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AGREEMENT <br />FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br />THIS AGREEMENT ("Agreement") is made and entered into this .1�day ofRAc-0 , 2015, <br />by and between the City of Aurora, Colorado, a municipal corporation of the counties of Adams, <br />Arapahoe and Douglas acting by and through its Utility Enterprise ("Aurora"), whose address is <br />15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and R.M. Hiner Construction <br />Company, Inc., whose address is 2220 "O" Street, 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 municipal <br />wastewater return flows to the South Platte River ("Reclaimed Wastewater"); and <br />WHEREAS, such Reclaimed Wastewater is derived from trans -mountain or other reusable <br />sources; and <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 that <br />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 provided <br />for on the water delivery schedule attached hereto as Exhibit A, such date being not more than <br />five (5) years after the Effective Date. Said Agreement shall be made expressly subject to each of <br />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 herein <br />by this reference ("Delivery Schedule"). In no event shall the total amount of Reclaimed <br />