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HomeMy WebLinkAboutPHILLIP B. BRYAN LIMITIED WARRANTY DEED - - Book 00991 :2190 Augusta - 'Richmortd County 2005026307 OS/20/200515:42:33.00 $20.00 WARRANTY DEED 11111/1 11111 1111I1111111111 11111 1111111111 1111I1111I11111111 2005026307 Augusta - Richmond County Return to: County Attorney Office 701 Greene St., Suite 104 Augusta, Georgia 30901 LIMITED WARRANTY DEED STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) THIS INDENTURE, Made this \""".::> day of ~ye'\L ,2005 between PHILLIP B. BRYAN, as party of the first part, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party of the second part, WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, in hand paid, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the following described property, to wit: See Exhibit A, hereto attached and by reference made a part hereof. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns, forever, in fee simple. " '$ ~o " rv-v---SJ. (S" :-0. Book 00991 :2191 Augusta - Richmond County 2005026307 OS/20/2'005 15:42:33.00 AND THE SAID party of the first part, for his heirs, executors and administrators, will warrant and 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 claims of all persons owning, holding or claiming by, through or under the said party of the first part. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year above written. ~~~ ~~(\'~Cl",~ PHILLIP B. RYAN " \3<s ~,~--. \r-.. - ~ n3" '<"\ \ I....\:~ "\) N\.. Q... '>l 9.....9-..\:\ \:U' ~ "",~ Q\\~~ '^^- ~~t N~{~\.N-.l.-" \~ OXJ;:~~ c:.\c. '\\ ~ 0A.'-\~ "^ ~ ~ as" ~\..l.Q.~~ ~'\ vv....v-\..,~~ \.-... "'-'--'. ""-1 _~ . .. . . *-, {~! ~OTA~~ \ ~"~ ~: -'- : ~ ~ ~ ~ AhB,.e : ~ ~ ~ ... ~ u..., l !I: J ~A. :.t - .e ~ r;,'b.' (!j, ,. -~_ e.. ./. '/.f:J .' ., , .. ''''0 ...qll. 06. e" A" · 'A.. ...... -..\", .. ~\\\r'b COU\' _-- '~'Ill""'" - Book 00991 :2192 AUgusta - Richmond County 2005026307 OS/20/2005 15:42:33.00 Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of FaIT, et a1.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. '('."Q "?) '"' "'- ",",,-, Q~ ~ - --~~~ Book 00991 :2193 Augusta - Richmond County 2005026307 OS/20/2005 15:42:33.00 IN THE UNITED STATES OF AMERICA SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, Phillip B. Bryan, legal resident of Edgefield County, South Carolina, has made, constituted and appointed and by these presents dose make, constitute and appoint Milton M. A vrett, III, my true and lawful attorney to act in the following specific transactions: To sign any and all documents connected with the sale of property owned by me on 424 James Brown Boulevard, Augusta, Georgia 30901, described in Exhibit "A" to Augusta, Georgia, a political subdivision of the State of Georgia, to include but not limited to signing Warranty Deeds, Closing Statements, Lien Affidavits and other documents necessary to close the sale of this property. To manage and conduct my affairs for the purposes set out above, for me and in my name, place and stead, and for my use and benefit, and as my act and deed, to do and execute or to concur with persons jointly interested with me in the doing or executing of all or any of the acts and deeds and things as specified above. GIVING AND GRANTING unto my said attorney full power and authority to perform all and every act, deed, matter and thing whatsoever in and about my estate, property and affairs, as fully and effectually to all intents and purposes as I might or could do in my own person, if personally present in order to accomplish the things listed hereinabove, those above specifically enumerated powers being in specific, but not to diminish the power to do this thing specified above. Complete and general power herein is granted to accomplish the matter set forth herein, and I hereby ratify all of the acts of my said attorney lawfully done by him or caused to be done by virtue of these presents. And I hereby declare that any act or thing lawfully done hereunder by my said attorney - - ----~ Book 00991 :2194 Augusta - Richmond County 2005026307.05/2012005 15:42:33.00 I j s,hall be binding on me and my heirs, legal and personal representative, and assigns; whether the same shall be done before or after my death, or other revocation of this instrument, unless notice thereof shall be received by my said attorney. IN WITNESS WHEREOF I have hereunto set my hand and seal this 3/ day of March, 2005. ~ - ~ [L.S.] PHILL . BRYA Signed, sealed and delivered in the presence of: 0, ~.