TYSONS CORNER LIMITED PARTNERSHIP
Bannockburn Lake Office Plaza
0000 Xxxxxxxx Xxxx
Xxxxx X000
Xxxxxxxxxxx, Xxxxxxxx 00000
March 12, 1997
RREEF Funds
000 Xxxxx Xxxxxxxx Xxx.
Suite 4114
Chicago, Illinois 60611
Attention: Xx. Xxxxx X. Xxxxxx, Xx.
(FAX) 000-000-0000
Xxxxx, Day, Xxxxxx & Xxxxx
000 X. Xxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxx, Xxxxxxxxxx 00000
Attention: Xxxx X. Xxxxxxx, Esq.
(FAX) 000-000-0000
Re: 0000 Xxxxxxxxxx Xxxxx, XxXxxx, Xxxxxxxx
Gentlemen:
Reference is made to that certain Agreement of Sale (the "Agreement") by
and between TYSONS CORNER LIMITED PARTNERSHIP, an Illinois limited partnership
("Seller") and RREEF AMERICA L.L.C., a Delaware limited liability company,
("Purchaser"), dated as of March 11, 1997. All capitalized terms which are
used but not defined herein shall have the meanings ascribed to such terms in
the Agreement.
This letter is for the purpose of amending the Agreement of Sale as set
forth herein. Purchaser's acknowledgment of this letter shall constitute
Purchaser's agreement to the amendments contained herein.
Seller and Purchaser hereby agree to amend the Agreement as follows:
a. Section 1: Delete in subparagraph (f) the phrase ", which Purchaser prior
to the Closing expressly agrees to assume at Closing." Also, delete the
reference in subparagraph (f) to "Section 9.2.3" and substitute therefor
"Section 16.6".
b. Section 7.4: Add to the definition of "Existing Report" the following:
"Report on underground storage tank prepared for Xxxxxx Xxxxxxx and Xxxx
Xxxxxxx, prepared by AEG, Inc. together with a memorandum from X. Xxxxxxx to
X. Xxxx, X. X'Xxxx and X. Xxxxx dated August 8, 1994 and with exhibits and
materials supplied in connection with such report and memorandum by Seller to
Purchaser."
c. Section 9.1: Add in the third line after "Purchaser" and before "and" the
following: "setting forth the Closing Date (agreed upon pursuant to
Section 8)".
d. Section 9.2.9: Delete the phrase "and leasing of the management
agreement" and substitute therefor the phrase "of the management and leasing
agreement".
e. Section 16.1: Delete in line 14 the reference to "March 10, 1997" and
substitute therefor "March 14, 1997".
f. Section 16.4: Delete in line 17 the phrase "actions or Purchaser" and
substitute therefor "actions of Purchaser".
g. Exhibit M: The Exhibit M (rent roll) attached hereto shall be substituted
in place of the Exhibit M previously attached to the Agreement.
h. Exhibit N: The Exhibit N (outstanding brokerage commissions and tenant
improvement work) attached hereto shall be substituted in place of the
Exhibit N previously attached to the Agreement.
Please execute the acknowledgment below, and return this letter agreement
to Xxxxx Xxxxxxxx by fax (000-000-0000) and by mail c/o Xxxxxx Xxxxxx & Xxxxx,
000 X. Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, XX 00000.
Very truly yours,
TYSONS CORNER LIMITED PARTNERSHIP, an Illinois
limited partnership
By: Tysons Corner Partners, Inc., an Illinois
general partnership, its general partner
By: /s/ Xxxxx X. Xxxxxxxxx
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Name: Xxxxx X. Xxxxxxxxx
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Its: Authorized Representative
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ACCEPTED AND AGREED TO THIS
12th DAY OF MARCH, 1997
RREEF AMERICA L.L.C., a Delaware limited liability company
By: /s/ Xxxxx X. Xxxxxx, Xx.
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Name: Xxxxx X. Xxxxxx, Xx.
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Its: Authorized Representative
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