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 video webinar with Q&A


Conducted on Thursday, May 6, 2021

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide practical guidance for land use and real estate counsel to structure and negotiate development agreements with municipalities for property development or redevelopment. The panel will discuss terms to ensure implementation and protect against challenges to the deal.

Description

Development agreements offer stability to local governments and developers, securing development rights during slow economic growth. Benefits include flexibility for long-term multi-phased development projects, greater vested rights assurances for developers, incentives to address gap financing issues, and infrastructure management and other developer obligations.

Development agreements provide for the certainty of governing regulations, predictability, more accessible financing, facilitating 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 protect against claims, including allegations of illegal contract zoning and violations of constitutional nexus limitations. The panel will address ways to incorporate community benefits into development agreements to optimize the likelihood of approval on the one hand while minimizing unlimited development costs that can compromise project feasibility and 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 arrangements.

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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 arrangements?
  • Financial or other agreements to address incentives
  • How can development agreements provide benefits to owners/developers?
  • How can community benefits agreements enhance or complicate development agreements?

Faculty

Barshov, Steven
Steven Barshov

Principal
Sive Paget & Riesel

Mr. Barshov’s areas of specialization include land use law, environmental law, local government law, real estate,...  |  Read More

Goldsmith, Robert
Robert S. Goldsmith

Partner; Chair, Redevelopment and Land Use Department
Greenbaum Rowe Smith & Davis

Mr. Goldsmith's practice focuses on redevelopment, downtown and urban revitalization, transit-oriented development,...  |  Read More

Long, Reginald
Reginald A. Long

Co-Managing Partner
Love and Long

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

Access Anytime, Anywhere

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

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