Laserfiche WebLink
on any and all golf holes. Upon identification of the lowest and best bid for said construction, <br />subject to the approval of the project managing consultant for the Diversion Project [currently, <br />CH2M Hill engineering firm], Oxbow CC may enter into said construction contract and the <br />Diversion Authority will advance funds necessary to fulfill Oxbow CC’s payment obligations under said construction contract. The Diversion Authority intends that the sequence of <br />construction will staged so that construction of the new golf course holes, modification of <br />existing golf holes that will remain within the protected area, and construction of the new <br />clubhouse, practice area, events area, swimming pool and parking lot shall be complete prior to <br />the removal of the existing Oxbow CC buildings and land for purposes of building the O-B-H Levee. <br /> <br /> 4. The parties recognize and agree that this is to be an interim agreement—an <br />agreement that will be replaced or amended by a more comprehensive agreement, yet to be <br />negotiated, agreed and executed, that will address the acquisition of real property and improvements from Oxbow CC and any relocation assistance as required by law as is set forth <br />under paragraph 1., above. <br /> <br /> 5. The Diversion Authority recognizes and agrees that it will advance the funds as <br />set forth under paragraphs 2 and 3 herein at its own risk and without prejudice to the interests of Oxbow CC as a property owner. Should the parties be unable to enter into such agreement or <br />agreements for the acquisition of real property and improvements; the providing to Oxbow CC of <br />relocation assistance as may be required by law (such as assistance allowing Oxbow CC funds <br />for the relocation and reconstruction of a replacement clubhouse and related facilities); and any <br />other funds or benefits as may be required by law and in the event, therefore, that such matters, or any of them, be decided by a court of law, then to the extent such court awards damages in <br />favor of Oxbow CC for the value of such items, then the funds advanced by the Diversion <br />Authority pursuant to this Interim Agreement shall not be offset against the damages awarded to <br />the Oxbow CC. <br /> Dated effective the date and year last executed by the parties below. <br /> <br /> <br /> METRO FLOOD DIVERSION BOARD <br /> OF AUTHORITY <br /> <br />DATED: ________________ By: ________________________________________ <br /> Darrell Vanyo, Chairman <br /> <br /> OXBOW GOLF AND COUNTRY CLUB, a <br /> North Dakota nonprofit corporation <br /> <br /> DATED: ________________ By: ________________________________________ <br /> Chris Holland, its President <br />4