Pre-Development Phase Clause Samples
The Pre-Development Phase clause defines the initial stage of a project before actual development activities begin. It typically outlines the preparatory steps required, such as feasibility studies, site assessments, securing permits, or finalizing design specifications. This clause ensures that all necessary groundwork is completed and agreed upon by the parties, thereby reducing the risk of delays or misunderstandings once development commences.
Pre-Development Phase. During the pre-development phase of the Development Work, Developer’s responsibilities will include, without limitation, the following, to the extent not previously completed:
(a) To the extent required for functions not handled by the previously-retained Specialists and Consultants identified on Exhibit B, recommending to Owner planning, architectural, engineering, interior design and other specialists and consultants for the Development Work (collectively, the “Specialists and Consultants”), coordinating the process for the selection by Owner of such Specialists and Consultants for the Development Work (including a competitive bidding process, if requested by Owner), reviewing and analyzing proposals from such Specialists and Consultants, and, following approval thereof by Owner, preparation and/or review and evaluation of proposed contracts between Owner and such Specialists and Consultants and the negotiation of such proposed contracts (it being understood that all such contracts shall be signed by Owner and, therefore, are subject to Owner’s prior approval);
(b) Assisting Owner in establishing the design criteria of the Development Work;
(c) Supervising the preparation of boundary and topographic surveys of the Property or applicable portions thereof;
(d) Supervising the preparation of environmental site assessments and geotechnical reports of the Property to the extent not yet prepared by or on behalf of Owner by Developer;
(e) Supervising the preparation of site plans showing the location of roads, utilities, buildings, parking areas and other improvements to be constructed in connection with the Development Work;
(f) Analyzing the entitlements required for the proposed Project including zoning, parking requirements, traffic studies, site plan approvals, wetlands permits, DOT access permits, resubdivision requirements, offsite improvements, environmental approvals, etc.;
(g) If applicable, analyzing major tenant restrictions in the supplemental agreements, leases, and other documents pertaining to the Project; and
(h) Assessing the potential tenants, rents, leasing pace, tenant concessions, and other enticements to tenants.
Pre-Development Phase. During the Pre-Development Phase of the --------------------- Project (which shall include, but not be limited to, the Pre-Design, Pre- Construction, Negotiation and Schematic Design Phases of the Architect's services), Developer's responsibilities shall include the following:
4.2.1 The Developer has prepared the Development Budget.
4.2.2 The Developer and Owner shall negotiate the Architect's Agreement, and such Architect's Agreement either will be executed by Developer as "Owner" thereunder and then assigned by Developer to Owner or will be submitted to Owner for execution by Owner. Owner may elect to thereafter assign the Architect's Agreement to the Contractor.
4.2.3 The Developer shall recommend to Owner engineering, interior design and other specialists and consultants for the Project, shall coordinate the process for the selection and/or approval by Owner of such specialists and consultants for the Project, shall review and analyze proposals from such specialists and consultants, and, following written approval thereof by Owner, shall negotiate (on terms consistent with and within limitations of the Development Budget), review and evaluate proposed contracts between Owner and such specialists and consultants or between Architect and such specialists and consultants (it being the current intention of Owner that Architect will engage directly the MEP engineer, structural engineer, landscape architect, and civil engineer). The contracts with such specialists and consultants (other than those engaged directly by the Architect) either will be entered into by Developer as "Owner" thereunder and then assigned by Developer to Owner or will be submitted to Owner for execution by Owner. Once Owner has accepted an assignment of a contract with a specialist or consultant or entered into a contract with a specialist or consultant, such specialist or consultant (including the Architect) shall be referred to as an "Owner Consultant".
4.2.4 The Developer shall assist Owner in establishing and developing the Project's design criteria and Project requirements and, upon approval by Owner in writing, such approved criteria shall form the basis upon which the design of the Project shall be measured. Such approved design criteria and Project requirements shall be referred to as the "Project Requirements".
4.2.5 The Developer shall establish and develop a critical-path- method schedule for the Project for Owner's written approval. Once approved by Owner, such schedule sha...
Pre-Development Phase. During the pre-development phase of the Project, Manager’s responsibilities will include, without limitation, the following, which shall be performed by:
Pre-Development Phase. This section describes the process where the Developer, in consultation with and approval of the Authority, will work with architects and other professionals to, among other things, develop plans and specifications to the point where those plans can be used to obtain bids and create guaranteed maximum price (“GMP”) contracts for the various elements to be constructed. As part of this process, the Development Budgets for the Project will be developed.
(a) Developer to provide the following services: (i) work with Oak View to develop preliminary operating projections for the Entertainment Venue, (ii) recommend for approval to the Authority necessary Specialists and Consultants for the Public Facilities and, once approved by the Authority, negotiate contracts with those experts, with the Authority paying the costs of those contracts, (iii) establish design criteria for the Project,
Pre-Development Phase. The "Pre-Development Phase" of the Stagecoach Project is that period beginning with the initial site selection and/or the execution of an initial acquisition or storage development agreement, and continuing until the Stagecoach Project has been developed sufficiently to enable the filing of an application at the FERC seeking approval to construct or enhance storage. The Pre-Development Phase shall be deemed completed as of the date of the filing of such application. During the Pre-Development Phase, the services to be provided by NJRES shall be regarded as a part of NJRES' on-going business development. Therefore, NJRES will not be compensated for any expenses it incurs in connection with providing Pre-Development Phase services unless eCORP Marketing shall have agreed in writing to compensate NJRES for certain extraordinary expenses in advance of NJRES' incurring such expenses.
Pre-Development Phase. (a) During the Pre-Development Phase, the Parties may continue to conduct all such due diligence with respect to the Project Land and the Entertainment Venue Parcel and the feasibility of developing the Project as the Parties may deem necessary or appropriate, and the Parties shall fully cooperate with each other in such due diligence activities. The Developer shall work with the Authority to coordinate initial development activities and shall provide the following services:
(i) Work with Oak View to prepare preliminary operating projections for the Entertainment Venue for review and approval by the Authority;
(ii) (x) Recommendation to the Authority of the Specialists and Consultants for the Public Facilities, including the Architect(s), and (y) following approval of such Specialists and Consultants by the Authority, negotiation, review and evaluation of proposed contracts with Specialists and Consultants all of which shall be subject to the Authority’s prior approval, but executed in the Developer’s name. The Authority approves ▇▇▇▇▇ Associates, Inc., ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Company and W. P. Large, Inc. as the Architects. The Authority shall pay the costs of Specialists and Consultants retained under this Section 5 in accordance with the provisions below during the Pre-Development Phase and in accordance with the provisions of the Construction Addendum during the Construction Documents Phase and the Construction Phase;
(iii) Establishment of design criteria for the Public Facilities and the Developer Improvements with the Authority and the Specialists and Consultants consistent with the Master Plan;
(iv) Preparation of preliminary drawings and specifications through the design development phase for the Public Facilities and Developer Improvements in accordance with the approved design criteria and the Master Plan;
Pre-Development Phase