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AGREEMENT <br /> FOR DELIVERY OF REUSABLE RAW WATER <br /> This Agreement ("Agreement") is entered into on this 3o day of 4 , 2016, 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 /> 1515I East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and Ready Mixed Concrete <br /> Company, a Colorado corporation, whose address is 5775 Franklin Street, Denver, Colorado <br /> 90216 ("Ready Mixed"). Aurora and Ready Mixed are each referred to herein as a "Party" and <br /> together as the "Parties." <br /> WITNESSETH <br /> WHEREAS,Aurora has the right to use,sell,or provide for use certain of its fully reusable <br /> municipal water return flows to the South Platte River("Reusable Raw Water"); and <br /> WHEREAS, such Reusable Raw Water is derived from trans-mountain or other reusable <br /> sources; and <br /> WHEREAS, Ready Mixed has a use for a certain portion of this Reusable Raw Water;and <br /> WHEREAS, Aurora and Ready Mixed desire to enter into this Agreement whereby Aurora <br /> shall deliver a portion of such Reusable Raw Water to Ready Mixed; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> Ready Mixed; 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 Reusable Raw Water, that it is able to fulfill all existing Iona-term agreements that require <br /> Reusable Raw Water(including this Agreement), and that all other needs of Aurora that may be <br /> fulfilled by these sources 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 are hereby acknowledged, the Parties hereby agree as follows: <br />