Re: Lease of Office Space dated February 6, 1989 between Brookfield DB Inc., as “Landlord,” and lnterra Financial Incorporated, as “Tenant,” and as amended thereafter (“Lease”).
Exhibit 10.86
December 27, 2001
lnterra Financial Incorporated
ATTN: Xx. Xxx Xxxxxxxxx
Xxxx Xxxxxxxx Plaza
00 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
| Re: | Lease of Office Space dated February 6, 1989 between Brookfield DB Inc., as “Landlord,” and lnterra Financial Incorporated, as “Tenant,” and as amended thereafter (“Lease”). |
Dear Xxx:
In this Letter Agreement, Landlord and Tenant hereby agree to allow Tenant to install a two (2) inch fiber cable conduit in the area and pathway (“Conduit Space”) described on attached “Schedule 1” and pursuant to the same terms and conditions of Section 6.0 and Exhibit D of the Seventh Amendment to Lease of Office Space dated August 22, 1997. Attached hereto are Schedule 1, Conduit Space; Schedule 2, Section 6.0 of the Seventh Amendment; and Schedule 3, Exhibit D of the Seventh Amendment which terms are incorporated herein; provided, however, Tenant shall have the right to install a two (2) inch conduit rather than a one (1) inch conduit pursuant to Schedules 2 and 3. In the event of any conflict between this Letter Agreement and the terms and conditions of the Seventh Amendment, including any Exhibits attached thereto, the terms and conditions of this Letter Agreement shall control. For all purposes herein this Letter Agreement shall be deemed an addition to the terms and conditions of the Lease with all provisions contained in the Lease. In the event that Tenant fails to observe and perform the terms and conditions of this Letter Agreement, Landlord shall have the rights and remedies provided in the Lease arising from such failure.
This Letter Agreement shall be effective on the date in which Tenant acknowledges and delivers its acceptance to Landlord.
Sincerely,
BROOKFIELD DB INC.
/s/ Xxxx Soullen
Xxxx Soullen
Property Manager
Attachments
| Acknowledged and agreed this 2nd day of JANUARY, 2002. | ||||||
| By: | /s/ Xxxxx Xxxxx | |||||||
| Name: | Xxxxx Xxxxx |
| Title: | VP – Real Estate |
Brookfield Properties (US) LLC
000 Xxxxxxxx Xxxx, Xxxxx, 00, Xxxxxxxxxxx, XX, 00000
Telephone (000) 000-0000 Facsimile (000) 000-0000
SCHEDULE 2
| 6.0 | Fiber Optic Conduit In addition to the Premises, and in accordance with the terms and conditions contained in that letter agreement between Tenant and Landlord dated March 25, 1997 attached hereto as Exhibit D, during the Term of this Lease and any extensions thereof, Tenant shall have access to space as described hereafter located in the Building for the sole purpose of installing 1” fiber cable conduits starting from the 16th floor of the Building to the building commonly referred to as the 510 Building. Installation of the conduit space shall be performed by Xxxx Electric and shall be installed in the area as is generally shown on Exhibit C attached hereto (“Conduit Space”). Prior to commencing work, Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the conduit through their delivery facility and into their building. Tenant shall install the conduit in a proper, lawful and workmanlike manner, without causing damage to the Premises and/or the Building. No such installation shall interfere with or damage the mechanical or electrical systems or the structure of the Building. The conduit shall be installed at Tenant’s sole cost and expense and shall be removed upon expiration of the Lease Term. Prior to the conduit installation, Tenant shall ensure that such installation complies with any requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers. Installation of the conduit shall also be subject to Landlord’s prior written consent. Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to review of any plans or specifications, the installation, maintenance or removal of the conduit. All maintenance, repair and replacement of the conduit shall be performed by Tenant at such times and in such manner as are reasonably acceptable to Landlord at Tenant’s expense. Landlord shall have no responsibility for the proper maintenance, repair and function of the conduit. Notwithstanding anything contained in the Lease, Tenant shall indemnify and hold Landlord harmless from all liability (including consequential damages) claims, damages (including court costs and reasonable attorney fees) actions or causes of actions arising from installation, maintenance and removal of the conduit which is not otherwise the result of Landlord’s, its employee’s agents, contractors, subcontractor’s negligence or willful misconduct including the failure of Tenant, its employees, agents, contractors or subcontractors to observe or enforce any installation and removal procedures described herein. Except as otherwise provided all other terms and conditions contained in the Lease shall apply to the “Conduit Space”. |
SCHEDULE 3
|
Exhibit D Page 1 of 3 | |
| Committed to Outstanding Service |
March 25, 1997
| Delivered by Messenger | ||
| Xx. Xxxxxxx Xxxxxx | ||
| Xxxx Xxxxxxxx Inc. | ||
| 00 Xxxxx Xxxxx Xxxxxx | ||
| Xxxxxxxxxxx, XX 00000 |
| RE: | Fiber Cable Conduit to 510 Building |
Dear Xxxxxxx,
We have reviewed your request for our approval to run a 1” fiber cable conduit from the 00xx xxxxx xx xxx Xxxx Xxxxxxxx Xxxxx to the 510 Building.
