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Best COPY Available <br />AGREEMENT <br />FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br />This Agreement ("Agreement") is entered into as of the Effective Date defined in Paragraph 21 <br />below by and between 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 Asphalt Specialties Company, Inc., whose address is 10100 Dallas Street, Henderson, <br />Colorado 80640 ("Lessee"). Aurora and Lessee each referred to herein as a "Party' and <br />collectively as the "Parties". <br />RECITALS <br />WHEREAS, Aurora has the right to use, sell, or lease certain of its fully reusable municipal <br />wastewater return flows to the South Platte River ("Reclaimed Wastewater"); and <br />WHEREAS, such Reclaimed Wastewater is derived from trans -mountain or other reusable <br />sources; and <br />WHEREAS, Lessee has a use for a certain portion of such Reclaimed Wastewater; and, <br />WHEREAS, Aurora and Lessee desire to enter into this Agreement whereby Aurora shall <br />lease a portion of such Reclaimed Wastewater to Lessee; and <br />WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br />Lessee; 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 Reclaimed Wastewater, that it is able to fulfill all existing long-term agreements that <br />require Reclaimed Wastewater (including this Agreement) and that all other needs of Aurora that <br />may be fulfilled by these sources are met; and <br />WHEREAS, the Aurora City Council adopted a Resolution establishing a policy for the <br />management and lease of reclaimed wastewater, and authorizing the Director of Aurora Water to <br />enter into short term leases; 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 is hereby acknowledged, Aurora and Lessee hereby agree as follows: <br />AGREEMENT <br />1. General Terms. The term of this Agreement shall commence on the Effective Date, as <br />defined in Paragraph 2l, below, and continue until the last date for delivery of water as provided <br />for on the water delivery schedule attached hereto as Exhibit A, and incorporated herein by this <br />