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HomeMy WebLinkAboutC04-409 J. Craig Butters and M. Brunilda Butters LEASE AGREEMENT .~/, 2004, This Lease Agreement is ma en the Boarde Coun~Commissioners of Eagle County, effective April 1, 2005 by and betwe y whose Colorado (Lessor) and J. Crai Butters and M. Brunilda Butters (collective) "Lessee"), address is P. O. Box 264 Ea le Colorado 81631. WITNESSETH WHEREAS, Lessor is the owner of certain water rights specifically described as follows: Neilson-South Ditch No. 102, 276, with source of supply as Brush Creek: 2.00 cubic feet of water per second of time, Priority No. and 5.71 cubic feet of water per second of time, Priority No 3, 1936. 367, adjudicated August 2, 1934; 455 GGG, adjudicated October 'th all a urtenances thereunto belonging (hereinafter referenced as "Lessor's water rights"); wi pp and WHEREAS, Lessee desires to lease a portion of Lessor's oun rlColoradohmorrepose of irrigation of a portion of Lessee's real property located in Eagle C y' e 84 W. of the 6th P.M.; specifically described as Tract 66D, Section 32, Township 4 South, Rang and WHEREAS, Lessor agrees to lease to Lessee a onditions set forth below; and der Lessor's water rights subject to the specific terms and WHEREAS, the parties desire to set forth in writing the terms of their agreement and related matters; AGREEMENT NOW, THEREFORE, for and in consideration of the pof whichis herebyea~knowledged, good and valuable consideration th ort o oft e waterfdiverted under Lessor's water rights Lessor agrees to lease to Lessee a p subject to the following terms and conditions: G:\LEASES\2005 Butters Water Lease.DOC P.O. Box 850 "Eagle, Colorado 81631 (970) 328-8880 office • ~ • (980) 328-8899 fax ~ • Le~lter of Ti~nsmiltal To: Craig and Brunilda Butters From: Kim Balzarini Fax Documents: 4 Orioinal I sacs An~aan,cn+~ Phone: Date: 11/29/2004 Re: 2005 Water Lease CC: Helen Migchelbrink ^ Urgent m For Signature ^ Please Comment 0 Please Return ^ Please Recycle • Comments: Dear Craig and Brunilda, Attached please find four (4) original water lease agreements for the Neilson South Ditch. Please sign the originals and send them all back to my attention by December 10. 2004. Once the Board of County Commissioners has executed the agreements, a copy will be returned to you for your records. Please do not date the front page of the agreement. Sincerely, Kim Balzarini Eagle County Facilities Management (970) 328-8889 LEASE AGREEMENT This'Lease Agreement is made and executed this ~ day of , 2004, effective April 1, 2005 by and between the Board of County Commissioners of Eagle County, Colorado (Lessor) and J. Craig; Butters and M. Brunilda Butters (collectively "Lessee"), whose address is P. O. Box 264, Eagle, Colorado 81631. WITNESSETH WHEREAS, Lessor is the owner of certain water rights specifically described as follows: Neilson-South Ditch No. 102, 276, with source of supply as Brush Creek: 2.00 cubic feet of water per second of time, Priority No. 367, 5/6/14; 5.71 cubic feet of water per second of time, Priority No. 455 GGG, 10/3/36; 1.40 cubic feet of water per second of time (Conditional), Priority No. 455 GGG Conditional; 9/1/23. f with all appurtenances thereunto belonging (hereinafter referenced as "Lessor's water rights"); and WHEREAS, Lessee desires to lease a portion of Lessor's water rights for the purpose of irrigation of a portion of Lessee's real property located in Eagle County, Colorado, more specifically described as Tract 66D, Section 32, Township 4 South, Range 84 W. of the 6th P.M.; and WHEREAS, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the specific terms and conditions set forth below; and WHEREAS, the parties desire to set forth in writing the terms of their agreement and related matters; AGREEMENT NOW, THEREFORE, for and in consideration of the promises set forth below, and other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the following terms and conditions: G:\LEASES\2005 Butters Water Lease.DOC r 1. Amount. Lessor agrees to Lessee's diversion and use of water from the Neilson South Ditch in the amount of no more than 2.0 acre-feet per year at a maximum rate of 20 gallons per minute (g.p.m.) (hereinafter referenced as "the leased water"). 2. Term. Lessee's right to use the leased water shall commence at such time in 2005 as Lessor, in its discretion, commences running water through the Neilson South Ditch, projected by both parties as being in April or May 2005. Lessor shall have no obligation hereunder to commence water running through the Neilson South Ditch upon a specific date nor any obligation to notify Lessee of such commencement, in writing or otherwise. The Lease Agreement shall terminate, and all of the parties' rights and obligations hereunder, on December 31, 2005, unless sooner terminated as set forth in paragraph 10 hereof. 