RES 2019-48 Adopted 0 0
RESOLUTION NO, 2019-48
ACCEPTING A DEED OF DEDICATION FOR THE STREETS
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 BERGEN PLACE WEST,PHASE IV
WHEREAS, Beazley Development Co., Inc., developed Bergen Place West,
Phase IV, 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 strips or parcels of land, and appurtenances to said premises belonging or
in anywise appertaining therewith, situate, lying and bein in Aiken County, South
Carolina, in Bergen Place West Subdivision,Phase IV, being 50' Rights of Way
known as Bonhill Street, Connor Street, and Preston Court as more particularly
shown and described on that certain plat of survey prepared by Southern Partners,
Inc. for Beazley Development Co., Inc., dated August 5, 2019, last revised on
October 18,2019 and recorded in Plat Book 61, Page 724,in the Office of the RMC
of Aiken County, South Carolina. Reference is hereby made to said Plat for a
complete and accurate description of said property hereby conveyed.
ALSO,All and singular, those certain sewage collection systems, including but not
limited to all pipes,mains,manholes,valves, meters and other impreovemems and
appurtenances in any way connected therewith, excluding service lines from the lot
lines to the improvements located thereon developed or extending within the lot lines
of undeveloped lots situate, lying and being in Aiken County and Edgefield County,
C O
South Carolina, in Bergen Place West Subdivision, Phase III,being more fully
shown and designated on that"Storm Sewer As Built" and"Sanitary Sewer As
Built"prepared by Southern Partners, Inc. for Beazley Development Co., Inc.
ALSO, all sanitary sewer easements and appurtenances to said premises belonging in
any way incident or appertaining as shown on the above referenced plats.
ALSO, all easements and appurtenances to said premises belonging or in any way
incident or appertaining, as shown on the above referenced plats.
This being a portion of the same peroperty conveyed to Beazley Development Co.,
Inc. by deed of Metro Homesites,LLC, on May 23, 205, and being recorded in the
Office of the RMC in Aiken County, South Carolina, in Book 4012, Page 1662,and
also being recorded in the Office of the Clerk of Court in Edgefield County, South
Carolina, in Book 1002, Page 90.
Tax Map Number: Portion of 001-12-03-001 (Aiken County) and
a portion of 106-10-00-001 (Edgefield County)
BE IT FURTHER RESOLVED that a Maintenance Guarantee and Irrevocable
Letter of Credit in the amount of$107,000 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUN IL OF THE Cf OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF 2019.
&o�
Robert A. Pettit, Mayor
ATTEST: �p
Of AiYH.dh/
Sharon Lamar, City Clerk
Department of Planning �~
And Development
Memorandum # 19-029 - City of North Augusta
To: Todd Glover, City Administrator
From: Libby Hodges, Director
Subject: Bergen Place West Phase IV Performance and Maintenance Guarantees
Date: October 16, 2019
Beazley Development Co., Inc. has received approval for Application PP17-001 and
PPM18-001, a major subdivision plan to construct 52 homes in Phase IV of the Bergen
Place West development. The developer has elected to provide a Performance
Guarantee and a Letter of Credit for sidewalks, street trees, and asphalt pavement for a
temporary cul-de-sac required as part of the approved site plans. The developer will
have up to twenty-four(24) months from the date of acceptance to complete the
outstanding work or the city will have the right to draw upon the letter of credit to
complete the work.
Beazley Development Co., Inc. has completed all other required site improvements for
Bergen Place West Phase IV. A Maintenance Guarantee and Letter of Credit for the
streets, fire suppression elements of the water distribution system, sanitary sewerage
collection system, stormwater collection system, and easements and rights of way for
streets, sidewalks, potable water, sanitary sewerage and stormwater collection systems
required as part of the approved major subdivision plan has been provided by the
developer. The Maintenance Guarantee insures the improvements for a period of
twenty-four(24) months from the City's approval of the Final Plat (October 4, 2019), and
in the event of a failure, the city will have the right to draw upon the letter of credit to
complete the work.
