Exhibit 10.1

 

FOURTH AMENDMENT TO SALES CONTRACT

 

THIS FOURTH AMENDMENT TO SALES CONTRACT ( the “Amendment”) is made and entered into as of the 25th day of June, 2012 by and between NORTHRIDGE PARKWAY, LLC, a Georgia limited liability company (hereinafter referred to as the “Seller”), and ROBERTS PROPERTIES, INC., a Georgia corporation (hereinafter referred to as the “Purchaser”).

 

W I T N E S S E T H  T H A T:

 

WHEREAS, Seller and Purchaser entered into that certain Sales Contract dated June 30, 2011 with respect to the sale by the Seller to the Purchaser of approximately 13.012 acres of real property located on Northridge Parkway, Fulton County, Georgia, which Sales Contract was amended by that certain First Amendment to Sales Contract dated as of October 31, 2011 and by that certain Second Amendment to Sales Contract dated as of December 19, 2012, as assigned to Northridge Parkway, LLC, by that certain Assignment and Assumption of Sales Contract dated as of February 21, 2012, and as further amended by that certain Third Amendment to the Sales Contract dated as of March 26, 2012 (hereinafter collectively referred to as the “Sales Contract”); and,

 

WHEREAS, Seller and Purchaser are mutually desirous of entering into this Amendment to amend certain terms and provisions of the Sales Contract only as hereinafter specifically set forth;

 

NOW, THEREFORE, for and in consideration of the premises, Ten Dollars ($10.00) in hand paid by Purchaser to Seller, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties hereto prior to the execution, sealing and delivery of this Amendment, the parties hereto, intending to be legally bound, hereby agree as follows:

 

1.                                      The foregoing recital of facts is hereby incorporated herein to the same extent as if hereinafter fully set forth.  All capitalized words and phrases used in this Amendment shall have the meanings ascribed to them in the Sales Contract, unless specified herein to the contrary.

 

2.                                      The Sales Contract is hereby amended by deleting in its entirety the first sentence of Section VI A of the Sales Contract, and by substituting in lieu thereof the following:

 

“The consummation of the transaction contemplated herein shall take place at the offices of Holt, Ney, Zatcoff & Wasserman, Atlanta, Georgia commencing at 10:00 A.M. on any business day specified by Purchaser in a notice given to Seller at least three (3) days prior to the specified business day, which business day is on or before August 1, 2012; provided, however, the foregoing notwithstanding, Purchaser shall have the right to extend the time for consummation of the transaction contemplated herein to a business day on or before October 30, 2012,

 











 

provided that Purchaser has received a land disturbance permit from the City of Sandy Springs on or before August 1, 2012.”

 

3.                                      This 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 agreement.  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.                                      Except as herein amended, the Sales Contract shall remain in full force and effect and unamended.  This Amendment shall be binding upon Seller and Purchaser and their respective successors and assigns.

 

IN WITNESS WHEREOF, Seller and Purchaser have caused this Amendment to be duly executed and delivered the day and year first above written.

 

 

	
 
    	
SELLER:
    
	
 
    	
 
    
	
 
    	
NORTHRIDGE PARKWAY, LLC, a Georgia   limited liability company
    
	
 
    	
 
    
	
 
    	
By: 
    	
Roberts Properties Residential, L.P., a Georgia limited partnership,   its sole manager
    
	
 
    	
 
    	
 
    
	
 
    	
By:   
    	
Roberts   Realty Investors, Inc., a Georgia corporation, its sole general partner
    
	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
By: 
    	
/s/ Charles R. Elliott 
    
	
 
    	
 
    	
 
    	
Charles R. Elliott 
    
	
 
    	
 
    	
 
    	
Chief Financial Officer
    


 











 

	
 
    	
PURCHASER:
    
	
 
    	
 
    
	
 
    	
ROBERTS PROPERTIES, INC., a Georgia corporation
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/ Anthony Shurtz
    
	
 
    	
 
    	
Anthony   Shurtz, Chief Financial Officer