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A development agreement is a legally binding contract between a property owner or developer and a government entity (city, town or village), often including terms not otherwise required through existing regulations. Most often, development agreements are entered into by a local governmental entity and the landowner, developer or prospective business. Development agreements can create a mechanism for a community to ensure development occurs in a manner consistent with planning and maximizes the benefits of a development and in ways that the local entity would not otherwise be able to do. The use of development agreements poses an attractive alternative to developers for ensuring that their development can go forward. Development agreements operate as contracts between a project developer of a project and the local governing body that maintains authority over the project. A The following resources provide information about Development Agreements
Value Capture: Development Agreements and Other Contract-Based Value Capture Techniques Primer
Federal Highway Administration, March 2021 - Primer PDF | AUDIO
This primer was developed on behalf of the FHWA Every Day Counts (EDC-5) Value Capture Implementation Team and is based on literature reviews, interviews, case studies, and lessons learned from practicing agencies. The primer introduces the concept of contract-based value capture techniques and how they can provide a gap funding source to help maintain and improve road networks and other critical infrastructure needs. Several cases within the primer illustrate how public agencies have approached instituting and managing DAs, CBAs, JDAs, and other contract-based value capture techniques Contract-based value capture techniques (the subject of this Primer)–such as development agreements (DAs), community benefits agreements (CBAs), joint development agreements (JDAs), and right-of-way (ROWs) use agreements–are among the most evolved value capture techniques available today.
"Introduction to Development Agreements and Other Contract-Based Value Capture", Julie Kim, Ph.D.; Founder and CEO of BeneTellus. - PDF
"Working with Development Agreements on Transportation Projects", Jeffrey MullanPartner, Foley Hoag LLPBoston, Massachusetts. - PDF
"City of Santa Monica Development Agreements", Roxanne Tanemori, Principal Planner, City of Santa Monica - PDF
American Fork, Utah and American Fork Redevelopment Agency and AF Utah LLC AF Utah LLC – PDF
First Street Village Mixed-Use Project Development Agreement, City of Burbank, CA - PDF
This Development Agreement by and among the City of Burbank, CA, a charter city and municipal corporation and First Street Village, LLC., Owner” or Developer.
The City of Inglewood &. Hollywood Parkland Co. Development Agreement, CA - PDF
The Development Agreement is entered into as of August 7th, 2009, by and between the City of Engelwood, and Hollywood Park Land Company, LLC.
Treasure Island Disposition and Development Agreement (Treasure Island/Yerba Buena Island), City and County of San Francisco, CA - PDF
This disposition and development agreement (Treasure Island/Yerba Buena Island) including all Exhibits and Attachments as amended from time to time, this “DDA” or this “Agreement”) dated for reference purposes only as of June 28, 2011, is made by and between Developer and the Authority.
Parkmerced Development Agreement, City and County of San Francisco, CA - PDF
This development agreement is by and between the City and County of San Francisco, a political subdivision and municipal corporation of the State of California (the “City”), acting by and through its Planning Department, and Parkmerced Investors Properties, LLC, a Delaware limited liability company, its permitted successors and assigns (the “Developer”), pursuant to the authority of Section 65864 et seq. of the California Government Code and Chapter 56 of the San Francisco Administrative Code
Trinity Plaza Development Agreement; City and County of San Francisco, CA - PDF
First amendment to the development agreement by and between the City and County of San Francisco and 1169 Market Street LP relative to the development known as the Trinity Plaza development project.
Draft Rail Yard DA, City of Sacramento, CA - PDF
This amended and restated development agreement by and between the City of Sacramento, a municipal corporation, and Downtown Railyard Venture, LLC, a Delaware limited liability company the Landowner.
Development Agreement City of Vallejo, CA for Mare Island - PDF
The Development Agreement by and between the City of Vallejo, CA, a Municipal Corporation and Lennar Mare Island, LLC, a California limited liability company, developer, pursuant to the authority of Sections 65864 et seq. of the Government Code and Chapter 17.10 of the Vallejo Municipal Code.
Land Disposition and Development Agreement, DC - PDF
This Land Disposition and Development Agreement by and between the District of Columbia, a municipal corporation and Broadcast Residential Partners, LLC, a Virginia limited liability company, and Broadcast Center Partners, LLC, a District of Columbia limited liability company, Developer.
