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

First Amendment to Joint Powers Agreement City of Fargo Cass County Joint Water Resource District County of Cass Page 2 Board would acquire the requisite real property rights, including entry and access rights, for purposes of the Project. E. The members of the Diversion Authority granted the Diversion Authority the power to delegate certain tasks to its members for purposes of the Project, and the Diversion Authority recently approved a plan for the Joint Board to develop a special assessment district for purposes of financing a portion of the local share of the Project,if necessary. F. Fargo, Cass County, and the Joint Board wish to amend the JPA to identify the Joint Board's obligation to develop a special assessment district for purposes of financing a portion of the Project, if necessary, subject to the terms and conditions contained in this First Amendment. In consideration of the mutual covenants contained in this First Amendment, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: AGREEMENT 1. Interpretation. This First Amendment modifies and supplements the JPA. Wherever a conflict exists between this First Amendment and the JPA, the provisions of this First Amendment will control. Except as modified and supplemented in this First Amendment, the JPA is in full force and effect. 2. Assessment Obligations. In addition to the Joint Board's obligations under the JPA,the Joint Board will be responsible for developing and creating an assessment district in accordance with Chapter 61-16.1 of the North Dakota Century Code for purposes of financing a