Please execute the original Performance and Maintenance Guarantees and have the
City Clerk return a copy of the fully executed agreements to the Department of Planning
and Development. Final copies will be sent to the developer and our office will retain
one copy for our files. The City Clerk should file the original Performance and
Maintenance Guarantee with the Letters of Credit until such time as the City Engineer
requests the original to return to the developer.
If you have any questions, please do not hesitate to call.
JFust 5455 Sunset Blvd. PO Box 64
COm1111m� T'} Lexington,SC 29072 Lexington,SC 29071
11k (803)9512265 W"Jirstcommunitysccom
Bank
Fex(803)358.6900
October 11,2019
City of North Augusta
100 Georgia Avenue
North Augusta, SC 29841
RE: Letter of Credit#101-150 and 101-151 —Beazley Development Co,Inc.Bergen Place
West Phase IV
Dear Sirs:
In connection with the above-matter, enclosed is the original Irrevocable Letter of Credit
#101-150 in the amount of$107,000 for a Maintenance Guarantee and Irrevocable Letter of Credit
#101-151 in the amount of$127,013.75 for a Performance Guarantee. If you have any questions,
please do not hesitate to contact our office.
Thanking you in advance for your cooperation in this matter,I am
Sincerely,
Carolyn ull
Centralized Paralender
First Community Bank
(803)358-4216
/cmh
Enclosures
CC: Beazley Development Co.,Inc.
JFirst 5455 Sunset Blvd. PO Box 64
Community Lexington,SC 29072 Lexington,SC 29071
Bank (803)951.2265 www fimtcommunitysccom
Fax(803)358 6900
IRREVOCABLE STANDBY LETTER OF CREDIT
Number 101-151
Credit Administration,5455 Sunset Boulevard, Lexington,S.C.29072
Beneficiary Applicant
City of North Augusta Beazley Development Co., Inc.
100 Georgia Avenue 7009 Evans Town Center Boulevard
North Augusta,South Carolina 29841 Evans,GA 30809
Issue Date: September 30, 2019 Expiry Date: October 30,2021
To Whom It May Concern:
We hereby establish our 25-Month Irrevocable Letter of Credit ("Letter of Credit") in favor of The City of
North Augusta available by draft drawn on First Community Bank at sight for any sum of money not to
exceed One Hundred Twenty-Seven Thousand Thirteen and 75/100 US Dollars($127,013.75)for Beazley
Development Co.,Inc. (hereinafter"Applicant")when accompanied by the following:
1. A written certificate executed by the appropriate and authorized City of North Augusta staff
stating that Applicant has failed to perform as agreed, and that the amount of said draft represents the
actual amount offunds due to you as a result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under Letter of Credit No. 101-151 dated
September 30, 2019;and
3. The original Letter of Credit,together with any amendment.
This Letter of Credit supports the infrastructure improvements under a Performance Guarantee for
Bergen Place West, Phase IV.
This Letter of Credit is valid until October 30, 2021, at 5:00 p.m. A Draft drawn hereunder, if
accompanied by documents as specified above,will be honored if presented to First Community Bank.
This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007
Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or
t
amendment. This Letter of Credit is also governed by the laws of the State of South Carolina, except as
those laws conflict with UCP.
f=irst Commun Bank
8y:
j'ck Walker
utive Vice President
STATE OF SOUTH CAROLINA )
PERFORMANCE GUARANTEE
COUNTY OF AIKEN ) (Sidewalks/StreetTrees/Asphalt
Pavement for Temporary Cul-de-sac)
THIS AGREEMENT IS MADE AND ENTERED INTO this day of
2019 by and between Beazley Development Company, Inc.,
hereinafter known as "Applicant", and the City of North Augusta, hereinafter known as
"City". 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 Applications PP17-001 and
PPM 18-001, a major subdivision plan and subdivision plan modification to construct
fifty-two (52) single-family homes in Phase IV of Bergen Place West subdivision, a
portion of Tax Parcel Numbers 001-12-03-001 and 106-10-01-000; and
WHEREAS, City approval of the major subdivision plan and modification required
site improvements of sidewalks, street trees, and asphalt pavement for a temporary cul-
de-sac in accordance with City development standards and the City Engineer estimates
the cost to construct these improvements in Phase IV to be $101,611.00; and
WHEREAS, the Applicant wishes to sell lots and construct homes in Phase IV
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 one hundred twenty-seven
thousand, thirteen dollars and seventy-five cents ($127,013.75), 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 $127,013.75 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 last revised on March
R �
Performance Guarantee — Bergen Place West, Phase IV Page 2 of 4
14, 2017 and approved on April 7, 2017 and the modified major subdivision
plan approved April 12, 2018; and
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 farm 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;
Performance Guarantee— Bergen Place West, Phase IV Page 3 of 4
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
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.
