Community Benefits Agreement California

The community benefits movement began in Los Angeles, with successful implementation in mixed-use projects in Hollywood and Highland,[6] and Staples Center/LA Live. [7] Since then, it has expanded rapidly to other cities such as Atlanta, Chicago, Denver, Milwaukee, Minneapolis, New Haven, New York, Philadelphia, Pittsburgh, San Diego, San Francisco, San Francisco, Seattle, Syracuse, Washington, D.C. and Wilmington. [8] Among the major organizations are the National Community Reinvestment Coalition [2], the Active Families Partnership [3], the Los Angeles Alliance for a New Economy [4], Strategic Actions for a Just Economy (“SAJE”),[5] SCOPE [6], Georgia Stand-Up [7] and Pittsburg United [8] Community Benefits Coalitions, that new quality developments are essential to increasing prosperity. Coalitions are looking for a role in the design of this evolution and know that no one will win if the project fails. As a general rule, negotiations begin between a CBA coalition and a developer after a project is announced, but before government approval. However, there are examples of legal requirements of the CBA that are related to grants that impose municipal performance standards for land in certain districts. For example, developers participating in the Atlanta Beltline project who opt for the use of tax-raising funding must integrate the community`s benefits through a development or financing agreement. [8] The CBA contract model matches each CBA to the needs of the municipality, the size and nature of the proposed development, and the relative bargaining power of community groups and the developer.

The developer itself can provide benefits, or a CBA may require the developer to impose CBA provisions on its tenants, suppliers and contractors. As a general rule, CBA employment quality standards, local hiring programs and affordable housing requirements. [5] Since a CBA is a legally binding contract, it can only be applied by the parties who signed it. CBAs included in development agreements can be implemented by government and community groups. [5] To date, there is no case law on the validity and applicability of CBAs. The 1993 contract, similar to Donald Trump`s CBA, for the New York City Riverside South project was the subject of an expert opinion by the 2008 New York Appellate Division, but the court found that the terms of the contract had expired. [9] 8.