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MINUTES OF DECEMBER 3, 2012
Lark W. Jones, Mayor
N
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur K Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of December 3, 2012, having been duly publicized, was called to order by
Mayor Jones at 7:00 p.m. Mayor Jones rendered the invocation and led in the Pledge of
Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Whinghter, and Shealy.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John
P. Potter, Jr., Director of Finance; Richard L. Meyer, Director of Parks, Recreation, and Leisure
Services; Scott L. Sterling, Interim Director of Planning and Economic Development; Thomas
C. Zeaser, Director of Engineering and Public Works; James E. Sutton, Deputy Director of
Public Services; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City
Clerk.
The minutes of the regular and study session meetings of November 19, 2012, were approved by
general consent.
Minutes of Regular Meeting of 12/03/12
ITEM 1. ELECTIONS: 2013 Municipal Election — Establishing Dates — Ordinance,
Third and Final Reading
On motion by Mayor Jones, second by Councilmember Baggott, Council
unanimously adopted an ordinance on third and final reading establishing the
dates for the 2013 Municipal election for Mayor and three members of City
Council. The terms of Mayor Lark W. Jones and Councilmembers Pat C.
Carpenter, Arthur H. Shealy, and Jason M. Whinghter will expire on May 6,
2013.
Please see the minutes of November 19, 2012, for the ordinance text.
ITEM 2. ANNEXATION: Property located at 41 Carolina Springs Spur, Tax
Parcel Number 013-14-03-003, 0.45 =L Acres, Owned by Mrs. Glover M. Key
—Petition, Resolution to Accept
On motion by Councilmember Carpenter, second by Councilmember Shealy,
Council unanimously passed a resolution accepting an annexation petition for
0.45 ± acres located at 41 Carolina Springs Spur and owned by Mrs. Glover M.
Key. This property is identified as Tax Parcel Number 013-14-03-003.
The resolution text is as follows:
RESOLUTION NO. 2012-23
TO ACCEPT A PETITION FOR ANNEXATION
OF 0.45 ± ACRES OF PROPERTY LOCATED
AT 41 CAROLINA SPRINGS SPUR
AND OWNED BY MRS. GLOVER M. KEY
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated October
10, 2012.
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 41 Carolina Springs Spur (South of Highway 125).
Said property is identified by the following Tax Parcel Number:
Minutes of Regular Meeting of 12/03/12
013-14-03-003
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September
25, 2012, and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
92012.
ITEM 3. ANNEXATION: Property located at 41 Carolina Springs Spur, Tax
Parcel Number 013-14-03-003, 0.45 f Acres, Owned by Mrs. Glover M. Key
—Ordinance, First Reading
On motion by Councilmember Shealy, second by Councilmember Adams,
Council unanimously passed on first reading an ordinance to effect the
annexation of 0.45 ± acres located at 41 Carolina Springs Spur, and owned by
Mrs. Glover M. Key. This property is identified as Tax Parcel Number 013-14-
03-003.
The zoning classification recommended for this property, R-14, Large Lot,
Single-Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
The ordinance text is as follows:
ORDINANCE NO. 2012-22
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 0.45 f ACRES OF PROPERTY LOCATED
AT 41 CAROLINA SPRINGS SPUR
AND OWNED BY MRS. GLOVER M. KEY
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
Minutes of Regular Meeting of 12/03/12
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-23 dated December 3, 2012, accepted a Petition for
Annexation and wish to annex the below described properties; and
WHEREAS, the zoning classification recommended for the properties proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
properties as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
1. The following described property shall be annexed into the City of North
Augusta:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 41 Carolina Springs Spur(South of Highway 125).
Said property is identified by the following Tax Parcel Number:
013-14-03-003
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
II. The zoning classification recommended for the property to be annexed is
consistent with the Future Land Use Classification of the properties as specified
in the Land Use Element of the 2005 Comprehensive Plan; therefore, the
properties shall be zoned R-14, Large Lot, Single-Family Residential, as shown
on a map identified as "Exhibit B" titled "ANX 013 14 03 003 Zoning of
Property Sought to Be Annexed to the City of North Augusta" dated September
25, 2012 and prepared by the City of North Augusta.
III. Also included herein are the rights of way of Carolina Springs Spur adjoining the
property to be annexed as shown on a map identified as "Exhibit C" titled "ANX
013 14 03 003 Map of Property Sought to be Annexed to the City of North
Augusta" dated September 25, 2012 and prepared by the City of North Augusta.
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
V. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
Minutes of Regular Meeting of 12/03/12
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
ITEM 4. ANNEXATION: Property located at 41 Carolina Springs Spur, Tax
Parcel Number 013-14-03-003, 0.45 =L Acres, Owned by Mrs. Glover M. Key
—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on second reading an ordinance to effect the annexation of
annexation of 0.45 f acres located at 41 Carolina Springs Spur, and owned by
Mrs. Glover M. Key. This property is identified as Tax Parcel Number 013-14-
03-003.
The zoning classification recommended for this property, R-14, Large Lot,
Single-Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
Please see Item No. 3 above for the ordinance text.
ITEM 5. ANNEXATION: Property located at 6020 Jefferson Davis Highway, Tax
Parcel Number 013-17-01-002, 0.7 f Acres, Owned by Bryan Coats — Petition,
Resolution to Accept
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed a resolution accepting an annexation petition for 0.7 ± acres
located at 6020 Jefferson Davis Highway and owned by Bryan Coats. This
property is identified as Tax Parcel Number 013-17-01-002.
The resolution text is as follows:
RESOLUTION NO. 2012-24
TO ACCEPT A PETITION FOR ANNEXATION
OF 0.7± ACRES OF PROPERTY LOCATED
AT 6020 JEFFERSON DAVIS HIGHWAY
AND OWNED BY BRYAN COATS
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
Minutes of Regular Meeting of 12/03/12
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated October
10, 2012.
The property sought to be annexed is described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 6020 Jefferson Davis Highway(N SIDE US HWY 1).
Said property is identified by the following Tax Parcel Number:
013-17-01-002
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September
25, 2012, and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
ITEM 6. ANNEXATION: Property located at 6020 Jefferson Davis Highway, Tax
Parcel Number 013-17-01-002, 0.7 f Acres, Owned by Bryan Coats —
Ordinance, First Reading
On motion by Councilmember Shealy, second by Councilmember Carpenter,
Council unanimously passed on first reading an ordinance to effect the
annexation of 0.7 f acres located at 6020 Jefferson Davis Highway, and owned
by Bryan Coats. This property is identified as Tax Parcel Number 013-17-01-
002.
