Second Amendment to Contract of Sale between CT Operating Partnership, L.P. et al. and Kimco Realty Corporation

Summary

This amendment, dated August 25, 2000, is between CT Operating Partnership, L.P. and related entities (Sellers) and Kimco Realty Corporation (Buyer). It modifies their original contract for the sale of six shopping center properties by extending the due diligence period from August 25, 2000, to August 29, 2000. All other terms of the original contract remain unchanged and in effect. The amendment allows for execution and delivery by facsimile.

EX-2.3 4 0004.txt SECOND AMENDMENT TO CONTRACT OF SALE EXHIBIT 2.3 SECOND AMENDMENT TO CONTRACT OF SALE THIS AGREEMENT, made as of this 25th day of August, 2000, between CT OPERATING PARTNERSHIP, L.P., CT RETAIL PROPERTIES FINANCE IV, LLC, CT RETAIL PROPERTIES FINANCE I, LLC AND CENTER TRUST RETAIL PROPERTIES FINANCE III, LLC (collectively, "Sellers"), and KIMCO REALTY CORPORATION ("Purchaser"). W I T N E S S E T H: WHEREAS: A. Sellers and Buyer entered into an Agreement for Purchase and Sale as of July 12, 2000 as amended by Amendment to Contract of Sale dated August 10, 2000 covering a portfolio of six shopping center properties (collectively the "Contract of Sale"); and B. Sellers and Buyer wish to amend the Contract of Sale so as to extend the Due Diligence Period. NOW, THEREFORE, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed as follows: 1. The definition of "Due Diligence Completion Date" in Article I of the Contract of Sale is hereby amended from August 25, 2000 to August 29, 2000. 2. Except as expressly amended hereby, the parties acknowledge that the Contract of Sale is and remains in full force and effect and has not been heretofore modified or amended. 3. This instrument may be executed and delivered via facsimile transmission. IN WITNESS WHEREOF, the parties have executed this instrument as of the date above set forth. "SELLERS" CT OPERATING PARTNERSHIP, L.P., a California limited partnership By: CENTER TRUST, INC., a Maryland corporation, its general partner By: ------------------------------- Name: Title: CT RETAIL PROPERTIES FINANCE I, LLC, a Delaware limited liability company By: CT OPERATING PARTNERSHIP, L.P., a California limited partnership By: CENTER TRUST, INC., a Maryland corporation, its general partner By: ------------------------------- Name: Title: CENTER TRUST RETAIL PROPERTIES FINANCE III, LLC, a Delaware limited liability company By: CT OPERATING PARTNERSHIP, L.P., a California limited partnership By: CENTER TRUST, INC., a Maryland corporation, its general partner By: ------------------------------- Name: Title: CT RETAIL PROPERTIES FINANCE IV, LLC, a Delaware limited liability company By: CT OPERATING PARTNERSHIP, L.P., a California limited partnership By: CENTER TRUST, INC., a Maryland corporation, its general partner By: ------------------------------- Name: Title: "BUYER" KIMCO REALTY CORPORATION, a Maryland corporation By: ------------------------------------ Name: Title: