N.D. Cent. Code § 48-02.1-04: Contents of development agreements

A development agreement for a fee-based facility entered into pursuant to this chapter may provide for private ownership of the facility without reversion of title; for operating the facility under lease or management contract; for build, operate, and transfer facilities or build, transfer, and operate facilities; or any other form of ownership or operation considered advisable by the public authority. A development agreement may permit the private operator to:

1.Assemble funds from any available source, including federal, state, and local grants, bond revenues, contributions, and pledges; and

2.Incorporate related improvements into the fee-based facility, subject to requirements of state and federal law. A development agreement may also include grants of title, easements, rights of way, and leasehold estates that are necessary to the fee-based facility. In addition, a development agreement may authorize the private operator to charge variable-rate fees based on time of day, characteristics of services, or other factors and measurement methods considered significant by the public authority for the particular facility.