2015-11-03_HYDROLOGY - M1982131 - Laserfiche WebLink

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the Effective Date. Each water year (generally November 1 — March 31) that the Parties operate under this Agreement is hereinafter referred to as a "Lease Year." Lessee's written request to continue this Agreement for each additional Lease Year must be received by Aurora no later than October 1 prior to the upcoming Lease Year, and shall be effective only upon Aurora's written consent. Said continuance of this Agreement shall be made expressly subject to each of the terms and conditions set forth in this Agreement. 2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance with the Delivery Schedule. No later than October 1 of each year, Lessee may submit to Aurora a proposed modified Delivery Schedule ("Modified Schedule"), setting forth revised monthly delivery totals for the upcoming Lease Year. In no event shall the total amount of Reclaimed Wastewater delivered exceed the maximum amounts set forth in the Delivery Schedule or Modified Schedule. As long as Aurora is capable of delivering the Reclaimed Wastewater to the Delivery Points (as defined in paragraph 3, below) according to the Delivery Schedule or Modified Schedule, Lessee will be obligated to pay the per -acre foot charge set forth in Paragraph 8 below regardless of whether or not Lessee uses the Reclaimed Wastewater. 3. Delivery Location. (a) Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite treatment facility ("Hite"). Lessee further agrees that Aurora may, in its sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reclaimed Wastewater at any other delivery point or delivery points on the South Platte River (each of Hite and such other delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points"), provided that such alternative Delivery Points are located within a reach of the South Platte River beginning at or below Hite, and continuing downstream to a point at or above the location on the South Platte River that is approximately 80 miles downstream of Hite at the confluence of the Cache la Poudre River and the South Platte River ("Point of Use"). Lessee acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, other wastewater treatment plants that may be constructed in the future that discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and/or use of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater needed at the Delivery Points was calculated by Lessee to include any transportation losses, or "shrinkage," from Hite to Lessee's Point of Use downstream. Lessee also acknowledges the travel time between the alternate Delivery Points and Lessee's Point of Use varies, but that the timing for Aurora's delivery obligations as provided for under the Delivery Schedule or Modified Schedule shall remain the same regardless of Aurora's use of alternative Delivery Points. (b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of Reclaimed Wastewater to be delivered under this Agreement are deemed to be satisfied if Aurora makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole 00941110310\1749535.2 2