Development Agreement
“[Bayer] is engaged in the business of developing, manufacturing and distributing human health care products and has been conducting this business for more than 70 years at its facility…within the City. As technology progresses, the tools of genetic engineering and biotechnology are being utilized to develop products of great importance in the diagnosis, treatment, prevention and cure of disease…Product development encompasses many stages from the discovery or initial research on a potential new pharmaceutical product, through Food and Drug Administration approval, to initial commercialization. Typically, this requires a development process with an average time frame of 10-12 years and an average investment of in excess of $200 million. As a consequence, long range planning is mandatory for business, financial, and competitive reasons.”
Development Agreement, Page 4
In 1992, the City of Berkeley and Bayer (then Miles, Inc.) signed an historic 30-year Development Agreement (DA) that provided the company consistent and streamlined site development permit processes in return for a broad array of mitigations for the benefit of the city. Much has changed since then.