Stipulated Facts. At all material times, the following stipulated facts were relevant to these matters:1 ▇. ▇▇▇▇▇▇ has served as a City Councilmember for the City of Mesquite since 2011. He is a public officer as defined in NRS 281A.160. b. The City of Mesquite is a political subdivision as defined in NRS 281A.145. c. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Esq. is a lawyer licensed in Nevada and is the City Attorney for Mesquite. ▇. ▇▇▇▇▇▇ is a licensed real estate agent in Nevada. e. On October 20, 2011, ▇▇▇▇▇▇ entered into an Independent Contractor Agreement with Premier Properties of Mesquite Nevada, LLC (“Premier Properties”). f. Pursuant to his Agreement with Premier Properties, ▇▇▇▇▇▇ receives no salary but is entitled to 80% of the commission collected by Premier Properties from real estate sales transactions closed by ▇▇▇▇▇▇. ▇▇▇▇▇▇ does not receive any commission or other compensation for transactions made by the other real estate agents of Premier Properties. g. Pursuant to an agreement between Premier Properties and Legacy Homes, ▇▇▇▇▇▇ works full-time as a sales representative selling new homes at three Legacy Homes (“Legacy”) developments in Mesquite. He is the sole real estate sales agent for Legacy in Mesquite. ▇. ▇▇▇▇▇▇ is permitted to list homes as a Premier Properties agent, and he has done so approximately 5 times since 2011 for Legacy homeowners who were listing their homes for resale. ▇. ▇▇▇▇▇▇ works out of a sales office located in a Legacy model home, utilizing office supplies provided by Legacy and an assistant who is employed by Legacy. ▇. ▇▇▇▇▇▇’▇ listings of new Legacy properties appear on the Premier Properties website, where he is identified as one of twenty agents of Premier Properties. 1 Stipulated Facts do not constitute part of the “Investigative File” as that term is defined by NRS 281A.440(17). All statutory and common law protections afforded to the Investigative File shall remain and are not affected by this Stipulated Agreement. k. At the City Council’s April 14, 2015 meeting, the Council approved a resolution finding that it was in the best interests of the City to sell certain city-owned real property consisting of approximately 104 acres in the Mesquite Technology and Commerce Center (hereafter “MTCC Property”). l. Three entities approached the City to express interest in purchasing the MTCC Property: 1) 333 Eagles Landing, LLC (“Eagles Landing”); 2) Mesquite Exit 118 Group, LLC; and 3) Mr. Hae Un ▇▇▇.
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Sources: Stipulated Agreement, Stipulated Agreement