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Home My WebLink AboutC PRESTON TUTT . ; :14 J 7qt/~ R' hmond County k 01015'1952 Augusta - Ie ~ 09/26/2005 12:27:13.01 !!i!!i,J.!!~ Transfer Tax: $10.60 Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta, Georgia 30901 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this I ~ o~, 2005, between C. PRESTON TUTT, 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 Ten Thousand Five Hundred Fourteen and Two Cents ($10,514.02) 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 Second Part, its successors and assigns, the following described property, to wit: All that lot or parcel of land, with all improvements thereon, situate, lying and being in Richmond County, Georgia, on the Southeast side of Rozella Road, and fronting a distance thereon of Four Hundred Thirty-Five (435) feet and consisting of Tract No. 2 containing Two and Fifty-Five Hundredths (2.55) acres, Lot No.1 of Tract 8 and Lot No.2 of Tract 8; all as shown on a plat of Hollywood Subdivision recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book Book 01015:1953 Augusta - Richmond County "I 200504553609/26/2005 12:27:13.01 16-N, page 216, and specific reference is made to said plat for a more complete and accurate description as to metes, bounds and location. Said property is known and designated under the present system of tax map numbering as Map 70.4, Parcel 13. And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2160. TO HAVE AND TO HOLD the said described property, with all singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behalf 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 person 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 hereunto set his hand and seal, the day and year first above written. (!.~JJr c. Preston Tutt __"",'''ili.'ll. --- 1. PL(J~\\_ ~~~:............'/r~ _. '!ir' .. .. ~... ~ ";) ... :'I"A ..."~ , i ~O, liy: ~ ~: -.- : ~ ~ :.. /)UB\...\V ; ~ J '.~.. ~ ~... (!i, . C\ ....0. ~ 7-<:J.. ~ ' -~ ~~ ....~~.11.... ~ ~ ~~., 0'\1'0 CO\J~-- 't'~'~:i..'~'~'U~5Ji/.~~~<:t.~""'" SIGNED, SEALED, AND DELIVERED In th presence of. Book 01015:1954 Augusta - RiChmo~~ c~ou~-;; --- 200504553609/26/2005 12:27:13.01 Exhibit A "Deed Restrictions" WITNESSETH In reference to the property or properties ("Property") conveyed by the Deed between C. PRESTON TUTT participating in the federally-assisted acquisition project ("the Grantor") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"): WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U .S.C. S 5121 et seq., identifies the use of pre-disaster mitigation grants under S 5133, Pre-Disaster Mitigation ("PDM"), to assist States and local governments in implementing cost-effective hazard mitigation measures to reduce injuries, loss of life, and damage and destruction of property. WHEREAS, 42 U.S.c. S 5133 provides a process for a local government, through the State, to apply for federal funds for pre-disaster mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, Georgia has applied for and been awarded such funding from the Department of Homeland Security / Federal Emergency Management Agency ("FEMA"), and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by reference. WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond County participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; WHEREAS, AUGUST A, GEORGIA, acting by and through the Augusta- Richmond County Commission, has applied for and been awarded federal funds pursuant Book 01015:1955 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein incorporated by reference; WHEREAS, the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be used only for purposes compatible with open space, recreational, or wetlands management practices; in general, such uses include parks for outdoor recreational activities, nature reserves, unimproved permeable parking lots and other uses consistent with Pre-Disaster Mitigation Grant Guidance for open space acquisition. b. Structures. No new structures or improvements shall be erected on the Property other than: 1. A public facility that is open on all sides and functionally related to the open space use; 11. A public rest room; or 111. A structure that is compatible with the uses described in Paragraph 1 (a), above, and approved by the Director in Book 01015:1956 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 writing prior to the commencement of the construction of the structure. Any structures built on the Property according to this paragraph shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. c. Disaster Assistance. No future disaster assistance from any Federal source for any purpose related to the Property may be sought, nor will such assistance be provided; d. Transfer. The Grantee agrees that it shall convey any interest in the Property only if the Regional Director of FEMA gives prior approval of the transferee in accordance with this paragraph. The Grantee may only convey an interest in the Property to another public entity or to an organization qualified under Section 170(h) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated thereunder. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in Paragraph 1 (a), above, including agriculture, with the prior approval of the Regional Director. If title to the Property is transferred to a public entity other than a qualified state or federal agency with a conservation mission, it must be conveyed subject to a Conservation Easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth herein, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one ofthe following means: 1. The Grantee shall convey, in accordance with section (d), above, a conservation easement to someone other than the title holder, or Book 01015:1957 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 11. At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. 2. Inspection. FEMA, its representatives, and assigns, including Georgia, shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of the grant. 3. Monitoring and Reporting. Every three years on the anniversary date, the Grantee, through Georgia, shall submit to the FEMA Regional Director a report certifying that the Grantee has inspected the subject Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of the grant. 4. Enforcement. If the subject Property is not maintained according to the terms of the grant, the Grantee, Georgia, and FEMA, its representatives, and assigns are responsible for taking measures to bring the Property back into compliance. a. The State will notify the Grantee in writing and advise the Grantee that it has 60 days to correct the violation. b. If the Grantee fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. c. FEMA, its representatives and assigns may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to the following: 1. Requiring transfer of title in accordance with Paragraph 1 (d). The Grantee shall bear the costs of bringing the Property back into compliance with the terms of the grant; or Book 01015:1958 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 11. Bringing an action at law or in equity in a court of competent jurisdiction against the State or the Grantee. 5. Severability. Should any provision of this grant or the application thereof to any person or circumstances be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. WITNESS my hand and seal this 1~ day 0~--;2005. GRANTOR: ti~ Public sta-Richmond County-Georgia ....""^_...""'~."''4 " -.""c:, 1. PLiJ. ~\\ "."....~~ ........ ~-t'^ It. , ~~.... .... ,~ . ~ ~ .. .. ">", , ! ~OTAlir \ ~ ~. -"- . '" " . . ~ ~ :~ ~UB\...\V ! I #A~:..~.o ~o;:,'\/ is; ~~"'L, &.. ~ 7-" . .., '>."..' .'J1'4r-.. .C1c.ca\~ i2.~oo.. A'~'''''' '-'~~ t'.b"1'1 lIo..... ....\ '\ 4P >!';,...,~'.i) (:0\)\"'.:" ", '/~-;;;.:.:.:-~~.... Book 01015:1959 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 WITNESS my hand and official seal this ~ day ~ 2005. SIGNED, SEALED AND DELIVERED .d In the presence of: B.lXtlj LJ ty, ~ Unofficial Witness \. 