The Management Lease Agreement serves as a crucial legal instrument in Indonesian property management, combining traditional lease elements with comprehensive management services provisions. This document is typically used when property owners wish to delegate both operational control and management responsibility to a professional management company while maintaining ownership rights. It's particularly relevant for commercial, retail, and industrial properties requiring professional management expertise. The agreement must comply with Indonesian Civil Code requirements and various regulatory frameworks, including building management regulations, employment laws, and tax provisions. The document typically includes detailed operational procedures, financial terms, performance metrics, and risk allocation mechanisms, making it essential for complex property management arrangements in Indonesia.
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1. Parties: Identification of the Property Owner and Management Company, including their legal status and registered addresses
2. Background: Context of the agreement, property details, and purpose of the management lease arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Term: Formal appointment of the management company and duration of the agreement
5. Property Manager's Rights and Obligations: Detailed responsibilities and authority of the management company
6. Owner's Rights and Obligations: Property owner's responsibilities and retained rights
7. Management Services: Specific services to be provided by the management company
8. Financial Terms: Management fees, lease payments, operating expenses, and payment terms
9. Performance Standards: Required service levels and performance metrics
10. Staff and Employment: Requirements regarding staffing and employment responsibilities
11. Insurance and Liability: Insurance requirements and allocation of risks
12. Maintenance and Repairs: Responsibilities for property maintenance and repairs
13. Compliance and Permits: Regulatory compliance obligations and required permits
14. Termination: Termination rights and procedures
15. Handover Provisions: Requirements for property and operations handover upon termination
16. Governing Law and Dispute Resolution: Applicable law and dispute resolution procedures
1. Force Majeure: Provisions for unforeseen circumstances - included when specific risk allocation for extraordinary events is required
2. Environmental Compliance: Special environmental obligations - included for properties with significant environmental impact
3. Intellectual Property: IP rights and protection - included when management systems or branded operations are involved
4. Anti-Corruption Compliance: Anti-corruption provisions - included when dealing with public facilities or government-linked properties
5. Foreign Investment Provisions: Special provisions for foreign investment compliance - included when foreign management companies are involved
6. Emergency Services: Special provisions for emergency response - included for high-risk or public access facilities
7. Marketing and Promotion: Marketing responsibilities and requirements - included for commercial properties requiring active promotion
1. Property Details: Detailed description of the property, including floor plans and facilities
2. Service Level Agreement: Detailed performance metrics and service standards
3. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Operating Procedures: Standard operating procedures and management protocols
5. Maintenance Schedule: Planned maintenance schedules and procedures
6. Staff Organization: Organization structure and key personnel requirements
7. Insurance Requirements: Detailed insurance coverage requirements and limits
8. Permits and Licenses: List of required permits and licenses with renewal requirements
9. Handover Checklist: Detailed checklist for property and operations handover
10. Emergency Procedures: Emergency response and evacuation procedures
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