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Diversion Authority committee approves easement, water service agreement and formalizes technical dispute review board
Summary
The Diversion Authority Finance Committee recommended four memorandum agreements to the full board, including a temporary construction easement, contractor stockpile access terms, a water user agreement for the authority administrative building, and confirmation of a three-member technical dispute review board.
The Diversion Authority Finance Committee on May 21 recommended four memorandum-of-understanding items to the full Diversion Authority board, approving a temporary construction easement with the Hyten family, an access/hold-harmless agreement for contractor stockpiles, a water service agreement for the authority’s administrative building, and confirmation of a three-member technical dispute review board for future project disputes.
Mr. Shockley told the committee the temporary construction easement with the Hyten family allows authority personnel to access private property to construct Raymond Township mobility improvements and uses the authority’s standard easement form. A separate agreement with demolition contractors updates prior terms to permit contractors to access on-site stockpiles of soil and fill; the agreement requires contractors to hold the authority and Cass County Joint Water Resource District harmless for injuries to contractor personnel while on site and is intended to reduce demolition costs by avoiding the need to purchase off-site fill.
A water user agreement was presented for the authority administrative building planned on the dry side of the southern embankment; the agreement is between the authority and Cass Rural Water Users District. The presenter said the property lies within the service territory of Castro Water, which will provide water service, while sewer will be provided by an on-site septic/drain field because City of Fargo utilities have not extended to that location.
On dispute resolution, the committee was updated on formation of a technical dispute review board following an earlier Attorney General opinion and board resignations. The authority reported the technical panel has three panelists; each panelist, the developer and the authority will enter a three-party agreement governing dispute review. The form of the dispute-review agreement was previously approved in the project agreement and staff told the committee only limited, technical edits would be made before final board approval.
The committee moved, seconded and approved items 7A–7D by roll call and forwarded them to the full Diversion Authority board for final action.
