Upon application of any person having a legal or equitable interest in land, the city may enter into an agreement with that person concerning the development of that land.

Applications shall include payment of a filing fee in an amount established by a schedule adopted by resolution of the city council and filed in the office of the city clerk. (Ord. 221, 12-13-2006)

   (A)   At a minimum agreements concerning the development of land shall include the following:

      1.   A description of the land which is the subject of the agreement.

      2.   The duration of the agreement.

      3.   The permitted uses of the land.

      4.   The density or intensity of use of the land.

      5.   The maximum height and size of proposed buildings.

      6.   Any provisions for the dedication of any portion of the land for public use.

      7.   Provide for a period of time within which construction must commence and provide for an extension of that deadline. (Ord. 221, 12-13-2006)

The following commitments and safeguards shall apply to any agreement concerning the development of land:

   (A)   Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

   (B)   Entering into an agreement concerning the development of land does not prohibit the city from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made. However, any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution, or regulation in effect at the time of that denial or approval.

   (C)   An agreement may include provisions which supersede limitations on time for action on tentative or final maps or for presentation and recordation of a final map or series of final maps. (Ord. 221, 12-13-2006)

   (A)   Consideration of an agreement concerning the development of land by the planning commission:

      1.   The planning commission shall set a date for public hearing of the application to enter into an agreement concerning the development of land. Such public hearing shall be held after a public notice of time, date and place of such hearing has been given in accordance with any requirements of Nevada Revised Statutes. Such notice shall include a legal description of the land which is the subject of the agreement, a statement of existing zoning and current use of the property, and a general description of the proposed content of the agreement.

      2.   Within forty (40) days after the conclusion of the public hearing, the planning commission shall file a written report containing the commission's recommendation to the city council which shall include a finding of conformance or nonconformance with the general plan.

      3.   Upon receipt of the planning commission's recommendation to the city council, the city council shall set a date for public hearing of the matter concerning the agreement for the consideration of the city council subject to the same notice requirements contained within this section.

      4.   At the conclusion of the public hearing, or within thirty (30) days thereafter, the city council may, if it finds that the provisions of the agreement are consistent with the general plan, approve the agreement by ordinance.

      5.   Within a reasonable time after approval of the agreement, the city clerk shall cause the original agreement and a certified copy of the local ordinance adopting the agreement to be filed with the county recorder for recording. Upon recordation the agreement binds all parties and their successors in interest for the duration of the agreement. (Ord. 221, 12-13-2006)

   (A)   The agreement for development of land may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms of conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.

   (B)   Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the amendment must be filed for recording with the county recorder. (Ord. 221, 12-13-2006)

A certain development agreement between the city of Carlin, Nevada, and Carlin Crossing, LLC, a Nevada limited liability company executed by the parties on June 25, 2014, is hereby approved by the Carlin city council. (Ord. 240, 6-25-2014, eff. 7-3-2014)

The city council finds that the development agreement is consistent with the city master plan. (Ord. 240, 6-25-2014, eff. 7-3-2014)

Within a reasonable time after the effective date hereof, the clerk of the city of Carlin shall cause the original development agreement to be recorded with the Elko County recorder. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement. (Ord. 240, 6-25-2014, eff. 7-3-2014)

   (A)   The development agreement between the city of Carlin and Carlin Crossing, LLC, may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms of conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.

   (B)   Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. (Ord. 240, 6-25-2014, eff. 7-3-2014)

A certain Development Agreement between the City of Carlin, Nevada and Khoury Leasing, LLC, a Nevada limited liability company ("Development Agreement") executed by the parties on September 26, 2018 is hereby approved by the Carlin City Council. (Ord. 245, 9-26-2018, eff. 10-4-2018)

The City Council finds that the Development Agreement is consistent with the City Master Plan. (Ord. 245, 9-26-2018, eff. 10-4-2018)

Within a reasonable time after the effective date of this article, the Clerk of the City of Carlin shall cause the original Development Agreement to be recorded with the Elko County Recorder. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement. (Ord. 245, 9-26-2018, eff. 10-4-2018)

   (A)   The Development Agreement between the City of Carlin and Khoury Leasing, LLC, may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the Governing Body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms of conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.

   (B)   Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The Governing Body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. (Ord. 245, 9-26-2018, eff. 10-4-2018)

A certain Development Agreement between the City of Carlin, Nevada and Nevada Gold Mines LLC, a Delaware limited liability company ("Development Agreement") executed by the parties on __________, 2022 is hereby approved by the Carlin City Council. (Ord. 254, 12-15-2022)

The City Council finds that the Development Agreement is consistent with the City Master Plan. (Ord. 254, 12-15-2022)

Within a reasonable time after the effective date of this ordinance, the clerk of the City of Carlin shall cause the original Development Agreement to be recorded with the Elko County Recorder. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement. (Ord. 254, 12-15-2022)

   A.   The Development Agreement between the City of Carlin and Nevada Gold Mines LLC, may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every 24 months, that the terms of conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.

   B.   Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. (Ord. 254, 12-15-2022)