Land Owner And Developer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Land Owner And Developer Agreement

"I need a Land Owner and Developer Agreement for a mixed-use residential and commercial development project in Auckland, New Zealand, where the developer will construct a 20-story building with the landowner receiving 30% profit share."

Document background
The Land Owner And Developer Agreement is a crucial document used in New Zealand property development projects when a landowner wishes to engage a developer to undertake development on their land. This agreement type is particularly relevant in the New Zealand context where development must comply with the Resource Management Act 1991 and various local authority requirements. It establishes the commercial relationship between the parties, sets out development rights and obligations, details financial arrangements, and addresses consent requirements. The agreement typically includes provisions for resource consents, development timeframes, risk allocation, and profit sharing arrangements. It may also need to address specific considerations such as iwi consultation, heritage protection, or infrastructure requirements depending on the property's location and characteristics.
Suggested Sections

1. Parties: Identification and details of the land owner and developer, including company registration numbers and addresses

2. Background: Context of the agreement, description of the land, and overall development intention

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

4. Development Rights: Grant of rights to the developer to access and develop the land

5. Development Obligations: Developer's core obligations regarding the development, including timeframes and standards

6. Land Owner Obligations: Land owner's obligations including providing access and cooperation

7. Development Process: Detailed steps of the development process, including approvals and consents

8. Financial Terms: Payment terms, profit sharing, and financial obligations between parties

9. Resource Consents: Obligations and process for obtaining necessary resource consents

10. Title and Ownership: Provisions regarding land title, subdivision, and ownership arrangements

11. Risk and Insurance: Allocation of risks and required insurance coverage

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

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Māori Land Provisions: Required when development involves Māori land or interests

2. Heritage Protection: Required when the site contains heritage elements requiring protection

3. Environmental Management: Detailed environmental obligations when site has specific environmental sensitivities

4. Infrastructure Contributions: When development requires significant infrastructure upgrades or connections

5. Marketing and Sales: Required when agreement includes provisions about marketing and selling developed properties

6. Staged Development: When development will occur in multiple stages

7. Community Consultation: When development requires specific community engagement processes

8. Joint Venture Provisions: When arrangement is structured as a joint venture rather than straight development agreement

Suggested Schedules

1. Schedule 1 - Land Description: Detailed legal description of the land including title references and plans

2. Schedule 2 - Development Plans: Architectural and engineering plans for the proposed development

3. Schedule 3 - Development Program: Detailed timeline and milestones for the development

4. Schedule 4 - Financial Terms: Detailed financial calculations, profit share arrangements, and payment schedules

5. Schedule 5 - Consent Requirements: List of required consents and approvals

6. Schedule 6 - Design Guidelines: Specific design requirements and standards for the development

7. Schedule 7 - Construction Requirements: Detailed construction specifications and standards

8. Schedule 8 - Insurance Requirements: Specific insurance policies and coverage requirements

9. Appendix A - Due Diligence Results: Summary of due diligence investigations and findings

10. Appendix B - Professional Team: List of key consultants and contractors involved in the development

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

Property Development

Construction

Infrastructure

Urban Planning

Architecture

Environmental Services

Legal Services

Property Investment

Relevant Teams

Legal

Property Development

Commercial

Construction

Planning

Finance

Risk Management

Project Management

Environmental Compliance

Real Estate

Relevant Roles

Property Developer

Development Manager

Project Manager

Real Estate Manager

Construction Manager

Legal Counsel

Property Lawyer

Urban Planner

Development Director

Land Acquisition Manager

Resource Management Specialist

Commercial Manager

Finance Director

Risk Manager

Property Investment 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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