Audit Documents. [SUBJECT TO THE REVIEW OF SELLER] DOCUMENTS REQUIRED FOR 3-14 AUDIT (Please provide highlighted items as soon as possible) General — Property operating statements for the most recent full calendar year and for the current year to date with break out in quarterly intervals, eg.: For a property purchased on 4/15/12; we would need operating statements for the Quarters ended 3/31/11, 6/30/11, 9/30/11, 12/31/11, 3/31/12 and YTD 12/31/11 and YTD 12/31/12. Post closing we will need the income statement from the last full quarter provided to the closing date. Provided by Accounting — Trial balances at the end of the most recent full calendar year and as of the current date. Provided by Accounting — General ledger for the most recent full calendar year and for the current year to date (should include activity for entire year and all general ledger accounts). Provided by accounting — Bank statements and Bank Reconciliations – need as of prior year end month (eg 12/31/11 for 2012 acquisition); 2 months following prior year end month (eg 01/31/12 and 02/29/12); and most recent quarter end month. Provided by accounting Revenues Access to the following for all revenues for the most recent full calendar year and for the current year to date: — Lease agreements including any leases which have expired or were terminated in 2011 (latest full calendar year) and 2012 (current year). We may also request lease agreements going back for the last 5 years Xxxxx sent these to Xxxxxxx — Rent rolls at year end for the last five years (2007, 2008, 2009, 2010, 2011) Xxxxx sent to Kenned — Access to billing invoices and tenant cash receipts Will provide copies of December rent bills — Straight line rent support for the last full calendar year and for the current year to date (if applicable) Per Sanam – this is not applicable — Tenant ledger for the last full calendar year and for the current year to date This was provided by accounting Access to the following for certain revenues, if applicable, for the most recent full calendar year and for the current year to date: — Schedule of parking revenues and related support (agreements, copy of receipts, etc.). Xxxxx sent October parking report to Kenned Expenses Access to the following for all expenses for the most recent full calendar year and for the current year to date: — Invoices — Check copies Due to automated accounts payable system, we don’t have copies of invoices Check register for current year to date. This has been sent by accounting Access to the following for all certain expenses, if applicable, for the most recent full calendar year and for the current year to date: — Property tax bills These should be on portal — Insurance statements I sent a current certificate of insurance to Kenned — Management fee agreement will provide — Management fee calculation Sent by accounting — Agreements with Contractors All service contracts have been sent to War Room — Utility Bills Will provide Note: Support should cover entire year and current year. Eg. If insurance policy is from July to June and we are in July 2012; we would need July 2010 to June 2011; July 2011 to June 2012; and July 2012 to June 2013 (if available) Reimbursable Expenses Access to the following for the most recent full calendar year and for the current year to date: — CAM calculation to support monthly xxxxxxxx. This was sent to Eastdil — Year-end CAM reconciliation. 2011 should be in war room Post-closing — Final income statement for the current year from January 1, through the date of sale. — Final trial balance as of the date of sale. — Final general ledger for the current year from January 1, through the date of sale. Please note that additional documentation may be required based on the findings of the 3-14 audit. EXHIBIT N PRE-CLOSING LEASING COSTS Unfunded tenant improvements and leasing commissions as of November 21, 2012. * Remaining TI Allowance Applications Tenant Suite Square Footage Amount Remaining Usability Sciences 1600 19,295 $ 176,331.21 Xxxxxxxx Tri-Gas Expansion 1470 4,738 $ 45,478.98 Amtel 1400 4,561 $ 114,025.00 Standard Pacific 1700 12,034 $ 64,141.22 Realty Capital 150 4,262 $ 119,336.00 NFI Road Rail 950 5,943 $ 114,284.40 One Vision / Direct Packet 1800 12,478 $ 124,780.00 DW Energy Expansion 1915 1,531 Turnkey THEO Group Expansion 1910 1,611 $ 32,220.00 $ 790,596.81 LEASING COMMISSIONS Project Name Type of Project Estimated Completion Date Amount Currently Unfunded DW Energy Ste 1915 Leasing Commissions TBD $4,788.20 Direct Packet / One Vision Ste 1800 Leasing Commissions TBD $85,138.95 THEO Group Ste 1910 Leasing Commissions TBD $9,810.99 Xxxxxxxxx Semiconductor Leasing Commissions Done $23,801.58 Direct Energy Leasing Commissions Done $2,127.69 TOTAL $125,667.41 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT O PRE-CLOSING CAPITAL COSTS Unfunded capital costs as of November 30, 2012.