2013-06-26_REVISION - M2001085 (3)

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AGREEMENT FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER THIS AGREEMENT (" Agreement") is entered into by and between the CITY OF AURORA, COLORADO. a Colorado municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise ("Aurora "), whose address is 151.51 Last Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and 120 85, LLC, whose address is I3 O Box 44011, Denver, Colorado 80201 ( "Lessee ") (Aurora and Lessee collectively referred to herein as the "Parties "). WITNESSETH: WHEREAS. Aurora has the right to use, sell, or lease certain of its fully reusable municipal wastewater return flows to the South Platte. River ( "Reclaimed Wastewater "); and WHEREAS, such Reclaimed Wastewater is derived from trans - mountain or other reusable sources; and WHEREAS, Lessee has a use for a certain portion of this Reclaimed Wastewater; and WHEREAS, Aurora and Lessee desire to enter into this Agreement whereby Aurora shall lease a portion of such Reclaimed Wastewater to Lessee; and WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and Lessee, and WHEREAS, the Aurora Utility Enterprise staff has determined as a precondition to entering this Agreement that Aurora is able to fulfill all exchange and operational obligations that require Reclaimed Wastewater, that it is able to fulfill all existing long -term agreements that require Reclaimed Wastewater and that all other needs of Aurora that may be fulfilled by these sources are met; and NOW, THEREFORE. for and in consideration of the mutual promises and covenants contained herein. and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged. Aurora and Lessee hereby agree as follows: AGREEMENT 1. General Terms. The duration of this Agreement shall commence on the Effective Date as defined in Paragraph 21 below, and terminate on October 31, 2018. The Agreement may be terminated earlier by written notice of either party to the other, effective upon the last day of the next calendar month, but in no case later than October 31, 2018. The Agreement shall be made expressly subject to each of the terms and conditions set forth below. 2. Deliver' Schedule. The monthly water delivery schedule set forth and attached hereto as Exhibit A and incorporated herein by this reference ( "Delivery Schedule ") identifies the initial projected maximum amounts of Rcclairne.d Wastewater that may be provided to Lessee by 009,111\01I0 \Ib11961.±