The Exclusive Management Agency Agreement Commercial And Industrial is essential for property owners seeking professional management of their commercial and industrial assets in the Philippines. This agreement is particularly relevant when owners want to delegate complete management responsibility to a qualified agency while ensuring exclusivity in the management relationship. The document complies with Philippine real estate laws, including RESA (RA 9646) and related regulations, and is structured to protect both parties' interests while establishing clear operational parameters. It's commonly used for properties such as industrial parks, commercial complexes, manufacturing facilities, and mixed-use developments, where professional management is crucial for maintaining property value and operational efficiency. The agreement covers all aspects of property management, from day-to-day operations to strategic planning, and includes specific provisions for the Philippine business environment.
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1. Parties: Identification of the Property Owner and the Management Agency, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the property, and the parties' intention to enter into an exclusive management arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Property', 'Management Services', 'Exclusive Period', and other relevant terms
4. Appointment and Scope: Formal appointment of the agency as exclusive manager and detailed outline of management services to be provided
5. Term and Exclusivity: Duration of the agreement, renewal terms, and specific provisions regarding the exclusive nature of the appointment
6. Management Agency's Rights and Obligations: Comprehensive list of the agency's responsibilities, authority limits, and service standards
7. Property Owner's Rights and Obligations: Owner's responsibilities, including provision of necessary documentation, cooperation requirements, and maintenance obligations
8. Fees and Payment Terms: Detailed structure of management fees, payment schedules, and reimbursable expenses
9. Property Management Standards: Required service levels, quality standards, and compliance with relevant Philippine property management regulations
10. Reporting and Accountability: Requirements for financial reporting, performance metrics, and regular updates to the property owner
11. Insurance and Liability: Insurance requirements, liability limitations, and indemnification provisions
12. Termination: Grounds for termination, notice requirements, and post-termination obligations
13. Confidentiality: Provisions protecting confidential information of both parties
14. Governing Law and Dispute Resolution: Specification of Philippine law as governing law and dispute resolution procedures
15. General Provisions: Standard clauses including force majeure, notices, amendments, and entire agreement provisions
1. Emergency Services: Additional provisions for emergency response services, used when the property requires 24/7 emergency coverage
2. Environmental Compliance: Specific provisions for properties requiring special environmental management or compliance
3. Security Services: Detailed security management provisions for high-security properties or industrial facilities
4. Facility Management: Additional provisions for technical facility management services, used for properties with complex mechanical systems
5. Marketing Services: Provisions for marketing and leasing services if the agency will handle tenant acquisition
6. Development and Renovation: Provisions regarding property improvements and development projects, used when significant renovations are planned
7. Multi-Property Management: Additional terms for managing multiple properties under the same agreement
8. Special Compliance Requirements: Additional compliance provisions for regulated industries or special economic zones
1. Schedule A - Property Details: Detailed description of the property, including location, facilities, and current condition
2. Schedule B - Scope of Services: Detailed breakdown of all management services to be provided
3. Schedule C - Fee Structure: Comprehensive fee schedule including base fees, additional service fees, and expense categories
4. Schedule D - Performance Metrics: Specific KPIs and performance standards for evaluating management services
5. Schedule E - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule F - Authorized Representatives: List of authorized representatives from both parties and their authority limits
7. Schedule G - Operating Procedures: Standard operating procedures for property management
8. Appendix 1 - Property Management Team: Details of key personnel assigned to manage the property
9. Appendix 2 - Emergency Protocols: Emergency response procedures and contact information
10. Appendix 3 - Reporting Templates: Standard formats for regular reports and financial statements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Industrial Manufacturing
Logistics and Warehousing
Retail
Office Space Management
Industrial Parks
Manufacturing Facilities
Special Economic Zones
Commercial Centers
Business Process Outsourcing
Light Industrial
Heavy Industrial
Mixed-Use Development
Relevant Teams
Legal
Operations
Facility Management
Property Management
Asset Management
Real Estate
Compliance
Finance
Maintenance
Security
Business Development
Risk Management
Investment
Administrative
Relevant Roles
Property Manager
Facility Manager
Real Estate Director
Operations Manager
Asset Manager
Commercial Property Manager
Industrial Property Manager
Chief Operating Officer
Real Estate Portfolio Manager
Building Manager
Property Management Director
Facilities Director
Real Estate Services Manager
Maintenance Manager
Property Owner
CEO
Legal Counsel
Compliance Officer
Business Development Manager
Real Estate Investment Manager
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