IN WITNESS WHEREOF, the undersigned have executed this instrument the
day and year above first written.
Beazley Developm Co., Inc.
By: §F11
I L L V£tl (please print)
As its: pl-9
State of South Carolina
County of Aiken
On this day of 20_, before me personally appeared
(3' ) 7 1 who provided satisfactory evidence of his
identification to be tht person whose name is subscribed to this instrument, and he
ackn Nledged at ecuted the foregoing instrument.
Not ry Pu lic c,)u.wbja C A
A1kea-CeuntY, SaeiH-6erelina ,
My commission expires: 1 - Ile "d-
h
Performance Guarantee— Bergen Place West, Phase IV Page 4 of 4
Accepted this 3o* day of Oc66ry- 1201q
THE ITY NWORT
By: 4
B. Tod Glov
As its: City Administrator
State of South Carolina
County of Aiken
On this 30* day of Oc{ode - , 201q , 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
'' thatt he executed the foregoing instrument.
A" n� r("%A' J
Notary Public
Aiken County, South Carolina
My commission expires:
Sharon Lamar
[Notary Public, State of South Carolina
My Commission Expires March 7,2028
RECORD PLAT m.i.
T a BERGEN PLACE WEST
PBA E N
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S LAKE FORREST ESTATES Rw{.
ELI! A I9/730 SOUTHERN PARTNERS
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Return to:
McLeod&Murdock,Attorneys at Law
4420 Evens to Locks Rd.
Evans,Georgia 30809
LC
STATE OF SOUTH CAROLINA ) DEED OF DEDICATION
BERGEN PLACE WEST
COUNTY OF AIKEN ) PHASE IV
THIS INDENTURE,made and entered into this day of 2019,by and
between BEAZLEY DEVELOPMENT CO., INC., as the Party of the First Part, and CITY OF
NORTH AUGUSTA, South Carolina, a body politic and corporate and political subdivision of the State
of South Carolina, as the Party of the Second Part, whose address is P.O. Box 6400, North Augusta,
SC 29861-6400.
WITNESSETH:
Party of the First Part,for and in consideration of the Sum of One Dollar($1.00) in cash to it in
hand paid by the Party of the Second Part, the receipt of which is hereby acknowledge, at and/or before
the sealing and delivery of these presents, and other good and valuable considerations, has granted,
bargained,sold,released,conveyed and confirmed and by these presents does grant,bargain, sell, release,
convey and confirm unto the said Party of the Second Part, its successors and assigns, the following
described property,to-wit:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF
The party of the Second Part, as part of the consideration for this conveyance, accepts this
conveyance of said streets,easements and storm water drainage areas and agrees to maintain the same as
part of its road and storm water systems and the acceptance of the delivery of these presents shall he
conclusive evidence of such agreement.
The within conveyance is subject, however, to the prior understanding and agreement of the
parties hereto that Grantee assumes no responsibility for extending lines beyond that which is shown on
the aforesaid maps or plans nor is Grantee required as its cost to extend any service lines to undeveloped
lots in this project, further that the Grantor(s) herein covenants and warrants to make no representation
verbal or written that Grantee at its cost will extend said service lines and or main lines beyond which are
presently existing,at the time of any written conveyance.
TOGETHER with all and singular,the rights, members,hereditaments and appurtenances to the
said premises belonging or in anywise incident or appertaining.
