2013-05-29_HYDROLOGY - M2001085 - Laserfiche WebLink

Home Browse Search

Aurora in its sole discretion upon a determination that Reclaimed Wastewater is available each month. The Delivery Schedule is for planning purposes only and does not commit Aurora to provide any Reclaimed Wastewater to Lessee. Furthermore, Aurora, at its discretion, may deliver all or only a portion of the maximum monthly amounts set forth in the Delivery Schedule. In no event shall the total amount of Reclaimed Wastewater delivered exceed the nuuimum monthly amounts set forth in the Delivery Schedule. Lessee shall notify ALU'OI'a at least ten (10) days prior to the beginning of each month, identifying the volume of water it would like to have delivered, if different from the Delivery Schedule, and Aurora shall notify Lessee within ten (10) days of the end of each month the volume of water it did deliver the previous month. As long as Aurora delivers the requested volume of Reclaimed Wastewater to the delivery points according to the Delivery Schedule, in whole or in part, Lessee will be obligated to pay the per -acre foot charge set forth in Paragraph 8 below regardless of whether or not Lessee uses the Reclaimed Wastewater. Lessee may provide a new annual Delivery Schedule of projected ntaxirnurn delivery amounts no later than October 1 each year. 3. Delivery Location. (a) Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite treatment facility ( "Hite "). Lessee further agrees that Aurora may, in its sole discretion, satisfy its ctclivery obligations under this Agreement by delivering the Reclaimed Wastewater at any other delivery point or delivery points on the South Platte River (each of Hite and such other delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points "), provided that such alternative Delivery Points are located within a reach of the South Platte River beginning at or below Hite and continuing downstream to a point at or above the location on the South Platte River that is a point in the NW' /a of the SE' /a of Section 34, Township I South, Range 67 West of the 6 "' P.M., which is 2,306 feet from the South Section line and 1,455 feet from the Fast Section line of said Section 34 [UTM Coordinates: Easting 511059, Northing 44189431 (such location, the "Point of Use "). Lessee acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, other wastewater treatment plants that may be constructed in the future that discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, damage, or injury that rrlay occur' to persons or property as the direct or indirect result of the control and /or use Of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater needed at the Delivery Points was calculated by Lessee to include any transportation losses, or "shrinkagoc," from Hite to Lessee's point of use downstream. Lessee also acknowledges the travel time between the alternate Delivery Points and Lessee's Point of Use varies, but that the tunma for Aurora's delivery obligations as provided for under the Delivery Schedule shall remain the same regardless of Aurora's use of alternative Delivery Points. (b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of Reclaimed Wastewater to be delivered under this Agreement are deemed to be satisfied if Aurora makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora eleefs, in its 2 U09411\0+10 \1811961 -4