The Open Space Agreement is a essential legal instrument in Swiss property management and urban development. It is primarily used when multiple parties need to establish clear rights, responsibilities, and regulations regarding shared or public spaces in Switzerland. The document becomes necessary in situations involving property development, public access areas, or shared community spaces, where detailed guidelines for usage, maintenance, and liability need to be established. The agreement must comply with Swiss federal law, including the Swiss Civil Code (ZGB) and the Federal Act on Spatial Planning (RPG), as well as specific cantonal and municipal regulations. It typically includes provisions for environmental protection, public access rights, maintenance responsibilities, and cost allocation, making it a crucial document for property owners, developers, and public authorities in Switzerland.
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1. Parties: Identification of all contracting parties, including property owners, managers, and any relevant public authorities
2. Background: Context of the agreement, including property details and purpose of the open space arrangement
3. Definitions: Key terms used throughout the agreement, including technical terms and specific Swiss legal concepts
4. Property Description: Detailed description of the open space, including exact boundaries, dimensions, and features
5. Grant of Rights: Specific rights granted regarding the open space, including access, usage, and any restrictions
6. Usage Regulations: Rules governing the use of the open space, including permitted activities and prohibited actions
7. Maintenance and Management: Responsibilities for maintaining the open space, including cleaning, repairs, and landscaping
8. Costs and Expenses: Allocation of costs related to maintenance, improvements, and operations
9. Insurance and Liability: Insurance requirements and allocation of liability for incidents in the open space
10. Term and Termination: Duration of the agreement and conditions for termination or modification
11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for dispute resolution
1. Environmental Protection Measures: Specific environmental requirements and conservation measures, required when the open space includes protected natural elements
2. Public Access Provisions: Detailed regulations regarding public access, necessary when the space is intended for public use
3. Commercial Activities: Rules regarding commercial use of the space, needed when commercial activities are permitted
4. Event Management: Procedures for organizing and managing events in the space, included when events are anticipated
5. Security Measures: Security requirements and protocols, needed for spaces requiring specific security arrangements
6. Dispute Resolution: Detailed dispute resolution procedures, recommended for complex agreements
7. Language Provisions: Required for bilingual agreements in multilingual cantons
1. Site Plan: Detailed plans and drawings of the open space area
2. Maintenance Schedule: Detailed maintenance requirements and schedules
3. Insurance Requirements: Specific insurance coverage requirements and limits
4. Usage Rules and Regulations: Detailed rules for use of the space
5. Fee Schedule: List of applicable fees and charges, if any
6. Environmental Impact Assessment: Environmental assessment reports and requirements
7. Emergency Procedures: Emergency response and evacuation procedures
8. Contact Information: List of key contacts for management and maintenance
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