TO HAVE AND TO HOLD all and singular the premises before mentioned unto said
Grantee(s),their Heirs and Assigns forever.
AND the Grantor does hereby bind itself and its successors and assigns to warrant and forever
1
defend all and singular the said premises unto the said Grantee, its successors and assigns against the
Grantors and its heirs successors and assigns, and all persons whomsoever lawfully claiming, or to claim
the same or any part thereof.
IN WITNESS WHEREOF,the said Party of the First Part has caused this Deed of Dedication
to be executed the day and year first above written as the date of these presents.
Signed,sealed and deI'vered Beazley Development Co,Inc.
in th prese� ce o :
7
By:
i t itness itness Bill B.Beazley
As Its: President
N P blic �'Oy S. CHq�yJ6 111
My commission expires: — ' <J0T'Q.9 �P(P 00
0
(Notarial Seal) j Q'xA�/gL\G 'Q
Il o
'14 c
Ili COV
STATE OF GEORIA )
COUNTY OF COLUMBIA )
I, ! a Georgia notary public, do hereby certify that Bill B.
Beazley personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and seal this the day of ,2019.
y j CHgM4 11
001
4
�OQAUBL�G i ig to of Notary Public
IIIIe`\\ .........=N=O
AFFIDAVIT
STATE OF SOUTH CAROLINA
COUNTY OF AIKEN
PERSONALLY,appeared before me,the undersigned,who being duly sworn,deposes and says:
L I have read the information on this affidavit and I understand such information.
The property being transferred is a bearing Aiken County,South Carolina Tax Map#portion of 001-12-03-001 and
106-10-01-000 is being transferred by Beazley Development Co.,Inc.to City of North Augusta,South Carolina on
December 27,2011.
2. Check one of the fallowing:The Deed is:
(a) subject to the deed recording fee as a transfer for consideration paid or to be paid in
money or money's worth.
(b) subject to the deed recording fee as a transfer between a corporation,a partnership,or
other entity and a stockholder,partner,or owner of the entity,or is transferred to a trust
or a distribution to a trust beneficiary.
(c)_X exempt from the deed recording fee because: (Site the correct exemption#_2---)
(If exempt,skip items 3-5 and proceed to Item 6)
3. Check one of the following which applies to this conveyance.
(a) The fee is computed on the consideration paid or to be paid in money or money's worth in
the amount of S
(b) The fee is computed on the fair market value of S
(c) The fee is computed on the value established for tax purposes as$
4. Check Yes or No_X . A lien or encumbrance is being assumed as port of the conveyance. If
"Yes",the outstanding balance of the encumbrance is S
If a recorded mortgage is assumed(Recorded at Book Page_____).
5. The deed recording fee is computed as follows:
(a) The amount listed in Item 3 above:
(b) The amount listed in Item 4 above:
(c) Subtract line 5(b)from 5(a)
6. As required by Code Section 12-24-70,I state that I am a responsible party connected with this conveyance as:
7. I understand that furnishing a Use or fraudulent affidavit is a misdemeanor and upon convictin punishable
by a fine not more than one thousand dollars or imprisonment not more than one year,or bot .
Responsible person cot sected @lih
SW to befor Ms_day of 2019.
o P blic 0�.1•'CFI..S44
Mission expires: 1 �16 •04 1 �;. Q'� F </
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Exhibit"A"
All those strips or parcels of land, and appurtenances to said premises belonging or in anywise
appertaining therewith, situate, lying and being in Aiken County, South Carolina, in Bergen
Place West Subdivision, Phase IV, being 50' Rights of Way known as ,
, and as more particularly shown and described on
that certain plat of survey prepared by Southern Partners, Inc., for Beazley Development Co,
Inc., dated August 5, 2019, last revised on and recorded in Plat Book
, Page , in the Office of the RMC of Aiken County, South Carolina. Reference is
hereby made to said Plat for a complete and accurate description of said property hereby
conveyed.
