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HomeMy WebLinkAboutSercurity Deed from Laney Walker Development Corporation Augusta Richmond GA DOCUMENT NAME: ~ ~ C V RoT-, \) e; ED .p /to....... LAN e. ~ I W", l.k ~dZ.. b e V ~ lop 1V'\ ~ ~ ,.. <::.<, ~pt!) ~A "T IO,J DOCUMENT TYPE: \)E..t" 0 YEAR: ~DO~ BOX NUMBER: ) lp FILE NUMBER: 1 Lt>;;;I1.o S- NUMBER OF PAGES: 1.9 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" Ii. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWAu.@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator IUCHARD L. COLCLOUGH Mayor Pro Tem July 29, 2002 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 Dear Lena: I enclose herewith the original of a Security Deed from the Laney' Walker Development Corporation to Augusta, Georgia, with the attached Agreement between Augusta and Laney Walker Development Corporation. By carbon copy of this letter, I am forwarding copies of same to HND. This Security Deed is recorded in Deed Book 00799, Page 0414, et seq. I am also enclosing a copy of the Limited Warranty Deed from Augusta to the Laney Walker Development Corporation recorded in Deed Book 00799, Page 0409, et seq. I am forwarding the original of this Limited Warranty Deed to Andy Chandler with the Laney Walker Development Corporation. With best personal regards, I am Yours very truly, ~ James B. Wall,~ JBW/sjp Enclosures cc: Mr. James Steele Mr. Andy Chandler h j . , .... . - ~. r '. Book 00799:0414 Augusta - Richmond County 200202228207/1112002 14:58:53.00 $34.00 SECURITY DEED IlIJ~lnllflmnlUrulil'llliiljl~nllimiliijlllilniii' 2002022282 Augusta - Richmond County " Return to: Harry B. James, III 407 Sixth Street Augusta, Georgia 30901 AUGUSTA, GEORGIA SECURITY DEED TInS INDENTURE, made and entered into this ql.f:!J- day of July, 2002, by and between LANEY-WALKER DEVELOPMENT CORPORATION, a State of Georgia nonprofit corporation, 821 Laney-Walker Boulevard, Augusta, Georgia 30901 hereinafter, with its successors and assigns, called the Grantor, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, by and on behalf of the HOUSING AND NEIGHBORHOOD DEVEWPMENT DEPARTMENT, One Tenth Street, Suite 430, Augusta, Georgia 30901,:1 corporation organized and existing under the laws of THE STATE OF GEORGIA, hereinafter, with its successors and assigns, called the Grantee; WITNESSETH, That for the consideration hereinafter mentioned, receipt whereof is hereby acknowledged, the Grantor does hereby bargain, sell, grant, assign, and convey unto the Grantee, all those certain properties situated and being in Richmond County, Georgia, to wit: SEE ATIACHED EXHIBIT "A" Including all buildings and improvements now or hereafter existing thereon; together with the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, and the rents, issues, and profits of the above described property, (provided, however, that the Grantor shall be entitled to collect and retain the said rents, issues and profits until default hereunder); and all fixtures now or hereafter attached to or used in connection with the premises herein described and in addition thereto the following described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty, and are a portion of the Security for the performance of the obligations contained in that certain Agreement attached hereto as Exhibit B. This deed is made and intended to secure the Grantor's performance of its duties in accordance with the terms of the Agreement. This instrument is a deed passing legal title pursuant to the laws of the State of Georgia governing loan or security deeds and is not a mortgage. i \. . . ,r '\ ". Book 0079~:0415 Augusta - Richmond County 200202228207/11/2002 14:58:53.00 TO HAVE AND TO HOLD the same unto the Grantee and the successors in interest of the Grantee forever in fee simple or such other estate, if any, as is stated herein. And the Grantor covenants that it is lawfully seized and possessed of said premises; that it has good right to mortgage and convey said premises; that the same are free from all encumbrances except as herein otherwise recited; and that it hereby binds itself and its successors in interest to WARRANT AND DEFEND the title aforesaid thereto and every part thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal on the day and year aforesaid. SIGNED, SEALED AND DELIVERED in the presence of: For Laney-Walker Development Corporation As Its Secretary \' ..',~~~ ~ ~ '~I :::.... "'" .,p. , ,.......~~.~ 1,1 I f:., ''.tit. , -' "'~ ~ .' ~. ..........~.,_ z~ ~ ~ - .~~ , .. t. -"., ~'..... ~ :~ -'\:',.1 '~i oj- ~ :f- ~.; i?-Y- .' ~...)... '! -~ ?j" ......, ~1 ; ,,d ... ~ . ..:! :~':. ~ ~ i'~ ~ '-~ 1-:.1 .&.G J ~~~~ l~~: ~. '..,j~ -- S .J~~ _I. t.~ ;! I . ~ ~- . .";,.,...:.: ~. G) ;;: ...~ ',,<, ...,.... -'" ....&'i ~ '~".'4- -.' "" ~ or.:.. ~... .,j ""':\t: ;r" ...."........~ ~ " ...( ';j! tr.... \ 0(1~' "''*'.; ii;.:; ;;i:;ii~""~\-(\' ......,.1..1~.1... "," ~D"'" -;' '. . >:~,.--~.... ~1/?.~., I I-Ib: . _ it ~~ i Nd aryi.lIbljc ~ . i ~~~~Dnd r.o~i~eorgia ~ ~ \CK"ll (3- Gr .. ~~ < ~ . ' ..\ .. ~- ~~~Yi~~3~9'1~~pires: A7f,;) ~/()' . ,.- ...,....... (Seal) . . .