03c. Agreement with the Cities of Fargo and West Fargo for 52nd Avenue South

- 2 - WHEREAS, the Project Partners agree to split the remaining Project costs, the non- Federal share, according to the terms of this Agreement; and WHEREAS, the Project Partners are interested in working in a cooperative manner to undertake the Project pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Purpose. This Agreement is made pursuant to N.D.C.C. § 54-40-1, which authorizes the joint and cooperative exercise of power common to the contracting parties. The intent of this Agreement is to increase efficiencies with respect to the Project, and to prevent delays with respect to the scheduling of work for the Project. This Agreement does not create a separate political subdivision. 2. Term. The term of this Agreement is for ten (10) years beginning on the Effective Date of this Agreement and ending ten (10) years after the Effective Date (the “Original Term”). Thereafter, this Agreement will automatically be extended by one (1) additional ten (10) year term, unless either party gives written notice to the other party a minimum of ninety (90) days prior to the expiration of the Original Term. The parties by mutual agreement may terminate this Agreement at any time or extend this Agreement for additional terms. 3. Process. The City of Fargo will work cooperatively with the City of West Fargo and Cass County to refine the recommended alternative for construction during environmental documentation phase and prior to completion of design plans. The City of Fargo will be the lead agency for the Project. 4. Procedures. Fargo will undertake the Project pursuant to and in accordance with Chapter 40-22 of the North Dakota Century Code. Fargo will be responsible for inspection, review and observation of work performed on the Project. 5. Transfer of Ownership and Maintenance Responsibility. The City of West Fargo will assume ownership of Cass County Highway 6 from the intersection with County Rd 17 (Sheyenne Street), east to the centerline of the Sheyenne River, and the City of Fargo will assume ownership of Cass County Highway 6 from the centerline of the Sheyenne River east to Interstate 29. The transfer of all ownership, liability and maintenance responsibility will occur upon the substantial completion of the Project. All future maintenance and costs for the intersection of Sheyenne St S and 52nd Ave S will be split with 75% to the City of West Fargo and 25% to Cass County. The east-west section line between Sections 32 and 5 and Sections 31 and 6 serve as the line of responsibility for maintenance work on the roundabout. As per Cass County’s agreement (see attached agreement, Exhibit A) with the City of Horace signed on March 1st, 2021, when County Rd 17 is transferred to the City of Horace, the City of Horace will assume all maintenance responsibilities for County Rd 17.