RES 2019-38 Adopted o O
RESOLUTION NO. 2019-38
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
WATER DISTRIBUTION SYSTEM SANITARY SEWER STORMWATER
COLLECTION AND FIRE SUPRESSION SYSTEMS DETENTION PONDS AND
ASSOCIATED EASEMENTS AND RIGHTS OF WAY ALONG WITH A
MAINTENANCE GUARANTEE AND LETTER OF CREDIT
FOR WANDO WOODLANDS, PHASE 6
WHEREAS, Wando Partners, L.P. developed Wando Woodlands, Phase 6
according to the requirements of the North Augusta Planning Commission and the City, and
owns the streets,utilities and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code,
the Director of Planning and Development and the City Engineer approved the final
subdivision plat for recording on October 4,2019 and
WHEREAS, it is the policy of the City that, upon approval of a final
subdivision plat, the City will, following inspection by the City's Engineering department,
accept a deed of dedication for the streets, utilities, etc. for the purpose of ownership and
maintenance when said deed is accompanied by a maintenance guarantee; and
WHEREAS, a maintenance guarantee and supporting letter of credit
accompany the deed; and
WHEREAS, the City Engineer has made final inspection of the subject
improvements and these improvements meet City standards.
NOW THEREFORE,BE IT RESOLVED that the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, do hereby accept a deed of dedication for:
ALL those certain streets and roadways located in Wando Woodlands Phase 5
designated as a portion of Dietrich Lane(50 foot right of way)and a portion of
Journey Run(50 foot right of way)as shown and delineated on a plat of Wando
Woodlands Phase Six dated August 8, 2019, revised October 18, 2019 and
recorded in the Office of the RMC for Aiken County, South Carolina, in Plat
Book 61, at Page 701. Reference is made to said plat, which is incorporated
herein by reference, for a more complete and accurate description as to the
metes,bounds and location of said property.
a 4
RESOLUTION ACCEPTING DEED OF DEDICATION—
WANDO WOODLANDS PH 6
TOGETHER WITH all(a)curbs and gutters located within the aforesaid
right of way of the streets and roadways; (b)sidewalks located within the
aforesaid right of way of the streets and roadways; (c) sanitary sewerage
collection systems including lift stations located on the property shown on the
aforesaid plat; (d) storm water collection system including storm water
detention areas located on the property shown on the aforesaid plat; (e)
greenways or other pedestrian connections outside the road tights-of-way but
located on the property shown on the aforesaid plat, and(f) a perpetual and
non-exclusive easement and rights-of-way for streets, sidewalks and potable
water, sanitary sewage and storm water collection systems located on the
property shown on the aforesaid plat.
Being a portion of the property conveyed to Wando Partners, L.P. by Title to
Real Estate from Gustav Schickendanz, Trustee, dated January 4, 2006
recorded in Record Book 4039, at Page 1283 in the Office of the RMC for
Aiken County, South Carolina.
Portion of Tax Map&Parcel: 001-16-01-002
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$101,250.00 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
_DAY OF November , 2019.
Robert A. Pettit, Mayor
ATTEST:
�h
Sharon Lamar, City Clerk
STATE OF SOUTH CAROLINA )
DEED OF DEDICATION
COUNTY OF AIKEN )
KNOW ALL MEN BY THESE PRESENTS:
That WANDO PARTNERS, L.P. (hereinafter called "Orantor'�, FOR AND IN
CONSIDERATION OF THE SUM OF ONE DOLLAR (51.00) AND BY WAY OF
DEDICATION to THE CITY OF NORTH AUGUSTA, a body politic and corporate and a
political subdivision of the County of Aiken and State of South Carolina (hereinafter called
"Grantee"), the receipt of which is hereby acknowledged, has granted, bargained, sold and
released, and by these presents does grant, bargain, sell and release unto Grantee, its successors
and assigns,the following described real estate,to wit:
ALL those certain streets and roadways located in Wando Woodlands Phase 5 designated as a portion of
Dietrich Lane(50 foot right of way)and a portion of Journey Way(50 foot right of way)as shown and
delineated on a plat of Wando Woodlands Phase Six dated August g, 2019, revised September 25 2019
and recorded in the Office of the RMC for Aiken County, South Carolina, in Plat Book!!f�, at Page
ZD L. Reference is made to said plat,which is incorporated herein by reference,for a more complete
and accurate description as to the metes,bounds and location of said property.
TOGETHER WITH all(a) curbs and gutters located within the aforesaid right of way of the streets end
roadways;(b)sidewalks located within the aforesaid right of way of the streets and roadways;(c)sanitary
sewerage collection systems including lift stations located on the property shown on the aforesaid plat;(d)
storm water collection system including storm water detention areas located on the property shown on the
aforesaid plat; (e) greenways or other pedestrian connections outside the road rights-of-way but located
on the property shown on the aforesaid plat,and(t)aperpetual and non-exclusive easement end rights-of-
way for streets,sidewalks and potable water, sanitary sewage and storm water collection systems located
on the property shown on the aforesaid plat.
Being a portion of the property conveyed to Wando Partners, L.P. by Title to Real Estate from Gustav
Schickendanz,Trustee, dated January 4,2006 recorded in Record Book 4039,at Page 1283 in the Office
of the RMC for Aiken County,South Carolina.
Tax Map&Parcel: Portion of 001-16-01-002
Grantee's Address: Post Office Box 6400
North Augusta,South Carolina 29861
TOGETHER with all and singular the rights,members,hereditaments and appurtenances
to the said premises belonging or in anywise incident or appertaining thereto,
TO HAVE AND TO HOLD,all and singular the premises before mentioned unto the said
Grantee, its successors and assigns forever, and the Grantor does hereby bind itself and its
successors and assigns,to warrant and forever defend all and singular the said premises unto the
said Grantee, its successors and assigns, against Grantor and Grantor's successors and assigns
and all persons whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS the Hand and Seal of the Grantor this ,day ofi`1.(—Z 1,U keA 2019
SIGNED,SEALED AND DELIVERED
IN THE PRESENCE OF WANDO PARTNERS,L.P.
