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Home Owners Organization or Other Private Organization 2004 ADULT MOSQUITO CONTROL AGREEMENT Name of Organization Heritage Hills Subdivision This agreement for contract spraying to control adult mosquitoes is made between Heritage Hills Subdivision whose mailing address is hereinafter ORGANIZA nON, and the Cass County Conunission, whose office is at 211 Ninth Street, Fargo, North Dakota 58108. Mailing address is Box 2806 Fargo ND, 58108 hereinafter COUNTY. THE PARTIES STIPULATE AND AGREE AS FOLLOWS; I) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost to the ORGANIZA nON commensurate with the County resources available. The County may also provide barrier applications at its discretion at no cost as part of tile control program. County will provide these selvices without further request or notification from the ORGANlZA TIaN. 2) ORGANIZATION agrees to notify County via telephone, email, or facsimile each tinle the ORGANIZATION wishes to receive adult mosquito spraying within the subdivision. 3) COUNTY agrees to apply an insecticide tor control of adult mosquito populations throughout the Streets when requested by the ORGANIZA nON. Application will be in accordance with manutàcturer'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 will bill ORGANIZA nON for services rendered. Payments tor services to be made within 30 days. 6) COUNTY agrees to assume all liability and agrees to indemnify and defend the ORGANIZATION trom all direct and indirect, present and future claims or causes of action, which in any way result ITom the activities of the COUNTY in completion of the tasks stated herein or may result £i-om the decisions, recommendations, actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any part fi'om which COUNTY may obtain information or services for the completion of the samc. This assumption ofliability and agreement to hold hannless 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 indemnify and defend the COUNTY ITom all direct and indirect, present and future claims or causes of action, which in any way result £i-om the activities of the ORGANIZATION in completion of the tasks stated herein or may result fi'om the decisions, recommendations, actions, omissions of actions or other errors on the part of ORGANIZATION, its employees or contractors and any part ITom which ORGANI7,ATJON may obtain intonnation or services tor the completion ofthc same. This assumption ofliability and agreement to hold hal1111ess is intended to cover any present or future activities undertaken by ORGANIZATION in furtherance of this agreement. Dated this_day of ,2004. Chairperson, Cass County Board of Conunissioners ORG A NlZA nON authollzed representative Phone number(s) ORGANIZATION Point of Contact for Mosquito Control (please priut name) -- J\W...i & v"",or..2004 VeelO1"'200<1 \'eelO< C"nlra"'--Heri<'Ii" liiJls SubJ;";,;,,n 1004 Conl"'r_'_D' 1