The Master Development Agreement is a fundamental document used in large-scale development projects in Ireland where multiple parties need to establish a comprehensive framework for project execution. It is particularly crucial when the development involves significant infrastructure, multiple phases, or complex planning requirements. The agreement addresses key aspects such as development rights, planning obligations, construction standards, and financial arrangements, all within the context of Irish law and regulatory requirements. This document is essential for projects requiring detailed coordination between developers, landowners, and often public authorities, incorporating specific provisions for compliance with Irish planning legislation, building regulations, and environmental standards. The Master Development Agreement serves as the primary contract governing the entire development process, from initial planning through to completion.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and high-level description of the development project
3. Definitions and Interpretation: Defined terms and interpretation rules for the agreement
4. Project Scope and Objectives: Detailed description of the development project and its intended outcomes
5. Development Obligations: Core obligations of the developer including construction, quality standards, and timelines
6. Planning and Consents: Requirements for obtaining and maintaining necessary planning permissions and consents
7. Project Programme: Timeline, milestones, and completion requirements
8. Financial Provisions: Payment terms, development costs, and financial obligations
9. Design and Construction Standards: Required standards, specifications, and quality requirements
10. Variations and Changes: Process for managing changes to the development scope or requirements
11. Risk Allocation and Insurance: Distribution of risks and insurance requirements
12. Warranties and Representations: Standard and specific warranties from both parties
13. Monitoring and Reporting: Progress reporting requirements and oversight mechanisms
14. Default and Remedies: Events of default and available remedies
15. Force Majeure: Provisions for unforeseen circumstances and their handling
16. Term and Termination: Duration, termination rights, and consequences
17. Dispute Resolution: Procedures for resolving disputes
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Phasing Provisions: Required for projects with multiple development phases
2. Environmental Requirements: Detailed environmental obligations for environmentally sensitive projects
3. Community Engagement: Requirements for community consultation and engagement in major public impact projects
4. Third Party Rights: Provisions relating to third party contractors or stakeholders
5. Intellectual Property: IP provisions where development involves significant design or technical innovations
6. Social Housing Requirements: For residential developments with social housing obligations
7. Funding Conditions: Where external funding arrangements need to be addressed
8. Pre-letting Arrangements: For developments with pre-agreed occupancy arrangements
1. Site Plans and Drawings: Detailed plans, maps and drawings of the development
2. Development Specification: Detailed technical specifications for the development
3. Programme of Works: Detailed timeline and scheduling information
4. Planning Permissions: Copies or details of relevant planning permissions and conditions
5. Financial Model: Detailed financial calculations and assumptions
6. Form of Collateral Warranties: Template warranties from contractors and consultants
7. Testing and Commissioning Requirements: Detailed requirements for practical completion
8. Environmental Impact Assessment: Environmental studies and mitigation measures
9. Service Level Requirements: Performance standards for any operational aspects
10. Form of Payment Notice: Template payment documentation
11. Key Personnel: Details of key project staff and responsibilities
12. Insurance Requirements: Detailed insurance specifications and requirements
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