HomeMy WebLinkAboutAcquisition from Anderson Equipment Rental Company
Augusta Richmond GA
DOCUMENT NAME: ~ l?t V I :0. j 7 i 000 ~e;, 1""1 tl '" De:~S"N E~ u 'f'" ec,,-,-r
RE.-N \AL,. CO rY)(JANt
DOCUMENT TYPE:
YEAR: ;;:2.DD ~
BOX NUMBER: J ~
FILE NUMBER: ) ~ 7 0 7
NUMBER OF PAGES:
40
BOB YOUNG
Mayor
RICHARD L. COLCLOUGH
Mayor Pro Tern
. c3~~ It- 7 t17
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY A TIORNEY
AUGUSTA LAW DEPARTMENT
LEE BEARD
TOMMY BoYLES
ULMER BRIDGES
ANDY CHEEK
BODDY G. IIANKERSON
WILLIAM B. KUHLKF.., JR.
WM. UWILUE" II. MAYS,III
STEPIIEN E. SIIEPARD
MARION WILUAMS
STAFF ArrORNEYS
V ANESSA FLOURNOY
SPARTICUS HEYWARD
GEORGE R. KOLB
Administrator
April 4, 2003
Please Reply to:
P.O. Box 2125
Augusta. GA 30903
(706) 821-2488
Fax (706) 722-5984
jwaI1@co.richmond.ga.us
Ms. Lena Bonner
Clerk of Commission
City-County Municipal Building
530 Greene Street; 8th Floor
Augusta, Georgia 30911
Dear Lena:
Re: Acquisition from Anderson Equipment Rental Company, LLC
In connection with the above referenced closing, please find enclosed the
following:
vi
/3.
/4.
/5.
/'6.
1. -
Original Closing Statement;
Original Limited Warranty Deed from Anderson Equipment Rental
Company, LLC to Augusta, Georgia which has been recorded in Book
843, at page 2308;
Copy of the Bill of Sale from Augusta, Georgia to Anderson;
Copy of the Lease Agreement between Augusta, Georgia and Anderson
that has been recorded in Book 843, at page 2319;
Copy of Limited Warranty Deed from Augusta, Georgia to Anderson
Equipment Rental Company, LLC that has been recorded in Book 843; at
page 2313;
Augusta, Georgia's Title Insurance Commitment and Policy incident to his
acquisition; and
.I
.----
Page Two
Ms. Lena Bonner
April 4, 2003
7. The original Encroachment Agreement between Augusta, Georgia and
Anderson Equipment Rental Company, LLC that has been recorded in
Book 843, at page 2317.
Please contact me should you have any questions regarding this transaction and
the documents provided herein.
With kindest personal regards, I am
Very
Harry D. Revell
HDR/mmc
Enclosures
Please return to:
Book 00843:2319 Augusta - Richmond County
200300855303/131200316:26:44.05
$34.00 LEASE
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2003008553 Augusta - Richmond County
A. Zachry Everitt
Dye, Tucker, Everitt, Long & Brewton, P.A.
P. O. Box 2426
Augusta, Georgia 30903
........ ..-----~~...........****************************************
INDENTURE OF LEASE
TillS INDENTURE, made and entered into as the 5th day of March,
2003, by and between AUGUSTA, GEORGIA, a municipality of the State of
Georgia, as Lessor, and ANDERSON EQUIPMENT RENTAL COMPANY,
L.L.C., a Georgia limited liability company, as Lessee;
WIT N E SSE T H:
F or and in consideration of the mutual covenants and considerations
herein set forth, Lessor and Lessee agree as follows.
1. Definitions. For the purposes of this Lease, the following
defined terms shall have the meanings ascribed thereto in this Article 1.
"Act of Default" means those events, occurrences and circumstances
so designated in Section 8.1.
"Entity" means any person, corporation, partnership (general or
limited), joint venture, association, joint stock company, trust or other business
entity or organization.
"Existing Improvements" means the water tank, existing building and
associated fixtures located on the Land.
1
i
.
Book 00843:2320 Augusta - Richmond County
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"Expire", "Expired" or "Expiration" mean the expiration of the Term
of this Lease by reason of lapse of time, and not by reason of any Act of Default.
"Extended Term" means the period of time commencing at midnight,
local time in the City of Augusta, County of Richmond, State of Georgia, on
January 1,2053, and ending (that is, scheduled to Expire) at midnight, local time in
the City of Augusta, County of Richmond, State of Georgia, on December 31,
2077, for which Lessee shall have the option to renew and extend this Lease,
subject to the requirements of Section 2.3 and subject to Termination prior to
scheduled Expiration as provided in this Lease.
"Improvement" means, the Existing Improvements and without
Limitation, collectively, any and all buildings, structures and other permanent
improvements to the real estate of every nature, character and description located,
as of the date hereof or thereafter, on the Land or (if the context hereof so
indicates) portions thereof, and any and all fixtures located therein and owned by
Lessee and specifically including duct work and heating, ventilating and air
conditioning equipment and machinery.
"Land" means all that tract or parcel of land lying and being in the
County of Richmond, State of Georgia, and being more particularly described in
Exhibit "A" attached hereto and by reference made a part hereof.
"Lease" means this Indenture of Lease.
"Lease Year" means the successive periods of twelve (12) months
each, beginning the first (1st) day of January of each calendar year and ending on
the last day of December of each calendar year during the Primary Term and (if
applicable) the Extended Term, except for the initial Lease Year of the Primary
Term which shall begin on the date of this Lease and end December 31, 2003.
"Leased Property" means, as of the date of this Lease, the Land.
"Leasehold Mortgage" means any deed to secure debt, security deed,
mortgage, security agreement or other instrument in the nature thereof at any time
and from time to time constituting a lien upon the leasehold estate of Lessee
created hereby but not upon the reversionary fee estate of Lessor in the Leased
Property.
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"Leasehold Mortgagee" means the holder or, collectively, the holders
of a Leasehold Mortgage.
"Lessee" means Anderson Equipment Rental Company, L.L.C. as the
lessee under this Lease and the successors and permitted assigns thereof.
"Lessor" means Augusta, Georgia as the lessor under this Lease and
the successors and assigns thereof.
"Notice" means a written advice or notification required or permitted
by this Lease, as more particularly provided in Section 9.2.
"Parties" means all parties to this Lease; that is, Lessor and Lessee.
"Party" means any party to this Lease; that is, Lessor or Lessee.
"Primary Term" means the period of time constituting the initial term
of this Lease, commencing on the date of this Lease and ending (that is, scheduled
to Expire) at midnight, local time in the City of Augusta, County of Richmond,
State of Georgia, on December 31, 2052, subject to Termination prior to scheduled
Expiration as provided in this Lease.
"Term" means, as the context may require, the Primary Term and, if
Lessee has exercised the option of Lessee described in Section 2.3, the Extended
Term.
"Terminate", "Terminated" and "Termination" mean the termination
of the Term of this Lease by reason of an Act of Default, and not by reason of
lapse of time.
"Transfer" means any transfer, sale, conveyance, grant, assignment,
encumbrance, pledge, hypothecation or other disposition.
2. Lease of Property-Term of Lease.
2.1 Lease. Lessor, in consideration of the rents, covenants,
agreements and conditions herein set forth, which Lessee hereby agrees shall be
paid, kept and performed by Lessee, does hereby lease, let, demise and rent to
Lessee, and Lessee does hereby rent and lease from Lessor all right, title and
interest of Lessor in and to the Leased Property.
