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Home My WebLink AboutOption Agreement Augusta Richmond GA DOCUMENT NAME: OV-tiOn A5y-~t DOCUMENT TYPE: A5 I"ee \'Y"lITJ t YEAR: 1-003 BOX NUMBER:'1-C) FILE NUMBER: \-'004 NUMBER OF PAGES: ~ " I' t.. , ", OPTION AGREEMENT TillS AGREEMENT, made and entered into this / Y day of ~ . ,2003, by and between the undersigned, JAMES M. JOHNSON, of Richmond County, Georgia (the "Seller"), and AUGUSTA, GEORGIA BY AND THROUGH AUGUSTA FIRE DEPARTMENT (the "Buyer") hereinafter identified. WIT N E SSE T H: For and in consideration of the sum of mutual premises and agreements and the mutual . benefits, Buyer and Seller agree as follows: 1. Grant of Option. Seller hereby grants to Buyer an exclusive option to purchase ("Option"), on the terms and conditions herein set forth, the real property described as follows: . ALL that tract or parcel of land in Richmond County, Georgia, containing 2.022 acres, more or less, as depicted on Exhibit "A" attached hereto and incorporated herein by reference. ALSO, a non-exclusive easement in perpetuity over and across the fifty (50') foot strip of land adjacent to the North side of the above described property containing , .342 acre, more or less, hereinafter referred to a "easement par~el". 2. Purchase Price. The purchase price for the property shall be One Hundred One Thousand Six Hundred & 00/100 Dollars ($101,600.00) to be paid at closing in accordance with subsection 6(A)(ii). 3. Term of Option. The terin of the option shall commence on the effective date set forth herein and shall end on December 31, 2003. 4. Exercise of Option. If Buyer "elects to exercise ,the Option as set forth in the preceding paragraph, written notice of such.exercise shall be given by Buyer to Seller prior to the expiration of the term of the Option. 5. " Survey. The exact legal d~scription of the property shall be determined by a survey to be prepared by a certified engineer or surveyor chosen by Seller, and made a part hereof. The survey shall locate all easements, utilities, rights-of-way, and other matters that affect the property, shall refl~ct the number of acres, to the thousandths of an acre, as are contained within the subject property. 6. 'Option Becomes Contract. . Upon exercise 'of the Option, this agreement shall become a contract obligation of Buyer to purchase, and Seller to sell, the property pursuant to the following terms and conditions: r, "'{ .- , A. Closing. Closing shall occur ona date set by Buyer, but in any event not later than thirty (30) days after exercise of option. At closing, Seller shall deliver to Buyer: (i) A general warranty deed acceptable to Buyer's Counsel and title. company, conveying fee simple title to the property free of liens and encumbrances unacceptable to Buyer; (ii) Such other document or instruments as Buyer's Counsel reasonably requires. At closing, Buyer shall pay the Purchase Price to Seller. 'By cashier's or certified check or check. B. Pro-rations. All state, county and city taxes and assessments for the year 2003 shall be paid by Seller. Buyer to payor delete all taxes attributed to the property for the year 2004, if not closed prior to 2004. C. Payments. At closing, Seller shall pay all applicable property transfer taxes of deed stamp costs, and the cost of placing title in the conditions required by subsection B(i) hereof. 7. Default. In the event of a default hereunder, the remedies to those set forth below: a) Seller's Default. Should seller default, Buyer's remedy shall be to enforce specific performance of the agreement. 8. Assignment. This agreement may not be assigned by Buyer. 9. Hazardous Materials. Seller represents and warrants to Buyer that no hazardous or toxic material have been accumulated, stored or disposed of on the property, and that the property is not contaminated by or with any such materials, to the knowledge of'Seller. 