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A development agency contract is signed between a property owner and a development agency to develop the land using the required funds and expertise. The document is significant because it is legally enforceable in court once both parties sign it. The following blog highlights the significance of a development agency contract and other associated details.
What Is a Development Agency Contract?
The development agency contract is a legal document signed between two parties and a local government. The agreement often includes all terms, conditions, and existing regulations related to real estate and property development in a particular area.
The legally binding contract can specify different elements of the development process ranging from critical infrastructure responsibilities and tax-sharing for retail growth to master-planned communities and franchises.
The property owner and the developer agency must have their respective legal counsels present when establishing the development agency contract.
The agency contract may include the following factors:
- Rules and regulations related to property development
- Policies and commitments for property development
- The time frame for property development
What Should You Keep in Mind When Finalizing a Development Agency Contract?
The development agency contract helps protect the basic rights of the property owners and the developer agencies. That is why it is important to keep a few things in mind when drafting and reviewing the legal document mentioned below.
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Purpose of the Contract
Before signing a development agency contract, both parties must specify the purpose and goals. The process will further help explain why the agreement is necessary and clearly articulate both parties' expectations in the document.
The first step must act as a screening process to ensure that the contract's purpose is consistent with the policies of the particular jurisdiction.
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Benefits Section in a Development Agency Contract
The development agency contract must justify the agreement's benefits related to the community's welfare, health, and safety. The legal document must also specify how a developer agency will benefit by signing the contract and working on the territory. The benefits section should be separate from the general purpose of the contract that gets specified compulsorily.
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Requirements for Similar Developments
The development agency contract requirements are site-specific, but the jurisdiction may require similar standards for other planned developments within the area with the same conditions. That is why the legal counsels of the developer agency must comply with the jurisdiction rules when drafting or reviewing the contract.
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Involved Parties in the Development Process
Stakeholder feedback and public input are significant components of a development agency contract because they help limit the negative responses from a particular community. That is why the involved parties must include the two components in the legal agreement before finalizing and signing it.
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Maintenance of the Contract
The local government must describe the maintenance requirements and long-term costs for the developer agency and the jurisdiction. It should also help monitor the processes and procedures to amend the contract terms and maintain them in the future.
Common Sections Covered by a Development Agency Contract
The development agency contract is a vast document that includes multiple clauses, terms, conditions, rules, and obligations.
Here is a list of the common sections covered by the legal document.
- State of Work
- Change Orders
- Acceptance of Criteria
- Project Management and Oversight
- Payments
- Audits
- Subcontractors
- Representations and Warranties
- Intellectual Property Rights
- Limitation of liability
- Terms and Termination
- Third-party intellectual property
- No Publication
- Confidentiality
- Governing Law
- Consent of Jurisdiction
- Notices
- Independent Contractors
- Force Majeure
- No Waiver
- No Assignment
- Export Compliance
- No Hire
- Severability
- Entire Agreement
What Are the Advantages Associated with a Development Agency Contract?
Development agency contracts allow different communities flexibility according to the existing regulations.Here is a list of advantages associated with the development agency contract.
- Creating a separate legal contract from the zoning code allows all parties to negotiate all developmental aspects.
- The contract can customize specific mitigation actions and collate them with the conditions of the agreement that helps secure the commitment.
- The development agency contract can suggest periodic reviews for compliance. The process is helpful for different site development standards, such as parking or landscaping.
- The contract enables the developer agency to obtain specific rights protected from the changes made to land use laws in a specific locality.
How Can a Professional Lawyer Help Draft a Development Agency Contract?
An experienced and professional lawyer will have significant knowledge of a territory's real estate or land use laws. The process will enable the attorney to analyze the terms and conditions in detail before finalizing the development agency contract.
Professional lawyers also have relevant expertise working in similar cases earlier. It helps them advise the clients on what they must consider before signing the contract. That is why a professional lawyer should assist the parties in finalizing the development agency contract.
