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INTERGOVERNMENTAL AGREEMENT <br />FOR DELIVERY OF RECLAIMED WASTEWATER <br />This Intergovernmental Agreement ("Agreement") is entered into on this day of <br />2015, by and between the City of Aurora, Colorado, a Colorado municipal <br />corporation of the counties of Adams, Arapahoe and Douglas acting by and through its Utility <br />Enterprise ("Aurora"), whose address is 15151 East Alameda Parkway, Suite 3600, Aurora, <br />Colorado 80012, and Adams County, whose address is 4430 South Adams County Parkway, <br />Brighton, Colorado 80601 ("Lessee"). Aurora and Lessee are each referred to herein as a "Party" <br />and collectively 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 municipal <br />wastewater retum 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 Aurora is able to fulfill all existing long-term agreements that <br />require Reclaimed Wastewater (including this Agreement) and that all other needs of Aurora that <br />may be fulfilled by Reclaimed Wastewater are met; and <br />NO V, 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 are hereby acknowledged, Aurora and Lessee hereby agree as follows: <br />009411\0310\11688512 6 1 <br />