Legal Due Diligence Report - BFRE - Brazilian Finance e Real Estate
Legal Due Diligence Report - BFRE - Brazilian Finance e Real Estate
Legal Due Diligence Report - BFRE - Brazilian Finance e Real Estate
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It is expressly excluded from the purpose of the agreement services related to the<br />
operation of the parking lot, the commercialization of stores and spaces of the common areas,<br />
merchandising actions, overseeing of construction works, consulting in structured operations<br />
and energy generation.<br />
In consideration for the provision of such services, BPS shall pay monthly to Ancar IC<br />
Administradora, until the 10 th day of the subsequent month, the amount of R$1,000.00<br />
adjusted by the variation of the IGP-DI (Índice Geral de Preços – Disponibilidade Interna),<br />
published by the Fundação Getúlio Vargas. 1<br />
The original term of validity of this agreement expired on May 1, 2010. However,<br />
although no amendment has been executed, since no new agreement has been entered into<br />
and the services continue to be rendered, it is the understanding of the parties that it is still in<br />
force for an undetermined period of time.<br />
Under the Revenue Management Agreement, it is incumbent upon Ancar IC<br />
Administradora, among other duties:<br />
DOCS - 351174v1<br />
(a) control and record keeping of revenues and expenses;<br />
(b) hiring efficient software for the management of the Shopping;<br />
(c) issuance of invoices and collection of the condominium expenses from the<br />
tenants;<br />
(d) implementation of the safety and cleaning programs;<br />
(e) control the payment of taxes levied on the property; and<br />
(f) conduct the judicial and extrajudicial litigation involving the Shopping, at BPS’<br />
costs.<br />
In consideration for the provision of such services, BPS shall pay monthly to Ancar IC<br />
Administradora, until the 10 th day of the subsequent month, the amount of R$40,000, adjusted<br />
by the variation of the IGP-DI. Additionally, BPS has to reimburse several costs of Ancar IC<br />
Administradora related to the provision of the services. 2<br />
The original term of validity of this agreement expired on May 1, 2010. However,<br />
although no amendment has been executed, since no new agreement has been entered into<br />
1 As Brookfield has informed us that BPS’s expenses derive only from the payment of its employees and tax<br />
levied on its income, we have asked them if BPS effectively pays this fee, but we have not been provided<br />
with an answer yet.<br />
2 As Brookfield has informed us that BPS’s expenses derive only from the payment of its employees and tax<br />
levied on its income, we have asked them if BPS effectively pays this fee, but we have not been provided<br />
with an answer yet.<br />
22