3
Book 00843.2322 A
2003008553 03~lt3ta/2- ROichmond County
03 16:26:44.05
TO HAVE AND TO HOLD the Leased Property and all rights,
privileges and appurtenances thereunto appertaining unto Lessee, for and during
the Term, unless sooner Terminated in accordance with any of the provisions of
the Lease.
2.2 Relocation. Lessor shall have the right to substitute other
property for the Leased Property at any time during the Term or Extended Term
with the prior written approval of Lessee, which approval shall not be
unreasonably withheld.
2.3 Term. The initial term of this Lease shall be the Primary Term.
Provided that Lessee is not then in default hereunder, Lessee shall have the option
to renew and extend this Lease for the Extended Term. The option for the
Extended Term may be exercised by Lessee giving Notice thereof to Lessor not
earlier than two (2) years prior to the scheduled Expiration of the Primary Term,
but not prior thereto, and not less than one (1) year prior to the scheduled
Expiration of the Primary Term, but not thereafter. Notwithstanding the foregoing,
however, the Primary Term or the Extended Term, as the case may be, shall
immediately terminate at such time as Lessor shall provide potable water of
sufficient volume and pressure to support the fire protection system in Lessee's
property and improvements located at 326 Prep Phillips Drive in Augusta, Georgia.
3. Rent.
3.1 Rent. Rent (the "Rent") for the entire Primary Term of this
Lease consist of the conveyance by Lessee to Lessor of three (3) real properties on
Walker and Ninth Streets in Augusta, Georgia, in exchange for property on Prep
Phillips Drive in Augusta, Georgia, and the leasehold estate established by this
ground lease. Lessor and Lessee each acknowledge the receipt of such
consideration and its adequacy as rent for the entire Primary Term.
3.1.1 Rent for Extended Term. The Rent for each Lease Year
during the Extended Term shall be One Hundred and no/lOO ($100.00) Dollars per
year payable in advance on or before the lOth day of January of each year.
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Book 00843:2323 Augusta - Richmond County
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4. Improvements.
4.1 Title to Improvements. Title to all Improvements and all
equipment, fixtures and machinery therein or thereon shall be and remain in Lessee
during the Term. Lessee hereby Transfers to Lessor all of Lessee's right, title and
interest in and to all Improvements and all such property now or hereafter situated
on, below or above the Land, provided, however, such conveyance shall not be
effective until the Expiration or Termination of this Lease, whichever occurs first.
5. Acceptance, Use and Alteration.
5.1 Acceptance. Lessee has leased the Leased Property after a full
and complete physical examination thereof and accepts the same in the physical
condition or state in which the Leased Property now is held without any
representation or warranty, express or implied in fact or by law, by Lessor and
without recourse against Lessor, as to the physical nature, condition or usability
thereof.
5.2 Use. Lessee shall not use or occupy, or permit the use or
occupancy of, the Land or the Improvements, and not do or permit anything to be
done in or to the Land or the Improvements, in whole or in part, in a manner which
(i) would in any way make void or voidable any insurance then in force with
respect thereto, or (ii) may make it impossible to obtain (at standard rates therefor)
fire or other insurance thereon required to be furnished by Lessee hereunder, or
(iii) might constitute a public or private nuisance or offensive conduct or
circumstances, whether or not constituting a nuisance.
6. Insurance.
6.1 Coverage. During the Term, Lessee, at no cost and expense to
Lessor, will keep and maintain general public liability insurance protecting and
indemnifying Lessee and Lessor against any and all claims for damages to person
or property or for loss of life or of property occurring upon, in or about the Land
and the Improvements and the adjoining streets, other than streets dedicated to the
public and accepted for maintenance by the public, such insurance to afford
immediate protection to the limit of not less than One Million ($1,000,000.00)
Dollars in respect of bodily injury or death to anyone person, and to the limit of
not less than One Million ($1,000,000.00) Dollars in respect to anyone accident,
and to the limit of not less than One Hundred Thousand ($100,000.00) Dollars for
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Book 00843:2324 Augusta - Richmond County
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property damage with not more than One Hundred Thousand ($100,000.00)
Dollars deductible.
6.2 Insureds. Insurance to be provided by Lessee shall name Lessee
and Lessor as insureds as their respective interests may appear.
7. Assignments, Subleases and Mortgages.
7.1 Assignments. Lessee shall be entitled to Transfer all or any part
of (i) the leasehold estate created by this Lease, (ii) the rights, powers, privileges,
benefits, interests, obligations and options of Lessee under this Lease and/or (iii)
the Improvements or any interest or estate therein without the prior approval of
Lessor.
8. Defaults.
8.1 Acts of Default. The occurrence of any of the events, acts or
circumstances described in Subsections 8.1.1 through 8.1.5 shall be and constitute
an Act of Default under this Lease.
8.1.1 Failure in Payment. Failure by Lessee to pay in full any
Rent, insurance premium or other charge payable under this Lease on the date
upon which such ought to be paid, and the continuance of such failure for thirty
(30) days after Lessor has given Lessee Notice of such failure.
8.1.2 Failure in Performance. Failure by Lessee to observe,
perform or comply with any of the terms, covenants, agreements or conditions
contained in this Lease (other than as specified in Subsection 8.1.1), and the
continuance of such failure for thirty (30) days after Lessor has given Lessee
Notice of such failure, unless Lessee has commenced to cure such failure within
such period of thirty (30) days and has been prevented from completing such cure
by circumstances contemplated by Section 8.2, and then only if Lessee diligently
and continuously prosecutes to completion such cure at the earliest possible date
allowed by circumstances contemplated by Section 8.2.
8.1.3 Insolvency. The insolvency of Lessee.
6
Book 00843:2325 Au
2003008553 03~1~~2~;Ochmond County
3 16:26:44.05
8.1.4 Abandonment. The desertion, vacation or abandonment
of the Land or the Improvements by Lessee, regardless of whether or not Lessee
continues to pay all stipulated Rent and other charges payable under this Lease.
8.1.5 Levy. The Land or the Improvements or Lessee's interest
therein are levied upon or attached under process against Lessee and not satisfied
or dissolved within ninety (90) days after Notice from Lessor to Lessee to obtain
satisfaction thereof
8.2 Force Majeure. For the purposes of any of the provisions of
this Lease, except such provisions as require or concern the payment of monies,
neither Lessor nor Lessee, as the case may be, shall be considered in breach of, or
default in, the obligations thereof with respect to this Lease in the event of
enforced delay in the performance of such obligations due to unforeseeable causes
beyond the control and without the fault or negligence thereof, including, but not
restricted to, acts of God, acts of the public enemy, acts of the Federal
Government, acts of the other Party, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and unusually severe weather or delays due
to such causes; it being the purpose and intent of this Section 8.2 that in the event
of the occurrence of any such enforced delay, the time or times for performance of
the obligations of Lessor or Lessee, as the case may be, with respect to this Lease
shall be extended for the period of the enforced delay; provided, that the Party
seeking the benefit of the provisions of this Section 8.2 shall, within thirty (30)
days after the beginning of any such enforced delay, have first advised the other
Party thereof by Notice, and of the cause of causes thereof, and requested an
extension for the period of the enforced delay.
8.3 Remedies. Whenever any Act of Default shall have happened,
Lessor may, to the extent not prohibited by law, take anyone or more of the
remedial steps described in Subsections 8.3.1 through 8.3.3.