- -------.. Book 007Q9:0416 Augusta - Richmond County 200202228207/11/2002 14:58:53.00 EXHIBIT "A" All that lot or parcel of land with all improvements thereon, situate, lying and being in the City of Augusta, County of Richmond, State of Georgia, fronting a distance of 20 feet on the East side of Summer Street and extending back between parallel lines a distance of 160 feet to a rear width of 20 feet on its Eastern boundary line and being more particularly shown and designated on a certain plat made for Y. P. McQueen by Cranston & Associates, Registered Land Surveyors, dated July 23, 1965, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Book 31-T, page 196, specific reference being made to said plat for a more complete and accurate description of said lot of land, its exact location, dimensions, metes and bounds. Said lot of land is bounded as follows: North by property now or formerly of Walker and property now or formerly of Childs; South by property now or formerly of Jones; and West by the Summer Street. The improvements upon the above described premises are known under the present system of house numbering in the City of Augusta as No. 1132 Summer Street. And All that lot or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, and City of Augusta, on the North side of Gwinnett Street, (now Laney-Walker Boulevard) between Eight and Ninth Streets, fronting twenty (20) feet on Gwinnett Street (now Laney-Walker Boulevard) and extending back for a distance of eighty-seven (87) feet; the improvements on the said property being known under the present system of numbering houses in the City of Augusta, Georgia as 815 Gwinnett Street (now Laney- Walker Boulevard). And All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, with the improvements thereon being known by the present system of numbering in the City of Augusta as 1131 Eight Street as shown on a plat prepared for Paul W. Gardner by B.J. Blender, Jr., R.P.L.S., P.C. dated July 21, 1986, and by reference made a part hereof. Being a portion of the same property described in a deed from John P. Maben, Jr. To Valerie R. Maben, dated March 20, 1985, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Reel 200, page 997. And All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, with the improvements thereon being known by the present system of numbering in the City of Augusta as 1133 Eight Street as shown on a plat prepared for Paul W. Gardner by B.J. Blender, Jr., R.P.L.S., P.C. dated November 22, 1986, which is attached hereto and by reference made a part hereof. Being a portion of the same property described in a deed from John R. Maben, Jr. To Valerie R. Maben, dated March 20, 1985, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Reel 200, page 997. ;, , Book 00799:0417 Augusta - Rlchmcnd County 2002022282 07/11/2002 14:58:53.00 And All that tract, lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Richmond County, Georgia, and being located on the West side of 8th Street, fronting on 8th Street a distance of 40 feet, more or less, and extending back between parallel lines for a distance of 100 feet, more or less. Said property is bounded now or formerly as follows: On the North by property of William McAuliffe: East by 8th Street; South by Estes and Roberts; and West by property of Johnson and Berrien. This is the same property described in a deed from Lillian Ada Samuels Kelson to Robert Dupree Samuels, dated December 23, 1987, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 278, page 597-598. The improvements on said property under the present system of street numbering in the City of Augusta is 1137 Eight Street, Augusta, Georgia. And All that lot of land with improvements thereof, #1130 Summers Street, in Augusta, Richmond County, Georgia, fronting twenty (20) feet on the East side of Summers Street, and extending back of even width one hundred sixty (160) feet, more or less, and bounded: North, now or formerly, by McCarthy; East by Wigfall; South, now or formerly, of McCreary; and West by Summers Street, being same property conveyed to party of First part by Deed recorded in the Clerk's Office, Richmond County Superior Court, in Realty Book 14 C's, pages 506-507. . And All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, on the North side of Laney-Walker Boulevard, formerly known as Gwinnett Street, fronting thereon a distance of 40 feet, more or less, and extending back between parallel lines a distance of 150 feet, more or less, to a rear width of 40 feet, more or less and being bounded as follows: on the North by property, now or formerly, of the Estate of Jerry O'Connor; 011 the East by property, now or formerly, of Wilkins; on the South by Laney-Walker Boulevard, formerly known as Gwinnett street, and on the West by property, now or formerly of Laura and Ethel Whitaker. This is the same property conveyed to Walter L. Jonesby deed of W. B. Bridges recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 24-D, pages 538-539. The improvements on said property are presently known as 817 Laney-Walker Boulevard under the present system of house numbering of Augusta, Georgia. And All that lot of land with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia on the North side of Gwinnett (now Laney-Walker Boulevard) Street, between Jackson Street and Summer Street, fronting on Gwinnett (now Laney-Walker Boulevard) Street a distance of 40 feet, more or