Description
A landowner's or developer's--or their lenders'--worst nightmare is learning partway through a multi-year or multi-decade project that the local jurisdiction has changed land use or other regulations that will impair the project. To prevent these kinds of surprises, the parties enter into development agreements that offer developers a measure of certainty, aka vested rights, in exchange for negotiated community and public benefits.
When creating development agreements, counsel must pay careful attention to the clarity of the terms, whether the obligations of either party are conditional, and if and how defaults and remedies have been specified in the agreement. Certain provisions may be required in those states which have statutes authorizing local governments to enter into development agreements, such as California and Hawaii.
Even the best drafting cannot avoid all disputes, so counsel must be prepared to deal with potential defaults by either party.
Listen as the speakers, who have negotiated multiple development agreements over 25 years on behalf of the private and public sectors, provide their perspectives and recommendations on negotiating, drafting, and enforcing development agreements.
Presented By
Bio for Annie Attorney; loves horses and arguments
This is a bio for Big Boat. Big Boat is an avid reader and unicyclist.
This is a bio for speaker, Roller Coaster. Roller Coaster enjoys walks on the beach and pizza with pineapple.
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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
Wednesday, October 8, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction and overview of development agreements
A. Development agreement statutes and local ordinances
B. Primary purposes
C. Mandatory provisions
D. Optional provisions
E. Approval and amendment process and requirements
F. Typical developer benefits
G. Typical public agency benefits
H. Negotiating key provisions including scope of vested rights, length of term (including extensions), applicable law definition, force majeure, and assignment
II. Defaults and remedies
A. Standard or typical provisions
B. Recommendations for tailored remedies for defaults and cross-defaults
C. Recommendations for drafting terms to avoid ambiguity
D. Process for notices of violation and prerequisites to legal action
E. Typical claims and defenses
F. Review of development agreement published cases
III. Case studies
IV. Conclusion with Q&A
The panel will review these and other key issues:
- Tips for drafting to avoid disputes and litigation
- What is the role of force majeure?
- How to balance the developer's desire to maximize the scope of vesting protection with the public agency's desire to retain flexibility to address changing community needs and desires
- What types of changes in land use would not breach a typical development agreement?
- What remedies are common?
Related Courses
Protests, Public Comment, and Policy: First Amendment Law for Public Officials
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Development Agreements Between Municipalities and Private Parties
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