8.3.1 Taking of Possession. Lessor may reenter and take
possession of the Land and the Improvements without Terminating this Lease, and
sublease in their entirety the same for the account of Lessee.
8.3.2 Termination. Lessor may Terminate the Term and this
Lease, exclude Lessee from possession of the Land and the Improvements.
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Book 00843:2326 Augusta - Richmond County
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8.3.3 Enforcement. Lessor may take whatever action at law or
in equity may appear necessary or desirable to enforce performance and
observance of any obligation, agreement or covenant of Lessee under this Lease,
and to recover any or all damages to Lessor for Lessee's violation or breach of this
Lease.
8.4 Holding Over. Lessee hereby agrees to surrender possession of
the Land and the Improvements to Lessor upon the Termination or Expiration of
the Term and upon any reentry by Lessor as permitted by this Lease, and Lessor
may thereupon enter upon, reenter, possess and repossess the Land and the
Improvements, by force, summary proceedings, ejectment or otherwise, and may
dispossess and remove Lessee and all other Entities from the Land and the
Improvements and may have, hold and enjoy the Land and the Improvements and
the right to receive all rental and other income therefrom, free of any right or claim
of Lessee; but should Lessee, in breach of such covenant, refuse to surrender
possession and instead hold over, Lessee shall be only a tenant at sufferance and
not a tenant at will. Lessee hereby waives all right to notice, summons and service
of process now or hereafter provided by law in connection with dispossessory
proceedings against tenants holding over.
9. Miscellaneous Provisions.
9.1 Recording and Filing. This Lease shall be filed for recordation
in the Office of the Clerk of the Superior Court of Richmond County, Georgia, and
in such other location as may from time to time be provided by law as the proper
place for recordation of this Lease.
9.2 Notices. Each Notice shall be deemed to have been properly
given or served by the deposit of such with the United States Postal Service, or any
official successor thereto, designated as registered or certified mail, return receipt
requested, bearing adequate postage and addressed as hereinafter provided. Each
Notice shall be effective upon being deposited as aforesaid. The time period in
which a response to any such Notice must be given or any action taken with
respect thereto, however, shall commence to run from the date of receipt on the
return receipt of the Notice by the addressee thereof. Rejection or other refusal to
accept or the inability to deliver because of changed address of which no Notice
was given shall be deemed to be receipt of the Notice sent. In the event that
registered or certified mail is not being accepted for prompt delivery, each Notice
may then be served by personal service addressed as hereinafter provided. By
giving to the other party at least thirty (30) days Notice thereof, any party shall
8
Book 00843:2327 Augusta - Richmond County
2003008553 03/13/2003 16:26:44.05
have the right from time to time during the Term to change the addressees and/or
addresses thereof and to specify as the addressees and/or addresses thereof any
other address within the United States of America.
9.2.1 Notice to Lessor. Each Notice to Lessor shall be
addressed as follows:
530 Greene Street
Augusta, Georgia 30901
Attention: Mayor
With a copy to:
James B. Wall
Burnside, Wall, Daniel, Ellison & Revell
P. O. Box 2125
Augusta, Georgia 30903
9.2.2 Notice to Lessee. Each Notice to Lessee shall be
addressed as follows:
P. O. Box 10027
Augusta, Georgia 30903
Attention: Charles J. Anderson, Operating Manager
With a copy to:
A. Zachry Everitt
Tucker, Everitt, Long, Brewton & Lanier, P.A.
P. O. Box 2426
Augusta, Georgia 30903
9.3 Fees and Commissions. Lessor and Lessee each represent to the
other that there are no claims for brokerage or other commissions or tinder's or
other similar fees in connection with the transactions contemplated by this Lease
insofar as such claims shall be based on arrangements or agreements made by or
on behalf of the Party so representing.
9.4 Waiver. No consent or waiver, express or implied, by Lessor or
Lessee to or of any breach or default by the other Party in the performance by such
9
Book 00843:2328 Augusta - Richmond County
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other Party of the obligations thereof under this Lease shall be deemed or
construed to be a consent or waiver to or of any other breach of default in the
performance by such other Party of the same or any other obligations of such other
Party under this Lease. Failure on the part of either Lessor or Lessee to complain
of any act or failure to act of the other Party or to declare the other Party in default,
irrespective of how long such failure continues, shall not constitute a waiver of
such Party of the rights thereof under this Lease.
9.5 Severability. If any provision of this Lease or the application
thereof to any Entity or circumstance shall be invalid or unenforceable to any
extent, the remainder of this Lease and the application of such provisions to any
other Entity or circumstance shall not be affected thereby and shall be enforced to
the greatest extent permitted by law.
9.6 Amendment. Neither this Lease nor any provision hereof may
be changed, waived, discharged or terminated orally, but only by an instrument in
writing signed by the Party against whom enforcement of the change, waiver,
discharge or termination is sought.
9.7 Terminology. All personal pronouns used in this Lease, whether
used in the masculine, feminine or neuter gender, shall include all other genders;
the singular shall include the plural; and the plural shall include the singular.
Unless otherwise expressly stated, titles of Articles, Sections, Subsections and
Paragraphs of this Lease are for convenience only, and neither limit nor amplify
the provisions of this Lease, and all references in this Lease of Articles, Sections,
Subsections or Paragraphs shall refer to the corresponding Article, Section,
Subsection or Paragraph of this Lease unless specific reference is made to the
articles, sections or subdivisions of another document or instrument.
9.8 Counterparts. This Lease may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of which
together shall comprise but a single instrument.
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Book 00843:2329 Augusta - Richmond County
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9.9 Binding Agreement. Subject to the restrictions on Transfers set
forth herein, this Lease shall inure to the benefit of and be binding upon Lessor and
Lessee and their respective successors and assigns. Whenever in this Lease a
reference to Lessor, Lessee or any Entity is made, such reference shall be deemed
to include a reference to the successors and assigns of Lessor, Lessee or such
Entity.
9.10 Interpretation. No provision of this Lease shall be construed
against or interpreted to the disadvantage of either Lessor or Lessee by any court or
other governmental or judicial authority by reason of such Party having or being
deemed to have structured or dictated such provision.
9.11 Governing Law. This Lease and the obligations of Lessor and
Lessee hereunder shall be interpreted, construed and enforced in accordance with
the Laws of the State of Georgia.
9.12 Relationship of Parties. No express or implied term, provision
or condition of this Lease shall or shall be deemed to constitute Lessor and Lessee
as partners or joint venturers.
9.13 Indemnity. Lessee is and shall be in excl usi ve control of the
Land and the Improvements, and Lessor shall not in any event whatsoever be liable
for any injury or damage to any person or property happening on, in, about or in
connection with the Land and the Improvements or any part thereof. Lessee shall
indemnity and hold harmless Lessor and all Entities claiming by, through or under
Lessor from all claims, suits, actions and proceedings whatsoever which may be
brought or instituted on account of, growing out of, occurring from, incident to or
resulting from, directly or indirectly, any and all injuries or damages to persons or
property arising out of the use and occupation of the Land or the Improvements or
in connection with or growing out of this Lease or the performance by Lessee of
the obligations of Lessee under this Lease. Lessee shall assume on behalf of
Lessor and all Entities claiming by, through or under Lessor, and conduct with due
diligence and in good faith, the defense of all such claims, suits, actions and
proceedings against Lessor or any Entity claiming by, through or under Lessor,
whether or not Lessee is joined therein, even if such claims, suits, actions or
proceedings be groundless, false or fraudulent, and Lessee shall bear the costs of
all judgments and settlements in connection therewith.
