Laserfiche WebLink
Agreement <br /> 1. Term <br /> (a) This Agreement shall commence on the Effective Date,as defined in Paragraph <br /> 21 below,and continue until the last date for delivery of water as provided for on the water <br /> delivery schedule attached hereto as Exhibit A("Delivery Schedule"), such date being December <br /> 31,2023,unless extended pursuant to (b)of this Paragraph I (the"Term"), <br /> (b) At Aurora's discretion and upon Brannan's request and submittal of a new <br /> Delivery Schedule prior to December 31, 2023,and prior to December 31 for subsequent years, <br /> the Term of this Agreement may be extended for additional full or partial calendar years. But in <br /> no event shall the Term extend beyond December 31,2025. Said extensions shall be subject to <br /> all the terms and conditions of this Agreement unless amended pursuant to Paragraph 16, below. <br /> 2. elivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery Schedule. Brannan may submit to Aurora a proposed modified Delivery Schedule <br /> that will be approved in Aurora's sole discretion and effective only upon Aurora's written consent. <br /> As long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points(defined <br /> in Paragraph 3, below) according to the Delivery Schedule, Brannan will be obligated to pay the <br /> per-acre foot charge (Unit Rate) set forth in Paragraph 8, below, regardless of whether or not <br /> Brannan requests or uses the Reusable Raw Water, <br /> 3. Relive Location, <br /> (a) Delivery Points, Brannan agrees that Aurora shall initially make its delivery of the <br /> Reusable Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite <br /> treatment facility ("Hite"). Brannan further agrees that Aurora may, in its sole discretion, satisfy <br /> its delivery obligations under this Agreement by delivering the Reusable Raw Water at any other <br /> delivery point or delivery points on the South Platte River(each of Hite and such other delivery <br /> points, hereinafter, a"Delivery Point",and collectively the "Delivery Points"),provided that such <br /> alternative Delivery Points are located within a reach of the South Platte River beginning at or <br /> below Hite, and continuing downstream to a point at or above the location on the South Platte <br /> River that is generally described as being above the confluence of the South Platte River and Big <br /> Dry Creek at a point in the NWI/4 of the NWIA of Section 7,Township 7 North,Range 66 West <br /> of the 6'h P.M. ("Point of Use"). Brannan acknowledges and agrees that the alternate Delivery <br /> Points may include, but are not limited to, other wastewater treatment plants that may be <br /> constructed in the future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch <br /> Augmentation Stations,the outfall of Walker Reservoir,and the confluence of Sand Creek and the <br /> South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to <br /> these Delivery Points,and in its sole discretion may determine which of the Delivery Points it will <br /> use at any given time. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder, Brannan shall assume sole liability for any loss, damage, or injury that may occur to <br /> persons or property as the direct or indirect result of the control and/or use of said Reusable Raw <br /> Water by Brannan. The amount of Reusable Raw Water reflected in the Delivery Schedule was <br /> calculated by Brannan to include any transportation losses,or "shrinkage," from Hite to the Point <br />