49~~~.7?J~~" NOtary P lC .,' . ~ug1.i6'tali~\9P~orQ\County-Georgia ~-J: ., ... .}! ;J', ~ ,...., '_, ~:::. --. t I';) I \ \.' '" ," r ,J l J l- \ :- My.Commissi<\h Expires: Notary WbIlC. t:61~'inbl~' County, Georgia My Commission Expires Aug. 1, 2006 GRANTEE: By: As Its ATTEST: Clerk (SEAL) , ~'~(l(\ -~~:..' ~~) ;.:;~( "(r;;atil ..':\ ,~ tJ?s. ;., .r",); ", ~ ~~ ","c:k..~ ;,...."...:..,,\..4 ~. ~ ~ . (J It'.(\Y.2i:\.j.'."~H ~ _ ~ "" ~ ".';.v.,,,.,"":',.,.,,,,,,~ .. ~ ~ Pi ",? ~ ~;\~,1:i~~)F~~~Y~..~.Vf~_ 0 '-l ~ ~t~.o .~~~_. ~ 'I Ji I"A'" of> ~ Y'A."", E.<;T. .. ~ '.... ~ I~~ lfIJo ,;; y~~ ."s.,0800"'.o ;- ~~\ GEORG\~_~ ~'\~~\:L"~'CIO' Book 01015:1960 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta, Georgia 30901 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia V oluntary Acquisition Program Contract For Sale of Real Property THIS AGREEMENT made and entered into the ~ day o~, 2005, by and between C. Preston Tutt, herein designated as "Seller", and Augusta, Georgia (alk/a Augusta- Richmond County), WITNESSETH: WHEREAS, the seller is the owner of certain real property being described as follows: All that lot or parcel of land, with all improvements thereon, situate, lying and being in Richmond County, Georgia, on the Southeast side of Rozella Road, and fronting a distance thereon of Four Hundred Thirty-Five (435) feet and consisting of Tract No.2 containing Two and Fifty-Five Hundredths (2.55) acres, Lot No. 1 of Tract 8 and Lot No.2 of Tract 8; all as shown on a plat of Hollvwood Subdivision recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 16-N, page 216, and specific reference is made to said plat for a more complete and accurate description as to metes, bounds and location. Said property is known and designated under the present system of tax map numbering as Map 70.4. Parcel 13. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1935 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. t Richmond County ~~~~~~~;~~ ~~/~~i2005 12:27: 13.01 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 FEMA 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 $10,514.02, 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 Sub grantee 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 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. Book 01015:1962 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 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 Sub grantee 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. PERMITTED 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 PROPERTY: 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. Book 01015:1963 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 8. INSPECTION OF THE PROPERTY: 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 PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at her 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's obligation under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that he 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. t Richmond County Book 01015:1964 0A:.9Ug/U2~i2005 12:27: 13.01 2005045536 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 equalto 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 after 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, assessment, 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 Sub grantee 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. RELACEMENT 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. Book 01015:1965 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 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 PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver in 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 Sub grantee 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 her 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 of 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. Book 01015:1966 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 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 Sub grantee 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 ofthe Property. 18. APPROVAL OR 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: (1) 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 Book 01015:1967 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 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. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Sub grantee 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 Book 01015:1968 Augusta - Richmond County 2005045536 09/26/2005 12:27: 13.01 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 Sub grantee 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 t Richmond County Book01015:1969 Pl.9Ug/2us6a/2- 005 12"27"13.01 2005045536 0 " . terms of this Contact, 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 Sub grantee governing body, and shall become binding and enforceable against the Subgrantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "1" (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 114 day o~, 2005, the parties hereto agree to the terms contained herein. B: ~ _~.,;,...:",...,A TTEST: ;' ,:a>- P lit>(~\ .,.' ,". ,'. "'3. 1" ". ounty, G~ s 1. L(JAt~ \_~ Cler tr,;!,~'~? . 'Cl""1l -~~:,.'~., ......."'-~ ...... .-.~,. II" ('~ fl .. 'G Vi," ~' ; ~- ..... ......''/-.. .,.. J! ,~;~.l f,s., ,EA.. L.. ':'.1.:.. :.:""."'. ",,:, "'l.~~ , '1 .. . ,- " Ej ,,'(1 iJ ~'i''',,~..J~,J., :'-'::"~~r1 ~ '..{ ~ .. o:'l"A n ..~... t, ~.' 'i~";~..~i{i;\;.;.\';':"'ri ~. Ij " . _"~,, '1',-." r; ,~ ~r"",:,,'i<""K' <> F ~ : ~ r: ~ ~ \;f 'e '>:\i\')~;'!.'!::;;n:it' ..::; ~ ~. --- : ~ ~~~ ,d it . ;,~~.._~",~:;,.t'iY ,.;. :...... ~ ~ : /) \,..: ~ ~\ \;., .....i'<,,.@~~-.: '-I~. .. . 'lIB' ~'J ., ~..1 '*. "ST . it! r" ..t\ .. U '"" .. ~;; ,~IlI. IS~ o. DI ~ ~ ..~ ",^-.. (!i, "1rI.0 0" H f~~. ../>. ~ 12 7-<:J...\ , ",. ~"""eoo.... - \l "J'j .. ov. ..- ,...... ~ .. ~! ~. V^. ......... ...,'\ - -~.. Gl1:0RG\"'-_- .1;, . ''='''f' O' "... - .<t"',,_ ..... .. .'.3) C .v __- "''''1!ll,:~o..~''~ .:'.".'-~::."f,~.i::}::~~ Book 01015:1970 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 Exhibit "1 " BILL OF SA LR I, C. Preston Tutt, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, do hereby sell, convey, assign, transfer and release to Augusta. Georgia (alk/a Augusta-Richmond County), all the Seller's right, title, and interest in all fixtures, improvements, and personal property located on the Property at 1935 Rozella Road, Augusta, Georgia and legally described as: All that lot or parcel of land, with all improvements thereon, situate, lying and being in Richmond County, Georgia, on the Southeast side of Rozella Road, and fronting a distance thereon of Four Hundred Thirty-Five (435) feet and consisting of Tract No.2 containing Two and Fifty-Five Hundredths (2.55) acres, Lot No.1 of Tract 8 and Lot No.2 of Tract 8; all as shown on a plat of Hollywood Subdivision recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 16-N, page 216, and specific reference is made to said plat for a more complete and accurate description as to metes, bounds and location. Said property is known and designated under the present system of tax map numbering as Map 70.4, Parcel 13. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1935 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. Book 01015:1971 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 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. This the ~ day 0~2005. ~~Jwr C. Preston Tutt ~<..:"'~"""'t>",,,\. A';~; PlUN.t \\~ ;- ".f":I :......... l:')--. t' ~v.... .... ". '. II'~" A .., I "j ! O~ Ry \ \ ~ : ~ -.- . ~ ~ \ j:JUB~v j ~~ , .. !\. C!jil ~ ,(. (.' <::><::>.. /If ~~ :2... '/'.o 'l:.. ~~, ","''''' .~o . Nov ,2,'.. :0<.. "" ''f:'~~ ~""~1.