Development Agreements Between Municipalities and Private Parties

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Course Details

Course Information

smart_display Format
On-Demand
signal_cellular_alt Difficulty Level
Intermediate
work Practice Area
Government

Date & Time

event Date
Wednesday, October 23, 2024
schedule Time
1:00 p.m. ET./10:00 a.m. PT
timer Program Length
90 minutes

Credit Information

This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

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

Faculty

Tamsen Plume

Partner

Holland & Knight LLP

Ms. Plume is the executive partner of Holland & Knight's San Francisco office, with more than 23 years of experience in complex land use and environmental law. She represents project proponents in land use and environmental permitting, compliance and due diligence matters for complex land use, development and redevelopment projects, including acquisition of public property. Ms. Plume's practice includes all aspects of land use entitlements, including development agreements and other specialty land use contracts, California Environmental Quality Act (CEQA), Planning Law, Subdivision Map Act, State Density Bonus Law and Housing Accountability Act.

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Gerald J. Ramiza

Partner

Burke, Williams & Sorensen, LLP

Mr. Ramiza’s practice emphasizes real estate transactional, land use, and public/private partnership development matters. He represents private clients and public agencies throughout California in connection with complex real estate and land use matters and transactions. Mr. Ramiza's work includes forward planning, assisting with development, land use, entitlement, design review, and permitting processes, environmental review, and CEQA/NEPA compliance. He routinely handles negotiation and documentation of purchase, sale, easement, lease and financing transactions; asset management (including loan administration, property management and landlord/tenant matters); negotiation and drafting of complex development agreements; foreclosures; public trust and tidelands transactions; surplus lands dispositions; workouts and secured transactions; and ancillary matters such as title insurance review, due diligence, environmental risk allocation and hazardous materials/ Brownfields matters. With over 15 years of experience in the redevelopment arena, Mr. Ramiza is assisting successor agencies throughout the state in the implementation of the redevelopment dissolution act, ABx1 26. He also advises public agency clients in connection with the ferry-system transactions, affordable housing, federal contracting/BRAC process, utilization of federal grants, lease and parking revenue financing and assessment districts.

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Megan C. Rogers

Shareholder

Larkin Hoffman Daly & Lindgren Ltd

Ms. Rogers advises local and national clients on legal and policy issues impacting land use, zoning, real estate, municipal law, regulatory matters and mining. She is a trusted advisor on board governance, real estate development, public financing, and transactional real estate matters for both private clients and municipalities. Ms. Rogers has served as an adjunct professor with Mitchell Hamline Law School and as an active member and panelist with the Urban Land Institute in the Twin Cities.

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Description

Development agreements offer innovative solutions to local governments and private developers. Public-private development agreements provide various benefits to both parties, including vesting against changes in land use regulations and development impact fees; flexibility for phasing of long-term projects; innovative funding and financing solutions; opportunities for above standard community benefits; and allocations of infrastructure obligtations; 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 minimize the likelihood of disputes and legal challenges between the parties that could arise at different points in the project's 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.

Outline

Definition of a “Development Agreement” and how it differs from other types of agreements between the public and private sector
Where Development Agreements are currently authorized by statute and key differences among jurisdictions
Considerations for the public sector
- Legal issues
- Processing and approval
- Term including extensions
- Scope and duration of vested rights
- Fees and fee credits
- Limitations on partial assignments
- Phasing of community benefits
- Monitoring over time
- Open meetings and preserving confidentiality of financial and trade secret information
Considerations for the private sector
- Value for developer vs the cost of negotiation and “community benefits”
- Certainty for planning and budgeting
- Access to public infrastructure and potential reservations of capacity
- Clarity as to infrastructure obligations and phasing
- Reimbursement for oversized infrastructure and credits against fees
- Public financing mechanisms to help fund infrastructure
- Priority processing of applications
- Rights to assign and finance, including partial assignments