2019-04-24_HYDROLOGY - M2006003 - Laserfiche WebLink

Home Browse Search

O'r� 04 � 2. Dethgwy of LeASad Fu2ky Aeusable Water. Au rora will deliver Fu I Iy Cumwrmble Mier from the Metra Wastewater TreaUnerir Pdarlt ("Mettcti") or Wrn other I+ tions upstream from the point at which Lessre will recapture ffr rcc[aim such gofer for purposes of rneeti ng suementaricrr reqs, itemenm (tho Vrapture Poi W which shat I be identified err Exhibit A, refermted below)_ Lessee age t -a accept all deliveries of Fully Reusable Dater in dJ a amount Arae would arrive at its R=apture Point as if a] I Fully Reusable Vater was dciivered at L%[etrct, Aurora wiII notify Lessee ofrhe Iocerio+n frim which the JMcd watfr is being rekased. If deliver from a kxai;cn oLl-wr than MOm mulls iu Irss transit loss. Aurwa shall be entitled to retain the savings in t=sit loss with nocredit to Lempm in wooer or money. Upon the rulwa of Full} Focusable Water lined hereunder to the South Plow Rivcr. Leese shall msurrm Sok I iatrillty for any Jass, dannage, ar injury Inas may occur to persons or property as rhe dinmi 4or indirect msdJi a f rh{ mrttr*l and_ at use: of sio id Fu[Iy Reusable Water by Lessee, The R$clairncd W45t a r Aa11 be deiliucrcd "ase and rhe City makes no warren6es as to klie suitabi[ity of the quality of Lc Reclaimed Wgswwater for any prupv:5e to which Lessee my &-si m Lo apply such wart. The -Nmouvt off' Fully 'Reusable Waler needed at Lessee's Recapture Point was calimilaiW by Lassre to indudle any tmnsportaLkm [ossm ar "shriiikaae," rr n Mctru to l4;:55Dce`s Rwapturc Point, Wmc acknowledges Mat amve1 time bmwet,,n rhe delivery points and its place of use in the South Platte River is determined by the D i vis -Lan Engineer For W4er DivWon I. Lessee wiIJ be solely responsible for any and al rcpartin�; and accorrntEng rcquircd by the Calarado State Eaig i neer or his subordinates afhcr Aurora rriakc�, the Fulily R{usablc Water a+raiiable from Metra ;x anuLher delivery point, TWs respmibi lity i ncJudes, but is not I i mited to, rep*rking and awmnti n$ cwccmiag she transportation of the F Lilly Riausabk Water from the dd&ery points, quantification of the Fully R,eusabir Wakx with i n the $*A pia#tc Ri+rcr, Lesgee's withdrawml of dhe Fu [Ey Reusable Wer from i he South P109C Kivu (i f any), and Lesko' 5 u5c of Rho Fully Reusable eater_ A u rora wf I E perform any and al I repariinj and accounting requi red by the Col0f Wo State Engi neer -or his sui Fdinates concerni ng umveynnee of the Fully Reusabk Wafer to i he delivery p Artits, w d shall provide Lessee wkh th,e sawed da[m repmud to the Mase Engineer related to the volume -af Lessee's FuIly RiausahJe Waterar thr, same i i mz it is reported to the State Engineer, or darl ier if available. 3. Souirce of Lwd Ffllmo r_ A rirm and Lessee ague that the sources of Fully Reuwble Wawr pwvidod urLdrr this Lease shall be AurorWs rauabEe municipal ML= flows m the Shush Pinar. R k+rer that Aurora N legal ly entitled to use for the purposes of this Agt6en rav the fuJly con-aumable por un of changed irrigation water rights owned by Atera,ra and dilly consumable waterdiverted fwr5uant to decrees wrered in 03CW414, 1D3,CW4 15 and 06CW1 04, Ander no cireumstartcea will this lease be interpreted (p mean Thar Aurora mutt suiaply e4her ray+ or tmated water should Fully Reusable Water be unavilablr_ 4. Re hwY "edm , A vrora shall del Eger the FkLl Ey Rtunh.lr Water according t -a [he schedule set forth in C=k6k A attached Fteeeto and irxKrporatod min_ I.rmw shall fiavc the o rtunaly to adjust tEta del i very scheclu Ic once per year b� provid ing Aurora with a revised Exhibit A no Jew than tore first day or Mgtty in each year. If Lessee Mvides no mvised Exhibit A in any year 5), the doJivuy sc hed uie sha[[ remain rhe same a� the previous year_ In no event shat [ the total amount of fully Reusable Waw de I ivcrcd cx"cd Or maximum amounts set forth in Paragraph I of th is Agmemenr_