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Joint Development Agreement (Real Estate)

Joint Development Agreement (Real Estate) Template for Ireland

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Key Requirements PROMPT example:

Joint Development Agreement (Real Estate)

I need a Joint Development Agreement (Real Estate) for a residential development project in Dublin between our development company and a landowner, where we'll build 50 housing units with 15% allocated for social housing, with construction planned to start in March 2025.

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Document background
The Joint Development Agreement (Real Estate) is a crucial document used when multiple parties wish to collaborate on a property development project in Ireland. It is particularly relevant when different stakeholders bring distinct contributions to the project, such as land, capital, development expertise, or construction capabilities. The agreement needs to comply with Irish property law, including the Land and Conveyancing Law Reform Act 2009 and the Planning and Development Act 2000. It typically includes detailed provisions for project governance, profit sharing, risk allocation, and development obligations. This type of agreement is essential for complex development projects where parties need to clearly define their roles, responsibilities, and financial arrangements while ensuring proper risk management and project delivery structures are in place.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their registered addresses and company details

2. Background: Context of the development project, including description of the land and development objectives

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Project Scope and Objectives: Detailed description of the development project, including intended use and basic specifications

5. Land and Property Matters: Details of the development site, ownership structure, and any transfer arrangements

6. Financial Provisions: Investment commitments, cost sharing, profit distribution, and funding arrangements

7. Project Management: Management structure, decision-making processes, and appointment of key personnel

8. Development Obligations: Specific responsibilities of each party in relation to the development

9. Planning and Consents: Responsibilities for obtaining and maintaining necessary permits and approvals

10. Construction and Development: Construction obligations, timelines, and quality standards

11. Risk Allocation: Distribution of risks between parties and insurance requirements

12. Default and Termination: Events of default, consequences, and termination procedures

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Phasing Provisions: Include when development is to be completed in phases, detailing specific requirements for each phase

2. Environmental Obligations: Include when there are specific environmental concerns or requirements for the development

3. Community Obligations: Include when there are specific commitments to local community or social housing requirements

4. Sales and Marketing: Include when joint marketing of the development is planned

5. Intellectual Property: Include when branding or specific design rights need protection

6. Pre-letting Arrangements: Include when pre-letting or pre-sale arrangements are contemplated

7. Special Purpose Vehicle: Include when a separate joint venture company is being established

8. Third Party Rights: Include when specific provisions for funders or other third parties are required

Suggested Schedules

1. Property Description: Detailed description of the development site including plans and title information

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

3. Business Plan: Detailed financial projections, costings, and revenue assumptions

4. Project Timeline: Detailed development program and milestone dates

5. Planning Permissions: Copies or details of existing and required planning permissions

6. Construction Specifications: Detailed construction and technical specifications

7. Management Structure: Detailed governance and management procedures

8. Form of Collateral Warranties: Template warranties from contractors and consultants

9. Service Charge Provisions: Details of service charge arrangements if applicable

10. Forms of Notice: Template notices required under the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreed Form
Agreed Value
Business Day
Business Plan
Commencement Date
Completion
Construction Documents
Construction Programme
Development
Development Costs
Development Land
Development Management Agreement
Development Manager
Development Period
Development Permits
Development Programme
Development Property
Development Works
Dispute
Effective Date
Environmental Laws
Event of Default
Force Majeure
Good Industry Practice
Gross Development Value
Initial Business Plan
Investment Amount
Joint Development Account
Land Value
Local Authority
Long Stop Date
Management Committee
Material Adverse Effect
Net Development Value
Net Profit
Parties
Planning Permission
Professional Team
Project
Project Accounts
Project Costs
Project Documents
Project Manager
Property
Relevant Authority
Sales Proceeds
Secured Obligations
Security Interest
Services
Shareholder
Site
Specification
Statutory Requirements
Target Completion Date
Term
Third Party
Transaction Documents
VAT
Works
Working Capital
Clauses
Parties and Property
Interpretation
Conditions Precedent
Development Obligations
Land Transfer
Financial Contributions
Profit Share
Project Management
Decision Making
Planning and Consents
Construction Obligations
Development Programme
Cost Control
Quality Standards
Environmental Compliance
Health and Safety
Insurance
Intellectual Property
Confidentiality
Force Majeure
Default
Termination
Step-In Rights
Assignment and Transfer
Warranties and Representations
Liability and Indemnification
Dispute Resolution
Notices
Amendments
Governing Law
Entire Agreement
Severability
Third Party Rights
Competition Law
Data Protection
Anti-Corruption
Authority and Capacity
Costs and Expenses
Further Assurance
Counterparts
Relevant Industries

Real Estate

Construction

Property Development

Urban Planning

Infrastructure

Commercial Property

Residential Property

Mixed-use Development

Investment

Architecture

Relevant Teams

Legal

Real Estate

Development

Construction

Finance

Investment

Planning

Operations

Risk Management

Commercial

Project Management

Property

Relevant Roles

Chief Executive Officer

Development Director

Property Director

Project Manager

Legal Counsel

Construction Manager

Financial Director

Investment Manager

Land Acquisition Manager

Planning Director

Real Estate Director

Commercial Director

Risk Manager

Joint Venture Manager

Operations Director

Industries
Land and Conveyancing Law Reform Act 2009: Primary legislation governing property transactions in Ireland, including rules about property rights, covenants, and easements that may affect development
Planning and Development Act 2000: Regulates planning permission requirements, zoning, and development standards that must be adhered to in any real estate development project
Planning and Development Regulations 2001: Detailed regulations supporting the Planning and Development Act, specifying technical requirements and procedures for development
Building Control Act 2007: Sets standards for building construction and safety requirements that must be met in development projects
Environmental Protection Agency Act 1992: Establishes environmental protection requirements and assessments needed for development projects
Companies Act 2014: Governs company formations and joint ventures, relevant for structuring the development partnership
Partnership Act 1890: Provides legal framework for partnerships if the joint development is structured as a partnership rather than a corporate entity
Local Government (Planning and Development) Acts: Local planning requirements and regulations that may affect the development project
Multi-Unit Developments Act 2011: Relevant if the development involves multiple units or common areas
Construction Contracts Act 2013: Regulates payment practices in construction contracts and provides for dispute resolution mechanisms
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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