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AGREEMENT FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br />This Agreement ("Agreement") is entered into this I r7 day of 5 e -errn beC, 2015, by and <br />between the City of Aurora, Colorado, a Colorado 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 Bucklen Equipment <br />Company, Inc., whose address is 804 North 25th Avenue, Greeley, Colorado 80631 ("Lessee"). <br />Aurora and Lessee are each referred to herein as a "Party" and collectively 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 (including this Agreement) and that all other needs of Aurora that <br />may be fulfilled by Reclaimed Wastewater•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. Term of Lease. <br />(a) The duration of this Agreement shall commence on the Effective Date, as defined in <br />Paragraph 21, and continue until the last date for delivery of water as provided for on the water <br />delivery schedule attached hereto as Exhibit A ("Delivery Schedule"), unless this Agreement is <br />continued for additional years pursuant to subparagraph (b), below. Said Agreement shall be made <br />expressly subject to each of the terms and conditions set forth in this Agreement. <br />(b) Subject to availability and at Aurora's sole discretion, Lessee may request and Aurora <br />may agree to continue this Agreement for additional years, but for not more than five years after <br />009411\0310\1749535.2 <br />1 <br />