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ORIGINAL <br />AMENDMENT TO AGREEMENT FOR LEASE OF FIRM DELIVERY OF <br />RECLAIMED WASTEWATER <br />T141S AMENDMENT TO AGIMEMENT FOR LEASE OF FIRM DELIVERY OF <br />RECLAIMED WASTEWATER between TIME CITY OF AURORA, COLORADO, acting by <br />and throw its Util' ' y Enteiprise; and AL8EkT FREI & SONS, INC., is made and entered into <br />thisaay of A� =2011 by and between the City of Aurora, Colorado,, a Colorado <br />municipal corporation of the Counties. of Adams, ATapahoe Arid ]Douglas, acting by and through <br />its Utility Enterprise ( "Aurora ") and Albert Vrel & Sons, Inc. <br />WITNESSETH <br />VNHEREAS, Aurora and Lessee esitere'd into the A greeui ' it Far Lease 6f` Firm Delivery <br />Reclaimed Wastewater, dated May 112011, heteitiafter, the " eerrieat "; and <br />WHEREAS. Aurora and Lessee agree to amend the Agreement as provided herein; and <br />WHEREAS, the paragraphs herein with parapiph numbers are the, same paragraph <br />numbers as:in the Agreement and are the onlyparagrapbs that are.amended; <br />]STOW, THEREFORE, ih consideration of the premises and- the-mutual promises and <br />covenants contained - herein, Aurora and Lessee hereby agree as follows: <br />1. * -Cenen Terms. The term ofthis,Agreementshall codmence on the Effective Date, as <br />defined in paragraph 21, and contiirme until the last date fc kLiolivery of water, as provided for an <br />the annual water delivery schedule attached hereto as Exbibif A°tind incorporated herein by ties <br />reference (the ")c#very Schedule "), Aurora will commence sup�lyitig the Reclaimcd <br />Wastewater on February 1, 2011 and cease-supplying the Roidfatmed Wastewater on December <br />31, 2015. <br />$. Pota Aurora shall bill Lessee for all effluent t-it will deliver during - 2011, as shown <br />on.the Delivery Schedule, within 30 business days of the Effective Date. On the second day of. <br />January, 2012, and on each succeeding January 2 uirtil 2015, Aurora shall bill Lessee for all <br />effluent it will deliver. to Lessea, during that.year of the Agreement as set forth in the Delivery <br />Schedule. All billing.shall be done on such forms as- designated by Aurora for that purpose. <br />Payment by Lessee.shaU j .,)fl. �iYe(4 ) idw eX owGh bill has been issued. <br />If Lessee does natmai�s a t+ei ttii ' i yl #tl� i tth `sli oC,, C, Rive Lessee a notice <br />of default. if Lessee does not cure the d+sf~ault by Ong full payment viitjtin thirty (30) days of <br />receipt of any-notice of de&ult, then Aurora, in additibn to purs6ing,any other remedies available <br />to it, may declare this Agreement terminated. <br />18. Miseellaneous, <br />(n) Except as modified herein, the Agreement is in full force and effect and is hereby <br />ratified by Aurora ond Lessee. <br />(o) Capitalized terms not defined herein shall have the same-meaning as set forth in <br />94U%xs.2s4 <br />