10. Notices. All notices required hereunder shall be given in writing and shall be deemed delivered when deposited in the United States mail, postage prepaid, addressed to the parties as follows: TO BUYER: c/o Harry B.' James, Augusta Law Department, 501 Greene Street; Suite 302, Augusta, Georgia 30901 TO SELLER: #6 Bransford Place, Augusta, Georgia 30904, (706) 733-2135 With copy to John J; Flynt, III, Lester, Lester & Flynt, 1007 Broad Street, Augusta, Georgia 30901 subject to the right of either party to designate by notice in writing a new address to which said notices or demands must be sent. Postmark date shall be the date of receipt of mailed notices. , " '{ 11. Successors and Assigns. This Contract shall be binding upon and shall enure to the benefit ofthe respective parties, their heirs, administrators, successors and assigns. I 12. This contract is being executed by Seller under threat of condemnation and Seller is entitled to all benefits connected therewith and Buyer agrees to sign such other documents which may be necessary to properly memorialize this fact. 13. Inspection. Between the date of this Option Agreement and the closing, Buyer and Buyer I s agent and designees shall have the right to enter the property to inspect the property, conduct tests and make surveys and studies and such other investigations as Buyer may reasonably require to assess the property, provided such activities shall not materially damage the property, and Buyer shall indemnify and hold Seller harmless from and against all claims for injury to person or damage to property directly resulting from the activities of Buyer or its agents or designees on the property. 14. This Option Agreement shall not be recorded in the public records in any form. 15. This agreement constitutes the sole and entire agreement between the parties and no modification of this agreement shall be binding unless it is in writing, attached hereto and signed by all parties to this agreement. Representation, promises or inducements not included .in this agreement shall not be binding upon any party hereto. Time is of the essence of this . agreement. 'If any provision of this agreement is unenforceable or invalid, then the remainder of this agreement shall not be thereby affected, and each provision of this agreement shall remain enforceable and valid to the fullest extent permitted by law. 16. In consideration of closing the transaction by the Seller, Buyer agrees to construct a roadway over and across the easement parcel containing .342 acre, more or less, and referred to above, said roadway extending easterly from the pavement of Flowing Wells Road to the easternmost terminus of said easement parcel, said roadway to be constructed in accordance with the City of Augusta Standards and Specifications for Roadway & Utilities Construction, so said roadway may be dedicated as a public road. 17. It is understood and agreed that Buyer will bring sanitary sewer service to the site in substantial conformance with the sewer line as drawn on plan by the Augusta Utilities Department dated October 16, 2003, a copy of which plan has been delivered to Seller. Seller agrees to grant such easements on his property as may be necessary to accomplish the construction of said sewer line and the Buyer agrees to subject a sufficient portion of the property being purchased to sanitary sewer easements and to take such other responsible steps as may be necessary to facilitate the extension of said sewer line, as may be necessary to extend the sewer line northwardly to other property of Seller. 18. The. terms and -conditions of this agreement shall survive closing and shall not merge upon delivery of the deed. ~. ., ,. f IN WITNESS WHEREOF, Buyer has caused this agreement to be executed this day of November, 2003 as an offer to Seller upon the terms and conditions herein contained. BUYER: AUGUS ~ 'tltl,Y '.I,:r\' '~':.er.,'i'. '~,. r. ....... "",,,J .-!:.~ .:f:," ' w.. ...., ',' .,~ (1,"''' ,..' '-\....-..-- ca '" ". . td N:t\.~. ~.~ ~.~ (' /; "'? ",,",-1~,1 "~:. o.....I,r...:j'I... ~' 'ih"C'd'{l;f.\I'}.Y, .,,-;:2' ,,-,~:,~:,:.-.::~(~:..,,/~~-::..;..." IN ACCEPTANCE HEREOF, Seller has caused this agreement to be executed this -1 ~ day of ~) , 2003, as an acceptance of the foregoing offer of Buyer. ~ ' ~ .tJJ A.Jc C'1 Pu bile I,/' i{ 'i &3 In rvu3S (or? f)C f if"es. r 0 ,{ vC(lCl'J -"~'\ . .- ~"H7:. ,~ ~ "~...o-...:. .04..,. ~..i. . ;,v~ .....'A'-"~ I "0" "0 ~ , I. Il}l ~~OTA^I) \ ~~ ~ :... 41>, 1 1.1! II S "-,,. :: (I. ~ ~ ~ ~Uf:'a,~ ~C g. f: ~ ~ ..gL,; ~ sr ,e "~..~. 'f1r:i' . ~,:.." ... --\ :.r . ._'''a. ~......~..o:\.~ ~? ,,'7~b C(\'~r' ,J:;, ,,~'" ,,"I,"''-.~ ...,",,-