2. Flood diversion-Joint WRD/Fargo JPA second amendment

FIRST AMENDMENT TO JOINT POWERS AGREEMENT THIS FIRST AMENDMENT is made this 29th day of January, 2013, by the City of Y rY Y tY Fargo, North Dakota, a North Dakota municipal corporation.("Fargo"); the Cass County Joint Water Resource District, a North Dakota political subdivision (the "Joint Board"); and the County of Cass,North Dakota, a political subdivision("Cass County"). RECITALS A. Fargo, the Joint Board, and Cass County previously entered into a Joint Powers Agreement dated June 7, 2010 (the "JPA"), under which the parties agreed to perform certain obligations regarding the FARGO-MOORHEAD METROPOLITAN FEASIBILITY STUDY; attached as Exhibit A is a copy of the JPA. B. The FARGO-MOORHEAD METROPOLITAN FEASIBILITY STUDY has advanced beyond the study phase and the parties now commonly refer to the proposed project as the "FARGO-MOORHEAD AREA DIVERSION PROJECT" (the"Project"). C. Fargo, Cass County, and the Joint Board are three of the six members of the Diversion Board of Authority ("Diversion Authority"), previously known as the Metro Flood Study Work Group. The members of the Diversion Authority previously entered into a LIMITED JOINT POWERS AGREEMENT and subsequently entered into a FIRST AMENDMENT to the LIMITED JOINT POWERS AGREEMENT; those Agreements identify the obligations, duties, and tasks of the various members of the Diversion Authority, as well as the powers and authorities of the Diversion Authority itself,regarding the Project. D. Under the JPA, Fargo, Cass County, and the Joint Board agreed that, in light of the Joint Board's unique authority to develop flood protection projects, including its right to acquire real property through eminent domain for purposes of flood protection projects, the Joint