The Management Lease Agreement serves as a crucial document in Belgian commercial property arrangements, combining elements of both property management and operational lease agreements. This document is particularly useful when property owners wish to delegate both operational control and management responsibility to a professional management company while maintaining ownership rights. The agreement must comply with Belgian Civil Code requirements, regional property regulations, and commercial lease laws, making it distinct from standard lease or management agreements. It typically includes detailed provisions for operational control, management services, financial arrangements, maintenance responsibilities, and regulatory compliance. The Management Lease Agreement is commonly used in commercial real estate, hospitality, and retail sectors, where professional management of properties requires specialized expertise and operational flexibility.
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1. Parties: Identification of the property owner/lessor and the management company/lessee
2. Background: Context of the agreement, including property details and purpose of the management arrangement
3. Definitions: Defined terms used throughout the agreement
4. Scope of Management Services: Detailed description of management responsibilities and authority
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Management Fee Structure: Details of management fees, payment terms, and calculation methods
7. Operating Expenses and Budgets: Allocation of operational costs and budget management procedures
8. Maintenance and Repairs: Responsibilities for property maintenance and repair obligations
9. Compliance and Reporting: Requirements for regulatory compliance and periodic reporting
10. Insurance Requirements: Mandatory insurance coverage and responsibilities
11. Termination Rights: Grounds and procedures for agreement termination
12. Liability and Indemnification: Allocation of risks and indemnification obligations
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
14. Notice Provisions: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Employee Transfer Provisions: Required when existing staff will transfer to the management company under Belgian employment law
2. Environmental Compliance: Necessary for properties with specific environmental considerations or requirements
3. Intellectual Property Rights: Include when the management involves use of branded properties or proprietary systems
4. Force Majeure: Detailed provisions for unforeseen circumstances, particularly relevant post-COVID
5. Competition Compliance: Required when the management company operates multiple properties in the same market
6. Data Protection: Include when personal data processing is involved in property management
7. Capital Improvements: Include when significant property improvements are planned or anticipated
8. Subletting Rights: Include when the management company may need subletting authority
1. Schedule 1 - Property Description: Detailed description of the property including plans and specifications
2. Schedule 2 - Services Specification: Comprehensive list of management services and performance standards
3. Schedule 3 - Fee Schedule: Detailed breakdown of management fees, incentives, and payment calculations
4. Schedule 4 - Operating Budget: Initial operating budget and budget management procedures
5. Schedule 5 - Maintenance Schedule: Planned maintenance program and responsibilities
6. Schedule 6 - Required Insurance: Specific insurance requirements and minimum coverage levels
7. Schedule 7 - Reporting Templates: Standard formats for required operational and financial reports
8. Schedule 8 - Key Performance Indicators: Performance metrics and measurement criteria
9. Appendix A - Required Licenses: Copies of necessary permits and licenses
10. Appendix B - Initial Inventory: Baseline inventory of furniture, fixtures, and equipment
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