Development Agreements Between Municipalities and Private Parties

Attracting Private Funding for Long-Term Development Projects; Addressing Land Use, Tax, and Infrastructure Issues

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, January 13, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will offer guidance to private and local government attorneys negotiating development agreements. The panel will discuss and offer examples of key terms to ensure effective implementation and protect against challenges to the agreements.

Description

Development agreements offer innovative solutions to local governments and private developers. Public-private development agreements provide various benefits to both parties, including flexibility for long-term projects, innovative funding and financing solutions for developers, and management of infrastructure, taxes, and other issues. Development agreements also provide certainty on government oversight and monitoring, more accessible financing, facilitation of a municipality's comprehensive planning goals, and commitments for public facilities and off-site infrastructure.

Counsel negotiating development agreements must understand what terms will optimize the benefits and reduce the risks of public-private endeavors. A carefully thought-through and clear agreement should ensure efficient implementation of the parties' goals and protect them against legal challenges that could arise at different points in the lifecycle of the project or plan.

Listen as our authoritative panel examines the benefits of development agreements and offers practical guidance on provisions and approaches to avoid or handle challenges to the agreements.

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Outline

  1. Considerations for the public sector
    1. Legal issues
    2. Structuring and drafting the agreement
    3. Processing and approval
    4. Monitoring over time
    5. Clawback
    6. Open meetings and trade secret information
  2. Considerations for the private sector
    1. Value for developer/business
    2. Types of agreements
    3. Potential challenges
    4. Revenue sharing
    5. Parking and infrastructure

Benefits

The panel will review these and other topical issues:

  • How development agreements provide benefits to local government and developers
  • Issues to address in development agreements
  • How development agreements can be structured and monitored over time
  • The best ways to draft important provisions

Faculty

Curley, William
William P. Curley, III

Partner
Harper & Burns

Mr. Curley's thirty-five (35) year practice has focued on representing public agencies with a focus on...  |  Read More

Jeffery, Heidi
Heidi H. Jeffery

Partner
Foley & Lardner

Ms. Jeffery has experience in general municipal, private activity bond, housing, student loan, health care, and senior...  |  Read More

Mecklenborg, Robert
Robert P. Mecklenborg, Jr.

Attorney
Foster Garvey

Mr. Mecklenborg is a corporate attorney based in the firm's Portland, Oregon office. His practice is focused on a...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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