~ , i. \l~H"'J"'J ....,,,\\ 1\. tCf!/'4,f~::"J.t " ..........r,.. ............ ,...',' I" ..... ,~,~~.. ,. /",.;'-:;!~ . . 0 arY?lhl~tic~State of Georgia -< : M} commi:ssf.Qb expires: 09/13/08 :; /)'~ \{;g ~ :~ '0 .. I,. \ _ .; .3 ,. 4..Jo~ .~..~ ~" / ,'~ ;..;:~.:!:;,; . "/:X: ~~:<~~:-. - Book 00991 :2195 Augusta - Richmond County 2005026307 Q5/20/2005 15:42:33.00 Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of Farr, et al.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. Filed in this office: Augusta - Richmond County 05/2012005~~:42:33.00 Elaine C. Johnson Clerk of Superior Court ,.' BOB YOUNG Mayor STAFF ATTORNEYS Vanessa Flournoy Harry B. James, III County Attorney Augusta Law Department Wrn. "Willie" H. Mays, III Mayor Pro Tern Frederick L. Russell Administrator CLOSING STATEMENT April 13, 2005 Reply to: 70 I Greene Street, Suite 104 Augusta, Georgia 30901 Of real property located at 424 James Brown Boulevard (also known as 424 Ninth Street), Augusta, Richmond County, Georgia, and described on Exhibit A being purchased by AUGUSTA, GEORGIA, Purchaser, from PHILLIP B. BRYAN, Seller. PURCHASER'S SETTLEMENT STATEMENT SALES PRICE: $40,000.00 ADDITIONS: Prorated Real Property Taxes: $263.54 POC (SUBJECT TO COMMISSION ACTION TO WRITE OFF) CASH DUE FROM PURCHASER: $40.000.00 SELLER'S SETTLEMENT STATEMENT SALES PRICE: $40,000.00 ADDITIONS: Georgia Transfer Tax <$ 40.00> Prorated Real Property Taxes (1-1-05 - 4-13-05) <$ 103.00> Total Purchase Price: $40,000.00 CASH DUE TO SELLER: $39.857.00 Augusta Law Department 501 Greene Street, Suite 302. Augusta, Georgia 30901 (706) 842-5550 - Fax (706) 842-5556 County Attorney 701 Greene Street, Suite 104, Augusta, Georgia 30901 (706)724-6597 - Fax (706) 722-4817 ~~~ ~~ Notes: 1. Taxes for the year 2005 have been prorated. 2. Seller and Purchaser hereby acknowledge that each has read and approved the foregoing Closing Statement and agree that it accurately reflects the substance of the financial aspects of the transaction contemplated by the contract dated April 1, 2005 and the parties hereby approve and direct the Closing Attorney to disburse the proceeds and expense of the sale and purchase in accordance with this Closing Statement. No responsibility is assumed by the Closing Attorney for the accuracy of the figures obtained from others. Seller and their agents, in receiving the funds disbursed herein, release the Purchaser and the Closing Attorney from any claims against the funds disbursed herein. 3. Seller's attorney fees to be paid outside of closing by Seller. Purchaser's attorney fees, environmental investigative costs and consultant fees to be paid outside of closing. 4. This contract shall survive the Closing. SELLER: 7'y-..ll'() ~ ,~C\"\~ "0' (L.S.) PHILLIP B. BRYAN r--- \ ~. '<v'-- ..}J:: v.- \-, ~-er::=: PU~A~~ ~ ~ v- *o-~ AUGUST~GIA By- ~ ~ G Its:' Mayor Attest:~<<fJitJ%/l& Its: Clerk of Com is 1 n .. ; . Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of Farr, et al.; East by property of Cashin; South by property of. Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. ~~-<b ~ .~~ '-.:>() ..Q~~ '< ~~L- STATE OF GEORGIA ) AMENDED SALES CONTRACT RICHMOND COUNTY ) THIS AGREEMENT, made and entered into, this J8!Iz day of April, 2005 between PHILLIP B. BRYAN (hereinafter referred to as "SELLER"), and AUGUSTA, GEORGIA, a political subdivision ofthe State of Georgia, (hereinafter referred to as "BUYER"); WIT N E SSE T H: 1. Seller has agreed to sell and Buyer to buy, on the terms and conditions hereinafter set forth, the real property described on Exhibit "A" hereto attached. 2. The purchase price of said property is $40,000.00 payable as follows: CASH AT CLOSING 3. The Seller hereby acknowledges receipt of$10.00 as earnest money, which is to be deposited with Seller; which earnest money is to be applied as part payment of the purchase price of the property at the time the sale is consummated. 4. (a) Seller agrees to furnish a marketable title to said property and agrees to convey said property by general warranty deed to Buyer at the time the sale is consummated, subject to: 1. Covenants and restrictions of record not violated by existing improvements or the use of the property. 2. Zoning ordinances not violated by the existing improvements or the use of the property. 