For review. Owner, property, and date placeholders are retained from the source document.
1.1 PARTIES AND PROPERTY OF AGREEMENT THIS AGREEMENT (the “Agreement”) is between SNSHN MANAGEMENT LLC, DBA, SNSHN
(the “Manager”, also known as )
and <<Owner Name(s)>>
(the “Owner”)
IN CONSIDERATION OF Managers exclusive right to manage, operate, rent and lease the following described property: <<Property Address>>
(the “Property”)
Manager’s duties and responsibilities under this Agreement shall begin as of <<Management Start Date>> .
1.2 TERM AND RENEWAL OF AGREEMENT
This Agreement shall expire on the last day of every month <<Agreement Termination Date>>
Upon expiration of the above initial term, this Agreement shall automatically be renewed and extended for a like period of time unless terminated in writing by either party by providing Written Notice 30 days prior to the date for such renewal. This Agreement may also be terminated by mutual written agreement of the parties at any time. Upon termination, Owner shall pay to Manager any fees, commissions and expenses due to Manager under terms of this Agreement, which are owing to Manager. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Manager and the heirs, administrators, successors, and assigns of the Owner. Notwithstanding the preceding sentence, Manager shall retain the right to assign its interest under this Agreement. In the event of sale, Manager shall be released from all liability under this Agreement upon the express assumption of such liability by its assignee.
1.3 MANAGERS AUTHORITY AND RESPONSIBILITY
The Owner authorizes Manager to perform the following property management duties and Owner agree to assume and pay all fees and expenses related to the Property and as provided for in this Agreement. In consideration for Owner's obligations herein, Manager agrees to use
professional knowledge and skills and reasonable efforts to fulfill Managers obligations under this authority.
1) Advertising: To advertise the availability for rental of the Property or any part thereof by any reasonable means (including the internet), to allow Manager to show the Property at reasonable times at Managers discretion through the duration of this Agreement, and to display "For Rent" and other appropriate signage, such as those meant to clarify the management relationship between Owner and Manager or otherwise for informational purposes.
2) Leasing: Manager shall solicit, review and verify tenant applications; and qualify and approve prospective tenants in accordance with company policy, fair housing and other applicable laws unless the Owner, in writing, approves of prospective tenant who does not meet
Managers company policy. Manager shall prepare and execute lease forms that identify Owner and Manager as drafter, and to negotiate, sign (as agent of Owner), renew and terminate leases for the Property or any part thereof. Lease terms shall be no longer than one year
without the prior authorization of Owner.
3) Legal Action: To sign and serve, as agent of the Owner, such notices as may be appropriate. To the extent allowed by law and in Manager’s sole discretion, to institute and prosecute any appropriate legal action for and as agent of the Owner, including but not limited to, legal action to terminate tenancies, to evict, to recover possession of Property, to recover rents and other monies due Owner; and to settle, compromise and release such actions or suits and reinstate such tenancies as may be deemed necessary by Manager. If necessary, Manager may retain competent legal counsel, as required, upon Owner's approval and expense, to institute and prosecute legal actions or suits or to otherwise represent Owner's interest related to the Property. Further, except for tenants not placed by Manager, the management fee owed under section 1.5 below shall include, and Manager shall cover, the administrative, filing, and legal costs incurred by Manager, subject to Manager’s discretion below, on behalf of Owner up to $1000 relating to each eviction proceeding. If Manager undertakes in its sole discretion any eviction proceedings on behalf of Owner, Owner acknowledges that such action does not guarantee that a tenant will be evicted or that monies due Owner will be recovered from such tenant. Rather, Manager shall use its reasonable discretion regarding whether to undertake any eviction and will use its best efforts to succeed in such action, but does not guaranty any result and shall have full authority to settle any dispute on behalf of Owner.
4) Maintenance and Repairs: To have made or schedule all decorating, maintenance, repairs, improvements and alterations required to maintain the Property in a good state of repair and appearance and to hire and supervise all employees and other labor for the accomplishment of same. To purchase or lease on behalf of the Owner, all equipment, tools, appliances, materials and supplies necessary. Manager shall retain the right to enter into contract for cleaning, maintaining, repairing or servicing the Property or any of the constituent parts of the Property without the prior consent of Owner for amounts of less than One Thousand Dollars ($1,000) per occurrence. Manager agrees to secure the prior approval of the Owner on all expenditures in excess of $1,000 for any one item, except when, in the sole opinion of the Manager, such maintenance or repairs are necessary to protect the Property from damage or to maintain services to the tenants as called for in their leases ("emergency maintenance repairs"). In case of emergency, Manager may make expenditures for repairs that exceed the aforementioned amount without prior written approval if Manager deems such expenditure to be necessary to prevent damage, loss, or injury. Owner understands and agrees Manager is not required to make inspections of the Property for the purpose of structural defects or any engineering concerns. Owner agrees not to hold Manager responsible for any damages, accidents or liability resulting from any such structural defects and or any engineering concerns that may result to any party, (tenant, guest, employee, owner, agent or otherwise) anywhere on the Property or otherwise. Furthermore, Owner understands and agrees Manager is only required to determine the needs for minor repairs and maintenance of said premises and has no obligation to inspect or determine the need for any structural or larger repairs of the premises. Further, any inspection, report, or communication related to larger projects or areas of concern by Manager are shared for informational and general purposes only without any representation as to the correctness or accuracy of such information, and no liability shall be imputed upon Manager relating to such information. Manager shall visit or inspect the Property within a reasonable time upon termination of any tenancy, completion of any repairs, or upon a tenant’s request for repair or inspection. Other than the above, Manager may, but shall not be obligated to, visit the Property at such times as Manager deems necessary.
5) Utilities and Service Contracts: To enter into utility and service contracts as agent of Owner, including but not limited to contracts for electricity, gas, fuel, water, telephone, cleaning, trash removal, towing, snow removal, lawn care, pest control and other contracts for services
and commodities as Manager shall deem advisable and necessary for the efficient operation and maintenance of the Property. Owner approval is required for any such contract that exceeds a 1 year term. The Owner agrees to assume the obligation of any of these contracts at the termination of this Agreement and provide written notice to Manager of the assumption within 10 days of termination.
6) Employees: To employ, discharge, and supervise as agent of the Owner all on-site managers, maintenance staff and other employees required for the efficient operation and maintenance of the Property. All such on-site managers, maintenance staff and other employees shall be, for all purposes, employees of the (Manager) (hereinafter "Employer"). Employer shall be solely responsible for injuries and damages caused by employees' acts of omissions except for injuries and damages caused by other Party's negligence or intentional wrongdoing. Employer shall be responsible for obtaining Worker's Compensation coverage when applicable.
1.4 COLLECTIONS AND DISBURSEMENTS
Owner hereby appoints Manager as a signatory on the Trust Account and authorizes the Manager to make all disbursements authorized under this Agreement. Manager shall have full authority to do any and all lawful things necessary for the fulfillment of this Agreement,
including the following:
1. Authority to collect all rents as they become due, and to render to the Owner a monthly accounting of rents received and expenses paid out; and to remit to the Owner all income, less any sums paid out. Manager shall deposit Owner’s income into Manager’s non-interest bearing trust account ("Trust Account") all rents, security deposits, income and any other monies received by Manager and payable to Owner relating to the Property ("Property Funds").