By:Gustav Schickedanz of SC,Inc.,
General Partner
Witness, t
Name: _!, __•, i\ �. ,�•. •?il
Title: ;ltl fj_
Witness:
J .
[CORPORATE SEAL]
o a
STATE OF S'Lti'1'1 (MbI irk
� ACKNOWLEDGEMENT
COUNTY OF SJ_Nl.A-) )
1,the undersigned notary,do hereby certify that]�Y_ tj personally appeared
before me this day and acknowledged the due execution of the foregoing instrument on behalf of
Wando Partners,L.P. --11
Wimas+�y hand{{and official seal this the dayof.-&IN�&�2019.
NotaryV'pbY� kry>{I�etta�cfit(_ _?�.
My CommissionExpires:j a-7
[NOTARY SEAL]
a`po nmuu......
e''y`+tvAP o��O``@
C
STATE OF SOUTH CAROLINA
COUNTY OF AIKEN AFFIDAVIT
PERSONALLY appeared before me the undersigned,who being duly sworn,deposes and says:
1. I have read the information of this affidavit and I understood such information.
2. The property being transferred is located in Arleen County, bearing Aiken County Tax Map Number, 001-16-01-002
(Portion)was transferred by We_ndo Partners,LP m The Cit} of North Au_usta on ,AJO/ ;a ,2019.
3. Check one of the following: The dead is
(a) _subject to the deed recording fee as atransler for consideration paid or to be paid in money m money's worth.
(b) subject to the deed recording fee as a transfer between a corporation, a partnership, m other entity and a
stockholder,partner,orowner of the entity,oris a transfer to a trustor as a distribution to ahust bene5ciary.
(c) X exempt from the deed recording fee because(See Information section ofafdavit):
#2
(If exempt,please skip items 4—7 and go to item 8 of this affidavit.)
4. Check one of the following if either item 3(a)or item 3(b)above has been checked (See Information section
of this affidavit):
(a) The fee is computed on the Consideration paid or m be paid in moneyor money's worth in the
amount o[$.
(b) The fee is computed on the fair market value or the realty which is
(c) The to is Computed out the fair market value of the realty as established for property tax
purposes which is
5. Check Yes m No X to the following: A lien or encumbrance existed on the land,tenement,orrealty
before the hansfar and remained on the land,tenement,or realty after the transfer. If"Yes,"the amount of the
outstanding balance of this lien or encumbrance is:
6. The deed recording fee is computed as follows:
(a) Place the amount listed in item 4 above here: $0
(b) Place the amount listed in item 5 above here: -0-
(c) Subtract Line 6(b)from Line 6(a)and place result hem: So
7. The dad recording fee due is based on the amount listed on Line 6(c)above and the deed recording fee due is:
S. As required by Code Section 12-24-70,I state that I am a responsible person who was connected with the transaction as:
Grantor
9. 1 understand that a person requiredt,famish this affidavit who willfully furnishes a false or fraudulent affidavit is guilty of a
misdemeanor and,upon conviction,must be fined nofmore than one thousand dollars or imprisoned not more than one year,
or both.
SWORN n before stn this a Responsible person Cone, vel with the Transaction
Day of :_i 19.
l
Donald P.Howard _
MyCo'an'sCflrS}ith(::,.�;I-:' ( PrialorType Nrae Here
My Com,n'ssion Yxpim: GG ^
�U- d� Ouwaana,p�,p 44
a�ae�ELESiE1, w,
i 4 ROrggypyy'sc
i"
''' 4' CARO��
h3B11plFp
V+ �r
INFORMATION
Except as provided in Nu paragraph,the lean"value"mems"the consideration paid or to be paid in money or money's worth for the realty."
Co,uidcmtien paid m to be paid in money's worth includes,but is not limited to,other realty,personal property,steers,bonds,F msersblp interest
and other imaogibleproperty,the forgiveness or cancellation of a debt,the assumption oft debt,and the meandering of my rights, The fair market
value ofthe consideration must be used in calculating the consideration paid N money's worth. Taxpayers may elect m use the fair market value of
the realty being mu rferred in determining fair market value ofthe consideration. Ind.case ofraltytransferred m atrtwt m os a distributionm a
trust beneficiary,"value"means the realty's fair market value. A deduction from value is allowed for the mnoum of my Has in encumbrance
existing on the Ind,tenement,or malty before the transfer and remaining on the land,tenement,or malty after the transfer. Taxpayers may elect to
use the fair market value for property tan purposes in determining fair market value under the provisions of the law.
EXCEPTED FROM THE FEE ARE DEEDS:
1. transferring realty in which the value ofthe realty,m defined in Code Section 12-24-3D,is equal to or less than one hundred dollars;
2. transferring realty to the federal goverment or to a lime, its agencies and departments, and its political subdivisions, including school
distrim;
3. Car arcoth.I.exempted ends,the laws and Constitution of this Sme or the United States;
4, transferring really in which no gain or loss is recognized by reason of Section 1041 of the humid Revenue Code as defined in Section 12-
640(A);
5. t mafmriug realty in order in partition realty as long as no consideration is paid for the transfer other than the interest in the realty shun are
being exchanged in order m partition the ratty;
6. transferring m individual grave spare st a cemetery awned by a cemetery company,licensed under Chapter 55 of Tide 39;
7. that wostione a comer for die sale of timber to be cul;
8, hunsferring realty m a corporation,a partnership,or avast in order m become, or as, a stockholder,partner, or must beneficiary of die
entity provided no consideration is paid for the transfer other than nock In the corporation,interest in the partnership,beneficiary interest in
the test, or the increase in value in such stock or interest held by the greater. Howevm, the transfer of realty for a corporation, a
Partnership,or a trust m a stockholder,partner,or trust beneficiary of the atity is subject to the fee even if the malty is trossf d to
anothucorporation,a partnership,in trust;
9. treosfering realty from a family partnership to a partner or from family trust to a beneficiary,provided no cooaideration is paid for the
transfer other than a reduction in the grantee's interest in the partnership or"at A"family paMetsiip'u a padnersbip whose partners
are all members of the same family. A 'family trust" is a turn in which the becefsciaries arc all members of the same family. The
badciaries of a family "at may also include charitable entities. "Family" runs the grantor and the grater's spouse, pamms,
grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendents of my of the above. A
"charitable entity"mems an entity which may receive deductible contributions undo Section 170 ofthe Internal Revenue Cade as defined
in Section 12-640(A);
10. transferring ready in a Murry merger or consolidation from a constituent corporation to the coolinumg or new corporation;
If. tmwferring realty in a merger or consolidation from constituent partnership m the continuing or new partnership;
12. that omatiode a enrmective deed or a quitclaim deed used to confirm tide already versed in the grannie,provided that no consideration of
my kind is paid as or is to be paid under the corrective or quitclaim deed;and,
13. Transferring malty subject to a mortgage whether by s dead m lieu or mrccltsme executed by the mortgagor or dad executed pursumr in
forcolmum proceedings.
