TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. By:______________________________________ Its Authorized Agent Date: ______________________________, 1998 "ESCROW AGENT" EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive Jacksonville, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit: 1. We have made available to you all financial records and related data for the period under audit. 2. There have been no undisclosed: a. Irregularities involving any member of management or employees who have significant roles in the internal control structure. b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses. c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses. 3. There are no undisclosed: a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5). b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5. c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses. d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees. e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses. 4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping Center, and we hereby confirm to you that: 1. The undersigned is the Tenant of ___________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant. 2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each. 3. As of ____________________, monthly minimum rental is $_______________ a month. 4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes. 5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate appro- priate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. FIRST AMERICAN TITLE INSURANCE COMPANY By:______________________________________ Its Authorized Agent Date: _________________________April _____, 1998 1997 "ESCROW AGENT" EXHIBIT 1.3 Audit Representation Letter -------------------------- --------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleXxxxx 0000 Xxx Xxxxxxxxxxx Xxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Xxxx XxxxDear Sirs: Xx xxx xxxxxxx xx xxxx We are writing at your request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT 1.25 Legal Description of Real Property Property
(a) Site Plan - Rivermont (To be attached)
(b) Site Plan - Xxxxxxx Station (To be attached) EXHIBIT 1.27 Rent Roll EXHIBIT 1.32 Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St.Attention: Xxxxxx X. Xxxxxx Xxxxx 000, 000 X. Xxxxxxx St. Jacksonville, Florida 32202 Cousins Real Estate Corporation Attention: Xxxxxx X. Xxxxxx 0000 Xxxxx Xxxxx Parkway, Suite 200 Jacksonville1600 Atlanta, Fxxxxxx 00000 Georgia 30339 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you that Regency Centers, Inc., or its affiliate, may purchase the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the Tenant of ____________________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _____ [or Address: ___________ [or Address ----------------------------------------------------------------], and containing approximately ____________], and containing approximately ______ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEYXXXXXX, JONES XXXXX & GAY, P.A. GAY By:______________________________________ : Its Authorized Agent Date: ______________________________September , 1998 1997 "ESCROW AGENT" - 27 - EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleXxxxx 0000 Xxx Xxxxxxxxxxx Xxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Xxxx XxxxDear Sirs: Xx xxx xxxxxxx xx xxxx We are writing at your request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions TwoAcquisitions, Inc. Regency Centers, Inc. 121 W. Forsyth 000 X. Xxxxxxx St., Suite 200 Jacksonville, Fxxxxxx 00000 Florida 32202 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the Tenant of ___________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------Address: ------------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERSOHIO TITLE CORPORATION, TOWERS, BAILEY, JONES & GAY, P.A. AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY By:______________________________________ : Its Authorized Agent Date: ______________________________, 1998 "ESCROW AGENT" - 28 - EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleDxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx request to confirm our understanding that xxe providing this letter in connection with your audit of the Statement of Revenue Revenues and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the financial statement presents fairly, in all material respects, the results of its operations of Park Place Shopping Center. Certain representations in conformity with generally accepted this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting principlesinformation that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. In connection with your audit we We confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. The financial statement referred to above is fairly presented in conformity with Seller's customary accounting standards, consistently applied.
2. We have made available to you all you:
a. All financial records and related data for the period under auditdata.
2b. All agreements or amendments to agreements which would have a material impact on the Statement of Revenues and Certain Expenses.
3. There have been no undisclosedno:
a. Irregularities Instances of fraud involving any member of management or employees who have significant roles in the internal control structurecontrol.
b. Irregularities Instances of fraud involving other persons others that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain ExpensesExpenses or as a basis for recording a loss contingency.
