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Master Development Agreement
"I need a Master Development Agreement for a mixed-use development project in Cape Town, with particular focus on BEE compliance and green building requirements, where construction will commence in March 2025."
1. Parties: Identification of the contracting parties, including developer, landowner, and any other key stakeholders
2. Background: Context of the development project, including property details and development vision
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Development Rights and Obligations: Core rights granted to developer and corresponding obligations
5. Development Program: Timeline, milestones, and phasing of the development
6. Financial Provisions: Payment terms, development costs, profit sharing arrangements
7. BEE Compliance: Black Economic Empowerment commitments and compliance requirements
8. Approvals and Compliance: Process for obtaining necessary regulatory approvals and maintaining compliance
9. Environmental Management: Environmental obligations and compliance requirements
10. Construction Obligations: Construction standards, quality requirements, and contractor obligations
11. Risk Allocation: Distribution of risks between parties
12. Insurance: Required insurance coverage and obligations
13. Default and Termination: Events of default, remedies, and termination provisions
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, assignment, amendments
1. Project Finance: Detailed financing arrangements when external project finance is required
2. Community Engagement: Obligations regarding community consultation and benefits when development affects local communities
3. Infrastructure Development: Specific provisions for infrastructure requirements when significant infrastructure development is needed
4. Sales and Marketing: Requirements for marketing and selling development units in residential or commercial developments
5. Property Management: Post-completion management obligations for developments requiring ongoing management
6. Intellectual Property: IP provisions when development involves unique designs or branding
7. Employment and Skills Development: Local employment and skills development commitments for large-scale projects
1. Property Description: Detailed description of the development property including plans and surveys
2. Development Program: Detailed timeline and milestones for the development
3. Development Specifications: Technical specifications and requirements for the development
4. Financial Model: Detailed financial projections and assumptions
5. Required Approvals: List of required regulatory and other approvals
6. BEE Requirements: Detailed BEE scoring requirements and compliance metrics
7. Environmental Management Plan: Detailed environmental management requirements and procedures
8. Form of Guarantees: Templates for required guarantees and security
9. Professional Team: List of approved professional team members and their roles
10. Design Guidelines: Architectural and design standards for the development
Authors
Real Estate Development
Construction
Infrastructure Development
Commercial Property
Residential Property
Mixed-use Development
Urban Planning
Industrial Development
Retail Development
Hospitality Development
Legal
Development
Construction
Finance
Operations
Compliance
Environmental
Commercial
Technical
Risk Management
Project Management
Development Director
Project Manager
Legal Counsel
Construction Manager
Environmental Compliance Officer
Finance Director
Urban Planner
Property Developer
Development Executive
Risk Manager
Commercial Director
Technical Director
Operations Manager
Compliance Officer
BEE Manager
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