3. Encumbrances and leases specified in this contract. (b) Buyer shall furnish to Seller a written statement of objections affecting the marketability of said title at least fifteen (15) days prior to the date set for closing. If the Seller shall be unable to convey title in accordance with the provisions of this contract, as a result of the property being affected by any encumbrance (other than taxes for the current year which constitute a lien, but are not due and payable at the time of closing), outstanding interest or question of title not expressly consented to herein by the Buyer which render the Seller's title to the premises unmarketable, and which may according to reasonable expectations, be removed within thirty (30) days, the Seller shall have the privilege to remove or satisfy the same and shall for this purpose, be entitled to an adjournment of the closing of title for a period not exceeding fifteen (15) days. The Seller shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises marketable. The Buyer may, nevertheless accept such title as Seller may be able to convey without reduction of the purchase price or any credit against same and without liability on the part of the Seller. 5. The purchase and sale of the subject property shall be closed on or before April 30, 2005. Possession of the property shall be delivered to the Buyer on or before the time of closing. 6. Time is of the essence of this contract, and Seller and Buyer agree that such papers as may be legally necessary to carry out the terms of this contract shall be executed and delivered by such parties at the time this sale is consummated. 7. Seller warrants that when the sale is consummated the improvements on the property will be in the same condition as they are on the date of this contract, natural wear and tear excepted, and Seller specifically assumes the risk of loss or damage to said property until the consummation of the sale. Should the premises be destroyed or substantially damaged before this contract is consummated, then, at the election of the Buyer: (a) The contract may be canceled; (b) Buyer may consummate the contract and receive such insurance as is paid on the claim of loss; if there is no insurance the reasonable cost of repairing said improvements shall be subtracted from the purchase price provided for in paragraph 2 hereof. The election is to be exercised by Buyer within ten (10) days after the amount of the Seller's damage is determined. 8. Seller is to pay all liens, encumbrances, water charges and the like on said property, for all transfer tax on Seller's deed. Buyer are to pay for the examination of title, intangible tax and attorney fees. Taxes, interest on loan, rents and insurance premiums (if insurance is transferred to Buyer) are to be prorated as of the date of closing. 9. Seller agrees that if this transaction is not consummated because of Seller's inability, failure or refusal to convey marketable title, Seller shall return the earnest money to the Buyer. Buyer agrees that if he fails or refuses to consummate this transaction for any reason, except lack of marketable title in the Seller, the Seller shall have the option of suing for specific performance or of terminating this contract. If the Seller shall elect to terminate this contract, the earnest money shall not be refunded but shall be retained by the Seller as liquidated damages. 10. The special stipulations appearing on Exhibit B hereof, shall, if in conflict with the printed matter contained herein, control. 11. This contract constitutes the sole and entire agreement between the parties and no modification of this contract shall be binding unless attached hereto and signed by all parties to this agreement. Representations, promises or inducements not included in this contract shall not be binding upon any party hereto. 12. All rights, powers, privileges and duties hereby granted or assumed shall inure to the benefit of and shall be binding upon the successors, assigns, heirs, administrators and executors of the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, this day of April, 2005. ATTEST: F:\Users\IFoust\Active Clients\Fonns\Sales Contract doc Augusta, Georgia U1~ Cl?-> . By: Its Mayor {)~Buyer "ll,... .91. r :\\""\ ~ Phillip B. B an - Seller v \ vv-..s;;;.,v-- '--- ~. ~ c. ~"""^-. __ -t ~ Seller (L.S.) (L.S.) Q...s.> '" \.. '::, (L.S.) Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by propeliy of Farr, et al.