Loading...
HomeMy WebLinkAboutContract for Sale of Real Property Augusta Richmond GA DOCUMENT NAME: ~OY)i-r--D.C-\- ~OV- ~\e.. Or~eo---\ \/Y-o"?ey-~ DOCUMENT TYPE: ~on--\--y-a.. c....\-~ YEAR: ~Cf:J L\- BOX NUMBER: L\ FILE NUMBER: '\ \ \ Lo3 NUMBER OF PAGES: ~( Return to: Harry D. Revell 454 Greene Street Augusta, GA 30901 (706) 722-0;768 CONTRACT FOR SALE OF REAL PROPERTY Augusta- Richmond County, Georgia Voluntary Acquisition Program Contract For Sale of Real Property cc.I,(~ Zoolo l.J THIS AGREEMENT made and entered into the 2-J day of Dee lber, 2tm3, by and between Charles H. Nutt, herein designated as "Seller," and Augusta, Georgia (a/k/a Augusta-Richmond County), WITNESSETH: WHEREAS, the Seller is the owner of certain real property being described as follows: All that certain lot or parcel of land. together with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. known and designated as the Southern portion of Lot NO.4. Tract NO.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County. in Realty Book No. 16 N's. as page No. 216. Said lot measures 1Q6.~ feet on Farris Street. 116.4 feet on Rozella Street. its Western boundary line. 1~O feet on its Northern line and is bounded North by the remaining portion of said Lot NO.4: East by said Farris Street: South by Rozella Street. and West by said Rozella Street. AND WHEREAS, Augusta, Georgia, a local government of the State of Georgia (hereinafter referred to as the "Subgrantee"), acting pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project, wishes to purchase the above described real property (hereinafter referred to as "Property"). NOW THEREFORE, for and in consideration of the covenants and obligations contained herein, the parties agree as follows: 1. AGREEMENT TO SELL. The Seller agrees to sell the Property to the Subgrantee, together with all the Seller's right, title, and interest in all Fixtures, Buildings, and Improvements located on the above-described real property, and under any easement and servitude for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions, and modifications. 2. PURCHASE PRICE: The Subgrantee agrees to purchase all the Seller's right, title, and interest in the Property for the sum of $!).4!)7.00, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Subgrantee on behalf of the Seller for the purposes set forth in paragraph loA, and shall be reduced by any amounts for required FEMA deductions as set forth in paragraph lOB. The Seller shall receive no other compensation from the Subgrantee for all of Seller's right, title, and interest in the Property. 3. TITLE: The Subgrantee shall cause to be prepared, at it's expense, an Opinion of Title for the Property, continued to a date subsequent to the date of this Contract. The Opinion of Title shall show merchantable title in Seller, subject only to Permitted Exceptions in Paragraph 5. In the event that title curative work is necessary, such work shall be performed by the Subgrantee's title examiner, or an attorney of the Subgrantee's choosing. The Seller shall pay all costs required to perfect its title to the Property prior to Closing, or costs of title curative work shall be deducted from the Purchase Price of the Property at Closing. 4. DEED: Within one hundred and twenty (120) days from the date of this Contract, or other date as shall be mutually agreed upon by Seller and Subgrantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Subgrantee a General Warranty Deed for Property, in recordable form, conveying fee simple title to the Property to the Subgrantee, subject only to Permitted Exceptions in Paragraph 5. The Seller shall further deliver to the Subgrantee a bill of sale for any personal property included in the sale. 5. PERMITIED EXCEPTIONS: The Seller agrees to convey good, clear, and marketable title to the Property, subject only to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Subject to prior approval of governing body, covenants, restrictions, reservations, and easements of record. 6. FIXTURES AND PERSONAL PROPERTI: For the purposes of this document, Fixtures include all personal property that integrally belongs to or is part of the above-described real estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. 7. POSSESSION: On and after the Closing Date, the Subgrantee shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter. 8. INSPECTION OF THE PROPERTI: The Subgrantee, at its expense, shall have the right to conduct such investigations, inspections, and inventories of the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of the making of this Contract for the purposes of investigating, inspecting, and performing inventories of the Property and for other purposes consistent with the Subgrantee's interest under this Contract. REMOVAL OF PERSONAL PROPERTI AND DEBRIS: Prior to the Closing Date, Seller at its own expense shall remove all personal property, equipment and debris from the Property, including but not limited to vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. In the event Seller fails to