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Development Agreement Between Landowner And Developer

Development Agreement Between Landowner And Developer Template for New Zealand

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Key Requirements PROMPT example:

Development Agreement Between Landowner And Developer

"I need a Development Agreement Between Landowner and Developer for a mixed-use residential and commercial project in Auckland, New Zealand, with construction starting March 2025, including specific provisions for sustainable building practices and community consultation requirements."

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Document background
The Development Agreement Between Landowner And Developer is a crucial legal instrument in New Zealand's property development sector, designed to facilitate and regulate development projects while protecting the interests of both parties. This agreement is typically used when a landowner wishes to engage a developer to undertake development activities on their land, whether for residential, commercial, or mixed-use purposes. The document incorporates requirements under New Zealand's Resource Management Act 1991, Building Act 2004, and relevant local authority regulations. It addresses essential elements including development rights, financial arrangements, project timelines, resource consents, construction requirements, and risk allocation. The agreement is particularly important in the context of New Zealand's unique legal framework, which includes consideration of environmental protection, heritage preservation, and MÄori cultural interests where applicable.
Suggested Sections

1. Parties: Identification and details of the Landowner and Developer, including their legal status and contact information

2. Background: Context of the agreement, description of the land, and overview of the proposed development

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation

4. Development Rights and Grant: The formal grant of development rights from Landowner to Developer and scope of authority

5. Developer's Obligations: Core responsibilities of the Developer including construction, compliance, and project management

6. Landowner's Obligations: Key responsibilities of the Landowner including access, cooperation, and any retained rights

7. Development Program: Timeline, milestones, and completion requirements for the development

8. Consents and Approvals: Process for obtaining and maintaining necessary regulatory approvals and consents

9. Financial Terms: Payment terms, development costs, profit sharing, and financial obligations

10. Insurance and Liability: Required insurance coverage and allocation of risks between parties

11. Default and Termination: Events of default, remedies, and termination provisions

12. Dispute Resolution: Process for resolving disputes between parties

13. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Pre-Development Conditions: Specific conditions that must be met before development can commence, used when there are particular prerequisites

2. Resource Management Obligations: Detailed environmental and resource management requirements, included for environmentally sensitive developments

3. Heritage Protection: Provisions for protecting heritage features, required when development affects heritage sites

4. Staged Development: Framework for managing development in stages, used for larger phased projects

5. Marketing and Sales: Terms regarding the marketing and sale of developed properties, included for commercial developments

6. Maori Cultural Considerations: Provisions addressing Maori cultural values and interests, required when development affects Maori interests

7. Community Consultation: Requirements for community engagement, included for developments with significant community impact

8. Infrastructure Contributions: Terms regarding infrastructure development and contributions, used when significant infrastructure work is required

Suggested Schedules

1. Property Description: Detailed legal description of the land including title references and plans

2. Development Plans: Architectural plans, designs, and specifications for the development

3. Development Program Timeline: Detailed timeline with milestones and completion dates

4. Financial Schedule: Detailed breakdown of costs, payments, and profit-sharing arrangements

5. Resource Consents: Copies or details of required resource consents and conditions

6. Construction Specifications: Detailed construction requirements and quality standards

7. Insurance Requirements: Specific insurance policies and coverage requirements

8. Environmental Management Plan: Detailed plans for environmental protection and management during development

9. Form of Warranties: Templates for required warranties and guarantees

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

















































Clauses





































Relevant Industries

Real Estate

Property Development

Construction

Commercial Property

Residential Property

Urban Planning

Infrastructure Development

Land Development

Mixed-Use Development

Environmental Services

Architecture and Design

Relevant Teams

Legal

Property Development

Real Estate

Construction

Planning

Environmental Compliance

Project Management

Risk and Compliance

Commercial

Investment

Asset Management

Design and Architecture

Relevant Roles

Property Developer

Development Manager

Project Manager

Real Estate Lawyer

Property Lawyer

Land Surveyor

Urban Planner

Development Director

Construction Manager

Property Manager

Environmental Consultant

Resource Management Lawyer

Chief Development Officer

Investment Manager

Asset Manager

Legal Counsel

Planning Manager

Development Coordinator

Commercial Director

Risk Manager

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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