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Forward Funding Agreement
"I need a Forward Funding Agreement for a R500 million commercial office development in Cape Town, with monthly drawdowns and completion required by June 2025, including specific provisions for pre-letting requirements of at least 60% before first drawdown."
1. Parties: Identification of the Funder, Developer, and any other relevant parties to the agreement
2. Background: Context of the development project, purpose of the agreement, and summary of the arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Development Specifications: Detailed requirements for the development project, including scope, quality standards, and timelines
5. Funding Structure: Details of the funding arrangement, including total funding amount, drawdown conditions, and payment schedule
6. Conditions Precedent: Prerequisites that must be satisfied before the agreement becomes effective or before funding is provided
7. Developer's Obligations: Comprehensive list of developer's responsibilities, including construction, procurement, and project management
8. Funder's Obligations: Funder's commitments regarding funding provision and other responsibilities
9. Payment Mechanisms: Procedures for drawdown requests, payment certifications, and funding disbursement
10. Construction Monitoring: Rights and procedures for monitoring construction progress and quality
11. Warranties and Representations: Warranties given by each party regarding their capacity, authority, and project-related assurances
12. Security: Security arrangements including guarantees, bonds, or other forms of security
13. Insurance: Required insurance coverage for the development and parties
14. Default and Remedies: Events of default and corresponding remedies available to parties
15. Termination: Circumstances and procedures for agreement termination
16. Dispute Resolution: Procedures for resolving disputes between parties
17. General Provisions: Standard boilerplate clauses including notices, assignments, amendments, and governing law
1. Pre-letting Requirements: Specific requirements for pre-letting or pre-sales of the development, used when the funding is conditional on achieving certain pre-letting targets
2. Development Manager: Provisions relating to the appointment and duties of a development manager, included when a separate development manager is involved
3. Cost Overrun Provisions: Detailed provisions for handling cost overruns, included when specific cost overrun mechanisms are required
4. Environmental Compliance: Specific environmental obligations and compliance requirements, included for developments with significant environmental impacts
5. Social Housing Component: Requirements relating to social housing elements, included when the development includes affordable housing obligations
6. Step-In Rights: Provisions allowing the funder to take over the development in certain circumstances, included for higher-risk developments
7. Third Party Rights: Provisions relating to third party rights and obligations, included when there are significant third party stakeholders
8. VAT and Tax Provisions: Detailed tax structuring provisions, included when complex tax arrangements are involved
1. Development Specifications: Detailed technical specifications, plans, and drawings for the development
2. Project Programme: Detailed construction program including milestones and completion dates
3. Budget and Cost Plan: Detailed development budget and cost breakdown
4. Form of Drawdown Notice: Template for drawdown requests and supporting documentation
5. Professional Team: List of approved professional team members and their roles
6. Form of Collateral Warranties: Template warranties from contractors and professional team
7. Payment Schedule: Detailed schedule of payment milestones and amounts
8. Required Insurances: Specific insurance requirements and minimum coverage levels
9. Property Description: Legal description and details of the development site
10. Planning Permissions: Copies of relevant planning permissions and conditions
11. Form of Practical Completion Certificate: Template for certification of practical completion
12. Security Documents: Forms of security documents including guarantees and bonds
Authors
Real Estate
Construction
Financial Services
Banking
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Infrastructure Development
Mixed-use Development
Legal
Real Estate
Property Finance
Development
Construction
Investment
Risk Management
Commercial
Project Management
Treasury
Compliance
Property Management
Property Development Director
Investment Manager
Real Estate Finance Manager
Construction Manager
Legal Counsel
Project Manager
Development Manager
Fund Manager
Chief Investment Officer
Property Finance Officer
Risk Manager
Commercial Director
Financial Director
Development Director
Construction Director
Head of Real Estate
Senior Banker
Property Lawyer
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