3. Purpose. Lessee's use of the leased water shall be solely for the purpose of irrigation of a portion of Lessee's real property as described above. 4. Measurement. Prior to commencing use of the leased water under this Lease Agreement, Lessee shall install at the location where the leased water is to be diverted from the Neilson South Ditch a fully functioning totalizing flow meter for the purpose of recording Lessee's diversion of the leased water, and furnish to Lessor such proof of installation, as shall be satisfactory to Lessor. At all times during the term of this Lease Agreement, Lessor or its designated agents or employees shall have the right to enter upon such of Lessee's property as is necessary to obtain flow meter readings from the flow meter. r 5. Lease Payment. Lessee agrees to prepay in full to Lessor the amount of $400.00, constituting the entire lease payment for the term of this Lease Agreement. By their signatures below, Lessee acknowledges tender of such fee and Lessor acknowledges receipt thereof. 6. Priority. Lessor shall, at all times, have the first right to use its water rights up to their full amount at any time. 7. Indemnity and Insurance. Lessee agrees it carries liability insurance to cover all claims for damages arising from Lessee's exercise of its rights hereunder. Lessee agrees to indemnify and release Lessor from any and all claims for damages to any person and/or property arising from Lessee's exercise of its rights hereunder, and to hold Lessor harmless for damage to any person and/or property caused by the leased water, including but not limited to ditch level fluctuations. 8. Repairs and Maintenance. Lessee shall be responsible for all necessary repairs and maintenance in connection with the structures and equipment required to exercise Lessee's rights hereunder. 9. Subletting acid Assignment. Except as otherwise provided herein, Lessee shall have exclusive use of the rights leased hereunder for the term of this Lease Agreement. Lessee shall not sell or sublet any portion of the leased water nor assign this Lease Agreement in whole or in part. G:ILEASES~2005 Butters Water Lease.DOC 10. Default/Termination. This Agreement may be terminated by either party with or without cause upon thirty days advance written notice to the other. Upon termination Lessee shall no longer be entitled to access or use Lessors water as set forth herein. If Lessee shall at any time breach or be in default of any of the terms, covenants and conditions of this Lease Agreement, in addition to any and all rights available at law or equity to Lessor, Lessor may upon thirty (30) days advance written notice to Lessee terminate this Lease and Lessee's access to the leased water. 11. Notices. All notices to be given under this Lease Agreement shall be given in writing and shall be served personally or mailed to the respective parties at the following addresses: Lessor: Eagle Board of County Commissioners c/o Diane H. Mauriello 500 Broadway P. O. Box 850 Eagle, CO 81631 With copy to: David Hanford Balcomb & Green, P.C. P.O. Box 790 818 Colorado.Avenue Glenwood Springs, Colorado 81602 Lessee: J. Craig Butters and M. Brunilda Butters P. O. Box 264 Eagle, CO 81631 (970) 328-7147 12. Amendments. No Warranty. Lessor makes no representation or warranty concerning the amount or quality of water available pursuant to its water rights for Lessees' use. 13. Captions. The captions and headings herein are for convenience and reference only and shall not be used in interpreting any provision of this Lease Agreement. 14. Attorney's Fees. If any actions in law or in equity shall be brought for any reason to enforce any of the terms, provisions and covenants of this Lease Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be fixed by the Court, and shall be made a part of any judgment or decree therein rendered. G:\LEASES\2005 Butters Water Lease.DOC LEASE AGREEMENT This Lease Agreement is made and executed this f ~{~' day of X2004, effective April 1, 2005 by and between the Board of County Commissioners of Eagle County, Colorado (Lessor) and J. Craig Butters and M. Brunilda Butters (collectively "Lessee"), whose address is P. O. Box 264. Eagle, Colorado 81631. WITNESSETH WHEREAS, Lessor is the owner of certain water rights specifically described as follows: Neilson-South Ditch No. 102, 276, with source of supply as Brush Creek: 2.00 cubic feet of water per