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RECEIVED <br />OCT 0 4 2011 <br />STA E ENGINEEPS <br />001-0 <br />AGREEMENT BETWEEN <br />THE CITY OF AURORA, COLORADO, ACTING BY AND THROUGH ITS UTILITY <br />ENTERPRISE AND BESTWAY CONCRETE COMPANY <br />FOR LEASE OF FIRM DELIVERY FULLY REUSABLE WATER <br />THIS LEASE ( "Lease ") is entered into this X a' day oflle�c„q 2007 (the "Effective <br />Date "), by and among the City Of Aurora, Colorado, A Colorado Municipal Corporation Of The <br />Counties Of Adams, Arapahoe And Douglas Acting By And Through Its Utility Enterprise <br />( "Aurora "), whose address is 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012 <br />and Bestway Concrete, 301 Centennial Drive, Milliken, CO 80543 ( "Lessee "). <br />WITNESSETH: <br />WHEREAS, Aurora has the right to use, sell, or lease a certain quantity of its fully <br />reusable water in the South Platte River ('Tully Reusable Water"); and <br />WHEREAS, such Fully Reusable Water is derived from transmountain or other reusable <br />sources; and <br />WHEREAS, Lessee has a use for a certain portion of this Fully Reusable Water; and, <br />WHEREAS, Aurora and Lessee desire to enter into an agreement whereby Aurora shall <br />lease a portion of such Fully Reusable Water to Lessee; and, <br />WHEREAS, The Utility Enterprise staff has determined as a precondition to entering this <br />lease that Aurora is able to fulfill all exchange and operational obligations that require Fully <br />Reusable Water, that it is able to fulfill all existing long -term agreements that require Fully <br />Reusable Water and that all other needs of the City of Aurora, Colorado that may be fulfilled by <br />these sources are met. <br />WHEREAS, by and through various agreements involving leases of Aurora's Fully <br />Reusable Water, Aurora believes it will be able to further advance its already diligent efforts and <br />further implement reuse of its water to enlarge and enhance its water supply system; and <br />WHEREAS, this Agreement will be of mutual benefit and convenience to the citizens of <br />Aurora and Lessee. <br />NOW, THEREFORE, in consideration of the mutual promises and covenants contained <br />herein, Aurora and Lessee hereby agree as follows: <br />1. Aurora agrees to lease 49 acre feet of Fully Reusable Water to Lessee on a Firm <br />Delivery basis. The term of this Lease shall commence on November 1, 2007 and continue until <br />October 31, 2023. <br />BestWayLease <br />