~ :'Oce,;,<>>.1,..... )~,.,:' . . t:, .":('"~:\ :; >''t:- [:J q~.b<r'" Book 01015:1972 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECT AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owner of the following described property commonly known as 1935 Rozella Road, Augusta, Georgia, and legally described as: All that lot or parcel of land, with all improvements thereon, situate, lying and being in Richmond County, Georgia, on the Southeast side of Rozella Road, and fronting a distance thereon of Four Hundred Thirty-Five (435) feet and consisting of Tract No.2 containing Two and Fifty-Five Hundredths (2.55) acres, Lot No. 1 of Tract 8 and Lot No.2 of Tract 8; all as shown on a plat of HollyWood Subdivision recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 16-N, page 216, and specific reference is made to said plat for a more complete and accurate description as to metes, bounds and location. Said property is known and designated under the present system of tax map numbering as Map 70.4, Parcel 13. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1935 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Hereby grant to Augusta, Georgia (alk/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. Book 01015:1973 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 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. This the ~ day 0~2005. ~~~ C. Preston Tutt cta.~'~~""~'ll~-,\ ......- 'to PLUJ\,f. \~_ "-.~~........... '/r~\._. # ~' .. ... ,".. " ,. ."1 1 ! ~01Al1r"'~ ~ ~ : ,-- _0- : ~ ~ ~ /)lJ \-\V : ~ '.. ...... .. B (\... ,~, ..~ .~ .. ~ ~'Cl" .... ~ .., ..... ..,() A, 7-~...\- ~ '-:t. ....'.ov, 1'2..... A.'" ...,"T4j; -tle"..- ....\' JIS' -~. Oliff]) {'ou'~-- "rt;t,\~~,"., '0'. ..:':~~!i.-.u,; Book 01015:1974 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, C. Preston Tutt, owner of the Property commonly referred to as 1935 Roazella Road, Augusta, Georgia, hereby state that I 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 I relinquish any further claim thereto. This the ...lk- day 0~005. rUJ~~ C. Preston Tutt .....-""""-""'''''''..Il'\>, --- S 1. PLl./. \\~ ,.:' ~ ......... ~~'^ ~. ._ a. ...,~~ ,.. ~ ";) ..' ... :..>-.. , ~ . ~ . ~ ~ { i ~O,AI:/~ \ ~ "I.: -.- : ~ j; : .b : ~ ~ ~ ~. lIB\)V; ; ~~.~ ~.!1:~ '" C1:...o. ~ ~\:j\:j... (!i, n';;;;:: .. Ov. 12. ~.. ~ "" ~&\~b u~.~.~.... ~ ~ \:.' ,'il;~;Ji CO\)~-- '-.'~ ''':'_-ol.~.~~'''' Book 01015:1975 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 Exhibit "4" DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE I, C. Preston Tutt, am 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 I have received for flood-related damage from the purchase price of my property. I hereby certifY that the following is a true and complete disclosure of flood-related assistance I received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $~- 2. All flood insurance proceeds received after June 20, 2000: $ ,b 3. FEMA Minimal Repairs Assistance: $ ..tJ 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after June 20, 2000: $ $" I authorize the ARC EMA to verify the above Duplication of Benefits information with FEMA and the SBA. This the ~ day O~005. f!.. ~ Jatr Ureston Tutt Witness my hand and official seal __-"''';';~;~~'''''' thi It day 005.:- ~~:..........~-t~'" ...r- ; ~ ..' ... ~ " , ! ~OTAlir \ \ ~. -.- . '.... " . . ~ ~ :.. /)UB\,.\V ! J ,..~ . ~ .. '5<i' I'''.~.. +,(J ~<::J"I.. C!i, V~"'1'_...~ 7-"...\' ~:.)...- J"~ -.'.ov. 12.;..- ill'.... .,', 'If".... .......\ \ - ,:",v'~fr" r-o\)\...._- ,.4 :.:: :'::i$~"b'" Book 01015:1976 Augusta - Richmond County 2005045536 09/26/2005 12:27:13.01 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING I, C. Preston Tutt, am 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 my Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to me by Augusta, Georgia for the acquisition of my property will be used expressly for the purpose of replacement housing. This the ~ day 0~005. efJ~~ c. Jfreston Tutt ,.,..."",,,,,,,a,;,,~~_ --- 1. PLiJ. \,_ _-..~S ........ ~-t'^ -.. ~ ~~ .e .. ,~ ... ... ,,).,.. ,(. .,,~ , ! ~OlAlir \ ~ i. -.- . ~ . . ~ , ~ /)UB\...\V ! ; ,..~.. ~ (\ .. ~itI '" ?o.. .. +,() ~'" .. C!i, '-' '-.:t. .. . ~ 7-"...\' ,& "'TA.... -.. ov. 12.,..- ~,..... -q:..~ ...".. ~"tIIV ~~'hgl\fEJi COU~_-- -; .. ~ '-"'- .c_).-;::tt.. , . Book 01015:1977 Augusta - Richmond County 200504553609/26/2005 12:27:13.01 Exhibit "6" PROPERTY INVENTORY I, C. Preston Tutt, am 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 my Property commonly known as 1935 Rozella Road, Augusta. Georgia for the purpose of inspecting the real property which Augusta, Georgia will acquire, the personal property which I must remove prior to Closing, and any hazardous materials which I 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. This the ---UL day 0~2005. ~P~M- C. Preston Tutt Witness my hand and official seal this \<... day 0 2005. _~"\<i:"";;""""''\ _-- "to PLIJtv. \~~ "" c:, ..........It~~'. , ... ... ').., : ~ ... e.. # it( "'S: OiTAbt_.. ~ 1 : ~ ryr: ~ '," . ,- -.- . I/. " . ,... . ~ ~, \. /)UB\'\~^, j~} #..~ ... <<i-IJ ",,,,.0" C!i, t&.~. .... Nov. 12..;'.. ~~"J 't.~...,~1'..,.#" G:"oi1Q\'lt""- 'f'~ 4D '-~;~, ,t~)af('l' r(t\~' # " . 0'. ~""c..:y <<:;n:o Filed in this office: Augusta - Richmond County 09/26/2005 12:27:13.01 Elaine C. Johnson Clerk of Superior Court J' .', . ",mood count'f usta - Rle B ok 01015',203~~2',27".13.04 ~09/~T,( DEED .i.li"!!!!!~~ 2QO~ . $7.00 "Transfer "Tax. Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta, Georgia 30901 WARRANTY DEED ST ATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this ~ 0~005, between C. PRESTON TUTT, 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 Six Thousand Nine Hundred Six and Fifty-Six Cents ($6,906.56) 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 Second Part, its successors and assigns, the following described property, to wit: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th G.M. District, known and designated as Lot 6, of a plat of Hollywood Subdivision dated October 13, 1947, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made thereto for a more complete and accurate description as to metes, bounds and location of said property. ~ & , Book 01015:2037 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Said property is known under the present tax map numbering system as Parcel 19, Map 70.4. And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2168. TO HAVE AND TO HOLD the said described property, with all singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behalf 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 person 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 hereunto set his hand and seal, the day and year first above written. (!.~ ..wr __ ~?"it~\\utt :_~~S ........ I\t.f:~~. ~. .. ... '" 't , - .. .. " , ~ ~ ... ... ,.>. , , f ~OTAlir \ ~ ~. -.- . '"" " . ^ . ~ ~ :~ -US\-.\V .: J #.~...~,() ~'I"" iff; "t ....it. .. . ~ 7-<:J.. , .' TA ... ov. 12,... .c-4.-- 'b '1<1~ -.11I"'.- ~." 4P -~, ~D cou';:.......- ~ '0" ~\\X;... ~':~J;,::o-::.::,.