second of time, Priority No. 367, adjudicated August 2, 1934; and 5.71 cubic feet of water per second of time, Priority No. 455 GGG, adjudicated October 3, 1936. with all appurtenances thereunto belonging (hereinafter referenced as "Lessor's water rights"); and WHEREAS, Lessee desires to lease a portion of Lessor's water rights for the purpose of irrigation of a portion of Lessee's real property located in Eagle County, Colorado, more specifically described as Tract 66D, Section 32, Township 4 South, Range 84 W. of the 6th P.M.; and WHEREAS, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the specific terms and conditions set forth below; and WHEREAS, the parties desire to set forth in writing the terms of their agreement and related matters; AGREEMENT NOW, THEREFORE, for and in consideration of the promises set forth below, and other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the following terms and conditions: G:\LEASES\2005 Butters Water Lease.DOC 1. Amount. Lessor agrees to Lessee's diversion and use of water from the Neilson South Ditch in the amount of no more than 2.0 acre-feet per year at a maximum rate of 20 gallons per minute (g.p.m.) (hereinafter referenced as "the leased water"). 2. Term. Lessee's right to use the leased water shall commence at such time in 2005 as Lessor, in its discretion, commences running water through the Neilson South Ditch, projected by both parties as being in April or May 2005. Lessor shall have no obligation hereunder to commence water running through the Neilson South Ditch upon a specific date nor any obligation to notify Lessee of such commencement, in writing or otherwise. The Lease Agreement shall terminate, and all of the parties' rights and obligations hereunder, on December 31, 2005, unless sooner terminated as set forth in paragraph 10 hereof. 3. Pu ose. Lessee's use of. the leased water shall be solely for the purpose of irrigation of a portion of Lessee's real property as described above. 4. Measurement. Prior to commencing use of the leased water under this Lease Agreement, Lessee shall install at the location where the leased water is to be diverted from the Neilson South Ditch a fully functioning totalizing flow meter for the purpose of recording Lessee's diversion of the leased water, and furnish to Lessor such proof of installation, as shall be satisfactory to Lessor. At all times during the term of this Lease Agreement, Lessor or its designated agents or employees shall have the right to enter upon such of Lessee's property as is necessary to obtain flow meter readings from the flow meter. 5. Lease Payment. Lessee agrees to prepay in full to Lessor the amount of $400.00, constituting the entire lease payment for the term of this Lease Agreement. By their signatures below, Lessee acknowledges tender of such fee and Lessor acknowledges receipt thereof. 6. Priority. Lessor shall, at all times, have the first right to use its water rights up to their full amount at any time. 7. Indemnity and Insurance. Lessee agrees it carries liability insurance to cover all claims for damages arising from Lessee's exercise of its rights hereunder. Lessee agrees to indemnify and release Lessor from any and all claims for damages to any person and/or property arising from Lessee's exercise of its rights hereunder, and to hold Lessor harmless for damage to any person and/or property caused by the leased water, including but not limited to ditch level fluctuations. 8. Repairs and Maintenance. Lessee shall be responsible for all necessary repairs and maintenance in connection with the structures and equipment required to exercise Lessee's rights hereunder. 9. Subletting_and Assignment. Except as otherwise provided herein, Lessee shall have exclusive use of the rights leased hereunder for the term of this Lease Agreement. Lessee shall not sell or sublet any portion of the leased water nor assign this Lease Agreement in whole or in part. G:\LEASES\2005 Butters Water Lease.DOC I0. Default/Termination. This Agreement may be terminated by either party with or without cause upon thirty days advance written notice to the other. Upon termination Lessee shall no longer be entitled to access or use Lessors water as set forth herein. If Lessee shall at any time breach or be in default of any of the terms, covenants and conditions of this Lease Agreement, in addition to any and all rights available at law or equity to Lessor, Lessor may upon thirty (30) days advance written notice to Lessee terminate this Lease and Lessee's access to the leased water. 