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In a letter to Mr. Burdick dated August 5th KNB Properties legal counsel described the virtues of the business operating out of the property in question. That letter included the following statement, “despite these positives, KNB finds itself subject to increasingly intensified actions and threats by Cass County.” The Commission was briefed on the status of this issue on August 17th. <br />On August 31st, the Cass County State’s Attorney, Administrator and Engineer meet with Highway Portfolio Commission Duane Breitling about appropriate litigation steps to resolve the matter. Commissioner Breitling recommended <br />engaging legal counsel from the North Dakota Insurance Reserve Fund (NDIRF). If the dispute resulted in litigation NDIRF would be involved, and the County would be well served to receive their input prior to initiating action. <br /> NDIRF-appointed attorney Mr. Dan Gaustad reviewed the history of the dispute and provided feedback to Mr. Burdick on October 27, 2020. Including Mr. Gaustad <br />in this effort extended the length of an already lengthy process. It also contributed greatly to pursuing the County’s interests. Mr. Gaustad’s feedback included additional clarifications and documentation requested of the County Highway Department. Mr. Benson provided the requested information in a letter dated December 9, 2020. Having received Mr. Gaustad’s input, Mr. Burdick again reached out by letter to KNB Properties legal counsel on January 29, 2021 indicating the business had <br />until March 3rd to remedy the approach. This letter indicated that if KNB Properties failed to remedy the violations, the County would take corrective action. KNB Properties legal counsel responded in writing on February 4, 2021 with a letter that opened with the line, “it is unfortunate we are having ultimatums handed out by the <br />Cass County.” That is a creative interpretation of the hundreds of hours of staff time Mr. Burdick and Mr. Benson’s offices have devoted to reaching a mutually <br />agreeable resolution to this matter. Nevertheless, the February 4th letter spurred a flurry of recent meetings and exchanges of drafts resulting in an agreement, expected to be signed by representatives of KNB Properties. The agreement remedies the ordinance violations to Cass County’s satisfaction, under Cass County’s supervision and at <br />KNB Properties expense. A natural question is why did we not hold this matter until the next regular meeting on April 5th. Cass County intends to complete this project in 2021. Since it is nearly April, time is getting short and saving a week-and-a half will be significant to bidding and completing this project on schedule. A copy of the agreement is attached for your review. At your request I can also provide any of the referenced documents. <br />Suggested Motion: Move to authorize the Chair to sign the agreement <br />between Cass County and KNB Properties, LLC for reconstruction of a portion of County Highway 16.