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. Exhibit "B" SPECIAL STIPULATIONS 1. Seller reserves the right but does not have the obligation to remove and retain title and possession of the heating and air conditioning system, appliances, and any personal property located on the premises, within 30 days from the time of closing. 2. Subject to buyers right to inspect as contained herein, property is being sold "as is" and seller makes no representation concerning the conditions of improvements. 3. Premises to be "broom clean" at the time of closing. 4. Buyer, their inspectors or representatives, at Buyer's expense and at reasonable times during normal business hours shall have the right and responsibility to enter upon the Property for the purpose of making a diligent, prudent and competent inspection (including conducting the final walk through), by examining, testing and surveying the Property. The inspection of the Property shall include, but is not limited to: all appliances remaining with the Property, heating and air conditioning system; plumbing (including without limitation, sewer/septic'and water/well systems, pool and spa, if any); electrical systems; roof, gutters, structural components, foundations, fireplaces and chimneys; drainage conditions or evidence of excessive moisture adversely affecting the structure; excessive levels of radon, toxic waste, hazardous substances including, but not limited to: lead, asbestos and unreaformaldehyde, or other undesirable substances; and any personal property described in this Agreement, Buyer will within 15 calendar days from acceptance by all parties of the Agreement, make such inspection and either accept the property in its present condition or within 5 days of such inspection make written objection to Seller or give written notice of termination to the Seller. Such notice of termination shall specifically state the basis of termination. In the event Buyer delivers to Seller a written statement of objection, Seller shall have the right to make the necessary repairs, at his cost, or terminate the Agreement. In the event the Seller elects to terminate the Agreement, he shall notify the Buyer within 15 days of Seller's receipt of the written objection. 5. Seller warrants that at time of closing the Property will be in the same condition as it was on the date of acceptance, normal wear and tear excepted. 6. Seller shall pay transfer tax. Each party shall pay their respective attorney fees. RESOLUTION AUTHORIZING THE CONTRACTING FOR THE NEW LIBRARY AND AUTHORIZING THE PURCHASE OF A SITE FOR THE NEW LIBRARY WHEREAS, the East Central Georgia Regional Library (the "Library") is need of additional land to expand or locate the main branch of the library and the administrative offices of the library; and WHEREAS, in the 2000 sales tax referendum (SPLOST IV) the voters of Augusta-Richmond County, Georgia approved funding for the acquisition of a new site for the main branch and administrative offices of the library; and WHEREAS, a Site Selection Committee was formed by the Library to identify potential sites for the new library building in the downtown Augusta area; and WHEREAS, the Site Selection Committee identified approximately 12 sites in the downtown area for the relocation of the building; and WHEREAS, it was the recommendation of the Site Selection Committee to relocate the library to the property located at 827 Telfair Street, which is commonly known as the Fine Products building and 424 Ninth Street (also known as "James Brown Boulevard" and "Campbell Street"); and WHEREAS, through preliminary discussions with the owners of the property, a price at which the owners are willing to sale the property was been determined, which price is within the range approved by Library Board; and WHEREAS, in order to secure the site and to conduct a due diligence investigation, it is appropriate and necessary for a contract to be entered into for the purchase of the Phillip B. Bryan property located at 424 Ninth Street (also known as James Brown Boulevard and Campbell Street); and WHEREAS, a contract for the purchase of the property located at 424 Ninth Street (also known as James Brown Boulevard and Campbell Street) was entered into by and between Augusta, Georgia and Phillip B. Bryan, pursuant to a Resolution of this body adopted on March 29, 2005, said contract being dated April 13, 2005; and WHEREAS, a reasonable due diligence investigation has been conducted and it has been determined that the site is suitable for the Library's needs and purposes. NOW, THEREFORE, it is hereby resolved as follows: 1. The County Attorney and the Executive Director of the Library are authorized to negotiate a contract for the purchase of the property located at 424 Ninth Street (also known as Campbell Street) at a purchase price of $40,000.00. 