HomeMy WebLinkAboutPHILLIP B. BRYAN LIMITIED WARRANTY DEED
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Book 00991 :2190 Augusta - 'Richmortd County
2005026307 OS/20/200515:42:33.00
$20.00 WARRANTY DEED
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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.
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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 "
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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.
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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
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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:
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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--- \ ~.
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AUGUST~GIA
By- ~ ~ G
Its:' Mayor
Attest:~<<fJitJ%/l&
Its: Clerk of Com is 1 n
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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.
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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
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Cl?-> . By: Its Mayor
{)~Buyer
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Phillip B. B an - Seller
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Seller
(L.S.)
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(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
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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.
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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
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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.
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ATTEST:'
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Augusta, Georgia
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IJl/ Buyer
(L.S.)
~}l.....~_Ql\.'\l\-- \.0 (L.S.)
Phillip B. B~ - Seller
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(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.
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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.
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