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Development Fee Agreement
"I need a Development Fee Agreement for a large-scale mixed-use development project in Sydney, Australia, with a development manager who will be paid both fixed and performance-based fees, including provisions for milestone payments linked to construction phases starting March 2025."
1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement, including project overview and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Development Services: Detailed description of development services to be provided
5. Fee Structure: Comprehensive breakdown of development fees, calculation methods, and payment terms
6. Payment Terms: Timing, method, and conditions of payments
7. Project Milestones: Key project stages and associated deliverables
8. Obligations and Responsibilities: Detailed responsibilities of each party
9. Term and Termination: Duration of agreement and termination provisions
10. GST and Taxation: Treatment of taxes and GST provisions
11. Confidentiality: Protection of confidential information
12. Dispute Resolution: Process for resolving disputes
13. General Provisions: Standard legal provisions including notices, governing law, and assignment
1. Intellectual Property: Required when development involves creation of IP or use of existing IP
2. Performance Guarantees: Include when specific performance metrics or guarantees are required
3. Third Party Arrangements: Needed when project involves subcontractors or third-party services
4. Insurance Requirements: Detailed insurance obligations when project size/complexity warrants specific coverage
5. Environmental Compliance: Include for projects with significant environmental considerations
6. Force Majeure: Include for long-term projects or those with significant external risk factors
7. Security Provisions: Required when payment security or performance bonds are needed
8. Variations and Changes: Include for complex projects likely to require changes during development
1. Schedule 1 - Fee Calculation: Detailed methodology for calculating development fees
2. Schedule 2 - Development Services Scope: Comprehensive scope of development services
3. Schedule 3 - Project Timeline: Detailed project milestones and deadlines
4. Schedule 4 - Payment Schedule: Breakdown of payment amounts and timing
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Technical Requirements: Specific technical requirements and standards
7. Appendix A - Required Approvals: List of necessary regulatory approvals and permits
8. Appendix B - Site Details: Relevant property and site information
Authors
Real Estate
Property Development
Construction
Infrastructure
Commercial Property
Residential Development
Industrial Development
Retail Development
Urban Planning
Mixed-Use Development
Healthcare Facilities
Education Facilities
Hospitality
Legal
Development
Project Management
Finance
Commercial
Operations
Risk and Compliance
Investment
Property Management
Construction
Asset Management
Development Manager
Property Developer
Project Manager
Legal Counsel
Contract Manager
Development Director
Commercial Manager
Investment Manager
Property Manager
Construction Manager
Chief Financial Officer
Risk Manager
Development Coordinator
Asset Manager
Operations Director
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