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AGREEMENT <br />FOR LEASE Oh' FIRM DELIVERY OF RECLAIMED WASTEWATER <br />THIS AGREI:IvIEN'1' ( "A< =reernent ") 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 151.51 East <br />Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and 120 85, LLC, whose address is <br />P.O. Box 44011, Denver, Colorado 80201 ( "Lessee ") (Aurora and Lessee collectively referred to <br />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, AS, this Agreement will he 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 />NO'V, 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 defiled in Paragraph 21 below, and terminate on October 31, 2018. The Agreement may be <br />terminated earlier by written notice of either party to the other, effective upon the last day of the <br />next calendar month, but in no case later than October 31, 2018. The Agreement shall be made <br />expres1,1y subject to each of the terms and conditions set forth below. <br />2. Delivery Schedule. The monthly water delivery schedule set forth and attached hereto as <br />Exhibit A and incorporated herein by this reference ( "Delivery Schedule ") identifies the initial <br />projected maximum amounts of Reclaimed Wastewater that may be provided to Lessee by <br />00941 1 \031(_A 1811961.3 <br />