1 1
.
, .
"
Book 00843:2330 Augusta - Richmond County
2003008553 03/13/2003 16:26:44.05
IN WITNESS WHEREOF, Lessor, acting by and through the proper
and duly authorized Officers of Lessor, and Lessee, acting by and through the
respective proper and duly authorized Officers of Lessee, have executed and
delivered this Lease under seal, the day and year first above written.
Signed, sealed and delivered
before us this . ~ day of
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WItness
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Nota~ P ~ic'.~)-.wj County,
S tat~ of GeorgIa
Ivf~o<;;gtptmi~gQ~~~~~eorgia
My Commission ExpIres Aug. 1, 200b
(NOTARY SEAL)
(NOTARY SEAL)
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Book 00843:2331 Augusta _ Richman
2003008553 03/13/2003 1 ~:~~4~.05
EXHIBIT "A"
All that lot or parcel of land, with improvements thereon situate, lying and
being in the City of Augusta, Richmond County, Georgia, fronting a distance of
feet on the Northern side of Prep Phillips Drive and designated as
"0.13 Acres" on a plat prepared by Southern Partners, Inc. on March 3,2003, a
copy of which is recorded in the Office of the Clerk of Superior Court of
Richmond County, Georgia in Plat Book "i 13 , at Page a 3 j 'J-
Reference is hereby made to said plat and it is incorporated herein and made a part
hereof for a more accurate and complete description of said property.
Filed in this office:
Augusta - Richmond County
03/131200316:26:44.05
Elaine C. Johnson
13
"
I";,
Please return to:
~
A. Zachry Everitt
Dye, Tucker, Everitt, Long & Brewton, PA
P. O. Box 2426
Augusta, Georgia 30903
,r---
Book 00843:2308 Augusta - Richmond County
200300854903/131200316:26:44.01
r ~"~lii~"\in~mWimm\ini\n~inmilirrni\
2003008549 Augusta - Richmond County
Transfer Tax: $459.00
'" '" '" * * * * * * * * * * * * * *.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
--..\
STATE OF GEORGIA
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LIMITED WARRANTY DEED
COUNTY OF RICHMOND
TillS INDENTURE, made this the !)*' day of March, 2003,
between ANDERSON EQUIPMENT RENTAL COMPANY, L.L.C., a Georgia
limited liability company, of the first part, and AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia, of the second part.
WIT N E SSE T H:
That the said party of the first part, for and in consideration of the
exchange of like-kind real property, Ten and no/100 ($10.00) Dollars and other
good and valuable consideration in hand paid, at and before the sealing of these
presents, the receipt of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does hereby grant, bargain, sell and convey
unto the said party of the second part, its successors and assigns, the real property
described on Exhibit "A" attached hereto.
TO HAVE 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 party of the second part, its successors and assigns, forever in Fee Simple.
And the said party of the first part, for its successors and assigns, 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 claiming under or through the party of the first part, subject only to the
Permitted Title Exceptions listed on Exhibit "B" attached hereto.
1
"
Book 00843:2309 Augusta - Richmond County
2003008549 03/13/2003 16:26:44.01
IN WITNESS WHEREOF, the said party of the first part has caused
these presents to be executed by its duly authorized officers and its seal to be affixed
hereto the day and year first above written.
(NOTARY SEAL)
"..."....~\,
...-~~ K. PLJ'. ,,_
~.w. ...-.....'+4/ -.
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~.. ~'ft!o 0........ ~""""..f
"~\l~/4 cou\'~...-?,.,:.?'
I:lll~T.l\"""".:"o;:,;:;
ANDERSON EQUIPMENT RENTAL
COMPANY, L.L.C.
(COMPANY SEAL)
\..~lt'" "U.j)I~;/~" . .
,\o\...~", \ fJ~.J 2 J; )I.~.
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2
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.
.
..
-------,
Book 00843:2310 Augusta - Richmond County
2003008549 03/13/2003 16:26:44.01
EXHmIT "A"
All that lot or parcel of land with improvements thereon, situate, lying
and being in the City of Augusta, Richmond County, Georgia at the
Southeastern comer of the intersection of Telfair Street and 9th Street,
fronting 80.14 feet on Telfair Street and 26.56 feet on 9th Street and
being designated as Tract "C" on a plat prepared by John Thomas
Attaway on December 27, 2002, a copy of which is recorded in the
Office of the Clerk of Superior Court of Richmond County, Georgia in
Plat Book x..iJ, at Page 13 0 b. Reference is hereby made to said plat
and it is incorporated herein and made a part hereof for a more
complete and accurate description of said property.
Also all that lot or parcel of land with improvements thereon, situate,
lying and being in the City of Augusta, Richmond County, Georgia at
the Northeastern comer of the intersection of 9th Street and Walker
Street fronting 75.69 feet on 9th Street and 81.45 feet on Walker Street
and being designated as Tract "F" on the above-referenced plat.
Also all that lot or parcel of land with improvements thereon, situate,
lying and being in the City of Augusta, Richmond County, Georgia at
the Northwestern comer of Walker Street and West Ford Street,
fronting 109.40 feet on Walker Street and 75.19 feet on West Ford
Street and being designated as Tract "E" on the above-referenced plat.
Also, all of the first parties right, title and interest in and to the alley
running from Walker Street to Telfair Street and in and to the alley
running from West Ford Street to said alley running from Walker Street
to Telfair Street, each as shown and designated on the above-
referenced plat.
3
------_._~..
..
Book 00843 :2311 Augusta - Richmond County
2003008549 03/13/2003 16:26:44.01
EXHIBIT "B"
1. Ad Valorem taxes for 2003, which constitute a lien but which are not due and
payable.
r-- ----______
---."
C:\Real Estate\Anderson\City\Limited Warranty Deed Anderson to City. doc
4
Filed in this offi',:;e:
Augusta - Richmond County
...----031-1-3!2003-1-6.:26 :-4401
Elaine C. Johnson
"
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STATE OF GEORGIA
)
)
)
BILL OF SALE
COUNTY OF RICHMOND
KNOW ALL MEN that the undersigned maker, AUGUSTA,
GEORGIA ("Grantor"), of this instrument for and in consideration of the sum of
Ten and no/lOOths ($10.00) Dollars to it in hand paid, at and before the delivery of
these presents, the receipt whereof is hereby acknowledged; has bargained, sold and
delivered, and by these presents does bargain, sell and deliver unto ANDERSON
EQUIPMENT RENTAL COMPANY, L.L.C. ("Grantee") the following
described personal property, to-wit:
That certain water pump, water tower and all related
pipes, apparatuses, fixtures, parts and equipment located
on a parcel ofland on the north side of Prep Phillips Drive
which is designated as "0.13 Acres" on a plat prepared by
Southern Properties, Inc. on March 3, 2003, a copy of
which is to be recorded in the Office of the Clerk of
Superior Court of Richmond County, Georgia
contemporaneously with a deed from Grantor to Grantee
of even date herewith.
TO HA VE AND TO HOLD the said personal property above
described, unto ANDERSON EQUIPMENT RENTAL COMPANY, L.L.C., its
successors and assigns, to its only proper use, benefit and behoof forever.
The undersigned maker of this instrument fully warrants the right and
title to said property unto ANDERSON EQUIPMENT RENTAL COMPANY,
L.L.C., its successors and assigns.