~fb; SIGNED, SEALED, AND DELIVERED In th presence of. Book 01015:2038 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Exhibit A "Deed Restrictions" WITNESSETH In reference to the property or properties ("Property") conveyed by the Deed between C. PRESTON TUTT participating in the federally-assisted acquisition project ("the Grantor") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"): WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.c. S 5121 et seq., identifies the use of pre-disaster mitigation grants under S 5133, Pre-Disaster Mitigation ("PDM"), to assist States and local governments in implementing cost-effective hazard mitigation measures to reduce injuries, loss of life, and damage and destruction of property. WHEREAS, 42 U.S.C. S 5133 provides a process for a local government, through the State, to apply for federal funds for pre-disaster mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, Georgia has applied for and been awarded such funding from the Department of Homeland Security / Federal Emergency Management Agency ("FEMA"), and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by reference. WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond County participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; WHEREAS, AUGUST A, GEORGIA, acting by and through the Augusta- Richmond County Commission, has applied for and been awarded federal funds pursuant to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein incorporated by reference; WHEREAS, the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Book 01015:2039 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be used only for purposes compatible with open space, recreational, or wetlands management practices; in general, such uses include parks for outdoor recreational activities, nature reserves, unimproved permeable parking lots and other uses consistent with Pre-Disaster Mitigation Grant Guidance for open space acquisition. b. Structures. No new structures or improvements shall be erected on the Property other than: 1. A public facility that is open on all sides and functionally related to the open space use; 11. A public rest room; or 111. A structure that is compatible with the uses described in Paragraph 1 (a), above, and approved by the Director in writing prior to the commencement of the construction of the structure. Any structures built on the Property according to this paragraph shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. Book 01015:2040 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 c. Disaster Assistance. No future disaster assistance from any Federal source for any purpose related to the Property may be sought, nor will such assistance be provided; d. Transfer. The Grantee agrees that it shall convey any interest in the Property only if the Regional Director of FEMA gives prior approval of the transferee in accordance with this paragraph. The Grantee may only convey an interest in the Property to another public entity or to an organization qualified under Section 170(h) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated thereunder. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in Paragraph I (a), above, including agriculture, with the prior approval of the Regional Director. If title to the Property is transferred to a public entity other than a qualified state or federal agency with a conservation mission, it must be conveyed subject to a Conservation Easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth herein, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: 1. The Grantee shall convey, in accordance with section (d), above, a conservation easement to someone other than the title holder, or 11. At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. 2. Inspection. FEMA, its representatives, and assigns, including Georgia, shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of the grant. Book 01015:2041 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 3. Monitoring and Reporting. Every three years on the anniversary date, the Grantee, through Georgia, shall submit to the FEMA Regional Director a report certifying that the Grantee has inspected the subject Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of the grant. 4. Enforcement. If the subject Property is not maintained according to the terms of the grant, the Grantee, Georgia, and FEMA, its representatives, and assigns are responsible for taking measures to bring the Property back into compliance. a. The State will notify the Grantee in writing and advise the Grantee that it has 60 days to correct the violation. b. If the Grantee fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. c. FEMA, its representatives and assigns may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to the following: 1. Requiring transfer of title in accordance with Paragraph 1 (d). The Grantee shall bear the costs of bringing the Property back into compliance with the terms of the grant; or 11. Bringing an action at law or in equity in a court of competent jurisdiction against the State or the Grantee. 5. Severability. Should any provision of this grant or the application thereof to any person or circumstances be found to be invalid or unenforceable, Book 01015:2042 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. WITNESS my hand and seal this 1-Lday o~ 2005. GRANTOR: SIGNED, SEALED AND DELIVERD In the presence of: (lJ~~ Unofficial Witness (!..fJ~~ Grantor - C. Preston Tutt k~~"''''!<' .'21 "{. PLiJ. . '1\ . _t...~ ........ '\f~~h "" ~~ .. _. ""'..ol, V.Il , _ .. "0 '.).. v.. ~ ")f ... 0.. ,>. '; , f ~OTA~r \ t. ~: -.- . ~ ~ . ^ . ~ ~ .~ ""US' \V ! " ,..~ ..<.": '- .. y: ",,?-, . +,0 ","'.. C!i, '.to '-J(. o. . ~ 7-<:J.. "" 'f~ - ~ .....~~,,1J.'~&. .~4.~ ~~{,pl',fJ.) CO~~_....- -"\\'Y:.:::: -:::.. ....,y;~-;,,~lJ.'> Book 01015:2043 Augusta - Richmond County 2005045539 09/26/2005 12:27:13.04 WITNESS my hand and official seal this k day ~2005. SIGNED, SEALED AND DELIVERED ~ In the presence of: ~d;(J-f LAJ ~ ~ Unofficial Witness . 7?o~ dJ ~t?n~: Notary blic Augusta- Richmond County-Georgia My Commission Expires: Notary publle. Columbia County, Georgia My Commission Expires Aug. 1,2006 GRANTEE: ATTEST: Clerk (SEAL) l.: ',j ~ .~ , 3,~{; --r~~ ;~~ i'{ (; a-~ .... -.J,. '~ .. .';) ~ . 40;": "'.~'" il,. ;.-:- ~ c ':;'\~.j'il~ j .'-,.' }.... 'I ~ '.;j Pc' ".. (t,^~,~,l."', ::!.;:;::,~.~ ... ~ '1 ~ ;, { ~~~lrY~~;~[1\~1 ~ ~ ~ !'1 t... ~ ~J..I>_' ~' ih\. ! '.::' t)...... it r~ ~Iro ~ ...~t ~;.q._.. ~ ~ i1! ~. 6~ EST. .... if ~, .... 1;'\>6 o. D -'I,,, .0_ \'iI~ ~"Oo.,.......o ,;- ~~l:' GEORG\~__-- Q\4.~~~'lil.'~ Book 01015:2044 Augusta - Richmond County 2005045539 09/26/2005 12:27:13.04 Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta. Georgia 30901 CONTRACT FOR SALE OF REAL PROPERTY Augusta-Richmond County, Georgia V oluntary Acquisition Program Contract For Sale of Real Property THIS AGREEMENT made and entered into the k day o~, 2005, by and between C. Preston Tutt, herein designated as "Seller", and Augusta, Georgia (alk/a Augusta- Richmond County), WITNESSETH: WHEREAS, the seller is the owner of certain real property being described as follows: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th G .M. District, known and designated as Lot 6, of a plat of Hollywood Subdivision dated October 13, 1947, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made thereto for a more complete and accurate description as to metes, bounds and location of said property. Said property is known under the present tax map numbering system as Map 70.4, Parcel 19. And being the same property conveyed to C. Preston Tutt by Sherriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2168. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Book 01015:2045 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 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 FEMA 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 $6,906.56, 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 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. Book 01015:2046 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 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 Sub grantee, (hereinafter referred to as the "Closing Date") the Seller shall have completed its obligations under Paragraph 8, and the Seller shall execute to the Sub grantee 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. PERMITTED 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 PROPERTY: 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. Book 01015:2047 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 8. INSPECTION OF THE PROPERTY: 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. REMOV AL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at her 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 Sub grantee may use a portion of the Purchase Price to satisfy Seller's obligation under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that he and all other current occupants vacate the Property prior to the Closing Date. 10. APPLICATION OF PURCHASE PRICE, DEDUCTIONS, FOR FLOOD ASSIST ANCE 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. Book 01015:2048 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 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 after 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, assessment, 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 Sub grantee shall prepare and deliver to Seller, a document setting forth the deductions from the Purchase Price required by FEMA. 11. RELACEMENT 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. Book 01015:2049 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 12. INSURANCE: Seller agrees to maintain and keep III force and effect all existing property and liability insurance until the Closing Date. 13. MAINTENANCE OF THE PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver in intact at the time possession to the Sub grantee is given. All risk of loss or damage to the Property is on Seller until the Sub grantee 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 Sub grantee 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 her 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 of 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. Book 01015:2050 Augusta - Richmond County 2005045539 09/26/2005 12:27:13.04 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 OR 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: (1) 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, Book 01015:2051 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 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 Book 01015:2052 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 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. B. Environmental Indemnification: The Seller agrees to indemnify and hold harmless the Sub grantee 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. Book 01015:2053 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 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 Sub grantee 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 Contact, and the Sub grantee 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 APPRO V AL: This Contract is subject to approval of the Subgrantee governing body, and shall become binding and enforceable against the Sub grantee only after approval by the Subgrantee's governing body. 25. EXHIBITS: Exhibit "1" (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. Book 01015:2054 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 IN WITNESS WHEREOF, this the 1 ~day o~~ 2005, the parties hereto agree to the terms contained herein. ota Publi Richrri nd County, GA Commission Expires: _~'...~ _....~~="'..'It ----s T. PLl/. "" - _...~ ........ ~~ ~~ '" _~. .. .. "'^ Vt ;- ")r ... ... ,~ '. '" .. O~A .. .A '; ~ f ~ 'I, ~J.. \ ~ ~. -.- . ~ f. : AI. C : ~ ~~\~ vBL~ i J f~ ~..:.o -t, c'\J"\... (;t, ,~, {t;,; ....OV, 12.. ~... ~ ~ '!;'k,'Ofte_,*o"e.. ...\-< ~ ..,,'p f'O')\'" '- <-, .,,~~::;,~'S~~~..... By: SELLER: qj?~~ C. reston Tutt Book 01015:2055 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Exhibit" 1" BILL OF SALE I, C. Preston Tutt, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, do 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 1953 Rozella Road, Augusta, Georgia and legally described as: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th G.M. District, known and designated as Lot 6, ofa plat of Hollvwood Subdivision dated October 13,1947, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made thereto for a more complete and accurate description as to metes, bounds and location of said property. Said property is known under the present tax map numbering system as Parcel 19, Map 70.4. And being the same property conveyed to C. Preston Tutt by Sherriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2168 Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1953 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. Book 01015:2056 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 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. This the \ (" day of ~05. (!\fJ~JJr C. Preston Tutt ~~'";?i:-i4~\{~\.t;Vt'\. "","'" . "''<\ -.'21 1. PLlJjI<'~ , ~t:...eoo*ilQ..:~if-~ -.. , ";) .. .0 ~., f / ~OTAlir \ ~ ~. -.- . '.. . . ~ ~ \ ~UB\...\V ! 1 #f%...~.o <:J'I/ ($; ,l, ,.;(,... JI~ 1" 7-<:J...\ ., ~;~~;~t. .:atl~~~;.O"~ \~--..~ . . . O~'!r,"I, CO'.J~-. ,j~~~'0;."!:--~ Book 01015:2057 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECT AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owner of the following described property commonly known as 1953 Rozella Road, Augusta, Georgia, and legally described as: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th G.M. District, known and designated as Lot 6, of a plat of Hollywood Subdivision dated October 13, 1947 , and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made thereto for a more complete and accurate description as to metes, bounds and location of said property. Said property is known under the present tax map numbering system as Parcel 19 , Map 70.4. And being the same property conveyed to C. Preston Tutt by Sherriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2168. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1953 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said propertv. 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 Book 01015:2058 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 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. This the \.k day ~ 2005. e.p~ C. Preston Tutt ~,;",:"'i-;-'Q:"~,\\~ " ..,;,,'*-"". 1. PLiJ. '\\_ __~~S ........ ~"""'^ _~. 4lT~" .Ill _. "'.(,~ " ~ no .. .. :;..., ;: 'J .e- ... ,. , ~ f ~O'TAlir \ \ ~. -.- . '.j r. · . ~ ~ \ /:)US\..\V J ; @~1l. . 1': !\ . ~jI 'l~~'11vccG;:~ I '1.-\:)'\:1..- (!j~ "':' ~.';'\./~ "'~~/\,ov, 12, ..- ,,~... ;"/(';;;':'\: (J~_,~~.... ....\~ ~ " t;:O\}'''- .1'-:::"5-?:'~'" Book 01015:2059 Augusta - Richmond County 2005045539 09/26/2005 12:27: 13.04 Exhibit "3" CERTIFICATE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, C. Preston Tutt, owner of the Property commonly referred to as 1953 Roazella Road, Augusta. Georgia, hereby state that I 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 I relinquish any further claim thereto. ThiSthe~daYO~005. {p._D J.u;tJ- g~ Witness my h~ ~~ <:!~~~al seal this H....- day o~. ~"'~""""''- ,.. PL(J~, ,_ ........ Irf~~ _. ill' .... .... ,~ ., ; ~... ... .A , f i ~OTAIi~": \ 1. -.- . '" r. · . ~ ~ ~ AUB' ,!\V ! ~ ~~..~ """ .!('I ~.1 ~ .. .+1) ~(l'\... C!i, '~";,...~ 0 ~".._\ AI \l;l. .'"Y..".:I:.~ :ilCG 011. 1....'e.. A-"''-I' ': ,--~';~f'.i' ,.;~~",,,,. ~' ., '. ..,';} ,~(}~.;;",,--- I Book 01015:2060 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 Exhibit" 4" DISCLOSURE AND CERTIFICATION OF FLOOD ASSISTANCE I, C. Preston Tutt, am a voluntary participant in the County of Augusta-Richmond V oluntaly 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 I have received for flood-related damage from the purchase price of my property. I hereby certifY that the following is a true and complete disclosure of flood-related assistance I received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ 8' 2. All flood insurance proceeds received after June 20, 2000: $ -e-- 3. FEMAMinimal Repairs Assistance: $ ..G' 4. Outstanding balance on any Small Business Administration (SBA) real estate repair and replacement disaster loans received after June 20, 2000: $ .fr I authorize the ARC EMA to verifY the above Duplication of Benefits information with FEMA and the SBA Thisth~ day~2005._~",~ Jdr ;"'" s or. PLiJ. \\~ N _~'f(; ........ ~.if-,^ -. ;' ~-.... ... ,~. ~ ~... ... ,.>.'~ I ! ~OTA~r \ \ ~: -.- . ~ ~ \ iOUB\...\v j J ~~"~ e..~.), (\.. ~ i' 1ft ...}.~. ."~ Ii ^I:JI:J.. C!i, \-t.,: "...'