Compare a development agreement to the authorizing sections
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List whether the draft names a person with a legal or equitable interest, whether it covers unincorporated land in a city sphere of influence, and whether it states an annexation period. Quote the clauses on permitted uses, density, and design and construction standards. Do not say the agreement is valid, and do not add a fee clause. State law governs, and the lawyer confirms the governing state. For example, California.
- What the lawyer must review
- Government Code section 65865(a) allows a city, county, or city and county to enter a development agreement with a person who has a legal or equitable interest in the real property. Subsection (b) allows a city agreement for unincorporated territory in its sphere of influence, but the agreement does not become operative unless annexation is completed within the time the agreement specifies, and otherwise it is null and void. Subsection (c) requires procedures and requirements, by resolution or ordinance, when an applicant asks. Subsection (e) requires compliance with section 66006, for an agreement entered on or after 1 January 2004, as to any fee received or cost recovered. Section 66006 was not opened. Section 65866(a) provides that, unless the agreement says otherwise, the rules on permitted uses, density, and design, improvement, and construction standards are those in force at execution. The agreement does not prevent later non-conflicting rules, and it does not prevent denial or conditional approval of a later development-project application. Subsection (b) applies the section to a charter city. Section 65864 is legislative findings and is not the grant of power. You decide whether the interest exists and whether any annexation time has been met. Opinion 512 and Model Rule 1.6 apply if the draft is put into a tool. State law governs, and the lawyer confirms the governing state. For example, California.
- Written for / version
- United States versionUSAU
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.