05-14-2015 - Laserfiche WebLink

THIRD AMENDMENT TO JOINT POWERS AGREEMENT THIS THIRD AMENDMENT is made the 1st day of June, 2015, by the city of Fargo, North Dakota, a North Dakota municipal corporation (“Fargo”); the Cass County Joint Water Resource District, a North Dakota political subdivision (the “Joint Board”); and the County of Cass, North Dakota, a political subdivision (“Cass County”) (hereinafter collectively referred to as the “North Dakota Parties”). RECITALS A. The North Dakota Pparties entered into a Joint Powers Agreement dated June 7, 2010 (the “NDJPA”), under which the parties agreed the Joint Board would acquire the requisite rights of entry for a North Dakota diversion project, and would ultimately acquire the temporary and permanent right of way for a North Dakota diversion project; the parties further agreed Fargo and Cass County would reimburse the Joint Board for its costs; attached as Exhibit A is a copy of the NDJPA . B. The parties entered into a FIRST AMENDMENT TO JOINT POWERS AGREEMENT dated August 2, 2010 (the “First Amendment”), under which the parties agreed to expand the scope of the parties’ obligations under the NDJPA to include rights of entry and right of way acquisition for the Project more generally, and not limited to those components necessary solely for a North Dakota diversion alignment; attached as Exhibit B is a copy of the First Amendment. C. The parties entered into a SECOND AMENDMENT TO JOINT POWERS AGREEMENT dated July 7, 2014 (the “Second Amendment”), under which the parties agreed to expand the scope of the parties’ obligations under the NDJPA to address the development of the Oxbow- Hickson-Bakke levee project; attached as Exhibit C is a copy of the Second Amendment. D. The city of Fargo, Cass County and the Joint Board entered into a “Flood Protection Cooperation Agreement” in July 2010 containing, among other things, a cost-sharing arrangement between Cass County and Fargo regarding the Project. Attached as Exhibit D is a copy of said agreement. E. In order to provide a mechanism for approval and/or ratification of expenditures by, agreements of, and other decisions of the Fargo Moorhead Metro Flood Diversion Authority, the North Dakota members of the Diversion Authority wish to further amend the NDJPA for such purpose and to recognize that this mechanism shall also serve as the approval process for the Flood Protection Cooperation Agreement. In consideration of the mutual covenants contained in this Third Amendment, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: