About the Course
Introduction
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.
Description
Development agreements offer the opportunity to confirm important development project details in writing between local governments and a developer. Development agreements often provide clarity regarding applicable development regulations, unique project conditions, and public financing and clearly delineate the responsibilities of all parties.
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 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.
Presented By
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.
Mr. Meek focuses his practice on land use, zoning, and municipal entitlement matters arising in the acquisition, development, redevelopment, sale, and operation of commercial real estate. He advises clients on zoning, land use, and permit issues during acquisition and pre-development due diligence and regularly handles annexations, zoning map and text amendments, planned developments, special use permits, subdivisions, site plan approvals, adaptive reuse and historic preservation matters, and related municipal approvals. Mr. Meek works with clients to develop legal and practical strategies for securing favorable entitlements and regularly leads presentations and handles contested hearings before city councils, plan commissions, zoning boards, historic preservation commissions, housing commissions, and community groups. He represents developers, property owners, landlords, tenants, nonprofit organizations, and other stakeholders across a broad range of asset types, including industrial outdoor storage and truck parking facilities, warehouses, self-storage, retail, office, multifamily and single-family residential developments, gas station convenience stores, and special-purpose facilities. His experience includes large-scale industrial and logistics projects, redevelopment matters, affordable and inclusionary housing issues, nonconforming-use matters, and complex zoning and permit strategies for challenging sites and uses. Mr. Meek brings more than 25 years of experience in land use, zoning, and real estate matters, including prior practice at national and regional law firms working on behalf of both private-sector and municipal clients.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, June 25, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Value of development agreements
II. Challenges
A. Illegal zoning
B. Spot zoning
III. Statutes providing for agreements
A. Aim
B. Limits
IV. Terms to protect against challenges and ensure implementation
V. Community benefits agreements
VI. Alternatives to statutory development agreements
VII. Key takeaways
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 can financial or other agreements 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?
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