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Richard Agree

Executive Chairman of the Board at AGREE REALTY
Executive
Board

About Richard Agree

Richard Agree, age 81, is Executive Chairman of Agree Realty Corporation and has served in this role since January 2013; he was previously the company’s Chief Executive Officer and Chairman from December 1993 to January 2013, and earlier led the predecessor entities since 1971 . He is a graduate of the Detroit College of Law, a member of the State Bar of Michigan and the International Council of Shopping Centers, and is the father of CEO Joel Agree (a governance independence consideration) . Company performance under the Agree family leadership has emphasized steady growth: 2024 AFFO/share grew 4.6% (three‑year stacked ~17%) and the five‑year AFFO/share CAGR is ~6%; total shareholder returns have ranked near the top of the triple-net peer group and MSCI US REIT index over the last 10 years .

Past Roles

OrganizationRoleYearsStrategic impact
Agree Realty CorporationExecutive ChairmanJan 2013 – presentBoard leadership; capital allocation oversight; long-term strategy
Agree Realty CorporationCEO & ChairmanDec 1993 – Jan 2013Led IPO-era growth and portfolio scaling
Predecessor entitiesPresident/Managing PartnerSince 1971Managed/oversaw development of 8+ million sq. ft. of retail real estate

External Roles

OrganizationRoleYearsNotes
State Bar of MichiganMemberN/ALegal credentials
International Council of Shopping Centers (ICSC)MemberN/AIndustry affiliation

Fixed Compensation

YearDirector feesExecutive Chairman – time-based RSUs (#)Grant date fair value ($)Vesting
2024No director compensation for Richard (he is paid as Executive Chairman) 9,198 528,977 Ratable over 3 years
2023No director compensation for Richard (he is paid as Executive Chairman) 5,957 436,469 Ratable over 3 years

Notes:

  • Company has not granted stock options in recent years (context for overall executive program) .

Performance Compensation

  • No performance-based equity or cash bonus is disclosed for Richard; his disclosed awards are time-based restricted stock that vest ratably over three years .

Company LTI PSU design (context for NEOs):

MetricWeightPerformance periodPayout levelsVesting mechanics
3-yr relative TSR vs MSCI US REIT Index50% 3 years 0% below 25th; 50% at 25th; 100% at 50th; 150% at 75th; 200% at 90th; capped at 100% if absolute TSR is negative Shares earned after performance period vest on 3rd anniversary of grant
3-yr relative TSR vs company-defined net lease peer group50% 3 years Same schedule as above Same as above

Additional program governance:

  • Compensation Recovery (clawback) policy updated in Dec 2023 to comply with SEC/NYSE; applies to erroneously awarded incentive compensation following qualifying restatements .
  • 2022 PSU awards certified at 150% of target based on 3-yr TSR percentiles (76th vs MSCI US REIT; 86th vs peer group) (context) .

Equity Ownership & Alignment

Data pointValueNotes
Total beneficial ownership638,645 shares Less than 1% of outstanding
Breakdown of beneficial ownership417,278 direct; 85,512 spouse; 135,855 in irrevocable trusts for children Excludes 347,619 Common OP Units (convertible to common)
Unvested restricted stock (as of Mar 7, 2025)19,521 shares Time-based
Pledging/hedgingProhibited for directors and executive officers Proxy also states none of the named officers/directors have pledged shares as collateral
Stock ownership guidelineExecutive Chairman: 3x annual base compensation; all directors/executives are compliant or within transition period as of Mar 7, 2025 Applies to directors and specified officers

Insider activity and potential selling pressure:

  • Time-based RSUs vest ratably over three years (creates regular release cadence) .
  • Late Section 16 Form 4 filing in 2023: a Form 4 for Richard Agree (and Joel Agree) filed Dec 14, 2023 for gift transactions on Nov 20, 2023 (administrative oversight) .

Employment Terms

  • No stand-alone employment agreement, severance, or change-in-control terms for Richard are disclosed in the proxy; his disclosed compensation consists of time-vested restricted shares as Executive Chairman .
  • Company-wide clawback policy applies to executive officers/directors under SEC/NYSE rules .

Board Governance

ItemDetail
Board roleExecutive Chairman; Director term ending 2027
IndependenceAll directors are independent except the CEO and Executive Chairman (i.e., Richard is not independent)
Committee rolesChair, Executive Committee; not on Audit/Comp/Nominating (those are fully independent)
Lead Independent DirectorPosition established in 2019; Gregory Lehmkuhl serving since Dec 2020
Meeting cadence/attendanceBoard met 4 times in 2024; each director attended ≥75% of Board/committee meetings; independent directors hold quarterly executive sessions
Dual-role considerationsFamily relationship: Richard is the father of CEO Joel Agree; mitigants include majority-independent Board, fully independent key committees, Lead Independent Director, and regular executive sessions

Related Party Transactions

DateCounterpartyDescriptionKey termsImplications
Oct 3, 2023Richard Agree; Agree Realty Operating PartnershipReimbursement AgreementRichard agrees to reimburse a proportionate share of OP losses equal to $500,000 plus the difference between his total share of nonrecourse debt and his negative capital account Board/Audit oversight of related party transactions; alignment consideration (shared exposure)

Say-on-Pay & Compensation Committee Context

  • Say-on-pay support: More than 93% of votes cast approved executive compensation in 2024, which the committee viewed as an endorsement; ongoing shareholder engagement noted .
  • Committee composition/consultant: Compensation Committee is fully independent; uses Meridian as its external advisor .
  • Peer benchmarking and design improvements: Detailed peer group benchmarking used; LTI mix more performance-based and PSU payout capped at 100% if absolute TSR is negative; CEO PSU weighting increased to 70% in 2025 (context) .

Investment Implications

  • Alignment: Richard’s compensation is equity-heavy via time-based RSUs, reinforcing alignment through ownership; anti-hedging/pledging policy and compliance with ownership guidelines further support alignment and reduce forced-sale risk .
  • Performance linkage: Unlike NEOs with PSUs tied to relative TSR, Richard’s disclosed awards are time-based, not explicitly performance-conditioned, which slightly dilutes pay-for-performance signaling for his role .
  • Governance/independence: Dual-role/family relationship with the CEO is a governance consideration, mitigated by a majority-independent Board, independent key committees, a Lead Independent Director, and regular independent sessions; investors should continue to monitor board refreshment and independence .
  • Retention and sale pressure: 19,521 unvested restricted shares and ongoing three-year vesting schedules create predictable vesting supply but no evidence of pledging and no options overhang; no recent disclosed open-market selling by Richard in the proxy .
  • Related party lens: The 2023 reimbursement agreement links Richard to certain OP loss exposures; while reviewed under the company’s related party policy, it warrants continued monitoring for potential conflicts or incremental risk transfer .
  • Company performance backdrop: With AFFO/share growth and TSR leadership over long periods, the broader performance context is constructive; continued high say-on-pay support implies investors have generally accepted the compensation governance framework to date .