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w~T~t sa><.F acx~1~NT <br />THIS AGREEM©dT ("Agt~nent'~ is made and en#ered into this Z~'~-day of <br />2006, (the "Effective Date") by a>id between the City of Victor, Colorado <br />`.J <br />referred to as a' <br />as the "Parties"). <br />W1TNE.SSETH: <br />("~Y~'~> (either patty may be <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 />WfIEREAS, Seller is willing to sell watea 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) pea one thousand (1,000) gallons. <br />NOW, TFIEREFORE, 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 aclmowledged, the Parties 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 Seller 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 Patties currently contemplate that Buyer will receive delivery of water at the following <br />location: Victor City Shop (the "Delivery Location'. The Parties fiuther contemplate that the <br />water will be delivered to Buyer's water truck via Sedlea's tap at the Delivery Location. Nothing <br />in this Agreement shall regaffe 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 aad Fifty Cents (58.50) per One Thousand <br />(1,000) gallorjs of water, as provided in Ordifiauce 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 Bayer 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 trot deliver or resell sn}+ of the watea delivered by the City <br />to Buyer to any property located withia the boundaries of the City of Victor, or to any property <br />located outssde of the boundaries of Ure City of Vidot that are served by Seller's Watea System, <br />or to any property or owner or tesidem thereof that has an outstanding delinqu~t water bill front <br />Seller at the torte ofthe contemplated delivery. <br />~. Termination. This Agreement may be terminated immediately ttpon written notice by <br />either Party- <br />Exhibit 2 page 1 <br />