ALSO, All and singular, those certain water distribution and sewage collection systems,
including but not limited to all pipes, mains, manholes, valves, meters and other improvements
and appurtenances in any way connected therewith, excluding service lines from the lot lines to
the improvements located thereon developed or extending within the lot lines of
undeveloped lots situate, lying and being in Aiken County, South Carolina, in Bergen Place West
Subdivision, Phase 111, being more fully shown and designated on that "Storm Sewer As Built"
and "Sanitary Sewer As Built" prepared by Southern Partners, Inc. for Beazley Development
Co, Inc.
ALSO, all water and sanitary sewer easements and appurtenances to said premises belonging or
in any way incident or appertaining as shown on the above referenced plats.
ALSO, all easements and appurtenances to said premises belonging or in any way incident or
appertaining, as show on the above referenced plats.
This being a portion of the same property conveyed to Beazley Development Co., Inc. by
deed of Metro Homesites, LLC, on May 23,2005, and being recorded in the Office of the
RMC in Aiken County, South Carolina, in Book 4012, Page 1662, and also being
recorded in the Office of the Clerk of Court in Edgefield County, South Carolina, in
Book 1002,Page 90.
Tax Map and Parcel: portion of 001-12-03-001 (Aiken County)and
a portion of 106-10-00-001 (Edgefteld County)
McUO'/-Dry(`&^T'
ATTOR.EIS AT LAW
4420 Evans to Locks Road
Evans,Georgia 30809
PRELIMINARY
CER77FICA770N OF 777ZE
All those Mips or parcels of land,end appurtenances m said pmmises belonging or in
anywise appertaining therewith, situate,lying and being in Aiken and Edgefield
Counties,South Carolina,containing 131.70 acres,more or less,as shown on that
certain plat prepared for Beazley Development Co.,Inc.,by Southern Partners,
Inc.,dated May 3,2005,and recorded in the Office of the RMC for Aiken County,
South Carolina,in Plat Book 49,Page 167,and also recorded in the Office of the
Clerk of Court for Edgefield County,South Carolina,in Judgment Roll#37764.
Reference is hereby made to said plat for a more complete and accurate
description as to metes,bounds and location of said property.
And any and all easements of record or otherwise appurtenant to including,but
not limited to,any specific Sewer Eusements or otherwise from Lyndie C.Bergen
to Metra Homedtes, LLC recorded in said RMC Office for Aiken County in Deed
Book 2514,Page 931 and Plat Book 491 Page 162.Reference is hereby made to said
easement for a more complete and accurate description as to metes,bounds and
location of said easement.
I Paa AND EXCEPT:
All those lots, tracts or parcels of land, with improvements thereon, situate,
lying and being in Aiken and Edgefield Counties,South Carolina,containing 39.0
acres, more or less, as shown and designated on a plat of survey for Phase One,
Bergen Place West Subdivision,by Southern Partners, Inc., dated September 18,
2006, and last revised April 10, 2007, and recorded in the Office of the RMC for
Aiken County,South Carolina,in Plat Book 52,Pages 612-6x4,and also recorded in
the Office of the Clerk of Court for Edgefield County,South Carolina,in Judgment
Roll #38932, and also shown on a resubdivision plat of Lot #i-B and Common
Area,by Southern Partners, Inc. dated January 8, 2009, and last revised March
z6,2009,and recorded in said RMC Office in Book 54,Page 576,and also recorded
in the Office of the Clerk of Court for Edgefield County, South Carolina, in Book
1233, Page 168. Reference is hereby made to said plats for a more complete and
accurate description as to metes,bounds and location of said property.
All those lots, tracts or parcels of land, with improvements thereon, situate,
lying and being in Aiken County, South Carolina,containing 28.63 acres,more or
less,as shown and designated on a plat of survey for Phase 11,Bergen Place West
Subdivision, by Southern Partners, Inc., dated December 20, 2011, and last
revised January 18,2012,and recorded in the Office of the RMC for Aiken County,
South Carolina,in Plat Book 56,Page 442,including Tme"A",0.07 acre,more Or
less,to be abandoned by City of North Augusta,Traet"B",0.07 sere,more or less,
Wetlands of o.45 acre and 1.79 acres, more or less. Reference is hereby made to
said plat for a more complete and accurate description as to metes, bounds and
location of said property.
