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AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES, THE FARGO-MOORHEAD FLOOD <br />DIVERSION BOARD OF AUTHORITY, THE CITY OF MOORHEAD, AND THE CITY <br />OF FARGO <br /> WHEREAS, on October, 3, 2016, the Minnesota Department of Natural Resources (DNR) issued Findings of Fact, Conclusions and Order denying Dam Safety and Public Waters <br />Work Permit Application 2016-0386 for the Fargo-Moorhead Flood Risk Management Project <br />(Order); <br /> WHEREAS, on October 28, 2016, the Fargo-Moorhead Flood Diversion Board of Authority (Diversion Authority) submitted a written demand for a contested case hearing on Permit Application 2016-0386 under Minn. Stat. § 103G.311, subd. 5; <br />WHEREAS, on January 13, 2017 the DNR was granted interventiion in the matter <br />Richland/Wilkin Joint Powers Authority v. U.S. Army Corps of Engineers et al (Civ. No. 13-2262) <br />currently pending in the Minnesota Federal District Court challenging ongoing activities related to the construction of the Fargo-Moorhead Flood Risk Management Project (the Project); <br /> WHEREAS, City of Moorhead, Minnesota (Moorhead), and the City of Fargo, North <br />Dakota (Fargo), are members of the Diversion Authority and are interested in the Fargo- <br />Moorhead Flood Risk Management Project and in the resolution of the contested case hearing; <br /> WHEREAS, Minnesota Rule of Evidence 408 as adopted by the Minnesota Supreme Court recognizes that it is in the public interest to encourage consensual resolution of disputes <br />and thus provides protection to offers and demands made during settlement discussions as well <br />as to conduct or statements made during the course of settlement negotiations; <br />WHEREAS, Federal Rule of Evidence 408 recognizes that it is in the public interest to encourage consensual resolution of disputes and thus provides protection to offers and demands made during settlement discussions as well as to conduct or statements made during the course of <br />settlement negotiations; <br /> <br /> WHEREAS, the parties to this agreement wish to avoid unnecessary litigation and promote frank and productive settlement discussions; <br /> WHEREAS, meaningful settlement discussions require the disclosure of documents and <br />other information by and among the parties; <br /> WHEREAS, the parties wish to provide appropriate protection for information disclosed <br />to each other during settlement discussions; <br /> NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: <br />1. This agreement applies to “settlement information,” which means any statement, <br />conduct, document, or other information made or disclosed during communications between or <br />among representatives of the DNR, the Diversion Authority, Moorhead, and Fargo (Parties) or <br />any subsequent signatories to this agreement in order to develop and evaluate potential revisions