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INTERGOVERNMENTAL AGREEMENT <br />FOR DELIVERY OF RECLAIMED WASTEWATER <br />This Intergovernmental Agreement ("Agreement") is entered into as of the Effective Date <br />defined in Paragraph 21, below, by and between the City of Aurora, Colorado, a Colorado <br />municipal corporation of the counties of Adams, Arapahoe and Douglas acting by and through <br />its Utility Enterprise ("Aurora"), whose address is 15151 East Alameda Parkway, Suite 3600, <br />Aurora, Colorado 80012, and the E-470 Public Highway Authority, a political subdivision of the <br />State of Colorado, whose address is 22470 E. 6`h Parkway, Suite 100, Aurora, Colorado 80018 <br />("Lessee"). Aurora and Lessee collectively each referred to herein as a "Party" and collectively <br />as the "Parties." <br />WITNESSETH <br />WHEREAS, the Parties are authorized by Colorado law to cooperate and enter into <br />intergovernmental agreements pursuant to Section 18(2) of Article XIV of the Colorado <br />Constitution and C.R.S § 29-1-203; and <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 />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 (including this Agreement) that require Reclaimed Wastewater <br />and that all other needs of Aurora that may be fulfilled by these 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 terms of this Agreement shall commence on the Effective Date and <br />continue until the last date for delivery of water as provided for on the water delivery schedule <br />0044110310 11688512 6 <br />