2. That upon the completion of the negotiations of such contract the Mayor of the Augusta, Georgia shall execute same and such other documentation as may reasonably be required to purchase said property, all in form approved by the County Attorney. 3. The Executive Director, with the assistance of the County Attorney and the County's Engineering Consultant shall undertake reasonable steps to conduct a due diligence investigation. 4. The purchase of the subject property is authorized and approved at a purchase price of $40,000.00 and in according with the terms of the contract entered into by and between Augusta, Georgia and Phillip B. Bryan dated April 13, 2005. 5. That the Mayor of the Augusta, Georgia shall execute a closing statement and such other documentation as may reasonably be required to such property and to acknowledge acceptance of the property by Augusta, Georgia, all in form as approved by the County Attorney. 6. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein. Duly adopted by the Augusta-Richmond County Commission, this 29th day of March, 2005. ~~BY: ATTEST: -:; (Seal) 'I. " , l Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of Farr, et al.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. , BOB YOUNG Mayor ~ . ~ AUGUSTA-RICHMOND COUNTY COMMISSION f Il~-~ G ~A STEP~~ !.;.,~~EPARD Mm=i~ Augusta Law Department Barbara Sims Richard Colclough Bobby G Hankerson Andy Cheek Tommy Boyles Jimmy Smith Wm. "Willie" H. Mays, III Don A. Grantham STAFF ATIORNEYS Vanessa Flournoy Harry B. James, III ~ Wm. "Willie" H. Mays, III Mayor Pro Tern Frederick L. Russell Administrator CLOSING STATEMENT April 13, 2005 Reply to: 701 Greene Street, Suite 104 Augusta, Georgia 30901 Of real property located at 424 James Brown Boulevard (also known as 424 Ninth Street), Augusta, Richmond County, Georgia, and described on Exhibit A being purchased by AUGUSTA, GEORGIA, Purchaser, from PHILLIP B. BRYAN, Seller. PURCHASER'S SETTLEMENT STATEMENT SALES PRICE: $40,000.00 ADDITIONS: Prorated Real Property Taxes: $263.54 POC (SUBJECT TO COMMISSION ACTION TO WRITE OFF) CASH DUE FROM PURCHASER: $40.000.00 SELLER'S SETTLEMENT STATEMENT SALES PRICE: $40,000.00 ADDITIONS: Georgia Transfer Tax <$ 40.00> Prorated Real Property Taxes (1-1-05 - 4-13-05) <$ 103.00> Total Purchase Price: $40,000.00 CASH DUE TO SELLER: $39.857.00 Augusta Law Department 501 Greene Street, Suite 302. Augusta, Georgia 30901 (706) 842-5550 - Fax (706) 842-5556 County Attorney 701 Greene Street, Suite 104, Augusta, Georgia 30901 (706)724-6597 - Fax (706) 722-4817 ~ ~~ \iV" ~\ll-\). Notes: 1. Taxes for the year 2005 have been prorated. 2. Seller and Purchaser hereby acknowledge that each has read and approved the foregoing Closing Statement and agree that it accurately reflects the substance of the financial aspects of the transaction contemplated by the contract dated April 1, 2005 and the parties hereby approve and direct the Closing Attorney to disburse the proceeds and expense of the sale and purchase in accordance with this Closing Statement. No responsibility is assumed by the Closing Attorney for the accuracy of the figures obtained from others. Seller and their agents, in receiving the funds disbursed herein, release the Purchaser and the Closing Attorney from any claims against the funds disbursed herein. 3. Seller's attorney fees to be paid outside of closing by Seller. Purchaser's attorney fees, environmental investigative costs and consultant fees to be paid outside of closing. 4. This contract shall survive the Closing. SELLER: "1"" ~ ~. .~I\ '" ~ ~-'\ (L.S.) PHILLIp ~: BRYAN---.~. \ ~n" ",-.~ ~ PURCHASER: AUG~, YfORGIA By. ~i~ Its: Mayor ; Atte~4i~ Its: / e~ of Co. s ion !; /,- '.;:" .' Exhibit "A" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of Farr, et al.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. -?