2024-03-25_HYDROLOGY - M2023033 - Laserfiche WebLink

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EWING PIT Agreement For Delivery of Reusable Raw Water This Agreement ("Agreement") is entered into on this 21 st day of March , 2024, by and between the City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise ("Aurora"), whose address is 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and BURNCO Colorado, LLC,a Texas limited liability company,whose address is 10100 Dallas St.,Henderson,CO 80640 ("BURNCO"). Aurora and BURNCO are each referred to herein as a "Party" and together as the "Parties." WITNESSETH WHEREAS,Aurora has the right to use, sell, or provide for use certain of its fully reusable municipal water return flows to the South Platte River('Reusable Raw Water"); and WHEREAS, such Reusable Raw Water is derived from trans-mountain or other reusable sources; and WHEREAS, BURNCO has a use for a certain portion of this Reusable Raw Water; and WHEREAS, Aurora and BURNCO desire to enter into this Agreement whereby Aurora shall deliver a portion of such Reusable Raw Water to BURNCO; and WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and BURNCO; and WHEREAS, the Aurora Utility Enterprise staff has determined, as a precondition to entering this Agreement,that Aurora is able to fulfill all exchange and operational obligations that require Reusable Raw Water, that it is able to fulfill all existing long-term agreements that require Reusable Raw Water (including this Agreement), and that all other needs of Aurora that may be fulfilled by these sources are met; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: