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Open Space Agreement for Philippines

Open Space Agreement Template for Philippines

An Open Space Agreement under Philippine law is a legally binding document that establishes the terms and conditions for the designation, management, and maintenance of open spaces within property developments. It ensures compliance with Presidential Decree No. 1216 and related Philippine regulations governing open space requirements. The agreement outlines responsibilities for maintenance, public access rights, permitted uses, and environmental protection measures while adhering to local government regulations and urban planning requirements. It serves as a crucial instrument for sustainable urban development and community welfare in the Philippine context.

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What is a Open Space Agreement?

The Open Space Agreement is a fundamental document in Philippine property development and urban planning, required when establishing and managing open spaces within development projects. This agreement type is particularly relevant in light of Presidential Decree No. 1216, which mandates that 30% of gross residential land be reserved for open space. The document addresses crucial aspects such as maintenance responsibilities, public access rights, permitted activities, and environmental protection measures. It serves as a vital tool for property developers, local government units, and community associations to ensure proper management of open spaces while complying with Philippine laws and regulations. The Open Space Agreement becomes necessary during property development planning, subdivision creation, or when establishing new community spaces, and it continues to govern the management of these spaces throughout their existence.

What sections should be included in a Open Space Agreement?

1. Parties: Identification of all parties to the agreement, including the property owner, managing entity, and/or local government unit

2. Background: Context of the agreement, including property details and purpose of the open space designation

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Scope of Agreement: Detailed description of the open space area and its designated uses

5. Rights and Responsibilities: Obligations of each party regarding maintenance, access, and management of the open space

6. Term and Renewal: Duration of the agreement and conditions for renewal or extension

7. Maintenance Standards: Required standards for upkeep, cleaning, and maintenance of the open space

8. Access and Usage Rules: Rules governing public access, permitted activities, and usage restrictions

9. Compliance with Laws: Commitment to comply with relevant Philippine laws and local regulations

10. Insurance and Liability: Insurance requirements and allocation of liability for incidents

11. Termination: Conditions and procedures for terminating the agreement

12. Dispute Resolution: Process for resolving disputes between parties

13. Notices: Process and requirements for formal communications between parties

14. Governing Law: Specification of Philippine law as governing law and jurisdiction

What sections are optional to include in a Open Space Agreement?

1. Environmental Protection Measures: Specific environmental requirements and protection measures, required when the open space includes sensitive ecological areas

2. Commercial Activities: Rules and restrictions for any permitted commercial activities, needed when commercial use is contemplated

3. Security Arrangements: Security provisions and responsibilities, included when specific security measures are required

4. Development Rights: Terms regarding future development or modifications, needed when development possibilities exist

5. Community Engagement: Procedures for community consultation and involvement, relevant when community participation is significant

6. Special Events: Provisions for hosting special events in the open space, included when events are anticipated

7. Utilities and Services: Responsibilities for utilities and services, needed when utilities are part of the open space

8. Transfer Rights: Terms for transferring rights or obligations, included when transfer possibilities exist

What schedules should be included in a Open Space Agreement?

1. Site Plan: Detailed plan showing boundaries and features of the open space

2. Maintenance Schedule: Detailed maintenance requirements and schedules

3. Permitted Uses: Comprehensive list of permitted activities and uses

4. Insurance Requirements: Specific insurance coverage requirements and minimum limits

5. Environmental Management Plan: Detailed plans for environmental protection and management

6. Operating Hours and Access: Specific schedules for public access and operation

7. Fee Schedule: Any applicable fees for usage or services, if relevant

8. Contact Information: List of key contacts and responsible parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Use Agreement

Cost

Free to use
Relevant legal definitions



































Clauses

























Relevant Industries

Real Estate Development

Urban Planning

Public Infrastructure

Property Management

Municipal Administration

Environmental Services

Construction

Recreation and Parks Management

Community Development

Relevant Teams

Legal

Property Management

Development

Environmental Compliance

Community Relations

Facilities Management

Project Planning

Urban Development

Regulatory Affairs

Operations

Relevant Roles

Property Development Manager

Urban Planner

Legal Counsel

Environmental Compliance Officer

Property Manager

Community Relations Manager

Municipal Planning Officer

Development Director

Real Estate Manager

Parks and Recreation Supervisor

Facilities Manager

Project Manager

Sustainability Officer

Compliance 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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