08-28-2014
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08-28-2014
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INTERIM AGREEMENT <br />Oxbow Golf and Country Club/Diversion Authority <br /> <br /> THIS AGREEMENT is made and entered into this August of 2014 by and between the <br />METRO FLOOD DIVERSION BOARD OF AUTHORITY, a joint powers entity established <br />by the 2011 Limited Joint Powers Agreement, as amended, between Clay County, Minnesota, <br />Moorhead, Minnesota, Cass County, North Dakota, Fargo, North Dakota, Cass County Joint Water Resource District and the Buffalo-Red River Watershed District [hereinafter referred to as <br />the “Diversion Authority”] and OXBOW GOLF AND COUNTRY CLUB, a North Dakota <br />nonprofit corporation, of Oxbow, North Dakota [hereinafter referred to as “Oxbow CC”]. <br /> <br /> WHEREAS, a flood risk reduction levee surrounding the communities of Oxbow, Hickson and Bakke has been designed and is being constructed [the “OHB Levee Project”]; and, <br /> <br /> WHEREAS, construction of the proposed levee will cross through the existing golf <br />course of the Oxbow CC which would: <br /> require the destruction of golf holes; <br /> <br /> require the destruction or removal of the clubhouse and related facilities, as well as <br />the loss of landscaping, mature trees, and certain views and vistas that are unique <br />features of the golf course; <br /> <br /> leave certain holes (presumably the existing holes 1 through 6 and 18) on the existing <br />golf course unprotected by the O-H-B Levee; <br /> <br /> cause other remaining golf holes to need some level of modification as a result of the <br />O-H-B Levee project; <br /> <br /> require the replacement of the club house facility including the practice area, events <br />area, pool, parking lots, and other like kind amenities, which shall be built to all <br />applicable federal, state, and local building codes; <br /> <br /> require funds to reimburse or compensate Oxbow G&CC for the losses recognized by <br />the federal business acquisition process for interruption of business such as <br />interruption during the construction phase of the project. <br /> <br /> WHEREAS, the Diversion Authority has entered into a Memorandum of Understanding <br />with the City of Oxbow regarding the O-H-B Levee (Oxbow MOU), to which the Oxbow CC was not a party, but which sets forth terms involving the Oxbow CC property, improvements, <br />and buildings. <br /> <br />1
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