1
,
"
~
IN WITNESS WHEREOF, the undersigned has caused these presents
to be executed by its Mayo~~ attested by its Clerk of Commission and its seal to
be affixed hereto as of the .Q.J'6.day of /Y1.vc- '" , 2003.
Signed, sealed and delivered
before us this 9-J1v day of
maAcL
,2003.
/:;, \ '
-' It:; L,,, ;11 L~A_1f1 U1
Witness i )
n~ tJ 7n~
Notary blic, Co/~ounty,
State of Georgia
My Commission Expires:
Notary Public. Columbia County, Georgia
(NOTARVSEAL) Er.p'n-:!i Au~. 1,2006
AUGUSTA, GEORGIA
By; 1tk~~v
q1fJ: As its Mayor
By:
(SEAL)
2
--
i;
Please return to:
Book 00843:2313 Augusta - Richmond County
200300855103113/2003 16:26:44.03
516.00 WARRANTY DEED
i illllllliilliiii liiii m~ iliil imi liIi! iiiii liiii ilil iiil
2003008551 Augusta - Richmond County
A. Zachry Everitt
Dye, Tucker, Everitt, Long & Brewton, P.A.
P. O. Box 2426
Augusta, Georgia 30903
*******************************************************************
STATE OF GEORGIA
)
)
)
LIMITED WARRANTY DEED
COUNTY OF RICHMOND
TillS INDENTURE, made this the 5th day of March, 2003, between
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, of the first
part and ANDERSON EQillPMENT RENTAL COMPANY, L.L.C., a Georgia
limited liability company, of the second part.
WIT N E SSE T H:
That the said party of the first part, for and in consideration of the
exchange oflike-kind real property, Ten and no/lOO ($10.00) Dollars and other good
and valuable consideration in hand paid, at and before the sealing of these presents,
the receipt of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does hereby grant, bargain, sell and convey unto the
said party of the second part, its successors and assigns, all of its right, title and
interest in and to the real property described on Exhibit "A" attached hereto.
TO HAVE 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 party of the second part, its successors and assigns, forever in Fee Simple.
And the said party of the first part, for its successors and assigns, 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 claiming under or through the party of the first part, subject only to the
Permitted Title Exceptions listed on Exhibit "B" attached hereto.
';
Book 00843:2314 Augusta - Richmond County
2003008551 03/13/2003 16:26:44.03
IN WITNESS WHEREOF, the said party of the first part has caused
these presents to be executed by its duly authorized officers and its seal to be affixed
hereto the day and year first above written.
Signed, sealed and delivered
before us this !1:66 day of
~(lh ,2003.
AUGUSTA, GEORGIA
_11l3y: ~~~ '-
GT'r As its Mayor
..,-'7 ~ ! 1 ....., . J /
~f7lIA! /~;;J1"') .
Notary ~if~iliY~~~~~;y,
S fG' . W<V4
tate,o. eorgla
JVfyCoinmisslon Pxnirf'-":o_s'"
NotarY, ~ybr9l. ~T~m~la):'olKl!Y. Utl'
. ~y Commission 'Expires 'Aug. 1.2006
{NOT ARY'SEAT~)
"'..", t . CJ .'"
. .
By:
" r~ ~
(SEAL)
'.
Book 00843:2315 Augusta - Richmond County
2003008551 03/13/2003 16:26:44.03
EXHIBIT "A"
All that tract or parcel of land, with improvements thereon, situate, lying and being in
the City of Augusta, Richmond County, Georgia fronting a distance of 466.0 feet on
the Northernmost side of Prep Phillips Drive and extending back therefrom between
slightly converging lines to the Savannah River. Said property is shown as
Acres on a plat prepared by Southern Partners, Inc. on March 24, 2003,
a copy of which is recorded in the Office of the Clerk of Superior Court in Plat Book
J' 'f 3 , at Page J. 3/ :L . Reference is hereby made to said plat and it is
incorporated herein for a more complete and accurate description of said property.
~
Book 00843:2316 Augusta - Richmond County
2003008551 03/13/2003 16:26:44.03
EXIllBIT "B"
PERMITTED TITLE EXCEPTIONS
NONE
C:\ReaJ EslatelAndmon\CityILimited Wamrtty Deed City to Andcnon.OOc
Filed in this office:
Augusta - Richmond County
03/13/2003 16:26:44.03
Elaine C. Johnson
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LAWYERS TITLE INSURANCE CORPORATION
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1.
Effective Date:
Case No. 99182-E
January 2, 2003 - 9:00 a.m.
2.
Policy or Policies to be issued:
(a) ALTA Owner's Policy - (10-17-92)
Amount: $221,126.69
PROPOSED INSURED: Augusta, Georgia and/or those successors and assigns
included in the definition of "insured" as contained in AL T A policy 10/17/92
3. Title to the Fee Simple estate or interest in the land described or referred to in this
commitment is at the effective date hereof vested in:
Anderson Equipment Rental Company, L.L.C.
4. The land referred to in this Commitment is described as follows:
SEE ATTACHED DESCRIPTION (Exhibit "A")
Schedule A--Page 1
Form No. 91-88(SCH.A)
This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached.
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE B-Section 1
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration
for the estate or interest to be insured.
Item (b) Proper instrument( s) creating the estate or interest to be insured must be executed and
duly filed for record to-wit:
1. Warranty Deed from Anderson Equipment Rental Company, L.L.C. to Augusta, Georgia
conveying title to the captioned property.
Item (c) Receipt of proof satisfactory to us that no improvements or repairs were made on the property
within 90 days preceding the filing for record of the loan instrument, or in the event such improvements
or repairs were made, that they are complete and all costs incurred in connection therewith have been
paid, including architect's fees, if any.
This Commitment is invalid unless the Insuring
Provisions and Schedules A and B are attached.
Fonn No. 91-88(B-I)
Schedule B-Section I-Case No. 99I82-E
-..
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE B-Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof but prior to the date
the proposed insured acquires for value of record the estate or interest or mortgage thereon
covered by this commitment.
2. Taxes for the year 2003 and subsequent years and any additional taxes which may result from
a reassessment of the subject property.
3. Attention is directed to the fact that the insuring provisions of this policy do not insure against
loss by reason of any computational errors in the determination of the size of the area located
within the boundary lines of the land as described in Schedule A hereof.
This commitment is invalid unless the Insuring
Provisions and Schedule A and B are Attached.
Form No. 91-88(B-2)
Schedule B-Section 2-Page 2-Case No. 99182-E
EXHlBIT "A"
All that lot or parcel ofland with improvements thereon, situate, lying and
being in the City of Augusta, Richmond County, Georgia at the
Southeastern comer of the intersection of Telfair Street and 9th Street,
fronting 80.14 feet on Telfair Street and 26.56 feet on 9th Street and being
designated as Tract "C" on a plat prepared by John Thomas Attaway on
December 27,2002, a copy of which is recorded in the Office of the Clerk
of Superior Court of Richmond County, Georgia in Plat Book ---' at
Page . Reference is hereby made to said plat and it is incorporated
herein and made a part hereof for a more complete and accurate description
of said property.
Also all that lot or parcel ofland with improvements thereon, situate, lying
and being in the City of Augusta, Richmond County, Georgia at the
Northeastern comer of the intersection of 9th Street and Walker Street
fronting 75.69 feet on 9th Street and 81.45 feet on Walker Street and being
designated as Tract "F" on the above-referenced plat.