34. There are no undisclosedno:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 Accounting for Contingencies (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue Revenues and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name and through the date of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping Center, and we hereby confirm this letter that would require adjustment to you that:
1. The undersigned is the Tenant of ___________________________, Landlord, or disclosure in the above Shopping Center, Statement of Revenues and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and TenantCertain Expenses.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. CHICAGO TITLE INSURANCE COMPANY By:______________________________________ : Its Authorized Agent Date: ______________________________, 1998 1997 "ESCROW AGENT" EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive Jacksonville, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx request xequest to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principlesthe ordinary course of our business. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been are no known undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no known undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Service Contracts and Agreements (To be furnished during Inspection Period) EXHIBIT Form of Agreement of Limited Partnership EXHIBIT Legal Description of Real Property EXHIBIT Form of Redemption Agreement for Partnership Units EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you that Regency Centers, Inc., or an affiliate, may purchase acquire the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the a Tenant of ___________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------Address: ________________________________________], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------_________].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. GAY By:______________________________________ : Its Authorized Agent Date: ______________________________, 1998 199_ "ESCROW AGENT" - 27 - EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleJxxxxxxxxxxx, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx xxxxing at your request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property A parcel of land lying in the East 1/2 of Section 11, Township 30 South, Range 20 East, Hillsborough County, Florida, said parcel being more particularly described as follows: From the Northeast corner of said Section 11, run thence S.89o 51'40"W., 30.00 feet along the North boundary of said Section 11; thence S.00o 00'04"E., 35.00 feet to the point of intersection of the South right-of-way of Bloomingdale Road and the West right-of-way of Bell Shoals Road to Point of Beginxxxx "A"; thence along the aforesaid West right-of-way line of Bell Shoals Road, S.00o 00'04"E., 000.71 feet to Point of Beginning "B"; thence continue along said West right-of-way line, S.00o 00'04"E., 731.29 feet; thence leaving said West right-of-way line, S.89o 59'56"W., 1285.52 feet; thence N.00o 11'06"W., 1151.90 feet to the aforesaid South right-of-way line of Bloomingdale Road; thence along said South right-of-way line, N.89o 51'40"E., 830.51 feet; leaving said South right-of-way line, S.00o 00'04"E., 205.00 feet; thence N.89o 51'40"E., 250.00 feet; thence S.00o 00'04"E., 18.71 feet; thence N.89o 51'40"E., 11.29 feet; thence S.00o 00'04"E., 200 feet; thence N.89o 51'40"E., 220.00 feet to Point of Beginning "B". Containing 30.831 acres, more or less. ALSO from Point of Beginning "A", along the aforesaid South right-of-way line of Bell Shoals Road S.00o 00'04"E., 15.00 feet; thence leaving said South right-of-way line, S.89o 51'40"W., 208.71 feet; thence N.00o 00'04"W., 15.00 feet to the South right-of-way line of Bloomingdale Road; thence along said South right-of-way line, N.89o 51'40"E., 208.71 feet to Point of Beginning "A". Containing 0.072 acres, more or less. Having a combined acreage of 30.903 acres, more or less. EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions TwoAcquisitions, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 JacksonvilleJackxxxxxxxx, Fxxxxxx 00000 Xxxxida 32202 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the Tenant of ___________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------Address: -----------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. CHICAGO TITLE INSURANCE COMPANY By:______________________________________ Its Authorized Agent Date: ___________:___________________, 1998 1997 "ESCROW AGENT" EXHIBIT Audit Representation Letter -------------------------- ----------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive Jacksonville, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form All that tract or parcel of Estoppel Letter _____________________land lying and being in Charlotte, 199_ RRC Acquisitions TwoMeckenburg County, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping CenterNorth Carolina, and we hereby confirm being more particularly described as follows: BEGINNING at the point formed by the intersection of the centerline of North Carolina Highway 151 (Matthews-Pineville Rd.) (100 fxxx xxxxx-xx-xxx) xxx xxx centerline of Carmel Road (100 foot right-of-way), run thence North 89 degrees 50 minutes 43 seconds West a distance of 1529.55 feet, as measured along said centerline of North Carolina Highway 151, to you that:
