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Agreement <br /> For Delivery of Reusable Raw Water <br /> This Agreement ("Agreement") is entered into on this 10 day of January , 2022, 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, Stillwater Lake Ranch LLC <br /> ("Stillwater"), whose address is 303 South Broadway B-200, Denver, Colorado 80209, and <br /> Aggregate Industries WCR-Inc. ("Al"), whose address is 1687 Cole Boulevard Suite 300, Golden, <br /> Colorado 80401. Aurora, Stillwater and Al are each referred to herein as a "Party, collectively as <br /> the"Parties," and Stillwater and Al together are referred to as the "Water Users." <br /> Witnesseth <br /> WHEREAS, Aurora has the right to use, sell, or provide for use of 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, the Water Users have a use for a certain portion of this Reusable Raw Water; <br /> and <br /> WHEREAS, Aurora and the Water Users desire to enter into this Agreement whereby <br /> Aurora shall deliver a portion of such Reusable Raw Water to the Water Users; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to each of the <br /> Parties; 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 />