Real Estate Operating Agreement Template for Nigeria

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Key Requirements PROMPT example:

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."

Document background
The Real Estate Operating Agreement is a crucial document used in the Nigerian real estate sector when property owners wish to delegate the operational management of their properties to professional operators. This agreement is particularly important given Nigeria's unique land tenure system under the Land Use Act of 1978 and the complex regulatory environment governing property operations. It's commonly used for commercial, residential, and mixed-use properties where professional management is required. The document addresses key aspects including operational responsibilities, financial arrangements, compliance requirements, and risk allocation, while ensuring alignment with Nigerian legal requirements and market practices. This agreement is essential for establishing clear guidelines and responsibilities between parties, protecting their interests, and ensuring efficient property operations within the Nigerian legal framework.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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

Relevant Teams

Legal

Operations

Facility Management

Asset Management

Property Management

Real Estate

Compliance

Finance

Risk Management

Business Development

Relevant Roles

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

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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