The Real Estate Joint Venture Agreement is a crucial document used when two or more parties wish to collaborate on real estate development projects in the Philippines. It's particularly relevant when combining different types of contributions (such as land, capital, or expertise) and requires careful structuring to comply with Philippine foreign ownership restrictions and local regulations. This agreement type is essential for large-scale development projects, mixed-use developments, or when local entities partner with foreign investors. The document addresses key aspects including capital contributions, profit sharing, management control, development timelines, and regulatory compliance. It's specifically tailored to Philippine jurisdiction requirements, including local government permits, environmental regulations, and property registration requirements. The agreement should be drafted with consideration of the Civil Code of the Philippines, the Foreign Investments Act, and various real estate and construction regulations.
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1. Parties: Identification of the joint venture partners, including complete legal names, addresses, and registration details
2. Background: Context of the joint venture, including the purpose and objectives of the collaboration
3. Definitions: Definitions of key terms used throughout the agreement
4. Formation of Joint Venture: Legal establishment of the joint venture, including structure and registration requirements
5. Project Description: Detailed description of the real estate project, including location, scope, and development plans
6. Contributions of Parties: Specific contributions of each party (land, capital, expertise, etc.) and their valuations
7. Ownership and Profit Sharing: Distribution of ownership interests and mechanism for profit sharing
8. Management and Control: Governance structure, decision-making processes, and management responsibilities
9. Financial Provisions: Capital requirements, funding mechanisms, and financial management procedures
10. Development and Construction: Construction timeline, responsibilities, and requirements
11. Representations and Warranties: Statements of fact and assurances from each party
12. Compliance and Permits: Responsibilities for obtaining necessary permits and ensuring regulatory compliance
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Dispute Resolution: Procedures for resolving disputes between parties
15. Governing Law: Specification of Philippine law as governing law and jurisdiction
16. General Provisions: Standard clauses including notices, amendments, and severability
1. Environmental Compliance: Specific environmental obligations and commitments, required when project involves environmental sensitivities
2. Marketing and Sales: Terms regarding property marketing and sales strategies, needed for development projects intended for sale
3. Intellectual Property: Protection of IP rights, needed when project involves unique designs or branded concepts
4. Employment: Terms regarding hiring and employment policies, needed when joint venture will directly employ staff
5. Insurance: Specific insurance requirements, recommended for high-value projects
6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term projects
7. Anti-Corruption Compliance: Specific anti-corruption provisions, needed when dealing with government contracts or international parties
1. Schedule A - Property Details: Detailed description of the real estate property, including technical specifications and boundaries
2. Schedule B - Development Plans: Architectural plans, designs, and development specifications
3. Schedule C - Financial Model: Detailed financial projections and investment returns
4. Schedule D - Contribution Schedule: Detailed breakdown of each party's contributions and timing
5. Schedule E - Construction Timeline: Detailed construction milestones and deadlines
6. Schedule F - Management Structure: Organizational chart and management procedures
7. Schedule G - Required Permits: List of required governmental and regulatory permits
8. Appendix 1 - Land Title Documents: Copies of land titles and registration documents
9. Appendix 2 - Corporate Documents: Corporate registration documents of all parties
10. Appendix 3 - Environmental Permits: Copies of environmental clearances and permits
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Construction
Property Management
Commercial Real Estate
Residential Development
Industrial Development
Hospitality
Retail Development
Mixed-use Development
Infrastructure Development
Relevant Teams
Legal
Real Estate Development
Finance
Project Management
Business Development
Compliance
Investment
Construction Management
Risk Management
Corporate Affairs
Relevant Roles
Chief Executive Officer
Real Estate Development Director
Legal Counsel
Chief Financial Officer
Project Manager
Investment Manager
Property Development Manager
Construction Manager
Business Development Director
Compliance Officer
Real Estate Investment Analyst
Joint Venture Manager
Land Acquisition Manager
Corporate Secretary
Risk Manager
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