less, and running back toward Hopkins Street a distance of 125 feet, mo~e or less. Being known according to the present system of city numbering as 821 Laney-Walker Boulevard, and being the same property conveyed to James, A. Young, III, Pauline E. Young and Felisa P. Young by Warranty Deed from Laney Walker Museum, Inc. and recorded in Realty Reel 153 at pages 467-468, in the Office of the Clerk of the Superior Court'of Richmond County, Georgia. And All that lot or parcel of land improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia and being under the system of house numbering presently in use in the City of Augusta, Georgia as 1128 Summer Street. The property herein conveyed is the same property described in a Deed . . , . .r" ..... Book 00799:0418 Augusta - Richmond County 200202228207/1.1/2002 14:58:53.00 between Martha Stewart and Mildred L. Bennings which Deed is recorded in the Office of the Clerk of Superior Court, of Richmond County, Georgia in Realty Book 28-Y, pages 671-672 and also described in an Affidavit respecting title to real estate with Affidavit is rp.corded in Realty Reel 111, pages 1116-1118. And All that lot or parcel of land, situate, I ying and being in Augusta, Richmond County, Georgia, on the East side of Summer Street, between Hopkins & Gwinnett Streets (n/kla Laney Walker Blvd.) having a frontage on Summer Street of forty (40) feet and running back between parallel lines a distance of one hundred and eighty-two (182) feet; Bounded on the North by Carrie Bowen; South by James W. Golikley; West by Summer Street, and East by Mrs. E. F. Miller. Being a portion of what is known and designated as lot number twenty- two (22) on plat attached to deed and recorded in Book 5 Q's, page 322, being also designated as Lot No. 27 on Block 72, Ward No.2 of plat book of the City of Augusta for 1927. The improvements on said property are presently known as 1122 Summer Street under the present system of house numbering of Augusta, Georgia. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, and being known under the present street numbering system of Augusta as 1124 Summer Street, having a front on Summers Street of Thirty-Nine and Eight-Tenths (39.8) feet, and extending back of equal width a distance of One Hundred Sixty (160) feet, more or less, Bounded: North by other property now or formerly of Joseph J. O'Connor; East by property now or formerly of Mrs. Muller, and by Randall and Hattie Johnson; South by property now or formerly of Annie McCarty; and West by Summer Street. And All that lot or parcel of land situate, lying and being i~ the City of Augusta Richmond County, Georgia, on the West side of Jackson Street (8th) between Hopkins and Gwinnett Streets, (n/k/a Laney Walker Blvd.) having a frontage on said Jackson Street of 63 feet and extending back of even width 170 feet towards Eighth Street. Said property is bounded as follows: North by Lot now or formerly of Mrs. Ella T. Miller; East by Jackson Street; South by lot now or formerly of Dennis Wigfall; West by property now or formerly of Patrick McCarty and J. J. O'Connor. The improvements on said property are now known as 1125 Eighth Street, Augusta, Georgia, under the present City of Augusta street numbering system. And All that lot or parcel of land with improvements thereon, situate, lying and being in the City of Augusta, Georgia, on the North side of Gwinnett Street (now Laney-Walker Boulevard), and fronting thereon a distance of 40 feet, more or less, and running back of equal width a distance of 77 feet, more or less, being known and designated on the Augusta, Richmond County Tax Assessors Map as Lot No. 119-A of Map 59.2, and reference is made to said map for a more complete description as to metes, bounds and location. The above described premises is known under the present system of street numbering in use in the City of Augusta, Georgia, as 823-25 Laney Walker Boulevard. . . . , ,...-- . ""'" Book 00799:0419 Augusta - Richmond County 2002022282 07ti 1/2002 14:58:53.00 And All improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia and fronting Fifty feet more or less on the West side of Eight Street and extending back between parallel lines a distance of 170 feet, more or less the property is bounded all now or formerly: North by land of shell Tutt; East by Eighth Street; South by Randall and Hattie Johnson; and West by property of John W. Crawford and James W. Golikely the improvements are known as 1123 Eighth Street. And All that lot or parcel of land, with improvements thereon, situate, lying and being in Augusta, Georgia, fronting 20.13 feet, more or less, on the North side of Laney-Walker Boulevard, formerly known as Gwinnett Street, between 8th and 9th Streets, and running back in a Northwardly direction between parallel lines a distance of 85 feet, more or less. Said property being known under the present numbering system of Augusta, Georgia, as 813 Laney Walker Boulevard. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, fronting 40 feet, more or less, on the North side of Laney-Walker Boulevard, formerly known as Gwinnett Street, between 8th and 9th Streets, and running back in a Northwardly direction between parallel lines a distance of 85 feet, more or less. Said property being known under the present numbering system of Augusta, Georgia, as 809-811 Laney-Walker Boulevard. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, fronting 48.70 feet, more or less, on the East side of Summer Street and extending back be~een parallel lines distance of 82.40 feet, more or less, and being known under the present numbering system of Augusta, Georgia, as. 1134-36 Summer Street. . And . All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, on the Northeast corner of the intersection of Laney Walker Boulevard and extending back on its Western boundary along Summer Street a distance of 77.6 feet and on its Eastern boundary a distance of 78.4 feet, with a rear width of 36.25 feet and known under the present street numbering system of Augusta, Georgia, as 839 Laney Walker Boulevard. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, on the Northwest corner of Eighth Street (formerly known as Jackson Street) and Laney Walker Boulevard (formerly known as Gwinnett Street), and running back of even width in a Westerly direction 94'6", more or less and known under the present street numbering system of Augusta, Georgia, as 1141-43 Eighth Street. And All that lot or parcel of land, with all improvements thereon, situate, 1 ying and being in Augusta, Georgia, on the West side of Eighth Street (formerly known as Jackson Street), having a front of 50 feet, more or less on Eighth Street and running back of even width a distance of 170 feet, more or less, and is known under the present street numbering system of Augusta, Georgia, as 1129-1129 ~ Eighth Street. r ""' /' Book 00799:0420 Al!9usta - Richmond County 2002022282 07/11/2002.14:58:53.00 .. .,; . . EXHIBIT liB" AGREEMENT BETWEEN AUGUSTA, GEORGIA AND LANEY WALKER DEVELOPMENT CORPORATION THIS AGREEMENT, made and entered into this Cj l!1. day of ~ 2002. by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia with its address at 530 Greene Street, Augusta, Georgia 30911 (hereinafter, GRANTOR) and Laney Walker Development Corporation (hereinafter, GRANTEE) with its address at 821 Laney Walker Boulevard, Augusta, Georgia 30901. WHEREAS, GRANTOR owns the properties described on Exhibit "A" attached hereto and made a part hereof (the "Properties") which were acquired from various owners by deeds which are recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia; and WHEREAS, the Properties were acquired with Community Development Block Grant Funds for the improvement of the lANEY WALKER DISTRICT, and WHEREAS, GRANTOR has designated the Properties to be utilized for Phase II of the Armstrong-Galleria Shopping Center and GRANTEE has promised inter alia to construct, lease, operate and maintain said Galleria in such a manner that is acceptable to GRANTOR; and WHEREAS, GRANTOR and GRANTEE (the "Parties") desire to enter into a contract to document the objectives, terms, conditions and restrictions regarding the conveyance of the Fee Simple title in Trust from GRANTOR to GRANTEE; NOW THEREFORE, for and in consideration of One and no/lOO Dollar ($1.00) and the mutual promises, the public purposes and the acknowledgments and agreements contained herein ,.' .. .~I ." ~. .. .... Book 00799:0421 Augusta - Richmond County 200202228207/11/2002 14:58:53.00 together with other good and adequate consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: I. PROPERTY TRANSFER A. Pursuant to this Agreement GRANTOR will convey to GRANTEE the properties described on Exhibit "A" and GRANTEE shall execute and deliver a Deed to Secure Debt obligating itself to comply with the terms of this Agreement. II. GRANTEE'S OBLIGATION AND DUTIES A. Use of Properties - as a part of the consideration for the conveyance of the properties, GRANTEE accepts the properties "as is", and agrees to be responsible for the construction, site control, operation and maintenance of Phase II of Armstrong-Galleria. B. GRANTEE further agrees that the architectural and site plans shall be approved by GRANTOR prior to the initial start of construction and the construction shall be completed within 18 months from date of approval of said plans. In the event GRANTEE fails to complete construction within the time period, or to obtain an extension of time in writing then GRANTOR shall be free to exercise all options at its disposal. C. If the properties are used for purposes other than as a shopping center as provided in subparagraph D, GRANTOR has a right to require specific performance of this Agreement and/or require the properties be returned to the GRANTOR as shall be provided in the Limited Warranty Deed to GRANTEE. D. GRANTEE agrees that the properties shall be used as a shopping center for a period of ten (10) years following completion of construction, unless otherwise mutually agreed between the parties. Page 2 of 7 , .' . ~'. :.... Book 00799:0422 Augusta - Richmond County 200202228207/11.12002 14:58:53.00 """ E. GRANTEE agrees it is its responsibility to obtain all necessary permits and comply with all local state and federal requirements and the City will use its best efforts to ensure the timely issuance of all permits and licenses required by the construction under the jurisdiction of the City. III. AUDIT AND ACCOUNTING Pursuant to this Agreement GRANTEE shall provide, at its own