~~ ~ ~~ STATE OF GEORGIA ) AMENDED SALES CONTRACT RICHMOND COUNTY ) THIS AGREEMENT, made and entered into, this ~ day of April, 2005 between PHILLIP B. BRYAN (hereinafter referred to as "SELLER"), and AUGUSTA, GEORGIA, a political subdivision ofthe State of Georgia, (hereinafter referred to as "BUYER"); WIT N E SSE T H: 1. Seller has agreed to sell and Buyer to buy, on the terms and conditions hereinafter set forth, the real property described on Exhibit "A" hereto attached. 2. The purchase price of said property is $40,000.00 payable as follows: CASH AT CLOSING 3. The Seller hereby acknowledges receipt of $10.00 as earnest money, which is to be deposited with Seller; which earnest money is to be applied as part payment of the purchase price of the property at the time the sale is consummated. 4. (a) Seller agrees to furnish a marketable title to said property and agrees to convey said property by general warranty deed to Buyer at the time the sale is consummated, subject to: 1. Covenants and restrictions of record not violated by existing improvements or the use of the property. 2. Zoning ordinances not violated by the existing improvements or the use of the property. 3. Encumbrances and leases specified in this contract. (b) Buyer shall furnish to Seller a written statement of objections affecting the marketability of said title at least fifteen (15) days prior to the date set for closing. If the Seller shall be unable to convey title in accordance with' the provisions of this contract, as a result of the property being affected by any encumbrance (other than taxes for the current year which constitute a lien, but are not due and payable at the time of closing), outstanding interest or question of title not expressly consented to herein by the Buyer which render the Seller's title to the premises unmarketable, and which may according to reasonable expectations, be removed within thirty (30) days, the Seller shall have the privilege to remove or satisfy the same and shall for this purpose, be entitled to an adjournment of the closing of title for a period not exceeding fifteen (15) days. The Seller shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises marketable. The Buyer may, nevertheless accept such title as Seller may be able to convey without reduction of the purchase price or any credit against same and ~'i'b~ '" ~""" ~\N without liability on the part of the Seller. 5. The purchase and sale of the subject property shall be closed on or before April 30, 2005. Possession of the property shall be delivered to the Buyer on or before the time of closing. 6. Time is of the essence of this contract, and Seller and Buyer agree that such papers as may be legally necessary to carry outthe terms of this contract shall be executed and delivered by such parties at the time this sale is consummated. 7. Seller warrants that when the sale is consummated the improvements on the property will be in the same condition as they are on the date of this contract, natural wear and tear excepted, and Seller specifically assumes the risk of loss or damage to said property until the consummation of the sale. Should the premises be destroyed or substantially damaged before this contract is consummated, then, at the election of the Buyer: (a) The contract may be canceled; (b) Buyer may consummate the contract and receive such insurance as is paid on the claim of loss; if there is no insurance the reasonable cost of repairing said improvements shall be subtracted from the purchase price provided for in paragraph 2 hereof. The election is to be exercised by Buyer within ten (10) days after the amount of the Seller's damage is determined. 8. Seller is to pay all liens, encumbrances, water charges and the like on said property, for all transfer tax on Seller's deed. Buyer are to pay for the examination of title, intangible tax and attorney fees. Taxes, interest on loan, rents and insurance premiums (if insurance is transferred to Buyer) are to be prorated as of the date of closing. 9. Seller agrees that if this transaction is not consummated because of Seller's inability, failure or refusal to convey marketable title, Seller shall return the earnest money to the Buyer. Buyer agrees that if he fails or refuses to consummate this transaction for any reason, except lack of marketable title in the Seller, the Seller shall have the option of suing for specific performance or of terminating this contract. If the Seller shall elect to terminate this contract, the earnest money shall not be refunded but shall be retained by the Seller as liquidated damages. 