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Q <br /> Agreement <br /> For Delivery of Reusable Raw Water <br /> 4u <br /> This Agreement ("Agreement") is entered into on this J day of L 2017, 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 /> 15151 East Alameda Parkway,Suite 3600,Aurora,Colorado 80012,and Albert Frei &Sons, Inc,, <br /> whose address is 7321 E. 80 Avenue, Henderson, Colorado 80640("Frei"). Aurora and Frei are <br /> each referred to herein as a "Party" and together as the "Parties." <br /> WITNCSSCTH <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,Frei has a use for a certain portion of this Reusable Raw Water; and <br /> WHEREAS, Aurora and Frei desire to enter into this Agreement whereby Aurora shall <br /> deliver a portion of such Reusable Raw Water to Frei; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> Albert Frei;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 long-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 Pru-ties hereby agree as follows: <br /> Begt Cop,Available <br />