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Real Estate Operating Agreement
"I need a Real Estate Operating Agreement for a newly constructed shopping mall in Jakarta, Indonesia, where we'll appoint an international property management company to handle all operations starting March 2025, with specific provisions for retail tenant management and revenue sharing."
1. Parties: Identification of the property owner and operator, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, property details, and purpose of the operating arrangement
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including property-specific and operational terms
4. Appointment and Term: Formal appointment of operator, duration of agreement, and renewal terms
5. Operator's Rights and Obligations: Detailed responsibilities of the operator in managing and operating the property
6. Owner's Rights and Obligations: Responsibilities and obligations of the property owner
7. Operating Standards: Required standards of operation, including compliance with local regulations and industry standards
8. Financial Terms: Fee structure, payment terms, operating expenses, and financial reporting requirements
9. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements
10. Insurance and Liability: Required insurance coverage and allocation of risks between parties
11. Termination: Grounds for termination, notice requirements, and consequences of termination
12. Handover Provisions: Procedures for property handover at termination or expiry
13. Governing Law and Dispute Resolution: Applicable Indonesian law and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Employee Matters: Include when operator will manage property staff directly, covering employment terms and transitions
2. Environmental Compliance: Include for properties with significant environmental impact or requirements
3. Marketing and Branding: Include when operator has specific marketing responsibilities or brand standards
4. FF&E Management: Include for properties requiring significant furniture, fixtures, and equipment management
5. Third Party Contracts: Include when operator will manage existing vendor relationships or establish new ones
6. Development or Renovation: Include if property requires immediate renovation or has planned development phases
7. Force Majeure: Detailed force majeure provisions beyond standard clause, particularly relevant post-COVID
8. Intellectual Property: Include when either party's IP will be used in property operations
1. Property Description: Detailed description of the property including land certificates, buildings, and facilities
2. Operating Standards and KPIs: Specific performance metrics and operating standards for the property
3. Fee Structure: Detailed breakdown of all fees, including base fees, incentive fees, and expense categories
4. Initial Budget: First-year operating budget and capital expenditure plan
5. Handover Inventory: Detailed inventory of all assets, equipment, and documents to be managed
6. Required Insurance: Specific insurance types and coverage amounts required
7. Required Licenses and Permits: List of necessary operational licenses and permits under Indonesian law
8. Existing Contracts: Schedule of existing service contracts, leases, or agreements affecting operations
9. Emergency Procedures: Required procedures for various emergency scenarios
10. Reporting Templates: Standard formats for required operational and financial reports
Authors
Applicable Laws
Approved Budget
Base Fee
Building
Building Management Services
Business Day
Commencement Date
Common Areas
Confidential Information
Contract Year
Effective Date
Emergency
Environmental Laws
Event of Default
Facility
FF&E
Force Majeure Event
Good Industry Practice
Gross Operating Revenue
HGB Certificate
IMB (Building Permit)
Incentive Fee
Initial Term
Insurance Requirements
Intellectual Property Rights
Key Performance Indicators
Legal Requirements
Licenses and Permits
Maintenance Services
Net Operating Income
Operating Accounts
Operating Expenses
Operating Standards
Operating Term
Operator
Owner
Performance Standards
Premises
Property
Property Management Services
Quarterly Report
Renewal Term
Required Insurance
Service Charge
Service Contracts
SLO (Operating Worthiness Certificate)
Sinking Fund
Taxes
Term
Termination Date
Third Party Contractors
Utilities
Term and Renewal
Operating Standards
Property Management Services
Maintenance and Repairs
Financial Management
Budgeting and Business Planning
Fees and Payments
Personnel and Staffing
Insurance
Indemnification
Property Access Rights
Compliance with Laws
Environmental Compliance
Health and Safety
Emergency Procedures
Reporting Requirements
Record Keeping
Confidentiality
Intellectual Property
Non-Competition
Force Majeure
Termination Rights
Default and Remedies
Assignment and Delegation
Dispute Resolution
Governing Law
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Waiver
Counterparts
Language Requirements
Anti-Corruption
Data Protection
Business Continuity
Audit Rights
Liability Limitations
Service Level Requirements
Commercial Real Estate
Retail
Office Space
Shopping Centers
Industrial Properties
Hospitality
Mixed-Use Developments
Logistics and Warehousing
Healthcare Facilities
Educational Facilities
Legal
Operations
Asset Management
Property Management
Facility Management
Finance
Compliance
Risk Management
Business Development
Investment
Real Estate
Property Manager
Facility Manager
Asset Manager
Real Estate Director
Operations Manager
Legal Counsel
Chief Operating Officer
Investment Manager
Development Manager
Commercial Director
Compliance Officer
Finance Director
Regional Property Manager
Head of Real Estate
Portfolio Manager
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