2021-11-01_HYDROLOGY - M2016030 - Laserfiche WebLink

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Agreement I . General Terms. The terms of this Agreement shall commence on the Effective Date 'as defined in Paragraph 21 below, and continue until the last date for delivery of water as provided for on the water delivery schedule attached hereto as Exhibit A ("Delivery Schedule") such dais being October 31, 2021. Aurora may, in its sole discretion, extend this Agreement for additional one (1) year terms through October 31, 2028 at Brannan's request. Brannan must notify Aurora by September I that it requests a one-year extension of this Agreement for the following water year (November I through October 31). Aurora will confirm the extension of this Agreement, or not, including delivery schedule and applicable rates, by written notification to Brannan to be made by no later than forty-five (45) days after Brannan's request, and said delivery schedule shall be the Delivery Schedule. 2 Delivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with the Delivery Schedule. Brannan may at any time submit to Aurora a proposed modified delivery schedule setting forth revised monthly delivery totals for the upcoming water year or for the remainder of the current water year. Subject to Aurora's approval, a response by Aurora to be made no later than forty-five (45) days after Brannan's request, the modified delivery schedule shall be the Delivery Schedule. As long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points (defined in Paragraph 3, below) according to the Delivery Schedule, Brannan will be obligated to pay the per -acre foot charge set forth in Paragraph 8 below regardless of whether or not Brannan requests or uses the Reusable Raw Water. 3. Delivery Location. (a) Delivery Points. Brannan agrees that Aurora shall initially make its delivery of the Reusable Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite treatment facility ("Hite"). Brannan further agrees that Aurora may, in its sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reusable Raw Water at any other delivery point or delivery points on the South Platte River (each of Hite and such other delivery points, hereinafter, a "Delivery Point", and collectively the "Delivery Points"), provided that such alternative Delivery Points are located within a reach of the South Platte River beginning at or below Hite, and continuing downstream to a point at or above the location on the South Platte River that is generally described as being above the confluence of the South Platte River and St. Vrain Creek at a point in the SE1/4 of the NW 1/4 of Section 19, Township I North, Range 66 West of the 6"' P.M. ("Point of Use"). Brannan acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, other wastewater treatment plants that may be constructed in the future that discharge Reusable Raw Water owned by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the Reusable Raw Water hereunder, Brannan shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and/or use of said Reusable Raw Water by Brannan. The amount of Reusable Raw Water reflected in the Delivery Schedule was calculated by Brannan to include any transportation losses, or "shrinkage," from Hite to the Point 1)