-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, KJLSzolZdG3hOFR7bEwCL4lYNH8ic08yz+kUbvGK52MzHZzPdNkodf6eh1AcHmVi Z0KraObCNDO9SK4iLRAneA== 0000000000-05-054025.txt : 20060919 0000000000-05-054025.hdr.sgml : 20060919 20051024151601 ACCESSION NUMBER: 0000000000-05-054025 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20051024 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: KIMCO REALTY CORP CENTRAL INDEX KEY: 0000879101 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 132744380 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 3333 NEW HYDE PARK RD STREET 2: PO BOX 5020 CITY: NEW HYDE PARK STATE: NY ZIP: 11042 BUSINESS PHONE: 5168699000 MAIL ADDRESS: STREET 1: 3333 NEW HYDE PARK ROAD STREET 2: PO BOX 5020 CITY: NEW HYDE PARKQ STATE: NY ZIP: 11042 PUBLIC REFERENCE ACCESSION NUMBER: 0001125282-05-001161 LETTER 1 filename1.txt Mail Stop 4561 October 24, 2005 Mr. Milton Cooper Chief Executive Officer Kimco Realty Corporation 3333 New Hyde Park Road New Hyde Park, NY 11042-0020 Re: Kimco Realty Corporation Form 10-K for the fiscal year ended December 31, 2004 File No. 1-10899 Dear Mr. Cooper: We have reviewed your filing and have the following comments. We have limited our review to only the issues addressed below and do not intend to expand our review to other portions of your documents. Where indicated, we think you should revise your document in response to these comments in future filings. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing this information, we may raise additional comments. Please understand that the purpose of our review process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comments or any other aspect of our review. Feel free to call us at the telephone numbers listed at the end of this letter. Form 10-K for the fiscal year ended December 31, 2004 Financial Statements Consolidated Statements of Income, page 56 1. In future filings, please revise your statements of income for consistency with Rule 5-03 of Regulation S-X. Your revisions should include, but not be limited to, a change in the location of the captions "Adjustment of property carrying values" and "General and Administrative Expenses". These captions currently appear to be placed below non-operating income and should be moved above non- operating income in accordance with the rule. Summary of Significant Accounting Policies Revenue Recognition and Accounts Receivable, page 62 2. We note your policy on recognition of revenue from real estate rentals. In a separate policy note, distinct from Accounts Receivable, please describe in detail your revenue recognition policies for each of your material revenue streams including mortgage financing, other real estate investments, property management services, etc. Additionally, disclose your revenue recognition policies related to the sale of development and operating properties. As appropriate, please respond to these comments within 10 business days or tell us when you will provide us with a response. Please furnish a cover letter with your proposed revisions that keys your responses to our comments and provides any requested information. Detailed cover letters greatly facilitate our review. Please file your cover letter on EDGAR. Please understand that we may have additional comments after reviewing your responses to our comments. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes all information required under the Securities Exchange Act of 1934 and that they have provided all information investors require for an informed decision. Since the company and its management are in possession of all facts relating to a company`s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that: * the company is responsible for the adequacy and accuracy of the disclosure in the filing; * staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and * the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filing or in response to our comments on your filing. You may contact Howard Efron, Staff Accountant, at (202) 551- 3439 or me at (202) 551-3403 if you have questions regarding comments on the financial statements and related matters. Sincerely, Steven Jacobs Branch Chief ?? ?? ?? ?? Mr. Milton Cooper Kimco Realty Corporation October 24, 2005 Page 3 -----END PRIVACY-ENHANCED MESSAGE-----