Development Agreements Between Municipalities and Private Parties

Private Funding, Tax, and Infrastructure Issues for Long-Term Development Projects

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, February 23, 2022

Recorded event now available

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Course Materials

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


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 government oversight and monitoring, more accessible funding, 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 explicit agreement should ensure efficient implementation of the parties' goals and protect them against legal challenges that could arise at different points in the project or plan's lifecycle.

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.



  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


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


Armentano, John
John C. Armentano

Farrell Fritz

Mr. Armentano focuses his practice on land use and municipal law and represents clients in both the trial and appellate...  |  Read More

McGowan, Sean
Sean R. McGowan

Greenbaum, Rowe, Smith & Davis

Mr. McGowan focuses his practice in the area of real estate law. His experience encompasses all aspects of development,...  |  Read More

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