1a point; run thence North 89 degrees 48 minutes 38 seconds West, and continuing along said centerline of North Carolina Highway 151, a distance of 71.98 feet to the point formed by the intersection of said centerline of North Carolina Highway 151 and the centerline of Carmel Commons Boulevard (size of right-of-way varies); thence South 00 degrees 11 minutes 22 seconds West along said centerline of Carmel Commons Boulevard a distance of 312.72 feet to a nail; thence in a Southwesterly direction, and continuing along said centerline of Carmel Commons Boulevard, along the arc of a curve to the right (said curve having a chord bearing South 10 degrees 53 minutes 55 seconds West, a chord distance of 92.90 feet, and a radius of 250.00 feet) an arc distance of 93.44 feet to a nail; thence South 21 degrees 36 minutes 22 seconds West, and continuing along said centerline of Carmel Commons Boulevard, a distance of 147.09 feet to a nail; thence in a Southwesterly, Southerly and Southeasterly direction, and continuing along said centerline of Carmel Commons Boulevard, along the arc of a curve to the left (said curve having a chord bearing South 30 degrees 00 minutes 45 seconds East, a chord distance of 391.95 feet, and a radius of 250.00 feet) an arc distance of 450.46 feet to a nail; thence South 81 degrees 37 minutes 53 seconds East, and continuing along said centerline of Carmel Commons Boulevard, a distance of 186.00 feet to a nail; thence in a Southeasterly direction, and continuing along said centerline of Carmel Commons Boulevard, along the arc of a curve to the right (said curve having a chord bearing South 68 degrees 44 minutes 43 seconds East, a chord distance of 133.81 feet, and a radius of 300.00 feet) an arc distance of 134.94 feet to a nail; thence North 25 degrees 31 minutes 16 seconds East a distance of 259.48 feet to an iron; thence North 00 degrees 09 minutes 17 seconds East a distance of 120.00 feet to a nail; thence South 89 degrees 50 minutes 43 seconds East a distance of 332.04 feet to an iron; thence South 00 degrees 04 minutes 30 seconds West a distance of 245.56 feet to an iron; thence South 89 degrees 50 minutes 43 seconds East a distance of 491.07 feet to a point in said centerline of Carmel Road; thence Northeasterly along said centerline of Carmel Road and along the arc of a curve to thrd bearing North 10 degrees 13 minutes 09 seconds East, a chord distance of 249.41 feet, and a radius of 1055.02 feet) an arc distance of 249.99 feet; thence Northeasterly along said centerline of Carmel Road and along the arc of a curve to the right (said curve having a chord bearing North 22 degrees 09 minutes 47 seconds East, a chord distance of 189.63 feet, and a radius of 1055.02 feet) an arc distance of 189.89 feet to a point; thence North 27 degrees 19 minutes 10 seconds East, and continuing along said centerline of Carmel Road, a distance of 476.78 feet to the TRUE POINT OF BEGINNING; being improved property containing 28.325 acres as more particularly shown on that certain survey entitled "A Boundary Survey for First Capital Institutional Real Estate, Ltd., and Carmel Park, Ltd.," dated May 19, 1980, last revised May 24, 1983, prepared by Carolina Surveyors, Inc., P.A., Brotherton, North Carolina Registered Land Suxxxxxx Xx. The undersigned is the Tenant L643. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEING all of ___________________________, Landlord, that certain tract or parcel of land located in the above Shopping CenterCity of Charlotte, County of Mecklenburg and is currently in possession and paying rent on premises known State of North Carolina, more particularly described as Store No. _______________ [or Address ----------------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].follows:
Appears in 1 contract
TAX IDENTIFICATION. Seller Hyde Park and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEY, JONES & GAY, P.A. FIRST AMERICAN TITLE INSURANCE COMPANY By:______________________________________ : Its Authorized Agent Date: ________________________May ______, 1998 1997 "ESCROW AGENT" EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleXxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Xxxx Xxxx: Xx xxx xxxxxxx xx xxxx writing at your request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. This letter relates only to the Statement of Revenue and Certain Expenses described above. Very truly yours, "Seller/Manager" MIDLAND HYDE PARK PARTNERS, L.P., a Missouri limited partnership By Its General Partner: ____________________________ Hyde Park Equities, Inc. [ - - - - - - - - - - - - - - - ] Name Title (Please Print) By:__________________________ ____________________________ Its:___________________ [ - - - - - - - - - - - - - - - ] Name (Please Print) EXHIBIT Buy-Sell Agreement EXHIBIT 1.8 Service Contracts and Agreements EXHIBIT Amended and Restated Agreement of Limited Partnership of Hyde Park Partners, L.P., an Ohio limited partnership, formerly Hyde Park Partners, an Ohio general partnership EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you that Regency Centers, Inc., or an affiliate, may purchase acquire an interest in Hyde Park Partners, the owner of the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the Tenant of ___________________________Hyde Park Partners, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------Address: _____________________ _____________________________________________], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].
