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WATER SALE AGREEMEiT <br />N <br />THIS AGREEMENT ("Agreement") is made and entered into this Z~`-day of <br />' , 200, (the "Effective Date") by and between the City of Victor, Colorado <br />("Seller") and ~ psi: nuNEC~-(D~ la1e~ , ("Buyer"), (either party may be <br />tA-~"~o---C , <br />referred to as a"Party" or collectively as the "Parties"). <br />WHEREAS, Seller owns and operates a municipal water system (the "Water System"); <br />WHEREAS, Buyer desires to purchase water from Seller to resell to property owners <br />who do not have access to water on their property; and <br />WHEREAS, Seller 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 ($8.50) per one thousand (1,000) gallons. <br />NOW, THEREFORE, in consideration of the above premises, the mutual promises and <br />covenants below, and for other good and valuable consideration, the receipt and adequacy of <br />which are hereby acknowledged, the Patties agree as follows: <br />1. Delivery 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. Seiler 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 currently contemplate that Buyer will receive delivery of water at the following <br />location: Victor City Shop (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 Delivery Location. Nothing <br />in this Agreement shall require Seller to make any modifications to its Water System, including <br />any modifications to the delivery system or the metering system to accommodate Buyer. <br />2. Payment. The fee shall be Eight Dollars and Fifty Cents 08.50) per One Thousand <br />(1,000) gallons of water, as provided in Ordinance No. 338, provided, however, that Seller may <br />change this fee at any time. Prior to receiving delivery of water, Buyer shall pay Seller, in <br />advance, the estimated cost of the water Buyer anticipates receiving. After the delivery of the <br />water is made; the Parties shall adjust the amount based upon the actual amount of water <br />delivered to Buyer, via either a refund from Seller or an additional payment from Buyer. <br />3. Resale Limitation. Buyer shall not deliver or resell any of the water delivered by the City <br />to Buyer to any property 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 delinquent water bill from <br />Seller at the time of the contemplated delivery. <br />4. Termination. This Agreement may be terminated immediately upon written notice by <br />either Party. <br />Exhibit 2 page i <br />