The zoning classification recommended for this property TC, Thoroughfare
Commercial, is consistent with the future land use classification of the property,
as specified in the Future Land use Element of the 2005 Comprehensive Plan.
The ordinance text is as follows:
Minutes of Regular Meeting of 12/03/12
ORDINANCE NO. 2012-23
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 0.7 f ACRES OF PROPERTY LOCATED
AT 6020 JEFFERSON DAVIS HIGHWAY
AND OWNED BY BRYAN COATS
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-24 dated December 3, 2012, accepted a Petition for
Annexation and wish to annex the below described property; and
WHEREAS, the zoning classification recommended for the property proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
property as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
I. The following described property shall be annexed into the City of North
Augusta:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 6020 Jefferson Davis Highway(N SIDE US HWY 1).
Said property is identified by the following Tax Parcel Number:
013-17-01-002
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
Il. The zoning classification recommended for the property to be annexed is
consistent with the Future Land Use Classification of the property as specified in
the Land Use Element of the 2005 Comprehensive Plan; therefore, the property
shall be zoned TC, Thoroughfare Commercial, as shown on a map identified as
Minutes of Regular Meeting of 12/03/12
"Exhibit B" titled "ANX 013 17 01 002 Zoning of Property Sought to Be
Annexed to the City of North Augusta" dated September 25, 2012 and prepared
by the City of North Augusta.
III. Also included herein are the rights of way of Jefferson Davis Highway and East
Buena Vista Avenue adjoining the property to be annexed as shown on a map
identified as "Exhibit C" titled "ANX 013 17 01 002 Map of Property Sought to
be Annexed to the City of North Augusta" dated September 25, 2012 and
prepared by the City of North Augusta.
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
V. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
ITEM 7. ANNEXATION: Property located at 6020 Jefferson Davis Highway, Tax
Parcel Number 013-17-01-002, 0.7 f Acres, Owned by Bryan Coats —
Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on second reading an ordinance to effect the annexation of
annexation of 0.7 f acres located at 6020 Jefferson Davis Highway, and owned
by Bryan Coats. This property is identified as Tax Parcel Number 013-17-01-
002.
The zoning classification recommended for this property TC, Thoroughfare
Commercial, is consistent with the future land use classification of the property,
as specified in the Future Land use Element of the 2005 Comprehensive Plan.
Please see Item No. 6 above for the ordinance text.
ITEM 8. ANNEXATION: Property located at 401 Hamburg, Tax Parcel Number
013-17-15-001, 0.19 =L Acres, Owned by Robert James Williams — Petition,
Resolution to Accept
On motion by Councilmember Baggott, second by Councilmember Shealy,
Council unanimously passed a resolution accepting an annexation petition for
0.19 ± acres located at 401 Hamburg, and owned by Robert James Williams.
This property is identified as Tax Parcel Number 013-17-15-001.
Minutes of Regular Meeting of 12/03/12
The resolution text is as follows:
RESOLUTION NO. 2012-25
TO ACCEPT A PETITION FOR ANNEXATION
OF 0.19 ± ACRES OF PROPERTY LOCATED
AT 401 HAMBURG
AND OWNED BY ROBERT JAMES WILLIAMS
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated October
10, 2012.
The property sought to be annexed is described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 401 Hamburg(L 1 ON COR OF HAMBURG DR).
Said property is identified by the following Tax Parcel Number:
013-17-15-001
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September
25, 2012, and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
Minutes of Regular Meeting of 12/03/12
ITEM 9. ANNEXATION: Property located at 401 Hamburg, Tax Parcel Number
013-17-15-001, 0.19 =L Acres, Owned by Robert James Williams —Ordinance,
First Reading
On motion by Mayor Jones, second by Councilmember Adams, Council
unanimously passed on first reading an ordinance to effect the annexation of 0.19
± acres located at 401 Hamburg, and owned by Robert James Williams. This
property is identified as Tax Parcel Number 013-17-15-001.
The zoning classification recommended for this property, R-7, Small Lot, Single-
Family Residential, is consistent with the future land use classification of the
property, as specified in the Future Land use Element of the 2005 Comprehensive
Plan.
The ordinance text is as follows:
ORDINANCE NO. 2012-24
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 0.19 f ACRES OF PROPERTY LOCATED
AT 401 HAMBURG
AND OWNED BY ROBERT JAMES WILLIAMS
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-25 dated December 3, 2012, accepted a Petition for
Annexation and wish to annex the below described property; and
WHEREAS, the zoning classification recommended for the property proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
property as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
Minutes of Regular Meeting of 12/03/12
I. The following described property shall be annexed into the City of North
Augusta:
The property sought to be annexed is described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 401 Hamburg(L 1 ON COR OF HAMBURG DR).
Said property is identified by the following Tax Parcel Number:
013-17-15-001
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
II. The zoning classification recommended for the property to be annexed is
consistent with the Future Land Use Classification of the property as specified in
the Land Use Element of the 2005 Comprehensive Plan; therefore, the property
shall be zoned R-7, Small Lot, Single-Family Residential, as shown on a map
identified as "Exhibit B" titled "ANX 013 17 15 001 Zoning of Property Sought
to Be Annexed to the City of North Augusta" dated September 25, 2012 and
prepared by the City of North Augusta.
I11. Also included herein are the rights of way of Carpentersville Road adjoining the
property to be annexed as shown on a map identified as "Exhibit C" titled "ANX
013 17 15 001 Map of Property Sought to be Annexed to the City of North
Augusta" dated September 25, 2012 and prepared by the City of North Augusta.
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
V. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
Minutes of Regular Meeting of 12/03/12
ITEM 10. ANNEXATION: Property located at 401 Hamburg, Tax Parcel Number
013-17-15-001, 0.19 ±Acres, Owned by Robert James Williams —Ordinance,
Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on second reading an ordinance to effect the annexation of
annexation of 0.19 f acres located at 401 Hamburg, and owned by Robert James
Williams. This property is identified as Tax Parcel Number 013-17-15-001.
The zoning classification recommended for this property, R-7, Small Lot, Single-
Family Residential, is consistent with the future land use classification of the
property, as specified in the Future Land use Element of the 2005 Comprehensive
Plan.
Please see Item No. 9 above for the ordinance text.
ITEM 11. ANNEXATION: Property located at 437 Hamburg, Tax Parcel Number
013-18-04-001, 0.6 f Acres, Owned by Russell Cunningham, Jr. — Petition,
Resolution to Accept
On motion by Mayor Jones, second by Councilmember Carpenter, Council
unanimously passed a resolution accepting an annexation petition for 0.6 ± acres
located at 437 Hamburg and owned by Russell Cunningham, Jr. This property is
identified as Tax Parcel Number 013-18-04-001.