2. Manager is hereby authorized to withdraw from the Trust Account all fees (including the management fees, late fees, or other fees owed hereunder) and Monthly Expenses (defined below) incurred on behalf of Owner as Manager deems necessary in the management of the Property. Further, Manager shall have the authority to establish a reserve for the Owner’s properties from the Property Funds and Manager’s obligation to disburse the balance of the Trust Account each month shall be limited by Manager’s right to withhold and retain sufficient Property Funds in the Trust Account, in Manager’s sole discretion, for the purpose of maintaining a reserve for future expenses or capital expenditures relating to such properties. Subject to sufficient Property Funds in the Trust Account, Manager shall pay all obligations and expenditures necessarily and properly incurred on behalf of the Owner in the management and operation of the Property, including but not limited to supplies, repairs, maintenance, advertising costs and professional fees ("Monthly Expenses"). In the event that the Trust Account is insufficient in any given month to pay any fees or expenses owed hereunder after setoff for any reserve and Manager (in its discretion) advances any funds on behalf of Owner, Owner shall reimburse Manager within 10 days of Owners receipt of any invoice or statement from Manager reflecting such funds advanced or a negative balance (“Settlement Period”). In the event the Owners account is depleted and the Manager is not fully reimbursed within 10 days of notification of a negative balance, (i) all monies owed by Owner to Manager shall incur a daily late payment fee of $50 per day until Manager is paid in full, plus all attorney fees and costs of collections, (ii) Manager shall have the right, but not the obligation, to terminate this Agreement subject to Manager’s right to collect all funds owed hereunder, and (iii) if not terminated, Manager shall be authorized to withdraw all funds owed by Owner hereunder from Owner’s Trust Account as additional Property Funds are received.
To the extent that Manager manages multiple properties of Owner under this Agreement or separate Management Agreements with Owner, Owner hereby agrees that the term “Property” as used herein shall include all properties owned by Owner which are currently under management by Manager pursuant to a Management Agreement between the parties. Further, in the event that Manager manages more than one property owned by Owner, Owner hereby acknowledges and agrees that Manager is under no obligation to separate the funds received relating to the properties owned by the same Owner and any disbursement authorized herein from the Trust Account may be made from the collective trust funds of the Owner without regard to whether such disbursement relates to one property or another of Owner.
3. Manager shall, as mutually agreed to with Owner, either (i) hold in Owner’s Trust Account or (ii) deliver to Owner with Owner’s subsequent statement, any security deposits received by Manager in the prior month. Upon receipt if deliver to Owner, Owner shall hold and safeguard security deposits in their own account for the duration of the tenant's occupancy at the property. Further, in the event any security deposit or portion thereof is required to be returned to a tenant pursuant to Wisconsin law, Manager is hereby authorized to disburse funds from the Trust Account to the tenant up to the security deposit amount owed under Wisconsin law. To the extent that there is insufficient funds in the Trust Account to deliver to the tenant to pay the security deposit amount owed, Owner shall immediately deliver such security deposit to Manager within five days of notice from Manager and Owner hereby releases and agrees to indemnify Manager for any claims arising out of Owner’s failure to comply with the above.
4. All rental application fees, credit check fees, NSF fees, utility reimbursement admin fees, late rent fees, and any other lease-related fees other than base rent shall be owed to Manager and Manager is hereby authorized to disburse such fees from Owner’s Trust Account to Manager. Notwithstanding the above, to the extent any of the above fees arise out of a property lease, such fees are deemed owed only to the extent that Manager or Owner collects such fees from tenant.
1.5 COMPENSATION
Manager shall receive as consideration and remuneration for its services under this Management Agreement a fee equal to Management Fee
% of the gross revenues received by Owner on account of the Property on a monthly basis. This compensation shall be charged on or before the last day of each month. In addition, the Manager shall receive a commission equal to zero percent (0%) of the gross revenues payable
under each new tenant lease obtained for the Property during the term of this Agreement and zero percent (0%) of the gross revenues payable under each renewal of lease now or hereafter in effect for the Property during the term of this Agreement.
1.6 OWNERS COOPERATION
Owner agrees to make available to Manager all data, records, documents, rules and regulations, and other materials required in connection with the management of the Property at all times. Owner to cooperate fully with Managers in any actions taken on behalf of Owner under this Agreement, including but not limited to, use of Manager's lease.
