David Colgan has over 35 years of experience in land use, environmental, and real estate law. He represents landowners, master land developers, and companies as well as governmental agencies on all aspects of land use entitlement and environmental regulation matters and in the acquisition and sales of property.
Mr. Colgan also prepares and negotiates all types of land use and real estate agreements including development agreements with cities and counties and school fee mitigation agreements with school districts and conducts due diligence investigations for clients.
Additionally, he has over 30 years of experience in dealing with school fee issues, and was a key member of the California Building Industry Association legal team that helped draft and secure passage of SB 50 in 1998, the historic school facilities financing and developer fee reform legislation.
Mr. Colgan has experience advising land development clients on issues relating to community facilities district and assessment district proceedings and also advises clients on prevailing wage law requirements.
He is AV rated by Martindale-Hubbell.
Representative Work
Newhall Land & Farming Company. Negotiated and documented Lease/Leaseback and Construction Services Agreements for construction of an elementary school with the Saugus Union School District (2007). Currently negotiating and documenting a Master School Facilities Mitigation and Funding Agreement contemplating the construction of four elementary schools and a Lease/Leaseback and Construction Agreement for construction of the first elementary school with the Newhall School District.
Yokohl Ranch, LLC, a J. G. Boswell Company. Currently negotiating a series of school facility mitigation agreements with various school districts for the client's proposed 36,000 acre, 10,000 residential unit master planned community project in unincorporated Tulare County.
City of Chula Vista. Acted as special counsel to the City regarding land use entitlement matters for the last phase of Otay Ranch.
Tustin Legacy Community Partners, LLC (Shea Homes/Shea Properties). Negotiated School Facilities Mitigation and Funding Agreement for master planned Tustin Legacy project on former Marine Corps Air Station Tustin property.
Eagle Valley Developers, LLC. Lead land use entitlement counsel for 800+ acre master planned mixed use community in the sphere of influence of the City of Corona.
Synergy-Brookfield, LLC. Negotiated School Facilities Mitigation and Funding Agreements with William S. Hart Union High School District for two master planned communities, The Keystone and Park Place, in Santa Clarita and unincorporated Los Angeles County respectively; the Saugus Union School District for The Keystone project and the Sulphur Springs School District for Park Place.
W-L Homes / John Laing Homes. Provided legal counsel on school mitigation fees and land use entitlement issues on various projects including acting as lead legal counsel on land use entitlements including a Disposition and Development Agreement, School Facility Mitigation and Funding Agreement and Mello-Roos Community Facility District issues for Laing's 700-acre mixed use Summerly project in Lake Elsinore.
Tejon Industrial Complex. Lead attorney for Tejon Ranch Company in securing land use entitlements from Kern County for Tejon Industrial Complex West and Tejon Industrial Complex East.
Rancho Las Flores. Lead land use entitlement counsel including processing of CEQA documents, Specific Plan, Development Agreement, School Mitigation Agreement and related real property agreements for 10,000 acre, 16,000 residential and mixed use master planned community in the City of Hesperia.
Brookfield Homes. Negotiation and documentation of School Mitigation Agreements for residential development projects in the New Model Colony area of the City of Ontario.
SB 50 - Chapter 407, Statutes of 1998. Worked with CBIA on historic legislation restructuring school facility finance with developer impact fee reform.