Key Terms Related to a Development Agency Contract
The development agency contract is legally binding and includes multiple sections or clauses. However, not everyone can understand the content of the contract. That is why understanding a few key terms related to the agreement is recommended, as mentioned below.
- Force Majeure: The unforeseen circumstances that restrict a party from following the contract's rules.
- Confidentiality: The state of keeping something private or secret.
- Audit: An independent body's official inspection of a particular organization's accounts.
- Intellectual Property: A distinct creation of the human mind, such as literary or artistic works, inventions, design symbols, etc.
Conclusion
The development agency contract is significant because it helps protect the rights of all parties involved in a separate agreement. The best part about the agreement is that it is enforceable in court once both parties sign it. However, the legal document's content may be difficult for everyone to understand.
That is why seeking legal counsel's help when drafting or reviewing the contract is recommended. If you are looking for a professional lawyer specializing in development agency contracts, visit ContractsCounsel now. Post a project with your requirement and get legal assistance quickly.
Meet some of our Development Agency Contract Lawyers
Howard B.
Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. He graduated from the University of Tulsa College of Law with Honors. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The Energy Law Journal is one of the few peer-reviewed journals in the legal profession. Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functions. He has in-depth knowledge of both business and HR practices. During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts. He has answered charges, handled inspections, and supervised audits involving numerous agencies including the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and various state agencies. Berkson honed his analytical and writing skills while earning his Bachelor of Arts degree in Philosophy from the University of Washington. He went on to obtain a Master of Arts in Labor and Industrial Relations from the University of Illinois. Berkson’s work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. He is a member of Phi Alpha Delta law fraternity and of Phi Kappa Phi honor society.
Erik D.
Erik has been a practicing attorney in Florida for over a decade. He specializes in employment and real estate contracts. He has represented clients big and small and can assist with any contract issue.
Travis D.
Travis counsels individuals and businesses on a broad range of complex topics. His practice centers on producing efficient, client-driven results. He concentrates his practice on real estate, construction, and general business matters with an emphasis on assisting clients both before and after problems occur by drafting contracts designed to best position clients to avoid disputes and litigating matters to a final resolution if problems emerge. Born and raised in Oklahoma, Travis is a triple graduate of the University of Oklahoma, having obtained his Bachelor of Arts, Master of Business Administration, and Juris Doctor degrees from OU. Prior to practicing law, Travis managed the finances and business operations of a successful construction supply company for several years. This insight into sophisticated business dealings, contractual issues, and strategic planning makes him uniquely qualified to handle a wide range of legal matters. Travis lives in Norman with his wife, Haley, dogs, Walter and Poppy, and cat, Ernest. Outside of the office, Travis enjoys playing golf and reading.
Christopher M.
I am a corporate attorney with several years of experience with contracts, corporate and business, government projects, and employment law.
July 28, 2022
Marc S.
Have been practicing real property and business law in Nevada for over 40 years. No longer handling any litigation, transactional matters only.
August 1, 2022
Domonick G.
I am a licensed attorney who specializes in business law, personal injury and contracts.
August 9, 2022
Bolaji O.
Bolaji O. Okunnu is an entertainment lawyer and founder of the Okunnu Law Group, PLLC based in New York, New York. His practice includes work in the area of copyright, trademark, contract, intellectual property and business law. As an entertainment attorney, Bolaji represents a diverse roster of celebrities, record labels, music publishers, artists, bands, entrepreneurs, authors, songwriters, artist managers, record producers and entertainment executives concerning their intellectual property, business affairs and creative assets. He is an expert at solving complex and sophisticated legal and business issues relating to contracts, copyrights and trademarks. With his background in both the law and the music business, he brings a broad perspective to problem-solving and business plan strategies. He also has an extraordinary ability to speak to the hearts of creatives while helping them discover their voice and clarify their creative dreams and assignments.
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