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
This CLE course 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.
Outline
- Value of development agreements
- Challenges
- Illegal contract zoning
- Spot zoning
- Statutes providing for agreements
- Aim
- Limits
- Terms to protect against challenges and ensure implementation
- Community benefits agreements
- Alternatives to statutory development 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

Alicia Guerra
Shareholder
Buchalter
Ms. Guerra's practice focuses on local, state and federal land use entitlement, permitting and environmental review... | Read More
Ms. Guerra's practice focuses on local, state and federal land use entitlement, permitting and environmental review for a broad sector of private industry, developers and public agencies. Her practice often involves complex and controversial projects at all levels of the administrative process including due diligence, land use entitlements, water resources, environmental compliance, and wetlands natural resources.
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Rebecca A. Lee
Member; Chair, Real Estate Development Practice
Mintz Levin Cohn Ferris Glovsky and Popeo
Ms. Lee is a preeminent commercial real estate lawyer who skillfully steers developers, lenders, companies and... | Read More
Ms. Lee is a preeminent commercial real estate lawyer who skillfully steers developers, lenders, companies and nonprofit organizations through a wide array of real estate transactions and matters. She has particular expertise in land use law and development permitting in the Greater Boston area, and she frequently draws upon her earlier experience as chief of staff / special counsel to the director of the Boston Redevelopment Authority — now known as the Boston Planning & Development Agency. In addition to development permitting at the federal, state and local levels, Ms. Lee’s practice encompasses a broad range of acquisitions / dispositions, condominium creation and financing, including matters that involve historic preservation and tax incentive elements. She has deep experience with development projects involving public/private partnerships and the negotiation of ground leases with public agencies and authorities.
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