expense an annual audit of its management of Phase II of Armstrong-Galleria. The annual audit is to be conducted in accordance with generally accepted accounting principles. IV. RELATIONISHIP No agency relationship is created by this Agreement and neither GRANTEE nor its . . employees are agents or representatives of GRANTOR. V. TERM This Agreement commences as of the date referenced above and it shall continue for a period of ten (10) years following substantial completion of construction, unless otherwise terminated pursuant with the terms contained herein. VI. ADDTIONAL TERMS AND CONDITIONS A. GRANTEE certifies that it has full power and authority to enter into and perform this Agreement, and that its officers signing on behalf of GRANTEE have been properly authorized and to do so. B. GRANTEE further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. C. This Agreement contains the entire subject matter and supersedes all other prior and contemporaneous agreements and understandings between the parties related to these Page 30f7 r '. .. . .~ :.t~ Book 00799"!)423 ,A'.Jgusta - Richmond County 200202228207/11/2002 14:58:53.00 properties. This Agreement may be modified.only by mutual consent of the parties. Any modification must be in writing and signed by both parties. D. GRANTEE shall not assign its right, title or interest hereunder or delegate any of its duties or obligations without the express written consent of GRANTOR; provided however, GRANTEE shall be permitted to pledge by deed to secure debt, mortgage, or otherwise, the properties as security for any loan in connection with the development or construction of Phase II of Armstrong-Galleria and GRANTOR shall subordinate this Agreement to such loan. E. Any failure by GRANTOR to enforce performance by the GRANTEE of any provision of this Agreement shall not impact or affect the right of GRANTOR to thereafter strictly enforce this Agreement, nor shall any action of GRANTOR be construed as a waiver of . . any breach or a modification or rescission of the Agreement. F. GRANTEE hereby attests that none of its officials have violated any applicable conflict of interest provisions, under either state law or under any applicable local ordinance, charter, rule, or regulation and that they shall comply with the same throughout the term of this Agreement. G. Time is of the essence of this Agreement. H. Severability. In the event that any of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remainder of the Agreement shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. Page 4 of7 '. " . r "" .. , .. r~ Book 00799:04.24 Augusta - Richmond County 200202228207/11/2002 14:58:53.00 I. Heading. The use of heading, captions and numbers in this Agreement is solely for the convenience of identifying and indexing the various provisions and shall in no event be considered otherwise in construing or interpreting any provision in this Agreement. J. Relationship of Parties. No express or implied term or conditio~ or shall be deemed, to constitute GRANTOR and GRANTEE as partners or joint ventures. COVENANTS OF GRANTEE 1. GRANTEE agrees to pay before they shall become past due all taxes on the properties provided, however, that GRANTEE shall be permitted to withhold the payment of any taxes, which GRANTEE is actively contesting in good faith for so long as such non-payment does not have a materially adverse effect. 2. To keep the properties in good repair and operating condition, and when necessary, to make such renewals, replacements and improvements to the property so that the business may be carried on at all times in a proper and efficient manner consistent with prudent business management. 3. To obtain at GRANTEE's expense, such insurance as may reasonably be required, including but not limited to, the following: 4. Hazard Insurance - Fire and extended coverage insurance and such other hazard insurance as may be required, all property, which is of an insurable character. 5. Public Liability and Workmen's Compensation Insurance - a certificate from an insurance company indicating that GRANTEE and all contractors with GRANTEE are covered by Page 5 of 7 " ... .... .....J~ ,'-- " Book 00799:0425 Augusta - Richmond County 200202228207/11/2002 1'4:58:53.00 public liability and workmen's compensation insurance in an amount customary in similar situations or as required by law. 6. To permit GRANTOR and its representative and agents to enter upon GRANTEE'S properties at any reasonable time upon 24 hours notice and to inspect same except in cases of emergency and to cooperate with GRANTOR and its representatives and agents during such inspection. 7. To furnish during the construction period to GRANTOR all instruments, documents, certificates, business plans, appraisals, insurance, reports and agreements and each and every other document and instrument required to be furnished to GRANTOR by the terms of this Agreement 8. To do and execute all and such further lawful and reasonable acts, conveyances and assurances for the better and more effective carrying out of the intents and purposes of this Agreement. VII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall comprise but a single instrument. VIII. GOVERNING LAW This Agreement is made under and shall be governed by and construed pursuant to the laws of the State of Georgia. IX. NOTICES All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: Page 6 of 7 . '. . . ;....