A development agreement must require:

Terms Used In North Dakota Code 48-02.1-09

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

1.    That the plans and specifications for the fee-based facility satisfy the public authority’s standards of construction for infrastructure of the same functional classification; 2.    For fee-based facilities to be incorporated into the existing infrastructure, that any applicable department or authority review and approve the facility to the same extent as it would for a similar publicly constructed facility; 3.    That, after public notice, the private operator manage and operate a fee-based facility in cooperation with the applicable public authority and subject to any bylaws that the public authority and the private operator may from time to time mutually agree upon; 4.    That the fee-based facility be subject to regular safety inspections by the applicable public authority; 5.    That the anticipated fees, rental income, and revenues from the operation of the facility, or other sources of funding, or any combination thereof, be sufficient to pay the     maintenance and operation costs for the facility, and principal of and interest on any evidence of indebtedness to finance the facility; and

6.    Any other provisions negotiated by the parties.