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RECEIVE% <br /> OCT 44 2011 <br /> WATER RE501JP' <br /> STATE ENGINES' <br /> AGREEMENT BETWEEN <br /> THE CITY OF AURORA, COLORADO, ACTING BY AND THROUGII ITS UTILITY <br /> ENTERPRISE AND BESTWAY CONCRETE COMPANY <br /> FOR LEASE OF FIRM DELIVERY FULLY REUSABLE WATER <br /> THIS LEASE("Lease") is entered into this ath day ofllo�x,„�.2007(the" ff ctive <br /> Date"), by and among the City Of Aurora,Colorado,A Colorado Municipal Corporation Of The <br /> Counties Of Adams,Arapahoe And Douglas Acting By And Through Its Utility Enterprise <br /> ("Aurora"),whose address is 15151 East Alameda Parkway, Suite 3600,Aurora, Colorado 80012 <br /> and Bestway Concrete,301 Centennial Drive, Milliken, CO 80543("Lessee"). <br /> WIT NESSETH: <br /> WHEREAS,Aurora has the right to use,sell,or lease a certain quantity of its fully <br /> reusable water in the South Platte River("Fully Reusable Water");and <br /> WHEREAS,such Fully Reusable Water is derived from transmountain or other reusable <br /> sources; and <br /> WHEREAS, Lessee has a use for a certain portion of this Fully Reusable Water;and, <br /> WHEREAS,Aurora and Lessee desire to enter into an agreement whereby Aurora shall <br /> lease a portion of such Fully Reusable Water to Lessee;and, <br /> WHEREAS,The Utility Enterprise staff has determined as a precondition to entering this <br /> lease that Aurora is able to fulfill all exchange and operational obligations that require Fully <br /> Reusable Water, that it is able to fulfill all existing long-term agreements that require Fully <br /> Reusable Water and that all other needs of the City of Aurora, Colorado that may be fulfilled by <br /> these sources are met. <br /> WHEREAS, by and through various agreements involving leases of Aurora's Fully <br /> Reusable Water,Aurora believes it will be able to further advance its already diligent efforts and <br /> further implement reuse of its water to enlarge and enhance its water supply system; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to the citizens of <br /> Aurora and Lessee. <br /> NOW, THEREFORE, in consideration of the mutual promises and covenants contained <br /> herein, Aurora and Lessee hereby agree as follows: <br /> 1. Aurora agrees to lease 49 acre feet of Fully Reusable Water to Lessee on a Firm <br /> Delivery basis. The term of this Lease shall commence on November 1,2007 and continue until <br /> October 31, 2023. <br /> 1 BestWayLease <br />