10. The special stipulations appearing on Exhibit B hereof, shall, if in conflict with the printed matter contained herein, control. 11. This contract constitutes the sole and entire agreement between the parties and no modification of this contract shall be binding unless attached hereto and signed by all parties to this agreement. Representations, promises or inducements not included in this contract shall not be binding upon any party hereto. 12. All rights, powers, privileges and duties hereby granted or assumed shall inure to the benefit of and shall be binding upon the successors, assigns, heirs, administrators and executors of the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, this day of April, 2005. .--v~~ ~~~ ATTEST:' " ; ., Augusta, Georgia ~ '" l ;( By: Its Mayor \......... ~ IJl/ Buyer (L.S.) ~}l.....~_Ql\.'\l\-- \.0 (L.S.) Phillip B. B~ - Seller """"-\'-\1:'.-"1 ~. ~"Q.C-~, 'UA. Ov. "'-~ '::> ~~ -^- ~c.=st (L.S.) Seller F:\Users\IFoust\Active Clients\Fonns\Sales Contract doc Exhibit "A" SPECIAL STIPULATIONS 1. Seller reserves the right but does not have the obligation to remove and retain title and possession of the heating and air conditioning system, appliances, and any personal property located on the premises, within 30 days from the time of closing. 2. Subject to buyers right to inspect as contained herein, property is being sold "as is" and seller makes no representation concerning the conditions of improvements. 3. Premises to be "broom clean" at the time of closing. 4. Buyer, their inspectors or representatives, at Buyer's expense and at reasonable times during normal business hours shall have the right and responsibility to enter upon the Property for the purpose of making a diligent, prudent and competent inspection (including conducting the final walk through), by examining, testing and surveying the Property. The inspection of the Property shall include, but is not limited to: all appliances remaining with the Property, heating and air conditioning system; plumbing (including without limitation, sewer/septic and water/well systems, pool and spa, if any); electrical systems; roof, gutters, structural components, foundations, fireplaces and chimneys; drainage conditions or evidence of excessive moisture adversely affecting the structure; excessive levels of radon, toxic waste, hazardous substances including, but not limited to: lead, asbestos and unreaformaldehyde, or other undesirable substances; and any personal property described in this Agreement, Buyer will within 15 calendar days from acceptance by all parties of the Agreement, make such inspection and either accept the property in its present condition or within 5 days of such inspection make written objection to Seller or give written notice of termination to the Seller. Such notice of termination shall specifically state the basis of termination. In the event Buyer delivers to Seller a written statement of objection, Seller shall have the right to make the necessary repairs, at his cost, or terminate the Agreement. In the event the Seller elects to terminate the Agreement, he shall notify the Buyer within 15 days of Seller's receipt of the written objection. 5. Seller warrants that at time of closing the Property will be in the same condition as it was on the date of acceptance, normal wear and tear excepted. 6. Seller shall pay transfer tax. Each party shall pay their respective attorney fees. ~~p/ ~ . Exhibit liB" All that parcel, piece or lot of land, together with the improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street), between Greene Street and Telfair Street, extending back therefrom on its Northern boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of 64.0 feet, more or less, being Bounded, all now or formerly: North by property of Farr, et al.; East by property of Cashin; South by property of Bush; and West by Ninth Street (also known as Campbell Street); being the same property conveyed by Metropolitan Land & Investment Co. by deed dated January 13, 1971, recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being made to said deed for a more particular description of the property hereby conveyed, the improvements on said property being known as 424 James Brown Boulevard (also known as Ninth Street and Campbell Street) according to the present system of street numbering in the City of Augusta, Georgia. .o,~ ,~vr ~