remove any such personal property, equipment, and debris prior to the Closing Date, the Subgrantee may use a portion of the Purchase Price to satisfy Seller' obligations under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that it and all other current occupants vacate the Property prior to the Closing Date. 10. APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSISTANCE RECEIVED. A. Prior to disbursing payment to the Seller, the Subgrantee may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and debris and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, abstracting, recording fees and other costs incidental to the conveyance by Seller of marketable title to the Subgrantee. B. Seller acknowledges that this voluntary acquisition is made pursuant of a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of Federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by Seller for flood-related damage be deducted from the Purchase Price. Pursuant to the FEMA requirements, the following shall be deducted from the Purchase Price: · an amount equal to all FEMA Emergency Minimal Repair (EMR) assistance received after June 20, 2000; · an amount equal to all FEMA Individual and Family Grant Program assistance received after June 20, 2000 for the purpose of making repairs to the Property; · an amount equal to all flood insurance proceeds received by the Seller June 20, 2000. In addition, pursuant to FEMA requirements, the following shall be deducted from Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for EMR and IFG program assistance and flood insurance proceeds received by the Seller, and after payments are made by Seller for satisfaction of all liens, encumbrances, taxes, assessments, and other costs incidental to the conveyance): · an amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller after June 20, 2000. Prior to the Closing date, Seller shall provide all information requested by the Subgrantee relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood-related damage. At Closing, the Subgrantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11. REPLACEMENT HOUSING: The Seller acknowledges that all proceeds from this sale shall be used expressly for the purchase of Replacement Housing, and that Seller is required to relocate outside of the National Flood Insurance Program (NFIP) 100 year flood plain boundaries. 12. INSURANCE: Seller agrees to maintain and keep in force and effect all existing property and liability insurance until the Closing Date. 13. MAINTENANCE OF THE PROPERlY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver it intact at the time possession to the Subgrantee is given. All risk of loss or damage to the Property is on Seller until the Subgrantee takes possession. Prior to possession by the Subgrantee, Seller agrees to promptly give written notice to the Subgrantee of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Subgrantee shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the property from causes covered by insurance, the Subgrantee shall have the option to either (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property: or (2) terminate this Agreement. 14. UTILITIES: The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants prior to the Closing Date. 15. TAXES: Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the year of Closing, and all unpaid taxes for prior years. To determine the pro-rata share of taxes for the current year, payable in the next year, the following procedure shall be used: A. The annual tax payment shown on the most recent tax figure for the Property shall be divided by 12 to determine the amount of tax owed for each month. B. The total number of months in the current year shall be determined and multiplied by the monthly amount of tax owed. That figure shall be the portion of taxes to be paid by the Seller on the pro-rata basis. C. When the Closing Date is on or before the 15th of a month, no taxes will be due for that month. When the Closing Date is after the 15th of the month, a full month's taxes shall be due for that month and shall be added to the Seller's pro-rata share. 16. TIME IS OF THE ESSENCE: Time is of the essence in this agreement. 17. LEASES: Seller represents and warrants to the Subgrantee that there are no leases, tenancies, or other rights of occupancy for use of any portion of the Property. The foregoing representation and warranty shall survive Closing Date. Seller shall hold harmless and indemnify the Subgrantee from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 18. APPROVAL OF COURT: If the Property is an asset of any estate, trust or guardianship, this document shall be subject to Court approval prior to payment of Purchase Price, unless declared unnecessary by the Subgrantee. If Court approval is necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter to hearing for issuance of a deed. 19. ENVIRONMENTAL ASSURANCES: A. Environmental Representations and Warranties: For the purposes of this Contract, the terms "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended: (I) the Resource Conservation and Recovery Act of 1976 (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); (iii) any other federal, state, or local statute or ordinance which defines "hazardous waste" or "hazardous substance", or similar terms, and which could create liability in the Subgrantee; and (iv) any federal, state, or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having Subgrantee over the Property. Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, or hydrocarbons. The Seller hereby represents and warrants to the Subgrantee that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal sites, or underground storage tanks located in, on, or about the Property; (2) There is not currently and has never been any hazardous waste stored" generated, treated, transported, installed, dumped, handled, or placed in, on, or about the Property; (3) At no time have any Federal or State hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on, or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property; (5) The Seller has not received any directive, citation, notice, letter, or other communication, whether written or oral, from the Environmental Protection Agency, the Georgia Department of Natural Resources, any other governmental agency with authority under any environmental laws of the federal, state, or local government, or any other person or entity regarding the release, disposal, discharge, or presence of any hazardous waste on the Property, or any violation of any such environmental laws; (6) To the best of Seller's knowledge and good faith inquiry, neither the Property, nor any real property contiguous to the Property, nor any predecessors in title to the Property, are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws of the federal, state, or local government. The foregoing representations and warranties, and the Environmental Indemnification set forth in the following subparagraph B shall survive the Closing Date. In addition, any study, investigation or inspection of the Property shall not affect the foregoing representations and warranties and the indemnification provisions in this Contract by the Subgrantee, or any agent of the Subgrantee. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Subgrantee from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees -- which may include the value of services provided by the Subgrantee's attorney incurred by the Subgrantee to enforce this provision) asserted against or incurred by the Subgrantee by reason of or arising out of the breach of any representation or warranty of the Seller set forth above. C. Additional Environmental Provisions: The Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, the Seller shall immediately notify the Subgrantee of such fact. In addition, the Subgrantee or its agents shall have the right to enter upon the Property at any time to perform additional . environmental studies. If at any time the Subgrantee in its sole and unreviewable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the Subgrantee may terminate this Contract immediately. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 21. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 22. NO BROKERS: Each party hereto represents that no real estate broker commission shall be due on the conveyance of the Property in this Contract. 23. VOLUNTARY TRANSACTION: The Seller, as owner of the Property acknowledges that the Subgrantee has entered this Contract for purchase of the Property pursuant to the Subgrantee's Voluntary Acquisition Program, and that the Seller's acceptance of the terms of this Contract is voluntary. Seller is under no duress or coercive action by the Subgrantee to accept the terms of this Contract, and the Subgrantee will not pursue acquisition of the Property by eminent domain or other means if the Seller declines to sell the Property under the Voluntary Acquisition Program. Seller further acknowledges that upon the Closing Date, it will be necessary to move permanently from the Property. 24. COUNCIL/COMMISSION APPROVAL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "I" (Bill of Sale); Exhibit "2" (Subgrantee's Right to enter and inspect and notice of intent to take soil boring and ground water sample); Exhibit "3" (Certificate of Removal of Personal Property and Debris); Exhibit "4" (Disclosure and certification of flood assistance); Exhibit "5" (Certification to use Funds for Replacement Housing); Exhibit "6" (Property Inventory). 26. SEVERABILITY: Any part or provision of this Contract held invalid will be severed from the Contract, without affecting the validity of any other provisions or the entire Contract. IN WITNESS WHEREOF, this the _ day of December, 2003, the parties hereto agree to the terms contained herein. SELLER: ~ n~ c;arl~ ~tt AUG~,,,<f:ORGIA BY: \mI As its Mayor " p, I 'k: c" -" r:. .", r . ') ._ .30~, ':\ ~.::;- 00 ~.....,. '..""'~ r,l .:- 00 r?~' 1,. I.'.b'~ "~"/...;- " .. ,.".; ...... "',.' " :d 'n (1 )...\~,: .....~ ,")'. \ '-, ..., j ~. ~ I-':. ~ (l "(::It'~r.r.