SECOND AMENDMENT
TO
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
(the "Second Amendment") is entered into this 17th day of December, 1996
between NORTHGLENN PARTNERS, L.P., a California limited partnership ("Seller")
and EAGLE HARDWARE & GARDEN, INC., a Washington corporation ("Buyer").
RECITALS:
A. On September 6, 1996, Seller and Buyer entered into that certain
Agreement for Purchase and Sale of Real Property (the "Agreement"), with respect
to certain real property located in the City of Northglenn, County of Xxxxx,
Colorado, consisting of approximately 9.2 acres (the "Property").
B. On November 13, 1996, the parties executed that certain First
Amendment to Agreement for Purchase and Sale of Real Property (the "First
Amendment") pursuant to which the parties extended certain timeframes in the
Agreement, on the terms and conditions set forth therein.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to amend the
Agreement as follows:
1. DELIVERY OF SURVEY. Paragraph 3(b) of the Agreement is hereby further
amended to provide that Seller shall deliver the Survey to Buyer on or before
December 15, 1996.
2. EXTENSION OF OTHER DATES FOR PERFORMANCE. Because of the delay in
the delivery of the Survey, the parties desire to extend certain other dates
for performance in the Agreements. The amended timeframes are as follows:
(a) The Contingency Period, as defined in Paragraph 4(a), shall now
expire on March 3, 1997;
(b) The Approval Period, as defined in Paragraph 4(b), shall now
expire on June 2, 1997;
(c) The date for Seller's waiver or approval of the conditions set
forth in Paragraph 5(a) shall now expire on April 1, 1997;
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(d) The date for Seller's delivery of the grading and drainage
plan, as set forth in Paragraph 6, shall be extended to January 15, 1997;
(e) The Closing Date, as set forth in Paragraph 7, shall occur no
later than June 30, 1997; and
(f) The date for Buyer to deliver objections to the REA as set forth
in Paragraph 15, shall be extended until January 22, 1997.
3. MISCELLANEOUS.
(a) The Agreement, as modified herein, shall remain in full force and
effect and is hereby ratified by the parties hereto.
(b) Capitalized terms not defined herein shall have the same meaning
as set forth in the Agreement.
(c) This Second Amendment shall be binding upon and inure to the
benefit of the parties hereto and their permitted successor and assigns.
(d) This Second Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
In Witness Whereof, the parties have executed this Second Amendment to be
effective as of the date first set forth above.
EAGLE HARDWARE & GARDEN, INC.
a Washington corporation
By: /s/ XXXX X. XXXXXX
-----------------------------
Title: Vice President
--------------------------
(signatures continued on next page)
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NORTHGLENN PARTNERS, L.P.
By: HRBF NORTHGLENN NO. 3, L.P.
a California limited partnership,
General Partner
By: Northglenn - LRP, Inc.,
a California corporation
General Partner
By: /s/ Xxxx X. Xxxxx
--------------------------------
Xxxx X. Xxxxx
Its: Vice-President
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