11. Notices. All notices to be given under this Lease Agreement shall be given in writing and shall be served personally or mailed to the respective parties at the following addresses: Lessor.• Eagle Board of County Commissioners c/o Diane H. Mauriello ~"W`"' 500 Broadway P. O. Box 850 Eagle, CO 81631 With copy to: David Hallford, Balcomb & Green, P.C., P.O. Box 790, 818 Colorado Avenue Glenwood Springs, Colorado 81602 Lessee: J. Craig Butters and M. Brunilda Butters P. O. Box 264 Eagle, CO 81631 (970) 328-7147 12. No Warranty. Lessor makes no representation or warranty concerning the amount or quality of water available pursuant to its water rights for Lessees' use. 13. Amendments. This Lease Agreement comprises the entire agreement and understanding between Lessor and Lessee concerning the leased water and Lessee's rights. Exception as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Lease shall be binding upon the parties unless reduced to writing and signed by both parties. 14. Captions. The captions and headings herein are for convenience and reference only and shall not be used in interpreting any provision of this Lease Agreement. 15. Attorney's Fees. If any actions in law or in equity shall be brought for any reason to enforce any of the terms, provisions and covenants of this Lease Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be fixed by the Court, and shall be made a part of any judgment or decree therein rendered. G:ILEASES~2005 Butters Water Lease.DOC IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the day first above written. LESSOR: Board of County Commissioners of Eagle County, Colorado By: Tom C. St o~~ ~°o , ATTEST: ~ ~~ 9 ~y T C~LOR~'v Clerk to the Board of County Comm' ion rs .~~~~~~~~~ r ~~ LESSEE: By: J. B ~11~~ Y~ M. Brunilda Butters G:\LEASESC2D~T~ntters Water Lease.DOC ~~- P.0. Box 850' Eagle, Colorado 81631 (970) 328-8880 office • • I ~ (980) 328-8899 fax • ~ • I.~tber' O~ Tlrar~smlHal To: Craig and Brunilda Butters From: Kim Balzarini Fax Phone: Re: 2005 Water Lease ^ Urgent m For Signature ^ Please Comment Documents: 4 Original Lease Agreements Date: 11/29/2004 CC: Helen Migchelbrink 0 Please Return ^ Please Recycle • Comments: Dear Craig and Brunilda, Attached please find four (4) original water lease agreements for the Neilson South Ditch. Please sign the originals and send them all back to my attention by December 10. 2004. Once the Board of County Commissioners has executed the agreements, a copy will be returned to you for your records. Please do not date the front page of the agreement. Sincerely, Kim Balzarini Eagle County Facilities Management (970) 328-8889 LEASE AGREEMENT This Lease Agreement is made and executed this _ day of , 2004, effective April 1, 2005 by and between the Board of County Commissioners of Eagle County, Colorado (Lessor) and J. Cram Butters and M. Brunilda Butters (collectively "Lessee"), whose address is P. O. Box 264, Eagle, Colorado 81631. WITNESSETH WHEREAS, Lessor is the owner of certain water rights specifically described as follows: Neilson-South Ditch No. 102, 276, with source of supply as Brush Creek: 2.00 cubic feet of water per second of time, Priority No. 367, 5/6/14; 5.71 cubic feet of water per second of time, Priority No. 455 GGG, 10/3/36; 1.40 cubic feet of water per second of time (Conditional), Priority No. 455 GGG Conditional; 9/1/23. t with all appurtenances thereunto belonging (hereinafter referenced as "Lessor's water rights"); and WHEREAS, Lessee desires to lease a portion of Lessor's water rights for the purpose of irrigation of a portion of Lessee's real property located in Eagle County, Colorado, more specifically described as Tract 66D, Section 32, Township 4 South, Range 84 W. of the 6th P.M.; and WHEREAS, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the specific terms and conditions set forth below; and WHEREAS, the parties desire to set forth in writing the terms of their agreement and related matters; AGREEMENT NOW, THEREFORE, for and in consideration of the promises set forth below, and other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged, Lessor agrees to lease to Lessee a portion of the water diverted under Lessor's water rights subject to the following terms and conditions: G:\LEASES\2005 Butters Water Lease.DOC I . Amount. Lessor agrees to Lessee's diversion and use of water from the Neilson South Ditch in the amount of no more than 2.0 acre-feet per year at a maximum rate of 20 gallons per minute (g.p.m.) (hereinafter referenced as "the leased water"). 