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C6c.cc,rrK." ec•A-0A <br /> ORIGINAL <br /> G:&' EMENT BETWEEN <br /> THE CITY OF AURORA, COLORADO,ACTING BY AND THROUGH ITS <br /> .—UTILITY 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 ruct r 200$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,:Ind., a Delaware <br /> co corporation,("Lafarge"), (collectively,the "Parties"). <br /> RECEP71094.2009900017969, <br /> 0WMOC9 at 10:306 AM,1 OF 1d. <br /> w WITNESSETH• i0Ppa.0OCoG <br /> Q Koran loop,Add amsms Cwnry,CO <br /> !z <br /> 00 WHEREAS,Lafarge owns 1.75 shares in the Brighton Ditch Company ("Subject <br /> UJ <br /> Shares")represented by certificate no.248; and <br /> WHEREAS,Aurora is the Utility Enterprise of a home rule municipal corporation t <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 /> WHEREAS,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 />