Due to the complexity of the conduit route and connection to another building, we will need an Amendment to your Lease. To avoid any delay however, this letter will serve as our approval subject to the execution of an Amendment which will include but not be limited to the following:
| 1. | The 510 Conduit route will be as outlined in the memo from Xxx Xxxxxxx of US Premise to Xxxx Xxxxxxx dated March 5, 1997. |
| 2. | All work for the installation of the 510 Conduit will be performed by Xxxx Electric at your cost. |
| 3. | Pursuant to Section 6.09, Landlord shall not be responsible for failure to meet the performance standards in the Premises resulting from the installation of the 510 Conduit. |
| 4. | Pursuant to Article 7. |
| (a) | Section.7.03 shall apply to the installation of the 510 Conduit. |
| (b) | Tenant shall ensure that it complies with Section 7.04, and installations of the 510 Conduit shall not materially interfere with or damage the mechanical, electrical systems or structure of the Building. |
| (c) | Pursuant to Section 7.05, Tenant shall indemnify and hold Landlord harmless against any claim, loss, cost, damage, and legal expense arising from the installation of the 510 Conduit. |
| Exhibit D Page 2 of 3 |
| Xx. Xxxxxxx Xxxxxx |
||
| March 25, 1997 |
||
| Page Two |
| (d) | Pursuant to Section 7.06, Tenant shall pay all utility bills relating to the 510 Conduit (if any). |
| 5. | Pursuant to Section 9.02, Tenant shall be responsible for the insurance of the 510 Conduit. |
| 6. | Pursuant to Section 10.01, Tenant shall be required to indemnify and hold Landlord harmless, for any action, cause of action, damage, loss, or expense incurred by Landlord which arises from the 510 Conduit. |
| 7. | Pursuant to Section 12.02, Tenant shall be responsible for removing the 510 Conduit at the end of the Term. |
| 8. | Landlord shall be held harmless and shall not be responsible for any damages, costs or expenses to the 510 Conduit and/or which arise from Landlord’s interruption of the service to the 510 Conduit. If Landlord has prior notice of any pending interruption of utilities serving the 510 Conduit, Landlord will provide notice to Tenant prior to discontinuance of the services. Landlord shall have access to the 510 Conduit where necessary to operate, maintain, repair and replace any systems, facilities and equipment necessary for the proper operation of the Building or to maintain and repair the foundations or structural, electrical and mechanical components of the Building or to repair damage to the Building pursuant to Section 6.04 of the Lease. |
| 9. | In the event of a taking of a portion of the Building or casualty to the Building, where such taking or casualty interferes with the use, operation or access to the 510 Conduit, Landlord shall have no obligation to repair or replace the 510 Conduit nor does Landlord guarantee Tenant the right to repair or install a replacement conduit. In such an event, Landlord reserves the right to terminate Tenant’s right to access, repair or replace the 510 Conduit and Tenant shall be responsible for removing the 510 Conduit as described in paragraph 7 above. |
| 10. | Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to the review of any plans or specifications, the installation, maintenance, or removal of the 510 Conduit. |
| Exhibit D Page 3 of 3 |
| Xx. Xxxxxxx Xxxxxx |
||
| March 25, 1997 |
||
| Page Three |
| 11. | Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the 510 Conduit through their delivery facility and into their building. |
Please have the appropriate officer acknowledge this letter and return it to me prior to when you would like the installation to start. We will then prepare the amendment to your Lease which will be forwarded to you upon its completion.
If any questions or comments arise, please feel free to contact me or our attorney Xxxxx Xxxx at 372-1604. In the interim, if you need any additional information or assistance, Xxxx and I are always available to you.
Sincerely,
/s/ Xxxx Xxxxxxx
Xxxx Xxxxxxx, CPM
General Manager
JB/pk
| Acknowledge by: | ||
| Name | /s/ Authorized Signatory | |
| Title | SR. Vice President |
| Date | 3/26/97 |
| cc: | Xxxx Xxxxxxx |
| Xxxxx Xxxx |
| Torn Xxxxxxxxx |
| Xxxx Essen |
| Xxxx Xxxx |
