Development Agreements & Vested Rights

Development Agreements & Vested Rights

Overview

Development Agreements

Cox, Castle & Nicholson has negotiated Development Agreements and accompanying entitlements, including CEQA compliance, in a significant number of cities and counties throughout the State of California. In negotiating and documenting our clients' vested rights under Development Agreements, we make every effort to achieve the following:

  • Maximizing the term of the Development Agreement
  • Extending the expiration date of maps (and other project approvals) to coincide with the term of the Development Agreement
  • Ensuring the developer is not required to pay (i) new fees or (ii) increases in existing fees
  • Establishing parameters for infrastructure financing (e.g., community facilities districts)
  • Clarifying Conditions of Approval

Vested Rights

We counsel our clients on a complete range of vested rights issues including establishing and defending our clients' common law vested rights and establishing, defending, and optimizing our clients' vested rights under Vesting Tentative Maps.

Representative
Matters

Represented a developer in the entitlement and development of the Alameda Fleet Industrial Supply Center and a portion of the Alameda Naval Air Station, including the initial phase consisting of 485 single-family residential units (including affordable duplexes) and 100 affordable apartments, as well as a subsequent phase consisting of 300 residential units, 400,000 square feet of office, and 300,000 square feet of retail. Project entitlements included three separate Development Agreements vesting the entitlements for 20-year terms, one for the initial phase and one each for the subsequent residential and commercial phases. Representation also included providing input in the preparation of the Environmental Impact Statement and Environmental Impact Report for the transfer of the property from the Navy to the City, managing the preparation of the Environmental Impact Report for the project, assisting the developer in securing entitlements and infrastructure financing from the City and its redevelopment agency and representing the company in settling related CEQA litigation.

Joint Venture, North Coyote Valley. Represented venture between developers and Fortune 100 company in securing entitlements for a 6.6 million-square-foot office/research and development complex in San Jose’s North Coyote Valley, including a Development Agreement providing vested rights to develop the project over 20 years. Environmental Impact Report was upheld by the California Court of Appeals.

Corporate User, Alviso. Represented Fortune 100 company in securing entitlements for a two-phase, 2.3 million-square-foot office/research and development campus in San Jose’s Alviso neighborhood, including a Development Agreement providing vested rights to build the project over 20 years.

Corporate User, Emeryville. Represented biotech company in securing entitlements and negotiating redevelopment agreements for a 2.2 million-square-foot biotech R&D/office/manufacturing headquarters, including up to $95 million of tax increment financing and a Development Agreement providing vested rights to build the project over 20 years.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 32 acre mixed-use project, consisting of residential, live-work, and commercial components.

Represented developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a master planned residential project.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 17 acre office, retail, and 1200 unit residential project within the Platinum Triangle.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 3,200 acre planned community.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major retail project.

Represented a major picture studio in obtaining a Development Agreement and other entitlements, including CEQA compliance, for the master development of the studio.

More »

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 425,000 square foot retail complex.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a residential project.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 400 acre, 2,800 residential unit project.

Prepared a master Development Agreement for a 15,000 unit mixed-use project. Successfully defended litigation brought against the Development Agreement and other entitlements.

Prepared Development Agreements for approximately a dozen properties within the large-scale Rio Mesa planning area.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a boutique hotel, tennis club, and residential units.

Represented a regional hospital in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major facilities expansion.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for 100 acre, 370-home residential project.

Represented a developer in obtaining a Development Agreement for a 2,600 acre master planned resort community.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for an equestrian community of 39 one acre homesites.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a mixed-use, multi-family project consisting of 278 residential units and 5,000 square feet of commercial space.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a 1,600 acre wetlands restoration and residential project.

Represented developers in the development of a 935,000 square-foot lifestyle center and 300-room hotel within the master planned RiverPark mixed-use development. Representation included renegotiation of existing Owner Participation Agreement, Development Agreement, and related entitlements.

Represented a developer in obtaining a Development Agreement for a 322 acre residential project.

Represented a residential developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major residential project.

Represented a master developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a major mixed-use project.

Represented a residential developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a mixed-use residential/retail project.

Represented a developer in obtaining a Development Agreement and other entitlements, including CEQA compliance, for a multi-family project.

Negotiated a Development Agreement for the Mission-Steuart Hotel, a significant new hotel facility along San Francisco's Embarcadero.

Represented a developer with respect to negotiating and implementing a Disposition and Development Agreement, project CC&R's and master disclosure statement for the Hunters Point Naval Shipyard reuse and redevelopment project.

Prepared a master Development Agreement for a 5,170 unit residential project, incorporating the terms of a comprehensive land use settlement agreement with surrounding cities and Contra Costa County.

Represented a religious organization in obtaining a Development Agreement for the construction of a cathedral.

Represented a developer in entitlements, community outreach, and government relations for a Specific Plan, EIR, and Development Agreement for Morgan Ranch, a large residential master-planned community (conventional and age-restricted homes), and open space/environmental preservation.

Prepared and negotiated a Development Agreement for manufacturing facility for a large-scale biotech manufacturing facility.

Attorneys &
Paralegals

Name Title City Phone  
Bley, Kenneth B. Partner Los Angeles 310.284.2231
  • email
  • vcard
  • LinkedIn
Bradish, Margo N. Partner San Francisco 415.262.5101
  • email
  • vcard
  • LinkedIn
DeGood, Alexander M. Associate Los Angeles 310.284.2205
  • email
  • vcard
  • LinkedIn
Fogg, Andrew K. Partner Los Angeles 310.284.2178
  • email
  • vcard
  • LinkedIn
Lamport, Stanley W. Partner Los Angeles 310.284.2275
  • email
  • vcard
Morrison, Clark Partner San Francisco 415.262.5113
  • email
  • vcard
  • LinkedIn
Paone, Tim Partner Orange County 949.260.4655
  • email
  • vcard
  • LinkedIn
Sabey, Andrew B. Partner San Francisco 415.262.5103
  • email
  • vcard
  • LinkedIn
Silverman, Ronald I. Partner Los Angeles 310.284.2269
  • email
  • vcard
  • LinkedIn
Waite, David P. Partner Los Angeles 310.284.2218
  • email
  • vcard
  • LinkedIn

Spotlight

Environmental And Land Use Practices Ranked Top In Northern California By The Recorder

One of California’s leading legal industry newspapers named Cox Castle & Nicholson's Northern California Environmental... More»