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Development Lease Agreement

Development Lease Agreement Template for Nigeria

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Key Requirements PROMPT example:

Development Lease Agreement

"Need a Development Lease Agreement for a commercial shopping mall project in Lagos, Nigeria, with construction to commence by March 2025 and a 25-year lease term following completion; development must be completed within 36 months."

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Document background
The Development Lease Agreement is a specialized legal instrument used in Nigerian property development projects where the property owner grants both development rights and subsequent leasing rights to a developer. This agreement type is particularly relevant under the Nigerian legal framework, where the Land Use Act governs land rights and development permissions. It is commonly used for commercial, industrial, and mixed-use developments where the developer needs secure rights to both develop the property and operate it post-completion. The document typically includes detailed construction specifications, development timelines, regulatory compliance requirements, and future leasing terms. This agreement type is essential for large-scale development projects in Nigeria where the developer requires long-term control over the property to justify their investment in development.
Suggested Sections

1. Parties: Identification of the lessor (landowner) and lessee (developer), including their registered addresses and registration details

2. Background: Context of the agreement, including property details and development intention

3. Definitions: Defined terms used throughout the agreement, including technical development terms

4. Grant of Development Rights and Lease: The formal grant of rights to develop the property and subsequent lease terms

5. Development Obligations: Developer's obligations regarding construction, including timelines and standards

6. Development Period: Duration allowed for completion of development and conditions for extension

7. Lease Terms: Terms that will apply once development is complete and lease period begins

8. Rent and Other Payments: Financial terms including development period payments and subsequent lease rent

9. Approvals and Compliance: Requirements for obtaining necessary permits and compliance with laws

10. Construction Standards: Required building standards and quality specifications

11. Inspections and Certificates: Rights of inspection and required certificates during development

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Assignment and Subletting: Restrictions on transfer of rights

14. Default and Termination: Events of default and termination rights

15. Dispute Resolution: Mechanisms for resolving disputes

16. Governing Law: Confirmation of Nigerian law application and jurisdiction

Optional Sections

1. Environmental Protection: Additional environmental obligations where property is in environmentally sensitive area

2. Local Community Relations: Obligations regarding local community engagement where development impacts local communities

3. Special Development Conditions: For unique development requirements or restrictions based on location or property type

4. Force Majeure: Extended force majeure provisions for long-term developments

5. Step-In Rights: Rights of financiers to step in if developer defaults, relevant for financed developments

6. Utilities and Infrastructure: Special provisions for developments requiring significant infrastructure work

7. Phased Development: For projects to be developed in phases

8. Pre-lease Agreements: Where there are pre-agreed tenants for the developed property

Suggested Schedules

1. Property Description: Detailed description of land and existing structures

2. Development Plans: Architectural plans, drawings, and specifications

3. Construction Timeline: Detailed development milestones and completion dates

4. Approved Use: Permitted uses of the property during and after development

5. Rent Schedule: Detailed rent calculations and payment schedules

6. Technical Specifications: Detailed construction and material specifications

7. Required Approvals: List of required permits and approvals

8. Form of Completion Certificate: Template for development completion certification

9. Insurance Requirements: Detailed insurance specifications and minimum coverage

10. Environmental Standards: Specific environmental requirements and standards

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
Applicable Laws
Approved Plans
Architect
Building Permits
Certificate of Completion
Certificate of Occupancy
Commencement Date
Common Areas
Completion Date
Construction Period
Construction Schedule
Contract Sum
Contractor
Default Event
Development
Development Period
Development Plans
Development Rights
Development Site
Environmental Laws
Environmental Permits
Force Majeure
Governor's Consent
Gross Floor Area
Improvements
Land Use Act
Lease Commencement Date
Lease Period
Lease Term
Local Planning Authority
Material Adverse Change
Occupation Date
Permitted Use
Planning Permissions
Practical Completion
Premium
Project
Property
Quarterly Rent
Rent
Rent Commencement Date
Rent Review Date
Security Deposit
Service Charge
Specifications
State Authority
Statutory Authorities
Structural Alterations
Substantial Completion
Technical Specifications
Term
Utilities
Works
Clauses
Grant of Rights
Development Rights
Construction Obligations
Development Period
Planning and Permits
Development Standards
Quality Control
Inspection Rights
Completion Requirements
Lease Terms
Rent and Payment
Security Deposit
Service Charges
Insurance
Maintenance and Repair
Alterations
Assignment and Subletting
Environmental Compliance
Health and Safety
Force Majeure
Default and Remedies
Termination
Step-in Rights
Dispute Resolution
Governing Law
Representations and Warranties
Indemnification
Notices
Confidentiality
Local Content Requirements
Community Relations
Utilities and Services
Access Rights
Regulatory Compliance
Title and Quiet Enjoyment
Land Use Requirements
Building Standards
Environmental Protection
Construction Timeline
Payment Terms
Performance Security
Handover Requirements
Variations
Testing and Commissioning
Documentation Requirements
Relevant Industries

Real Estate Development

Commercial Property

Industrial Development

Infrastructure

Retail Development

Residential Development

Mixed-use Development

Healthcare Facilities

Educational Institutions

Hospitality and Tourism

Manufacturing

Logistics and Warehousing

Relevant Teams

Legal

Real Estate

Property Development

Construction

Commercial

Facilities Management

Investment

Asset Management

Risk and Compliance

Finance

Planning and Development

Project Management

Operations

Relevant Roles

Real Estate Development Manager

Property Director

Construction Project Manager

Legal Counsel

Development Director

Commercial Property Manager

Facilities Manager

Investment Manager

Asset Manager

Acquisitions Manager

Planning and Development Officer

Chief Development Officer

Real Estate Finance Manager

Construction Contract Manager

Property Portfolio Manager

Industries
Land Use Act 1978: The fundamental land law in Nigeria that governs land tenure, acquisition, and rights. It vests all land in the state governors and establishes the system of statutory and customary rights of occupancy.
Nigerian Urban and Regional Planning Act: Regulates urban development, zoning, and land use planning. Critical for understanding development permissions and restrictions in different areas.
Environmental Impact Assessment Act: Requires assessment of environmental impact for major development projects and stipulates environmental protection measures.
Nigerian Investment Promotion Commission Act: Relevant for foreign investors involved in development projects, governing investment terms and conditions.
Contract Laws of Nigeria: Based on common law principles, governing the formation and enforcement of contracts, including lease agreements.
National Building Code: Sets standards for building construction, safety requirements, and development specifications.
State-Specific Land and Property Laws: Various state-level laws that govern land use, development, and property rights in specific Nigerian states.
Federal Capital Territory Act: Specific regulations for development in Abuja, the federal capital territory, if the development is located there.
Registration of Titles Act: Governs the registration of property titles and interests in land, crucial for lease registration.
Nigerian Oil and Gas Industry Content Development Act: If the development involves oil and gas facilities, this act governs local content requirements in development projects.
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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