RECITALSPurchase and Sale Agreement • November 14th, 2003 • Berkshire Income Realty Inc • Real estate
FORM OF AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BERKSHIRE INCOME REALTY-OP, L.P. (a Delaware limited partnership) Dated as of _______, 2003 TABLE OF CONTENTSLimited Partnership Agreement • December 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments • Delaware
EXHIBIT 10.12 VOTING AGREEMENT VOTING AGREEMENT, dated as of November 1, 2002, by and among Krupp Government Income Trust, a Massachusetts business trust ("GIT"), Krupp Government Income Trust II, a Massachusetts business trust ("GIT II" and,...Voting Agreement • November 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments • Massachusetts
EXHIBIT 10.1 AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • August 22nd, 2002 • Berkshire Income Realty Inc • Delaware
FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE (The St. Marin Apartments, Coppell, Texas)Agreement of Purchase and Sale • November 14th, 2003 • Berkshire Income Realty Inc • Real estate
Exhibit 10.5 Walden PondProperty Management Agreement • November 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments
EXHIBIT 10.3 AMENDED AND RESTATED VOTING AGREEMENT AMENDED AND RESTATED VOTING AGREEMENT, dated as of December 5, 2002, by and among Krupp Government Income Trust, a Massachusetts business trust ("GIT"), Krupp Government Income Trust II, a...Voting Agreement • May 15th, 2003 • Berkshire Income Realty Inc • Real estate • Massachusetts
Exhibit 10.9 Berkshire Income Realty, Inc. August 13, 2002 Page 1 [Georgeson Shareholder Letterhead] Berkshire Income Realty, Inc. One Beacon Street, Suite 1500 Boston, MA 02108 Re: LETTER OF AGREEMENT Gentlemen: This Letter of Agreement, including...Letter of Agreement • November 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments • New York
November 1, 2002 APTCO GEN-PAR, L.L.C. One Beacon Street, Suite 1500 Boston, Massachusetts 02108 BERKSHIRE REALTY HOLDINGS, L.P. Ladies and Gentlemen: Reference is made to that certain Amended and Restated Agreement of Limited Partnership of Berkshire...Amended and Restated Agreement of Limited Partnership • November 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments • Delaware
EXHIBIT 10.2 ADVISORY SERVICES AGREEMENT ADVISORY SERVICES AGREEMENT, dated as of January 9, 2003, by and between BERKSHIRE INCOME REALTY INC., a Maryland corporation (the "Company"), and BERKSHIRE PROPERTY ADVISORS, L.L.C., a Delaware limited...Advisory Services Agreement • May 15th, 2003 • Berkshire Income Realty Inc • Real estate • Massachusetts
ARTICLE IContribution and Sale Agreement • June 16th, 2003 • Berkshire Income Realty Inc • Real estate • New York
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 9th, 2004 • Berkshire Income Realty Inc • Real estate • Virginia
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made between F.C. Arboretum Land Associates, L.P., a Virginia limited partnership (“Seller”) and BIR Arboretum Development, L.L.C., a Delaware limited liability company (“Purchaser”) effective as of the 2nd day of September, 2004 (“Effective Date”).