Appears in 1 contract
TAX IDENTIFICATION. Seller and Buyer shall provide to Escrow Agent appropriate Federal tax identification numbers. ROGERS, TOWERS, BAILEYXXXXXX, JONES XXXXX & GAY, P.A. GAY By:______________________________________ : Its Authorized Agent Date: ______________________________, 1998 1997 "ESCROW AGENT" - 29 - EXHIBIT Audit Representation Letter -------------------------- (Acquisition Completion Date) KPMG Peat Marwick LLP Suite 2700 One Independent Drive JacksonvilleXxxxx 0000 Xxx Xxxxxxxxxxx Xxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Xxxx XxxxDear Sirs: Xx xxx xxxxxxx xx xxxx We are writing at your request to confirm our understanding that your audit of the Statement of Revenue and Certain Expenses for the twelve months ended ________________, was made for the purpose of expressing an opinion as to whether the statement presents fairly, in all material respects, the results of its operations in conformity with generally accepted accounting principles. In connection with your audit we confirm, to the best of our knowledge and belief, the following representations made to you during your audit:
1. We have made available to you all financial records and related data for the period under audit.
2. There have been no undisclosed:
a. Irregularities involving any member of management or employees who have significant roles in the internal control structure.
b. Irregularities involving other persons that could have a material effect on the Statement of Revenue and Certain Expenses.
c. Violations or possible violations of laws or regulations, the effects of which should be considered for disclosure in the Statement of Revenue and Certain Expenses.
3. There are no undisclosed:
a. Unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 (SFAS No. 5).
b. Material gain or loss contingencies (including oral and written guarantees) that are required to be accrued or disclosed by SFAS No. 5.
c. Material transactions that have not been properly recorded in the accounting records underlying the Statement of Revenue and Certain Expenses.
d. Material undisclosed related party transactions and related amounts receivable or payable, including sales, purchases, loans, transfers, leasing arrangements, and guarantees.
e. Events that have occurred subsequent to the balance sheet date that would require adjustment to or disclosure in the Statement of Revenue and Certain Expenses.
4. All aspects of contractual agreements that would have a material effect on the Statement of Revenue and Certain Expenses have been complied with. Further, we acknowledge that we are responsible for the fair presentation of the Statements of Revenue and Certain Expenses prepared in conformity with generally accepted accounting principles. Very truly yours, "Seller/Manager" Name Title EXHIBIT Legal Description of Real Property EXHIBIT Rent Roll EXHIBIT Form of Estoppel Letter _____________________, 199_ RRC Acquisitions Two, Inc. Regency Centers, Inc. 121 W. Forsyth St., Suite 200 Jacksonville, Fxxxxxx 00000 RE: ___________________________ (Name of Shopping Center) Ladies and Gentlemen: The undersigned (Tenant) has been advised you may purchase the above Shopping Center, and we hereby confirm to you that:
1. The undersigned is the Tenant of ___________________________, Landlord, in the above Shopping Center, and is currently in possession and paying rent on premises known as Store No. _______________ [or Address ----------------------------------------------------------------], and containing approximately _____________ square feet, under the terms of the lease dated ______________________, which has (not) been amended by amendment dated ________________________ (the "Lease"). There are no other written or oral agreements between Tenant and Landlord. Tenant neither expects nor has been promised any inducement, concession or consideration for entering into the Lease, except as stated therein, and there are no side agreements or understandings between Landlord and Tenant.
2. The term of the Lease commenced on ____________________, expiring on ___________________, with options to extend of ________________ (____) years each.
3. As of ____________________, monthly minimum rental is $_______________ a month.
4. Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost. Current additional monthly payments for expense reimbursement total $____________ per month for common area maintenance, property insurance and real estate taxes.
5. Tenant has given [no security deposit] [a security deposit of $--------------].Property
Appears in 1 contract
