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PERMFILE105904
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PERMFILE105904
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Entry Properties
Last modified
8/24/2016 9:58:44 PM
Creation date
11/24/2007 12:56:31 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibits 65-79
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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i <br />' S[ipulation <br />Cases Nos. 92-CW-059, 92-CW-) 6S, 94-CW-036 <br />Page 3 <br />the New Plant will incorporate additional Tertiary. Wastewater Treatment processes to include <br />filtration (flocculation and/or sedimentation may be incorporated in other processes prior to <br />filtration), and/or other technologies ("TWT") followed by UV disinfection or another appropriate <br />disinfection technology. <br />2.2.1 The District will be responsible for the design of the New Plant,and will use sound <br />engineering practices and principles in the design, which may include pilot testing of UV and/or <br />other technologies where appropriate. The stipulators shall be given the opportunity to review and <br />comment upon all phases of the design process prior to the bidding process for the construction of <br />TWT facilities at the New Plant. <br />2.3 The Funding Parties anticipate that the additional design and construction cost of the TWT <br />processes at the New Plant will not exceed $1.5 million in 2000 dollars. The Funding Parties agree <br />that the $1.5 million (2000 dollazs) will. be made up to the District, as follows: <br />2.3,1 Black Hawk and Central City and Gilpin County: 66.67 percent, not to exceed $1 million . <br />(2000 dollars) to be allocated among them as they determine by subsequent agreement; Thornton, <br />Westminster, and the Coors Brewing Company: a total of 33.33 percent, not to exceed $500,000 <br />(2000 dollazs) to be allocated among them as they determine by subsequent agreement. Other <br />entities may become party to either or both funding agreements. <br />2,3,2 The sum of $1,500,000 (2000 dollars) shall be placed in escrow by December 31, 2000 with <br />a United States chartered bank selected by the District, pursuant to an escrow agreement providing: <br />(1) that the escrowed funds shall be used and drawn upon by the District solely to defray the design <br />and construction cost ofthe TWT for the New Plant; (2) that escrowed funds (including interest <br />thereon) that exceed the actual design and construction cost'of the TWT for the New Plant (as <br />determined upon completion of construction of the New Plant) shaIl be returned to the parties pro <br />rata to their original contribution of funds. The Funding Parties agree, however, that instead of <br />escrowing their share of the additional design and construction costs, Black Hawk and/or Central, <br />City and/or Gilpin County may enter into a funding agreement with the District for their shaze, <br />which funding agreement shall be binding, valid and enforceable under Colo. Const. Art. X § 20, <br />and shall be subject to an election to ensure the enforceability of the funding agreement, which <br />election shall be held in November, 2000, as provided by Colo. Const. Art. X § 20, and,. if any <br />election on such funding agreement is thereupon defzated, then the required escrow payment shall <br />be made by the party holding the election no later than December 31, 2000. <br />2.3.3 If the design and consta-action costs for the TWT for the New Plant exceed $1;500,000 (2000 <br />dollazs), the Funding Parties agree to meet and to use their best efforts to agree on how to allocate <br />and fund the cost in excess of $1,500,000. If the technical staff of the respective Funding Parties <br /> <br />
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