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AGREEMENT FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br /> THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF AURORA, <br /> COLORADO, A Color ado municipal corporation of the counties of Adams, Arapahoe and <br /> Douglas, acting by and through its Utility Enterprise ("Aurora"), whose address is 15151 East <br /> Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and BUCKLEN EQUIPMENT CO., <br /> INC., whose address is 804 North 25th Avenue Greeley, CO 80631 ("Lessee") (Aurora and <br /> Lessee collectively referred to herein as the "Parties"). <br /> WITNESSETH <br /> WHEREAS, Aurora has the right to use, sell, or lease certain of its fully reusable <br /> municipal wastewater return flows to the South Platte River("Reclaimed Wastewater"); and <br /> WHEREAS, such Reclaimed Wastewater is derived from trans-mountain or other <br /> reusable sources; and <br /> r: <br /> WHEREAS, Lessee has a use for a certain portion of this Reclaimed Wastewater; and <br /> WHEREAS, Aurora and Lessee desire to enter into this Agreement whereby Aurora shall <br /> lease a portion of such Reclaimed Wastewater to Lessee; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> Lessee; and <br /> WHEREAS, the Aurora Utility Enterprise staff has determined as a precondition to <br /> entering this Agreement that Aurora is able to fulfill all exchange and operational obligations <br /> that require Reclaimed Wastewater, that it is able to fulfill all existing long-term agreements that <br /> require Reclaimed Wastewater and that all other needs of Aurora that may be fulfilled by these <br /> sources are met; and <br /> NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br /> contained herein, and other good and valuable consideration, the adequacy and sufficiency of <br /> which is hereby acknowledged, Aurora and Lessee hereby agree as follows: <br /> AGREEMENT <br /> 1. General Terms. The duration of this Agreement shall commence on the Effective Date, <br /> as defined in Paragraph 21 below, and continue until the last date for delivery of water as <br /> provided for on the water delivery schedule attached hereto as Exhibit A, such date being not <br /> more than five (5) years after the Effective Date. Said Agreement shall be made expressly <br /> subject to each of the terms and conditions set forth in this Agreement. <br /> 2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance <br /> with the water delivery schedule set forth and attached hereto as Exhibit A and incorporated <br /> herein by this reference ("Delivery Schedule"). In no event shall the total amount of Reclaimed <br /> Wastewater delivered exceed the maximum amounts set forth in the Delivery Schedule. As long <br /> 009411\0310\174953 5.3 1 <br />