~ .~' Book 00799:0426 Augusta - Richrhond Coun~ 200202228207/11/2002 14:58:53:00 If to GRANTOR: CITY ADMINISTRATOR SUITE 801 530 GREENE STREET AUGUSTA, GEORGIA 30910 With copy to: AUGUSTA-RICHMOND COUNTY HOUSING & NEIGHBORHOOD DEVELOPMENT ONE 10TH STREET, SUITE 430 AUGUSTA, GEORGIA 30901 If to GRANTEE: LANEY WALKER DEVELOPMENT CORPORATION 851 LANEY WALKER BOULEVARD AUGUSTA, GEORGIA 30901 The GRANTOR' and the GRANTEE may, by notice given to all parties to this Agree!Dent, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first wri tten above. LANEY- WALKER DEVELOPMENT CORPORATION AUGUSTA, GEORGIA Attest: ,BY: Sworn to and subscribed before me this q~ day of ~ ,2002 ~c I. b~ Sworn to and subscribed before me ?J day of , 2002 Notary Public, Richmond County, Georala My Commission Explres May 23, 2006 Notar Public ? L_ f Wi ~__!s"~"'''''''' <l?~~ i/sD~2- Page 7 of 7 r .--..,. Filed in this office: Augusta - Richmond County 07/11!?,no? 14"5R:53 nn r -- -- - ._---- - . Elaine C .Johnson "' ; . " : i'. ~ , ... '.. - '. '" ,," .' ...... Book 00799:0409 Augusta - Richmond County 2002022281 07l11f2002 14:58:52.00 $18.00 WARRANTY DEED 1111111 IIIIIUII 11111 11111 11111111111111111111181111111111 2002022281 Augusta - Richmond County Return to: Harry B. James, III 407 Sixth Street Augusta, Georgia 30901 STATE OF GEORGIA ) ) ) LIMITED WARRANTY DEED COUNTY OF RICHMOND THIS INDENTURE, made as of this q'.fu.. day of July, 2002 by and between AUGUSTA, GEORGIA, a political subdivision ofthe State of Georgia by and through the AUGUSTA-RICHMOND COUNTY COMMISSION, as party of the first part, and the lANEY - WALKER DEVEWPMENT CORPORATION, as party of the second part; WITNESSETH: '\ That the said party of the first part, for and in consideration of the sum of One Dollar in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said party of the second part, its successors and assigns, the following described property, to-wit: All that lot or parcel of land with all improvements thereon, situate, lying and being in the City of Augusta, County of Richmond, State of Georgia, fronting a distance of 20 feet on the East side of Summer Street and extending back between parallel lines a distance of 160 feet to a rear width of 20 feet on its Eastern boundary line and being more particularly shown and designated on a certain plat made for Y. P. McQueen by Cranston & Associates, Registered Land Surveyors, dated July 23, 1965, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Book 31-T, page 196, specific reference being made to said plat for a more complete and accurate description of said lot of land, its exact location, dimensions, metes and bounds. Said lot of land is bounded as follows: North by property now or formerly of Walker and property now or formerly of Childs; South by property now or formerly of Jones; and West by the Summer Street. The improvements upon the above described premises are known under the present system of house numbering in the City of Augusta as No. 1132 Summer Street. And All that lot or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, and City of Augusta, on the North Book 00799:0410 Augusta - Richmond County 2002022281 07/11/2002 14:58:52.00 side of Gwinnett Street, (now Laney-Walker Boulevard) between Eight and Ninth Streets, fronting twenty (20) feet on Gwinnett Street (now Laney-Walker Boulevard) and extending back for a distance of eighty-seven (87) feet; the improvements on the said property being known under the present system of numbering houses in the City of Augusta, Georgia as 815 Gwinnett Street (now Laney-Walker Boulevard). And - All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, with the improvements thereon being known by the present system of numbering in the City of Augusta as 1131 Eight Street as shown on a plat prepared for Paul W. Gardner by B.J. Blender, Jr., R.P.L.S., P.C. dated July 21, 1986, and by reference made a part hereof. Being a portion of the same property described in a deed from John P. Maben, Jr. To Valerie R. Maben, dated March 20, 1985, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Reel 200, page 997. And All that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, with the improvements thereon being known by the present system of numbering in the City of Augusta as 1133 Eight Street as shown on a plat prepared for Paul W. Gardner by RJ. Blender, Jr., R.P.L.S., P.C. dated Novembe"r 22, 1986, which is attached hereto and by reference made a part hereof. Being a portion of the same property described in a deed from John R. Maben, Jr. To Valerie R. Maben, dated March 20, 1985, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Reel 200, page 997. And All that tract, lot or parcel uf land, with all improvements thereon, situate, lying and being in Augusta, Richmond County, Georgia, and being located on the West side of 81h Street, fronting on 81h Street a distance of 40 feet, more or less, and extending back between parallel lines for a distance of 100 feet, more or less. Said property is bounded now or formerly as follows: On the North by property of William McAuliffe: East