Fillable Printable Agreement to Manage and Lease Real Estate - South Dakota

Agreement to Manage and Lease Real Estate - South Dakota

AGREEMENT TO MANAGE AND LEASE REAL ESTATE

(This is a legally binding contract. If you do not understand it, seek legal advice.)

This agreement to manage and lease real estate is made and entered into as of this ________ day of __________________, _________

by and between _______________________________________________________________________ hereinafter called the Owner

and __________________________________________________________________ hereinafter called the Broker.

Whereas, Owner is the owner of the property known as ______________________________________________________ located at

_________________________________________ and legally described as ______________________________________________

____________________________________________________________________________________________________________

Owner hereby employs Broker exclusively to rent, lease, operate and manage said property subject to the terms and conditions of this

agreement.

In consideration of the management and leasing functions to be performed by Broker under this agreement, Owner agrees to pay

Broker a fee or fees for services rendered at the rates hereinafter set forth. Owner recognizes Broker as agent in any negotiations

relative to said property or any part thereof, which may have been initiated during the term hereof, and if consummated, shall

compensate Broker in accordance with the rates hereinafter set forth. Such compensation is due and payable on demand and may be

deducted by Broker from gross receipts.

Management: _______________________________________________________________________________(plus sales tax)

Leasing: ___________________________________________________________________________________(plus sales tax)

The term of this agreement shall commence on the _________ day of ____________________, ___________ and expire on the

___________ day of ___________________________, ____________. This agreement is automatically renewable, upon expiration,

for annual periods unless terminated by either party giving 30-days' written notice to the other party in advance of such termination

date. However, the termination of this agreement shall not affect the right of Broker to receive leasing commissions or fees which

have accrued on the date specified in such notice and have not been paid.

As agent for Owner, Broker owes Owner the duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence,

and full accounting. Broker must disclose all known material facts about the property which could affect a tenant's use or enjoyment

of the property, disclose information which could have a material impact on either party's ability to fulfill their obligations under the

lease agreement, respond honestly and accurately to questions concerning said property, and deal honestly and fairly with all parties.

The duties and responsibilities of Broker in connection with the management of said property are as follows:

1. Broker shall take all reasonable steps to collect and enforce the collection of all rentals and other charges due Owner from

tenants of said property in accordance with the terms of their tenancies.

2. From gross revenues collected from said property, Broker is hereby authorized to accrue and make disbursements from Owner's

funds for contractual mortgage payments, property and employee taxes, salaries and any other compensation due and payable to

the employees of Owner, special assessments, premiums for hazard and liability insurance and any other insurance required, and

sums otherwise due and payable by Owner as operating expenses which are incurred pursuant to the terms of this agreement

including management and other fees as provided herein.

3. Broker shall deposit gross revenues collected into a special trust account in a bank whose deposits are insured by the Federal

Deposit Insurance Corporation. Broker shall have authority to endorse checks payable to Owner, deposit funds of Owner into

said trust account, and to draw on such account any payment to be made by Broker to discharge any of the liabilities or

obligations incurred by Broker pursuant to this agreement.

4. Broker shall arrange all repairs, replacements and decorating necessary to maintain said property it its present condition and for

the operating efficiency of said property. The expense of any one item of maintenance shall not exceed the sum of

$___________ unless authorized by Owner or unless Broker determines it to be an emergency. Owner approval is not required

in the event of an emergency where immediate repairs are required to preserve the property, continue essential services to the

property, avoid danger to life or property, or to comply with federal, state or local law.

5. Broker shall have the authority to negotiate, prepare and execute all leases and to cancel and modify existing leases as agent for

Owner.

SDREC/PMAGENCY/OWNER/5-99 Page 1 of 2

6. Broker shall advertise the availability for rent of the property or any part thereof and to display "For Rent" or "For Lease" signs

thereon; to show property to prospective tenants; to execute leases, renewals or cancellations of leases relating to said property;

to terminate tenancies and to sign and serve for Owner such notices as Broker deems appropriate; to institute legal actions in the

name of Owner; to evict tenants and recover possession of said premises; to recover rents and other sums due, and to settle,

compromise and release such actions.

7. Broker shall have authority to hire, supervise and terminate on behalf of Owner all independent contractors and property

employees, if any, reasonably required in the operation of said property. All such property employees are employees of Owner.

8. Broker shall maintain accurate records of all moneys received and disbursed in connection with its management of said property,

and such records shall be open for inspection by Owner at all reasonable times. Broker shall provide monthly financial

statements to Owner.

Owner agrees to maintain a minimum balance of $_____________ in Broker's trust account and in the event the amount falls below

such minimum balance, Owner hereby agrees to pay such excess promptly upon the request of Broker.

Owner agrees to make available to Broker all data, records and documents pertaining to the property which Broker may require to

properly exercise Broker's duties hereunder.

Owner shall complete and submit a lead-based paint disclosure if property is residential and built prior to 1978 as required by federal

regulation.

Owner authorizes Broker to:

a. cooperate with brokers who represent tenants and

b. compensate cooperating brokers from Broker's fees

c. compensate Broker's agent

Owner agrees to hold Broker harmless from all damage suits in connection with the management of said property and from liability

from injury suffered by any employee or other person whomsoever and to carry, at Owner's expense, adequate public liability

insurance and to name Broker as co-insured. Broker also shall not be liable for any error of judgement oR for any mistake of fact or

law, or for anything which Broker may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence.

If suit is brought to collect Broker's compensation or if Broker successfully defends any action brought against Broker by Owner,

relating to said property, or Broker's management thereof, Owner agrees to pay all costs incurred by Broker in connection with such

action, including reasonable attorney fees.

This agreement may be later amended or modified at any time by a written mutual agreement signed by Owner and Broker.

Broker will not discriminate based on race, color, creed, religion, sex, national origin, age, handicap or familial status and will comply

with all federal, state and local fair housing and civil rights laws and with all equal opportunity requirements.

Broker accepts this exclusive employment and agrees to use due diligence in the exercise of the duties, authority and powers conferred

upon Broker under the terms hereof.

Receipt of a copy of the contract by the owner has been acknowledged.

____________________________________________________ ______________________________________________________

Owner Date Owner Date

____________________________________________________ ______________________________________________________

Social Security Number or Tax Identification Number Social Security Number or Tax Identification Number

____________________________________________________ ____________________________________________________

Address Phone Number

____________________________________________________

City/State/Zipcode

____________________________________________________by _____________________________________________________

Broker Agent

SDREC/PMAGENCY/OWNER/5-99 Page 2 of 2