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Agreement <br />For Delivery of Reusable Raw Water <br />This Agreement ("Agreement") is entered into on this 41'h day of_ 3Vn 4e- _, 2021, by <br />and between the City of Aurora, Colorado, a Colorado municipal corporation of the counties of <br />Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise ("Aurora"), whose <br />address is 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and AIbert Frei & <br />Sons, Inc. ("Frei"), whose address is 7321 E. 881h Avenue, Henderson, Colorado 80640. Aurora <br />and Frei are each referred to herein as a "Party" and together as the "Parties." <br />WITNESSETH <br />WHEREAS, Aurora has the right to use, sell, or provide for use of 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 />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 Frei; <br />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, and that all other needs of Aurora that may be fulfilled by these sources are <br />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 />