14. transferring realty from an agent to the agent's principal in which the realty was purchased with funds of the principal.provided Can a
notarized document is at%filed WM the deed that establishes the fact that the agent and principal relationship existed at the time of the
original purchase m well as for the purpose of purchasing the malty.
15transferring title to facilhiu for transmitting electricity that is rrmsferred,sold,or exchanged by eledricai udlides,mmicipalhim electric
moperativea,or political subdivisions to a limited liability company which is subject m regulation under the Federal Power Ant(16 U.S.C.
Section 791(a))and which is formed to operate or take functions]control of electric trenseriasian assets a dewed in the Fedeed Power
Act
SMITH, MASSEY, BRODIE, GUYNN & MAYES, LLC
ATTORNEYS AND COUNSELORS AT LAW
GARY H. SMITH. If POST OFFICE BOX 519 TELEPHONE
W. RAV MAS6EH 210 COLONY PARKWAY. SOUTHEAST (803)643-4110
BRAD A.BRODIE AIKEN, SOUTH CAROLINA 29802 FACSIMILE
MARY 0.GU"N•' (19031643-8140
W. DANIEL MAYES (80315"9057
SCOTT w PATrERSDN
iry XT,M CURYrv�
CERTIFICATE OF TITLE
TO: City of North Augusta
RE: Wando Partners,LP
Wando Woodlands Phase Six
North Augusta, South Carolina
EFFECTIVE DATE: October 8,2019 at 8:00 am.
PROPERTY: See Exhibit A attached hereto and incorporated herein
Fee Simple Owner(s): Wando Partners,LP
Derivation: Book 4039,Page 1283
Parcel No.: P/0001-16-01-002
THIS IS TO CERTIFY that we have examined the public records of Aiken County,South
Carolina relative to the title of the above-described real estate.
BASED UPON SUCH DVVESTIGATION, it is our opinion that the Wando Partners, LP is
vested with goad, fee simple, record, marketable title to the real estate described above subject to the
following liens, limitations and encumbrances of record and by delivery of a Deed of this property signed
by Donald P. Howard as authorized officer on behalf of Wanda Farmers, LP good and marketable title
will be conveyed to the City of North Augusta subject only to the following:
1. County of Aiken taxes for tax year 2019 are accruing and due and payable.County of Aiken taxes for
tax years 2018 and previous are current with no delinquency noted of record.
2. City of North Augusta taxes for tax year 2019 are accruing but not yet due and payable.City of North
Augusta taxes for tax years 2018 and previous are current with no delinquency noted of record.
3. Easement to South Carolina Electric&Gas Company dated August 24, 1955 and recorded in Book
60,page 164,Aiken Cowlty Records.
4. Easement to South Carolina Electric & Gas Company dated September 30, 1971 and recorded in
Book 170,page 307,Aiken County Records.
5. Deed of Easement for waste water treatment facility recorded in Book 1066,page 234,Aiken County
Records.
6. Title to Real Estate for property on Route 230 to South Carolina Department of Highways and
Transportation dated October 13, 1988 and recorded in Book 1101, page 137-139, Aiken County
Records.
7. Title to Real Estate for property on Route 230 to South Carolina Depar6nent of Highways and
Transportation dated October 13, 1988 and recorded in Book 1137,page 80,Aiken County Records.
S. Easement to Smith Carolina Electric&Gas Company dated November 5, 1989 and recorded in Book
1141,page 264,Aiken County Records.
9. Easement to South Carolina Electric&Gas Company dated February 1, 1990 and recorded in Book
1152,page 143,Aiken County Records.
10. Temporary and Permanent Sanitary Sewer Easement Agreement dated May 6, 2005 from Lydie C.
Bergen to Metro Homesites,LLC recorded in Deed Book 2514,page 93,Aiken County Records.
11. Easement from Meybohm Realty, Inc. to South Carolina Electric & Gas Company dated July 30,
2007 and filed for record in Book 4153,page 1427,Aiken County Records,
12. Easement from Wando Partners, LP in favor of South Carolina Electric & Gas Company dated
December 19,2012 and filed for record in Book 4437,page 2000,Aiken County Records.
13. Easement from Wando Partners, LP in favor of South Carolina Electric & Gas Company dated
January 9,2012 and filed for record in Book 4440,page 1559,Aiken County Records.
14. Easement from Wando Partners, LP in favor of Bellsouth Telecommunications dated February 24,
2016 and recorded August 1,2016 in Record Book 4616,Page 1573,Aiken County Records.
15. Covenants, conditions and restrictions recorded in the Declaration of Protective Covenants and
Restrictions for Wando Woodlands dated May 10, 2007 and recorded July 2, 2007 in Record Book
4146, at page 2121,Aiken County Records and amended in Record Book 4370,Page 2026, Record
4439,Page 2074, Record Book 4607,Page 2208, Record Book 4676, Page 1454 and Record Book
4682,Page 1937,Aiken County Records.
16. Declaration of Restrictive Covenants by Wando Partners, LP dated April 3,2015 and recorded April
23,2015 in Record Book 4549,Page 1082,Aiken County Records.
