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w~~:x swr•~: AGREEMENT <br />THIS AGREEMENT ("Agreement") is made and entered into this Z~r day of <br />?006, (the "Effective Date") by and betwece the City of Victor, Colorado <br />("Sellez'~ and ~ NE ("Buyer', {either party may be <br />`/ referred to as a "Party" or llectively as the "Parties"). <br />WI-IFREAS, Sella owns and operates a municipal wale systean (tiro "Water System'; <br />WHEREAS, Buyer desires to purc]rase water from Seller to resell to property owner <br />who do not have access to wets on their property; and <br />WHEREAS, Sella is willing to sell water to Buyer pursuant to Section 18 of City of <br />Victor Ordinance No. 338, which allows Seller to sell water to users for a flat fee of eight dollars <br />and fifty cents {58.50) per one thousand (1,000) gallons. <br />NOW, THEREFORE, in consideration of the above premises, the mutual proauses and <br />covenants below, and for other good and vahrable consideration, the receipt end adequacy of <br />which are hereby acknowledged, the Patties agree as foIIows: <br />7. Deliverv of Water. Seller shall delivery water from Seller's Water System to Buyer at a <br />location and time and by a method established by Seller's Water Superintendent. Sella shall <br />only deliver water as it is available, as determined by Seller at Seller's sole discretion, from <br />Seller's Water System. Seller may at any time decline Buyer's request for delivery of water. <br />The Parties qtly conteffiplate that Buyer will receive delivery of water at the following <br />location: Victor City Slop (the "Delivery Location'. The Parties further contemplate that the <br />~- water will be delivered to Buyer's water truck via Seller's tap at the Belivery Location. Nothing <br />in this Agreement shall require Seller to make any modifications to its Water System, iacludwg <br />any modifications to the delivery system or the metering system to accommodate Buyer. <br />2. Pa aie.~t The fee shall be Eight Dollars and Fifty Cats ($8.50) pa One Thousand <br />(1,000) gallons of wale', as ~ovided in Ordinauca No. 338, provided, however, that Se11er may <br />change this fee at -any time. Prior to i+eceiving delivery of water, Buyer shall pay Sella, in <br />advance, the estimated cost of the wets Buyer anticipates receiving. After the delivery of dre <br />ware is made, the Parties shall adjust the amotmt based upon the actual amount of ware <br />delivered to Buyer, via either a refimd from Seller or an additional payment from Buyer. <br />3- Resale T.imitation. Buyer shall not deliver of resell any of the ware delivered by the City <br />to Buyer to any pmpeaty located within the boundaries of the City of Victor, or to any property <br />located outside of the boundaries of the City of Victor that are served by Seller's Water System, <br />or to any property or owner or resident thereof that has an outstanding delinqucet wets bill from <br />Seller at the timc of the contemplated delivery. <br />~. Termination. This Agreement may be terminated immediately upon written notice by <br />either party- <br />^ Exhibit 2 page 1 <br />