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Home Owners Organization or Other Private Organization 2004 ADULT MOSQUITO CONTROL AGREEMENT Name of Organization McMahon Estates First This agreement for contract spraying to control adult mosquitoes is made between McMahon Estate First whose mailing address is - hereinatìer ORGANIZATION, and the Cass County Conunission, whose offIce is at 21 1 Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo ND, 58108 hereinafter COUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost to the ORGANIZATION cOlUlllensurate with the County resources available. The County may also provide barlier applications at its discretion at no cost as part ofthe control program. County will provide these services without further request or notification from the ORGANIZATION. 2) ORGANIZATION agrees to notifY COLmty via telephone, email, or tàcsimile each time the ORGANIZA TrON wishes to receive adult mosquito spraying within the subdivision. 3) COUNTY agrees to apply an insecticide for control of adult mosquito populations throughout the Streets when requested by the ORGANIZATION. Application will be in accordance with manufacturer's instructions. The County will endeavor to comply with the ORGANIZATION'S request, but exact timing of each application will be at the discretion of the County. 4) ORGANIZATION agrees to pay $100.00 per application. 5) COUNTY ~ill bilJ ORGANIZATION for services rendered. Payments for services to be made within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnitY and defend the ORGANIZATION from all dircct and indirect, present and future claims or causes of action, which in any way result from d1e activities of the COUNTY in completion ofthe tasks stated herein or may result trom the decisions, reconnncndations, actions, omissions of actions or other en'ors on the part of COUNTY, its employees or contractors and any pal1 from whieh COUNTY may obtain infOlmation or services for the completion of the same. This assumption of liability and agreement to hold hamùess is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. 7) ORGANIZATION agrees to assume all liability and agrees to indemnitY and defend the COUNTY tì"om all direct and indirect, present and future claims or cau.~e:s of action, which in any way result .lTom the activities of the ORGANrZA nON in completion of the tasks stated herein or may reslùt from the decisions, recommendations, actions, omissions of actions or other errors on the part of ORGANIZATION, its employees or contractors and any pal1 trom which ORGANIZATION l1l'lY obtain inionnation or services for the completion of the same. This assumption ofliability and agreement to hold harmless is intended to cover any present or future activities undel1aken by ORGANIZATION in flll1herance of this agreement. Dated this_day of ,2004. Chairperson, Cass County Board of Commissioners- ORGANIZATION authorized representative Phone number(s) . ORGANIZATION Point of Contact for Mosquito Control (please print name) V W""I & Vector'2lm Vmor2004 V...,or (DOlr.,IS.McMahon E"""" I-írst 20114 C"nt'a<..do, 1