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AGREEMENT <br />FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br />THIS AGREEMENT ( "Agreement ") is entered into this 11 of MC -4 , 2011, by <br />and among the CITY OF AURORA, COLORADO, A COLORADO MUNICIPAL <br />CORPORATION OF THE COUNTIES OF ADAMS, ARAPAHOE AND DOUGLAS, <br />ACTING BY AND THROUGH ITS UTILITY ENTERPRISE ("Aurora"), whose address is <br />15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and ALBERT FREI & <br />SONS, INC., whose address is 7321 E. 88 Avenue, Henderson, Colorado 80640 ( "Lessee ") <br />(Aurora and Lessee collectively referred to herein as the "Parties "). <br />RECITALS <br />WHEREAS, Aurora has the right to use, sell, or lease certain of its fully reusable <br />municipal 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 such 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 />WHEREAS, the Aurora City Council adopted a Resolution establishing a policy of the <br />City of Aurora, Colorado, acting by and through its Utility Enterprise for the management and <br />lease of reclaimed wastewater authorizing the Director of Aurora Water to enter into short term <br />leases; 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 term of this Agreement shall commence on the Effective Date, as <br />defined in paragraph 21, below, and continue until the last date for delivery of water as provided <br />for on the water delivery schedule attached hereto as Exhibit A and incorporated herein by this <br />9411\311521500.1 <br />1 <br />