HomeMy WebLinkAbout20151141.tiff RESOLUTION
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 22, 2015, 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 22nd day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: L� Sc . o;u�.
cc�/ arbara Kirkmeyer, Chair
Weld County Clerk to the Board U ,, (,
�1�`-'-__IS
( Mike Freeman, Pro-Tem
Br Q0�4� X t —
uty Clerl�to the Bo El, �♦ � / S
�� Sean P. Co way /\
APPROVED FOR ism i�ozad
II��1
County Attorney b EXCUSED
Steve Moreno
Date of signature:
5I ♦�r i�
CC �c,g); vat )
�I
2015-1141
BC0048
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 17, 2015
G G N T 21 FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Lease Agreement for Fulton Ditch Shares
Please place the attached agreements on the BOCC Agenda. Once the agreements have been signed,
please return one signed original back to me so I can provide it to Mr. Petrocco.
On Monday, March 30, 2015, the BOCC accepted and approved the bid to lease 28 shares of Fulton
Ditch water to Petrocco Farms, Inc. for agricultural use. The ditch shares are currently owned by Weld
County for use in a future water court case. Since the ditch shares are not currently allocated to any
substitute water supply plan, we lease the water each year to show continued use of the water. Failure to
show continued use of the water will severely injure the County's ability to use the water for future
augmentation uses.
We published a bid advertisement in the Greeley Tribune, Fort Lupton Press, and Lost Creek Times
announcing the acceptance of bids for the lease of the ditch shares. We notified individual landowners in
the vicinity of the ditch. We also notified the Ditch Company, each share owner, and previous bidders.
One bid was received for the lease of the Fulton Ditch shares. For the 2015 irrigation season, Petrocco
Farms, Inc. desires to lease the water at the rate of$71 per share for a total of$1,988. The $1,988
received from Petrocco Farms, Inc. will cover the cost of the assessment charged by the ditch company.
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, 2015.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
RECEIVED
APR ' 7 4015
WELD COUNTY
COMMISSIONERS
2015-1141
Page I of I
.\1`:Clo.Watt,'ma Rights'Pulmn Ditch`FOIu c Ditch Leo,'NI ono ro Clerk to Heu r i. e.
,fie 1 PUBLIC WORKS DEPARTMENT
t'�rl 1111 H STREET, O. BOX 758
r,, Ott GREELEY, COLOROLORADO 806320632 WEBSITE: WWW.CO.WELD.CO.US
��v _U ti T PHONE: (970) 356-4000, EXT. 3750
FAX: (970)304-6497
April 6, 2015
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty-Eight Shares of Fulton Ditch for the 2015 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 2015 irrigation season at a rate of $71/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 $71/share, the total cost for the 28 shares is
$1 ,988 (28 shares x $71/share). Please make your check payable to Weld County.
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, 2015. Please send irrigation records to:
Weld County Public Works
Attention: Clay Kimmi
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 ,988 made payable to Weld County to me at the address above. The 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 3741.
Page 1 of 2
M'.\Clay\Water Rights\Fulton Ditch\2015 Fulton Lease Letter-Petrocco.dOCx
Yours truly,
Clay Kimmi, P.E.
Weld County Public Works
Petro≥co Farms ` Date
ATCT�T: BOARD OF COUNTY COMMISSIONERS
adr 11 V JCL; i,s.A„ WELD COUNTY, COLORADO
Weld C my Clerk to the t,I1,,A./N.
„w,!J
BY
Deputy lerk to the 14 rd'. ) arbara Kirkmey r, Chair PR 2 2 2015
Y T•:: P a`V
AP OVED AS TO F N ( .(, „! � APPROVED AS TO SUBSTANCE:
1 ,,iAiaController/Finan Dir Eletc9ed icial or Department Head
APP
Cou ttorney
Original: Petrocco Farms
CC to File: Fulton Ditch Water Rights
Bob Frick, Weld County
Barb Connolly, Weld County
Page 2 oft
Mi Clay\Water Rights\Fulton Ditch\2015 Fulton Lease Letter-Petrocco.docx 020/6-
//,L/6
O O
— O O
c m 0
m o a,
v-I E m
LU Q
U) m
o_
O O
t O O
a
C
O
U M
❑ `O
CO
- O o C )
G CO m C.)
iii
W
U
O
(Id%
> O
N
O TO
Z O
• O ~ CA
c a •
` (n
E p
g
m
' -IN-CHI) 4
u_ rts
d
O 1 J11 m
U N.
O ^
y n
d
a ry n 1
�IO o o CMJ
n m
U j
00 U W 00
to❑ Q LC
N
i c j= in ❑
o u) a
tm Z v
2m ° O 0
i5.- _
0'4 LL C I— 0
g° m ° a a'
yb▪Q U w
JC0 U ° ul
a-d50S W w u
U > W
w cc „ w 6
S°, o W o < z o=
U c v M N w O u to
-O - o 7 Et O < U
d L.O
o
c N• C Z 3£909 OO Aelaai0
• U
▪ o a 89L x09 Od DAI
> ` CO 0 pJeo8 ay; of MJal0 „_
opeiolo0 'A)unoo PIaM [
Hello