Development Agreements With Municipality are essential tools in U.S. land use law that provide a framework for complex development projects. These agreements are particularly valuable when developers seek long-term certainty for large-scale or phased developments. They typically lock in development rights and regulatory requirements while securing public benefits and infrastructure improvements for the municipality. The agreement should comply with state enabling legislation and local ordinances, and often requires public hearings and formal approval processes. They're commonly used for major residential, commercial, or mixed-use developments where significant public infrastructure or community benefits are involved.
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1. Parties: Identification of the municipality and developer, including legal status and authority to contract
2. Background: Context of the development, property description, and development objectives
3. Definitions: Key terms used throughout the agreement including project-specific terminology and legal definitions
4. Scope of Development: Detailed description of the proposed development project, including permitted uses and development parameters
5. Development Rights and Obligations: Rights granted to developer and corresponding obligations, including vesting rights and development conditions
6. Development Standards: Applicable building codes, zoning requirements, and design standards that will govern the development
7. Timeline and Phasing: Project schedule, completion milestones, and phasing requirements for the development
8. Fees and Financial Obligations: Development fees, bonds, and other financial requirements including impact fees and security deposits
9. Compliance and Monitoring: Requirements for ongoing compliance monitoring and reporting to the municipality
10. Default and Remedies: Events of default, cure periods, and available remedies for both parties
11. Term and Termination: Duration of the agreement and conditions for early termination
12. General Provisions: Standard legal provisions including notices, assignment, amendments, and governing law
1. Public Benefits: Additional community benefits provided by developer, such as parks, infrastructure improvements, or community facilities
2. Environmental Mitigation: Environmental impact remediation measures and ongoing monitoring requirements
3. Affordable Housing: Requirements for affordable housing units, including quantity, pricing, and duration of affordability
4. Public Art: Requirements for public art installation and maintenance obligations
5. Labor Requirements: Prevailing wage, local hiring, or other labor-related obligations
6. Historic Preservation: Requirements for preservation of historic structures or archaeological resources
1. Schedule A - Legal Description: Detailed property description and boundaries of the development site
2. Schedule B - Site Plan: Approved development plans and drawings showing the proposed development
3. Schedule C - Project Schedule: Detailed timeline of development phases and milestones
4. Schedule D - Development Standards: Specific design guidelines and requirements for the project
5. Schedule E - Required Permits: List of necessary permits and approvals required for the development
6. Schedule F - Financial Guarantees: Forms of required bonds and financial security instruments
7. Schedule G - Environmental Reports: Environmental studies, impact assessments, and mitigation plans
8. Schedule H - Public Infrastructure Plans: Details of required public improvements and specifications
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