~ '.~.-. ~ ; ~ ',r., : "~I(--rs."'~'~"" ."'1';;')" ..:::;.!J. I' r"") 0 .~,,",. 0 ... t" p ';. ~ "'* .~.- J' 'J 1'{ ~f"o F_~T. ,,'!3 ~ c. , 1M OfiiO ,J!':1 '.\. o~ go. rJ' V'~ eol6ct"tIoo~Q ~ ~lt~~ GeORG\l\. ..--- ~\1..\:>.'Q.."~~~~ bcfh ATTEST: ..."''il.,-" ,. ,.. PLtJ, '\_ ~-~~"""""~~~'.. '" ~'.- '. ~ ,~~. .~ ~ ! l ~OTA~~ '\ \ ~. _._ . <Of ~ . . ~ ~ :~ .,oUB\.\V i J '#;~"'~~ 'l.O~.o' C!~ +. ~_".lOv. 12.,...oJ4..-.r '.- ''7fj ...... .:,." . ), OftJi) CO\)~-- ~', .. . ~'':.:!'Jit-''~ Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECf AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owners of the following described property commonly known as lQS2 Rozella Road. Augusta. Georgia, and legally described as: All that certain lot or parcel of land. together with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. known and designated as the Southern portion of Lot NO.4. Tract NO.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County. in Realty Book No. 16 N's. as page No. 216. Said lot measures lQ6.s feet on Farris Street. 116.4 feet on Rozella Street. its Western boundary line. ISO feet on its Northern line and is bounded North by the remaining portion of said Lot NO.4: East by said Farris Street: South by Rozella Street. and West by said Rozella Street. Hereby grant to Augusta, Georgia (a/k/a Augusta-Richmond County), the right to enter upon and conduct such investigations, inspections, and inventories of the property, as it deems reasonable or necessary prior to closing. The right to enter shall include a temporary easement to allow Augusta, Georgia, its agents, contractors, or employees a right to enter in, upon, and onto the above described property for the purpose of hauling transporting, and storage of materials and equipment used for the purpose of soil boring or taking ground water samples. It is understood and agreed that Augusta. Georgia will remove all of said materials and equipment except marks and location stakes from the premises within 10 days after the above described investigations, inspections, and inventories have been completed. It is understood and agreed that Augusta. Georgia will restore the test sample areas to original condition where reasonably possible. It is understood and agreed that Augusta. Georgia will report the test results of the soil and ground water samples to the Federal Emergency Management Agency and the Georgia Department of Natural Resources. ~ ~lo(~ -z.oo ~ This the ~ day of D(xt:u I, :.mu~. rh-L~ . f\illJ Charles H. Nutt v ~r~ "'ZOo'-( ess my hand and cial seal this ~ day oi..fk Ibt:l, ~uu3. Exhibit "1" BILL OF SALE I, Charles H. Nutt, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, convey, assign, transfer and release to Augusta. Georgia (a/k/a Augusta-Richmond County), all the Seller's right, title, and interest in all Fixtures, improvements, and personal property located on the Property at lQ~2 Rozella Road. Augusta. Georgia and legally described as: All that certain lot or parcel of land. together with improvements thereon. situate. lying and being in the State of Georgia. County of Richmond. known and designated as the Southern portion of Lot NO.4. Tract NO.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County. in Realty Book No. 16 N's. as page No. 216. Said lot measures lQ6.Fi feet on Farris Street. 116.4 feet on Rozella Street. its Western boundary line. 1~0 feet on its Northern line and is bounded North by the remaining portion of said Lot No.4: East by said Farris Street: South by Rozella Street. and West by said Rozella Street. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. For the purposes of this document, said Fixtures, improvements, and personal property include all property that integrally belongs to or is part of the above-described real- estate, whether attached or detached, such as light fixtures (including fluorescent tubes), shades, rods, blinds, Venetian blinds, awnings, storm windows, storm doors, storm sashes, screens, attached linoleum, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning or other equipment other than window type, door chimes, built-in items and electrical service cable, fencing, gates and other attached fixtures, trees, bushes, shrubs, and plants. s..r.h ~~ ~4 This the ~ day of Dc , 2tKJ3: r _t..~ ~. \f\~ Charles H. Nutt _ k'o (te\- ?-.u ~ Witness my hand and official seal this ~ day of Dceem , 2.Q.03.. ~~~'l My commission expires on: .I' ~.... .......~.f. I. ! ~OT~~). '\ ~ jl! : A -.- : ~ ~ ~ -I. C : iI! ~-a '\ \\: "'au : J ~'~'.~ (\.l~" t. a.~'~1'ov. 12, ~o~., (:i ~ ~~'01\ii ........ ~......:" '~" ~ cou~~... \'''\,,,-,~ Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, Charles H. Nutt, owner of the Property commonly referred to as 19.1)2 Rozella Road. Augusta. Georgia. hereby state that we have removed all personal property, equipment, and debris, including but not limited to, vehicles, vehicle parts, appliances, storage containers, household cleaners and solvents, construction materials, firewood, etc. from the Property site. I further declare that all personal property remaining on the premises is hereby abandoned and we relinquish any further claim thereto. ..