1.7 ACCOUNTS AND RECORDS
The Manager shall maintain full and complete books and records with correct entries for all income and expenses resulting from the operation and management of the Property. Such books of account and records shall be the property of the Owner and shall, with 24 hours
notice during regular business hours be open to the inspections of the Owner or the authorized representative of the Owner. The Manager shall furnish to Owner a detailed statement of all income and expenses for each month, on or before the 10th day of the following month and shall disburse to Owner any Property Funds received less any fees owed to Manager hereunder, Monthly Expenses charged to the Trust Account, and any reserve established by Manager. Any charges that aren’t disputed within the Settlement Period shall be deemed accepted and consented to by Owner (and Owner waives any claim relating to such charges). Within forty-five (45) days after the close of each annual year, the Manager shall deliver to Owner a detailed statement of all income and expense of such Owner, a balance sheet as of the end of said year, and a profit and loss statement of the Property for such year.
1.8 INSURANCE
Owner, at its expense, will obtain prior to this Agreement and keep active throughout, a comprehensive insurance against physical damage (e.g. fire and extended coverage endorsement, boiler and machinery, etc.) and against liability for loss, damage or injury to property or persons which might arise out of the occupancy, management, operations or maintenance of the Property covered by this Agreement. Owner understands and agrees only the Owner of said property shall be held liable for any lawsuit, action, accident or legal matter of any kind that may occur regarding or on the said premises resulting from negligence, recklessness or willful misconduct from either party Owner or Owner's agent. Therefore, in case of a joint lawsuit by an injured party, Owner agrees to cover any and all costs over and above what Owner’s insurance may cover and indemnity Manager from any such claims. All representations and warranties of the parties contained herein shall survive the termination of this Agreement.
Manager, at its expense, shall keep and maintain during the term of this Agreement, professional liability insurance coverage in such amount as Manager deems necessary in its sole discretion.
1.9 LIABILITY
Owner hereby agrees to hold Manager harmless from any and all claims, expenses, losses, costs, debts, demands and lawsuits, including attorney's fees, and from any liability for injury on or about the Property which may be suffered by any employee, tenant or guest upon the Property arising out of this Agreement unless caused by gross negligence or intentional wrongdoing of Manager.
1.10 MISCELLANEOUS PROVISIONS
Applicable Law: This Agreement shall be construed under and in accordance with the laws of Wisconsin, and all obligations of the parties created under this Agreement are performable in Wisconsin.
Communication: For purposes of this Agreement, email, phone calls, written letter, text messaging, and other forms of electronic communication between Manager and Owner shall be defined as Written Notice.
No Waiver: The waiver or failure of either party to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
Electronic 1099 Consent:
Owner agrees to receive annual income reporting, IRS form 1099-K or other statements, electronically via email where such email shall be updated and specified by Owner, or via the email address below.
Owner’s Email:_______________
Lockbox and Electronic Locks: Manager is authorized to place a lockbox on the Property for use by Manager, Tenants, Vendors, Cooperating Brokers, prospective Tenants or other relevant parties. Manager may provide a lockbox or electronic lock code that allows access to the property for prospective Tenants. Owner fully releases, discharges and holds harmless Manager and its agents, officers, and employees from any losses, damages, judgments, expenses (including reasonable attorney’s fees), claims and actions of any kind, arising out of or relating to Manager’s use of such lockbox system. Owner agrees to indemnify Manager and its agents, officers, and employees, from and against any and all losses, damages, judgments, expenses (including reasonable attorney’s fees), claims and actions of any kind, arising out of or relating to Manager’s use of such lockbox and electronic lock system.
Legal Construction: In the event, any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision. This Agreement shall be
construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
Prior Contracts Superseded: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement.
Amendments: This Agreement may be amended by the parties only by a written signed agreement.
Attorneys' Fees: If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent
Sex Offender Registry: You may obtain information about the sex offender registry and persons registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at http://www.widocoffenders.org or by phone at 877-234-0085.
Lead-Based Paint: Owner shall be responsible for the identification and elimination of lead-based paint hazards and compliance with all applicable lead-based paint laws.
Non-Discrimination: Owner and Manager and its agents agree that they will not discriminate based on race, color, sex, sexual orientation as defined in Wisconsin Statutes, disability, religion, national origin, marital status, lawful source of income, age, ancestry, family status, status as a victim of domestic abuse, sexual assault or stalking, or in any other unlawful manner.
