2. Flood diversion-Joint WRD/Fargo JPA second amendment
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2. Flood diversion-Joint WRD/Fargo JPA second amendment
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Second Amendment to Joint Powers Agreement <br /> City of Fargo <br /> Cass County Joint Water Resource District <br /> County of Cass <br /> Page 4 <br /> 4. Reimbursement. Under the NDJPA and the First Amendment, Fargo and <br /> Cass County agreed to reimburse the Joint Board for costs and fees associated with the <br /> Joint Board's efforts to obtain the requisite rights of entry and right of way regarding the Project. <br /> The parties wish to amend the NDJPA and the First Amendment to utilize and apply the same <br /> reimbursement terms regarding the Joint Board's obligations under this Second Amendment. <br /> More specifically, Fargo and Cass County agree to equally compensate and reimburse the <br /> Joint Board for its reasonable costs and fees associated with, or incurred in, obtaining the <br /> requisite rights of entry and right of way regarding both the Project and the OHB Levee; <br /> developing and creating a special assessment district; and managing and constructing the <br /> OHB Levee. On a monthly basis, the Joint Board will provide Fargo and Cass County <br /> with written notices of the Joint Board's reasonable costs and fees associated with, or <br /> incurred in, performing its obligations under the NDJPA, the First Amendment, and this <br /> Second Amendment, along with copies of all bills and invoices received by the Joint Board. <br /> Fargo and Cass County will each provide 50% payment to the Joint Board for the Joint Board's <br /> reasonable costs and fees within 60 days from the date of each written notice. The parties may <br /> submit statements of all costs, fees, and expenses to the Diversion Authority for review and, in <br /> turn, to the Corps for purposes of establishing the amount of credit, if any, that may be applied <br /> toward the non-federal sponsors' share of project costs. <br /> 5. Term. The parties' obligations under this Second Amendment will commence on <br /> the date the parties execute this Agreement. The parties may only terminate the NDJPA, the <br /> First Amendment, or this Second Amendment upon mutual agreement of all three parties. <br /> Any termination of the NDJPA, the First Amendment, or this Second Amendment will be <br /> without prejudice to any obligations or liabilities of any party already accrued prior to <br /> termination. Unless terminated by mutual agreement of the parties, the NDJPA, the <br /> First Amendment, and this Second Amendment will automatically terminate following <br /> construction of the OHB Levee and the Project and following the requisite reimbursements to the <br /> Joint Board. <br /> 6. Assignment. None of the parties may transfer or assign this Second Amendment, <br /> the NDJPA, the First Amendment, or any rights or obligations under any of the three documents <br /> without the express written consent of the other parties. <br /> 7. Amendments. Any modifications or amendments to the NDJPA, the <br /> First Amendment, or this Second Amendment must be in writing and signed by all parties. <br /> 8. Interpretation. This Second Amendment will be construed as if all three parties <br /> prepared it. <br /> (Signatures appear on the following pages.) <br />
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