The Township of West Orange, NJ Redevelopment
The Township of West Orange, NJ and Green Essex Partners Urban Renewal, LLC - PDF
The Redevelopment Agreement by and between the Township of West Orange as Redevelopment Entity and Green Essex Partners Urban Renewal, LLC, as Redeveloper.
The Township of West Orange, NJ and GP 177 Main Urban Renewal, LLC Financial Agreement - PDF
This Financial Agreement made by and between GP 177 Main Urban Renewal and the Township of West Orange, NJ
The Township of West Orange, NJ Infrastructure Construction Agreement - PDF
Phase I Infrastructure Construction Agreement by and between the Township of West Orange and Prism Green Associates IV, LLC, on behalf of, and as agent for, GP 177 Main Urban Renewal, LLC dated August 8, 2014
South Station Air Rights Project (the "Development Plan"), City of Boston, MA - Website | PDF
TUDC LLC and South Union Station LLC, an affiliate of Hines Interests Limited Partnership (“Proponent”), propose to develop a mixed-use development including office, residential, hotel, retail and parking uses to be contained in three main structures to be constructed in air rights over the South Station Transportation Center
Amended and Restated Development Agreement for Market Street at the Town of Lynnfield, MA - PDF
This Amended and Restated Development Agreement by and between Market Street at Lynnfield Development LLC, a Massachusetts limited liability company and the Town of Lynnfield, a municipal corporation.
Development Agreement, City of Pontiac, MI - PDF
The Development Agreement between the City of Pontiac, a Michigan home rule city, the Charter Township of Bloomfield, and Harbor Telegraph2103 L.L.C., Bloomfield Acres Acquisition Company L.L.C., Harbor Telegraph-1881 L.L.C., Harbor Telegraph-1899 L.L.C. and Harbor Vogue Plaza L.L.C. collectively "Harbor''.
Master Development Agreement, City of Austin, TX - PDF
This Master Development Agreement between the City of Austin, a Texas home rule city and municipal corporation and Catellus Austin, LLC
Capitol Hill Light Rail Station Sites Development Agreement, City of Seattle, WA - PDF
This draft Development Agreement Regarding Capitol Hill Station Transit Oriented Development is entered into by and between the City of Seattle), a Washington municipal corporation, and the Central Puget Sound Regional Transit Authority, a regional transit authority created pursuant to Chapter 81.104 RCW and Chapter 81.112 RCW
Below are examples from cities and counties.
A CBA is a legally enforceable agreement between a coalition of community-based organizations and the developer of a proposed project. In exchange for the coalition's public support of the project in the approval process, the developer agrees to contribute benefits to the local community if the project moves forward. Below are examples of Community Benefits Agreements
Gates-Cherokee Redevelopment CBA, CO - PDF
Among the provisions of the agreement are benefits related to affordable housing, living wages for construction jobs, first-source hiring and continued communication between the developer and the community concerning the site’s clean-up. The developer also agreed not to allow any big-box stores to be included in the redevelopment. In exchange for these benefits, the developer was supported by the community in seeking $126 million in city subsidies.
Bayview-Hunters Point CBA, San Francisco, CA - PDF
This Core Community Benefits Agreement by and between Lennar Communities, Inc., a California corporation (“Lennar Communities”), and LENNAR - BVHP, LLC, a California limited liability company and the San Francisco Labor Council, an unincorporated association maintaining nonprofit status as a 501(c)(5) (“SFLC”); The San Francisco Organizing Project, a California nonprofit corporation (“SFOP”); and San Francisco Acorn, the local chapter of the Association of Community Organizations for Reform Now, an Arkansas nonprofit corporation (“SF-ACORN”).
Facebook Campus Expansion CBA, Menlo Park, CA - PDF
This Compact to increase Equity, Opportunity, and Access in Silicon Valley is by and between certain Community Groups, Facebook Inc., Hibiscus Properties, LLC, a wholly owned subsidiary of Facebook Inc.
Community Benefits Agreement - Atlanta Beltline Inc., GA - PDF
Atlanta Beltline CBAs ensure that development is equitable and benefits all members of the community, eventually contributing to stronger local economies, livable neighborhoods and increased public participation in the planning process.
Dearborn Street CBA, Seattle, WA - PDF
This agreement is by and between Puget Sound Sage, the Washington Vietnamese American Chamber of Commerce, the Jackson Place Community Council, Hod Carriers and General Laborers Local Union 242, and Developers
Milwaukee Park East Redevelopment CBA, WI - PDF
This CBA was enacted via legislation, and not a legal contract.