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Real Estate Operating Agreement
"I need a Real Estate Operating Agreement for a mixed-use development in Lagos, Nigeria, where my company will be appointing an international property management firm to handle operations starting March 2025, with specific provisions for retail, office, and residential components."
1. Parties: Identification of all parties to the agreement, including the property owner, operator, and any other relevant stakeholders
2. Background: Context of the agreement, including property details and purpose of the operating arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Authority: Scope of operator's appointment and extent of authority
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Property Details: Comprehensive description of the property, including title details and Land Use Act compliance
7. Operational Responsibilities: Detailed obligations of the operator in managing the property
8. Financial Terms: Management fees, operating expenses, revenue sharing, and financial reporting requirements
9. Maintenance and Repairs: Obligations regarding property maintenance and repair procedures
10. Compliance Requirements: Obligations to comply with Nigerian laws, regulations, and permits
11. Insurance: Required insurance coverage and responsibilities
12. Termination: Grounds and procedures for termination
13. Dispute Resolution: Procedures for resolving disputes, including Nigerian jurisdiction considerations
14. General Provisions: Standard clauses including notices, amendments, and governing law
1. Environmental Compliance: Specific environmental obligations and compliance requirements, necessary for properties with environmental sensitivities
2. Security Services: Provisions for security arrangements, relevant in high-risk areas or for commercial properties
3. Marketing and Promotion: Requirements for property marketing, relevant for commercial or retail properties
4. Staff and Employment: Employment terms and conditions for on-site staff, relevant for larger properties
5. Intellectual Property: IP provisions if the property involves branded operations or specialized systems
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in politically volatile regions
7. Assignment and Subletting: Terms for transfer of rights, relevant when operator may need flexibility to restructure
8. Utilities Management: Specific provisions for utilities management, relevant for properties with complex utility requirements
1. Property Description Schedule: Detailed description of the property including plans, titles, and certificates
2. Services Schedule: Detailed list of operational services to be provided
3. Fee Schedule: Breakdown of management fees, charges, and payment terms
4. Performance Standards: Specific KPIs and performance requirements
5. Maintenance Schedule: Detailed maintenance requirements and schedules
6. Insurance Requirements: Specific insurance types and coverage levels required
7. Operating Procedures: Detailed operational procedures and guidelines
8. Required Permits and Licenses: List of all required governmental and regulatory approvals
9. Handover Procedures: Procedures for property handover at termination
Authors
Applicable Laws
Approved Budget
Business Day
Commencement Date
Common Areas
Confidential Information
Contract Year
Certificate of Occupancy
Effective Date
Emergency
Environmental Laws
Facility
Force Majeure Event
Gross Operating Income
Governor's Consent
Improvements
Initial Term
Land Use Act
Maintenance Charges
Management Fee
Net Operating Income
Operating Account
Operating Expenses
Operating Standards
Operating Term
Operator
Owner
Performance Standards
Permits
Property
Property Manager
Quarterly Report
Renewal Term
Required Insurance
Service Charge
Service Level Agreement
State Authority
Statutory Payments
Tenants
Term
Termination Date
Territory
Third Party Contractors
Title Documents
Working Capital
Term and Renewal
Operating Standards
Property Management Services
Financial Management
Reporting and Records
Maintenance and Repairs
Insurance
Compliance
Health and Safety
Environmental Compliance
Security
Staff and Employment
Subcontracting
Fees and Expenses
Bank Accounts
Budgets and Business Plans
Performance Standards
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Confidentiality
Data Protection
Intellectual Property
Assignment
Anti-Corruption
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Force Majeure
Non-Competition
Property Access
Emergency Procedures
Utilities Management
Real Estate
Commercial Property
Residential Property
Retail Property
Industrial Property
Hospitality
Healthcare Facilities
Educational Facilities
Mixed-use Development
Office Space Management
Shopping Center Management
Warehouse and Logistics
Legal
Operations
Facility Management
Asset Management
Property Management
Real Estate
Compliance
Finance
Risk Management
Business Development
Property Manager
Facility Manager
Real Estate Director
Asset Manager
Operations Manager
Real Estate Investment Manager
Legal Counsel
Compliance Officer
Property Operations Director
Business Development Manager
Real Estate Portfolio Manager
Chief Operating Officer
Property Services Manager
Real Estate Administrator
Leasing Manager
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