All those lots, tracts or parcels of land, with improvements telumm, situate,
lying and being in Aiken County,South Carolina,containing 21.03 acres, more or
less,as shown and designated on a plat of survey for Phase Ill,Bergen Place West
Subdivision,by Southern Partners,lne.,dated May 31,2016,and recorded in the
Office of the RMC for Aiken County, South Carolina, in Plat Book 59, Page 416,
including 4.05 acres,more or less of open space to be deeded to The City of North
Augusta.
ALSO,All those lots,tracts or parcels of land,with improvements thereon,situate,
lying and being in Aiken and Edgefield Counties,South Carolina,being more fully
described in the Deed of Dedication for Bergen Place West, dated June 11, 2007,
and recorded in the Office of the RMC for Aiken County,South Carolina,in Book
4166, Page 2279, and also being recorded in the Office of the Clerk of Court for
Edgefield County,South Carolina,to Book tr45.Page 75.
Said properties conveyed subject to any and all applicable easements,restrictions
and rights of way of record in said RMC Office.
This being a portion of the same properly conveyed to Beazley Development Co.,
Ina by deed of Metro Homesites,LLC,on May 23,2005,and being recorded in the
Office of the RMC in Aiken County,South Carolina,in Book 4012,Page t662,and
also being recorded in the Office of the Clerk of Court in Edgefield County,South
Carolina,to Book toot,Page 90.
Tax Map said Parcel:portion of o01-12-o3-oot(Aiken County)and
a portion of 106-to-oo-oot(Edgefield County)
I have examined the public records affecting tide to the property described above. BASED UPON SUCH
ERANUNATION,and subject to the liens,encumbrances and other exceptions,marketable,fee simple title is
vested in
Beazley Development Co., Inc.
The below liens, restrictions,easements,encumbrances,and other exceptions apply:
1. forms shown by a plat of survey. The exact location on boundary fines,onrecorded easements,and
other facts or conditions which would be disclosed by an accurate survey and inspection of the
property, or possible liens of laborers or materiabnen for improvement of the property,not fled for
record prior to date;
2. The rights,if any,of persons who may be in possession order claims not appearing of record,or other
matters not of record, including any prescriptive rights or claims to removable fixtures, forgery,
insanity,or minority of a maker;
3. Violation of any waxing ordinances or resbicdw covenants;
4. All city,state,county,and school taxes for 2019 are not yet due and payable;
5. Mortgage from Beazley Development Co., Inc. to First Community Bank, dated May 31, 2018 and
recorded June 20, 2018,in Record Book 4726 on page 1226 of the public records of Aiken County,
South Carolina, given to secure the original principal sum of $1,360,568.0o and also recorded in
Record Book 1692 on page 279 of the public records of Edgefield County,South Carolina.
6. UCC Financing Statement in favor of Fimt Community Bank recorded in Records Book 4726 on page
1238,ofthe public records of Aiken County,South Carolina.
7. UCC Financing Statement in favor of Fust Community Bank,recorded in Records Book 1692 on page
291,of the public records of Edgefield County,South Carolina.
Title is certified from the period beginning May 23,2W5 and an -So AM.on August 1,2019.
Mc & meys at Law
SDS/jai ro/a/vsu
Department of Planning w1
And Development
Memorandum # 19-029 - City of North Augusta
To: Todd Glover, City Administrator
From: Libby Hodges, Director
Subject: Bergen Place West Phase IV Performance and Maintenance Guarantees
Date: October 16, 2019
Beazley Development Co., Inc. has received approval for Application PP17-001 and
PPM18-001, a major subdivision plan to construct 52 homes in Phase IV of the Bergen
Place West development. The developer has elected to provide a Performance
Guarantee and a Letter of Credit for sidewalks, street trees, and asphalt pavement for a
temporary cul-de-sac required as part of the approved site plans. The developer will
have up to twenty-four(24) months from the date of acceptance to complete the
outstanding work or the city will have the right to draw upon the letter of credit to
complete the work.
