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Agreement <br />For Delivery of Reusable Raw Water <br />This Agreement ("Agreement") is entered into on this _day of rD CrCh , 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 the Brannan Sand and <br />Gravel Company, LLC, a Colorado corporation, whose address is 2500 Brannan Way, Denver, <br />Colorado 80229 ("Brannan"). Aurora and Brannan are each referred to herein as a "Party" and <br />together as the "Parties." <br />WITNESSETH <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, Brannan has a use for a certain portion of this Reusable Raw Water; and <br />WHEREAS, Aurora and Brannan desire to enter into this Agreement whereby Aurora shall <br />deliver a portion of such Reusable Raw Water to Brannan; and <br />WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br />Brannan; 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 th',kt <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 he <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 Parties hereby agree as follows: <br />