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FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT

Purchase and Sale Agreement

FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT | Document Parties: SHELTER PROPERTIES VII LTD PARTNERSHIP | AIMCO PROPERTIES, LP | JRK BIRCHMONT ADVISORS, LLC | JRK PROPERTY HOLDINGS, INC You are currently viewing:
This Purchase and Sale Agreement involves

SHELTER PROPERTIES VII LTD PARTNERSHIP | AIMCO PROPERTIES, LP | JRK BIRCHMONT ADVISORS, LLC | JRK PROPERTY HOLDINGS, INC

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Title: FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT
Governing Law: Colorado     Date: 10/6/2008

FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT, Parties: shelter properties vii ltd partnership , aimco properties  lp , jrk birchmont advisors  llc , jrk property holdings  inc
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                                                                                                                                                                                                  EXHIBIT 10(i)(h)

 

FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT

 

 

THIS FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “ First Amendment ”) is made and entered into as of the 30 th day of September, 2008, by and among by the selling parties identified on Seller Information Schedule attached as Schedule 1 to the Agreement (as that term is defined below) each having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “ Seller ” and collectively “ Sellers ”), and JRK BIRCHMONT ADVISORS, LLC, a Delaware limited liability company and JRK PROPERTY HOLDINGS, INC., a California corporation, each having a principal address at 11766 Wilshire Boulevard, Suite 1450, Los Angeles, California 90025 (collectively as “ Purchaser ”), or its permitted assignee or assignees as provided in Section 14.4 of the Agreement, and is joined by AIMCO PROPERTIES, L.P., a Delaware limited partnership (the “ Guarantor ”).

RECITALS

 

A.        Sellers and Purchaser are parties to that certain Agreement for Purchase and Sale and Joint Escrow Instructions, dated September 29, 2008 (the “ Agreement ”) pertaining to the purchase and sale of those certain real properties located in Colorado, Georgia, Ohio, South Carolina and Virginia, more particularly described on Exhibits A-1 through A-16 attached to the Agreement (the “ Properties ”).  In connection with the Agreement, Guarantor guaranteed certain payment obligations of the Sellers under the terms of the Agreement, as set forth therein.

B.         Sellers and Purchaser intend to modify the Agreement in certain respects, as more particularly set forth hereinafter.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sellers and Purchaser hereby agree as follows:

1.                   Capitalized Terms .  All capitalized terms and phrases used herein but not otherwise defined shall have the same meanings given to them in the Agreement. 

2.                   Amendment of Seller Information Schedule .  The Seller Information Schedule, attached as Schedule 1 to the Agreement, is hereby amended and superceded by the Revised Seller Information Schedule attached to this First Amendment as Schedule 1-A .  The Revised Seller Information Schedule reallocates the Base Purchase Prices for the Properties, at the Purchaser’s request, under the provisions of Section 2.2.5 of the Agreement.

3.                   Counterparts .  This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same Amendment.  It shall not be necessary that each party execute each counterpart, or that any one counterpart be executed by more than one party, so long as each party executes at least one counterpart.

4.                   Ratification .  Except as expressly set forth in this First Amendment, all other terms and conditions of the Agreement shall remain unmodified, the same being ratified, confirmed and republished hereby.

5.                   Governing Law .  This First Amendment shall be governed by and construed in accordance with the laws of the State of Colorado.

[ SIGNATURES BEGIN ON FOLLOWING PAGE ]


NOW, THEREFORE, the parties hereto have executed this First Amendment to Agreement for Purchase and Sale and Joint Escrow Instructions as of the date first set forth above.

Sellers:

 

GOVERNOR’S PARK APARTMENTS:

 

GOVERNORS PARK APARTMENTS VII LIMITED PARTNERSHIP, a South Carolina limited partnership

 

By:     SHELTER VII GP LIMITED PARTNERSHIP, a South Carolina limited partnership, its general partner

 

          By:     SHELTER REALTY VII           CORPORATION,a South Carolina corporation,

           its general partner

 

 

          By: /s/Brian J. Bornhorst

          Name: Brian J. Bornhorst

          Title:  Vice President

 

VILLAGE GARDENS APARTMENTS:

 

SHELTER PROPERTIES VI LIMITED PARTNERSHIP, a South Carolina limited partnership

 

By: &


 
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