The resolution text is as follows:
RESOLUTION NO. 2012-26
TO ACCEPT A PETITION FOR ANNEXATION
OF 0.6 ±ACRES OF PROPERTY LOCATED
AT 437 HAMBURG
AND OWNED BY RUSSELL CUNNINGHAM, JR.
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated October
10, 2012.
The property sought to be annexed is described as follows:
Minutes of Regular Meeting of 12/03/12
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina,being
shown and designated as 437 Hamburg(S/S Hamburg Rd).
Said property is identified by the following Tax Parcel Number:
013-18-04-001
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
ITEM 12 ANNEXATION: Property located at 437 Hamburg, Tax Parcel Number
013-18-04-001, 0.6 f Acres, Owned by Russell Cunningham, Jr.— Ordinance,
First Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on first reading an ordinance to effect the annexation of 0.6
± acres located at 437 Hamburg, and owned by Russell Cunningham, Jr. This
property is identified as Tax Parcel Number 013-18-04-001.
The zoning classification recommended for this property, R-7, Small Lot, Single-
Family Residential, is consistent with the future land use classification of the
property, as specified in the Future Land use Element of the 2005 Comprehensive
Plan.
The ordinance text is as follows:
ORDINANCE NO. 2012-25
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 0.6± ACRES OF PROPERTY LOCATED
AT 437 HAMBURG
AND OWNED BY RUSSELL CUNNINGHAM, JR.
Minutes of Regular Meeting of 12/03/12
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-26 dated December 3, 2012, accepted a Petition for
Annexation and wish to annex the below described property; and
WHEREAS, the zoning classification recommended for the property proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
property as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
I. The following described property shall be annexed into the City of North
Augusta:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 437 Hamburg (S/S Hamburg Rd).
Said property is identified by the following Tax Parcel Number:
013-18-04-001
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
II. The zoning classification recommended for the property to be annexed is
consistent with the Future Land Use Classification of the property as specified in
the Land Use Element of the 2005 Comprehensive Plan; therefore, the property
shall be zoned R-7, Small Lot, Single-Family Residential, as shown on a map
identified as "Exhibit B" titled "ANX 013 18 04 001 Zoning of Property Sought to
Be Annexed to the City of North Augusta" dated September 25, 2012 and
prepared by the City of North Augusta.
III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Minutes of Regular Meeting of 12/03/12
IV. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
ITEM 13 ANNEXATION: Property located at 437 Hamburg, Tax Parcel Number
013-18-04-001, 0.6 f Acres, Owned by Russell Cunningham, Jr. — Ordinance,
Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on second reading an ordinance to effect the annexation of
annexation of 0.6 ± acres located at 437 Hamburg, and owned by Russell
Cunningham, Jr. This property is identified as Tax Parcel Number 013-18-04-
001.
The zoning classification recommended for this property, R-7, Small Lot, Single-
Family Residential, is consistent with the future land use classification of the
property, as specified in the Future Land use Element of the 2005 Comprehensive
Plan.
Please see Item No. 12 above for the ordinance text.
ITEM 14 ANNEXATION: Property located at 1448 Hammond Pond Road, Tax
Parcel Number 006-05-02-003, 1.01 ± Acres, Owned by Laura R. Boykin —
Petition, Resolution to Accept
On motion by Mayor Jones, second by Councilmember Baggott, Council
unanimously passed a resolution accepting an annexation petition for 1.01 ±
acres located at 1448 Hammond Pond Road and owned by Laura R. Boykin.
This property is identified as Tax Parcel Number 006-05-02-003.
The resolution text is as follows:
RESOLUTION NO. 2012-27
TO ACCEPT A PETITION FOR ANNEXATION
OF 1.01 ± ACRES OF PROPERTY LOCATED
AT 1448 HAMMOND POND ROAD
AND OWNED BY LAURA R. BOYKIN
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
Minutes of Regular Meeting of 12/03/12
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the governing body of the City of North Augusta determines it to be
in the best interest of the City to accept a petition for annexation attached hereto dated October
10, 2012.
The property sought to be annexed is described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 1448 Hammond Pond Road (West of Highway 230).
Said property is identified by the following Tax Parcel Number:
006-05-02-003
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September
25, 2012, and prepared by the City of North Augusta.
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta in meeting duly assembled and by the authority thereof that the Petition to
annex the property described herein is hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
52012.
ITEM 15. ANNEXATION: Property located at 1448 Hammond Pond Road, Tax
Parcel Number 006-05-02-003, 1.01 f Acres, Owned by Laura R. Boykin —
Ordinance, First Reading
On motion by Councilmember Baggott, second by Councilmember McDowell,
Council unanimously passed on first reading an ordinance to effect the
annexation of 1.01 f acres located at 1448 Hammond Pond Road, and owned by
Laura R. Boykin. This property is identified as Tax Parcel Number 006-05-02-
003.
The zoning classification recommended for this property, R-14, Large Lot,
Single-Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
The ordinance text is as follows:
Minutes of Regular Meeting of 12/03/12
ORDINANCE NO. 2012-26
TO CHANGE THE CORPORATE LIMITS
OF THE CITY OF NORTH AUGUSTA
BY ANNEXING 1.01 ± ACRES OF PROPERTY LOCATED
AT 1448 HAMMOND POND ROAD
AND OWNED BY LAURA R. BOYKIN
WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South
Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this
section, any area or property which is contiguous to a municipality may be annexed to the
municipality by filing with the municipal governing body a petition signed by all persons
owning real estate in the area requesting annexation. Upon the agreement of the governing body
to accept the petition and annex the area, and the enactment of an ordinance declaring the area
annexed to the municipality, the annexation is complete"; and
WHEREAS, the Mayor and City Council of the City of North Augusta, by
adoption of Resolution No. 2012-27 dated December 3, 2012, accepted a Petition for
Annexation and wish to annex the below described property; and
WHEREAS, the zoning classification recommended for the property proposed
for annexation has been reviewed for consistency with the Future Land Use Classification of the
property as specified in the Land Use Element of the 2005 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that:
I. The following described property shall be annexed into the City of North
Augusta:
All that certain piece, parcel or lot of land, with the improvements thereon,
situate, lying and being in the County of Aiken, State of South Carolina, being
shown and designated as 1448 Hammond Pond Road (West of Highway 230).
