4. Road-request from Fargo Jet Center to land plane

CASSCOUN1Y GOVERNMENT -'- State's Attorney Birch P. Burdick Assistant State's Attorneys: Mark R. Boening Tracy J. Peters Leah J. Viste Reid A. Brady Kara Schmitz Olson Gary E. Euren Gary L. Delorme Kimberlee J. Hegvik Cherie L. Clark Tristan J. Van de Streek Victim/Witness Coordinators: Brenda Olson-Wray Debbie Tibiatowski Check Division/ Restitution: Linda Workin Charlotte Eversvik Box 2806 211 Ninth Street South Fargo, North Dakota 58108 PH: 701-241-5850 Fax: 701-241-5838 MEMORANDUM RECEIVED tAUG 29 20011 TO: Bonnie Johnson Cass County Adminstrator CASS COUNTY COMMISSION FROM: Birch P. Burdick Cass County State's Attorney DATE: August29,2007 RE: Fargo Jet Center/Fargo Flight School - WestFest Request ********************* I have reviewed the referenced request (copy attached) which you forwarded to me. They have requested to land a training plane on a road (15th Street West, WFgo) as part of their participation in the West Fest Parade in mid-September. I understand from other correspondence that the road is a county road. The Auditor coordinated the request with NDIRF for feedback on whether any damages or liability resulting from such an action would be covered under our insurance. I understand NDRIF's response to be that it would be excluded from any coverage. Under those circumstances I offer the following additional comments: . The request to land the plane appears to be solely a commercial gimmick to advertise a local business - namely the Jet Center/Fargo Flight School. I appreciate that the Jet Center serves a purpose in our community. However, it seems to me that our streets are intended for cars and bikes, not planes. The request seems to pose an unnecessary risk to property and/or people. The Jet Center/Flight School could certainly find a different way to advertise itself, and otherwise productively participate in West Fest, without "barnstorming". According to NDIRF, our insurance carrier would not cover claims stemming from the landing. So, in order to make it work with a measure of legal risk protection for the County, we would need to modify whatever insurance policies the Jet Center/Fargo Flight School have, and anything the pilot may separately have, to include indemnities, waivers, etc. If the Commission requests that I do so, then I will work with the Jet Center/Flight School to review their policies, together with anything the pilot might have, and seek to add appropriate indemnities, subrogation language, etc to provide protection to the County. .