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Real Estate Development Term Sheet Template for Australia

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Key Requirements PROMPT example:

Real Estate Development Term Sheet

"I need a Real Estate Development Term Sheet for a mixed-use development project in Brisbane, Australia, involving a joint venture between our development company and a major retail chain, with construction planned to commence in March 2025 and estimated project value of AUD 150 million."

Document background
The Real Estate Development Term Sheet is a crucial preliminary document used in Australian property development projects to establish the framework for negotiations and subsequent detailed agreements. It is typically employed at the initial stages of a development project when parties have identified a potential opportunity and need to document their preliminary understanding and commercial intent. The document captures essential terms including project scope, commercial arrangements, risk allocation, and key responsibilities while remaining generally non-binding. It serves as a roadmap for the development process and subsequent detailed documentation, incorporating considerations specific to Australian property law, planning regulations, and development requirements. This term sheet is particularly valuable in complex development projects where multiple stakeholders are involved and where significant due diligence and regulatory approvals are required before proceeding to definitive agreements.
Suggested Sections

1. Parties: Identification of all parties involved, including developer, landowner, and any other key stakeholders

2. Background: Context of the proposed development, including property details and development concept

3. Definitions: Key terms used throughout the document

4. Project Overview: High-level description of the proposed development project

5. Development Parameters: Key metrics including proposed GFA, usage types, and development timeline

6. Commercial Terms: Core financial terms including land value, development costs, and profit sharing arrangements

7. Key Responsibilities: Primary obligations of each party during the development process

8. Conditions Precedent: Prerequisites that must be satisfied before proceeding with the development

9. Timeline: Key dates and milestones for the development process

10. Funding Structure: Overview of how the development will be funded and any equity arrangements

11. Risk Allocation: Preliminary agreement on how various project risks will be allocated between parties

12. Exclusivity: Terms of exclusive negotiation period

13. Confidentiality: Obligations regarding confidential information

14. Binding Nature: Specification of which terms are binding and non-binding

15. Execution and Next Steps: Process for moving forward and developing detailed agreements

Optional Sections

1. Third Party Rights: Required when there are existing third-party interests or rights that need to be addressed

2. Environmental Considerations: Include when there are specific environmental challenges or requirements

3. Indigenous Land Rights: Required when the development may impact Indigenous lands or rights

4. Heritage Considerations: Include when the property has heritage significance or restrictions

5. Stage Development: Required for projects that will be developed in multiple stages

6. Pre-sales Requirements: Include when there are specific pre-sales targets before development can commence

7. Planning Approval Process: Required when specific planning challenges or requirements need to be addressed

8. Community Consultation: Include when community engagement is a significant factor

9. Infrastructure Contributions: Required when there are significant infrastructure requirements or contributions

Suggested Schedules

1. Site Plan: Preliminary plans showing the development site and proposed layout

2. Development Program: Detailed timeline of development stages and milestones

3. Financial Model Summary: Key financial projections and assumptions

4. Planning Parameters: Summary of relevant planning controls and requirements

5. Due Diligence Checklist: List of required due diligence items and status

6. Proposed Project Team: Key consultants and their roles

7. Cost Schedule: Breakdown of anticipated development costs

8. Authority Requirements: Summary of key regulatory approvals required

9. Environmental Reports Summary: Overview of environmental studies completed or required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Construction

Property Development

Urban Planning

Infrastructure

Commercial Property

Residential Property

Mixed-Use Development

Retail Development

Industrial Development

Relevant Teams

Legal

Development

Finance

Investment

Planning

Construction

Risk & Compliance

Commercial

Property

Project Management

Asset Management

Acquisitions

Relevant Roles

Development Director

Property Developer

Real Estate Manager

Project Manager

Development Manager

Chief Financial Officer

Investment Manager

Legal Counsel

Planning Manager

Construction Manager

Asset Manager

Development Executive

Acquisitions Manager

Risk Manager

Commercial Director

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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