by 81h Street; South by Estes and Roberts; and West by property of Johnson and Berrien. This is the same property described in a deed from Lillian Ada Samuels Kelson to Robert Dupree Samuels, dated December 23, 1987, recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, on Realty Reel 278; page 597-598. The improvements on said property under the present system of street numbering in the City of Augusta is 1137 Eight Street, Augusta, Georgia. And All that lot of land with improvements thereof, #1130 Summers Street, in Augusta, Richmond County, Georgia, fronting twenty (20) feet on the East side of Summers Street, and extending back of even width one hundred sixty (160) feet, more or less, and bounded: North, now or formerly, by McCarthy; East by Wigfall; South, now or formerly, of McCreary; and West by Summers Street, being same property conveyed to party of First part by Deed recorded in the Clerk's Office, Richmond County Superior Court, in Realty Book 14 C's, pages 506-507. And All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, on the North side of Laney-Walker Boulevard, formerly known as Gwinnett Street, fronting thereon a distance of 40 feel, more or less, and extending back between parallel Book 00799:0411 Augusta - Richmond County 2002,022281 07/11/2002 14:58:52.00 lines a distance of 150 feet, more or less, to a rear width of 40 feet, more or less and being bounded as follows: on the North by property, now or formerly, of the Estate of Jerry O'Connor; all the East by property, now or formerly, of Wilkins; on the South by Laney-Walker Boulevard, formerly known as Gwinnett street, and on the West by property, now or formerly of Laura and Ethel Whitaker. This is the same property conveyed to Walter L. Jonesby deed of W. B. Bridges recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Deed Book 24-D, pages 538-539. The improvements on said property are presently known as 817 Laney-Walker Boulevard under the present system of house numbering of Augusta, Georgia. .' And All that lot of land with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia on the North side of Gwinnett (now Laney-Walker Boulevard) Street, between Jackson Street and Summer Street, fronting on Gwinnett (now Laney-Walker Boulevard) Street a distance of 40 feet, more or less, and running back toward Hopkins Street a distance of 125 feet, more or less. Being known according to the present system of city numbering as 821 Laney-Walker Boulevard, and being the same property conveyed to James, A. Young, III, Pauline E. Young and Felisa P. Young by Warranty Deed from Laney Walker Museum, Inc. and recorded in Realty Reel 153 at pages 467-468, in the Office of the Clerk of the Superior Court of Richmond County, Georgia. And All that lot or parcel of land improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia and being under the system of house numbering presently in use in the City of Augusta, Georgia as 1128 Summer Street. The property herein conveyed is the same property described in a Deed between Martha Stewart and Mildred L. Bennings which Deed is recorded in the Office of the Clerk of Superior Court, of Richmond County, Georgia in Realty Book 28-Y, pages 671-672 and also described in an Affidavit respecting title to real estate with Affidavit is recorded in Realty Reel 111, pages 1116-1118. And All that lot or parcel of land, situate, lying and being in Augusta, Richmond County, 'Georgia, on the East side of Summer Street, between Hopkins & Gwinnett Streets (n/kJa Laney Walker Blvd.) having a frontage on Summer Street of forty (40) feet and running back between parallel lines a distance of one hundred and eighty-two (182) feet; Bounded on the North by Carrie Bowen; South by James W. Golikley; West by Summer Street, and East by Mrs. E. F. Miller. Being a portion of what is known and designated as lot number twenty- two (22) on plat attached to deed and recorded in Book 5 Q's, page 322, being also designated as Lot No. 27 on Block 72, Ward No.2 of plat book of the City of Augusta for 1927. The improvements on said property are presently known as 1122 Summer Street under the present system of house numbering of Augusta, Georgia. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, and being known under the present street numbering system of Augusta as 1124 Summer Street, having a front on Summers Street of Thirty-Nine and Eight-Tenths (39.8) feet, and extending back of equal width a distance of One Hundred Sixty (160) feet, more or less, Bounded: North by other property now or formerly of Joseph J. O'Connor; East by property now or formerly of Mrs. Muller, and by Randall and Hattie Johnson; South by property now or form~rly of Annie McCarty; and West by Summer Street. ;. . ~ . Book 00799:0412 Augusta - Richmond County 2002022281 07/11/2002 14:58:52.00 And All that lot or parcel of land situate, lying and being in the City of Augusta Richmond County, Georgia, on the West side of Jackson Street (8Ih) between Hopkins and Gwinnett Streets, (n/k/a Laney Walker Blvd.) having a frontage on said Jackson Street of 63 feet and extending back of even width 170 feet towards Eighth Street. Said property is bounded as follows: North by Lot now or formerly of Mrs. Ella T. Miller; East by Jackson Street; South by lot