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<br />, <br />w <br /> <br />..-'\ <br />(,.., <br /> <br />4. In addition to the Sixty Thousand Dollars ($60.000) <br />from the State. the Contractor sha:Ll contribute Twenty Thousand <br />Dollars ($20.000) toward the cost l)f p~eparing the study and )\ <br />the report for which this contract calls. In no event shall <br />this sum be the responsibility of 1:he State. <br /> <br />5. In consideration of the State assuming a portion of the <br />cost of the preparation of the saiu study and report. the <br />Contractor shall pay to the Statel:he sum of Seventy-Seven <br />Thousand Seven Hundred Dollars (~77.700) if. but only if. <br />construction on any water project identified in the report is <br />initiated by the Contractor within ten (10) years of the oate <br />of this contract. The Contractor !:hall fulfill this Obligation <br />irrespective of how or by ","horn such project is financed and <br />paid for and irrespective of to Whilt final specifications and <br />plans such project is constructed. <br /> <br />6. In the event the Contractox' must mak.e payroent pursuant <br />to the terms of paragraph 5 above. then the said" sum of <br />Seventy-Seven Thousand 5even Hundu,d Dollars ($17.700) shall be <br />payable in ten (lO) equal annual installments of Seven Thousand <br />Seven Hundred Seventy Dollars (t7.i70) each. the first <br />installment to be due and payable vpOD the January 1st next <br />succeeding the initiation of construction on the water <br />project. Subsequent payments shall be due and payable on <br />January 1st of each year thereafter. <br /> <br />7. The report for which this contract calls. and all <br />information. data. analyses. and rEsults contained therein or <br />utilized in the course of prepa=ing the report. cannot be used <br />by the State or the Contractor :r. any litigation concerning <br />applications by the State for instream flow water rights on any <br />stream in the Blue River Basin. <br /> <br />8. 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 />9. The Contractor is an indepenoent contractor and as such <br />is not entitled to any benefits of the S~ate personnel system. <br /> <br />10. The Contractor warrants that it has not employed or <br />re~ained any company or person. other than a bona ~ide employee <br />wor~ing solely for it. to solicit or secure this contract and <br />that it has not paid or agreed to pay any person. company. <br />corporation. individual. 0: firm. other than a bona fide <br />employee worting solely for it. any ~ee. commission. <br />percentage. gi~t. or other consideration contingent upon or <br />reSUlting from the award or the making of this contract. <br /> <br />11. All notices. correspondence. or other documents <br />required by this contract shall be 5elivered or Thiiled to ~he <br />follo~ing actresses: <br /> <br />a. For the State <br /> <br />b. For the Contractor <br /> <br />Mr. J. William McDonald. Director <br />Coloraao Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br />Attn: Nick Ioannides <br /> <br />Summit County <br />P.O. Boy. 68 <br />Brec.en~idge. CO 80(24 <br />Attn: Bruce Baumgartner <br />Coun:y Manager <br /> <br />12. This contract shall termina':e eleven (II) years from <br />the date hereof unless the provisions of paragraphs 5 and 6 <br />apply. in which event this contract shall remain in.tull force <br />and effect until the sum owing the :itate pursuant to paragraph <br />5 is fully repaid. <br /> <br />Page 2 of 4 I)ages <br /> <br />. <br /> <br />. <br /> <br />,/ <br />