1.11 DEFAULT
In the event of a material default by either party to this Agreement, this Agreement may be terminated by the non-defaulting party if such default is not cured within 10 days after delivery of written notice of such default to the defaulting party. In the event any legal
proceeding arises as a result of any default under this Agreement, the prevailing party shall be entitled to reimbursement of any costs and expenses, including reasonable attorneys fees, incurred by the prevailing party in connection therewith.
1.12 AGENCY DISCLOSURE PROVISIONS
AGENCY DISCLOSURE AND CONSENT TO MULTIPLE REPRESENTATION: Wisconsin Statute § 452.135(2) requires Broker to disclose
that Owner is Broker's client. If a multiple representation relationship is consented to and does occur, both parties will be Broker's clients.
DUTIES OWED TO ALL PARTIES: Wisconsin Statute § 452.133(1) states that in providing brokerage services to a party to a transaction
(including both clients and customers), a broker shall do all of the following:
a) Provide brokerage services to all parties to the transaction honestly, fairly and in good faith.
b) Diligently exercise reasonable skill and care in providing brokerage services to all parties.
c) Disclose to each party all material adverse facts that the broker knows and that the party does not know or cannot discover through
reasonably vigilant observation, unless the disclosure of a material adverse fact in prohibited by law.
d) Keep confidential any information given to the broker in confidence, or any information obtained by the broker that he or she knows
a reasonable party would want to be kept confidential, unless the information must be disclosed under par. (c) or Wis. Stat. § 452.23
(information contradicting third party inspection or investigation reports), or is otherwise required by law to be disclosed or the party whose
interests may be adversely affected by the disclosure specifically authorizes the disclosure of particular confidential information. A broker
shall continue to keep the information confidential after the transaction is complete and after the broker is no longer providing brokerage
services to the party.
e) Provide accurate information about market conditions that affect a transactions, to any party who requests the information, within a
reasonable time of the party's request, unless disclosure of the information is prohibited by law.
f) Account for all property of the parties coming into the possession of a broker within a reasonable time of receipt.
g) When negotiating on behalf of a party, present contract proposals in an objective and unbiased manner and disclose the advantages and
disadvantages of the proposals.
DUTIES OWED TO CLIENTS ONLY:
Wisconsin Statute § 452.133(2) states that in addition to his or her duties, a broker providing brokerage services to his or her client shall do
all the following:
a) Loyally represent the client's interests by placing the client's interests ahead of the interests of any other party, unless loyalty to a client
violates the broker's duties under Wis. Stat. § 452.137(2) (duties to all clients in multiple representation situations).
b) Disclose to the client all information known by the broker that is material to the transaction and that is not known by the client or
discoverable by the client through reasonably vigilant observation, except for confidential information and other information, the disclosure
of which is prohibited by law.
c) Fulfill any obligation required by the agency agreement, and any order of the client that is within the scope of the agency agreement, that
are not inconsistent with another duty that the broker has under Wis. Stat. Chapter 452 or any other law.
MULTIPLE REPRESENTATION (DUAL AGENCY): See Wisconsin statue § 452.137, if applicable.
1.13 ADDITIONAL PROVISIONS
Open text for provisions amendments addendums
By initialing below, you acknowledge and agree to the terms in Section 1.
Initial Here
X
2. Sign and Accept
2.1 ACCEPTANCE OF MANAGEMENT AGREEMENT
This is a legally binding document. By typing your name, you are consenting to use electronic means to (i) sign this contract (ii)
accept Agreement and addenda. You will receive an electronic copy of the contract for your records.
CAUTION: If Signed, This Agreement can create a legally enforceable contract. Real estate brokers may provide general explanation of the
provisions of this Agreement or other contracts but are prohibited by law from giving advice or opinions concerning the Owner’s legal rights under this Agreement or any other contract. An attorney should be consulted if legal advice is needed.
All persons signing below on behalf of an Owner Entity represent that they have proper legal authority to sign for and bind that entity.
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