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<br />729Y, 730Y, and 1166Y regarding the Metro Flood Diversion Project. This amendment
<br />changes the legal description of OIN 724 to exclude the land under the SBA cell tower
<br />site, allows the Water Resource District to enter into the Partial Release of Easement
<br />Agreement to exclude the portion of OIN 724 being conveyed to the Coster Trust (leaving
<br />intact the easement with respect to the land being retained by the Water Resource
<br />District); and changes the closing date to on or before June 28, 2024. Mr. Andrud
<br />recommended the Board approve the amendment.
<br />
<br />Manager Weston moved to approve and authorize the Chairman to sign the Third
<br />Amendment to Exchange and Purchase Agreement with the Charles F. Coster Real
<br />Estate Trust regarding OINs 720Y, 724Y, 726Y, 728Y, 729Y, 730Y, and 1166Y regarding
<br />the Metro Flood Diversion Project. Manager Gust seconded the motion. Upon roll call
<br />vote, the motion carried unanimously.
<br />
<br />Metro Flood Diversion Project – Executive Session for purposes of discussing
<br />contract negotiation strategies, litigation strategies, and attorney consultation
<br />regarding ongoing litigation, reasonably predictable litigation and ongoing
<br />contract negotiations related to right of way and property acquisitions necessary
<br />to accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent.
<br />Code §§ 44-04-19.1(2), (5), and (9), regarding the following matters and parties:
<br />It was moved by Manager Gust and seconded by Manager Steen to close the meeting at
<br />8:20 a.m. for the purposes of discussing contract negotiation strategies, litigation
<br />strategies and attorney consultation regarding ongoing litigation, reasonably predictable
<br />litigation and ongoing contract negotiations related to right of way and property
<br />acquisitions necessary to accommodate the Metro Flood Diversion Project, in accordance
<br />with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9) regarding the following parties and
<br />matters:
<br />1. Cass County Joint Water Resource District v. KLF, LLP, Civ. No. 09-2023-CV-
<br />01123 (OIN 9347);
<br />2. Cass County Joint Water Resource District v. JRD Campbell Family
<br />Investments, LLP, Civ. No. 09-2023-CV-00550 (OIN 9404); and
<br />3. George J. Richard, Sharon A. Richard, Leo Richard, and Shirley Richard (OIN
<br />1914).
<br />Upon roll call vote, the following Managers voted in favor: Olson, Weston, Gust and Steen.
<br />Manager Lougheed was absent from the vote. The motion carried unanimously.
<br />
<br />The executive session was attended by Managers Olson, Weston, Gust, and Steen,
<br />Melissa Hinkemeyer, Leilei Bao, Carolyn Fiechtner, Sean Fredricks, Luke Andrud, Rob
<br />Stefonowicz, Jodi Smith, Madeline Daudt, Eric Dodds, Dean Vetter, Sabrina Tusa, Duane
<br />Breitling, Ken Helvey, Katie Laidley, Oly Olafson, and Wade Whitworth.
<br />
<br />The executive session adjourned at 9:33 a.m. and the regular meeting was reconvened
<br />and opened to the public.
<br />
<br />Chairman Olson asked if any members of the Board wished to offer any motions regarding
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