~ l:e'-) r W "f.jIU '-I This the .;l~ day of Decgm , 2003. C-~ ~ rt::O Charles H. Nutt .--~ ~ ~~ "l.6c) '1 Witness my hand and official seal thig;2.~ day of Qcee er, 2003. County, GA My commission expires on: __....~~"'~'<.t\. _--~s T, PLlI....~'_ ~ ....~~ ......... 'r~ '. ._tI>'V"oO. .. "~'. ; ~ ... ...:"..A , l l-'.OTAb \ ~ ~ : ,- rot}. ~ ~ ~: -0- : ~ ~ ~ \ :UB\-'V 1 J If ~ 0..+.0 ~'\ .' J' ~>~~"'~~ov. 12.,.t~..'...l. ~ ,# '''?''O .~.". ~~.,.... "', .''','l r:()\J~ -- ':''''' '\ ~~. ,". "-+#.f~"""" Exhibit" 4" DISCWSURE AND CERTIFICATION OF FLOOD ASSISTANCE I, Charles H. Nutt, is a voluntary participant in the County of Augusta-Richmond Voluntary Acquisition Program. I understand that pursuant to the requirements of the Federal Emergency Management Agency (FEMA), the Augusta-Richmond County Emergency Management Agency (ARC EMA) is required to deduct certain types of assistance which we have received for flood- related damage from the purchase price of our property. I hereby certify that the following is a true and complete disclosure of flood-related assistance we received in the following categories: 1. FEMA Individual ~d Family Grant Program assistance for repairs to the Property: $ U 2. All flood insurance proceeds received after June 20, 2000: $ o 3. FEMA Minimal Repairs Assistance: $ e) 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after June 20,2000: $ CJ I authorize the ARC EMA to verify the above Duplication of Benefits information with FEMAand the SBA. r. Ct br,:",:\ "'Z..oo Y This the -.2.C....day of Dece.:ub~l, 2003. (J~~~. f)Si;- - Charles H. Nutt 'I ( ~\.;, { 1J:o () I.f Witness my hand and official seal this ~ day of DeGe~l, 2003'. . ~ '~""'" .-1"': ~ ,.. Pt.(J.A~\lI -- _...~ ..........:~~'. #I _'f:Io'f:li".. 'o..~ I ~ ... · ~f '" ! -,-OTA ~L \ fl~ ~ .,~ 'Tr '. I ~: -.... : ~ ~ : A C:" ~ ~ ~. lJB\-~ ; t j\ ~ · ~ 1\.. Y p- '., (\, '..'4 "" ?-"''''.' (:j I" , -'5'.tJ ....Ok 12......J4...; --r .'Q.~., -.1......x'\.. 'i: '.J;'j:, {'O\J\'~- . ~....-.:- \~..:.!\~~~ Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPlACEMENT HOUSING I, Charles H. Nutt is voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. I understand and agree that Augusta. Georgia's funds designated for the purchase of our Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to us by Augusta. Georgia for the acquisition of our property will be used expressly for the purpose of replacement housing. b. Ct..I.o (~ "V CH.., This the~ aay of Decell 1,2003. C~f-l.f\~ Charles H. Nutt ..r\. ~ \0 r':J 1..0 ,) l.J fficial seal this )"0) day of Deeenlbt:~, 2003. My commission expires on: -....,.....'-..:.." _-- "to PL(JN, 'Il~ '::~~""""""~~?:~.A ~ ~~ .. .. 'J. ~ ~ . . 'f~ f (-'>.O~Aliy \ \ ~ . ~ -- . ~ ~ : ~.. . ~ ~ \ /)UBU'v j ~! 1,1); '. ~ (;:,~... c:J_ t. (\L....~ Nov. 1'2..;'" .Il,,),.'J' " rTA. ......... ~..s.'." ',"\~C1N;J Co~;",.... . " -.., \.~.. '.:'~.. ....;l- Exhibit "6" PROPERTY INVENTORY I, Charles H. Nutt, is voluntarily participating in the County of Augusta-Richmond Voluntary Acquisition Program. I understand that prior to Closing, Augusta. Georgia must conduct a property inventory for our Property commonly known as lQ~2 Rozella Road. Augusta. Georgia for the purpose of inspecting the real property which Augusta. Georgia will acquire, the personal property which we must remove prior to Closing, and any hazardous materials which we must remove from the property prior to Closing. I agree to be present with a representative, employee, or agent of Augusta. Georgia for inspection and inventory of the property at a time to be scheduled within a reasonable time prior to the Closing Date. ") ~~ ~b{~ '2QO '"'\ This the ~ day of Decem , 2003. C-kJL lA . f\~ Charles H. Nutt ~f";) "Z-Cl u'-t Witness my hand and official seal thisl.-.r day of BecenlI.;t::l, ~uu3. ~~~ County, GA ~..."....,~'\, L'-",\. PLU~ \~_ ~~.,..........~~~.. #I .,?:., o~?- ., I "S;' 01Ally \ \ ~ : ~ _0- : ~ ~ . ,.. . ~ ~ \. /)UB\,)'-J ! ~~ ,~ .(\ 0, ~ ~.' c:JiII v~~ '. +,0 'l.';i.. _, ., ... ~. .... Nov. 12.. ..' ",-,",-.:' " . ....,..-~... ..,...... ~'. .,~ ~'i),~, ", o,...~ 'T>~ t '. ......; ,..... \"J . _.1'" . \ .~. k. "", ~.,'" My commission expires on: ...... .,...- 'i '( SERVICE AGREEMENT ~ t:"t.L,ru.G.~ This agreement made and entered into this ~ day of-JaH....aTj''';-"2004, by and between Charles H. Nutt, herein designated as "Owner," and Augusta, Georgia (a!kJa Augusta-Richmond County), WITNESSETH: WHEREAS, the Owner is the owner of certain real property described as follows: All that certain lot or parcel of land, together with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, known and designated as the Southern portion of Lot No.4, Tract No.