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Real Estate Development Joint Venture Term Sheet Template for Australia

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Key Requirements PROMPT example:

Real Estate Development Joint Venture Term Sheet

"I need a Real Estate Development Joint Venture Term Sheet for a proposed joint venture between an Australian property developer and a Singapore-based investment fund for a 200-unit residential development in Brisbane, with expected project commencement in March 2025."

Document background
The Real Estate Development Joint Venture Term Sheet is a crucial preliminary document used in Australian property development projects when two or more parties intend to collaborate on a development venture. It serves as a foundation document that captures the essential commercial terms agreed between the parties before proceeding to detailed legal documentation. The term sheet typically precedes the formal joint venture agreement and is used during the initial negotiation phase to ensure all parties are aligned on key aspects such as capital contributions, profit sharing, management rights, and development responsibilities. While primarily non-binding (except for specific provisions like confidentiality and exclusivity), it provides a clear framework for lawyers to draft the full suite of transaction documents and helps identify potential issues early in the negotiation process. The document must comply with Australian corporate law, property law, and foreign investment regulations where applicable.
Suggested Sections

1. Parties: Identification of all parties to the joint venture, including their legal entities and addresses

2. Background: Context of the proposed development, relationship between parties, and purpose of the joint venture

3. Definitions: Key terms used throughout the term sheet

4. Project Description: Details of the development project, including property location, scope, and intended end product

5. JV Structure: Proposed legal structure of the joint venture and ownership interests

6. Capital Contributions: Initial and ongoing funding commitments from each party

7. Profit Distribution: Framework for sharing profits and losses

8. Management Structure: Decision-making process and management responsibilities

9. Development Management: Appointment and responsibilities of development manager

10. Timeline: Key project milestones and anticipated completion dates

11. Conditions Precedent: Conditions that must be satisfied before proceeding to formal documentation

12. Exclusivity: Period of exclusive negotiations for formal documentation

13. Confidentiality: Obligations regarding confidential information

14. Costs: Responsibility for term sheet and transaction costs

15. Non-Binding Nature: Statement of which provisions are binding and non-binding

Optional Sections

1. Property Acquisition: Include if the property is yet to be acquired, outlining acquisition terms and responsibility

2. Development Approval Status: Include if development approvals are pending or require specific actions

3. Third Party Funding: Include if external debt or funding will be required

4. Pre-sales Requirements: Include if project requires minimum pre-sales before commencement

5. Foreign Investment Approval: Include if any party requires FIRB or other foreign investment approvals

6. Intellectual Property: Include if specific IP rights need to be addressed

7. Marketing and Sales Strategy: Include if parties want to establish preliminary agreement on marketing approach

8. Buy-out Rights: Include if parties want to establish framework for potential buy-out scenarios

Suggested Schedules

1. Property Details: Legal description and details of the development site

2. Initial Feasibility Study: Summary of preliminary project feasibility analysis

3. Capital Structure: Detailed breakdown of proposed funding structure and contributions

4. Project Program: Indicative development timeline and key milestones

5. Management Structure Chart: Organizational chart showing proposed management structure

6. Development Budget: Preliminary development budget and cost estimates

7. Required Approvals: List of required regulatory and planning approvals

8. Pro Forma Financial Returns: Projected financial returns and distribution calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































Clauses



































Relevant Industries

Real Estate Development

Commercial Property

Construction

Property Investment

Infrastructure

Urban Planning

Residential Development

Mixed-Use Development

Real Estate Finance

Property Management

Relevant Teams

Legal

Finance

Development

Investment

Risk and Compliance

Commercial

Property

Construction

Project Management

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Development Director

Investment Manager

Legal Counsel

Project Director

Commercial Manager

Development Manager

Investment Analyst

Risk Manager

Property Director

Joint Venture Manager

Construction Manager

Financial Controller

General Counsel

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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