Said property is identified by the following Tax Parcel Number:
006-05-02-003
The property to be annexed is also shown on a map identified as "Exhibit A"
titled "Map of Property Sought to be Annexed to the City of North Augusta"
dated September 25, 2012, and prepared by the City of North Augusta.
II. The zoning classification recommended for the property to be annexed is
consistent with the Future Land Use Classification of the property as specified in
the Land Use Element of the 2005 Comprehensive Plan; therefore, the property
shall be zoned R-14, Large Lot, Single-Family Residential, as shown on a map
Minutes of Regular Meeting of 12/03/12
identified as "Exhibit B" titled "ANX 006 05 02 003 Zoning of Property Sought
to Be Annexed to the City of North Augusta" dated September 25, 2012 and
prepared by the City of North Augusta.
III. Also included herein are the rights of way of Hammond Pond Road adjoining the
property to be annexed as shown on a map identified as "Exhibit C" titled "ANX
006 05 02 003 Map of Property Sought to be Annexed to the City of North
Augusta" dated September 25, 2012 and prepared by the City of North Augusta.
IV. All ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
V. This Ordinance shall become effective immediately upon its adoption on third
and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
ITEM 16. ANNEXATION: Property located at 1448 Hammond Pond Road, Tax
Parcel Number 006-05-02-003, 1.01 f Acres, Owned by Laura R. Boykin —
Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously passed on second reading an ordinance to effect the annexation of
annexation of 1.01 ± acres located at 1448 Hammond Pond Road, and owned by
Laura R. Boykin. This property is identified as Tax Parcel Number 006-05-02-
003.
The zoning classification recommended for this property, R-14, Large Lot,
Single-Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
Please see Item No. 15 above for the ordinance text.
ITEM 17. ECONOMIC DEVELOPMENT: Development Agreement Between North
Augusta Riverfront Company, LLC, and the City of North Augusta —
Motion to Remove From Table
On motion By Mayor Jones, second by Councilmember Carpenter, a motion to
remove the above referenced item from the table was made. Voting for the
motion to remove from the table were: Mayor Jones and Councilmembers
Adams, Baggott, Carpenter, McDowell, and Whinghter. Voting against the
Minutes of Regular Meeting of 12/03/12
motion to remove from the table was Councilmember Shealy. The motion passed
6/1.
ITEM 18 ECONOMIC DEVELOPMENT: Development Agreement Between North
Augusta Riverfront Company, LLC, and the City of North Augusta —
Ordinance, First Reading
On motion by Councilmember Carpenter, second by Councilmember McDowell,
Council considered an ordinance on first reading to approve a Development
Agreement between the City of North Augusta and North Augusta Riverfront
Development Company, LLC for 44.01± acres of real estate lying within the City
of North Augusta in the proximity of the Savannah River generally referred to as
the Hammond's Ferry area.
On motion by Councilmember Whinghter, second by Councilmember Shealy, a
motion to amend the proposed development agreement as follows was made:
STATE OF SOUTH CAROLINA )
DEVELOPMENT AGREEMENT
COUNTY OF AIKEN )
This Development Agreement (the "Development Agreement") is made and entered into this day
of , 2012, by and between NORTH AUGUSTA RIVERFRONT COMPANY, LLC, a
Delaware limited liability company (the "Company"), and the CITY OF NORTH AUGUSTA, a municipal
corporation organized and existing under the laws of the State of South Carolina(the"City").
WITNESSETH:
WHEREAS, it is the desire of the City and its citizens to create a more livable community, to spur
economic vitality, to integrate the waterfront of the Savannah River into the life and work of the City, to develop
parkland, green space and recreational facilities for all its citizens and to create a community easily accessed on
foot,by bicycle or other alternative means of transportation; and,
WHEREAS, the City has determined that its objectives can best be achieved by facilitating the
development of certain property to be known as Phases A4 and A5, and Phase B of Hammond's Ferry, including
the Hammonds Ferry Riverfront Center, such area comprising in excess of 25 acres(the"Project Area")adjacent to
the Savannah River, which are intended to be developed into a mixed use neighborhood containing residential,
commercial and civic uses(the"Project"); and,
WHEREAS, the City shall provide the Project with those services generally provided to its citizens,
including water,sewer and garbage collection services;and,
WHEREAS, on October 18, 2010 the City adopted Ordinance No. 2010-13 to approve the Revised
General Development Plan for the Hammond's Ferry Planned Development (the "Riverfront Ordinance") which
established certain regulations which will apply to the proposed development of the Project;and,
WHEREAS, the Project is consistent with the City's comprehensive plan and land development
regulations,including the Riverfront Ordinance;and,
WHEREAS,the Company possesses particular qualifications to develop the Project as desired by the City;
and,
Minutes of Regular Meeting of 12/03/12
WHEREAS, the legislature of the State of South Carolina has enacted the "South Carolina Local
Government Development Agreement Act" (the "Act"), as set forth in Sections 6-31-10 through 6-31-160 of the
South Carolina Code of Laws(1976),as amended;and,
WHEREAS, the Act recognizes the benefit of providing developers with "reasonable certainty as to the
lawful requirements that must be met in protecting vested property rights, while maintaining the authority and duty
of the government to enforce the laws and regulations which promote the public safety, health, and general
welfare;"and,
WHEREAS, the Act authorizes local governments, including municipal governments, to enter into
development agreements with developers to accomplish this and other goals as set forth in Section 6-31-10 of the
Act; and,
WHEREAS, the City and the Company entered into that certain Development Agreement dated June 23,
2003 (the"Initial Development Agreement"), as amended by a First Amendment to Development Agreement dated
February 2, 2004 and a Second Amendment to Development Agreement dated October 7, 2004, which contained
certain agreements of the parties related to the Project and other portions of the Hammonds Ferry development, and
said Initial Development Agreement has now expired;and,
WHEREAS, the Company and the City entered into that certain Real Estate Purchase Agreement dated
June 23, 2003 (the"Real Estate Contract"), as amended by First Amended and Restated Purchase Agreement dated
February 2,2004 and Amendment Number One to First Amended and Restated Purchase Agreement dated October
7, 2004, pursuant to which the Company acquired certain property, including the lands now owned by the
Company, which property is generally shown on Exhibit A annexed hereto (the "Property"), and the City has
retained certain land to be used for public purposes,which lands are also generally shown on Exhibit A(the"Public
Land");and,
WHEREAS, the Company intends to develop the Property in accordance with the Riverfront Ordinance
and the City intends to develop the Public Land for public use and enjoyment; and,
WHEREAS,the Real Estate Contract was deemed satisfied by that certain Tripartite Riverfront Agreement
dated November 10, 2010, following the conveyance of the Phase D land to Westo Development Company, LLC,
in accordance with the agreement of the parties; and,
WHEREAS,the Company has a vested interest and rights in the Property;and,
WHEREAS, the City and the Company both deem it to be in their best interests,and the best interests
of the citizens of the City, to enter into this Development Agreement, which shall supersede the Initial
Development Agreement and the Real Estate Contract; and,
WHEREAS,notwithstanding the foregoing,the City is also giving consideration to an alternative approach
to development within the Project Area in connection with an initiative known as "Project Jackson" and has
requested the Company's cooperation in this connection,recognizing that such cooperation may require the deferral
of certain obligations provided for in this Development Agreement; and,
WHEREAS, the parties further acknowledge that a full implementation of Project Jackson could
result in this Development Agreement being replaced in its entirety as contemplated by Article Ten of this
Agreement.
