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Agreement <br /> For Delivery of Reusable Raw Water <br /> This Agreement ("Agreement") is entered into on this day of , 2020, 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 Brannan Sand and Gravel <br /> Company, L.L.C., a Colorado limited liability company, whose address is 2500 Brannan Way, <br /> Denver,Colorado 80229("Brannan"). Aurora and Brannan are each referred to herein as a"Party" <br /> and 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 Raver("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 that <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 be <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 />