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Structuring Real Estate Development Agreements With Municipalities

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

Recording of a 90-minute premium 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 Thursday, June 13, 2024

Recorded event now available

or call 1-800-926-7926

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.


Development agreements offer the opportunity to confirm important development project details in writing between a local government and a developer. Development agreements often provide clarity regarding applicable development regulations, unique project conditions, and public financing.

Benefits for developers and property owners often include flexibility for long-term multi-phased development projects, confirmation of vested rights in the event of changes in regulation, financial incentives, infrastructure obligations, and other development priorities not expressly addressed in the local ordinances.

For municipalities, development agreements provide a vehicle for facilitating a municipality's comprehensive planning goals, commitments for public facilities, including off-site infrastructure, as well as opportunities to seek greater developer financial obligations and exactions beyond standard conditions of approval.

Counsel negotiating development agreements should include terms to ensure implementation of all project terms 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 inappropriate development costs and conditions that can compromise project feasibility, including project financing.

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.



  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
  6. Alternatives to statutory development agreements


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?
  • How financial or other agreements can be addressed to maximize development potential
  • How can development agreements provide benefits to owners/developers?
  • How do fees or project conditions enhance or complicate development agreements?


Coyle, Peter
Peter J. Coyle

Larkin Hoffman Daly & Lindgren

Mr. Coyle advises business and institutional clients on solving problems related to federal, state and local law and...  |  Read More

Guevara, Michael
Michael A. Guevara

Founding and Managing Shareholder
Guevara Law

Mr. Guevara has over 20 years of experience in representing both general-law and home-rule municipalities.. He has...  |  Read More

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

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