PURCHASE AND SALE AGREEMENT (COUNTRY PLACE I)Purchase and Sale Agreement • September 21st, 2004 • Berkshire Income Realty Inc • Real estate • Massachusetts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of September 15, 2004, by and among Capital Realty Investors-II Limited Partnership, a Maryland limited partnership (“CRI-II”), CRICO Limited Partnership of Burtonsville, a Maryland limited partnership (the “General Partner”) (CRI-II and the General Partner are sometimes hereinafter collectively referred to as “Seller”), with an address of c/o C.R.I., Inc., 11200 Rockville Pike, 15th Floor, Rockville, Maryland 20852, Attention: Office of General Counsel, Facsimile No. 301-468-3150, and BIR/ERI LP Country Place I, L.L.C., a Delaware limited liability company (the “LP Buyer”), and BIR/ERI GP Country Place I, L.L.C., a Delaware limited liability company (the “GP Buyer”) (the LP Buyer and the GP Buyer are sometimes hereinafter collectively referred to as “Buyer”), with an address of c/o Beacon Property Advisors, LLC, One Beacon Street, Suite 1500, Boston, Massachusetts 02108, Attention: Stephen J. Zaleski, Facsimile No. 617-55
RECITALS:Assignment of Management Agreement • August 22nd, 2002 • Berkshire Income Realty Inc
RESIDENTIAL PROPERTY PROPERTY MANAGEMENT AGREEMENT This Agreement is made as of the 27th day of April, 2000 between the undersigned DOH, INC., a Maryland Corporation, (the "Owner") and the undersigned BRI OP LIMITED PARTNERSHIP, (the "Agent"). 1....Property Management Agreement • August 22nd, 2002 • Berkshire Income Realty Inc
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF PURCHASE AND SALE Reference is made to that certain Agreement of Purchase and Sale by and between WHCO Real Estate Limited Partnership, a Delaware limited partnership ("Seller"), and Berkshire Income Realty -...Assignment and Assumption of Agreement of Purchase and Sale • November 14th, 2003 • Berkshire Income Realty Inc • Real estate
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 9th, 2004 • Berkshire Income Realty Inc • Real estate • Virginia
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made between F.C. Silver Hill Associates, L.P., a Virginia limited partnership (“Seller”) and BIR Silver Hill, L.L.C., a Delaware limited liability company (“Purchaser”) effective as of the 2nd day of September, 2004 (“Effective Date”).
AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 8th, 2011 • Berkshire Income Realty Inc • Real estate
This AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENT (this “Amendment”) is made as of February 17, 2011, by and among BERKSHIRE INCOME REALTY OP, L.P., a Delaware limited partnership (the “Borrower”), BERKSHIRE INCOME REALTY, INC., a Maryland corporation (the “Guarantor”), KRUPP CAPITAL ASSOCIATES, a Massachusetts general partnership, in its capacity as administrative agent (the “Agent”) for itself and the Lenders (as defined in the Credit Agreement, as defined below), and each of the Lenders party hereto.
REVOLVING CREDIT AGREEMENTdated as ofJune 30, 2005amongBERKSHIRE INCOME REALTY- OP, L.P., as the BorrowerKRUPP CAPITAL ASSOCIATES, as a LenderTHE OTHER LENDERS PARTY HERETOandKRUPP CAPITAL ASSOCIATES,as Administrative AgentRevolving Credit Agreement • August 14th, 2012 • Berkshire Income Realty, Inc. • Real estate • Massachusetts
THIS REVOLVING CREDIT AGREEMENT (as amended, supplemented or otherwise modified from time to time and including all schedules and exhibits hereto, this “Agreement”) is dated as of June 30, 2005 among BERKSHIRE INCOME REALTY-OP, L.P., a Delaware limited partnership, as borrower (the “Borrower”), BERKSHIRE INCOME REALTY, INC., a Maryland corporation, as the parent company of the Borrower and guarantor (the “Guarantor”), KRUPP CAPITAL ASSOCIATES, a Massachusetts general partnership, as a lender (“KCA”), the other LENDERS party hereto (as defined herein), and KRUPP CAPITAL ASSOCIATES, a Massachusetts general partnership, as Administrative Agent for the Lenders.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 9th, 2004 • Berkshire Income Realty Inc • Real estate • Virginia
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made between F.C. Bridgewater Associates, L.P., a Virginia limited partnership (“Seller”) and BIR Bridgewater, L.L.C., a Delaware limited liability company (“Purchaser”) effective as of the 2nd day of September, 2004 (“Effective Date”).