17. Matters as shown on Plat of Wando Woodlands Phase Six prepared for Wando Partners by Southern
Partners,Inc.dated August 8,2019 and revised September 25,2019.
18. Matters and things which would be revealed by a current and animate survey of the subject property.
19. Matters occurring subsequent to the inclusive dates of examination.
20. Matters which would not be revealed by a review of the public records regarding a proposed
purchasedborroweq who is not a current owner of the property.
21. Compliance with my local, county, state or federal government law or regulation relative to
environment, zoning, subdivision, occupancy, use, construction, or development of the subject
property.
22. Judgments, liens, and proceedings filed only in Federal Court. (Upon the filing of a petition in
Bankruptcy,title to real property vests in the Tmstce in Bankruptcy and notice thereof is not always
required to be filed in the County in which the Bankrupt owns property,, federal condemnation
proceedings may vest property in the Federal government)
23. STANDARD EXCEPTIONS: Interests or claims not disclosed by public records, including but not
limited to:
a. Unrecorded Mechanics! or Materialmen's liens. (Liens may be filed by persons or
entities furnishing labor or materials to any Improvements on real property within 90 days of performance
or furnishing of materials.)
b. Unrecorded leases.
C. Matters that may defeat or impair title which do not appear on record.
d. Taxes, Special Assessments and other governmental charges that are not shown as
existing liens by the public records.
a. Civil actions where no notice of us pendens appears of record.
SMITI I,}i aS�l,l,BRODIE,GUYNN&MAYES
�i
Mary O.Guynn
Post Office Box 519
Aiken,South Carolina 29802
(803)643-4110
Examining Attorney
v
EXIEBIT A
PROPERTY DESCRIPTION
ALL those certain streets and roadways located in Wando Woodlands Phase 5 designated as a portion of
Dietrich Lane(50 foot right of way)and a portion of Journey Way(50 foot right of way)as shown and
delineated on a plat of Wando Woodlands Phase Six dated August 8, 2019,revised September 25 2019
and recorded in the Office of the RMC for Aiken County, South Carolina, in Pim Book_ at Page
. Reference is made to said plat, which is incorporated herein by reference, for a more complete
and accurate description as to the metes,hounds and location of said property.
TOGETHER WITH all(a)curbs and gutters located within the aforesaid right of way of the streets and
roadways;(b)sidewalks located within the aforesaid right of way of the sheets and roadways;(c)sanitary
sewerage collection systems including lift stations located on the property shown on the aforesaid plat;(d)
storm water collection system including storm water detention areas located on the properly shown on the
aforesaid plat; (e) greenways or other pedestrian connections outside the road rights-of-way but located
on the property shown on the aforesaid plat,and(f)a perpetual and non-exclusive easement and Tights-of-
way for sheets,sidewalks and potable water,sanitary sewage and storm water collection systems located
on the property shown on the aforesaid plat.
Being a portion of the property conveyed to Wando Partners, L.P. by Title to Real Estate from Gustav
Schickendam,Trustee,dated January 4,2006 recorded in Record Book 4039,at Page 1283 in the Office
of the RMC for Aiken County,South Carolina
Tec Map&Parcel: Portion of 001-16.01-002
STATE OF SOUTH CAROLINA )
MAINTENANCE GUARANTEE
COUNTY OF AIKEN )
NAME OF SUBDIVISION: Wando Woodlands, Phase 6
DEVELOPER/OWNER: Wando Partners, L.P.
DATE OF FINAL SUBDIVISION PLAT APPROVAL: October 4,2019
MAINTENANCE GUARANTEE AMOUNT: $101,250.00
WHEREAS, Wando Partners, L.P. has submitted a final plat for Wando
Woodlands, Phase 6, prepared by Southern Partners, Inc., dated August 8,
2019, revised September 25, 2019,for 45 fee simple single-family lots situated in
the City of North Augusta, County and State aforesaid; and
WHEREAS, the North Augusta Planning Commission, meeting on May
17, 2018, did grant major subdivision plan (preliminary plat) approval for Wando
Woodlands, Phase 6, and the Director of Planning and Development and the City
Engineer signed the major subdivision plan (preliminary plat) on.July 20, 2018;
and
WHEREAS, the developer developed the approved major subdivision plan
for Wando Woodlands, Phase 6; and
WHEREAS, the City Engineer has inspected the infrastructure
improvements for Phase 6 and has duty certified that said improvements are, to
the best of his knowledge based upon such inspection, built to the City of North
Augusta design standards; and
WHEREAS, pursuant to §5.8.4 of the North Augusta Development Code,
the Director of Planning and Development and the City Engineer approved the
final subdivision plat for recording on October 4, 2019; and
WHEREAS, the Director of Planning and Development and the City
Engineer recommend that the City accept from the developer a Maintenance
Guarantee to insure that proper workmanship and materials were in fact used in
regard to Infrastructure improvements and to insure that, in the event of failure In
regard to said improvements for any reason except force majeure, the City would
have adequate funds necessary to return such improvements to an acceptable
condition.
Maintenance Guarantee—Wando Woodlands, Phase 6 Page 2 of 5
NOW, THEREFORE, as security for the maintenance by the developer of
the infrastructure improvements as shown on the final subdivision plat for Wando
Woodlands, Phase 6, as well as for any other improvements provided and
proposed to be granted to the City by deed of dedication in accordance with
§5.8.5 of the North Augusta Development Code, the developer does hereby
guarantee the maintenance of the infrastructure improvements under and
pursuant to the following terms.
INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THIS GUARANTEE
This Maintenance Guarantee shall extend to all infrastructure
improvements proposed to be deeded to, dedicated to, transferred or
otherwise assigned to the City of North Augusta by the developer. Such
improvements shall Include, where applicable, the following but not be
limited to such specified improvements:
A. Streets;
B. Fire suppression elements of the water distribution system;
C. Sanitary sewerage collection system;
D. Stormwater collection system;and
E. Easements and rights of way for streets, sidewalks and potable
water,sanitary sewage and stormwater collection systems.