.n.,".i. :)te~Ov. 12,.'a..A4,...~ ", .'.."?~f" . .....(jIO$IIf'... 1lro...\" JIll' ., . ;2,-,,,,'l r::O\}'-'-- , ':~oJ _~~~f.,~'" :\ , Book 01015:2061 Augusta - Richmond County 2005045539 09/26/2005 12:27:13.04 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING I, C. Preston Tutt, am 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 my Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to me by Augusta, Georgia for the acquisition of my property will be used expressly for the purpose of replacement housing. This the ~ day ~005. ~~ C. Preston Tutt :"_..<,,"'~"'<l,,, 4ct~>-\. PLlJ~\'" ps~'. fi,'::) ......... '/r.t:\.... .M(.- -. ',,,; " ,. - .. .. ;>.. ~ ~ o. e. ~ ! ! ~p\Alir \ ~ ~: -.- : ~ ~~.' ~ /)UB\ ,G ! ~ ~,. "",'. ~ j; "J ~ e. ~\ (\ .- C!j, . '?'1':'<>:;'~.S ~Ll-l,tJ ~f;j~.-.., -'.'.."~..' r."../vo'112,... ~~,.., .'/;\,;_,U;';~0"'olI~ ~,~ ,'''':'!:\) ~ .' ',X~ ~ Book 01015:2062 Augusta - Richmond County 200504553909/26/2005 12:27:13.04 . r Exhibit "6" PROPERTY INVENTORY I, C. Preston Tutt, am 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 my Property commonly known as 1953 Rozella Road, Augusta. Georgia for the purpose of inspecting the real property which Augusta, Georgia will acquire, the personal property which I must remove prior to Closing, and any hazardous materials which I 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. This the ~ day ~05. ~~Jurr ~'fti.'4T");"~:,\:,\~',,( _-.:s . i. Pl.~"h - -,,"" ........ ~.L."~ I' b.'/(O' .0 ". .,'^ ". ; ')" ... ... '\~ , " .. it .. ,.>. # ~ ! ~O A ~,_ \ ~ ~. rr~. ~ ~: -.- . ~ ~ ~ A, . : ~ ,.~ ~ ~ vBL\C .: 1. ',. C'\ ... ~ (\ ... "f(' ~ ~,~ ..~ 'Vo, 12 ?-cP'.. (j ~ '.:'" -..!,.t}: Go II. '... _, .. :., "?t'l"j:" .~,,~.. :"\~....... .Yr rf"'U~ _- .<' - ~~-':~5:~" Filed in this office: Augusta - Richmond County ~/2~2005 12:27:13.0~ - Elaine C. Johnson Clerk of Superior Court . . =~A~:~25:1925 Augusta - Riehmond County ~ 09/26/200512'27'1300 $2.10 WARRANTY DEED' . 1111111111111111111111 I1111 11111 11111 I11I1 11111 111I1 11111111 T2005045535 Augusta. Richmond County ransfer Tax: $2.10 Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta. Georgia 30901 WARRANTY DEED STATE OF GEORGIA COUNTY OF RICHMOND THIS INDENTURE, made and entered into this l(,o~ 2005, between C. PRESTON TUTT, 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 Two Thousand Sixteen and Sixty-Two Cents ($2,016.62) 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 Second Part, its successors and assigns, the following described property, to wit: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th D.G.M., on the South side of Rozella Road, said property being known and designated as Lot 8, Tract 8, of Hollywood Subdivision, as shown on a plat of said subdivision, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference I ' Au usta - Richmond County BOOk01015:19256 09g/26/2005 12:27:13.00 200504553 being made to said plat for a more complete and accurate description of said property. Said property is known as 1957 Rozella Road and is known under the present system oftax map numbering as Map 70.4, Parcel 21. And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2166. TO HAVE AND TO HOLD the said described property, with all singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behalf 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 person 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 hereunto set his hand and seal, the day and year first above written. --B ~. ~ Jutr C. Preston Tutt SIGNED, SEALED, AND DELIVERED In t e presence of. .....""'...'1>........"",,, "",- 1. PL(J~ '\ ~~~:........... ~~ --. , - .. ... :.>-~ '.. , ~ .. . ,. " ! ! ~OTAlir \ \ ~: -.- : ~ ~ :.. /)UB\...\V j ;. ,.. ~ . ~ (\ .. ,"f! it! "'" ?o.. .. +,0 ~<;:). v' "" .....:t. .. . ~ 0 7-"'.. _\ , ,~. ~ ....~~.1;-..... ~"'~ ~~\)PI\JD co\J':\_-- ""~'\}~~\::5~...:~'w~~~ , ' Book 01015:1927 Augusta - Richmond County 200504553509/26/2005 12:27:13:00 Exhibit A "Deed Restrictions" WITNESSETH In reference to the property or properties ("Property") conveyed by the Deed between C. PRESTON TUTT participating in the federally-assisted acquisition project ("the Grantor") and AUGUST A, GEORGIA, a political subdivision of the State of Georgia, its successors and assigns ("the Grantee"): WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, (liThe Stafford Act"), 42 U.S.C. S 5121 et seq., identifies the use of pre-disaster mitigation grants under S 5133, Pre-Disaster Mitigation ("PDM"), to assist States and local governments in implementing cost-effective hazard mitigation measures to reduce injuries, loss of life, and damage and destruction of property. WHEREAS, 42 U.S.C. S 5133 provides a process for a local government, through the State, to apply for federal funds for pre-disaster mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, Georgia has applied for and been awarded such funding from the Department of Homeland Security / Federal Emergency Management Agency ("FEMA"), and has entered into a FEMA-State Pre-Disaster Mitigation Competitive Grant Agreement ("Grant Agreement"), dated April 27, 2004, and herein incorporated by reference. WHEREAS, the Property is located in Augusta, Georgia, Augusta-Richmond County participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; WHEREAS, AUGUSTA, GEORGIA, acting by and through the Augusta- Richmond County Commission, has applied for and been awarded federal funds pursuant Book 01015:1928 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 , ' to an agreement with Georgia dated April 27, 2004 ("State-Local Agreement") and herein incorporated by reference; WHEREAS, the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434( e), the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Stafford Act, Federal program requirements consistent with 44 C.F.R. 206.434(e), the Grant Agreement, and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be used only for purposes compatible with open space, recreational, or wetlands management practices; in general, such uses include parks for outdoor recreational activities, nature reserves, unimproved permeable parking lots and other uses consistent with Pre-Disaster Mitigation Grant Guidance for open space acquisition. b. Structures. No new structures or improvements shall be erected on the Property other than: 1. A public facility that is open on all sides and functionally related to the open space use; 11. A public rest room; or 111. A structure that is compatible with the uses described in Paragraph 1 (a), above, and approved by the Director in Book 01015:1929 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 writing prior to the commencement of the construction of the structure. Any structures built on the Property according to this paragraph shall be floodproofed or elevated to the Base Flood Elevation plus one foot of freeboard. c. Disaster Assistance. No future disaster assistance from any Federal source for any purpose related to the Property may be sought, nor will such assistance be provided; d. Transfer. The Grantee agrees that it shall convey any interest in the Property only if the Regional Director of FEMA gives prior approval of the transferee in accordance with this paragraph. The Grantee may only convey an interest in the Property to another public entity or to an organization qualified under Section 170(h) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated thereunder. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in Paragraph 1 (a), above, including agriculture, with the prior approval of the Regional Director. If title to the Property is transferred to a public entity other than a qualified state or federal agency with a conservation mission, it must be conveyed subject to a Conservation Easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth herein, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: 1. The Grantee shall convey, in accordance with section (d), above, a conservation easement to someone other than the title holder, or Book 01015:1930 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 . ' 11. At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. 