The Development Lease Agreement is a specialized legal instrument used in Australian property development when a landowner grants both occupancy rights and development permissions to a developer-tenant. This document is particularly relevant for projects where the developer will make significant improvements or construct new buildings on leased land. The agreement must navigate complex Australian federal and state regulatory requirements, including planning laws, construction codes, and environmental regulations. A Development Lease Agreement typically includes detailed provisions for development standards, timelines, and completion requirements, while also addressing traditional lease elements such as rent, maintenance, and property management. It's commonly used for commercial, retail, and mixed-use developments where the developer requires secure tenure while undertaking significant construction or improvement works.
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1. Parties: Identification of the lessor/landlord and lessee/developer, including full legal entities and ABN details
2. Background: Context of the development lease, property details, and purpose of the agreement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Grant of Lease: Terms of the lease grant, including term, purpose, and permitted use
5. Development Obligations: Core development requirements, specifications, and standards to be met
6. Development Timeline: Key milestones, completion dates, and development stages
7. Rent and Other Payments: Rent structure, development contributions, and other financial obligations
8. Security and Performance Guarantees: Required bonds, bank guarantees, or other security for development obligations
9. Approvals and Compliance: Required permits, licenses, and compliance with laws and regulations
10. Insurance and Indemnities: Required insurance coverage and indemnification provisions
11. Default and Termination: Events of default, remedies, and termination rights
12. Assignment and Subletting: Rights and restrictions regarding transfer of lease or development rights
13. Dispute Resolution: Process for resolving disputes related to lease or development matters
14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Pre-development Conditions: Conditions that must be satisfied before development can commence, used when specific prerequisites exist
2. Environmental Requirements: Specific environmental obligations and requirements, included when the development has significant environmental impacts
3. Heritage Protection: Provisions for protecting heritage elements, included when property has heritage significance
4. Marketing Rights: Rights and obligations regarding marketing of the development, included for commercial developments
5. Staging and Subdivision: Provisions for staged development or subdivision, included for larger scale developments
6. Future Development Rights: Rights for future development or expansion, included when future development potential exists
7. Community Consultation: Requirements for community engagement, included for developments with significant community impact
8. Indigenous Land Rights: Provisions relating to indigenous land rights and cultural heritage, included when relevant to the location
1. Schedule 1 - Property Description: Detailed description of the land, including title details and plans
2. Schedule 2 - Development Plans: Approved development plans and specifications
3. Schedule 3 - Development Program: Detailed timeline and staging of development works
4. Schedule 4 - Rent and Payment Schedule: Detailed breakdown of rent, development contributions, and payment terms
5. Schedule 5 - Required Approvals: List of required permits, licenses, and authorizations
6. Schedule 6 - Technical Specifications: Detailed technical requirements for the development
7. Schedule 7 - Performance Criteria: Specific criteria for measuring development completion and compliance
8. Schedule 8 - Form of Security: Required format for bank guarantees or other security
9. Appendix A - Site Investigation Reports: Environmental, geotechnical, and other site investigation reports
10. Appendix B - Construction Management Plan: Detailed plan for managing construction activities
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Commercial Property
Residential Property
Infrastructure
Retail
Industrial
Urban Planning
Mixed-Use Development
Relevant Teams
Legal
Property Development
Construction
Planning and Design
Property Management
Finance
Risk Management
Environmental Compliance
Project Management
Asset Management
Relevant Roles
Property Developer
Real Estate Lawyer
Development Manager
Project Manager
Construction Manager
Planning Consultant
Property Manager
Facilities Manager
Environmental Consultant
Architect
Urban Planner
Chief Financial Officer
Development Director
Legal Counsel
Asset Manager
Investment Manager
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