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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, June 13, 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.

$347.00
CLE
ALL

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.

Faculty

Peter J. Coyle
Shareholder
Larkin Hoffman Daly & Lindgren Ltd

Mr. Coyle advises business and institutional clients on solving problems related to federal, state and local law and regulation. He represents clients before state agencies as well as cities, counties and townships, on a wide variety of business licensing, permitting, regulatory compliance, environmental review and related matters. The main focus of his practice is advising land owners, developers and contractors who are seeking local and state regulatory approvals associated with new commercial, industrial and residential land development projects.

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Michael A. Guevara
Founding and Managing Shareholder
Guevara Law, PC

Mr. Guevara has over 20 years of experience in representing both general-law and home-rule municipalities.. He has extensive experience in municipal law issues including economic development, land use, zoning, ordinances, growth management, contract law, election issues, personnel matters, Texas Open Meetings Act and Public Information Act.  Mr. Guevara  currently represents various Texas municipalities as city attorney advising city departments and public officials on a wide range of municipal law issues. He also serves as municipal court prosecutor to those represented municipalities. Additionally, Mr. Guevara represents business owners and commercial developers.

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Description

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.

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
  6. 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?
  • 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?