Structuring Real Estate Development Agreements With Municipalities

Leveraging Agreements for Long-Term Development Projects and Addressing Land Use and Infrastructure Issues

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

Conducted on Thursday, April 30, 2015

Recorded event now available

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Program Materials

This CLE webinar will offer practical guidance for land use and real estate counsel on structuring and negotiating development agreements with municipalities for property development or redevelopment. The panel will discuss terms to ensure implementation and protect against challenges to the agreement.

Description

Development agreements offer stability to local governments and developers, securing development rights during slow economic growth. Benefits include flexibility for long-term projects, greater vested rights assurances for developers, and management of infrastructure issues.

Development agreements provide for certainty of governing regulations, predictability, easier financing, the facilitation of a municipality’s comprehensive planning goals, and commitments for public facilities and off-site infrastructure.

Counsel negotiating development agreements should include terms to ensure implementation and to protect against challenges such as allegations of illegal contract zoning and spot zoning. Consideration should be given to ways community benefits agreements can enhance or complicate development agreements.

Listen as our authoritative panel of land use and real estate counsel examines the benefits of development agreements and how to structure and negotiate terms for the owner/developer. The panel will offer practical guidance on ways to avoid or handle challenges to the agreements.

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Outline

  1. Value of development agreements
  2. Challenges
    1. Illegal contract zoning
    2. Spot zoning
  3. Statutes providing for agreements
    1. Aim
    2. Limits
  4. Terms to protect against challenges and ensure implementation
  5. Community benefits agreements

Benefits

The panel will review these and other key issues:

  • What terms should be included in development agreements to avoid or respond to potential challenges to the agreements?
  • How can development agreements provide benefits to owners/developers?
  • How can community benefits agreements enhance or complicate development agreements?

Faculty

Alicia Guerra
Alicia Guerra
Shareholder
Buchalter Nemer

Ms. Guerra's practice focuses on local, state and federal land use entitlement, permitting and environmental review...  |  Read More

Reginald A. Long
Reginald A. Long
Partner
Love and Long

Mr. Long focuses his practice on project development, project and corporate finance, banking, secured transactions,...  |  Read More

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