Also all that lot or parcel ofland with improvements thereon, situate, lying
and being in the City of Augusta, Richmond County, Georgia at the
Northwestern comer of Walker Street and West Ford Street, fronting
109.40 feet on Walker Street and 75.19 feet on West Ford Street and being
designated as Tract "E" on the above-referenced plat.
Also, all of the first parties right, title and interest in and to the alley
running from Walker Street to Telfair Street and in and to the alley running
from West Ford Street to said alley running from Walker Street to Telfair
Street, each as shown and designated on the above-referenced plat.
,. 'i
. .
ISSUED BY
COMMITMENT FOR TITLE INSURANCE
~wyers ptle Insurance @rp9!i!!\QIl
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described
or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A
and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This
Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer
or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest: _I' Ji L? t./ 4-
V ...... Secretary
---....."""""
--- ,"SURAotc. "II
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By:
?r~a. ~
President
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
ALTA Commitment-1966
Cover Page
Form 1004-268
ORIGINAL
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---.
~wyerspde
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
1992 AL TA
Owner's Policy
Owner's Policy Number
136 - 01 - 5 5 6 5 2 9
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS1JTLEvINS0RANGb~~QRPORATION, a Virginia corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, ag'ainst J6~s;'or~amage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by r~~~;on"of:: ' :" ,)
1. Title to the estate or interest described in Scl;1edul~<'Kbeing : 3,"l:/n'marketability of the title;
vested othe.r tha~ as stated therein; '~~.~~\ (,,' ~ ,'!.' 4.~.~a~k of a right of access to and from the land.
2. Any defect In or hen or encumbrance on the tlt~~;~ ( <,:1 : ~. r ',:, ...:, . \'-( i~ II
The Company also will pay the costs, attorneys' fee~ a~d~~(<penseS,lhcurred irt defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations. -: ; ill!~ : i " ,I; '!I]:{ J
~ 'iex9Ll)SIO,NS ,FROM COI~ERI\Ge
The following matters are expressly excluded from th~_covera~e of this policy and the Company wil! not pay loss or damage, costs,
attorneys' fees or expenses which arise by reasono~~'-, .! __ (_ '. ~ < \
1. (a) Any law, ordinance or governmental regulatiQri' (inCluding '\ - ':(0). not known to the Company, not recorded in the public
but not limited to building and zoning laws, ordinances; or' -'. .J ':;:.records at Date of Policy, but known to the insured claimant
regulations) restricting, regulating, prohibiting .oCtelatiiig -i.. and not disclosed in writing to the Company by the insured
to (i) the occupancy, use, or enjoyment onha la~d,; (ii) the _' . clail')1ant prior to the date the insured claimant became an
character, dimensions or location of any improvement [lOW. x,. <': . insured under this policy;
or hereafter erected on the land; (iii) a separation in (c) resulting in no loss or damage to the insured claimant;
ownership or a change in the dimensions or area of the land (d) attaching or created subsequent to Date of Policy; or
or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of (e) resulting in loss or damage which would not have been
these laws, ordinances or governmental regulations, sustained if the insured claimant had paid value for the
except to the extent that a notice of the enforcement thereof estate or interest insured by this policy.
or a notice of a defect, lien or encumbrance resulting from a 4. Any claim, which arises out of the transaction vesting in the
violation or alleged violation affecting the land has been insured the estate or interest insured by this policy, by reason of
recorded in the public records at Date of Policy. the operation of federal bankruptcy, state insolvency, or similar
(b) Any governmental police power not excluded by (a) above, creditors' rights laws that is based on:
except to the extent that a notice of the exercise thereof or a (a) the transaction creating the estate or interest insured by
notice of a defect, lien or encumbrance resulting from a this policy being deemed a fraudulent conveyance or
violation or alleged violation affecting the land has been fraudulent transfer; or
recorded in the public records at Date of Policy. (b) the transaction creating the estate or interest insured by
2. Rights of eminent domain unless notice of the exercise thereof this policy being deemed a preferential transfer except
has been recorded in the public records at Date of Policy, but where the preferential transfer results from the failure:
not excluding from coverage any taking which has occurred (i) to timely record the instrument of transfer; or
prior to Date of Policy which would be binding on the rights of a (ii) of such recordation to impart notice to a purchaser for
purchaser for value without knowledge. value or a judgment or lien creditor.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
Policy 136 . Litho in U.S.A.
035-0-136-0006
...I...I...I...I...I...I...I...I...{_..r...I...I...I._1[...[...1_..1...1...1...[...[...[...[_1[...1...[...1_11...1...1...1.
Cover Sheet ALTA Owner's Policy (10.17.92)
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SNOI1V1ndllS aNY SNOI1IONO~
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LAWYERS TITLE INSURANCE CORPORATION
OWNER'S POLICY
SCHEDULE A
CASE NUMBER
02364-E
DATE OF POLICY
March 13,2003
at 4:26 p.m.
AMOUNT OF INSURANCE POLICY NUMBER
$221,126.69 136-01-556529
1. Name of Insured:
Augusta, Georgia
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Augusta, Georgia
4. The land referred to in this policy is described as follows:
SEE A IT ACHED DESCRIPTION EXHIBIT "A"
This being the same property conveyed to the Insured herein by Deed of Anderson Equipment Rental
Company, L.L.C., dated March 5, 2003, filed for record March 13,2003, and recorded in Deed Book 843,
Page 2308 records of the Superior Court of Richmond County, Georgia
Issued at: Augusta, Georgia
Policy 136
This Policy is invalid unless cover
sheet and Schedule B are attached. ALTA Owners Policy (10-17-92)
LA WYERS TITLE INSURANCE CORPORATION
OWNER'S POLICY
SCHEDULE B
CASE NUMBER
02364-E
POLICY NUMBER
136-01-556529
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise
by reason of:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
commitment.
2. Taxes for the year 2003 and subsequent years and any additional taxes which may result from a
reassessment of the subject property.
3. Attention is directed to the fact that the insuring provisions of this policy do not insure against loss by
reason of any computational errors in the determination of the size of the area located within the
boundary lines of the land as described in Schedule A hereof.
4. Encroachment of the building on the insured property over the right of way of Prep Phillips
Drive shown as "Encroachment Easement Area" on the plat referenced in Exhibit "A." This
easement is allowed under an Encroachment Agreement recorded in Realty Reel 843, at Page 2317.
ENFORCED REMOVAL: This policy insures against loss or damage sustained by reason of any fmal court
order or judgment requiring the removal of said encroachment.
Policy 136
ALTA Owner's Policy (10-17-92)
i .
f'
~
EXHIBIT "A"
EXHIBIT "A"
All that lot or parcel ofland with improvements thereon, situate, lying and being in
the City of Augusta, Richmond County, Georgia at the Southeastern comer of the
intersection of Telfair Street and 9th Street, fronting 80.14 feet on Telfair Street and
26.56 feet on 9th Street and being designated as Tract "C" on a plat prepared by
John Thomas Attaway on December 27,2002, a copy of which is recorded in the
Office of the Clerk of Superior Court of Richmond County, Georgia in Plat Book
843, at Page 2306. Reference is hereby made to said plat and it is incorporated
herein and made a part hereof for a more complete and accurate description of said
property .
Also all that lot or parcel of land with improvements thereon, situate, lying and
being in the City of Augusta, Richmond County, Georgia at the Northeastern
comer of the intersection of 9th Street and Walker Street fronting 75.69 feet on 9th
Street and 81.45 feet on Walker Street and being designated as Tract "F" on the
above-referenced plat.
