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Sponsored by Lorman Education
Product ID: 404816EAU
 
Credit & Course Provided by:

Development Agreements and Vested Rights

OnDemand Webinar (93 minutes)

Gain an understanding of what a development agreement is and how it is different from other land use approvals.The use of development agreements is widespread but their potential benefits are often overlooked or misunderstood by both developers and local government officials. A well-crafted development agreement provides the developer the assurances it needs to secure financing and proceed with construction while offering local government the public benefits it otherwise could not achieve by regulation. The development agreement also offers a mechanism to address a host of issues that commonly arise in the land development process between developers and local governments, such as the timing of the provision of public facilities, the inclusion of certain types of housing, and the annual number of building permits. This presentation will review the purpose behind development agreements, what they can do (and cannot do), how procedural missteps and drafting errors can expose the parties to liability and/or potentially scuttle an otherwise well-thought out project, and other issues the audience brings to the table for our consideration.

Authors

David Warner, Ancel Glink

Agenda

Benefits of Development Agreements

• Benefits to the Government

• Benefits to the Developer

• Other Benefits

The Constitutionality of Land Development Conditions

• Nexus and Proportionality

• Exactions, Dedications, Fees

Procedures

• Statutory Authority

• Approval and Adoption of the Agreement

• Public Hearings

• Conformance to Plans

• Amendment or Cancellation

• Limits on Conditions