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County, in Realty Book 16 N's, as page No. 216. Said lot measures 196.5 feet on Farris Street, 116.4 feet on Rozella Street, its Western boundary line, 150 feet on its Northern line and is bounded North by the remaining portion of said Lot No.4; East by said Farris Street; South by Rozella Street, and West by said Rozella Street. AND WHEREAS, Augusta Georgia, a local government of the State of Georgia, acting pursuant to its legal authority in administering its GEMA Hazard Mitigation Grant Program project. AND WHEREAS, the Owner desires for Augusta, Georgia to remove from the above- referenced real property all fixtures, buildings and improvements located on the above-described real property . NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: The Owner agrees to allow Augusta, Georgia to remove from the premise of the above- described real estate all fixtures, buildings and improvements. The Parties agree that the fixtures, buildings, and improvements located on the above-described real property are unsafe and constitute a nuisance, and that removal of said items shall constitute an improvement to the value of the real property . ".~~ ~~,.~ . . IN WITNESS WHEREOF, this 2", l. day of J~yary, 101)4, the Parties hereto agree to the terms contained herein, J~ . ~ \;: AUGUSTA, GEORGIA " J, :-:':. ~r-, - ,/... '..l Book 00913:2322 Augusta - Richmond County 200400789402125/2004 15:17:07.00 $0.00 QUITCLAIM OEED ' ,~ I IlIillI/Iii lIililllillllil liiilllm/illlliiii liiii Ii iii'" .'". - 2004007894 Augusta - Richmond County -- /~----.._--- Return to: James T. Plunkett Shepard, Plunkett, Hamilton, Boudreaux & Tisaale, LLP 701 Greene St., Suite 104 Augusta, GA 30901 STATE OF GEORGIA QUIT CLAIM DEED RICHMOND COUNTY -~ i=~btu.""'Y 20'0'1 THIS INDENTURE, made and entered into this ~J day of Qe~elIlbet, ~ between, CHARLES H. NUll, as Party of the First Part, and AUGUSTA, GEORGIA, as Party of the Second Part; WITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Ten Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does remise, release and forever quitclaim to said Party of Page 1 of 2 ~ ~ ....r~-. .-:-~ Book 00913:2323 Augusta - Richmond County 200400789402/25/2004 15:17:07,00 . the Second Part, its successors and assigns the following described property, to-wit: All that certain lot or parcel of land, together with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, known and designated as the Southern portion of Lot No.4, Tract No.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County, in Realty Book No. 16 N's, as page No. 216. Said lot measures 196.5 feet on Farris Street, 116.4 feet on Rozella Street, its Western boundary line, 150 feet on its Northern line and is bounded North by the remaining portion of said Lot No.4; East by said Farris Street; South by Rozella Street, and West by said Rozella Street. TO HAVE AND TO HOLD the said property to the said Party of the Second Part, its successors and assigns, so that neither the said Party of the First Part nor its successors nor any other person or persons claiming under it shall at any time hereafter, by any way or means, have claim or demand any right, title or interest in or to the aforesaid property or it appurtenances or any part thereof. IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be executed by the proper officials, with affixed seal, and delivered these presents the day and year first above written. SIGNED, SEALED, AND DELIVERED in:Jj;:~ (Unofficial Witness) ~- o ry Public County, _ y Commi~~~~~S;,~. __..~ ........... CI+.... <i. ;' '3' _... '. ~t. . II! o' ". .~ i f ~OT.4\.-9). \ . ~ ~ i A -.- : ~ ~ ~ ~ : ~ ~-a \ ((\ lJSL\C .: J ~n".~ :\ ./ !r.' ..~_ ..~.."ov. 12 zQt'Jo. C:i~ .~VOA. ......'..:~"'..; ~}\~ro COUl'~. t ."~'.'\."~ By:~.f\~ Charles H. Nutt (L.S.) "- Filed in this office: ---- Augusta - Richmond County --- __Q~~5/2Qg4-1~:17:07.00 Elaine C. Johnson -- -. --"- __ Clerk of Superior Court ~. Page 2 of 2 , . ~-, RETURN TO: Stephep E. Shepard 701 Greene Street, Suite 701 Augusta, Georgia 30901 .------------- Book 00916:2139 Augusta - Richmond County 200401006403/11/200416:15:54.00 $5 50 WARRANTY DEED '--'(\'ii\'\\~I"ii\I"ii\r'i~rl\i~'\\lii'l\llr,~~"ilrl"1i~\r un 2004010064 Augusta - Richmond Co ty Transfer Tax: $5.50 --, WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND .~ ~~nA~~ Z~OV THIS INDENTURE, made and entered into this Z~ .. day of Deeem ~ 20'0'3, . between CHARLES H. NUTT, as Party of the First Part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Party of the Second Part; WITNESSETH THAT THE SAID Party of the First Part, for and in consideration of the sum of Five Thousand Four Hundred Fifty Seven and No Cents ($5,457.00) Dollars in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party of the Second Part, its successors and assigns, the following described property, to wit: All that certain lot or parcel of land, together with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, known and designated as the Southern portion of Lot NO.4, Tract NO.7 on a plat of Hollywood Subdivision recorded in the office of the Clerk of Superior Court of said Richmond County, in Realty Book No. 16 N's, as page No. 216. Said lot measures 196.5 feet on Farris