2. Road-76th Ave and County 17 JPA with Horace

Joint Powers Agreement City of Horace – Cass County County Highway 17 – 76th Ave South Reconstruction Project Page 3 c) Execute other reasonable documents and agreements as necessary to accomplish the objectives of this Agreement. d) Provide each other with reasonable assistance as necessary or as requested in the performance of the parties’ obligations under this Agreement. e) Mutually agree which party will be responsible for any other obligations regarding the Project not identified in this Agreement. f) The County will pay electricity costs for street lights along County 17 and the proposed roundabout. The City will pay maintenance costs for street lights along County 17 and the proposed roundabout, so long as County 17 is under the authority of the County. 5. Project Access Rights. Portions of the Project are located on property owned by the City and the County. Under this Agreement, the County grants and conveys to the City a non-exclusive license over the County’s right of way for purposes of constructing the roundabout and related improvements at the intersection of County 17 and 76th Avenue on property identified in Exhibit A (the “License Property”). The County will continue to own the License Property; the access rights granted to the City by the County for purposes of the Project under this Agreement constitute a license, revocable by the County for cause and the license does not create for or on behalf of the City any interest or estate of any kind in the License Property, either by virtue of this Agreement or by the City’s entry upon or use of the License Property. The City’s access rights are limited to access, ingress and egress rights upon, over, and across the License Property, including the right to construct the Project. 6. Ownership. The County will continue to own, operate, maintain, and have the authority to reconstruct and improve County 17 until such time as the City reaches a population of five thousand (5,000) residents and the parties reach a written agreement evidencing a transfer in ownership. Upon completion of construction, the County will assume ownership, operation, maintenance, and have the authority to reconstruct and improve the roundabout constructed at the intersection of County 17 and 76th Avenue. Additionally, the County will continue to own, operate, maintain, and have the authority to reconstruct and improve 76th Avenue west of County 17, unless the parties agree to transfer ownership to the City, evidenced in writing with both parties agreeing to the transfer. The City will continue to own, operate, maintain, and have the authority to reconstruct and improve 76th Avenue east of County 17 to the city limits of the City of Fargo. 7. Consultant Costs. Each party will be responsible for paying its own consultants regarding its various obligations under this Agreement as follows: a) The City will pay the costs associated with construction survey consultant work. b) The County will pay the costs associated with material testing consultant work.