The Disposition and Development Agreement is a crucial instrument in public-private development projects across the United States. It is typically used when a public entity wishes to transfer property to a private developer for a specific development purpose that serves the public interest. The agreement combines property disposition terms with detailed development obligations, ensuring that the project meets public policy objectives while providing clear guidelines for the developer. DDAs are particularly common in urban renewal projects, affordable housing development, and economic development initiatives where public land is being repurposed for community benefit.
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1. Parties: Identification of the public agency and developer
2. Background: Project context, property description, and development objectives
3. Definitions: Key terms used throughout the agreement
4. Property Disposition Terms: Terms of property transfer, including price and conditions
5. Development Obligations: Developer's commitments regarding construction and development
6. Timeline and Milestones: Project schedule and key completion dates
7. Default and Remedies: Consequences of breach and available remedies
1. Public Benefits: Community benefits and public improvements - include when project includes public benefit components
2. Environmental Indemnification: Environmental liability provisions - include when environmental concerns exist
3. Financing Provisions: Terms related to project financing - include when public financing is involved
1. Legal Description: Detailed property description and boundaries
2. Project Plans: Architectural plans and specifications
3. Development Budget: Detailed project costs and financing sources
4. Project Schedule: Detailed timeline of development milestones
5. Environmental Reports: Environmental studies and clearances
6. Form of Deed: Template for property transfer deed
7. Insurance Requirements: Detailed insurance specifications
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