05. Memorandum of Understanding for 36th Street

AGREEMENT THIS AGREEMENT is made as of __________________, 2023, by and among the Maple River Water Resource District, a North Dakota political subdivision (the “District”) with a post office address of 1201 Main Avenue West, West Fargo, North Dakota 58078-1301; the County of Cass, North Dakota, a North Dakota political subdivision (the “County”) with a post office address of 211 - 9th Street South, Fargo, North Dakota 58103; and North Dakota Soybean Processors, LLC, a Delaware limited liability company, with a post office address of 2701 Bluff Road, Mount Vernon, Indiana 47620-8521 (“NDSP”). RECITALS A. The District owns, operates, and maintains the CASSELTON TOWNSHIP IMPROVEMENT DISTRICT NO. 62 PROJECT (the “Drain”), a legal assessment drain, depicted as Drain 62 in the map of the projects contemplated under this Agreement attached as Exhibit A (the “District Property”). B. NDSP is in the process of developing a soybean processing plant in Section 34 of Casselton Township, Cass County, North Dakota, adjacent to portions of the Drain and the District Property, on the real property legally described on Exhibit B (the “NDSP Property”). C. Access to and from the NDSP Property will require road improvements to portions of 36th Street in Sections 33 and 34 of Casselton Township and in Section 4 of Everest Township to accommodate construction of NDSP’s soybean processing plant as well as future plant operations; 36th Street is adjacent to the Drain. D. The road improvements to 36th Street required removal and replacement of existing intercept culverts and installation of three 24” RCPs and a single 58” x 36” RCPA (“NDSP’s Utilities”), on the District’s Drain right of way, as depicted on the plans attached as Exhibit C; the road improvements will also require modifications to the Drain. E. In coordination with the Board of Township Supervisors of Casselton Township and the Board of Township Supervisors of Everest Township, the County is taking over