* Project Name Type Of Project Estimated Completion Date Amount Currently Unfunded Corridor/RR Upgrades Floor 18 Building Improvements TBD $33,000.00 Corridor Upgrades Floor 9 Building Improvements TBD $33,000.00 Elevator Modernization Building Improvements 11/1/2013 $482,097.45 Parking Equipment Upgrade Building Improvements 11/7/2012 $60,000 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT P FORM OF CONTRACTOR’S CERTIFICATE CONTRACTOR’S CERTIFICATE The undersigned, (the “Contractor”), is a party to that certain Construction Contract dated (the “Construction Contract”), by and between Contractor and a (the “Seller”), in connection with that certain real property commonly known as , County, (the “Property”). Seller has advised Contractor that Seller intends to sell the Property to , a (the “Purchaser”), on a closing date of (the “Closing Date”) and, in connection with such purchase by Purchaser of the Property, Seller intends to transfer and assign the Construction Contract to Purchaser and all of Seller’s rights and obligations thereunder. In connection with Seller’s transfer of the Property to Purchaser and Seller’s assignment of the Construction Contract to Purchaser, Contractor certifies and represents the following:
Appears in 1 contract
Samples: Letter Agreement (KBS Real Estate Investment Trust III, Inc.)
Audit Documents. [SUBJECT TO THE REVIEW OF SELLER] DOCUMENTS REQUIRED FOR 3-14 AUDIT (Please provide highlighted items as soon as possible) General — • Property operating statements for the most recent full calendar year (2015) and for the current year to date with break out in quarterly intervals, eg.: For a property purchased on 4/15/12; we would need operating statements for the Quarters ended 3/31/11, 6/30/11, 9/30/11, 12/31/11, 3/31/12 and YTD 12/31/11 and YTD 12/31/12. Post closing we will need the income statement from the last full quarter provided to the closing date. Provided by Accounting — • Trial balances at the end of the most recent full calendar year (12/31/15) and as of the current date. Provided by Accounting — • General ledger for the most recent full calendar year and for the current year to date (should include activity for entire year and all general ledger accountsyear). Provided by accounting — Bank • Property bank statements and Bank Reconciliations – need reconciliations as of prior year end month (eg 12/31/11 for 2012 acquisition); 2 months following prior year end month (eg 01/31/12 12/31/15, 1/31/16 and 02/29/12); and most recent quarter end month. Provided by accounting 2/29/16 Revenues Access to the following for all revenues for the most recent full calendar year and for the current year to date: — • Lease agreements including any leases which have expired or were terminated in 2011 (2015 • Rent rolls as of 12/31/14 and 12/31/15 • Detailed tenant ledger for the latest full calendar year) year and 2012 (current year). We may also request lease agreements going back for the last 5 years Xxxxx sent these to Xxxxxxx — Rent rolls at year end for the last five years (2007, 2008, 2009, 2010, 2011) Xxxxx sent to Kenned — • Access to billing invoices and tenant cash receipts Will provide copies of December rent bills — Straight line rent support for the last full calendar year specific tenants (selections to be provided) Supporting documents and schedules for the current year to date other revenues (if applicable) Per Sanam – this is not applicable — Tenant ledger for the last full calendar year and for the current year to date This was provided by accounting Access to the following for certain revenuesi.e., parking income), if applicable, for the most recent full calendar year and for the current year to date: — Schedule of parking revenues and related support (agreements, copy of receipts, etc.). Xxxxx sent October parking report to Kenned Expenses Access to the following for all expenses for the most recent full calendar year and for the current year to date: — • Invoices — and check copies (selections to be provided) • Check copies Due