Master Development Agreement Template for Philippines

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Key Requirements PROMPT example:

Master Development Agreement

"I need a Master Development Agreement for a mixed-use township project in Metro Manila, with construction starting March 2025, including provisions for phased development over 10 years and specific requirements for sustainable building practices and community integration."

Document background
The Master Development Agreement is a crucial document used in the Philippine real estate and construction industry for large-scale development projects. It serves as the foundational agreement between developers, landowners, and other stakeholders, establishing the framework for project execution, rights allocation, and risk management. This document is particularly important in the Philippine context due to the complex regulatory environment involving national and local government requirements, environmental regulations, and community considerations. The agreement typically includes detailed provisions for development rights, construction parameters, financial arrangements, and compliance requirements with Philippine laws. It is especially relevant for projects involving multiple phases, significant infrastructure components, or mixed-use developments where careful coordination and clear delineation of responsibilities are essential.
Suggested Sections

1. Parties: Identification of the developer, landowner, and any other key parties to the agreement

2. Background: Context of the development project, including property details and development objectives

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Development: Comprehensive description of the development project, including permitted uses and development parameters

5. Development Rights and Obligations: Rights granted to the developer and corresponding obligations

6. Project Timeline: Development phases, milestones, and completion deadlines

7. Financial Terms: Payment terms, development costs, profit sharing arrangements, and financial obligations

8. Approvals and Permits: Process for obtaining necessary governmental and regulatory approvals

9. Construction Requirements: Construction standards, quality requirements, and compliance obligations

10. Environmental Compliance: Environmental obligations and sustainability requirements

11. Representations and Warranties: Standard and specific representations by all parties

12. Risk Allocation: Distribution of risks between parties and insurance requirements

13. Default and Remedies: Events of default and corresponding remedies available to parties

14. Dispute Resolution: Process for resolving disputes, including arbitration provisions

15. Term and Termination: Duration of agreement and termination circumstances

16. General Provisions: Standard boilerplate clauses including notices, assignment, governing law

Optional Sections

1. Project Financing: Include when external financing is required, detailing financing arrangements and lender rights

2. Community Relations: Include for projects requiring significant community engagement or social impact management

3. Heritage Protection: Include when development affects cultural or historical sites

4. Infrastructure Development: Include when project requires significant infrastructure work beyond the main development

5. Marketing and Branding: Include when project involves commercial development with specific marketing requirements

6. Force Majeure: Include detailed force majeure provisions for areas prone to natural disasters

7. Local Employment: Include when project must meet specific local employment quotas or requirements

8. Phasing Rights: Include for large projects that may be developed in phases with conditional rights

9. Government Participation: Include when government entities have direct involvement or special rights

10. Special Economic Zone Provisions: Include for developments within special economic zones

Suggested Schedules

1. Property Description: Detailed legal description of the development property, including surveys and title information

2. Development Plans: Master plan, conceptual designs, and development specifications

3. Project Budget: Detailed development budget and cost estimates

4. Construction Schedule: Detailed timeline for construction phases and milestones

5. Required Approvals: List of required government permits, licenses, and approvals

6. Design Guidelines: Architectural and design standards for the development

7. Environmental Requirements: Environmental compliance requirements and mitigation measures

8. Technical Specifications: Detailed technical requirements for construction and infrastructure

9. Form of Contractors' Agreements: Standard forms for engagement of contractors

10. Quality Standards: Specific quality standards and inspection requirements

11. Performance Security Forms: Forms of performance bonds and other security instruments

12. Insurance Requirements: Detailed insurance requirements and minimum coverage levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate Development

Construction

Infrastructure

Commercial Property

Residential Development

Mixed-use Development

Industrial Development

Tourism and Hospitality

Urban Planning

Special Economic Zones

Relevant Teams

Legal

Project Development

Construction Management

Environmental Compliance

Finance

Property Management

Government Relations

Community Affairs

Technical Services

Risk Management

Relevant Roles

Chief Development Officer

Project Director

Real Estate Manager

Construction Manager

Legal Counsel

Environmental Compliance Manager

Urban Planning Director

Finance Director

Property Development Executive

Regulatory Compliance Officer

Community Relations Manager

Land Acquisition Manager

Infrastructure Development Manager

Contract Administrator

Risk Management Officer

Industries
Civil Code of the Philippines (Republic Act No. 386): Fundamental law governing contracts, obligations, and property rights in the Philippines. Essential for establishing basic contractual provisions and obligations between parties.
Presidential Decree No. 1096 (National Building Code): Provides comprehensive guidelines for building design, construction, occupancy, and maintenance. Critical for ensuring development compliance with national standards.
Environmental Impact Statement System (Presidential Decree No. 1586): Requires environmental impact assessments for development projects and establishes environmental compliance requirements.
Local Government Code (Republic Act No. 7160): Governs local government unit authority over development projects, including zoning, permits, and local regulations.
Labor Code of the Philippines (Presidential Decree No. 442): Regulates employment relationships and working conditions, crucial for labor aspects of development projects.
Urban Development and Housing Act (Republic Act No. 7279): Provides framework for urban land use, development planning, and housing requirements.
Foreign Investments Act (Republic Act No. 7042): Regulates foreign investment and participation in development projects, if applicable to foreign parties.
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019): Ensures compliance with anti-corruption measures in government-related transactions and permits.
Fire Code of the Philippines (Republic Act No. 9514): Establishes fire safety requirements for building design and construction.
Contractor's License Law (Republic Act No. 4566): Regulates licensing and operations of contractors involved in construction and development projects.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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