PURCHASE AND SALE AGREEMENT BETWEEN CHHC PAVILION, L.P. AS SELLER ANDPurchase and Sale Agreement • June 3rd, 2014 • Berkshire Income Realty, Inc. • Real estate
NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, as well as the sums to be paid by Purchaser to Seller, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Purchaser and Seller agree as follows:
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 31st, 2005 • Berkshire Income Realty Inc • Real estate
THIS PURCHASE AND SALE AGREEMENT (the “Agreement”) dated as of May 24, 2005, between BERKSHIRE INCOME REALTY-OP, L.P., a Delaware limited partnership or its nominee (“Buyer”), with an address of c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108, Attention: Stephen Zaleski, Telecopier No. 617-646-2374, and Lake Ridge Apartments, LLC, a Virginia limited liability company (“Seller”), with an address of 544 Newtown Road, Suite 128, Virginia Beach, Virginia 23462, Attention: David S. Rudiger, Telecopier No. 757-552-0975.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 16th, 2008 • Berkshire Income Realty Inc • Real estate
PURCHASE AND SALE AGREEMENT (“Agreement”) dated as of September 10, 2008 (the “Effective Date”), between BRI WESTCHESTER LIMITED PARTNERSHIP, a Maryland limited partnership (“Seller”), with an address of c/o Berkshire Property Advisors, L.L.C., One Beacon Street, Suite 1500, Boston, Massachusetts 02108, Attention: David Olney, Telecopier No. 617-646-2317, and HOME PROPERTIES, L.P., a New York limited partnership (“Buyer”), 850 Clinton Square, Rochester, New York 14604, Attention: John E. Smith, Telecopier No. 585-295-7525.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • January 10th, 2006 • Berkshire Income Realty Inc • Real estate
AGREEMENT dated as of January 3, 2006, between Marina Mile, LLC, a Delaware limited liability company, and BIR I, LLC, a Delaware limited liability company, as tenants-in-common (individually and collectively, as applicable, “Seller”), each with an address of c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108, Attention: Stephen C. Parthum, Telecopier No. 617-646-2377, and Metro Real Estate Group, Inc., a Florida corporation (“Buyer”), with an address of 672 E. Hallandale Beach Boulevard, Hallandale, Florida 33009, Attention: Daniel J. Schwartz, Telecopier No. 954-457-7461.
March 5, 2003 Krupp Government Income Trust Krupp Government Income Trust II One Beacon Street Boston, Massachusetts 02108 Gentlemen: Reference is made to the Waiver and Standstill Agreement, dated as of August 22, 2002, by and among Krupp Government...Waiver and Standstill Agreement • March 31st, 2003 • Berkshire Income Realty Inc • Real estate
Reference is made to the Waiver and Standstill Agreement, dated as of August 22, 2002, by and among Krupp Government Income Trust ("GIT"), Krupp Government Income Trust II ("GIT II" and, collectively with GIT, the "Trusts"), Berkshire Income Realty, Inc. and Berkshire Income Realty-OP, L.P. (the "Waiver Agreement").
1 Dorsey's ForgeProperty Management Agreement • November 6th, 2002 • Berkshire Income Realty Inc • Non-operating establishments
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is made and entered into this 28th day of January, 2004 by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”), POND APPLE CREEK ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin limited partnership (the “Original Borrower”), and MARINA MILE, L.L.C., a Delaware limited liability company (the “Substitute Borrower”).
AGREEMENT OF SALE by and between Pacy Oletsky, general and limited partner, Jack L. Baylin, general and limited partner, Michael Baylin, limited partner, Gail Baylin, limited partner, Bonnie Oletsky, limited partner, Howard Gartner, limited partner,...Agreement of Sale • March 22nd, 2005 • Berkshire Income Realty Inc • Real estate • Maryland
This AGREEMENT made this 16th day of March, 2005 by and among the undersigned (the “Seller”), being all of the Owners of PELHAM WOOD LIMITED LIABILITY LIMITED PARTNERSHIP, a Maryland limited liability limited partnership (the “Partnership”), having an office at 106 Old Court Road, Suite 203, Baltimore, Maryland 21208 and BERKSHIRE INCOME REALTY, INC., a Maryland corporation organized under the laws of the State of Maryland, having an office at c/o The Berkshire Group, One Beacon Street, Suite 1500, Boston, Massachusetts 02108, or a subsidiary or an affiliated entity (a subsidiary or an affiliated entity being an entity in which said Berkshire Income Realty, Inc. or its principals own a controlling interest) (“Buyer”).
REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT OF SALEContract of Sale • March 23rd, 2005 • Berkshire Income Realty Inc • Real estate
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT OF SALE (this "Reinstatement") is entered into as of March 18, 2005 (the "Effective Date"), by and between TRIVEST WESTPARK LP, a Texas limited partnership ("Seller"), and BERKSHIRE INCOME REALTY, INC., a Maryland corporation ("Buyer").
AMENDMENT NO. 3 TO ADVISORY SERVICES AGREEMENTAdvisory Services Agreement • March 28th, 2013 • Berkshire Income Realty, Inc. • Real estate
AMENDMENT NO. 3 TO ADVISORY SERVICES AGREEMENT, effective as of January 1, 2009, by and between BERKSHIRE INCOME REALTY, INC., a Maryland corporation (the “Company”), and BERKSHIRE PROPERTY ADVISORS, L.L.C., a Delaware limited liability company the (“Advisor”).
YORKTOWNE AT OLDE MILL APARTMENTS MILLERSVILLE, MARYLAND REAL ESTATE SALE AGREEMENTReal Estate Sale Agreement • December 21st, 2004 • Berkshire Income Realty Inc • Real estate
THIS REAL ESTATE SALE AGREEMENT (this “Agreement”) is made as of the 15th day of December, 2004, by and between EQR-YORKTOWNE VISTAS, INC., an Illinois corporation (“Seller”), with an office at c/o Equity Residential, Two North Riverside Plaza, Suite 400, Chicago, Illinois 60606, and BIR YORKTOWNE, L.L.C., a Delaware limited liability company (“Purchaser”), with an office at c/o Berkshire Income Realty, Inc., One Beacon Street, Suite 1550, Boston, Massachusetts 02108.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT AND TIE-IN AGREEMENT December 12, 2013Assignment and Assumption of Purchase and Sale Agreement • June 3rd, 2014 • Berkshire Income Realty, Inc. • Real estate
Reference is made to that certain Agreement of Purchase and Sale by and between CHHC Pavilion, L.P., a Delaware limited partnership (“Seller”), and Berkshire Property Advisors, L.L.C., a Delaware limited liability company (“Assignor”), dated as of December 9, 2013 (the “Purchase Agreement”) concerning certain Property as therein defined, and to that certain Portfolio Tie-In Agreement between Seller and Purchaser dated December 9, 2013 (the “Tie-In Agreement”).
AGREEMENT OF LIMITED PARTNERSHIP OF BERKSHIRE MULTIFAMILY VALUE FUND, L.P.Limited Partnership Agreement • November 15th, 2005 • Berkshire Income Realty Inc • Real estate • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP is made as of August 12, 2005, by and among Berkshire Multifamily Value Fund, GP, L.L.C., a Delaware limited liability company, as the General Partner, and the Limited Partners. Each capitalized term utilized in this Agreement shall have the meaning ascribed to such term in Article II or Appendix A.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENTAssignment and Assumption of Purchase and Sale Agreement • February 12th, 2004 • Berkshire Income Realty Inc • Real estate
Reference is made to that certain Purchase and Sale Agreement by and between Pond Apple Creek Associates Limited Partnership, a Wisconsin limited partnership (“Seller”), and Berkshire Income Realty – OP, L.P., a Delaware limited partnership, as buyer (the “Assignor”), dated as of November 26, 2003, as amended by that certain First Amendment to Purchase and Sale Contract dated as of December 29, 2003 (as amended, the “Purchase Agreement”) covering certain real property known as Pond Apple Creek Apartments, located at 2445 SW 18th Terrace, Fort Lauderdale, Broward County, Florida.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT AND TIE-IN AGREEMENT December 12, 2013Assignment and Assumption of Purchase and Sale Agreement • June 3rd, 2014 • Berkshire Income Realty, Inc. • Real estate
Reference is made to that certain Agreement of Purchase and Sale by and between JLB Eon LLC, a Georgia limited liability company (“Seller”), and Berkshire Property Advisors, L.L.C., a Delaware limited liability company (“Assignor”), dated as of December 9, 2013 (the “Purchase Agreement”) concerning certain Property as therein defined, and to that certain Portfolio Tie-In Agreement between Seller and Purchaser dated December 9, 2013 (the “Tie-In Agreement”).