Street, 116,4 feet on ------ Book 00916:2140, Augusfa - Richmond County 200401006403/11/200416:15:54,00 Rozella Street, its Western boundary line, 150 feet on its Northern line and is bounded North by the remaining portion of said Lot NO.4; East by said Farris Street; South by Rozella Street, and West by said Rozella Street. THE ATTACHED "DEED RESTRICTIONS" are attached hereto and, by reference, made a part hereof. TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns, in Fee Simple. AND THE SAID Party of the First Part warrants and will forever defend the right and title to the above described property unto the said Party of the Second Part, its successors and assigns, against the lawful claims of all persons owning, holding or claiming by, through or under the said Party of the First Part. IN WITNESS WHEREOF, the Said Party of the First Part has caused same to be executed by the proper officials, with affixed seal, and delivered these presents the day and year first above written. SIGN~~~EALED, AND DELIVERED inthJ!l~~ Witness r~uJL 8>. i\Q" Charles H. Nutt lie, Rie m d Co __ ~~?~~a .. . _--,"c. T. PL.tJ: ". mmlSSlon ExpIres: ;~~........_ ~....~. "... ..... , ..0 ~ ". .>.'1 l ! ~O'AIi~ \ ~ ~. -0_ · Ii! r; : ~ : ~ ~ ~ ~ ~ lISUv .: ~ ~ ~ .,.to fii'\.... !r; ~) ~_ ..~~.ov. 12, t.~.. ...1 (:1# . r ..~" ...... ..t'~~'" t .. t:.../'t "O\)~'-- 'i ~.., ..~".. 25R ------ ------- ---- ~Oo; 00916:2141 August~ - Rich,!,ond co~nty 200401006403/11/200416:15.54,00 "Deed Restrictions" WITNESSETH WHEREAS, this property is being purchased under the Hazard Mitigation Grant Program, authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, PL 93-288 as amended; and WHEREAS, the State of Georgia has entered into a Cooperative Agreement with Augusta, Georgia, dated July 13, 2000, and herein incorporated by reference, in which Augusta, Georgia will use the property described hereafter under the terms and conditions thereunder; and NOW, THEREFORE, this conveyance is made upon the express conditions that: 1. The premises shall only be used for purposes consistent with open space, recreational, or wetlands management purposes (as defined in Title 44, Code of Federal Regulations, part 206.434, as it appears now or may hereafter be amended); 2. No future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property; and 3. There shall not be erected on the premises any new structures or other improvements other than rest rooms, or a public facility that is open on all sides and functionally related to open space uses. 4. The sub-grantee agrees that it shall convey the property only to another public entity and only with prior approval from GEMA and the Regional Director of FEMA. Such conveyance shall be made expressly subject to the above-referenced conditions and restrictions, which shall run with the property in perpetuity. In addition, for property that is transferred to another public entity, that public entity must obtain approval from GEMA and the Regional Director of FEMA to convey the property to another public entity. Any breach or threatened breach of the above conditions may be enjoined upon. application by the State of Georgia. In addition, the State of Georgia shall have the option to repurchase the above described premises for the sum of One Dollar ($1.00), if the Grantee, its successors or assigns shall have failed to remove or correct any violation of the above conditions within thirty (30) days after the mailing of written notice thereof by said State of Georgia or its successor, to the Grantee, its successors or assigns. ,..---- -----~---------- Book 00916:2142 Au"gusta - Richmond County 2004010064 03/11/2004 16:15:54.00 The above conditions and restrictions, along with the right to enforce same are deemed to be covenants running with the land in perpetuity and are binding on subsequent successors, grantees, or assigns. The Grantor releases and deeds unto Augusta, Georgia and its assigns, all right, title, and interest which Grantor may have in the banks, bed and waters opposite to or fronting upon said land, and in any alley, road, street, ways strips, gores and railroad right-of-way abutting or adjoining said lands, and in any means of ingress and egress appurtenant thereto. TO HAVE AND TO HOLD the said premises with all and singular the rights and privileges thereunto belonging unto Augusta, Georgia and its assigns forever. THIS conveyance is expressly subject to rights outstanding in third parties for existing easements for public road and highways, public utilities, railroads, and pipelines. r= , '2..e 0'-1 Witness my hand and official seal this t..S' day of ~'" {J 2003. SIGNED, SEALED AND DELIVERED in the presence of: ~1f!t1 k2lJ?~~ Unoffici Witness . ~ . . . .' . ." .. .,.,. ,1 I' fJ ;". ..,1 \..."..... 1.If' "~(a~'nXnm~ ./ .' . ~ Npta~ e-.4<,;-".hc >. ~ ~h~ond Cguntyi Georgia .. . f',>. U 8 L \ ". , 1P I~' .~ ',1. o~. ~ /.; , , . ./'~" . Notary Public, Columbia County, Georgi,) . ~'ifi",~'\"';;':f,~ -:. ~ My ~JillJl)~dn ExpIres: My COmmission Expires Aug, 1. 