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<br />Casc No. 94CW036, Findings or Fact, Conclusions of Law and <br />Decree of tht Court Approving Absolute and Conditional Ground <br />Water Rights, Plan of Augmcntatian end for Change of water Rights, <br />Application of the City of Blatk Hewk, <br />Page 4D <br />of LTV and/or other technologies where appropriate. The stipulators shalt be given the opportunity to <br />review and comment upon all phases of the design process prior to the bidding process for the <br />construction of TWT facilities at the New Plant. <br />35.d. ~ The Funding Parties anticipate that the additional design and construction cost <br />of the TWT processt;s at the New Plant will not exceed $ l.5 million in 2000 dollars. The Funding <br />Parties agree that the $1.5 million (2000 dollars) will be made up to the District, as follows: <br />35.d.(1) Black Hawk and Central City and Gilpin County: 66.67 percent, <br />not to exceed $1 million (2000 dollars) to be allocated among them as they determine by subsequent <br />agreement; Northglenn shall provide $70,000.00; Thornton, Westminster, and the Coors Brewing <br />Company: a total of 33.33 percent, not to exceed $430,000 (2000 dollars) to be allocated among <br />them as they determine by subsequent agreement. <br />35.d.(2) The sum of$1,500,000 (2000 dollars) shall be placed in escrow <br />by December 31, 2000 with a United States chartered bank selected by the District, pursuant to an <br />escrow agreement providing: (1) that the escrowed funds shall be used and drawn upon by the <br />District solely to defray the design and construction cost of the TWT for the New Plant; (Z} that <br />escrowed funds (including interest thereon) that exceed the actual design and construction cost of the <br />TWT for the New Plant (as determined upon completion ofconstruction of the New Plant) shall be <br />returned to the parties pro rata to their original contribution of funds. The Funding Parties agree, <br />however, that instead ofescrowing their share ofthe additional design and construction costs, Black <br />Hawk and/or Central City and/or Gilpin County may enter into a funding agreement with the District <br />for their share, which funding agreement shall be binding, valid and enforceable under Colo. Const. <br />Art. X § 20, and shall be subject to an election to ensure the enforceability of the funding agreement, <br />which election shall beheld in November, 2000, as provided by Colo. Const. Art. X § 20, and, if any <br />election on such funding agreement is thereupon defeated, then the required escrow payment shall be <br />made by the party holding the election no later than December 31, 2000. <br />35.d.(3) Ifthe design and construction costs for the TWT for the New <br />Plant exceed $1,500,000 (2000 dollazs), the Funding Parties agree to meet and to use their best <br />efforts to agree on how to allocate and fund the cost in excess of $1,500,000. If the technical staff of <br />the respective Funding Parties cannot develop a mutually acceptable fi3nding agreement, the City' <br />Managers and/or the parties' authorized officers will meet to use their best efforts to develop an <br />acceptable funding agreement for the design and construction costs of the TWT in excess of <br />$1,500,000 (2000 dollars). <br />