SECOND AMENDMENT TO PURCHASE AND SALE CONTRACT
Exhibit 10.74
SECOND AMENDMENT TO PURCHASE AND SALE CONTRACT
This Second Amendment to Purchase and Sale Contract (this “ Amendment”) is made as of June 19, 2009, between FISHERMAN’S LANDING APARTMENTS LIMITED PARTNERSHIP, a Florida limited partnership and CCIP/3 SANDPIPER, LLC, a Delaware limited liability company, each with an address at 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 (“ Seller”) and DT GROUP DEVELOPMENT, INC., a California corporation, with an address at 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxx Xxxxxxxxx, Xxxxxxxxxx 00000 (“ Purchaser”).
W I T N E S S E T H:
WHEREAS, Seller and Purchaser entered into a Purchase and Sale Contract dated as of May 1, 2009, as amended by that certain First Amendment to Purchase and Sale Contract dated as of June 16, 2009 (as amended, the “ Agreement”) with respect to the sale of two certain properties known as Solana Vista and located in Manatee County, Florida and Sienna Bay located in Pinellas County, Florida, as described in the Agreement; and
WHEREAS, Seller and Purchaser desire to amend the Agreement on the terms set forth herein.
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:
Seller:
FISHERMAN'S LANDING APARTMENTS LIMITED PARTNERSHIP, a Florida limited partnership
By: AIMCO HOLDINGS, L.P., a Delaware limited partnership, its general partner
By: AIMCO HOLDINGS QRS, INC., a Delaware corporation, its general partner
By: /s/Xxxxx X. Xxxxxxxxx
Name: Xxxxx X. Xxxxxxxxx
Title: Vice President
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/Xxxxx X. Xxxxxxxxx
Name: Xxxxx X. Xxxxxxxxx
Title: Vice President
[Purchaser’s signature page follows]
Purchaser:
DT GROUP DEVELOPMENT, INC, a California corporation
By:
/s/Xxx Xxxxxx
Name: Xxx Xxxxxx
Title: General Partner