2. Inspection. FEMA, its representatives, and assigns, including Georgia, shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of the grant. 3. Monitoring and Reporting. Every three years on the anniversary date, the Grantee, through Georgia, shall submit to the FEMA Regional Director a report certifying that the Grantee has inspected the subject Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of the grant. 4. Enforcement. If the subject Property is not maintained according to the terms of the grant, the Grantee, Georgia, and FEMA, its representatives, and assigns are responsible for taking measures to bring the Property back into compliance. a. The State will notify the Grantee in writing and advise the Grantee that it has 60 days to correct the violation. b. If the Grantee fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. c. FEMA, its representatives and assigns may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to the following: 1. Requiring transfer of title in accordance with Paragraph l(d). The Grantee shall bear the costs of bringing the Property back into compliance with the terms of the grant; or Book 01015:1931 Augusta - Richmond County- --- 2005045535 09/26/2005 12:27:13.00 11. Bringing an action at law or in equity in a court of competent jurisdiction against the State or the Grantee. 5. Severability. Should any provision of this grant or the application thereof to any person or circumstances be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. WITNESS my hand and seal this llday 0&tJ~005. GRANTOR: (!,-R~ Grantor - C. Preston Tutt SIGNED, SEALED AND DELIVERD In the presence of: _"~''''';:l\..",,t.,\ ----:~s "T. Pl.", ':;If.~ I-.....~ ........ \1IL ~~ "" ,,._ ._ tie. .,.... .. ~~.... . ... ~', 'jI : ---'OTA..t'l. "',..\'; ~ ; ,.... 7)-.: ~ ~ : A -.- : ~ ~ ~ \ ~ lISUC ; 1 ~;,(1.~ .0 ; 'f~_~ 0..~;l...o [)[)'I... ,11;, .<\ '."' .:~.. .. ~ 12,2... _, 'V'. "';'~:~,,~(...,t~^- ,toc,..@... ~,..# . f~) f^'OU~ \ _- "'''"'':_:'Ji:~~in..~~ Book 01015:1932 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 WITNESS my hand and official seal this ~ day ~2005. SIGNED, SEALED AND DELIVERED In the presence of: re.L!t~ {,{) f1\~1; Unofficial Witness 1JtU~ J Yn~~ Notary(] lic Augusta- Richmond County-Georgia My Commission Expires: Notary Public, Columbia County, Georgia My Commission Expires Aug. 1,2006 ~~ GRANTEE: ATTEST: Clerk .~ ~~".:'l (J.' f! $' .."," ..,- "".. I..t. f~ (SEAL) /I ~:;" ,~~'. d- "q,~~ '\ .~. ~ ~ .. ~;{'"". .,..b';:h;;,:~ '& ~ ~ ~! .,' I; Jt~j:;~J~'~~~~~ =:.. ~ ~ r- _ .. ~1J:;~, '':"..,'...\.( I'L , ~ it ~...,. ~,'.:..iY.ii~_:-.:::; it \ -.. EST. .. ill ...... 1m .-111II .. l1!':1 ~~ .....eO .#' ~:'. "b...~eORG~._- ~~.. ....-.....,"'~-..., ~~~, . ~ Book 01015:1933 Augusta - Richmond County 2005045535 09/26/2005 12:27:13.00 Return to: County Attorney's Office 701 Greene St., Suite 104 Augusta, Georgia 30901 CONTRACT FOR SALE OF REAL PROPERTY AUgUsta-RicLond County, Georgia V oluntary Acquisition Program I Contract FOl Sale of Real Property THIS AGREEMENT made and entered into the ~ day o~ 2005, by and between C. Preston Tutt, herein designated a~ "Seller", and Augusta, Georgia (alk/a Augusta- Richmond County), I WIrESSETH: WHEREAS, the seller is the owner of certain real property being described as follows: I All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, ill the 119th D.G.M., on the South side of Rozella Road, said property being known and designated as Lot 8, Tract 8, of Hollvwood Subdivision, as shown on a plat of said subdivision, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made to said plat for a more complete and accurate description of said property. I Said property is known as 1957 Rozella Road and is known under the present system of tax map numbering as Map 70.4, Parcel 21. I And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2166. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in saId Clerk's Office which might be applicable to said property. Book 01015:1934 Augusta - Richmond County 2005045535 09/26/2005 12:27: 13.00 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 FEMA 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 $2,016.62, payable on the Closing Date, which sum shall be reduced by any amounts paid by the Sub grantee 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 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. Book 01015:1935 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 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. PERMITTED 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 PROPERTY: 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 Sub grantee shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter. Book 01015:1936 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 8. INSPECTION OF THE PROPERTY: 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 Sub grantee's interest under this Contract. REMOVAL OF PERSONAL PROPERTY AND DEBRIS: Prior to the Closing Date, Seller at her 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's obligation under this paragraph. 9. NO HOLDOVER PERIOD FOR OCCUPANTS: Seller shall ensure that he 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 Sub grantee. Book 01015:1937 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 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 after 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, assessment, 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. RELACEMENT 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. Book 01015:1938 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 12. INSURANCE: Seller agrees to maintain and keep III force and effect all existing property and liability insurance until the Closing Date. 13. MAINTENANCE OF THE PROPERTY: The Seller agrees that the Property shall be preserved in its present condition, and Seller shall deliver in 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 Sub grantee, 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 Sub grantee 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 her 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 of 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. Book 01015:1939 Augusta - Richmond ~o~nty - 200504553509/26/2005 12:27:13.00 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. APPROV AL OR 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: (1) 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, Book 01015:1940 Augusta - Richmond County 2005045535 09/26/2005 12:27: 13.00 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 Sub grantee 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 Book 01015:1941 Augusta - Richmond County 2005045535 09/26/2005 12:27: 13.00 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. 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 Sub grantee 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 Sub grantee 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. Book 01015:1942 Augusta - Richmond County 2005045535 09/26/2005 12:27:13.00 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 Contact, and the Sub grantee 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 "1" (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. Book 01015:1943 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 IN WITNESS WHEREOF, this the I L, day Of~ 2005, the parties hereto agree to the terms contained herein. Srv n~ ~-;. ~ ......~..L.:;;......,t"l \:JlCit: ..-'~ ~ t..~, '",,~. ~...; \/ . i\.6~tJ*~fI!I_ ... ('""_. .~~ ;f -:..f" ,,"SEAL) ""'''0 ~"\ 0/ ;o;~, .'. \ " "P Ii ~~) ~~ ~":l "..\ " ~~ ~. ~ ~ ~ . .: ., J ~"t> t L. ~.l \'1 ...., :: ' t., t;. '" ~ .. 'J.!.< f\ ... ~. "1: ~~ '\. t:;'!;t. .:; ~ ...._ ll$!; o. d ~. ~....aO.. ~ ~h~~~ORG~ ~-- ~\..