DEVELOPMENT AGREEMENT INFORMED: ANNOTATED LEGAL DOCUMENTS
InFORMed Annotated Document
ITEM #:  40100116   |   PUBLISHED:  OCTOBER 4, 2015
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InFORMed Annotated Legal Document with eFormbook
Development Agreement

Prepared by Jeremy P. Duehr, Mary S. Ranum & Joseph G. Springer

A “development agreement” is a contract that a developer or landowner enters into with a municipality upon the subdivision or development of land and that details how the associated infrastructure will be constructed. Development agreements are useful in addressing the differing priorities of the municipality and the developer and are usually negotiated between and executed by the municipality and developer, with a written consent of other fee title owners of the property that is being subdivided.

The Development Agreement InFORMed Annotated Document provides a sampling of key provisions that should be considered when negotiating and drafting development agreements. While not exhaustive, the Development Agreement attempts to characterize general view points for the municipalities and the developers on critical points that are often negotiated. This InFORMed Annotated Document also provides practical guidance on how to use development agreements to reduce the inherent uncertainties and risks of the land development process in Minnesota. It also discusses other benefits to development agreements, such as encouraging developers and municipalities to engage in a joint planning process that often results in development that achieves the developer’s goals in a manner that is also consistent with the municipality’s planning objectives.

The companion eFormbook provides the form(s) in an unannotated format that users can download and customize for their clients.

Introduction

What Is A Development Agreement?

Key Provisions Generally Considered In Negotiating And Drafting Development Agreements

Development Agreement – Multi-Phase Development

  • Article 1 – Recitals
  • Article 2 – Pud Zoning
  • Article 3 – Pud Plans
  • Article 4 – Preliminary And Final Plats, Phase I
  • Article 5 – Relationship Of Pud Plans To Final Plat Plans And Final Plats
  • Article 6 – Relationship Of Pud Contract To Subject Property
  • Article 7 – Streets
  • Article 8 – Utilities
  • Article 9 – Storm Sewer
  • Article 10 – Grading Drainage
  • Article 11 – Wetlands
  • Article 12 – Park Dedication
  • Article 13 – Trails
  • Article 14 – Other Permits
  • Article 15 – Public Improvements
  • Article 16 – Responsibility For Costs
  • Article 17 – Indemnification Of City
  • Article 18 – Remedies Upon Default
  • Article 19 – Public Improvements And Special Assessments
  • Article 20 – Miscellaneous
  • Exhibit A – Legal Description Of Subject Property
  • Exhibit B – Pud Plans
  • Exhibit C – Improvements Schedule
  • Exhibit D – Sample Development Contract For Single-Phase Development
  • Exhibit E – Depiction Of X Property
  • Exhibit F – Depiction Of Other Development Property
  • Exhibit G – Parcel Owners

Companion eFormbook
Your annotated manual provides instructions for accessing the eFormbook.

$49

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InFORMed Annotated Legal Documents are expertly drafted legal forms and documents containing annotations and helpful commentary by expert attorneys. You'll receive drafting rationales and insights from the author, along with practice tips and citations to pertinent authority. Checklists and sample language also may be provided.

Each InFORMed Annotated Legal Document comes with a companion eFormbook which is accessible through your account on the Minnesota CLE website. The eFormbook contains the unannotated version of the documents included in the manual. Don’t scan or retype the documents found in the annotated manual – save time by simply downloading the documents and fine-tuning them to suit your needs!

Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.

Q.

Once I’ve purchased an InFORMed Annotated Document that includes an eFormbook, how do I access it?

Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.

Q.

Will I always have access to my InFORMed eFormbook?

Yes, you will always have access to the eFormbook. Even if we publish an updated InFORMed book, you will still have access to the eFormbook you purchased originally. If you purchase the updated InFORMed Annotated Document, you will have access to the most up-to-date eFormbook.

Q.

Can I download the forms in my eFormbook?

Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.

STANDARD PRICE
$49.00
DISCOUNTS WILL BE APPLIED DURING CHECKOUT, IF APPLICABLE.
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