Real Estate Operating Agreement Template for Switzerland

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Key Requirements PROMPT example:

Real Estate Operating Agreement

"I need a Real Estate Operating Agreement for a luxury hotel property in Zurich, Switzerland, where we're appointing an international hotel operator starting March 2025, with specific provisions for brand standards compliance and staff transfer from the existing operator."

Document background
The Real Estate Operating Agreement is a crucial document used in Switzerland when property owners wish to delegate the operational management of their real estate assets to professional operators. This agreement is particularly relevant for commercial, residential, or mixed-use properties where specialized expertise is required for day-to-day operations. The document comprehensively addresses operational responsibilities, financial arrangements, maintenance obligations, and compliance requirements under Swiss law, including adherence to both federal and cantonal regulations. It's especially important in situations involving institutional investors, large-scale properties, or complex operational requirements where professional management is essential for maintaining property value and ensuring efficient operations. The agreement must comply with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements while incorporating specific cantonal property regulations.
Suggested Sections

1. Parties: Identification of the property owner and the operator, including full legal names, addresses, and registration details

2. Background: Context of the agreement, property description, and purpose of the operating arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the operator and detailed scope of operational responsibilities

5. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances

6. Operator's Obligations: Comprehensive list of operator's duties including maintenance, staffing, compliance, and reporting

7. Owner's Obligations: Owner's responsibilities including providing access, documentation, and maintaining insurance

8. Financial Terms: Fee structure, operating expenses, budgeting, and financial reporting requirements

9. Operating Standards: Required quality standards, maintenance levels, and performance metrics

10. Insurance and Liability: Required insurance coverage and allocation of risks between parties

11. Compliance: Obligations to comply with laws, regulations, and permits

12. Reporting and Records: Required reports, documentation, and record-keeping obligations

13. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations

14. Dispute Resolution: Procedures for resolving disputes under Swiss law

15. General Provisions: Standard legal provisions including notices, assignments, and amendments

Optional Sections

1. Environmental Management: Specific environmental obligations and sustainability requirements, used when property has specific environmental considerations

2. Staff Transfer: Provisions for transfer of existing staff, used when current employees will transfer to the operator

3. Brand Standards: Requirements for maintaining specific brand standards, used for branded properties

4. Capital Expenditure: Process for managing capital improvements, used for properties requiring significant upgrades

5. Emergency Procedures: Specific emergency response requirements, used for high-risk or complex properties

6. Multi-property Terms: Special provisions for portfolio operations, used when agreement covers multiple properties

7. Market Positioning: Requirements for maintaining market position, used for luxury or specialized properties

Suggested Schedules

1. Property Description: Detailed description of the property including plans and specifications

2. Asset Inventory: Inventory of furniture, fixtures, and equipment included in the operation

3. Service Levels: Detailed service level requirements and performance metrics

4. Fee Structure: Detailed breakdown of fees, charges, and payment terms

5. Operating Budget: Initial operating budget and budgeting procedures

6. Maintenance Schedule: Preventive maintenance requirements and schedules

7. Required Insurance: Detailed insurance requirements and minimum coverage levels

8. Initial Staff Plan: Staffing requirements and organizational structure

9. Permits and Licenses: List of required permits and licenses for operation

10. Emergency Contacts: List of emergency contacts and procedures

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Facility Management

Commercial Property

Residential Property

Hospitality

Retail Property

Industrial Property

Asset Management

Property Development

Relevant Teams

Legal

Operations

Property Management

Facility Management

Asset Management

Real Estate

Contract Management

Building Services

Maintenance

Risk Management

Compliance

Finance

Relevant Roles

Property Manager

Facility Manager

Asset Manager

Real Estate Operations Director

Building Operations Manager

Property Operations Coordinator

Real Estate Portfolio Manager

Facilities Operations Supervisor

Legal Counsel

Contract Manager

Real Estate Investment Manager

Operations Director

Property Services Manager

Maintenance Manager

Building Services Coordinator

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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