REPRESENTATIONS BY THE DEVELOPER
The Developer represents to the City of North Augusta that:
A. For a period of twenty-four(24) months from the approval of the
final plat, the improvements will not fail, for any reason, with the
exception of force majeure;
B. The Developer has submitted the Deed of Dedication and a
monetary guarantee, in the form of an Irrevocable Letter of
Credit in the amount of $101,250.00, in support of this
Maintenance Guarantee in accordance with §§5.8.4 and 5.8.5 of
the North Augusta Development Code within the specked time
period;
C. The City Engineer for the City of North Augusta shall have full
and absolute discretion and authority in determining whether or
not a failure has occurred in regard to the infrastructure subject
to this Maintenance Guarantee.
REMEDIES IN THE.EVENT OF DEFAULT
In the event that the City Engineer for the City of North Augusta, in his
sole discretion, determines that a failure has occurred, he shall provide
written notice of such failure to the developer with a request for the
Immediate correction of said failure. In the event of failure by the
Maintenance Guarantee—Wando Woodlands, Phase 6 Page 3 of 5
developer to make such repairs as necessary within sixty (60) days of
such written notice or within ten (10) days, in the event of such notice
being received during the last sixty(60) days covered by this Maintenance
Guarantee and letter of credit, the following conditions shall prevail:
A. This Maintenance Guarantee shall be considered violated and
in default with the City having full right and authority to make
claims on the guarantee amount provided for herein.
B. The City may make claim against the full amount of the
monetary guarantee, until such time as the City is able to make
the necessary repairs to the infrastructure.
C. Following the completion of the repairs to the infrastructure to
the satisfaction of the City Engineer, any funds remaining from
the monetary guarantee shall be refunded to the developer.
D. The City is entitled to compensation, at a reasonable rate, for
any in-house services provided by the City for the purpose of
correcting failures or deficiencies to the infrastructure.
E. The City shall have full and absolute authority in regard to a
determination as to party or parties contracted with for the
purpose of making repairs as required.
(Signature pages follow)
Maintenance Guarantee—Wando Woodlands, Phase 0 Page 4 of 5
IN WITNESS WHEREOF, Wando Partners, L.P. has caused these presents
to be executed in its name by its duly authorized Managing Partner this
41Adayof OCf' .20A.
CfY9LCLL� •QAi1"RBY: as:� ��l
WIT E S DONALD P. 1NG D
• _� ITS: MANAGING P RTNER
- '
WR ESS
0 0
Maintenance Guarantee—Wando Woodlands, Phase 6 Page 5 of 5
ACCEPTEDTHIS IT'S DAYOF Ocbbc:Y , 201L.
(�,0�
City No Augugt
ITNE B.T DD G
ITS: CITY ADMINISTRATOR
atti»teAJ _
WITNESS
i
O O
IRREVOCABLE LETTER OF CREDIT
Borrower. Wands Partners,L.P. Lender: South State Bahr
PO Box 5500 Aiken Laurens Street
Aiden,SC 29804 2,140 Mall Drive
PO 0..113068
Charleston,SC 29423-9910
Beneficiary: City of North Augusta
Municipal Budding
100 Gro is Avenue
North Augusta,GA 29841
NO.: 1376
EXPIRATION DATE. This letter of credit shall expre upon Me earlier of the doe.of business on 10-04-2021 and all drafts antl accompanying
statements or documents must be presented to Lender on or before that time,or Me day that Lender harms a draw under which the full amount
of this Letter of Credit has been Mayen(Me'Expiration Dela'),
AMOUNT OF CREDIT. Land.hareby estsb8shos at the not...I and for Ne account of B.wower,an krevwable LaMar of Credit In favor of
Be deficitoy for a cum of One Hundred One Thousand Two Hundred Flry B OIB100 Wars,($101,250.00)(Me Ratter of Chair). These funds
shah be made wirlem.m Benefidary upon Lenders receipt Inner, 0...ficery of sight drafts drawn on lander at Landers alarm indicated
above(or other such address Mat lender may provide Benefidary In writing) during regular business Some and accompanied by Me Ograd
written stestemenls or documents Indicated below.
WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS
REQUIREMENTS,EITHER SINGLY OR TOGETHER,YOU SHOULD CONTACT BORROWER IMMEDIATELY TO BE IF THE LETTER OF CREDIT
CAN BE AMENDED. OTHERWISE,YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY
WITH ITS TERMS AS WRITTEN.
DRAFTTERMS AND CONDITIONS. Lender shell bacor Meas subm"fled by Beneficiary under Me following berion.and conditions.
1.The original Letter of Credit together with any amendmene.
2.Sight draft drawn by Benefidary on Lender
3.A signed statement by Benefidary including Me fdlewirg statement"Borrower has ruled to W.u agreed.'
Upon Lender.Morar Or Such drake.Lender¢hail be filly discharged of Lenders obligatlona under Mb Letter Of Credit and shell not be otAgated
So make any ruiner payments under Mi.Later of Credit once Me full amount of credit anfiable under this Laber of Credit has been drawn.
Beneficiary shall have no recourse agarol)Under for any amount paid under this Latter of Credit once Lender has hanwed any draft Or other
document which complies strictly with MIs Letter of Credit and which.n its face appears Ot namere In order bel which is agnea, Issued,or
presented by a party or under the name of a party purpONng m act for Beneficiary,purponing to claim thmagh Beneficiary, or posing es
BeneBGery without Benefidary's autlsodration. By paying an amount demanded In accordance with Mla LaMar of Credt Lender make.Me
ri p esenetlon es to Me corradne.e of Me amount demanded and Undue Shall not be liable to Benefidary,or any other Mean,for any amount
paid or disbursed M any reason whats.eveA Iduding,witlsout emission,ion,any nonappimallon or misapplication by Benefidary of the proceeds of
such payment. By prawk g upon Lender or a confinnlfg bank, Benef Cary certifies that Beneficiary has not and will not present upon the
other,unless and until BermfiGary meets with dishonor. Beneficiary promises to return a LaMar any funds received by Beneficiary in excess of
Me Letter of Credit§maximum draMng amount,
USE RESTRICTIONS. All drahe must he marked-DRAWN TINDER South Slam Bank IRREVOCABLE LETTER OF CREDIT NO. 1376 DATED
10-04-2019,'and Me amount of eaoh craft shall be marked an he draft. Only SoneActary may co mrki a draft and accompanying statements
or documents requited by MEG Labor of Credit and make a draw under MIS Letter 0(Credit This original Letter of Cretlll must accompany any
tlraft drawn hereunder.
partial draws an permitted under this Later of Credit. Lenders Manor Of a partial draw shall correspondingly returns Me amount of aWit
available untler tits Laker of Credit Following a partial draw,lender shall return thls original Leder of Credit to BanefiCary with thin partial
draw noted hereon;In Me alternative.and In les sole discreflon.Lender may home a substitute Letter Of Crash a Bnandary In am amount
shown above,less any period dfawte).
PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nonhanseere s.,except er:
A. A veneer(le Its enBnly, bW not In pert) by direct.,fetation of law to the adminlalnmr, executer, bankruptcy trustee, rotation,
gpuidater,successor,or other representative at law drove original Benefidary;and
B, The first Inenedlate transfer(in to eedkety, but cot IS part)M such legal representative to a herd party after express.ppnvpl Or a
gorn m nartal body QYdldal,adMnistra8ve,or executive).
TRANSFEREES REQUIRED DOCUMENTS. When Me presenter e a Permitted sharecrop(1)by operation of lour or (lj a Mind Party receiving
tranefsr sham v legal npresantstive,es ceserMed above,the comments requVed fee a draw shah include a conifmol copy of the one or mare
documents which show Me preaanters authority to claim through or to act with authority for Ma original Benefidary.
COMPLIANCE BURDEN. Lord.,1.not reasonable for any Impassibility or ogmr tlarket,in achieving eruct conpilvsae with Me momireme0ta of
tits Leder of petlU predaely as written. Benericlary undemWnds and acknowledges: IB Mat unlet antl until ha preset wording of this L.Dve
of Crest he amended with benders prior written consent the burden of complying strictly with such wording remain.solely upon Benefidary,
and(ii)that Lender Is relying upon Me lack of such amendment as S...UWdng Berefid.V.initial and continued approval of inch waging.
NONSEVERASILITY. If any .sped of Mis Letter,of Credit he ever declared imenfomeeble for any reason by any mud or Bever menlarl body
having jurisdiction. Lenders the engagemOm ender this Latter of Credit shall be deemed nun and void ab miW. and both Lender and
Benefidary Shall be reatored to he posNon Bads would have oavpled with inti Halite sealable as Maugh In]. Leser m Crest had never
.aurred. This non amrmnbllity pro ilalon Shall override all other peovlemum In this Leon of Credit no maker where such provision appears
within thin Letter of Credk
GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and,to the esters)cot preempted by federal law,the
bva of Me Stater of South Carolina wMnut regard t0 its..Miele.1taw pravhlorm,and....pt her Me extent such Iowa are Inconsistent.1M
the 2007 Revision of the Unions Customs arm Practise for Uxumentary Credits ar the Internet[enal Chamber of C.mmero t.ICC Publication
Na.500. Tbla Agreement Mae sun scoped Oy Lender in Ma Stvb of South Cantina.
EXPIRATION. Lender Manby.finis with B.M.5.1ary that dmet drawn under and in currplience with Me brtns of Mie Letter Of Credit wn the
duly honed If presented to Lander on or Sees Me EVISdocn Data uness Otherwise pointed for above.
IRREVOCABLE LETTER OF CREDIT
Loan No: 12466096 (Continued( Page 2
Dehtl:Oetzber 6,2019
(ENDER:
SOUTH STATE BANK
By: �f/l_—__ Stmo
9tbanmd Sl./
A . _
ENDDRSEMENT OF DRAFTS DRAWN:
Amount Amount
Date Ne_Inaaleg B, In Words In M
C
STATE OF SOUTH CAROLINA )
PERFORMANCE GUARANTEE
COUNTY OF AIKEN ) (Sidewalks)
HI AGREEMENT IS MADE AND ENTERED INTO this __ r`-Aday of
.t 2019 by and between Wando Partners, L.P., hereinafter known as
"Applicant', and the City of North Augusta, hereinafter known as `Citi". The
designations Applicant and City as used herein shall include said parties, their heirs,
successors and assigns.
WITNESSETH:
WHEREAS, the Applicant has received approval for Application PP18.002, a
major subdivision plan to construct forty-five (45) single-family homes in Section 6 of
Wando Woodlands subdivision, a portion of Tax Parcel Number 001-16-01-002; and
WHEREAS, City approval of the major subdivision plan required site
improvements of sidewalks in accordance with City development standards and the City
Engineer estimates the cost to construct these improvements in Phase 6 to be
$55,000.00;and
WHEREAS, the Applicant wishes to sell lots and construct homes in Phase 6
prior to completion of the remaining site improvements and the City requires assurance
that site improvements will be completed in a timely manner and in accordance with the
approved major subdivision plan; and
WHEREAS, pursuant to §5.8.6 of the North Augusta Development Code, the City
requires that the Applicant execute a Performance Guarantee supported by a letter of
credit or other form of monetary guarantee in the amount of sixty-eight thousand, seven
hundred fifty.dollars($68,750.00), representing one hundred twenty-five percent(125%)
of the estimated construction cost, to guarantee completion of the remaining site
improvements.
