Forward Funding Agreement Template for Netherlands

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Key Requirements PROMPT example:

Forward Funding Agreement

"I need a Forward Funding Agreement for a €50M office development in Amsterdam, with quarterly stage payments and completion scheduled for March 2025, including specific provisions for sustainability requirements and BREEAM certification."

Document background
Forward Funding Agreements are utilized in the Netherlands when investors seek to secure development opportunities at an early stage while developers require upfront and ongoing funding for their projects. This comprehensive agreement, structured under Dutch law, outlines the entire development financing relationship, including land acquisition, construction funding, development obligations, and completion requirements. The Forward Funding Agreement is particularly crucial for large-scale commercial developments where traditional funding methods may not be suitable. It addresses key aspects such as payment structures, risk allocation, construction monitoring, and quality requirements, while ensuring compliance with Dutch financial regulations and construction laws. The document is essential for projects where investors wish to secure future assets while maintaining control over the development process.
Suggested Sections

1. Parties: Identification of the Funder and Developer/Seller, including full legal names and registration details

2. Background: Context of the transaction, including property details and development scheme overview

3. Definitions: Definitions of key terms used throughout the agreement

4. Project Description: Detailed description of the development project, including location and scope of works

5. Conditions Precedent: Conditions that must be satisfied before funding obligations commence

6. Purchase Price and Payment Structure: Total funding amount, payment mechanisms, and milestone payment schedule

7. Funding Obligations: Funder's obligations regarding the provision of funds, including timing and conditions

8. Development Obligations: Developer's obligations regarding the construction and completion of the project

9. Construction Program: Timeline for development, key milestones, and completion dates

10. Variations and Changes: Process for handling changes to the development scheme or costs

11. Monitoring and Reporting: Requirements for project monitoring, reporting, and site visits

12. Risk Allocation: Distribution of risks between parties during development

13. Warranties and Representations: Standard and specific warranties from both parties

14. Insurance Requirements: Required insurance coverage during development

15. Default and Termination: Events of default, remedies, and termination provisions

16. Completion and Handover: Requirements and process for practical completion

17. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

18. Boilerplate Provisions: Standard contractual provisions including notices, assignment, and entire agreement

Optional Sections

1. Environmental Provisions: Specific environmental obligations and risks, used when site has known environmental issues

2. Pre-letting Requirements: Requirements for pre-letting of the developed property, included when pre-lets are part of the funding structure

3. Forward Sale Provisions: Terms for onward sale of the completed development, included when there's a pre-arranged exit

4. Planning Conditions: Specific planning-related conditions and obligations, used when planning permission is not yet secured

5. VAT and Tax Provisions: Detailed tax structure and obligations, included for complex tax arrangements

6. Step-in Rights: Funder's rights to take over development, included for higher-risk projects

7. Public Law Requirements: Specific provisions relating to public law aspects, included when public authorities are involved

8. Phasing Provisions: Specific provisions for phased developments, used for multi-phase projects

Suggested Schedules

1. Property Description: Detailed legal description of the property including plans and title information

2. Development Specification: Detailed technical specifications for the development

3. Payment Schedule: Detailed breakdown of payment milestones and amounts

4. Form of Collateral Warranties: Template warranties from contractors and professional team

5. Professional Team Appointments: List of appointed professionals and key terms of their appointments

6. Construction Documents: Key construction contracts and related documents

7. Forms of Certificates: Template certificates for practical completion, payment, etc.

8. Pre-conditions Evidence: List of required evidence for satisfying conditions precedent

9. Service Level Requirements: Detailed service levels and quality standards

10. Required Insurance: Detailed insurance requirements and minimum coverage levels

11. Planning Permissions: Copies of relevant planning permissions and conditions

12. Financial Model: Agreed financial model and cost plan for the development

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

Commercial Property Development

Property Investment

Construction

Infrastructure Development

Retail Development

Office Development

Industrial Development

Urban Development

Financial Services

Relevant Teams

Legal

Real Estate

Investment

Development

Construction

Finance

Risk Management

Asset Management

Project Management

Acquisitions

Due Diligence

Technical Services

Relevant Roles

Real Estate Investment Manager

Development Director

Chief Investment Officer

Construction Manager

Legal Counsel

Financial Director

Project Manager

Investment Analyst

Risk Manager

Asset Manager

Development Manager

Transaction Manager

Fund Manager

Property Director

Acquisitions Manager

Industries
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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