The Real Estate Asset Management Fee Agreement is essential when property owners or investment entities seek professional management of their real estate assets. This document is commonly used throughout the United States and must comply with both federal and state-specific regulations. It defines the relationship between the asset manager and the property owner, detailing management fees, performance metrics, reporting requirements, and service scope. The agreement is particularly important for ensuring clear accountability, establishing performance standards, and protecting both parties' interests in complex real estate management arrangements.
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1. Parties: Identification and details of the asset manager and property owner
2. Background: Context of the agreement and basic information about the property portfolio
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of asset management services to be provided
5. Fee Structure: Management fees, performance fees, and payment terms
6. Term and Termination: Duration of agreement and termination conditions
7. Obligations and Responsibilities: Duties of both parties
8. Representations and Warranties: Legal statements of fact and assurances from both parties
9. Indemnification: Provisions for compensation for harm or loss
10. Governing Law: Jurisdiction and applicable laws governing the agreement
1. Performance Metrics: Specific KPIs and performance measurement criteria for performance-based compensation
2. Reporting Requirements: Detailed reporting obligations for institutional clients or complex portfolios
3. Environmental Compliance: Environmental responsibilities and compliance measures for properties with environmental concerns
4. Force Majeure: Provisions for unforeseeable circumstances preventing fulfillment of obligations
5. Dispute Resolution: Procedures for resolving disagreements including mediation and arbitration provisions
1. Schedule A - Property Portfolio: List and details of properties under management
2. Schedule B - Fee Schedule: Detailed breakdown of all fees and charges
3. Schedule C - Service Level Agreement: Specific performance standards and metrics
4. Appendix 1 - Reporting Templates: Standard forms for regular reporting
5. Appendix 2 - Key Personnel: List of key team members and their responsibilities
Relevant legal definitions
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