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.~ <br />c. The City shallcontinue to conduct a <br />public beach operation on Long Lake and <br />be wholly responsible therefor. The. beach <br />operation includes, but is not limited to, - <br />'maintenance of the beach area, provision <br />'of lifeguards, and operation of concession <br />.stands or clubhouse facilities, if any. <br />Any receipts obtained by the City for such <br />.concession stands or clubhouse facilities <br />may be retained by the.City. <br />2. The County shall, at its sole expense, provide the maintenance <br />and operation services not listed in paragraph I above at a base level <br />of services approximately equal ho rovided at other regional~~~t <br />parks for which the County is ` The level of <br />services provided shall be within the discretion of the County and <br />within its limited resources. <br />3. The City agrees to save, defend and hold the County"harmless <br />from all clams, demands, damages, costs or judgments caused by o~ <br />.arising aut of the negligence of the City, .its. officers, agents or <br />employees in tY~e performance of the maintenance and :operation <br />services listed in paragraph 1 above, except that it is understood` <br />and agreed that the limits of such indemnification shall not exceed <br />the limits of the City's applicable liability insurance, and/or <br />• the limits of its capacity to pay such indemnification without the <br />necessity of levying a rate of taxes higher than .the maximum <br />prescribed by law, whichever is greater. <br />4. The officers, employees and agents of the City engaged in <br />performing the maintenance and operation services listed in paragraph <br />1 shall not be construed to be employees or agents of the County." <br />5. The County agrees to save, defend and hold the City harmless <br />from all claims, demands, damages, costs or judgments caused by or <br />arising out of the negligence of the County, its officers, agents <br />or employees in the performance of the maintenance and operation <br />services. listed in paragraph 2 above, except that it is understood <br />and agreed that the limits of such indemnification shall not exceed <br />the limits of the County's applicable liability insurance, and/or <br />the limits of its capacity to pay such indemnification without the <br />necessity of levying a rate of taxes higher than the maximum prescribed <br />by law,. whichever is greater. <br />6. The officers, employees and agents of the County engaged in <br />performing the maintenance and operation services listed in paragraph <br />2 shall not be construed to be employees or agents of .the City. <br />• -2- <br />