Court in and for Weld County Colorado, unless any such issues are water matters as defined by C.R.S. § 37-92-203, for which the Parties agree that jurisdiction and venue for any litigated disputes shall be in the District Court, Water Division No. 1. 9. Headings for Convenience Only. Paragraph headings and titles contained herein are intended for convenience and reference of the Parties only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 10. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given and effective when delivered by electronic mail, Express Mail, Federal Express, or like service, or on the third mail delivery day after it is deposited in the United States mail, postage prepaid by certified or registered mail, return receipt requested, addressed to the parties as follows: If to County: If to Company: Weld County Board of County Commissioners do Weld County Attorney 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Central Colorado Water Conservancy District General Manager 3209 W. 28th Street Greeley, Colorado 80634 11. Assignment of Rights. The Parties may not assign or sublease their rights or delegate their duties hereunder without the prior written consent of the other Party. 12. Entire Agreement; Incorporation. This Agreement represents the entire agreement of the Parties, and supersedes any other prior agreements and understandings of any type, both Weld County- CCWCD/GMS Page 7 of 8 written and oral, among the Parties with respect to the subject matter hereof and no oral modification shall be recognized. Any amendments or additions shall be made in writing signed by the Parties 13. Multiple Originals. This Agreement may be executed in any number of counterparts, each of which shall be deemed original, and all of which constitute one and the same agreement. 14. Waiver or Breach. No waiver or breach of any of the provisions of this Agreement by either of the Parties shall constitute a continuing waiver of any subsequent breach by said party, whether of the same or any other provision of this Agreement. 15. Specific Performance Available. In the event of litigation, mediation, arbitration or other dispute resolution process concerning this Agreement, the remedy of specific performance will be available to the Parties. 16. Force Majeure. The Parties shall not be considered to be in default in performance of any obligation hereunder, nor liable for damages therefor, for such periods of time that failure of performance shall be due to a Force Majeure Event. A "Force Majeure Event" means any cause beyond the control of the Party affected, including, but not limited to, embargoes, epidemics, major failure of facilities, flood, earthquake, fire, volcanic action, nuclear accident, terrorist acts, war, riot, civil disturbance, labor disturbance, work stoppages, sabotage, and restraint by court order or public authority with authority to regulate matters pertaining to water, public health or pollution control which, by exercise of due foresight, such Party could not reasonably have been expected to avoid and which, by exercise of due diligence, it shall be unable to overcome. The Parties shall not, however, be relieved of liability for failure of performance if such failure were due to causes arising from its own negligence or causes, which it fails to remove or remedy with reasonable dispatch. 17. Third Party Beneficiaries. This contract is solely between the Parties and, except as specifically provided, no director, officer, stockholder, member, employee, agent, independent contractor, or any other person or entity shall be deemed to be a third party beneficiary of this Agreement. 18. Binding Agreement. This Agreement binds and benefits the Parties and their respective survivors, heirs, successors, and assigns. 19. Immunity. Neither Central or County waive their rights, protections or privileges under the Colorado Constitution and/or the Governmental Immunity Act. Weld County- CCWCD/GMS Page 8 of 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers, hereunto duly authorized, as of the date firctE,y.pove-written. �.�ONATERgp'' ``,uut,,,p FG%� `,o. $ENTSU ". � SEAL<c •�Q�oPpORg.�s0�� U. 'Q; V s.. 1965 IN _a: SEA,' •1c CENTRAL COLORADO WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT By R Knutson, Preset yt ,.'tea7 o• g73 •.'� y'. • 6'1'10RA00 ''•......