to automated accounts payable system, we don’t have copies of invoices Check register for current year to date. This has been sent by accounting Access to the following for all certain expenses, if applicable, for the most recent full calendar year and for the current year to date: — Property tax bills These should be on portal — Insurance statements I sent a current certificate of insurance to Kenned — Management fee agreement will provide — Management fee calculation Sent by accounting — registers • Agreements with Contractors All service contracts have been sent (specific agreements to War Room — Utility Bills Will provide Note: Support should cover entire year and current year. Eg. If insurance policy is from July to June and we are in July 2012; we would need July 2010 to June 2011; July 2011 to June 2012; and July 2012 to June 2013 (if availablebe requested) Reimbursable Expenses Access to the following for the most recent full calendar year and for the current year to date: — • CAM calculation to support monthly xxxxxxxx. This was sent to Eastdil — • Year-end CAM reconciliation. 2011 should be in war room Post-closing — Final income statement for the current year from January 1operating statement, through the date of sale. — Final trial balance as of the date of sale. — Final and general ledger for the current year from January 1, 1 through the date of sale. Please note that additional documentation may SCHEDULE 3.5 SCERTAIN MISCELLANEOUS AGREEMENTS Vendor Document Type Dated Comments ABM Janitorial Services, Inc. Service Contractor Agreement February 24, 2009 Janitorial and Day Xxxxxx Services Able Engineering Services Service Contractor Agreement October 3, 2005 Engineering Services DFS Commercial, Inc. Service Contractor Agreement August 1, 2006 Interior Carpet Cleaning Ricoh USA, Inc. Image Management Plus Agreement July 14, 2014 Copier Agreement Xxxx Elevator Company Service Contractor Agreement February 26, 2009 Elevator Maintenance Capitol Communications Service Contractor Agreement May 23, 2003 Riser Management Professional Technical Security Services, Inc. Service Contractor Agreement February 27, 2006 Building Security Services Xxxxxx Xxxx Co., Inc. Service Contractor Agreement March 15, 2006 Lobby Marble Maintenance Ambius Service Contractor Agreement April 27, 2012 Interior Plant Care TriSignal Integration, Inc. Service Contractor Agreement May 1, 2015 Testing and Inspecting Services Terminix/Rose Exterminator Company Service Contractor Agreement July 1, 1998 Pest Control Services Megapath Service Agreement July 22, 2013 Conference Room WiFi Huntsman Architectural Services Agreement November 10, 2006 Architectural Services Schedule 3.5, Page 1 Vendor Document Type Dated Comments Xxxxxxx Xxxxxxxx Service Contractor Agreement July 1, 2015 Water treatment analysis/program Valley Power Systems Service Contractor Agreement January 14, 2016 Annual Testing of Diesel Generator and Fire Pump ACCO Engineering Systems Service Contractor Agreement January 14, 2016 Annual Preventative Maintenance on HVAC System SCHEDULE 4.3(g) LIST OF LEASES Suite No. Tenant Date of Lease Amendments 280B Sterling M. Enterprisesdba Xxx'x Deli May 6, 2011 290B Xxxxxxx & Company June 12, 1997 1st - Jan. 27, 19982nd - April 30, 20023rd - May 8, 20034th - June 11, 20045th - June 25, 2007 292B Xxxxx Fargo Bank, N.A. January 17, 0000 0xx - Xxxxx 00, 00000xx - Xxx. 12, 19933rd - June 25, 19994th - April 14, 20045th - June 17, 2008 383S Drs. Hall & Xxxxx Xxxxx 6, 2000 1st - January 29, 2010 200 Landmark Education May 28, 1993 1st - Jan. 20, 19982nd - March 12, 20033rd - Feb. 22, 20054th - July 28, 20055th - Sept. 19, 20076th - Sept. 7, 20127th - July 10, 2013 300 Medicines360, Inc. to be required based on the findings relocated here (See Suite 900) 360 Xerox Corp. September 22, 2014 400 Telerep, Incorporated May 12, 2000 1st - June 7, 20072nd - Nov. 3, 2011 420 Xxxxx, Xxxxxxxx & Leiden LLP July 15, 1997 1st - Sept. 23, 19982nd - Dec. 6, 19993rd - Jan. 24, 20014th - May 1, 20035th - Dec. 19, 20036th - April 27, 20077th - April 3, 20098th - Sept. 20, 20109th - June 14, 201210th - Dec. 12, 2014 500 Xxxxxx Xxxxxxx November 29, 2000 1st - June 11, 20072nd - Dec. 14, 2012 Schedule 4.3(g), Page 1 Suite No. Tenant Date of the 3-14 audit. EXHIBIT N PRE-CLOSING LEASING COSTS Unfunded tenant improvements and leasing commissions as of Lease Amendments 560 Software ManagementConsultants, Inc. (SMCI) November 4, 2009 1st - July 