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Home My WebLink About20151299.tiff RESOLUTION RE: APPROVE AGREEMENT FOR LEASE OF STORAGE OF RURAL DITCH WATER AT HOKESTRA GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - VARRA COMPANIES, 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 an Agreement for Lease of Storage of Rural Ditch Water at Hokestra Gravel Pit 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 Varra Companies, Inc., commencing April 1, 2015, and ending April 30, 2015, 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 Lease of Storage of Rural Ditch Water at Hokestra Gravel Pit 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 Varra Companies, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC' F?W(FCICK)19-/L I 2015-1299 EG0072 AGREEMENT FOR LEASE OF STORAGE OF RURAL DITCH WATER AT HOKESTRA GRAVEL PIT-VARRA COMPANIES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of May, A.D., 2015, nunc pro tunc April 1, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W / �,,,,// < / GI ri do;€A Barbara Kirkmeyer, Chair / Weld County Clerk to the Board pp • Mike Freeman, Pro-Tem BY: (tkx0. C_. De utjt Clerk to the Board ,frons� te\4; 1 . 11.4\Sean P. wa APPROVED AS TO FOR A.�� :��,� �lJ�` - �ylieA. Cozad County Attorney ® ' ,ct.--�,� Q/N U e Steve Moreno Date of signature: 51428 2015-1299 EG0072 MEMORANDUM '► i � � �xh�' TO: Esther Gesick, Clerk to the Board DATE: April 29, 2015 4 G O U N?-` FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Lease Agreement for Varra Companies to Store and Release Rural Ditch Water for County's Hokestra Gravel Pit Water Rights Obligations Please place the attached agreement on the BOCC Agenda. The attached agreement is for the annual lease agreement with Varra Companies to store and release our shares of Rural Ditch water. For 2015, Varra will release water pursuant to the County's augmentation replacement schedule which has been approved by the Colorado Division of Water Resources. Varra only has to release our augmentation water for one month because Central Colorado Water Conservancy District is going to take over the storage and release obligations while they are storing water in the SE-1 and SE-2 cells at Hokestra. Varra is to release 14.5 ac-ft of water in May because there was no call on the river in April. The total cost of the agreement is $1,812.50 ($125/ac-ft) I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 61ks 2015-1299 Page I of I M'.ACla..Water Rights\rlokeetraAVarra Lease Memo to Clerk to the Board 1-29-LS dock EGCX) !-7 ez AGREEMENT THIS AGREEMENT is made and entered into this 2 7". day of 100r;j , 2015, by and between the County of Weld, a body politic of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, State of Colorado, whose address is 1150 "O" Street, Greeley, Colorado, 80631, (hereafter "COUNTY") and VARRA COMPANIES, INC. (hereinafter"VARRA"). WITNESSETH: WHEREAS, COUNTY owns water rights in the Rural Ditch and is required to make augmentation deliveries to the St. Vrain River in order to augment water which is depleted in the course of COUNTY'S mining activities at the Hokestra Gravel Pit, located in a portion of the NW 1/4 of Section 2, Township 2 North (T2N), Range 68 West (R68W) of the Sixth Principle Meridian (6th P.M.), Weld County, Colorado (hereinafter "COUNTY PREMISES"); and WHEREAS, VARRA owns and operates a lined gravel pit known as the "Von Ohlen and Dakolios East Reservoirs " in a portion of the S1/2 of Section 2, Township 2 North, (T2N), Range 68 West (R68W) of the Sixth Principle Meridian (6th P.M.), Weld County, Colorado (hereinafter"VARRA PREMISES"); and WHEREAS, water has been previously stored in VARRA'S Von Ohlen and Dakolios East Reservoirs in sufficient quantity to satisfy COUNTY'S augmentation obligation, and WHEREAS, VARRA is willing to sell to COUNTY and COUNTY is willing to purchase from VARRA the water needed to meet COUNTY'S required augmentation obligation, and WHEREAS. VARRA'S Von Ohlen and Dakolios East Reservoirs can be utilized to deliver water to the Saint Vrain River on behalf of COUNTY throughout the year via earthen concrete lined ditch, and WHEREAS, the parties desire to enter into an agreement to facilitate the use of VARRA'S Von Ohlen and Dakolios East Reservoirsto deliver water for the COUNTY. NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, IT IS HEREBY AGREED AS FOLLOWS: 1. VARRA agrees to deliver 14.5 acre feet of water associated with the COUNTY'S shares in the Rural Ditch which was previously stored in the Von Ohlen and Dakolios East Reservoirs to the COUNTY. Delivery of the water shall occur between April 1, 2015 and April 30, 2015 in coordination with the Division Engineer. The water is measured via a saddle weir on VARRA'S reservoir outlet works located on the VARRA PREMISES. c,tO/ 4,2_9, 2 In consideration of the delivery of water by VARRA as contemplated in this Agreement. COUNTY shall pay to VARRA $125.00 per acre-foot for each acre foot of water delivered from the Von Ohlen and Dakolios East Reservoirs for COUNTY'S benefit. The payment shall be due by May 15, 2015 based on the amounts delivered from VARRA'S 112 Pit for COUNTY'S benefit. 4. VARRA will provide accounting to COUNTY or to its designated representative to show the timing and amount of water released by VARRA from its Von Ohlen and Dakolios East Reservoirs for COUNTY'S benefit. 3. If VARRA determines it may not he able to, or cannot make the deliveries required by this Agreement due to matters beyond its control, it shall notify COUNTY immediately in writing so that COUNTY can make alternative arrangements. 4. The term of this Agreement is for one month and shall commence April 1, 2015, and shall terminate April 30. 2015. 5. Financial obligations of COUNTY payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, COUNTY does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 6. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 7. VARRA shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 8. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 9. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement. and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 10. In the event of a dispute between COUNTY and VARRA, concerning this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of V ARRA. 2 ummor 11. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 12. This document represents the complete agreement of the parties hereto and no oral modification shall he recognized. Any amendments or additions shall be made in writing signed by the parties. 13. This Agreement is binding upon the parties, their successors and assigns. [N WITNESS WHEREOF. VARRA and COUNTY, by the authority of its Board of Directors, caused this Agreement to be executed by their President on the date and year written below. VARRA COMPANIES, INC By: G00Fir‘")(et Name: G.,r'r`+f ✓`-r- • Title COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO. by and through the BOARD OF COUNTY C� COMMISSIONERS OF THE COUNTY OF ATTEST: C/ ' WELD Dep ty Clerk to the Board � S 1Lz�� Deputy Clerk to the B: r• ''•nom►`` :arbara Kirkmeye , Chairman MAY 062015 99 3 ATTEST: dialLet) .lto4 BOARD OF COUNTY COMMISSIONERS Weld C Clerk to the :oard WELD COUNTY, CO RADO BY: Depu y Clerk t the :yard S ilda` arbara Kirkmeyer, hair mAy/0 6 2015 APPROVED AS TO FUNDIN • ��'`t',� • PPROVED AS TO SUBSTANCE: 61020 ' 1.4 IA Controller —�"�� ! * Elected Official or Department Head APPRO A T Dire t of Pub is Works County A ey Page 4 of 4 Pages Hello