NOW THEREFORE,in consideration of the foregoing premises and other good and valuable
consideration,the parties agree as follows:
ARTICLE ONE
Minutes of Regular Meeting of 12/03/12
INCORPORATION. The above recitals are hereby incorporated into this Agreement,together with the South
Carolina General Assembly findings asset forth in Section 6-31-10(B)of the Act.
ARTICLE TWO
DEFINIT/ONS The following terms when used in this Development Agreement(unless the context clearly
indicates to the contrary)shall have the following meanings:
(a) "Act" shall mean the South Carolina Local Government Development Agreement Act, as codified in
Sections 6-31-10 through 6-31-160 of the Code of Laws of South Carolina(1976),as amended.
(b) "City" shall mean and refer to the City of North Augusta, a municipal corporation organized and existing
under the laws of the State of South Carolina.
(c) "Company" shall mean and refer to the North Augusta Riverfront Company, LLC a Delaware limited
liability company.
(d) "Development"shall have the meaning attributed to such term in the Act.
(e) "Development Rights" shall mean Development undertaken by the Company in accordance with the
Riverfront Ordinance,the Zoning Regulations and this Development Agreement.
(f) "Event of Default" shall mean the occurrence of a breach of a term of this Agreement, following which
notice of such breach has been given to the defaulting party, and which breach has not been cured within
thirty (30) days following the giving of said notice; provided, however, that if the defaulting party
commences the cure of said breach within said thirty (30)-day period, and continues with diligence to
endeavor to cure same, said thirty (30)-day period shall be extended, and no Event of Default shall be
deemed to occur, for such additional period as shall reasonably be required to enable the defaulting party
to complete such cure. In the absence of an Event of Default, no right or remedy shall arise as a result of
any breach,default or other failure to perform hereunder.
(g) "Master Plan" shall mean and refer to that certain map depicting the Project Area, a copy of which is
attached hereto as Exhibit A. It is understood and agreed that the Master Plan shall evolve over time, and
that the Company may revise same from time to time, so long as the Master Plan continues to comply with
the Riverfront Ordinance.
(h) "Project Jackson"shall mean an alternate proposal for development of the real estate that is subject to this
Development Agreement,involving additional developers.
(i) "Term"shall mean the duration of this Development Agreement as set forth in Article Three hereof.
(j) "Zoning Regulations"shall mean the current North Augusta Zoning and Development Standards,and shall
be deemed to include the Riverfront Ordinance. It is understood that pursuant to the Riverfront Ordinance,
conflicts between other Zoning Regulations and the Riverfront Ordinance shall be resolved in favor of the
Riverfront Ordinance. The City hereby represents that the Zoning Regulations and the Riverfront
Ordinance constitute all of the City of North Augusta's rules, regulations and ordinances governing the
development of the Property as of the date hereof. A complete copy of the Zoning Regulations and
Riverfront Ordinance are attached hereto collectively as Exhibit B,and incorporated herein by reference.
ARTICLE THREE
TERM. The term of this Development Agreement shall commence on the date this Development
Agreement is executed by the City and the Company, and shall terminate five (5) years thereafter; provided
however, that the term of this Agreement may be renewed for such periods of time as determined by mutual
agreement of the parties
ARTICLE FOUR
CHANGES To ZONING REGULATIONS. The Zoning Regulations shall not be amended, modified or
supplemented during the Term in any way that affects the Property, without the express written consent of the
Company. It is acknowledged that nothing in this Development Agreement shall be deemed or construed to affect
Minutes of Regular Meeting of 12/03/12
the right of the Company(or any other person) to seek a variance from the provisions of the Zoning Regulations in
accordance with applicable state and local laws in effect at the time of the variance application.
ARTICLE FIVE
DEVELOPMENT SCHEDULE.
(a) INITIAL PUBLIC IMPROVEMENTS BY CITY.
The City, within one (1) year from the signing of this Agreement will complete the public improvements to
u..,l.-ead Avenue an Center Street as identified on Exhibit C and the Addendum attached thereto.Notwithstanding
the foregoing, in the event the City desires to defer the construction of such public improvements during the
consideration of Project Jackson,the City may elect to defer such work for up to one(1)year.
(b) DEVELOPMENT BY COMPANY.
1) Within ninety(90)days of the completion of the public improvements by the City as outlined
in Paragraph (a) above, the Company shall commence construction of not less than 4,000
square feet of retail development on Center Street or Railroad Avenue and complete said
construction within one(1)year of commencement.
2) Within nineteen (19) months of the completion of the public improvements by the City as
outlined in Paragraph (a) above, the Company shall commence construction of not less than
an additional 4,000 square feet of retail development on Center Street or Railroad Avenue
with such construction to be completed within one(1)year of commencement.
Notwithstanding the foregoing, during the consideration of Project Jackson,the foregoing obligations shall
be deferred for up to one(1)year,unless both the City and the Company mutually determine that such development
will not be inconsistent with Project Jackson.
