This Real Estate Joint Venture Agreement template is designed for use in the Netherlands, where real estate joint ventures are common vehicles for property investment and development. The document serves as a foundational agreement between parties looking to combine their resources, expertise, and capital for real estate ventures under Dutch law. It is particularly relevant in scenarios where parties wish to share risks and rewards in property development, investment, or management projects while maintaining clear governance structures and exit rights. The agreement accommodates various joint venture structures common in the Dutch market, from development projects to standing investment properties, and incorporates necessary provisions to comply with Dutch corporate, real estate, and tax regulations.
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1. Parties: Identification of the joint venture partners and their legal details
2. Background: Context of the joint venture formation and parties' objectives
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Formation of Joint Venture: Legal structure, name, and establishment of the JV entity
5. Purpose and Scope: Specific objectives and permitted activities of the joint venture
6. Capital Contributions: Initial and future capital contributions, including property assets
7. Ownership and Share Structure: Distribution of shares/ownership interests and rights
8. Property Assets: Details of real estate assets being contributed or acquired
9. Management and Control: Governance structure, voting rights, and decision-making processes
10. Business Plan and Budget: Initial business plan and budget approval process
11. Distribution Policy: Rules for profit distribution and reinvestment
12. Transfer Restrictions: Limitations on transfer of interests and right of first refusal
13. Exit Mechanisms: Procedures for exit including buy-sell provisions and deadlock resolution
14. Representations and Warranties: Standard and specific warranties regarding parties and properties
15. Confidentiality: Protection of confidential information
16. Term and Termination: Duration and grounds for termination
17. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices and amendments
1. Development Projects: Include when the JV involves property development activities
2. Financing Arrangements: Include when external financing is part of the structure
3. Asset Management: Include when specific asset management services are to be provided
4. Environmental Matters: Include when environmental risks need specific attention
5. Employment Matters: Include when the JV will have employees
6. Intellectual Property: Include when IP rights are relevant to the venture
7. Tax Matters: Include when specific tax structuring is required
8. Insurance: Include when specific insurance arrangements are needed
9. Competition Compliance: Include when competition law issues are relevant
10. Property Management: Include when specific property management arrangements are needed
1. Property Details: Detailed description of real estate assets including title information
2. Initial Business Plan: Detailed business plan for the first operational period
3. Capital Contributions Schedule: Detailed breakdown of each party's initial and committed contributions
4. Management Structure: Detailed governance structure and procedures
5. Reserved Matters: List of decisions requiring special approval
6. Service Level Agreements: Details of any service arrangements between parties
7. Form of Shareholders' Resolution: Template for shareholder resolutions
8. Property Warranties: Specific warranties relating to the real estate assets
9. Financial Model: Initial financial projections and assumptions
10. Transfer Procedures: Detailed procedures for share transfers and exits
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Financial Services
Investment Management
Property Management
Infrastructure
Commercial Property
Residential Property
Urban Development
Relevant Teams
Legal
Real Estate
Investment
Development
Finance
Asset Management
Property Management
Tax
Risk Management
Transaction Advisory
Corporate Development
Strategy
Capital Markets
Relevant Roles
Real Estate Director
Investment Manager
Legal Counsel
Development Director
Chief Investment Officer
Asset Manager
Property Manager
Transaction Manager
Finance Director
Portfolio Manager
Joint Venture Manager
Real Estate Partner (Legal)
Development Manager
Acquisitions Director
Fund Manager
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