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�- e iL�Lrck" eLy <br /> ORIGINAL <br /> AG EMENT BETWEEN <br /> THE CITY OF AURORA, COLORADO,ACTING BY AND THROUGH ITS <br /> UTILI.TY ENTERPRISE AND.LAFARGE. ...... <br /> TRADING FULLY REUSABLE WATER FOR <br /> 1.75 SHARES OF BRIGHTON DITCH COMPANY <br /> THIS AGREEMENT ("Agreement")is made and entered into this a(g�day <br /> > of Feb rua rV, 2005 by and between the City of Aurora, a home rule municipal <br /> corporation of the Counties of Adams,Arapahoe and Douglas, State of Colorado; acting <br /> a by and through its Utility Enterprise ("Aurora"), and Lafarge West,ln6., a Delaware <br /> corporation,("Lafarge"), (collectively, the "Parties"). <br /> RECEP71OM.2009U00017869, <br /> 0 03A:R0C9 at t 0:31:16 AM,1 OF t d. <br /> Ld WI T N E S S E T H• To pga.0 Doe TypeAG <br /> O Karin Long,Adams County,CO <br /> WHEREAS, Lafarge owns 1.75 shares in the Brighton Ditch Company ("Subject <br /> Shares")represented by certificate no.248; and <br /> WHEREAS,Aurora is the Utility Enterprise of a home rule municipal corporation 1 <br /> of the State of Colorado and has a necessity for the water represented by the Subject <br /> Shares for the purpose of supplying water for municipal use to the inhabitants of Aurora 1�.. <br /> and to those other persons, firms and corporations currently served and.desiring to obtain <br /> water from Aurora; and <br /> WHEREAS,Aurora desires to obtain the Subject Shares; and <br /> W1EREAS,Aurora has the right to trade and provide to Lafarge as consideration <br /> for this Agreement a certain quantity of its fully reusable water in the South Platte River <br /> ("Fully Reusable Water"); and <br /> WHEREAS,by and through the trades,exchanges and the consideration in the <br /> form of water derived from certain of Aurora's Fully Reusable Water that is part of this <br /> Agreement, Aurora believes it will be able to further advance its already diligent efforts <br /> and further implement reuse of its water to enlarge and enhance its water supply system; <br /> and <br /> WHEREAS, such Fully Reusable Water is derived from transbasin or other <br /> reusable sources; and <br /> WHEREAS,Lafarge has a use for a certain portion of this Fully Reusable Water; <br /> and <br /> WHEREAS, Aurora and Lafarge desire to enter into an agreement whereby <br /> Lafarge conveys title to the Subject Shares and the dry-up covenant associated with these <br /> shares to Aurora, and in return, Aurora provides Lafarge Fully Reusable Water in the <br /> South Platte River; and <br /> i <br />