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Development Management Agreement
"I need a Development Management Agreement for a mixed-use residential and retail project in Ontario, with specific provisions for sustainability requirements and community engagement, where the development manager will have extensive authority over contractor selection and budget management."
1. Parties: Identification of the property owner/developer and the development manager
2. Background: Context of the development project and the parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the development manager and duration of the agreement
5. Scope of Services: Detailed description of development management services to be provided
6. Development Manager's Authority: Extent and limitations of the development manager's decision-making power
7. Client Obligations: Responsibilities and obligations of the property owner/developer
8. Fees and Payment Terms: Compensation structure, payment schedule, and reimbursable expenses
9. Project Budget and Cost Control: Budget parameters, cost reporting, and control procedures
10. Reporting and Communication: Required reports, meetings, and communication protocols
11. Standard of Care: Expected level of professional service and performance standards
12. Insurance and Liability: Required insurance coverage and liability limitations
13. Termination: Circumstances and procedures for ending the agreement
14. Confidentiality: Protection of confidential information and trade secrets
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Intellectual Property Rights: Required when development involves creation of unique designs or methodologies
2. Environmental Compliance: Needed for projects with significant environmental considerations
3. Force Majeure: Important for long-term projects or those with significant external risks
4. Assignment and Subcontracting: Required when there's potential for project transfer or significant subcontracting
5. Performance Bonuses: Include when incentive-based compensation is part of the agreement
6. Marketing and Branding: Necessary when development manager has responsibilities for project marketing
7. Sustainability Requirements: Include for projects with specific green building or sustainability goals
8. Community Engagement: Required for projects needing significant community consultation
1. Schedule A - Project Description: Detailed description of the development project including location, size, and objectives
2. Schedule B - Scope of Services: Comprehensive list of development management services and deliverables
3. Schedule C - Fee Schedule: Detailed breakdown of fees, payment milestones, and reimbursable expenses
4. Schedule D - Project Timeline: Key milestones, deadlines, and project phases
5. Schedule E - Key Personnel: List of key team members and their roles
6. Schedule F - Reporting Requirements: Templates and specifications for required reports
7. Schedule G - Project Budget: Detailed project budget and cost breakdown
8. Schedule H - Authority Matrix: Detailed decision-making and approval authorities
9. Appendix 1 - Insurance Requirements: Specific insurance types and coverage amounts required
10. Appendix 2 - Form of Progress Report: Standard template for progress reporting
Authors
Real Estate Development
Construction
Commercial Property
Residential Property
Mixed-use Development
Infrastructure Development
Industrial Development
Retail Development
Urban Planning
Project Management Services
Legal
Real Estate
Construction
Project Management
Development
Risk Management
Commercial
Operations
Finance
Procurement
Planning
Design
Technical Services
Development Manager
Project Director
Construction Manager
Real Estate Developer
Property Development Executive
Project Manager
Development Coordinator
Construction Director
Legal Counsel
Risk Manager
Contract Administrator
Commercial Director
Development Executive
Asset Manager
Property Manager
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