12, 2013 600 Liberty Mutual June 26, 2008 1st - June 13, 2013 700 Available Space 740 Imprint Capital May 8, 2009 1st - March 28, 2011 800 Buck Consultants October 24, 2012 1st - Sept. 2014 900 Medicines360, Inc. August 29, 2011 1st - March 22, 2016 1000 Bay Area Council January 21, 2012. * Remaining TI Allowance Applications Tenant 2013 1060 Building Conference Center 1120 Available Space 1140 Xxxxxxxx And Dito, LLP December 22, 2011 1160 Pacific Eagle Holdings - Building Office 1200 Xxxxx Appleman& Leiden LLP See Suite Square Footage Amount Remaining Usability Sciences 420 1300 Xxxxx Appleman& Leiden LLP See Suite 420 1360 Xxxxx Appleman& Leiden LLP See Suite 420 1400 Xxxxx Appleman& Leiden LLP See Suite 420 1500 Pentaho Corporation March 5, 2013 1st - Aug. 21, 2015 1600 19,295 $ 176,331.21 Xxxxxxxx Tri-Gas Expansion 1470 4,738 $ 45,478.98 Amtel 1400 4,561 $ 114,025.00 Standard Xxxxxxx, Calladine& Xxxxxxxx, LLP March 5, 2004 1st - April 13, 20052nd - April 1, 20103rd - June 28, 2010 1700 Beecher CarlsonInsurance October 9, 2007 1st - May 9, 20122nd - Nov. 25, 2013 1740 Xxxxxxx, Calladine& Xxxxxxxx, LLP See Suite 1600 1788 Pacific 1700 12,034 $ 64,141.22 Realty Capital 150 4,262 $ 119,336.00 NFI Road Rail 950 5,943 $ 114,284.40 One Vision / Direct Packet Eagle HoldingsCorporation June 1, 2014 1800 12,478 $ 124,780.00 DW Energy Expansion 1915 1,531 Turnkey THEO Group Expansion 1910 1,611 $ 32,220.00 $ 790,596.81 LEASING COMMISSIONS Project Name Type of Project Estimated Completion Date Amount Currently Unfunded DW Energy Ste 1915 Leasing Commissions TBD $4,788.20 Direct Packet / One Vision Ste 1800 Leasing Commissions TBD $85,138.95 THEO Group Ste 1910 Leasing Commissions TBD $9,810.99 Xxxxxxxxx Semiconductor Leasing Commissions Done $23,801.58 Direct Energy Leasing Commissions Done $2,127.69 TOTAL $125,667.41 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT O PRE-CLOSING CAPITAL COSTS Unfunded capital costs as of Premier Staffing, Inc. November 14, 2014 1900 Black & Xxxxxx Xxxxx 1, 2013 2000 Xxxxx Xxxxx, LLP September 6, 2011 2100 Xxxxxxx Xxxxx(dba H/L Partners) September 30, 2012.* Project Name Type Of Project Estimated Completion Date Amount Currently Unfunded Corridor/RR Upgrades Floor 18 Building Improvements TBD $33,000.00 Corridor Upgrades Floor 9 Building Improvements TBD $33,000.00 Elevator Modernization Building Improvements 11/1/2013 $482,097.45 Parking Equipment Upgrade Building Improvements 11/7/2012 $60,000 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT P FORM OF CONTRACTOR’S CERTIFICATE CONTRACTOR’S CERTIFICATE The undersigned, (the “Contractor”2013 Schedule 4.3(g), is a party to that certain Construction Contract dated Page 2 Suite No. Tenant Date of Lease Amendments 2200 Available Space 2300 Ameriprise Holdings, Inc. July 17, 2013 Roof New Cingular Wireless PCS, LLC (the “Construction Contract”)AT&T) June 2, by and between Contractor and a (the “Seller”)1986 1st - July 17, in connection with that certain real property commonly known as 19872nd - March 25, County19913rd - Feb. 11, (the “Property”). Seller has advised Contractor that Seller intends to sell the Property to 20024th - March 6, a (the “Purchaser”)20075th - April 15, on a closing date of (the “Closing Date”) and, in connection with such purchase by Purchaser of the Property, Seller intends to transfer and assign the Construction Contract to Purchaser and all of Seller’s rights and obligations thereunder. In connection with Seller’s transfer of the Property to Purchaser and Seller’s assignment of the Construction Contract to Purchaser, Contractor certifies and represents the following:2008 SCHEDULE 5.3 CERTAIN LEASES UNDER WHICH SELLER WILL PAY LEASING COSTS
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Audit Documents. [SUBJECT TO THE REVIEW OF SELLER] DOCUMENTS REQUIRED FOR 3-14 AUDIT (Please provide highlighted items as soon as possible) General — • Property operating statements for the most recent full calendar year (2015) and for the current year to date with break out in quarterly intervals, eg.: For a property purchased on 4/15/12; we would need operating statements for the Quarters ended 3/31/11, 6/30/11, 9/30/11, 12/31/11, 3/31/12 and YTD 12/31/11 and YTD 12/31/12. Post closing we will need the income statement from the last full quarter provided to the closing date. Provided by Accounting — • Trial balances at the end of the most recent full calendar year (12/31/15) and as of the current