Area Development Agreement Template for Indonesia

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Key Requirements PROMPT example:

Area Development Agreement

"I need an Area Development Agreement under Indonesian law for a 500-hectare industrial park development in East Java, with construction planned to start in March 2025; the agreement should include provisions for sub-developer rights and special economic zone status."

Document background
The Area Development Agreement is a crucial document used in Indonesian development projects where a party seeks to develop a significant area of land for commercial, industrial, or mixed-use purposes. This agreement type is particularly relevant in Indonesia's evolving regulatory landscape, where foreign investment in property development must carefully navigate national and regional requirements. The document typically comes into play for large-scale development projects requiring substantial investment and long-term commitment. It addresses key aspects such as development rights, phasing, technical requirements, environmental compliance, and local community interests. The agreement must comply with various Indonesian laws including Law No. 25/2007 on Investment, Law No. 5/1960 on Basic Agrarian Law, and relevant regional regulations. It's essential for projects requiring coordinated development efforts and multiple stakeholder interests, particularly in special economic zones, industrial estates, or large-scale commercial developments.
Suggested Sections

1. Parties: Identification of the parties, including the Area Developer and the Rights Grantor

2. Background: Context of the agreement, including description of the development area and general objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Development Rights: Scope and nature of development rights being granted, including any restrictions

5. Term and Phasing: Duration of the agreement and development phases

6. Development Obligations: Developer's obligations regarding area development, including minimum investment requirements

7. Compliance Requirements: Obligations regarding permits, licenses, and regulatory compliance

8. Development Standards: Required standards for construction, infrastructure, and facilities

9. Financial Provisions: Financial obligations, including development fees, payments, and revenue sharing if applicable

10. Performance Security: Requirements for performance bonds or other security

11. Representations and Warranties: Standard and specific representations by both parties

12. Monitoring and Reporting: Requirements for progress reporting and monitoring

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

14. Force Majeure: Force majeure events and their consequences

15. Dispute Resolution: Procedures for resolving disputes, including governing law and jurisdiction

16. General Provisions: Standard boilerplate provisions including notices, amendments, and assignments

Optional Sections

1. Environmental Management: Detailed environmental obligations - required if development involves significant environmental impact

2. Community Relations: Obligations regarding local community engagement - important for socially sensitive areas

3. Infrastructure Sharing: Terms for shared infrastructure - needed if development connects to existing infrastructure

4. Special Economic Zone Provisions: Special provisions if the development is within or will establish a Special Economic Zone

5. Marketing and Branding: Requirements for marketing the development - relevant for commercial developments

6. Sub-developer Rights: Rights and procedures for engaging sub-developers - useful for large-scale projects

7. Government Support: Specific government support or incentives - applicable if government support is part of the project

Suggested Schedules

1. Development Area: Detailed description and maps of the development area, including coordinates and boundaries

2. Development Program: Detailed development timeline, milestones, and completion requirements

3. Technical Requirements: Specific technical standards and requirements for development

4. Required Permits: List of required permits and licenses with obtaining procedures

5. Performance Standards: Detailed performance standards and metrics

6. Financial Model: Base case financial model and assumptions

7. Form of Performance Security: Required format and terms of performance bonds or guarantees

8. Environmental Requirements: Environmental standards and compliance requirements

9. Required Insurance: Types and levels of required insurance coverage

10. Approved Master Plan: Detailed master plan for the development

11. Form of Progress Reports: Templates and requirements for progress reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Infrastructure

Industrial Development

Commercial Property

Tourism

Special Economic Zones

Mixed-Use Development

Urban Planning

Residential Development

Manufacturing

Relevant Teams

Legal

Development

Project Management

Government Relations

Environmental Compliance

Finance

Construction

Risk Management

Technical Services

Operations

Relevant Roles

Chief Executive Officer

Development Director

Project Manager

Legal Counsel

Investment Manager

Urban Planner

Environmental Compliance Officer

Construction Manager

Government Relations Manager

Finance Director

Property Development Manager

Risk Manager

Technical Director

Operations Director

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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