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OPERATION AND MAINTENANCE AGREEMENT <br /> THIS AGREEMENT is made this day of , 2014, by the <br /> County of Cass, a North Dakota political subdivision (the "County"); and the North Cass Water <br /> Resource District, a North Dakota political subdivision(the "District"). <br /> RECITALS <br /> A. The Natural Resources Conservation Service ("NRCS"), or its predecessor, <br /> previously constructed a "critical area treatment" improvement projects in the Northeast Quarter <br /> of Section 14 in Wiser Township, Cass County, North Dakota, designated by NRCS as Critical <br /> Area Treatment Site 31C (the "Site 31C"); a map of Site 31C is attached to this Agreement as <br /> Exhibit A. <br /> B. NRCS constructed the improvements to Site 31C under its Resource Conservation <br /> and Development Program (the "RC&D Program"); in accordance with the RC&D Program, a <br /> local entity must operate and maintain Site 31C and, prior to this Agreement, the District has <br /> maintained Site 31C <br /> C. Site 31C is within the County's Highway 31 right of way and the County is <br /> willing to take over ownership, operation, and maintenance of Site 31C, subject to the terms of <br /> this Agreement. <br /> D. Under N.D. Cent. Code § 54-40.3-01, the County and the District have authority to <br /> enter into a joint powers agreement to provide for the cooperative or joint administration of a <br /> project, and the County and the District wish to enter into this Agreement to provide the duties <br /> and obligations of each party regarding Site 31C, including operation and maintenance of <br /> Site 31C. <br />