date. Provided by Accounting — • General ledger for the most recent full calendar year and for the current year to date (should include activity for entire year and all general ledger accountsyear). Provided by accounting — Bank • Property bank statements and Bank Reconciliations – need reconciliations as of prior year end month (eg 12/31/11 for 2012 acquisition); 2 months following prior year end month (eg 01/31/12 12/31/15, 1/31/16 and 02/29/12); and most recent quarter end month. Provided by accounting 2/29/16 Revenues Access to the following for all revenues for the most recent full calendar year and for the current year to date: — • Lease agreements including any leases which have expired or were terminated in 2011 (2015 • Rent rolls as of 12/31/14 and 12/31/15 • Detailed tenant ledger for the latest full calendar year) year and 2012 (current year). We may also request lease agreements going back for the last 5 years Xxxxx sent these to Xxxxxxx — Rent rolls at year end for the last five years (2007, 2008, 2009, 2010, 2011) Xxxxx sent to Kenned — • Access to billing invoices and tenant cash receipts Will provide copies of December rent bills — Straight line rent support for the last full calendar year specific tenants (selections to be provided) Supporting documents and schedules for the current year to date other revenues (if applicable) Per Sanam – this is not applicable — Tenant ledger for the last full calendar year and for the current year to date This was provided by accounting Access to the following for certain revenuesi.e. parking income), if applicable, for the most recent full calendar year and for the current year to date: — Schedule of parking revenues and related support (agreements, copy of receipts, etc.). Xxxxx sent October parking report to Kenned Expenses Access to the following for all expenses for the most recent full calendar year and for the current year to date: — • Invoices — and check copies (selections to be provided) • Check copies Due to automated accounts payable system, we don’t have copies of invoices Check register for current year to date. This has been sent by accounting Access to the following for all certain expenses, if applicable, for the most recent full calendar year and for the current year to date: — Property tax bills These should be on portal — Insurance statements I sent a current certificate of insurance to Kenned — Management fee agreement will provide — Management fee calculation Sent by accounting — registers • Agreements with Contractors All service contracts have been sent (specific agreements to War Room — Utility Bills Will provide Note: Support should cover entire year and current year. Eg. If insurance policy is from July to June and we are in July 2012; we would need July 2010 to June 2011; July 2011 to June 2012; and July 2012 to June 2013 (if availablebe requested) Reimbursable Expenses Access to the following for the most recent full calendar year and for the current year to date: — • CAM calculation to support monthly xxxxxxxx. This was sent to Eastdil — • Year-end CAM reconciliation. 2011 should be in war room Post-closing — Final income statement for the current year from January 1operating statement, through the date of sale. — Final trial balance as of the date of sale. — Final and general ledger for the current year from January 1, 1 through the date of sale. Please note that additional documentation may be required based on the findings of the 3-14 audit. EXHIBIT N PRED CONTRACTS Commonwealth Service Contracts Description Vendor Name Document Date Amendment Janitorial ABM 8/1/13 8/14/15 Elevators Thyssen Xxxxx 10/3/07 Facility Maintenance EMCOR 1/1/2012 12/23/2014 Water Treatment Chem-CLOSING LEASING COSTS Unfunded tenant improvements and leasing commissions as of November 21, 2012. * Remaining TI Allowance Applications Tenant Suite Square Footage Amount Remaining Usability Sciences 1600 19,295 $ 176,331.21 Xxxxxxxx Tri-Gas Expansion 1470 4,738 $ 45,478.98 Amtel 1400 4,561 $ 114,025.00 Standard Pacific 1700 12,034 $ 64,141.22 Realty Capital 150 4,262 $ 119,336.00 NFI Road Rail 950 5,943 $ 114,284.40 One Vision / Direct Packet 1800 12,478 $ 124,780.00 DW Energy Expansion 1915 1,531 Turnkey THEO Group Expansion 1910 1,611 $ 32,220.00 $ 790,596.81 LEASING COMMISSIONS Project Name Type of Project Estimated Completion Date Amount Currently Unfunded DW Energy Ste 1915 Leasing Commissions TBD $4,788.20 Direct Packet / One Vision Ste 1800 Leasing Commissions TBD $85,138.95 THEO Group Ste 1910 Leasing Commissions TBD $9,810.99 Xxxxxxxxx Semiconductor Leasing Commissions Done $23,801.58 Direct Energy Leasing Commissions Done $2,127.69 TOTAL $125,667.41 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT O PRE-CLOSING CAPITAL COSTS Unfunded capital costs as of November 30, 2012.