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Amended Agreement <br /> For Delivery of Reusable Raw Water <br /> v <br /> This Amended Agreement ("Agreement") is entered into on this � day of Dt'Cen �'` <br /> 2017, 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 <br /> 80012, and Albert Frei & Sons, Inc., whose address is 7321 E. 88'1' Avenue, Henderson, <br /> Colorado 80640("Frei"). Aurora and Frei are each referred to herein as a"Party" and together as <br /> the "Parties." <br /> WITNESSETH <br /> WHEREAS, Aurora has the right to use, sell, or provide for use certain of its fully <br /> reusable 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 /> WI IEREAS, Frei has a use for a certain portion of this Reusable Raw Water;and <br /> WHEREAS, Aurora and Frei entered into an Agreement for Delivery of Reusable Raw <br /> Water on April 13, 2017 ("Original Agreement");and <br /> WHEREAS, to satisfy its substitute water supply plan replacement requirements, Frei <br /> requires additional water for additional length of time from that shown on the Delivery Schedule <br /> attached to Exhibit A of the Original Agreement;and <br /> WT-IEREAS, Aurora and Frei desire to enter into this Agreement whereby Aurora shall <br /> deliver a portion of such Reusable Raw Water to Frei pw•suant to a revised Delivery Schedule; <br /> and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> Albeit 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 <br /> that require Reusable Raw Water, that it is able to fulfill all existing long-term agreements that <br /> require Reusable Raw Water (including this Agreement), and that all other needs of Aurora that <br /> may be fulfilled by these sources are met; and <br /> NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br /> contained heroin, and other good and valuable consideration, the adequacy and sufficiency of <br /> which are hereby acknowledged; the Parties hereby agree as follows: <br />