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Operating Management Agreement
"I need an Operating Management Agreement for a Dublin-based shopping center, where an international property management company will take over operations from March 2025, with specific provisions for retail tenant management and customer safety protocols."
1. Parties: Identification of the Owner/Principal and the Management Company
2. Background: Context of the agreement, including description of the business/property to be managed
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Scope of manager's appointment and duration of the agreement
5. Manager's Authority and Duties: Detailed description of management responsibilities and authority limits
6. Owner's Obligations: Responsibilities and obligations of the owner/principal
7. Financial Arrangements: Management fees, payment terms, expenses, and budgeting requirements
8. Operational Requirements: Day-to-day operational procedures and standards
9. Reporting and Compliance: Required reports, documentation, and regulatory compliance obligations
10. Staff and Employment: Management of employees, responsibilities, and compliance with employment law
11. Insurance and Liability: Required insurance coverage and allocation of liabilities
12. Termination: Grounds for termination, notice requirements, and consequences
13. Post-Termination Obligations: Handover requirements and ongoing obligations after termination
14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Environmental Compliance: Required when the managed operation has significant environmental impacts or requirements
2. Intellectual Property: Needed when the management involves creation or use of intellectual property
3. Data Protection: Detailed GDPR compliance section required when significant personal data processing is involved
4. Crisis Management: Required for operations where emergency response procedures are critical
5. Brand Standards: Needed when the operation must maintain specific brand or quality standards
6. Capital Expenditure: Required when the manager has responsibility for major capital improvements
7. Non-Compete: Optional restrictions on manager's other business activities
8. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant post-COVID
1. Schedule 1 - Services Description: Detailed scope of management services and responsibilities
2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, incentives, and payment calculations
3. Schedule 3 - Key Performance Indicators: Performance metrics and measurement criteria
4. Schedule 4 - Required Insurance: Specific insurance types and coverage levels required
5. Schedule 5 - Operating Standards: Detailed operational procedures and quality standards
6. Schedule 6 - Reporting Requirements: Format and frequency of required operational and financial reports
7. Schedule 7 - Property/Assets Register: Inventory of assets under management
8. Appendix A - Key Personnel: Identification of key management staff and their roles
9. Appendix B - Emergency Procedures: Emergency response and business continuity procedures
10. Appendix C - Handover Requirements: Detailed procedures for management transition upon termination
Authors
Real Estate
Hospitality
Retail
Commercial Property
Healthcare
Education
Industrial
Leisure and Entertainment
Office Management
Residential Property
Shopping Centers
Student Accommodation
Senior Living Facilities
Mixed-use Developments
Legal
Operations
Facilities Management
Asset Management
Commercial
Risk and Compliance
Finance
Property Management
Business Development
Human Resources
Senior Management
Chief Executive Officer
Chief Operating Officer
Operations Director
Facility Manager
Property Manager
Asset Manager
Legal Counsel
Contracts Manager
Business Development Manager
Commercial Director
Risk Manager
Compliance Officer
Financial Controller
Regional Manager
General Manager
Operations Manager
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