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`- BOBBER WATER TOWER <br />MAINTENANCE AGREEMENT <br />This Agreement is made this 8th day of November, 2006 by and between the Brainerd Lakes <br />Area Chamber of Commerce (hereinafter referred to as "THE CHAMBER "), Lessee, and the <br />City of Pequot Lakes (hereinafter referred to as "THE CITY "). <br />This maintenance agreement hereby refers to the landmark Bobber Water Tower which is <br />located on property owned by THE CITY described as Parcel #29111002002Y009: <br />THE CHAMBER shall be responsible for all necessary maintenance and repairs to the Bobber <br />Water Tower including but not limited to lighting and painting of the Bobber Water Tower. The <br />maintenance and repairs to the Bobber Water Tower shall be funded by the CHAMBER. THE <br />CHAMBER and THE CITY will form a joint task force consisting of a representative of THE <br />CITY and a representative of THE CHAMBER. The Task Force shall meet annually in <br />September to determine the necessary improvements to the Bobber Water Tower. <br />THE CITY shall be responsible for obtaining liability insurance. THE CITY shall also be <br />responsible for all ground maintenance including snow removal and lawn maintenance if <br />required. The building located under the Bobber Water Tower shall be maintained by THE <br />CITY. <br />THIS maintenance agreement shall be for a term of 20 years, commencing on November 9, <br />2006, and may be renewed by mutual agreement of the parties hereto. In the event that, during <br />the term of the agreement, the Bobber Water Tower becomes structurally unsound as determined <br />by THE CITY, or uninsurable, this Agreement shall terminate. THE CITY agrees to set up a <br />separate account which shall be used to fund the cost of demolition of the Bobber Water Tower <br />if and when it is determined to be structurally unsound. <br />Any and all claims that arise, or may arise, on behalf of THE CHAMBER, its agents, servants or <br />employees as a consequence of any act or omission on the part of THE CHAMBER or its agents, <br />servants, or employees while engaged in the performance of the Agreement shall in no way be <br />the obligation or responsibility of THE CITY. THE CHAMBER shall indemnify, hold harmless <br />and defend THE CITY, their officers and employees against any and all liability, loss, costs, <br />damages, expenses, claims or actions, including attorneys fees which THE CITY, its officers and <br />employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any <br />act or omission of THE CHAMBER, its agents, servants or employees in the execution, <br />performance or failure to adequately perform THE CHAMBER'S obligations pursuant to this <br />agreement. This shall include any and all copyright, trademark, patent or other intellectual real <br />property claims, issues or matters arising out of THE CHAMBER'S act or omission. <br />Any and all claims that arise, or may arise, on behalf of THE CITY, its agents, servants or <br />employees as a consequence of any act or omission on the part of the city or its agents, servants, <br />or employees while engaged in the performance of the Agreement shall in no way be the <br />obligation or responsibility of THE CHAMBER. THE CITY shall indemnify, hold harmless and <br />