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Development Rights Agreement
"I need a Development Rights Agreement for a 5-acre commercial property in Bangalore, where we're planning a mixed-use development with retail and office spaces, including provisions for green building certification and phased construction starting March 2025."
1. Parties: Identification of the property owner(s) and developer with complete details
2. Background: Context of the agreement, property details, and development intention
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Development Rights: Specific rights being granted to the developer and their scope
5. Consideration: Financial terms, payment structure, and sharing arrangements
6. Developer's Obligations: Responsibilities of the developer including construction, approvals, and timelines
7. Owner's Obligations: Responsibilities of the property owner including cooperation and documentation
8. Representations and Warranties: Statements of fact and assurances by both parties
9. Development Parameters: Specifications of the development including FSI, built-up area, and usage
10. Approvals and Permissions: Process and responsibility for obtaining necessary regulatory approvals
11. Project Timeline: Construction schedule, milestones, and completion dates
12. Term and Termination: Duration of agreement and circumstances for termination
13. Dispute Resolution: Mechanism for resolving disputes between parties
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction
1. Environmental Compliance: Required when development involves environmental clearances or impacts
2. Rehabilitation of Existing Occupants: Needed when property has existing tenants or occupants requiring relocation
3. Phased Development: Used when development is planned in multiple phases
4. Marketing Rights: Included when developer needs rights to market the project before completion
5. Third Party Rights: Required when there are existing third-party interests in the property
6. Special Development Rights: For cases involving TDR (Transfer of Development Rights) or additional FSI purchase
7. Revenue Sharing Mechanism: Detailed terms when profit sharing is part of consideration
1. Property Details: Complete legal description of property with boundaries and measurements
2. Title Documents: List of property ownership documents and title chain
3. Development Specifications: Detailed architectural plans, layouts, and construction specifications
4. Payment Schedule: Detailed breakdown of payments and consideration structure
5. Construction Timeline: Detailed project schedule with milestones and deadlines
6. Existing Encumbrances: List of current liens, mortgages, or other encumbrances on property
7. Approved Plans: Copies of approved building plans and sanctions
8. Power of Attorney: Format of power of attorney to be executed in favor of developer
9. Form of Notices: Standard formats for various notices under the agreement
10. List of Approvals: Comprehensive list of required regulatory approvals and their status
Authors
Real Estate
Construction
Urban Development
Infrastructure
Commercial Property
Residential Property
Mixed-Use Development
Industrial Development
Special Economic Zones
Township Development
Legal
Real Estate
Property Development
Construction
Project Management
Compliance
Urban Planning
Land Acquisition
Finance
Operations
Real Estate Developer
Property Lawyer
Legal Counsel
Project Manager
Development Director
Land Acquisition Manager
Construction Manager
Real Estate Manager
Compliance Officer
Urban Planning Director
Property Rights Specialist
Real Estate Consultant
Development Operations Manager
Chief Development Officer
Real Estate Finance Manager
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