NINTH AMENDMENT TO PURCHASE AND SALE CONTRACT FOR SIENNA BAY
Exhibit 10.94
NINTH AMENDMENT TO PURCHASE AND SALE CONTRACT
FOR
SIENNA BAY
This Ninth Amendment to Purchase and Sale Contract (this “Amendment”) is made as of January 19, 2010 between CCIP/3 SANDPIPER, LLC, a Delaware limited liability company ("Seller") and DT GROUP DEVELOPMENT, INC., a California Corporation (“Purchaser”).
W I T N E S S E T H:
WHEREAS, Seller and Purchaser entered into that certain Purchase and Sale Contract, dated as of August 14, 2009, as amended by (i) First Amendment to Purchase and Sale Contract for Sienna Bay dated as of October 8, 2009, (ii) Second Amendment to Purchase and Sale Contract for Sienna Bay dated as of November 10, 2009, (iii) Third Amendment to Purchase and Sale Contract for Sienna Bay dated as of November 12, 2009, (iv) Fourth Amendment to Purchase and Sale Contract for Sienna Bay dated as of November 25, 2009, (v) Fifth Amendment to Purchase and Sale Contract for Sienna Bay dated as of December 11, 2009, (vi) Sixth Amendment to Purchase and Sale Contract for Sienna Bay dated as of December 28, 2009, (vii) Seventh Amendment to Purchase and Sale Contract for Sienna Bay dated as of January 8, 2010 and (viii) Eighth Amendment to Purchase and Sale Contract dated as of January 12, 2010 (collectively, the “Contract”), with respect to the sale of that certain property known as Sienna Bay, having an address at 00000 0xx Xxxxxx Xxxxx, Xx. Xxxxxxxxxx, XX 00000, and as more particularly described in the Contract; and
WHEREAS, Seller and Purchaser desire to amend certain provisions of the Contract as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sum of $10.00 and other good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(c) On or prior to January 19, 2010, Purchaser shall wire an additional deposit of $375,000 directly to Seller, pursuant to the wire instructions attached hereto as Exhibit A. Upon making such deposit, the total Deposit shall be $1,500,000, all of which is being held directly by Seller.
3. Miscellaneous. This Amendment (a) supersedes all prior oral or written communications and agreement between or among the parties with respect to the subject matter hereof, and (b) may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument and may be delivered by facsimile transmission, and any such facsimile transmitted Amendment shall have the same force and effect, and be as binding, as if original signatures had been delivered. As modified hereby, all the terms of the Contract are hereby ratified and confirmed and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year hereinabove written.
Seller:
CCIP/3 SANDPIPER, LLC, a Delaware limited liability company
By: CONSOLIDATED CAPITAL INSTITUTIONAL PROPERTIES/3, LP, a Delaware limited partnership, its member
By: CONCAP EQUITIES, INC., a Delaware corporation, its general partner
By: /s/Xxxx Xxxxxxxxxx
Name: Xxxx Xxxxxxxxxx
Title: Senior Vice President
Purchaser:
DT
GROUP DEVELOPMENT, INC, a California
corporation
By:
/s/Xxx Xxxxxx
Name: Xxx Xxxxxx
Title: General
Partner
Wire Instructions
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Bank: |
Wachovia (Charlotte, NC) |
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ABA #: |
000-000-000 |
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Account Number: |
2000010968907 |
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Account Name: |
AIMCO Properties Partnership Concentration Account |
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Reference: |
CCIP/3 Sandpiper, LLC - 005681 sale deposit |
