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CLAYBARK LIMITED Sp. KOMANDYTOWA
Scope of Services offered
to Investors Once a Development Project is Secured
1. If applicable to assist the Investor in agreeing and appointing
a design team or teams of [Project Managers], Architects, Quantity Surveyors,
Structural, Environmental and Mechanical and Electrical Consultant Engineers,
[Highways & Railway Consultants] and any other professional firm deemed
necessary by the Investor for the proposed development or any part thereof and
to assist the Investor in negotiating and concluding the scope of works and
contracts of such design team (including the negotiation and obtention of Duty
of Care Warranties where required).
2. With the Investor and the design team
to prepare a concept for the proposed development, prepare financial appraisals
and a programme of works for the ongoing development.
3. To advise the
Investor upon the need of any specialist reports or surveys required for the
obtention of any WZiZT (development conditions) or Building Permit and, if
applicable, with individual members of the design team, to obtain and
subsequently instruct specialist contractors to carry out environmental and
geotechnical surveys, topographical and site surveys, Environmental and Traffic
Impact Studies and tree surveys or any other survey that my be reasonably
required and advise the Investor upon their respective findings.
4.
Following the grant of a validated WZiZT, to coordinate the design team in the
preparation of an application for a Building Permit or Permits for the various
elements of the proposed development and monitor the progress of such
application or applications.
5. With the Investor and the design team to
prepare a list of general contractors for the proposed development or parts
thereof and thereafter to collect all materials necessary to prepare full
tender documentation to be sent to an agreed list of General Contractors.
6. To advise on the type of Building Contract to be used for the project or
projects and suggest modifications to each Building Contract and to assist the
Investor in negotiating and concluding the all necessary Building Contracts.
7. If required by the Investor to coordinate the marketing, leasing and/or
sale of the Development or various parts of it in conjunction with Investor's
appointed agent or agents and co-ordinating with the Investor's on-site
managers, if any, its lawyers, accountants and funders in the day to day
management of the Project.
8. To assist the Investor in negotiating with
banks suggested by him in respect of any senior debt requirements and dealing
with potential tenants and occupiers in respect of any specialised fit-out
requirements they may need.
9. To advise the Investor on the acceptability
of any Building Permit obtained by it and its design team.
10. To reply
promptly to requests made by the Investor for advice and recommendations.
11. Without delay to review comment upon and agree any project documentation on
behalf of the Investor as and when it becomes available.
12. To attend all
design team and contractor's site meetings as necessary throughout the lifetime
of the project.
13. During the construction period of the Project to ensure
the provision of monthly financial reports to the Investor including the effect
of any variations to the construction cost.
14. To assist the Investor in
using all reasonable endeavours to procure as far as it may be practicable that
the works to the Project are commenced and completed in accordance with any
programme agreed with the contractors employed by it in the construction of the
Project or any part of it and that all contracts are implemented in good order.
15. At the request of the Developer to attend and assist at any meeting
with its proposed Funders and to assist such Funder in its Due Diligence by
providing such information as may be requested by it.
16. At the request of
the Investor to liaise with any project monitor appointed by such Funder and
assist such project monitor as far as practicable to do so in carrying out its
obligations to the funder.
17. To keep the Investor and, at its request,
his Funder and the Funder's project monitor advised of the progress of the
works to the Project .
18. To attend all hand over meetings and, if agreed,
to sign each acceptance protocol in the name of the Investor.
19. Prior to
completion of [each phase of] the Project to attend site and agree a schedule
of defects with the contractor and to ensure their rectification in accordance
with the terms of the building contract.
20. Following completion [of each
phase of] the Project to co-ordinate with the general contractor for the
provision of the requisite number of sets of "as built" drawings; co-ordinate
the provision of all maintenance manuals for services; advise on the
desirability of any Maintenance Contracts and negotiate such Contracts as may
be required by the Investor.
21. Following completion [of each phase of] the
Project to co-ordinate with its professional team and the general contractor in
the preparation of the general contractor's Final Account.
22. Ensure that
all defects are rectified by the General Contractor in accordance with the
defects liability period contained in the building contract .
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