Laserfiche WebLink
Agreement <br /> 1. Term. The Term of this Agreement shall commence on December 1, 2021 and continue <br /> until November 30, 2022 (the"Term"). Aurora may, in its sole discretion, extend this Agreement <br /> for additional one(1)year terms through November 30,2027 at Water Users' request. The Water <br /> Users must notify Aurora by October 1 that it requests a one-year extension of this Agreement for <br /> the following water year(December 1 through November 30). Aurora will confirm the extension <br /> of this Agreement,or not,including delivery schedule and applicable rates,by written notification <br /> to the Water Users to be made by no later than forty-five(45)days after Water Users' request, and <br /> said delivery schedule shall be the Delivery Schedule. <br /> 2. Delivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery Schedule attached as Exhibit A. As long as Aurora is capable of delivering the <br /> Reusable Raw Water to any of the Delivery Points (defined in Paragraph 3, below) according to <br /> the Delivery Schedule, the Water Users will be obligated to pay the per acre-foot charge set forth <br /> in Paragraph 8, below, regardless of whether or not the Water Users request or use the Reusable <br /> Raw Water. <br /> 3. Delivery Location. <br /> (a) Delivery Points. The Water Users agree that Aurora shall initially make its delivery of <br /> the Reusable Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W. <br /> Hite treatment facility ("Hite"). The Water Users further agree that Aurora may, in its sole <br /> discretion, satisfy its delivery obligations under this Agreement by delivering the Reusable Raw <br /> Water at any other delivery point or delivery points on the South Platte River (each of Hite and <br /> such other delivery points,hereinafter, a "Delivery Point", and collectively the "Delivery Points"), <br /> provided that such alternative Delivery Points are located within a reach of the South Platte River <br /> above the Water Users "Point of Use",beginning at or below Hite,and continuing downstream to <br /> a point at or above the Lupton Bottom Ditch headgate. The Water Users' "Point of Use" is <br /> downstream of the Lupton Bottom Ditch headgate. The Water Users acknowledge and agree that <br /> the alternate Delivery Points may include,but are not limited to,other wastewater treatment plants <br /> that may be constructed in the future that discharge Reusable Raw Water owned by Aurora, <br /> Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of <br /> Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the <br /> Reusable Raw Water to these Delivery Points, and in its sole discretion may determine which of <br /> the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the <br /> Reusable Raw Water hereunder,the Water Users shall assume sole liability for any loss, damage, <br /> or injury that may occur to persons or property as the direct or indirect result of the control and/or <br /> use of said Reusable Raw Water by the Water Users. The amount of Reusable Raw Water reflected <br /> in the Delivery Schedule was calculated by the Water Users to include any transportation losses, <br /> or"shrinkage,"from Hite to the Point of Use downstream. The Water Users also acknowledge the <br /> travel time between the alternate Delivery Points and the Point of Use varies, but that the timing <br /> for Aurora's delivery obligations as provided for under the Delivery Schedule shall remain the <br /> same regardless of Aurora's use of alternative Delivery Points. <br /> 2 <br />