Acv tn,]n a, Dr•D]t-i otnn i�.c�tcr ro n�-�'I7.}_
The GA5, will complete the balance of the publie tinprovements as identified in Fxhibit C, and the Addendum
attached thereto, at such time as !he Company provides (0 its
�i '---1'lZ(vI"STT'!'.-ZTriTCZ Z L3C 2]]CO Livl l. C]D D
undertaking
agreement to constfuet a facility within the PFej
Area with a .quare footage of net less than 15,000 square feet (the "Additional Private improvements"), such
constpaetion to commenee not later than ninety(90) days fallowing completion by the City of sufficient portions of
third party beneficiary of an),lease of other contractual arrangement, fiar the con!truetion of the Additional Priv
1fliffevements. The term "suffietent
a, used above. shall be deemed to proN,ide passable access to t
,ilab
prope,-t fl r lit.. thereto '
buildingThe City shall not be reqtttr-ed to commenee the const+uetton of said public improvements until suGh time as a
commencement permit has been ob-'anned- fiDr-4he eenstFuction of the Additional Private impr-ovements r-e-quifed hereunde+
and work actually oommences, with the exception that the Gity shall per-foFm the portion of said in4astructure that
is feasonab., ioF to the commeneemen! of wor-k on the Additional Private improvements. The-City sh
be Fesponsible fer compietion of the remaining public impFovem@nts Nk,ttlun one (1) year- from the date of th
F said eonstmetion, of such earlier-db--cci fae litate- ., timely opening
of the Additional Pr-t%ate improvements.
Nlotwithstanding the foregoingg the event the Cit s t defer- the stf ,.tlo of ..h „4.1.,., y �
ents
the eensideration of Project jaekson, the City may elect to defer sueli work f0f up to one (44
b
althoughyeaf
Fhe Development Schedule fef the balance of developiuent on the Property is annexed hereto as Pxhibit D
undeFstood and agfeed that
Minutes of Regular Meeting of 12/03/12
right rb to an extenston ,f the T-efni at 1 t date, in ram .,rh +.rri_r� �T___t �.`ticsur-.T""ivii tiiai
development of aEld tion t t)or4on—s_c.i ihi -•pert„w t.,t-vlongerSv`010pl-nt'n�
Sehed t P t t the A .t the failure^ „f the Company to meet the De ,tet, C,.hn i„le shall not, in and of
it if constitute a material h eli of the Development Agreement, but ,+ h ,i ,.i based upon the totality of
tile 01FC-tinistances.
ARTICLE SIX
EFFECT OF FUTURE LA ws. The Company shall have vested rights to undertake Development of any or all
of the Property in accordance with the Zoning Regulations, as defined herein and modified hereby, and as may be
modified in the future pursuant to the terms hereof, for the entirety of the Term. Future enactments of, or changes
or amendments to City ordinances, including zoning or development standards ordinances, which conflict with the
Zoning Regulations shall apply to the Property only if permitted pursuant to the Act, and shall be subject to the
Riverfront Ordinance.
The parties specifically acknowledge that this Development Agreement shall not prohibit the application of any
present or future building, housing, electrical, plumbing, gas or other standard codes, or any tax or fee of general
application throughout the City,necessary to protect the health, safety and welfare of the citizens of North Augusta.
Notwithstanding the above, the City may apply subsequently enacted laws to the Property only in accordance with
the Act.
ARTICLE SEVEN
The parties recognize that mutual cooperation will be necessary to timely and efficiently construct the
infrastructure necessary to serve the Project. The following items of particular importance have been agreed upon
by the parties:
(a) PUBLIC RIVERFRONT CENTER INFRASTRUCTURE. The City will pay for all costs associated with
design and construction of the infrastructure generally shown as the "Public Infrastructure" on Exhibit C annexed
hereto, and as further described in the Addendum to Exhibit C attached thereto. The Company will be responsible
for conveying to the City all rights of way and land not already owned by the City necessary for the Public
Infrastructure, including the parking lot east of Center Street, which shall become a municipal parking facility
available to the public. At the request of the City, the Company will consider undertaking the construction of such
improvements, for the cost of such work, plus a fee equal to 5% of the hard costs of construction(the "CM Fee"),
pursuant to a separate agreement satisfactory to the parties. In such event, the City shall agree to reimburse the
Company for the cost of such work on a monthly basis, as such costs are incurred, and pay the Company the CM
Fee on a monthly basis. The City shall commence construction of the Public Infrastructure on or before March 1,
2013,and shall complete such work on or before February 1,2014, such dates to be extended for causes beyond the
reasonable control of the City, or for up to one year during the consideration of Project Jackson. As noted above,
the City shall be responsible initially for the public improvements to Center Street and Railroad Avenue, «tid the
balanee of the publie improvements shall not be an obligation of'the Cit) until the Company hat; satisfied
requirements of Article
Section (e). and that the abligation to construot suGh public iWr-oN,ements may be
d r i t id ,.t� F Project Jackson, t l th above.. It is further understood that(i) the City may
c-icricccvm=rir�cm cc-��cx�z Corr,-'a.i .�c v'rc.c awe.—.
wish to expand the proposed parking lot in the southeast block by adding a deck,and if the City desires to do so,the
Company shall provide its reasonable cooperation, and (ii) when the City constructs the Center Street and Railroad
Avenue improvements,it shall also construct temporary parking facilities in the southeast parking area or elsewhere
in the Project Area, which temporary parking facilities shall support use of the parkland in the riverfront vicinity
and the private development on Center Street and Railroad Avenue,as referenced above in Article V.
(b) RlVERFRONTPARK. The City currently owns or the Company shall convey to the City the property
necessary for the development of a riverfront park in the Project Area, as general shown on the Master Plan. The
City will be responsible and pay for the design and construction of said park. The City will endeavor to complete
the design of the riverfront park on or before December 31, 2013, and to complete construction of same on or
before December 31, 2014, such dates to be extended for causes beyond the reasonable control of the City, or
during the consideration of Project Jackson(with deferral due to Project Jackson not to exceed one(1) year,unless
the parties agree otherwise).
Minutes of Regular Meeting of 12/03/12
(c) PRIVATE DEVELOPMENT. The Company agrees to pursue the private development in the Project,
as permitted by the Riverfront Ordinance, subject to certain conditions hereinafter set forth. Among other things,
the City acknowledges that adequate financing will need to be obtained in order for the Company to complete such
private development. In addition, the private development is dependent upon obtaining suitable parties willing to
lease or purchase parcels of land within the Project Area at prices and upon terms satisfactory to the Company. The
City agrees to accept the deeds of dedication to all streets,roads, lanes and avenues, and all water, sewer and storm
water systems, all parks, and all other public infrastructure within the Project upon their completion in accordance
with established standards and procedures in place as of the date hereof,or other mutually agreed-upon procedures.
(d) LAND EXCHANGE. The City and the Company hereby agree to exchange title to the lands
generally shown on Exhibit E attached hereto. It is agreed that the lands to be exchanged shall be more particularly
described in a survey to be prepared by the Company, subject to the City's approval, such approval not to be
unreasonably withheld or delayed. As indicated in Exhibit E,the lands to be conveyed by the City to the Company
hereunder shall also include portions of the right of way for Railroad Avenue that are in excess of the required 50
feet in width, all as to be more particularly described in said survey to be prepared by the Company and approved
by the City.