* Project Name Type Of Project Estimated Completion Date Amount Currently Unfunded Corridor/RR Upgrades Floor 18 Building Improvements TBD $33,000.00 Corridor Upgrades Floor 9 Building Improvements TBD $33,000.00 Elevator Modernization Building Improvements 11/1/2013 $482,097.45 Aqua 11/13/2007 Boiler Maintenance Xxxx Industrial 1/1/2013 Chiller Maintenance Trane 12/18/2015 Sprinkler Contract Fire Systems West 1/1/2013 Pest Control Cross 12/5/2007 Alarm Monitoring Protec 3/7/2008 Security Securitas 1/1/2013 Trash Removal Waste Management 11/1/2015 Towel Service Aramark 10/20/2015 Parking Equipment Upgrade Building Improvements 11/7/2012 $60,000 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT P FORM OF CONTRACTOR’S CERTIFICATE CONTRACTOR’S CERTIFICATE The undersigned, (the “Contractor”), is a party to that certain Construction Contract dated (the “Construction Contract”), by and between Contractor and a (the “Seller”), in connection with that certain real property commonly known as , County, (the “Property”). Seller has advised Contractor that Seller intends to sell the Property to , a (the “Purchaser”), on a closing date of (the “Closing Date”) and, in connection with such purchase by Purchaser of the Property, Seller intends to transfer and assign the Construction Contract to Purchaser and all of Seller’s rights and obligations thereunder. In connection with Seller’s transfer of the Property to Purchaser and Seller’s assignment of the Construction Contract to Purchaser, Contractor certifies and represents the following:Agreements
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Growth & Income REIT, Inc.)
Audit Documents. [SUBJECT TO THE REVIEW OF SELLER] DOCUMENTS REQUIRED FOR 3-14 AUDIT (Please provide highlighted items as soon as possible) General — • Property operating statements for the most recent full calendar year and for the current year to date with break out in quarterly intervals, eg.e.g.: For a property purchased on 4/15/124/15/14; we would need operating statements for the Quarters ended 3/31/113/31/13, 6/30/116/30/13, 9/30/119/30/13, 12/31/11, 3/31/12 12/31/13 and YTD 12/31/11 and YTD 12/31/1212/31/13. Post closing we will need Seller shall provide operating statements for the income statement from period 1/1/14 through Closing within ninety (90) days after the last full quarter provided to the closing dateClosing Date. Provided by Accounting — • Trial balances at the end of the most recent full calendar year and as of the current date. Provided by Accounting — • General ledger for the most recent full calendar year and for the current year to date (should include activity for entire year and all general ledger accountsyear). Provided by accounting — • Bank statements and Bank Reconciliations – need reconciliations as of prior year end month (eg 12/31/11 for 2012 acquisition); 2 months following prior year end month (eg 01/31/12 and 02/29/12); and most recent quarter end month. Provided by accounting 12/31/13 Revenues Access to the following for all revenues for the most recent full calendar year and for the current year to date: — • Lease agreements including any leases which have expired or were terminated in 2011 2013 (latest full calendar year) and 2012 2014 (current year). We may also request lease agreements going back for the last 5 years Xxxxx sent these to Xxxxxxx — • Rent rolls at year end for the last five years (2007, 2008, 2009, 2010, 2011, 2012, and 2013) Xxxxx sent to Kenned — • Detailed tenant ledger for the latest full calendar year and current year • Access to billing invoices and tenant cash receipts Will provide copies of December rent bills — Straight line rent support for the last full calendar year specific tenants (selections to be provided) Supporting documents and schedules for the current year to date other revenues (if applicable) Per Sanam – this is not applicable — Tenant ledger for the last full calendar year and for the current year to date This was provided by accounting Access to the following for certain revenuesi.e., parking income), if applicable, for the most recent full calendar year and for