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Maple River Water Resource District Cass County
<br />North Dakota Soybean Processors, LLC
<br />Agreement Drain 62 Relocation Page 3
<br />Drain Project are, collectively, the “Projects.” The parties agree the County could more efficiently
<br />construct the Projects and, with that in mind, the County will be responsible for all requisite engineering, design, bidding, contract administration, and construction of the Projects. The County, the District, and NDSP will cooperate regarding the design of the Projects to accommodate construction of NDSP’s soybean processing plant as well as future plant operations,
<br />and to accommodate the efficient operation of the Drain; the District and NDSP will have the
<br />opportunity to review and make comments on the design of the Projects prior to final design approval. The County will not proceed with construction until the District approves the final design of each of the Projects. With regard to the County Road Project and the NDSP Driveway Improvements, the County will acquire all rights of way necessary and will acquire all permits and
<br />approvals necessary to construct the County Road Project and the NDSP Driveway Improvements.
<br /> Following construction of the County Road Project and the NDSP Driveway Improvements, the County will own, operate, maintain, repair and replace such improvements, at the County’s sole cost and expense, subject to, with respect to the NDSP Driveway Improvements only, NDSP’s
<br />right to maintain, repair and replace the NDSP Driveway Improvements, including snow and
<br />debris removal and driveway patching, at NDSP’s cost and expense, in the event the County’s operation, maintenance, repair or replacement of the NDSP Driveway Improvements is unreasonably delayed or withheld, and such delay in or withholding of the performance of the County’s obligations with respect thereto is preventing the normal operation of NDSP’s soybean
<br />processing plant.
<br /> Notwithstanding the County’s ownership of and assumption of full responsibility and obligation to operate, maintain, repair and replace the NDSP Driveway Improvements, the County hereby consents to, and the District will grant to NDSP and its successors and assigns a perpetual easement
<br />to own, operate, utilize, maintain, repair and replace the NDSP Driveway Improvements for the
<br />purposes of ingress to and egress from, and for the benefit of, the NDSP Property, provided NDSP’s use of the NDSP Driveway Improvements and the easement property may not unreasonably interfere with or adversely affect the District’s operation or maintenance and repair of the Drain; as set forth in, and upon recordation of, that certain Access Easement between the
<br />District and NDSP, and which the District and NDSP hereby agree to execute promptly after
<br />completion of the Projects by the County and record in the real property records of Cass County, North Dakota. With regard to the Drain Project, the District will acquire all rights of way necessary, will acquire
<br />all permits and approvals necessary, and, following construction, will own, maintain, and operate
<br />such improvements to the Drain. With respect to all of the Projects, the County shall ensure that its bid specifications and contracts with its engineers, contractors, subcontractors, sub-subcontractors, suppliers, or any other parties to
<br />design, procure, construct, install, perform, or provide any portions of the Projects, inclusive of
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