(e) PERIODIC REVIEW. Performance by the Company shall be subjectcompliance with Section 6-31-
90 of the South Carolina Code of Laws, as to periodic review, not less than once every twelve (12) months, to
assess whether the Company has complied in good faith with the terms of this Agreement, and as to the remedies
for non-performance set forth in said statute.
ARTICLE EIGHT
LAND EXCHANGE DATES of TRANSFER
Within ninety (90) days from the approval of this Development Agreement, the Company shall transfer
title to the City all lands required for the completion of road construction and the Riverfront Park. This would
include Center Street all the way to the Riverfront Park and RA+Iroaa kven ea. The City may request title for the
parking lot property east of Center Street at any time following the commencement of the design of said parking lot
by the City. The Company shall then be required to convey title to said property within thirty (30) days of such
request. Upon receipt of the deed by the City to said property, the City would then have a legal obligation to
construct the parking lot on the premises transferred.
For all other title to real estate,related to improvements to be constructed by the City,the City would have
the right to request the transfer of the real estate required, at any time following the commencement of design
related to such improvements. The Company shall then be required to convey title to the necessary property within
thirty (30) days of such request. Upon receipt of the deed by the City to such property, the City would then have
the legal obligation to construct the improvements as intended for the premises.
The parcels of land, designated by this Agreement to be exchanged and conveyed by the City to the
Company would be done contemporaneously with the transfer by the Company to the City of the Riverfront Park,
Center Street property transfers.
ARTICLE NINE
DEFAULT. Upon the occurrence of an Event of Default, the non-defaulting party shall have the right to
pursue all rights and remedies available to it at law or in equity.
ARTICLE TEN
MODIFICATION OF AGREEMENT. This Development Agreement maybe modified or amended only by the
written agreement of the City and the Company. No statement, action or agreement hereafter made shall be
effective to change, amend, waive, modify, discharge, terminate or effect an abandonment of this Agreement in
whole or in part unless such statement,action or agreement is in writing and signed by the party against whom such
change, amendment, waiver, modification, discharge, termination or abandonment is sought to be enforced. The
Minutes of Regular Meeting of 12/03/12
City and the Company do, however, recognize that as the Project proceeds, it may become desirable for some
provisions of this Agreement to be revised, including the provision of reasonable extensions of time. The City and
the Company shall cooperatively negotiate and mutually approve any reasonable modifications and additions that
may be requested.Furthermore, it is acknowledged that if the parties elect to implement Project Jackson, significant
amendments to, or possible replacement of, this Development Agreement shall be required, and the parties agree to
cooperate with one another in this regard.
ARTICLE ELEVEN
NOTICES. All notices and demands which a party is required to or may give to another party hereunder
shall be in writing and shall be delivered or addressed to the other at the address below set forth or to such other
addresses as such party may from time to time direct by written notice given in the manner herein prescribed, and
such notices and demands shall be deemed to have been given or made only when made by hand delivery or by
recognized overnight courier service, such as Federal Express. All notices and demands shall be addressed as
follows:
IF TO THE CITY: City of North Augusta
Municipal Building
100 Georgia Avenue
North Augusta, South Carolina 29841
Attention: City Manager
WITH A COPY TO: Kelly F. Zier,Esq.
602 West Avenue
North Augusta, South Carolina 29841
IF TO THE COMPANY: North Augusta Riverfront Company,LLC
c/o LeylandAlliance LLC
P.O. Box 878—233 Route 17
Tuxedo,New York 10987
Attention: Howard Kaufman,Esq.
WITH A COPY TO: J.Noel Schweers III,Esq.
P.O. Box 31390
Augusta,Georgia 30903
ARTICLE TWELVE
ENFORCEMENT. Any party hereto shall have the right to enforce the terms, provisions and conditions of
this Agreement by any remedies available at law or in equity, including specific performance, and the right to
recover attorneys' fees and costs associated with said enforcement.
ARTICLE THIRTEEN
GENERAL'
VESTED RIGHTS. All rights accorded the Company by this Development Agreement shall immediately
constitute vested rights of the Company for the Development and uses of the Property. This Development
Agreement does not abrogate, and shall supplement, any rights that may vest in the Company pursuant to common
law or would otherwise vest in the Company in the absence of this Development Agreement.
SUBSEQUENTLAWS. In the event state or federal laws or regulations are enacted after the execution of this
Development Agreement or decisions are issued by a court of competent jurisdiction which prevent or preclude
compliance with the Act or one or more provisions of this Agreement ("New Laws"), the provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such New Laws. Immediately after
enactment of any such New Law, or court decision, a person designated by each of the Company and the City shall
meet and confer in good faith in order to agree upon such modification or suspension based on the effect such New
Minutes of Regular Meeting of 12/03/12
Laws would have on the purposes and intent of this Agreement. During the time that these parties are conferring on
such modification or suspension or challenging the New Laws,the City and the Company may each take reasonable
action to comply with such New Laws. Should the Company and the City be unable to agree to a modification or
suspension of this Agreement, either party may petition a court of competent jurisdiction for an appropriate
modification or suspension of this Agreement. In addition, the Company and the City each shall have the right to
challenge the New Laws preventing compliance with the terms of this Agreement. In the event that such challenge
is successful,this Agreement shall remain unmodified and in full force and effect.
ESTOPPEL CERTIFICATE. The City and the Company may, at any time, and from time to time, deliver
written notice to the other applicable party requesting such party to certify in writing:
(1) that this Agreement is in full force and effect,
(2) that this Agreement has not been amended or modified, or if so amended, identifying the
amendments,
(3) whether, to the knowledge of such party, the requesting party has committed an Event of Default,
and
(4) whether, to the knowledge of such party, any event has occurred or failed to occur which, with
the passage of time or the giving of notice, or both, would constitute an Event of Default and, if
so, specifying each such event.
ENTIRE AGREEMENT. This Development Agreement sets forth all of the agreements, conditions and
understandings between the City and the Company relative to the Property and its development and there are no
promises, agreements, conditions or understandings, oral or written, expressed or implied, among these parties
relative to the matters addressed herein other than as set forth in such documents.
No PARTNERSHIP OR JOINT VENTURE. Nothing in this Development Agreement shall be deemed to create a
partnership or joint venture between the City and the Company or to render either party liable in any manner for the
debts or obligations of another party.
