The most common strategies we face to achieve a fiscally effective balance are land pool trusts and cross options. Landpool`s trust companies often include a fiduciary corporation (a declaration covering the existence of a trust), a joint ownership agreement (similar to a cooperation agreement on issues such as shares. B decisions made) and a transfer of funds (transfer of assets to the trust). Cross options include that each landowner gives other landowners an option on their land, which will be released after receiving an agreed amount. In our Spring 2018 newsletter, Robert Field examined some of the tax considerations in which landowners pool land for development. This article aims to introduce some of the agreements that typically occur when merging landowners for development and some of the common issues beyond tax. Protecting your intellectual property is a challenge, especially when concluding a common development agreement or “JDA.” If two or more organizations want to collaborate to develop or improve their products, combine or integrate their technologies or market a new product together, they have many opportunities to document their relationship. If cooperation is simple and development is minimal, parties can use standard licensing agreements and orders. If the parties are considering starting an active business and making substantial investments, the creation of a separate joint venture may be the best way forward. However, in many cases, a joint development or cooperation agreement provides the appropriate framework – the definition of a set of rules adapted to the relationship without overhead and the complexity of a separate joint venture. This first describes important points of the contract, which frequently occur in the JDDs, and aims to provide points for review and lists of points that the lawyer must take into account when preparing and negotiating a JDA, including intellectual property rights arising from development work. A good dispute settlement clause is necessary to ensure (unless unanimity is required) that the project can proceed in the event of disagreement.
Sometimes owners want to agree on a list of experts right away, although it can be difficult to look too far into the future. Landowners will want to control the negotiation of Section 106 agreements to reflect how development will be phased in. Landowners will not want to inadvertently trigger a Section 106 payment (including moving the infrastructure before the first sale) and will want to ensure that payments are reasonable for each phase.