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C C' k LL f -c /rU ec' Gt_c <br />AG EMENT BETWEEN <br />THE CITY OF AURORA, COLORADO, ACTING BY AND THROUGH ITS <br />_UTILITY ENTERPRISE AND LAFARGE <br />TRADING FULLY REUSABLE WATER FOR <br />1.75 SHARES OF BRIGHTON DITCH COMPANY <br />and <br />and <br />ORIGINAL <br />THIS AGREEMENT ( "Agreement ") is made and entered into this g 1 s`i- day <br />of Feb rue, r y, 200$ by and between the City of Aurora, a home rule municipal <br />corporation of the Counties of Adams, Arapahoe and Douglas, State of Colorado; acting <br />by and through its Utility Enterprise ( "Aurora "), and Lafarge West,-_Inc., a Delaware <br />corporation, ( "Lafarge "), (collectively, the "Parties "). <br />isEC:EP1IOt zt. 2008000017959, <br />03109!2006 at 10:31:16 MO OF 18 <br />W I T N E S S E T H: TO Pys, O Doc Typo <br />Karen Lang, Adams County. CO <br />WHEREAS, Lafarge owns 1.75 shares in the Brighton Ditch Company ( "Subject <br />Shares ") represented by certificate no. 248; and <br />WHEREAS, Aurora is the Utility Enterprise of a home rule municipal corporation <br />of the State of Colorado and has a necessity for the water represented by the Subject <br />Shares for the purpose of supplying water for municipal use to the inhabitants of Aurora <br />and to those other persons, firms and corporations currently served and, desiring to obtain <br />water from Aurora; and <br />WHEREAS, Aurora desires to obtain the Subject Shares; and <br />WHEREAS, Aurora has the right to trade and provide to Lafarge as consideration <br />for this Agreement a certain quantity of its fully reusable water in the South Platte River <br />( "Fully Reusable Water "); and <br />WHEREAS, by and through the trades, exchanges and the consideration in the <br />foini of water derived from certain of Aurora's Fully Reusable Water that is part of this <br />Agreement, Aurora believes it will be able to further advance its already diligent efforts <br />and further implement reuse of its water to enlarge and enhance its water supply system; <br />WHEREAS, such Fully Reusable Water is derived from transbasin or other <br />reusable sources; and <br />WHEREAS, Lafarge has a use for a certain portion of this Fully Reusable Water; <br />WHEREAS, Aurora and Lafarge desire to enter into an agreement whereby <br />Lafarge conveys title to the Subject Shares and the dry -up covenant associated with these <br />shares to Aurora, and in return, Aurora provides Lafarge Fully Reusable Water in the <br />South Platte River; and <br />