Also all that lot or parcel of land with improvements thereon, situate, lying and
being in the City of Augusta, Richmond County, Georgia at the Northwestern
comer of Walker Street and West Ford Street, fronting 109.40 feet on Walker
Street and 75.19 feet on West Ford Street and being designated as Tract "E" on the
above-referenced plat.
Also, all of the fIrst parties right, title and interest in and to the alley running from
Walker Street to Telfair Street and in and to the alley running from West Ford
Street to said alley running from Walker Street to Telfair Street, each as shown and
designated on the above-referenced plat.
~
CONDITIONS AND STIPULATIONS-CONTINUED
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured claim.
ant which were authorized by the Company up to the time of payment and
which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments required
to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suHered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(0 the Amount of Insurance stated in Schedule A: or,
(ii) the diHerence between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Oate of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if subse-
quent to the Date of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent
over the Amount of Insurance stated in Schedule A, then this Policy is subject
to the following:
. (0 where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion
that the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
. (ii) where a subsequent improvement has been made, as to any par-
tlalloss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of \'NO or more parcels which
are not used as a single site, and a loss is established aHecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro
rata basis as if the amount of insurance under this policy was divided pro
rata as to tne value on Date of Policy of each separate parcel to the whole,
exclusive of any improvements made subsequent to Date of Policy, unless
a liability or value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy and shown
by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
. (a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the land,
or cures the claim of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect
to that matter and shall not be liable for any loss or damage caused thereby.
. (b) In the event of any litigation, including litigation by the Company or
With the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
, ,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter exe-
cuted by an insured and which is a charge or lien on the estate or interest
described m 'eterred to in Schedule A. and the amount so paid shall be deem-
ed a payment under this policy to the insured owner
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a daim under this
policy, all right of subrogation shall vest in the Company unaffected by any
act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured daimant would have had against any person
or property in respect to the claim had this policy not been issued. "requested
by the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured daimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use
the name ot the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
It loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
lion rights by reason of thiS policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Trtle Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable matters may include, but are
not limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation.
All arbitrable matters when the Amount of Insurance is $1,000,000 or less
shall be arbitrated at the option ot either the Company or the insured. All
arbitrable matters when the Amount of Insurance is in excess of $1,000,000
shall be arbitrated only when agreed to by both the Company and the insured.
Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the insured, the Rules
in eHect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs 01 the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED 10 THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements. if any, attached hereto
continued on remainder 01 COle' sfIeet
( . ." ~'... .
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7
'.
.).
After recording, return to:
A. Zachry Everitt
Tucker, Everitt, Long, Brewton & Lanier
453 Greene Street
Augusta, Georgia 30901
(706) 722-0771
Book 00843:2317 Augusta - Richmond County
200300855203/131200316:26:44.04
512.00 EASEMENT
i IIIIil iiii/llill iiill iliii III Ii iilii iiiii i~ii iill; iiii iiii
2003008552 Augusta - Richmond County
*****************************************
ENCROACHMENT EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of March, 2003, by
and between Augusta, Georgia, a political subdivision of the State of Georgia,
Party of the first part (hereinafter referred to as "First Party"); and Anderson
Equipment Rental Company, L.L.C., a limited liability company organized and
existing under the Laws of the State of Georgia, Party of the second part
(hereinafter referred to as "Second Party").
WITNESSETH
WHEREAS, First Party is the owner of Prep Phillips Drive (hereinafter
referred to as the "First Property"), the First Property being more particularly
shown on a plat prepared for Second Party on March 3, 2003, (hereinafter referred
to as the "Survey"), a copy of the Survey is recorded in the Office of the Clerk of
Superior Court of Richmond County, Georgia in Plat Book m, at PageJ 31 J... ;
WHEREAS, Second Party is the owner of property located at 326 Prep
Phillips Drive, Augusta, Georgia (hereinafter referred to as the "Second Property")'
and
WHEREAS, the Survey discloses that certain improvements owned by
Second Party are located partially on the First Property.
NOW, THEREFORE, in consideration of the premises, and of One and
Noll 00 Dollar ($1.00) in hand paid by the First Party to Second Party, First Party
and Second Party hereby covenant and agree as follows.
1. The First Party does hereby grant, assign and set over to the Second Party
a perpetual easement over the portion of the First Property on which improvements
of the Second Property encroach for the purpose of using and maintaining such
improvements.
1
I
-..
'..
Book 00843:2318 Augusta - Richmond County
2003008552 03/13/2003 16:26:44.04
. 2. First Party hereby agrees that should said encroachment be removed by
Second Party at any time, all rights granted under this Agreement shall
immediately become null and void.
3. Second Party agrees to and does hereby indemnify and hold First Party
from any damages, loss or claim which may arise as a result of the encroachment
described above.
4. This agreement is and shall be binding upon and inure to the benefit of
the First Party and Second Party, their respective successors in title, representatives
and assigns.
IN WITNESS WHEREOF, First Party and Second Party have caused these
presents to be executed by their duly authorized officers and their official seals to
be affixed, the day and year first above written.
[Execution by First Party]
Signed, sealed and delivered as to
First Party in the presence of:
~~ W J7;~~
Unofficial itness
"I By:
(ft~i
77~U ml>>~'
Notar~J~'~~bia County, Gecr;t1
N~~~~m;~lon ~pir(ls Aug. 1,2006
(NOTARIAL. SEAL)
.. .
. . .
(OFFICIAL SEAL) ",
[Ex~cution by Second Party]
J~ .
By:
(COMPANY SEAL)
. .:.'..;~
> <~,J,. . .
':..', . ~
.......)
2
Filed in this office:
Augusta - Richmond County
03/13/2003 16:26: 44. 04
Elaine C. Johnson
'-,
..! -:.
U.S. DEPA~TMENT OF HOUSING AND URBAN DEVELOPMENT (OMB # 2502-0265)
J!+.. H'UD-1 UNIFORM SETTLEMENT STATEMENT
B. Type of Loan
1.[) FHA 2.[ ] FmHA 3.[) Conv. Unins. 6. File Number: 7. Loan Number: 8. Mortgage Insurance Case Number:
4.[) VA 5.[) Conv. Ins.
C. NOTE: This form furnishes a statement of settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
"(p.o.c.)" were paid outside the closing; they are shown for informational purposes and are not included in the totals.
D. Name & Address of Borrower: E. Name, Address & TIN of Seller: F. Name & Address of Lender:
Anderson Equipment Rental Company, L.L.C. Augusta, Georgia
, , ,
G. Property Location: TIN of Seller: I H. Settlement Agent:
Place of Settlement A. Zachry Everitt
I. Settlement Date: I March 5, 2003
J. Summary of Borrower's Transaction
100. Gross Amount Due from Borrower:
K. Summary of Seller's Transaction
400. Gross Amount Due to Seller:
101. Contract sales price $459,000.00 401. Contract sales price $459,000.00
102. Personal Property 402. Personal Property
103. Borrower's settlement charges (line 1400) $16,161.66 403.
104. 404.
105. 405.
Adjustments Adjustments
106. City/town taxes to $323.20 406. City/town taxes to $323.20
107. County taxes to 407. County taxes to
108. Assessments to 408. Assessments to
109. to 409. to
110. 410.
111. 411.
112. 412.
113. 413.
