Development agreements are an effective avenue for a community and developer to come together and process a project. Both sides of the table need to carefully consider the terms of these contracts and explore questions of content and performance before completing such an agreement. Learn the legislative and judicial aspects of development agreements.
Examine the legal basis for development agreements and the overlap between agreements and vesting subdivision maps. Participants will learn the negotiation process, identify and discuss the range of options available when negotiating a development agreement, and review the theoretically possible agreement. Consider the key points of an agreement, learn ways to assist in understanding the needs of the other side and select the players to conduct the negotiation.
Topics include:
- Common law vested rights
- Legal review
- Development agreements vs. vested maps
- The Development Agreement Statute
- Key terms and alternative approaches
- Considerations in negotiating the agreement
- Contents of an agreement
- Testing the waters
- Paper control: who drafts the document
- Enforceability
- How to implement agreements
- What happens after the life of an agreement