An Asset Management Agreement (Real Estate) is essential when property owners seek to delegate the professional management of their real estate assets to specialized asset managers in the Netherlands. This document establishes the legal framework for this relationship, outlining the asset manager's authority to make decisions about property operations, investments, and strategy within agreed parameters. It incorporates Dutch regulatory requirements, including compliance with the Financial Supervision Act (Wft), real estate regulations, and environmental standards. The agreement is particularly relevant for institutional investors, property funds, and large property portfolios where professional management is required. It addresses key aspects such as service scope, decision-making authority, reporting requirements, fee structures, and risk allocation, while ensuring alignment with Dutch legal and regulatory frameworks.
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1. Parties: Identification of the asset owner and asset manager, including registration details and regulatory status
2. Background: Context of the agreement, including brief description of the property portfolio and management objectives
3. Definitions and Interpretation: Key terms used throughout the agreement, including specific Dutch real estate terminology
4. Appointment and Scope: Formal appointment of asset manager and detailed scope of services
5. Authority and Limitations: Asset manager's decision-making authority, including monetary thresholds and matters requiring owner approval
6. Duties and Responsibilities: Detailed obligations of the asset manager, including property management, leasing, maintenance, and regulatory compliance
7. Compliance and Regulatory Requirements: Obligations regarding Dutch laws, regulations, and industry standards
8. Reporting and Administration: Regular reporting requirements, meetings, and record-keeping obligations
9. Fees and Expenses: Management fees, additional service fees, expense reimbursement, and payment terms
10. Representations and Warranties: Standard confirmations from both parties, including regulatory compliance and authority to contract
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Insurance: Required insurance coverage for both parties
13. Term and Termination: Duration of agreement, renewal provisions, and termination rights
14. Confidentiality and Data Protection: Obligations regarding confidential information and GDPR compliance
15. Force Majeure: Provisions for unforeseen circumstances affecting performance
16. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Development Services: Include when asset manager will oversee property development or major renovation projects
2. Sustainability Requirements: Detailed section for portfolios with specific ESG objectives or requirements
3. Multiple Property Provisions: Additional provisions for managing multiple properties or portfolio changes
4. Key Personnel: Requirements for specific individuals to be involved in management activities
5. Marketing and Leasing: Detailed provisions for properties requiring active leasing or marketing
6. Co-Investment Rights: Terms for asset manager co-investment opportunities
7. Transition Services: Detailed handover provisions for complex portfolios
8. Anti-corruption and Sanctions: Enhanced compliance provisions for international portfolios
1. Property Schedule: Detailed list and description of properties under management
2. Services Schedule: Detailed breakdown of management services and service levels
3. Fee Schedule: Detailed fee calculations, performance metrics, and payment terms
4. Reporting Requirements: Templates and specifications for required reports
5. Authority Matrix: Detailed decision-making thresholds and approval requirements
6. Key Performance Indicators: Performance metrics and measurement criteria
7. Insurance Requirements: Detailed insurance coverage requirements and minimum levels
8. Approved Contractors: List of pre-approved service providers and contractors
9. Emergency Procedures: Protocols for emergency situations and critical incidents
10. Compliance Checklist: Required regulatory filings and compliance procedures
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