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Jv Agreement Between Landowner And Developer

Jv Agreement Between Landowner And Developer Template for Philippines

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Jv Agreement Between Landowner And Developer

"I need a JV Agreement between Landowner and Developer for a mixed-use development project in Manila, Philippines, where the landowner contributes a 5-hectare parcel and the developer will build a combination of residential towers and retail spaces, with project completion targeted for March 2025."

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Document background
The JV Agreement Between Landowner And Developer is a crucial document in Philippine real estate development, typically used when a landowner wishes to develop their property but lacks the expertise or capital to do so independently. This agreement enables the landowner to contribute their land while partnering with a developer who provides development expertise, construction capabilities, and financial resources. The document must comply with Philippine property laws, including the Civil Code, Corporation Code, and various real estate regulations. It's particularly important in urban areas where property development is active and land values are high. The agreement covers essential elements such as property details, development plans, profit-sharing mechanisms, construction timelines, and risk allocation, while ensuring compliance with local zoning laws, environmental regulations, and building codes.
Suggested Sections

1. Parties: Identification of the Landowner and Developer, including complete legal names and addresses

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

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

4. Property Details: Detailed description of the land, including title information and encumbrances

5. Joint Venture Structure: Legal structure of the JV, including ownership percentages and capital contributions

6. Contributions of Parties: Specific contributions from each party - land from Landowner, development expertise and capital from Developer

7. Development Plan: Overview of the proposed development, including project scope and timeline

8. Rights and Obligations: Detailed responsibilities of each party throughout the development process

9. Profit Sharing: Framework for sharing revenues, profits, and losses

10. Management and Control: Decision-making process and control mechanisms for the project

11. Representations and Warranties: Standard and specific warranties from both parties

12. Term and Timelines: Duration of the agreement and key project milestones

13. Default and Remedies: Events of default and corresponding remedies

14. Termination: Grounds for termination and consequences

15. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Pre-Development Conditions: Conditions that must be met before development can commence, used when specific permits or clearances are needed

2. Marketing and Sales: Include when the agreement covers the sales process of developed units

3. Environmental Compliance: Detailed section when the project requires specific environmental permits or has significant environmental impacts

4. Community Relations: Include when the project requires significant community engagement or has social impact considerations

5. Intellectual Property: Include when the development involves unique designs or branding elements

6. Insurance: Detailed insurance requirements, particularly for high-risk or large-scale developments

7. Force Majeure: Detailed provisions for unforeseen circumstances, particularly important for long-term developments

8. Anti-Corruption Compliance: Include for large-scale projects or when dealing with government approvals

Suggested Schedules

1. Property Documents: Title documents, land surveys, and technical description of the property

2. Development Plans: Architectural plans, renderings, and technical specifications

3. Project Timeline: Detailed development schedule with milestones

4. Financial Projections: Business plan, cost estimates, and revenue projections

5. Permits and Licenses: List of required permits and status

6. Profit Sharing Calculations: Detailed methodology for calculating and distributing profits

7. Management Structure: Organizational chart and management procedures

8. Form of Progress Reports: Template for regular project status updates

9. Environmental Compliance Documents: Environmental permits and compliance requirements

10. Form of Construction Contracts: Template or key terms for construction agreements

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
Agreement
Applicable Laws
Approvals
Business Day
Capital Contribution
Commencement Date
Completion Date
Confidential Information
Construction Schedule
Development Costs
Development Period
Development Plan
Development Rights
Effective Date
Environmental Laws
Force Majeure Event
Gross Floor Area
Gross Revenue
Improvements
Joint Venture
Land
Landowner's Contribution
License
Material Adverse Change
Net Profit
Permits
Phase
Project
Project Manager
Property
Profit Share
Revenue Share
Sale Price
Schedule of Works
Selling Costs
Substantial Completion
Technical Specifications
Term
Title Documents
Units
Zoning Laws
Developer's Contribution
Development Fee
Marketing Plan
Operating Expenses
Project Account
Project Budget
Project Milestones
Quality Standards
Related Party
Security Interest
Clauses
Property Rights
Capital Contribution
Development Rights
Profit Sharing
Revenue Sharing
Management Rights
Decision Making
Voting Rights
Construction Obligations
Development Timeline
Project Milestones
Quality Standards
Representations and Warranties
Confidentiality
Non-Competition
Environmental Compliance
Regulatory Compliance
Insurance
Indemnification
Force Majeure
Default
Remedies
Termination
Assignment
Change of Control
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Further Assurance
Costs and Expenses
Marketing Rights
Intellectual Property
Health and Safety
Labor Compliance
Anti-Corruption
Data Protection
Security
Reporting Requirements
Audit Rights
Bank Accounts
Distribution Policy
Transfer Restrictions
Tag-Along Rights
Drag-Along Rights
First Refusal Rights
Relevant Industries

Real Estate

Construction

Property Development

Urban Planning

Architecture

Infrastructure

Residential Development

Commercial Development

Mixed-use Development

Land Development

Relevant Teams

Legal

Real Estate

Development

Construction

Project Management

Finance

Compliance

Property Management

Design

Urban Planning

Investment

Relevant Roles

Real Estate Developer

Property Owner

Real Estate Attorney

Project Manager

Development Director

Chief Executive Officer

Chief Financial Officer

Land Acquisition Manager

Construction Manager

Legal Counsel

Property Manager

Urban Planner

Architect

Development Executive

Investment Manager

Real Estate Consultant

Industries
Civil Code of the Philippines (Republic Act No. 386): Governs general contract principles, obligations, and contracts including provisions on partnerships and joint ventures
Corporation Code of the Philippines (Batas Pambansa Blg. 68): Regulates the formation and operation of joint ventures when structured as corporations
Presidential Decree No. 957: The Subdivision and Condominium Buyers' Protective Decree - regulates land development and subdivision projects
Republic Act No. 6541 (National Building Code): Provides the framework for building standards and requirements in development projects
Local Government Code (Republic Act No. 7160): Contains provisions on local government permits, licenses, and zoning regulations affecting property development
Environmental Impact Statement System (Presidential Decree No. 1586): Requires environmental impact assessments for development projects
National Internal Revenue Code: Governs taxation aspects of joint ventures and real estate transactions
Republic Act No. 11521 (Anti-Money Laundering Act): Relevant for large real estate transactions and business partnerships to ensure compliance with anti-money laundering regulations
Urban Development and Housing Act (Republic Act No. 7279): Provides guidelines for urban land reform and housing development
Comprehensive Agrarian Reform Law: Important to verify if the land is covered by agrarian reform and any related restrictions
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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