~'""''"'~ No ry Pu i ichmond County, GA Y Commission Expires' ..'1>""''''",.....,'1;:'''", . .."." ,.. PLiJ.'\ ,~~ ........ I\I-t'^ -_. '" '.' -. ",'.Jrr.. '!ir' .. o. ,..~, ~ ";) .0 .. ,. , , ! ~OTAlir \ \ ~. -.- ."1. " . . ~ ~ :~ /)UB\...\V j ; ,..~.~ !\.'!5!(, "" ?, .. +,0 ~I:l.. C!i, "''' "'.:t. .. . ~ 7-"...\' ,,' ~ ...oc:.~.11~... ~'~ ~~~Ri\(D cou~_-- ~.. ~)~,..",,:, .;~_.,:._:_"\,:_;f!."{,."ffi; Book 01015:1944 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 Exhibit" 1 " BILL OF SALE I, C. Preston Tutt, the hereinafter "Seller," for good and valuable consideration, receipt of which is hereby acknowledged, do hereby sell, convey, assign, transfer and release to Augusta. Georgia (a/kIa Augusta-Richmond County), all the Seller's right, title, and interest in all fixtures, improvements, and personal property located on the Property at 1957 Rozella Road, Augusta, Georgia and legally described as: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th D.G.M., on the South side of Rozella Road, said property being known and designated as Lot 8, Tract 8, of Hollywood Subdivision, as shown on a plat of said subdivision, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made to said plat for a more complete and accurate description of said property. Said property is known as 1957 Rozella Road and is known under the present system of tax map numbering as Map 70.4, Parcel 21. And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2166. Said property is known under the present system of house-numbering in use in the City of Augusta-Richmond County, Georgia, as 1957 Rozella Road. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. Free and clear of all liens, encumbrances, reservations, exceptions, and modifications. Book 01015:1945 Augusta - Richmond County 2005045535 09/26/2005 12:27:13.00 F or 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. This the )(., day 0~005. dJ~~ C. Preston Tutt ,..;""''''''"''''"~'.:.'''' \ -~ €I 1. PLUM \, -~~ ......... '/rA _. ,.. .. ,~ , ;III _ .. .. ,.>... ..' ~ .. .. "~ f f ~O\Al1r": ~ ~: -.- : ~ ~ \. /.>UBUV i:9:1 f~~, .. ~ ~<;:,".. C!i, '" VI"\ . b 7-" . , 1r,~...~.G..~ lVov, 12.,.... A~''''' '.".'_.!!.##"" C<:'<l/t.II,,\1. ~,~ "/'."") f~O\' ~ '.t. .-:;:,~:~~. Book 01015:1946 Augusta - Richmond County . 200504553509/26/2005 12:27:13.00 Exhibit "2" SUBGRANTEE'S RIGHT TO ENTER AND INSPECT AND NOTICE OF INTENT TO TAKE SOIL BORING AND GROUND WATER SAMPLES The undersigned owner of the following described property commonly known as 1957 Rozella Road, Augusta, Georgia, and legally described as: All that lot or parcel of land, with all improvements thereon, situated, lying and being in Richmond County, Georgia, in the 119th D.G.M., on the South side of Rozella Road, said property being known and designated as Lot 8, Tract 8, of Hollvwood Subdivision, as shown on a plat of said subdivision, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 16N, page 216, reference being made to said plat for a more complete and accurate description of said property. Said property is known as 1957 Rozella Road and is known under the present system of tax map numbering as Map 70.4, Parcel 21. And being the same property conveyed to C. Preston Tutt by Sheriffs Tax Deed dated February 2, 1983, and recorded in said Clerk's Office on Realty Reel 160, page 2166. This conveyance is made subiect to any Protective Covenants and/or other restrictions or easement of record in said Clerk's Office which might be applicable to said property. 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. Book 01015:1947 Augusta - Richmond County 2005045535 09/26/2005 12:27:13.00 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. This the ~ day o~ 2005. dJ~~~ _~<t;~~"..'I\". ---. 1 PLiJ. \\\ ;:~s ..:..... ~-t'^ -_. "~~ .- -. ,...)1. , _ o. ... r~ '.. , ~ .. . ,. " I ! ~OlAlir \ ~ ~: _0- : ~ ~ ~ /)UB\...\V : ; ,.. ~ ... ~ !\ ... ,"'f! ill ""?,, . +,(J \:II;). '\WI , 'l '-.:t. .. . ~ 2 '2' .. _\ * ._...~ ....~~.~.... ~'~ ~~~>?!\fD co\)~--- ....:\'i\.,~_., ..,:::>.:;'t~-<;,-;Jf> .. Book 01015:1948 Augusta - Richmond County 2005045535 09/26/2005 12:27: 13.00 Exhibit "3" CERTIFICAlE OF REMOVAL OF PERSONAL PROPERTY AND DEBRIS I, C. Preston Tutt, owner of the Property commonly referred to as 1957 Roazella Road, Augusta, Georgia, hereby state that I 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 I relinquish any further claim thereto. This the k day 0~2005. ~~JuP Witness my ~fiCial seal this $, day 005. _~'Q'$,~""\);ft\ ... - 1'. P'tiJ. "\ :- _~~S ........ ~-t'^ -_ ~ ~-.... ... ,~. ~ ~... ... ,.>.'~ , :. _,OTA~L." ~ ~ . ,.... 'Tr; ~ ;l!: _0- . ~ ~ ~ /)U \V i ~ '~~ ~ ... ~ Bl.: l !(; ";:;?" .+,(J "," . C!i, i.\:l ~"';." "1;. 1\, ",0 .- _ ,., ...., ? 0" 1" ~ . _\ - "~' ..:r.rJ.., f.'.".... v. &.".- A"fl..I " ,,'.I;l1'~'..."'''08''~.. ..\' ., . ,!:. : 'I: r~()\)\"'-- "-'~,"".'fih-~ '~J"o).'" Book 01015:1949 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 Exhibit" 4" DISCLOSURE AND CERTIFICA nON OF FLOOD ASSISTANCE I, C. Preston Tutt, am 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 I have received for flood-related damage from the purchase price of my property. I hereby certifY that the following is a true and complete disclosure of flood-related assistance I received in the following categories: 1. FEMA Individual and Family Grant Program assistance for repairs to the Property: $ ..a- 2. All flood insurance proceeds received after June 20, 2000: $ ,fJ' 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: $ ...B' I authorize the ARC EMA to verifY the above Duplication of Benefits information with FEMA and the SBA This the ~ day o~005. ~ _....W'!l""''t;~'Il, ~- S 1. PLiJ."_ :_t..~ ......... ~"c....t\ ,. , ~..- -. "'l(,~ 't ~ ~... ... :;>.~, ~ . :'I" . ..... , ( f ~O,AIij, \ ~ i!: -0- : ~ ~ : ~ : ~ .~ ~ ~. lIB\...\V': J ~~ -:~ ..~.o ",,'I.. ,'!rj! ,~ 'C.~. ~. . A. n<:J.. '\J _ "'."fl ..'.OV, 12.. "...\ , ~-;_~.c:;b Q1,~...fjl... :,,\'f\.' ':',:..l..,.I.\f{l) ,~O'~~ ~ , . ,~. ~d U~... .._<':t~~ Book 01015:1950 Augusta - Richmond County 2005045535 09/26/2005 12:27:13.00 Exhibit "5" CERTIFICATION TO USE FUNDS FOR REPLACEMENT HOUSING I, C. Preston Tutt, am 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 my Property under this program must be used expressly for the purpose of replacement housing. I hereby represent and warrant that the funds provided to me by Augusta, Georgia for the acquisition of my property will be used expressly for the purpose of replacement housing. This the Jk. day ~2005. dJ A-~t;:Je,utr C. Preston Tutt Witness my hand and official seal this ~ day 0 05. ....~~~\;:~'\-k:\,'i 'R," ..-. . '*-.!o~ -- S 1. PLlJ~ \~ :-~~ ........ ~'^~. " ~...... ... "~ . , ~... ... ')0.', [ f ~OTA!:ir"\ ~ 'I.. -.- . ~ ~ ~ A'lJ 'v ; ~ , ~ .. B\...\.., I.. ~ ..~,o <::J'\... i7~ ,,~ 'A.. .... ~ 7.\)..- AT U" 'A_ .... 011. 12-,... ....~,... 'i'~ "~l"t, .~Ii>...Q.' ;,., ~.,.~};;{f>, ~..,...,}~ - '," .-' -." '.-' l;.,..'I'.r!!~..,:~1.Jf- Book 01015:1951 Augusta - Richmond County 200504553509/26/2005 12:27:13.00 Exhibit "6" PROPERTY INVENTORY I, C. Preston Tutt, am 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 my Property commonly known as 1957 Rozella Road, Augusta. Georgia for the purpose of inspecting the real property which Augusta, Georgia will acquire, the personal property which I must remove prior to Closing, and any hazardous materials which I 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. This the k day 0~2005. dJ~~ C. Preston Tutt <i:",<;'i'-'i""~.l!.~ ."":~:> . \. P'lUN, \\., ff...tpt::J........... '/r~}_ P' ~- .. ... ,-.. " ""!t'. ."~ 1 "'S /" ~o1AJ:iy \ ~ ~ :'~ _0- . ~ ~:J:> (j: ~ ~. .... lJB\..~ t\":!/:} f$~ . ~ t;:)~.. C!i, '€, {'~~. .~('llJ. A/" 12 '1,:11- 4-.~.... 'I'''~(~' ~.~. ~.v. '.- :'\ ., , .... ,"'.:.>~'~.;:9~~--- Filed in this office: Augusta - Richmond County 09~26/2005 12:27:13.00 ElaineC~ Johnson --- ~ - ~ - - - - Clerk of Superior Court