-Poo' 111111 ��• [SEAL] [SEAL] ATTEST: By Randy Ray, Secretary al - WELD COUNTY: ,,/ /, ATTEST: L'/ utd.04 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Clerk to the Bo WELD COUNTY, COLORADO lie A. Cozad, Chair MAR 2''7 2017 2o'7- ags,3- RE: AGREEMENT FOR AUGMENTATION AND REPLACEMENT WATER - LUPTON MEADOWS DITCH COMPANY APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director o General Services APPROVED AS TO FUNDING: A Iola Controller RM: Esther Gesick From: Sent: To: Cc: Subject: Chloe and Devin, Esther Gesick Monday, January 15, 2018 4:46 PM Chloe Rempel; Bruce Barker Cheryl Hoffman; Devin Traff; Chris D'Ovidio; Esther Gesick RE: Transfer of Lupton Meadows Ditch Stock Certificates 1) Bruce can correct me if I don't quite accurately capture this, but he and I just spoke and he indicated we do not need to have items #2017-0052 thru #2017-0586 recorded (which included the original documents with Central Colorado Water Conservancy District for the Purchase and Sale Agreement, Assignment of Water Shares, Mining Lease, ROW Operations Agreement, and Water Storage Agreement all dated 3/27/2017). Please proceed with finalizing distribution and filing. 2) Similarly the related Stock Assignment (#2017-3870, dated 11/13/17) does not need to be recorded. He also indicated that we may go ahead and release the original Stock Certificates that we have in our possession (No. 0475 = 18 shares; No. 0624 = 8 shares; and No. 0631= 26 shares) to Devin to come and pick up, and Bruce is working on providing an Indemnification from the County for the 0.25 Share from the Slavic property, which will be the final piece to satisfy the obligations under the Bearson Court Decree and the resulting agreement between the County and Central. 3) On a separate item of business, but somewhat related is document #2017-1058, dated 4/17/2017, for the Four (4) Petitions for Class C Irrigation and Non -Irrigation Water Allotment Contracts with Central — please contact Lynn Kramer to see if the last two Contracts No. 1177 and No. 1178 have been signed. If so, we need to have the originals returned so we can have them recorded (perhaps not because it is required, but because the other two No. 1174 and 1175 were already recorded and we should stay consistent within this same document). 4) Accounting is copied on this message and is cleared to go ahead and make the necessary Banner entries and payments. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, November 13, 2017 11:22 AM 1 To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Devin Traff <dtraff@weldgov.com> Subject: Transfer of Lupton Meadows Ditch Stock Certificates Bruce, Attached are the items we discussed this morning. I am hoping to close out 2017-0853 pending revisions regarding the Class C Contract and recording. If you would like that document recorded, then I believe I will also need to record 2017-3870. Esther will create new certificates once we have the go ahead from you. 2017-0853: Pending decision on Class C Contract and recording 2017-3870: 11/13 Consent Agenda Thank you! Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 cAI`a5/ I"7 Chloe Rempel From: Sent: To: Cc: Subject Bruce Barker Friday, April 14, 2017 9:38 AM Chloe Rempel; Don Warden; Barb Connolly Esther Gesick; Cheryl Hoffman RE: FINAL RESOS - 5 Agreements Not yet. I need to finalize some things on them regarding th Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Friday, April 14, 2017 9:15 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co,us> Cc: Esther Gesick <egesick@co.weld.co.us>; Cheryl Hoffman <choffman@CO.WELD.CO.US> Subject: RE: FINAL RESOS - 5 Agreements Bruce, None of the five documents have been recorded, per your conversation with Esther and Cheryl. The documents have been finalized as they appear in the above attachments. Would you like me to have them recorded? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 o2D/7- d ���•L' v,,oc� 020/7-0x5? Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Friday, April 14, 2017 8:33 AM To: Chloe Rempel <cremoel@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnollv@co.weld.co.us> Subject: RE: FINAL RESOS - 5 Agreements Have these been sent to recording? We need to double-check to see they have all of their attachments. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Thursday, April 13, 2017 9:36 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Subject: FINAL RESOS - 5 Agreements Hello, Attached are the final resolutions signed by the Board of County Commissioners. Please forward as necessary. 2017-0852: Purchase and Sale Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2 r 2017-0853: Agreement for Assignment of Water Shares — Central Colorado Water Conservancy District 2017-0854: Mining Lease for Hokestra Property —Central Colorado Water Conservancy District 2017-0855: Right -of -Way Operations Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2017-0856: Agreement for Use of Water Stored in Koenig Reservoir — Central Colorado Water Conservancy District Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Hello