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<br />attached and made a part of this contract as Appendix Bi and in <br />no event shall this payment be the liability of the state of <br />Colorado. <br /> <br />5. In consideration of the state assuming a portion of the <br />cost of the preparation of the said report, the Contractor shall <br />pay to the state the sum of Sixty-Two Thousand Five Hundred <br />Twenty-Nine Dollars ($62,529) for its share of the report cost <br />even if no fundable construction project by the state results <br />from this report (see Appendix C, attached hereto and made a part <br />hereof). If the state does enter a contract with the Contractor <br />within three (3) years to fund a construction project resulting <br />from this report, then the funds advanced by the State for this <br />report may be consolidated with the construction loan for <br />repayment. <br /> <br />5a. The Contractor shall lawfully adopt a valid ordinance <br />pursuant to its charter prior to the execution of this contract. <br />Such ordinance is a condition precedent to state performance of <br />this contract. Such ordinance shall be irrepealable for the <br />period of repayment of this contract loan. Such ordinance shall <br />specifically authorize ,the Contractor to enter into this <br />contract. Such ordinance shall specifically pledge the full <br />faith and credit of the Contractor to repay this contract loan in <br />the event of default. Such ordinance shall be attached hereto as <br />Appendix D, and is incorporated herein by this reference. <br /> <br />6. In the event the Contractor must make payment pursuant <br />to the terms of the first sentence of paragraph 5. above, then <br />the said sum of Sixty-Two Thousand Five Hundred Twenty-Nine <br />Dollars ($62,529) shall be payable in ten (10) equal yearly <br />installments of six Thousand Two Hundred Fifty-Two Dollars and <br />Ninety cents ($6,252.90) each, the first installment to be due <br />and payable upon January 1st, 1995. Subsequent payments shall be <br />due and payable on January 1st of each year thereafter. <br /> <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the State. <br /> <br />8. The Contractor is an independent contractor and as such <br />is not entitled to any benefits of the state personnel system. <br /> <br />9. The original contract price stated in paragraph 4. may <br />not be exceeded without state approval and any increase to the <br />original price shall be shared equally between the State and the <br />Contractor and can only be accomplished by an amendment to this <br />contract. <br /> <br />10. The Contractor warrants that he has not employed or <br />retained any company or person, other than a bona fide employee <br />working solely for him, to solicit or secure this contract and <br />that he has not paid or agreed to pay any person, company, <br />corporation, individual, or firm, other than a bona fide employee <br />working solely for him, any fee, commission, percentage, gift, or <br />other consideration contingent upon or resulting from the award <br />or the making of this contract. <br /> <br />11. All notices, correspondence, or other documents <br />required by this contract shall be delivered or mailed to the <br />foll~wing addresses: <br /> <br />a. For the State <br /> <br />b. For the Contractor <br /> <br />Colorado Water Conservation Board <br />state Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Attn: Frank Akers <br />Project Planning and <br />Construction Section <br /> <br />city of Louisville <br />749 Main street <br />Louisville, CO 90027 <br />Attn: Thomas A. Phare <br />Director of Public Works <br /> <br />Page ~ of i pages <br />