the current year to date: — Schedule of parking revenues and related support (agreements, copy of receipts, etc.). Xxxxx sent October parking report to Kenned Expenses Access to the following for all expenses for the most recent full calendar year and for the current year to date: — • Invoices — Check and check copies Due to automated accounts payable system, we don’t have copies of invoices Check register for current year to date. This has been sent by accounting Access to the following for all certain expenses, if applicable, for the most recent full calendar year and for the current year to date: — ¡ Property tax bills These should bills*** ¡ Insurance*** ¡ Utility Bills ¡ Other operating expense (selections to be on portal — Insurance statements I sent a current certificate of insurance to Kenned — provided) • Check registers • Management fee agreement will provide — Management fee agreement/calculation Sent by accounting — • Agreements with Contractors All service contracts have been sent (specific agreements to War Room — Utility Bills Will provide Note: be requested) *** Support should cover entire year and current year. Eg. If For example, if insurance policy is from July to June and we are in July 2012; June, then we would need July 2010 to June 2011; July 2011 to June 2012; and July 2012 to June 2013 (if available) and July 2013 to June 2014 so that we cover the entire 2013 year. Reimbursable Expenses Access to the following for the most recent full calendar year and for the current year to date: — • CAM calculation to support monthly xxxxxxxx. This was sent to Eastdil — • Year-end CAM reconciliation. 2011 should be in war room Post-closing — Final income statement for the current year from January 1operating statement, through the date of sale. — Final trial balance as of the date of sale. — Final and general ledger for the current year from January 1, 1 through the date of sale. Please note that additional documentation may be required based on the findings of the 3-14 audit. EXHIBIT N PRE-CLOSING LEASING COSTS Unfunded tenant improvements and leasing commissions as of November 21, 2012. * Remaining TI Allowance Applications Tenant Suite Square Footage Amount Remaining Usability Sciences 1600 19,295 $ 176,331.21 Xxxxxxxx Tri-Gas Expansion 1470 4,738 $ 45,478.98 Amtel 1400 4,561 $ 114,025.00 Standard Pacific 1700 12,034 $ 64,141.22 Realty Capital 150 4,262 $ 119,336.00 NFI Road Rail 950 5,943 $ 114,284.40 One Vision / Direct Packet 1800 12,478 $ 124,780.00 DW Energy Expansion 1915 1,531 Turnkey THEO Group Expansion 1910 1,611 $ 32,220.00 $ 790,596.81 LEASING COMMISSIONS Project Name Type of Project Estimated Completion Date Amount Currently Unfunded DW Energy Ste 1915 Leasing Commissions TBD $4,788.20 Direct Packet / One Vision Ste 1800 Leasing Commissions TBD $85,138.95 THEO Group Ste 1910 Leasing Commissions TBD $9,810.99 Xxxxxxxxx Semiconductor Leasing Commissions Done $23,801.58 Direct Energy Leasing Commissions Done $2,127.69 TOTAL $125,667.41 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT O PRE-CLOSING CAPITAL COSTS Unfunded capital costs as of November 30, 2012.* Project Name Type Of Project Estimated Completion Date Amount Currently Unfunded Corridor/RR Upgrades Floor 18 Building Improvements TBD $33,000.00 Corridor Upgrades Floor 9 Building Improvements TBD $33,000.00 Elevator Modernization Building Improvements 11/1/2013 $482,097.45 Parking Equipment Upgrade Building Improvements 11/7/2012 $60,000 *Amounts to be adjusted for any payments prior to the Closing Date. EXHIBIT P FORM OF CONTRACTOR’S CERTIFICATE CONTRACTOR’S CERTIFICATE The undersigned, (the “Contractor”), is a party to that certain Construction Contract dated (the “Construction Contract”), by and between Contractor and a (the “Seller”), in connection with that certain real property commonly known as , County, (the “Property”). Seller has advised Contractor that Seller intends to sell the Property to , a (the “Purchaser”), on a closing date of (the “Closing Date”) and, in connection with such purchase by Purchaser of the Property, Seller intends to transfer and assign the Construction Contract to Purchaser and all of Seller’s rights and obligations thereunder. In connection with Seller’s transfer of the Property to Purchaser and Seller’s assignment of the Construction Contract to Purchaser, Contractor certifies and represents the following:
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust III, Inc.)
