Real Estate Development Partnership Agreement Template for Philippines

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Key Requirements PROMPT example:

Real Estate Development Partnership Agreement

"I need a Real Estate Development Partnership Agreement for a joint venture between our local Philippine development company and a Singapore-based investor to develop a mixed-use commercial complex in Makati City, with specific provisions for foreign ownership compliance and a phased development approach starting March 2025."

Document background
The Real Estate Development Partnership Agreement is a crucial document used when two or more parties wish to collaborate on real estate development projects in the Philippines. This agreement is particularly important given the complex regulatory environment in Philippine real estate development, which includes restrictions on foreign ownership, local government regulations, and specific development requirements. The document typically covers all aspects of the partnership from formation to dissolution, including capital contributions, profit sharing, management structure, development obligations, and exit strategies. It must comply with various Philippine laws including the Civil Code, Corporation Code, and specific real estate development regulations. This agreement is commonly used for both commercial and residential developments, and can be adapted for various scales of projects from single building developments to large-scale mixed-use complexes.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal status and addresses

2. Background: Context of the agreement, including project overview and parties' intentions

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

4. Partnership Structure: Legal structure of the partnership, including ownership percentages and registration requirements

5. Project Scope: Detailed description of the development project, including location, type of development, and key components

6. Capital Contributions: Details of initial and ongoing capital contributions from each partner

7. Profit Sharing and Distribution: Framework for sharing profits, losses, and cash distributions

8. Management and Control: Governance structure, decision-making processes, and management responsibilities

9. Development Requirements: Specific requirements for the development, including permits, approvals, and compliance obligations

10. Rights and Obligations: Detailed rights and obligations of each partner

11. Representations and Warranties: Standard and specific representations and warranties from each party

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Dispute Resolution: Procedures for resolving disputes between partners

14. Confidentiality: Provisions regarding confidential information and its protection

15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Foreign Ownership Provisions: Required when one or more partners are foreign entities, addressing compliance with Philippine foreign ownership restrictions

2. Environmental Compliance: Detailed section required for projects with significant environmental impact

3. Community Relations: Required for projects affecting local communities or requiring significant community engagement

4. Intellectual Property: Required when the development includes unique designs or proprietary methods

5. Marketing and Branding: Required when specific marketing arrangements or branding rights need to be addressed

6. Construction Management: Detailed section required when one partner has specific construction responsibilities

7. Financing Arrangements: Required when external financing is part of the development structure

8. Phase Development: Required for projects that will be developed in multiple phases

Suggested Schedules

1. Property Details: Legal description of the property, including titles and surveys

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

3. Capital Contribution Schedule: Detailed breakdown of capital contributions, including timing and form

4. Project Timeline: Detailed project schedule with milestones and deadlines

5. Budget and Financial Projections: Detailed project budget and financial forecasts

6. Management Structure: Organizational chart and key personnel

7. Required Permits and Approvals: List of required governmental and regulatory approvals

8. Insurance Requirements: Detailed insurance specifications and requirements

9. Environmental Reports: Environmental impact assessments and related reports

10. Form of Various Notices: Templates for required notices 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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Infrastructure

Urban Planning

Commercial Property

Residential Property

Mixed-Use Development

Hospitality

Retail

Industrial Development

Relevant Teams

Legal

Real Estate Development

Project Management

Finance

Compliance

Construction Management

Business Development

Investment

Property Management

Urban Planning

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Real Estate Development Manager

Project Director

Legal Counsel

Chief Financial Officer

Investment Manager

Development Director

Construction Manager

Property Manager

Land Acquisition Manager

Business Development Director

Compliance Officer

Urban Planning Director

Joint Venture 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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