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AGREEMENT <br />FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br />THIS AGREEMENT ( "Agreement ") is entered into by and between the CITY OF AURORA, <br />COLORADO, a Colorado municipal corporation of the counties of Adams, Arapahoe and <br />Douglas acting by and through its Utility Enterprise ( "Aurora "), whose address is 15151 East <br />Alameda Parkway, Suite 3600, Aurora, CO 80012, and LOLOFF CONSTRUCTION, INC., <br />whose address is P.O. Box 518 Kersey, CO 80644 ( "Lessee ") (Aurora and Lessee collectively <br />referred to herein as the "Parties "). <br />WITNESSETH: <br />WHEREAS, Aurora has the right to use, sell, or lease certain of its fully reusable <br />municipal wastewater return flows to the South Platte River ( "Reclaimed Wastewater "); and <br />WHEREAS, such Reclaimed Wastewater is derived from trans - mountain or other <br />reusable sources; and <br />WHEREAS, Lessee has a use for a certain portion of this Reclaimed Wastewater; and <br />WHEREAS, Aurora and Lessee desire to enter into this Agreement whereby Aurora shall <br />lease a portion of such Reclaimed Wastewater to Lessee; and <br />WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br />Lessee; and <br />WHEREAS, the Aurora Utility Enterprise staff has determined as a precondition to <br />entering this Agreement that Aurora is able to fulfill all exchange and operational obligations <br />that require Reclaimed Wastewater, that it is able to fulfill all existing long -term agreements that <br />require Reclaimed Wastewater and that all other needs of Aurora that may be fulfilled by these <br />sources are met; and <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />contained herein, and other good and valuable consideration, the adequacy and sufficiency of <br />which is hereby acknowledged, Aurora and Lessee hereby agree as follows: <br />AGREEMENT <br />1. General Terms. The duration of this Agreement shall commence on the Effective Date, <br />as defined in Paragraph 21 below, and continue until the Last date for delivery of water as <br />provided for on the water delivery schedule attached hereto as Exhibit A, such date being not <br />more than five (5) years after the Effective Date. Said Agreement shall be made expressly <br />subject to each of the terms and conditions set forth in this Agreement. <br />2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance <br />with the water delivery schedule set forth and attached hereto as Exhibit A and incorporated <br />herein by this reference ( "Delivery Schedule "). In no event shall the total amount of Reclaimed <br />1 <br />