now or formerly of Dennis Wigfall; West by property now or formerly of Patrick McCarty and J. J. O'Connor. The improvements on said property are now known as 1125 Eighth Street, Augusta, Georgia, under the present City of Augusta street numbering system. And All that lot or parcel of land with improvements thereon, situate, lying and being in the City of Augusta, Georgia, on the North side of Gwinnett Street (now Laney-Walker Boulevard), and fronting thereon a distance of 40 feet, more or less, and running back of eGual width a distance of 77 feet, more or less, being known and designated on the Augusta, Richmond County Tax Assessors Map as Lot No. 119-A of Map 59.2, and reference is made to said map for a more complete description as to metes, bounds and location. The above described premises is known 'under the present system of street numbering in use in the City of Augusta, Georgia, as 823-25 Laney Walker Boulevard. And All improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia and fronting Fifty feet more or less on the West side of Eight Street and extending back between parallel lines a distance of 170 feet, more or less the property is bounded all now or formerly: North by land of shell Tutt; East by Eighth Street; South by Randall and Hattie Johnson; and West by property of John W. Crawford and James W. Golikely the improvements are known as 1123 Eighth Street. And All that lot or parcel of land, with improvements thereon, situate, lying and being in Augusta, Georgia, fronting 20.13 feet, more or less, on the North side of Laney-Walker Boulevard, formerly known as Gwinnett Street, between 81h and 91h Streets, and running back in a Northwardly direction between parallel lines a distance of 85 feet, more or less. Said property being known under the present numbering system of Augusta, Georgia, as 813 Laney Walker Boulevard. And All that lot or parcel of lanci, with all improvements there.on, situate, lying and being in Augusta, Georgia, fronting 40 feet, more or less, on the North side of Laney- Walker Boulevard, formerly known as Gwinnett Street, between 81h and 91h Streets, and running back in a Northwardly direction between parallel lines a distance of 85 feet, more or less. Said property being known under the present numbering system of Augusta, Georgia, as 809-811 Laney-Walker Boulevard. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, fronting 48.70 feet,. more or less, on the East side of Summer Street and extending back between parallel lines distance of 82.40 feet, . . Book 00799:0413 Augusta - Richmond County 2002022281 07/11/2002 14:58:52.00 ~ ." ~ , more or less, and being known under the present numbering system of Augusta, Georgia, as 1134-36 Summer Street. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, on the Northeast corner of the intersection of Laney Walker Boulevard and extending back on its Western boundary along Summer Street a distance of 77.6 feet and on its Eastern boundary a distance of 78.4 feet, with a rear width of 36.25 feet and knoyvn under the present street numbering system of Augusta, Georgia, as 839 Laney Walker Boulevard. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, on the Northwest corner of Eighth Street (formerly known as Jackson Street) and Laney Walker Boulevard (formerly known as Gwinnett Street), and running back of even width in a Westerly direction 94'6", more or less and known under the present street numbering system of Augusta, Georgia, as 1141-43 Eighth Street. And All that lot or parcel of land, with all improvements thereon, situate, lying and being in Augusta, Georgia, on the West side of Eighth Street (formerly known as Jackson Street), having a front of 50 feet; more or less on Eighth Street and running back of even width a distance of 170 feet, more or less, and is known under the present street numbering system of Augusta, Georgia, as 1129-1129 ~ Eighth Street. TO HAVE AND TO HOLD the said described properties, with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of the said party of the second part, its 8uccessors 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 properties unto the said party of the second part, its successors and assigns, against the lawful claims of all persons owning, holding or claiming by, through or under the said party of the first part. IN WITNESS WHEREOF, the said party of the first part has caused same to be executed by the proper officials, with affixed seal and delivered these presents the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: ~nt# t) 0]nofficial ~tness) .:,~:~.~ ;';'.'i~~;:;;<.. . .~.. ..~.... . ~" '" ./i~. J:loe1W/P.~)ic~-:, . .~. ~ J1 : Rich.lJlo~d Co~~ y:; Georgia . ,'.' C.;' :: ./1':'. fJ U .:~ \.- \ .J.. .~. : .-\..p '{>MY .G.,9mm.~s~!~h.Expires: ~. ..~'~"I,:..~'.....::,,..,:~, ...... . : ~ "':AIchmond CDuIIt.v. Georgia l' . filly COmmission .E~1re8 JIft. 4. 2001 h;~~I;;' , By: ......0; ..,',OJ, ....".1. '>i; ..v.a, I, ',. .....:.>..,;,'..< ,. ;1,C:,:;. _. I':. I. .t::' . . .: i,:,' : .,,, 0,.... . . . ~ . '~:J . ...... ~ i :'.... . ........ ....:: ."''' .:j' '. lw I, '(Seal) "',....;.,,;i.:~~ . .. . c' . '..: :~.:.! ~;:: :';:~"f~.. ". : .'~ : . ~. ,,"\0. '':; (. ',,'iI' ...:.,.. . . l,.:rt. 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