2. Term. Lessee's right to use the leased water shall commence at such time in 2005 as Lessor, in its discretion, commences running water through the Neilson South Ditch, projected by both parties as being in April or May 2005. Lessor shall have no obligation hereunder to commence water running through the Neilson South Ditch upon a specific date nor any obligation to notify Lessee of such commencement, in writing or otherwise. The Lease Agreement shall terminate, and all of the parties' rights and obligations hereunder, on December 31, 2005, unless sooner terminated as set forth in paragraph 10 hereof. 3. Purpose. Lessee's use of the leased water shall be solely for the purpose of irrigation of a portion of Lessee's real property as described above. 4. Measurement. Prior to commencing use of the leased water under this Lease Agreement, Lessee shall install at the location where the leased water is to be diverted from the Neilson South Ditch a fully functioning totalizing flow meter for the purpose of recording Lessee's diversion of the leased water, and furnish to Lessor such proof of installation, as shall be satisfactory to Lessor. At all times during the term of this Lease Agreement, Lessor or its designated agents or employees shall have the right to enter upon such of Lessee's property as is necessary to obtain flow meter readings from the flow meter. r~ ~ 5. Lease Payment. Lessee agrees to prepay in full to Lessor the amount of $400.00, constituting the entire lease payment for the term of this Lease Agreement. By their signatures below, Lessee acknowledges tender of such fee and Lessor acknowledges receipt thereof. 6. Priority. Lessor shall, at all times, have the first right to use its water rights up to their full amount at any time. 7. Indemnity and Insurance. Lessee agrees it carries liability insurance to cover all claims for damages arising from Lessee's exercise of its rights hereunder. Lessee agrees to indemnify and release Lessor from any and all claims for damages to any person and/or property arising from Lessee's exercise of its rights hereunder, and to hold Lessor harmless for damage to any person and/or property caused by the leased water, including but not limited to ditch level fluctuations. 8. Repairs and Maintenance. Lessee shall be responsible for all necessary repairs and maintenance in connection with the structures and equipment required to exercise Lessee's rights hereunder. 9. Subletting and Assi nment. Except as otherwise provided herein, Lessee shall have exclusive use of the rights leased hereunder for the term of this Lease Agreement. Lessee shall not sell or sublet any portion of the leased water nor assign this Lease Agreement in whole or in part. G:\LEASES\2005 Butters Water Lease.DOC 10. Default/Termination. This Agreement may be terminated by either party with or without cause upon thirty days advance written notice to the other. Upon termination Lessee shall no longer be entitled to access or use Lessors water as set forth herein. If Lessee shall at any time breach or be in default of any of the terms, covenants and conditions of this Lease Agreement, in addition to any and all rights available at law or equity to Lessor, Lessor may upon thirty (30) days advance written notice to Lessee terminate this Lease and Lessee's access to the leased water. 11. Notices. All notices to be given under this Lease Agreement shall be given in writing and shall be served personally or mailed to the respective parties at the following addresses: Lessor: Eagle Board of County Commissioners c/o Diane H. Mauriello 500 Broadway P. O. Box 850 Eagle, CO 81631 With copy to: David Hallford Balcomb & Green, P.C. P.O. Box 790 818 Colorado.Avenue Glenwood Springs, Colorado 81602 Lessee: J. Craig Butters and M. Brunilda Butters P. O. Box 264 Eagle, CO 81631 (970) 328-7147 12. Amendments. No Warranty. Lessor makes no representation or warranty concerning the amount or quality of water available pursuant to its water rights for Lessees' use. 13. Captions. The captions and headings herein are for convenience and reference only and shall not be used in interpreting any provision of this Lease Agreement. 14. Attorney's Fees. If any actions in law or in equity shall be brought for any reason to enforce any of the terms, provisions and covenants of this Lease Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be fixed by the Court, and shall be made a part of any judgment or decree therein rendered. G:\LEASES12005 Butters Water Lease.DOC IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the day first above written. ATTEST: Clerk to the Board of County Commissioners By: LESSOR: Board of County Commissioners of Eagle County, Colorado By: Tom C. Stone, Chairman LESSEE: J. Craig Butters By: M. Brunilda Butters G:\LEASES\2005 Butters Water Lease.DOC