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BOBBER WATER TOWER <br /> MAINTENANCE AGREEMENT <br /> This Agreement is made this a 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 /> 1 <br />