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<br />attached and made a part of this contract as Appendix B; 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 constructiqn loan for <br />repayment. <br /> <br />Sa. 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 S te performance of <br />this contract. Such ordinance shall be ipr~~ ble for the <br />period of repayment of this contract lo~~~ Sl ordinance shall <br />specifically authorize the Contractor . 'b.~ij,. ez; 0 this <br />contract. Such ordinance shall spe ,"',.' ca~ ',i.~ Ie e the full <br />faith and credit of the Contractor ~ ay contract loan in <br />the event of default. Such ordinance 1 attached hereto as <br />Appendix D, and is incorporated ein s reference. <br /> <br />6. In the make payment pursuant <br />to the terms of of aragraph 5. above, then <br />the said sum of Sixty-rW: ive Hundred Twenty-Nine <br />Dollars ($62,529) shall yabl in ten (10) equal yearly <br />installments of six Thousa Hundred Fifty-Two Dollars and <br />Ninety Cents ($6,252.90) ea he 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 />following 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 80027 <br />Attn: Thomas A. Phare <br />Director of Public Works <br /> <br />Page A of ~ pages <br />