2006 ~ 'D ! ~,Nt.,;;:.q~~ :::; ~ .. l" ,. . ~ .... 0 '. ,..~n~.. ~ ~ . ~ ~ ~ .~,~ ,~- 0: 'I , ~~" o.c(~~) 0... # fA bl o. d '"~ -..0..000 iO' '\\\ CeORG\l\. _--- \.,'t..'-".....<a.-OO':: AUGUSTA, GEORGIA By: ~i~ As its Mayor b~ r----- Filed in this office: Augusta - Richmond County 03/11/2004, !6:15:54.00 Eialne C.Johnson Clerk of Superior Court ....., /' ~ ;. 4 -'~,\ A. Sr/'ement Statement U.S. Department of HousinQ and Urban Development ~ ,r OMB No. 2502-0265 B. Type of Loan 1. 0 FHA 4. OVA 2. 0 FmHA 5. 0 Conv. Ins. 3. [gj Cony. Un ins File Number AR2004-1228 Loan Number Mortgage Insurance Case Number c. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "p.o.c" were paid outside of closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER: Augusta, Georgia 530 Greene Street, Augusta, GA 30911 E. NAME AND ADDRESS OF SELLER: Charles H. Nutt 3831 Lake Ontario Street, Hephzlbah, GA 30815 F. NAME AND ADDRESS OF LENDER: G. PROPERTY LOCATION: 1952 Rozella Road Augusta, GA 30906 H. SETTLEMENT AGENT: PLACE OF SETTLEMENT: TIN: Shepard, Plunkett, Hamilton & Boudreaux 701 Greene Street, Suite 104, Augusta, GA 30901 58-1588795 I. SETTLEMENT DATE: 02/25/2004 RESCISSION DATE: J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 55 457,00 401. Contract Sales Price $5 457.00 102. Personal Property 402. Personal property 103. Settlements charges to borrower: 403. , (from line 1400) 104. 404. 105. 405. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 106. City/town taxes to 406. City/town Taxes to 107. County Taxes to 407. County Taxes to 10B. Assessments to 40B. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: $5,457.00 420. GROSS AMOUNT DUE TO SELLER: $5,457,00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 20B. 50B. 209. 509. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes 01/01/2004 to 02/29/2004 $19.23 212. Assessments to 512. Assessments to 213. 513. 2003 County Property Taxes $115.39 214. 514. 215. 515. 216. 516. 217. 517. 21B. 51B. - 519. 219. 220. TOTAL PAID BY/FOR 520. TOTAL REDUCTIONS $134.62 BORROWER: IN AMOUNT DUE TO SELLER: 300. CASH AT SETTLEMENT FROMfTO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gross amount due from borrower (line 120) $5,457.00 601. Gross amount due to seller (line 420) $5,457.00 302. Less amount paid by/for borrower (line 220) 602. Less reductions in am!. due seller (line 520) $134. 62 303. CASH ( ~ FROM) ( DTO) BORROWER: $5,457.00 603. CASH ( 0 FROM) ( rgJ TO ) SELLER: $5;322.38 HUD-1 (3-86) - RESPA, HB 4305.2 PAGE 1 " OMS No. 2502-0265 L., ~ SETTLEMENT CHARGES - " 700. TOTAL SALES/BROKER'S COMMISSION 1'AID FR'OM PAID FROM BASED ON PRICE $5,457.00 @ %; BORROWER'S SELLER'S FUNDS FUNDS DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: AT AT 701. to SETTLEMENT SETTLEMENT 702. to 703. to 704, to 70s. Commission paid at settlement 706. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. B01. Loan orlginetion fee % B02. Loan discount % B03. Appraisal fee to: B04. Credit report to: B05, Lende(s inspection fee BOO. Mortgage insurence application fee to B07. Assumption fee BOB. BOO. B10. B11. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest from 02/25/2004 to 03/01/2004 @ /dey 902. Mortgage insurance premium for mos. to 903. Hazard insurence premium for yrs.to 904. Flood insurance premium for yrs. to 90S. 1000. RESERVES DEPOSITED WITH LENDER. 1001. Hazard Insurance 1002, Mortgage insurance 1003, City property texes 1004. County property taxes 1005. Annual assessments 1006. Flood insurance 1007. l00B. 1~. Aggregate Accounting 1100. TITLE CHARGES: months @ months @ months @ months @ months @ months @ months @ months @ Escrow Adjustment per month per month per month per month per month per month per monlh per month - I -- I 1101. Settlement or closing fee to 1102. Abstract or lilie search to 1103. litie examination to 1104. Titie insurance binder to 1105. Document preparalion to 11 06. Notary fees to ----- 1107. Atiomey's fees to (includes above items Numbe~ 110B. Tltie Insurance to (includes abova ilams_ Numbe_'s:____ 1109. Lende(s coverage 1110._ Owne(s coverage 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHAR-GE-S: 1201. Recording fees: Deed ---- ----- 1202. City/county lax/stamps: Deed -- . ------- 1203. Stale tax/stamps: Deed 1204. __u_______ 1205. ; Releeses 1300. ADDITIONAL SETTLEMENT CHARGES: 1301. Survey to 1302, Pest inspection to 1303. 1304, 1305. 1306. 1307. 1400. TOTAL SETTLEMENT CHARGES ------ I have carefully reviewed the HUD-1 Seltlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me . tra cllon. I further certify that I have received a copy of the HUD-1 Settlement Statement. August Borrower: ... .I.. r/Ac.J Seller or n' ^ Date: 44ri Agent: l --= ~ ~ Charles H. Nutt .~ Date:~ Borrower: Date: Seller or Agent: Date: Tne HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. ......lllI thiS statt::ment. Date: Date:~ J mes . Plunk tt WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fo Pe ties upon conviction can include a fine and imprison- ment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.