HomeMy WebLinkAbout20141247.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 21, 2014, 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 21st day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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2014-1247
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•
186, MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 17, 2013
::c O U N T Y j FROM: Clay Kimmi, P.E., CFM, 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.
On Wednesday, March 26, 2014, the BOCC accepted and approved the bid to lease 28 shares of Fulton
Ditch water to Petrocco Farms 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.
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 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 2014 irrigation season, Petrocco Farms desires to lease the water at the rate of$71 per share for
a total of$1,988. The $1,988 received from Petrocco Farms will cover the cost of the assessment
charged by the ditch company.
Petrocco Farms has agreed to provide our right rights engineer, Clear Water Solutions, with the type of
crops grown, location of the crops grown, and the amount of water used prior to November 30, 2014.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
Once the agreements have been signed, please send one of them back to me so that I can provide it to
Mr. Petrocco.
2014-1247
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M:\Clay\Water Rights\Fulton Ditch\Fulton Ditch Lease Memo to Clerk to the Board 4-17-14.docx
• � 1$Fjl f PUBLIC WORKS DEPARTMENT
j 1111 H STREET, P.O. $OX 758
\ \ 1 r GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
12-1 G U N T Y .J PHONE: (970)356-4000, EXT. 3750
FAX: (970) 304-6497
March 31, 2014
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty-Eight Shares of Fuiton Ditch for the 2014 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 2014 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 Clear Water Solutions
prior to November 30,2014. Please send irrigation records to:
Clear Water Solutions, Inc.
Attention: Michelle Hatcher
8010 S. County Road 5, Ste. 105
Windsor, CO 80528
If you are agreeable, please sign two copies of this letter and return the originals along with a check for
$1,988 made payable to Weld County to me at the address above. The agreement will become final once
it is ratified by the Board of County Commissioners in a regular business meeting. One of the fully
executed originals will then be returned to you for your records.
If you have any questions, please feel free to contact me at 970-304-6496 x 3741 or Michelle Hatcher at
970-223-3706.
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fv1:\Clayl'Nater Rights\Fulten Ditch12014 Fulton Lease Letter-Petrocco.docx
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Yours truly,
1,)
Clay Kimmi, P.E., CFM
Weld County Public Works
o v (tom APR 2 1 7014
Douglas Rademacher, Chair Date
Board of County Commissioners
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P r is Date
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Original: Petrocco Farms
CC to File: Fulton Ditch Water Rights
Bruce Barker, Weld County
Barb Connolly,Weld County
PC by Post: Michelle Hatcher,Clear Wafer Solutions,Inc.
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M:\Clay\Water Rights\Fulton Ditch12014 Fulton Leese Letter-Petrocco.dOcx
0170/$// I7
,'p�zqp��p,�pgC_. Petrocco Farms, Inc.
Vendor: Weld Cor�t'IYiq'krkbGN['gilgTYdH'Ctl`soeot ID: 2694
5
Invoice No. Invoice Date Description P.O. No. Voucher Amt Discount Amt Pay Amount ST033114 03/31/14 28 SHARES FULTON WATER 1,988.00 .00 1,988.00
Check No.: 52775 Check Date: 04/07/14 Currency:USD Totals: 1,988.00 .00 1,988.00 •
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