IT IS HEREBY AGREED AS FOLLOWS:
1. The Applicant has provided a monetary guarantee, in the form of a Letter of
Credit, in the amount of $68,750.00 which is valid for a period of twenty-five
(25)months from the date of acceptance;and
2. The Applicant will complete the remaining site improvements not later than
twenty-four (24) months following the effective date of this Performance
Guarantee In accordance with City development standards and the approved
specifications in the Applicant's major subdivision plan dated February 1,
2018, last revised on June 7, 2016 and approved on July 2D, 2018;and
Performance Guarantee—Wando Woodlands, Phase 6 Page 2 of 5
3. The City Engineer shall regularly Inspect the site Improvement installation and
exercise reasonable discretion to determine if the site improvement
installation has been timely completed in conformity with City standards and
approved major subdivision plan specifications; and
4. The City Engineer, upon receipt of the Applicant's request to reduce the
monetary guarantee amount held by the City based on satisfactory partial
completion of required improvements during the twenty-four month
improvement installation period, shall have the discretion to approve and
implement said request;and
5. If the City Engineer approves the final inspection of the finished site
Improvements either on a date earlier than the expiration of the Performance
Guarantee or at the time of the expiration of the Performance Guarantee, the
City shall acknowledge in writing that the Applicant has fully performed under
the terms of the Performance Guarantee and release the monetary
guarantee, provided that the Applicant has executed and the City has
accepted a twenty-four (24) month Maintenance Guarantee supported by a
letter of credit or other form of monetary guarantee in an amount equal to
fifteen percent (15%) of the cost of the Improvements subject to this
Performance Guarantee; and
6. If the Applicant fails to provide the Maintenance Guarantee as required, the
City is authorized to exercise its right to draw upon the held monetary
guarantee in an amount equal to fifteen percent (15%) of the total in order to
guarantee the maintenance of the site improvements for a period of twenty-
four(24) months; and -
7. If for any reason within the time limit established In Section 2 above, the
Applicant, upon written notice given thirty (30) days in advance by the City
Engineer, has not completed the installation of the remaining site
improvements, the following conditions shall prevail:
a. The City Engineer shall have full and absolute discretion and authority in
determining whether or not a failure or default has occurred under the
terms of this Performance Guarantee;
b. In the event the Applicant fails to timely complete installation of the
remaining site improvements in accordance with the approved major
subdivision plan, after receiving the notice provided for above,the City
shall have the right to make claims on the funds provided by the Applicant
to support the Performance Guarantee;
c. In the event of a failure or default, the City reserves the exclusive right to
determine who may be retained to complete Installation of the remaining
site improvements;and
Performance Guarantee—Wando Woodlands, Phase 6 Page 3 of 5
d. Any excess funds over and above those needed to complete Installation of
the remaining site improvements shall be refunded to the Applicant. The
determination of such excess is to be under the sole discretion of the City.
.... _... .. .... . . . .
Performance Guarantee—Wando Woodlands, Phase 6 Page 4 of 5
IN WITNESS WHEREOF,the undersigned have executed this instrument the
day and year above first written.
WANDO PARTNERS,L.PP.. (�
Donald P. Howardt
As its: Managing Partner
state of South Carolina
County of Aiken
On this LlVi day of _. 20Iq , before me personally appeared
A14P• ¢/cWU1d- who provided satisfactory evidence of his
identification to be the person whose name Is subscribed to this instrument, and he
ac
k
n
owledged that he executed the foregoing instrument.
NotaVv�1�Act. �•'�d'7�ft 4.1fa)
ry ty
Aiken County, South Carolina Notary PUW' 5mm Carolina stele at Larga
MY CarMr�ton April 2,202,
My commission expires:
Accepted this f'Mh day of 04,6er- • 2012
0
Performance Guarantee—Wando Woodlands, Phase 6 Page 5 of 5
T:ZI
I NORT AUGUSTA
8Y. 2�i!L. _. _
B.T. dd Glove
As Its:City Administrator
State of South Carolina
County of Aiken
On this _jatlh day of 04a6r , 20.LIL, before me personally appeared B.
Todd Glover, North Augusta City Administrator, who provided satisfactory evidence of
his identification to be the person whose name is subscribed to this Instrument, and he
acknowledged that he executed the foregoing instrument.
i_yPw
Notary Public
Aiken County, South Carol'•
My commission expires: Sharon Lamar
tlotaiypubic,State of South Carolina
MY Cmndssbn Earires March 7,2028
C o
IRREVOCABLE LETTER OF CREDIT
Borrower: Wands Forms ,L.P. Lender: south State Bank
PO Box 6500 Aiken Launn.Sweat
Aiken,SC 29304 2440 Mall Orr,
PO Boa 118068
ChwlesU%SC 294423-9910
BerlefiClary: City of North Augvate,
Municipal Building
100 Georgia Avenue
Note Augusta,GA 29341
NO.: 1375
E%PIRAnON DATE. This labor Of credit shall expire upon me earner of the Gose of business on 10-Da-2021 and ail drefl5 and accompanying
statements art doGumenb must be presented to Lender an or bar.Mat time,Or in.May that Linder honors a draw under which Ne NII ammnt
of No Letter W Clark has been drawn(Me'Expiratlan Date').
AMOUNT OF CREDIT. Lender hereby establishes at Me inquest and for the account of Somower,an Irrevocable Leber of Credit in favor of
Benefelary ler a sum of Sixty-eight Thousand Seven Hundred Fifty a 001100 Callan(S6B.750.00)(Me'Umm Of Credk'). no.funds Mal
be made available to Saneflers,upon Lender's remipl hood Beneficlary of sight drefs it. on Lender at tandem address indicated above(lar
Other such address mi lander may .snide Banefmary In writing) during regular bminea hours and accompanied by Me signed written
statements or documents Irdicaled below.
WARNING TO UNA
ET ANY
F ITS
EOUIREMENTS,EEITHER SINGLY OR TOGETHNEFICIARY: PLEASE ER,YOU SHOULD CONTNE THIS LETTER OF ACT BORROWER IMMEDIATELYDIT AT ONCE If YOU TO SEEIFTHELETTER OF CCREDIT
CAN BE AMENDED. OTHERWISE.YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CRDR FOR FARURETO COMPLY STRICTLY
WITH ITS TERMS AB WRITTEN,
DRAFT TERMS AND CONDITIONS. Lender shall tenor pound submitted by SenalcLry under Me billowing Lima,and wnditions:
1.The t dmft l Latter of Credit togeMmwiM any ernendmenb.
2.Sigh draft dfavm by Soludidar,,on lander
3.A signetl stalm
eet byy Benefldary Including the f011Owing catomenh"Borrower has failed to perform as agreetl.'