EXHIBI7S. All exhibits attached hereto and/or referred to in this Development Agreement are incorporated
herein as though set forth herein in full.
CONSTRUCTION. The parties agree that each party and its counsel have reviewed and revised this
Development Agreement and that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Development Agreement or any amendments or
exhibits hereto.
ASSIGNMENT Other than as expressly provided for herein, no rights, obligations, duties or responsibilities
devolved by this Development Agreement on or to the City are assignable to any other person, firm, corporation or
entity. The Company may assign its rights under this Development Agreement upon obtaining the consent of the
City, such consent not to be unreasonably withheld or delayed.
GOVERNING LAw. This Development Agreement shall be governed by the laws of the State of South
Carolina.
COUNTERPARTS. This Development Agreement may be executed in several counterparts, each of which
shall be deemed an original,and such counterparts shall constitute but one and the same instrument.
AGREEMENT TO COOPERATE, FURTHER ASSURANCES. In the event of any legal action instituted by a third
party or other governmental entity or official challenging the validity of any provision of this Development
Agreement, the parties hereby agree to cooperate in defending such action; provided, however, each party shall
retain the right to pursue its own independent legal defense. Each party shall take all further actions as may be
reasonably necessary or desirable in connection with carrying out the purposes of this Agreement.
Minutes of Regular Meeting of 12/03/12
EMINENT DOMAIN. Nothing contained in this Development Agreement shall limit, impair or restrict the
City's right and power of eminent domain under the laws of the State of South Carolina.
NO THIRD PARTY BENEFICIARIES. The provisions of this Development Agreement maybe enforced only by
the Company and the City and their respective successors and permitted assigns. No other persons shall have any
rights hereunder.
RECORDING. This Development Agreement shall be recorded in the Office of the Register of Deeds for
Aiken County, South Carolina. The burdens of this Development Agreement shall be binding upon, and the
benefits of this Development Agreement shall inure to, all successors in interest to, and all permitted assigns of,the
Company and the City.
IN WITNESS WHEREOF, the parties have caused this Development Agreement to be executed and
delivered by their duly authorized officers as of the day and year first above written.
THE COMPANY: THE CITY:
NORTH AUGUSTA RIVERFRONT NORTH AUGUSTA,
COMPANY,LLC SOUTH CAROLINA
By: By:
Its: Its:
The motion also included that any reference to infrastructure improvements of
Railroad Avenue and Front Street be removed from the Addendum to Exhibit C.
Voting for the motion to amend were: Councilmembers Whinghter and Shealy.
Voting against the motion to amend were Mayor Jones and Councilmembers
Adams, Baggott, Carpenter, and McDowell. The motion failed 2/5.
Vote was then taken on the original motion to approve a Development
Agreement between the City of North Augusta and North Augusta Riverfront
Development Company, LLC for 44.01± acres of real estate lying within the City
of North Augusta in the proximity of the Savannah River generally referred to as
the Hammond's Ferry area.
Voting for the motion were: Mayor Jones and Councilmembers Adams, Baggott,
Carpenter, and McDowell. Voting against the motion were Councilmembers
Shealy and Whinghter. The motion passed 5/2.
The proposed ordinance text is as follows:
ORDINANCE NO. 2012-14
TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NORTH
AUGUSTA AND NORTH AUGUSTA RIVERFRONT DEVELOPMENT COMPANY, LLC
FOR 44.01± ACRES OF REAL ESTATE LYING WITHIN THE CITY OF NORTH
AUGUSTA IN THE PROXIMITY OF THE SAVANNAH RIVER GENERALLY REFERRED
TO AS THE HAMMOND'S FERRY AREA.
Minutes of Regular Meeting of 12/03/12
WHEREAS, the City of North Augusta, through its staff has for a period of time
discussed and negotiated a possible Development Agreement with North Augusta Riverfront
Company, LLC for such companies proposed development of a tract of land containing
approximately 44.01± acres of land lying in the Riverfront area of the City commonly referred
to as Hammond's Ferry; and,
WHEREAS, the City Council has conducted two Public Hearings related to the adoption
of this Development Agreement in accordance with Section 6-31 of the Code of Laws for the
State of South Carolina referred to as the South Carolina Local Government Development
Agreement Act; and,
WHEREAS, the Council has pursuant to their own review of the proposed Agreement, to
include the information received at the Public Hearings, revised and refined the Development
Agreement as initially proposed; and,
WHEREAS, the City Council believes that the Development Agreement as now drafted
is in the best interest of the City of North Augusta and should be entered into for the purpose of
encouraging both residential and commercial development within the area designated.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY
ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The Development Agreement that is attached hereto and marked "Exhibit All to this
Ordinance, being an agreement between the City of North Augusta and North Augusta
Riverfront Company, LLC is hereby approved by the City of North Augusta with the
City Administrator being authorized to formally execute such Development Agreement
on behalf of the City of North Augusta.
II. Said Agreement is in accordance with and subject to Section 6, Chapter 31 of the South
Carolina Code of Laws, as amended: SOUTH CAROLINA LOCAL GOVERNMENT
DEVELOPMENT ACT.
III. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
IV. This Ordinance shall become effect immediately upon its adoption of third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
OCTOBER, 2012.
Minutes of Regular Meeting of 12/03/12
ITEM 19. ECONOMIC DEVELOPMENT: Development Agreement Between North
Augusta Riverfront Company, LLC, and the City of North Augusta —
Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Carpenter, Council
passed an ordinance on second reading to approve a Development Agreement
between the City of North Augusta and North Augusta Riverfront Development
Company, LLC for 44.01± acres of real estate lying within the City of North
Augusta in the proximity of the Savannah River generally referred to as the
Hammond's Ferry area.
Voting for the motion were: Mayor Jones and Councilmembers Adams, Baggott,
Carpenter, and McDowell. Voting against the motion were Councilmembers
Shealy and Whinghter. The motion passed 5/2.
ITEM 20. STORMWATER MANAGEMENT: Citizen Complaint — Mike Hanna,
North Augusta, South Carolina
Citizen, Mike Hanna, 19 Crystal Lake Drive, North Augusta, South Carolina,
voiced his concerns over the lack of progress regarding stormwater management
of Crystal Lake. He asked City Administrator, Todd Glover, to review the
progress with Tom Zeaser, Director of Engineering and Public Services, and to
get back with him.
There being no further business, Council adjourned.
4,1----
APPROVED THIS DAY OF Respectfully submitted,
2012. 1 ,c �
r—cam"
Donna B. Young
Mayor Lark W. J s City Clerk