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Home Owners Organization or Other Private Organization 2004 ADULT MOSQUITO CONTROL AGREEMENT Lost Meadows Subdivision Association This agreement for contract spraying to control adult mosquitoes is made between Lost Meadows Subdivision Association whose mailing address 5209 73rd Street South, Fargo, ND 58104 hereinafter ORGANrzA TION, and the Cass County Commission, 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: 1) COUNTY agrees to take steps to control mosquito larva as part of its ongoing mosquito control program at no cost to the ORGANIZATION commensurate with the County resources available. The County may also provide barrier applications at its discretion at no cost as part of the control program. County win provide these services without further request or notification ftom the ORGANIZATION. 2) ORGANIZA nON agrees to notifY County via telephone, email, or facsimile each time the ORGANIZA nON wishes to receive adult mosquito spraying within the subdivision. 3) COUNTY agrees to apply an insecticidefor 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 ORGANIZA nON'S request, but exact timing of each application wi)] be at the discretion of the County. 4) 5) ORGANIZATION agrees to pay $ 40.00 per application. 6) COUNTY will bill ORGANIZA nON for services rendered. Payments for services to be made within 30 days. COUNTY agrees to assume all liability and agrees to indemnify and defend the ORGANIZA nON fÌ'om all direct and indirect. present and future claims or causes of action, which in any way result fiom the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any part ftom which COUNTY may obtain information 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 undertaken by COUNTY in furtherance of this agreement. 7) ORGANIZA nON agrees to assume all liability and agrees to indemnifY and defend the COUNTY fiom all direct and indirect, present and futW'e claims or causes of action, which in any way result ftom the activities of the ORGANIZA nON in completion of the tasks stated herein or may result fÌ'om the decisions, recommendations, actions, omissions of actions or other elTors on the part of ORGANIZATION, its employees or contractors and any part fiom which ORGANIZA nON may obtain information or services for the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present or future activities undertaken by ORGANIZATION in furtherance of this agreement. Dated this 21st day of June, 2004. Chairperson, Cas! County Board of Commissioners ORGANIZA nON authorized representative Phone nwnber(s) . ORGANIZATION Point of Contact for Mosquito Control (please print name) 1