Upon Lenders Moor of such drafts,Under Mall be fully discharged of Loi Obligations under two Leber,of Credit and shall not be obligated
to make any further payments under Nis Letter of Credit once the fun amount of c it wailebk under his Letter of Credit hes been drawn.
Bam row,titan have no recourse against Lander for any amount paid under this 1-after of Credit moa Linder hes honcmd any draft or abler
document which cmn,Its,Moody win this Letter Or Credit,and which an Re face appears otherwise h Oder but which is signed.lined,or
presented by a party or under the name of a party purporting to ad for Benrelclary, WNmUng to claim through Benufciary, or posing as
Benefichery without Bdnenda0rs sumodration. By paying an amount demanded in a mitance with ryisoLeBc of Catch. Lender makes m
remesentebon as to Me enclose,Of Mo amount demanded ate Lander shill not he
Stable .Benescla y other person,for any amount
paid as disbursed for any mason whatsW
oever,including,wihl timiladmi,any nonapplicalbn Or misapplication by B.eficary t 3n proceetic Of
such paymerM1 By posming upon Lander or a car,61n,bank Bmefid,g ceddi Mat Beneficiary has not and will not pre.enl upon the
Doer,ansae antl un61 eanefulery meets wkh tlishonor. B,neficlary primises to return to Linder any funs received by Benafdaryin excess Of
the Letter of Chi maximum drawing amount.
USE RESTRICTIONS. All drops must be marked 'DRAWN UNDER South Stam Bank IRREVOCABLE LETTER OF CREDIT NO.1375 DATED
orr 4..do loquked by MIs Leber of Cm it and makeraw under and ad the draft. Letter of Coi Thiss original Letter O!Credit sl eco meal nysn
draft draw.hereunder.
Partial arms are permitted under this Letter of Cretlit. Lenders hon.of a parker draw Md1 comispmd'mgry reduce the amount of craft
available under this Letter of Credit. Fallowing a pastel draw,Lender shall lobar,We oAginal Leber of Credit to Beneficial M the partial
draw noted hereon:In Me abemerre,end in its
ads discretion,Under may Issue a odathate Letter of credit to Shandadwy I.the amount
shown abwe.less any partial drivers).
PERMITTED TRANSFEREES. Tho dghl b on.untlar M.Utter W Cold"shad be nontmoria able,except for
A. A transfer(in Its entirely, but hot M pari) by died up. tun t law to the adminabator, exactor,bankn,Acy trustee, !solver,
liquidator,successor,or star representative at law of the original Geneffary;and
D. The first Immediate transfer lin its impacts,but not In part) by such logd representative W a MIN party after malates optional Of a
govemmenmt and,(Judicial,atlmlr aloe ve.art eascu l m).
TRANSFEREES REWIRED DOCUMENTS, When the prosenler Is a permibed lmnsfame (q by d,motim of law or(it)a Mind pally locaivin9
transfer from a legal represenWa .64 desedbed soave, Me documents required ler a dew shall Include to mri0ad copy of ne ane Or cram
documents which show Me prosanlah authority in claim mouth or to at with auhodH for Me Original Bmrefdary.
COMPLIANCE BURDEN. Lander Is not his ichahle for any impassability or,other dlfmlly in achlevng strict compliance with Ilii settlements of
M13 Leber of Credit predict,as written. Beneficiary understands and ocknewbdg,m (1)that unless and until Me amount wording of MIs Labor
Of Credit Is amended with Lender.poke"wredom"heard the burden of complying strictly with such wording remains safety upon Boards,
and If)net Lander b!tying upon the lack t such amendment as ca a iMlrg Bensficlarys Initial and continued approval of such wording.
NON3EVERABRITY. If any aspect of this Leber t Credit is ever declared unsnforceare for arty reaaon by any mud or gwemmenit body
having Jurisdiction. Londe's entire impediment under this Utter of Credit shall be deemed null and vole ab Initio,and both Lander and
d Imno
occurred. This nm eimmarllf,yrovbl n Chad m,.ns1eanted each l MI other pod hows Nlsions ed with
in MisdLHerhtsat ICrefb..
no matter whom won tough Me Lemm provsionCredit aappears
within this Letter M Credit-
GOWRNMO LAW. This Agreement will be g.Y,rn.d by federal law applicable W Land.and,to thu stent not p mor had by bit...I low,the
laws P,Me Slate of South Camille obtain ragmtl the Its ean0ia%of law pmalalom,and except to Me extent such fearsUsMeandered with
cks
. W Taleement h
is Uniform been add Practice far d by abler n the Slab h Customs
eraq ac.II Of
Me international Chamber of Commerce,ICC Publication
Ne
EXPIRATION. Lenten hereby abrade with Beoenclary Mat drama drawn under end in mospllann with Me tomo or one Letts of Credit will be
duly hammed If presented W Lender on or balm,the E,Iraboh Dale unless tMrwiee q.tried fir sow..
IRREVOCABLE LETTER OF CREDIT page 2
Loan No: 12466090 (Continued)
need:October 4,2019
LENDM:
SOOTN STATE BANK
aanoruetl sian.rl
( ENDORSEMENT OF DRAFTS DRAWN:
Amount Amount
gate Ne ohatetl B, In Wortle In Fi unte
u.ra��..ura c.�.rn..n+ne.r.a.im,a�.Nro�w.-• -m•u�wwow..uea wvr�n.n _—.
�- +.a i _ _ - - _" rrecclao Purim•.•`
wumo woaounos
9 11 , ti's PRARB SIX
,�"gr�^
WA �P�T1Y3 ,�P
\' • •�+'i" '---J
SW 'RN PAR]I'IERS. RG
:e y
Ir w
q`I � sµ1 ^ye 1 -L t s! y! _. _
• _
P�q SI a t3 Si i I4 3q P 6 fu G s M
_ WP 1 ` y mM t♦ 1�.� vM O
—
i
' r mIw I ii ynp.i m/v imluimpi'r✓/w mp.,wM/ rm Pwi m/wiwM mMlmMimMimMi !sM '�
,
— 1 a
r
a '