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Joint Venture Agreement Between Landowner And Developer
"I need a Joint Venture Agreement Between Landowner And Developer for a mixed-use commercial and residential development project in Auckland, with construction planned to commence in March 2025, including specific provisions for sustainable building practices and staged development."
1. Parties: Identification of the Landowner and Developer, including full legal names and addresses
2. Background: Context of the agreement, including property details and development intention
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Joint Venture Formation: Establishment of the joint venture, its purpose and nature
5. Contributions of Parties: Detailed specification of what each party brings to the venture (land, capital, expertise)
6. Ownership and Interests: Parties' respective ownership interests in the venture and property
7. Management and Control: Decision-making processes, management structure, and voting rights
8. Development Obligations: Developer's responsibilities regarding the development process
9. Financial Arrangements: Capital contributions, profit sharing, loss allocation, and funding mechanisms
10. Development Process: Stages of development, timelines, and milestones
11. Distribution of Profits: Method and timing of profit distribution
12. Accounts and Records: Requirements for financial reporting and record-keeping
13. GST and Tax Matters: Treatment of GST and other tax obligations
14. Default and Remedies: Consequences of breach and available remedies
15. Termination: Circumstances and process for ending the joint venture
16. General Provisions: Standard clauses including notices, amendments, governing law
1. Development Financing: Include when external financing is required, detailing lending arrangements and security
2. Pre-Sales Requirements: Include when the development requires minimum pre-sales before commencement
3. Marketing and Sales: Include when the agreement covers the sales process of developed properties
4. Resource Consent Conditions: Include when specific resource consent requirements need to be addressed
5. Intellectual Property: Include when development involves unique designs or branding
6. Environmental Obligations: Include when specific environmental considerations or obligations exist
7. Assignment and Transfer: Include when parties need ability to transfer interests
8. Dispute Resolution: Include when specific dispute resolution mechanisms are preferred beyond court proceedings
9. Force Majeure: Include when specific provisions for unforeseen events are needed
1. Schedule 1 - Property Details: Legal description of the land, including title references and encumbrances
2. Schedule 2 - Development Plans: Architectural plans, concepts, and specifications for the development
3. Schedule 3 - Development Budget: Detailed budget including costs, contingencies, and financial projections
4. Schedule 4 - Development Timeline: Project timeline with key milestones and completion dates
5. Schedule 5 - Management Structure: Detailed governance and management procedures
6. Schedule 6 - Distribution Framework: Detailed methodology for calculating and distributing profits
7. Schedule 7 - Initial Contributions: Itemized list of each party's initial contributions and valuations
8. Appendix A - Resource Consents: Copies of obtained or required resource consents
9. Appendix B - Due Diligence Reports: Technical, legal, and financial due diligence reports
Authors
Real Estate
Property Development
Construction
Urban Planning
Architecture
Property Investment
Commercial Property
Residential Property
Infrastructure Development
Land Development
Legal
Property Development
Real Estate
Construction
Project Management
Finance
Commercial
Planning and Design
Investment
Business Development
Property Developer
Real Estate Director
Development Manager
Project Manager
Construction Manager
Property Owner
Legal Counsel
Property Lawyer
Investment Manager
Development Director
Chief Executive Officer
Chief Financial Officer
Land Acquisition Manager
Planning Manager
Commercial Director
Joint Venture Manager
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