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EXHIBIT 2.3
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Manhattan Towers, Manhattan Beach, California
This Second Amendment to Purchase and Sale Agreement ("Amendment") is
entered into this 21st day of September, 2000, by and among AMERICAN INDUSTRIAL
PROPERTIES REIT, a Texas real estate investment trust ("Seller") and DIVCO WEST
PROPERTIES, LLC, a Delaware limited liability company ("Purchaser").
WITNESSETH:
WHEREAS, Seller and Purchaser have entered into that certain Agreement
of Purchase and Sale dated effective August 22, 2000 (as amended by that certain
Amendment to Purchase and Sale Agreement dated August 29, 2000, the
"Agreement"), pursuant to which Seller has agreed to sell and Purchaser has
agreed to purchase a certain tract of real property and related improvements
commonly known as the "Manhattan Towers" located in Manhattan Beach, California;
as more particularly described therein;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants agreements herein contained, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. The definition of the "Inspection Period" contained in Section 1.1.13 of
the Agreement is hereby amended to expire at 2:00 p.m., Dallas, Texas time,
on the September 25, 2000.
2. The definition of the "Closing Date" contained in Section 1.1.14 of the
Agreement is hereby amended to be October 9, 2000.
3. The Agreement as hereby amended, is hereby ratified and confirmed and
remains in full force and effect.
EXECUTED as of the day and year first above written.
"SELLER"
AMERICAN INDUSTRIAL PROPERTIES REIT,
a Texas real estate investment trust
By: /s/ XXX X. XXXXX
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Name: Xxx X. Xxxxx
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Title: VP Investments
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"PURCHASER"
DIVCO WEST PROPERTIES, LLC.,
a Delaware limited liability company,
By: /s/ XXXXXXX X. XXXXXX
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Name: Xxxxxxx X. Xxxxxx
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Title: Authorized Agent
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