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Maple River Water Resource District Cass County
<br />North Dakota Soybean Processors, LLC
<br />Agreement Drain 62 Relocation Page 2
<br />responsibility and jurisdiction of that portion of 36th Street in Section 4 of Everest Township and
<br />Sections 33 and 34 of Casselton Township beginning at Cass County Road Hwy 23 to a point 1100’ feet east of 154th Avenue SE (the “County Road”), which will include taking over responsibility and jurisdiction of NDSP’s Utilities.
<br />F. In addition, NDSP has requested the District’s permission to install, construct,
<br />maintain, repair and replace (as necessary) certain permanent driveway improvements (the “NDSP Driveway Improvements”) for ingress and egress purposes on, over, and across a portion of the Drain and the District Property to accommodate NDSP’s access to and from the County Road for the benefit of the NDSP Property, which NDSP Driveway Improvements are depicted in the map
<br />attached as Exhibit D.
<br /> G. The District, the County, and NDSP wish to enter into this Agreement to identify the parties’ various rights and obligations regarding the improvements to the County Road, NDSP’s Utilities, modifications to the Drain, and the NDSP Driveway Improvements, to
<br />accommodate the construction of NDSP’s soybean processing plant as well as future plant
<br />operations, subject to the terms and conditions contained in this Agreement. In consideration of the parties’ mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the
<br />parties agree as follows:
<br /> AGREEMENT 1. The Projects. In connection with taking over responsibility and jurisdiction of the
<br />County Road, the County agrees that (i) the County will design, engineer, install and construct the
<br />improvements to the County Road, as depicted in the map attached as Exhibit E (the “County Road Project”), and the NDSP Driveway Improvements, to accommodate NDSP’s access to and from the County Road for the benefit of the NDSP Property; and (ii) the County will pay for up to $3,000,000 of the design, engineering, installation, construction and other costs associated with
<br />the Projects (as such term is defined below) through County, State and/or federal funding or grant
<br />monies. NDSP will reimburse the County for all design, engineering, installation and construction costs associated with the Projects in excess of $3,000,000, as further provided in Section 4 of this Agreement. For the avoidance of doubt, all costs and expenses associated with the ownership, operation, maintenance and repair, or replacement of the road improvements, the NDSP Driveway
<br />Improvements or the modification and partial relocation of the Drain following construction of the
<br />Projects are excluded from NDSP’s reimbursement obligations under Section 4 and are not subject to reimbursement by NDSP. The installation, construction, operation, and maintenance and repair of both the County Road Project and the NDSP Driveway Improvements will also require certain modifications and a partial relocation of the Drain, as depicted in the map attached as Exhibit F
<br />(the “Drain Project”). The County Road Project, the NDSP Driveway Improvements, and the
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