120. Gross Amount Due from Borrower $475,484.86 420. Gross Amount Due to Seller $459,323.20
200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller:
201. Deposits or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) (Net) $505,421.03 502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. Exchange of 9m Street $221,126.69 504. Payoff of first mortgage
205. 505. Payoff of second mortgage
206. 506. Exchange of 9'" Street $221,126.69
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210. City/town taxes to 510. City/town taxes to
211. County taxes to 511. County taxes to
212. Assessments to 512. Assessments to
213. to 513. to
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. Total Paid By/for Borrower $726,547.72 520. Total Reduction Amount Due Seller $221,126.69
300. Cash at Settlement From/to Borrower 600. Cash at Settlement To/from Seller
301. Gross amount due from borrower (line 120) $475,484.86 601. Gross amount due to seller (line 420) $459,323.20
302. Less amounts paid by/for borrower (line 220) $726,547.72 602. Less reductions in amount due seller (line 520) $221,126.69
303. Cash 101 from I~I to Borrower 251,062.86 603. Cash Irxll to 101 from Seller $238,196.51
(Seller)
(Seller)
NOTE: Seller's Proceeds disbursed to the Trust Account of the City Attorney
/~
~~': it
i"-
S I Ch
~. ett ement arQes
700. Total Sales/Broker's Commission: (based on price) $ 0.00 @ % Paid from Paid from
Division of Commission (line 700) as follows: Borrower's Seller's
701. Funds at Funds at
702. Settlement Settlement
703. Commission paid at Settlement
704.
800. Items Payable in Connection with Loan
801. Loan Oriqination Fee - SouthTrust Bank $5,000.00
802. Loan Discount
803. Appraisal Fee - SouthTrust Bank $1,500.00
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Document Preparation - SouthTrust Bank $150.00
808. Payoff of existinq loans (Paid outside of Closinq - $494,578.97) $0.00
809. Interest on existing loans $2,999.66
810.
811.
812.
813.
814.
900. Items Required by Lender to Be Paid in Advance
901. Interest from to @$ per day
902. Mortgage Insurance Premium for
903. Hazard Insurance Premium for
904.
905.
1000. Reserves Deposited with Lender
1001. Hazard insurance months G $ per month
1002. Mortqaqe insurance months $ per month
1003. Ciwpropertytaxes months $ per month
1004. County property taxes months $ per month
1005. Annual assessments months $ per month
1006. months $ per month
1007.
1008.
1009. Aggregate Accounting Adjustment
1100. Title Charges
1101. SettlemenUclosinq fee
1102. AbstracUtitle search
1103. Title examination
1104. Title insurance binder
1105. Document preparation
1106. Notary fees
1107. Attorney's fees $2,500.00
(includes above item numbers 1101,1102,1103,1005
1108. Title insurance $3,900.00
(includes above item numbers
1109. Lender's coveraae
1110. Owner's coveraqe
1111.
1112.
1113.
1200. Government Recording and Transfer Charges
1201. Recordina fees: Deed $ Mortgaqe Release $112.00
1202. Ciwlcounty tax/stamps: Deed Mortaaae
1203. State tax/stamps: Deed Mortqaqe
1204.
1205.
1206.
1300. Additional Settlement Charges
1301. Survey
1302. Pest Inspection
1303.
1304.
1305.
1306.
1307.
1308.
1400. Total Settlement Charges (This Number Transfers to Lines 103 & 502 Above) $16,161.66
CERTIFICATION
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement.
~/?~
By: OA,I ~ ~ ,,6-f- Seller BY: orrower
To the best of my knowledge the HUD- e ent Statement which I have prepared is true accurate account of the funds which were received and
have been or will buy the und as part of the settlement of this transactio . 1- / ":>
Settlement Agent ~ .-- /~~ Date
WARNING: It is a aima to 'ngty make false stetements to the United States on this or any other similar form. Penalties upon conviction ca Include a fine and Imprisonment For details see: Title 18 U.S.
Code Section 1001 and Section 1010.
ANDERSON EQUIPMENT RENTAL COMPANY, L.L.C.
FLOOD NOTE:
JiIOCOROING 'TO THE 0FP'1CML F.I.A. P'lOOO fNMD ....
THIS LOT IS NOT .. A DESIGNI1UED 100 VIM F\.OOD ~.
Book 00843:2307 Augusta - Richmond County
200300854803/13/2003 16:26:44.00
Book 00843:2306 Augusta - Richmond County
200300854803/131200316:2644.00
$8.00 PLAT
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2003008548 Augusta - Richmond County
..
/
N23"2I'23"' E
21.51'
TRACT AREAS
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TM:T WAW - O.OS /IC.
TM:T 'W - 0.14 /IC.
11W:T -Cw - O.OS /IC.
TRitCT -0- - 0.21 /IC.
TIW:T "[- - 0.18 /IC.
TRitCT '"F" - 0.14 /IC.
TIW:T -a- - 0.32 /IC.
AU..EY - 0.07 /IC.
REFERENCES:
1. PlAT f'OR LOO H. 'tEE ESTATE IV J.WES G. SWIFT .
ASSOC~TES ~TED tMY 1, 2000 a: RECORDED IN 'U~.
8M, PG. 412.
2. PlAT Of ~'T f'OR THE PlAZA HOTEl CO., IV
EW.DWIN ENGINEEftING CO., ~TED N<MMIER 1" 1157.
3. PlAT Of ~'T Of GULF REFlIING CO. IV 0E0ft0E
W. SUMMERS Di'TED JUNE 22, 1122.
4. PlAT Of ~'T LOCATED AT THE SOU'nEAST COMB
Of TELFAIR ST. a: ITH. ST., AUCUSTA. GEORCM. IV
WAlTON FlYTHE ~TED MARCH 12, 1847.
SSM1
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~
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l'
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LEGEND
CNS CORNER NOT SET
ReS ~ SET
R8f REaM F"OUNO
LP UGHT POlE
FH FIRE HVORNn'
WM WATER METER
BlDG. COR IUIlDING CORNER
GPMH OE()lIQ\ POWER MN*IOlE
SSMH SNIIfNf( SEWER w.NHOlE
STMH STOMI SEWER MANHOlE
_ ~ POWER C"""~
EXIST1NC WATER LINE
eMF CONCMTE MONlMNT F"OUNO
~
:WT:r:
F 0 ..
PLAT
/
/
/
/
/ TECHNICAL DATA:
523"11'1 crw
19.91'
Augus~ Georgia
PROPERTY
LOCATED
IN
THE 87 t h.
G. ... D.
AUGUST A,
RICHMOND
COUNTY,
GEORGIA
UNITED STATES OF AMERICA
(POST OFFICE)
SCALE : 1. - 30'
;' 11' ~
S C ALE
DECEMBER 27, 2002
~'
eo'
1
Filed in this office
Augusta - Richmond County
O:i/1:iI?0011R?R44 IlO
Elaine C Johnson
IN
FEE T
PRE PAR E 0 e Y
~TE Of SURVEY - DECEMBER, 2002
EQUIPMENT USED - THEOOOUTE . E.D.M.
ANGUl.AR EMOR - 0./ N<<;U.
FIELD CLOSURE - 1 IN 59,140
PlAT CLOSURE - 1 IN 29,714
COMPASS AOJUS'T'MENT
"
.
"
Cranston, Robertson &: Whitehurst, P .C.
4S2 ELLIS STREET P.O. DRAWER 2M8 AUGUSTA. GE~ 30103
TELEPHONE: (708) 722-1 see
ENGINffRS - PUNNC1tS - ~
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