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Agreement <br /> For Delivery of Reusable Raw Water <br /> This Agreement ("Agreement") is entered into on this 2 4 day of ML)\,c,Q0bz✓, 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 120 85 LLC, whose <br /> address is 10925 E. 120th Ave, Henderson, Colorado 80640 ("120-85"). Aurora and 120-85 are <br /> each referred to herein as a"Party" and together as the "Parties." <br /> Witnesseth <br /> WHEREAS, Aurora has the right to,use, or provide for use to others 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, 120-85 has a use for a certain portion of this Reusable Raw Water; and <br /> WHEREAS,Aurora and 120-85 desire to enter into this Agreement whereby Aurora shall <br /> deliver a portion of such Reusable Raw Water to 120-85; and <br /> WHEREAS,this Agreement will be of mutual benefit and convenience to Aurora and 120- <br /> 85; 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 />