Beazley Development Co., Inc. has completed all other required site improvements for
Bergen Place West Phase IV. A Maintenance Guarantee and Letter of Credit for the
streets, fire suppression elements of the water distribution system, sanitary sewerage
collection system, stormwater collection system, and easements and rights of way for
streets, sidewalks, potable water, sanitary sewerage and stormwater collection systems
required as part of the approved major subdivision plan has been provided by the
developer. The Maintenance Guarantee insures the improvements for a period of
twenty-four(24) months from the City's approval of the Final Plat (October 4, 2019), and
in the event of a failure, the city will have the right to draw upon the letter of credit to
complete the work.
Please execute the original Performance and Maintenance Guarantees and have the
City Clerk return a copy of the fully executed agreements to the Department of Planning
and Development. Final copies will be sent to the developer and our office will retain
one copy for our files. The City Clerk should file the original Performance and
Maintenance Guarantee with the Letters of Credit until such time as the City Engineer
requests the original to return to the developer.
If you have any questions, please do not hesitate to call.-
JFit 5455 Sunset Blvd. PO Box 64
Commurury Lexington,SC 29072 Lexington,SC 29071
Bank (B03)951.2265 www.limtcommunityscaom
fax(803)358.6900
October 11,2019
City of North Augusta
100 Georgia Avenue
North Augusta, SC 29841
RE: Letter of Credit#101-150 and 101-151 —Beazley Development Co.,Inc.Bergen Place
West Phase IV
Dear Sirs:
In connection with the above-matter, enclosed is the original Irrevocable Letter of Credit
#101-150 in the amount of$107,000 for a Maintenance Guarantee and Irrevocable Letter of Credit
#101-151 in the amount of$127,013.75 for a Performance Guarantee. If you have any questions,
please do not hesitate to contact our office.
Thanking you in advance for your cooperation in this matter,I am
Sincerely,
C� ��.
Carolyn ull
Centralized Paralender
First Community Bank
(803)358-4216
/cmh
Enclosures
CC: Beazley Development Co.,Inc.
STATE OF SOUTH CAROLINA )
MAINTENANCE GUARANTEE
COUNTY OF AIKEN )
NAME OF SUBDIVISION: Bergen Place West, Phase IV
DEVELOPER/OWNER: Beazley Development Co., Inc.
DATE OF FINAL SUBDIVISION PLAT APPROVAL: October 4, 2019
MAINTENANCE GUARANTEE AMOUNT: $107, 000.00
WHEREAS, Beazley Development Co., Inc. has submitted a final plat for
Bergen Place West, Phase IV, prepared by Southern Partners, Inc., dated
August 5, 2019, for 52 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
February 16, 2017, did grant major subdivision plan (preliminary plat) approval
for Bergen Place West, Phase IV, and the Director of Planning and Development
and the City Engineer signed the major subdivision plan on April 7, 2017; and
WHEREAS, the City Engineer has inspected the infrastructure
improvements for Phase IV and has duly 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 fad 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.
NOW, THEREFORE, as security for the maintenance by the developer of
the infrastructure improvements as shown on the final subdivision plat for Bergen
Place West, Phase IV, as well as for any other improvements provided and
proposed to be granted to the City by deed of dedication in accordance with
r �
Maintenance Guarantee — Bergen Place West, Phase IV Page 2 of 5
§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 and associated improvements;
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, 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$107,000, in support of this Maintenance
Guarantee in accordance with §§5.8.4 and 5.8.5 of the North
Augusta Development Code within the specified 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
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:
Maintenance Guarantee — Bergen Place West, Phase IV Page 3 of 5
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 — Bergen Place West, Phase IV Page 4 of 5
IN WITNESS WHEREOF, Beazley Development Co., Inc. has caused these
presents to be executed in its name by its duly authorized
this /day
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Maintenance Guarantee — Bergen Place West, Phase IV Page 5 of 5
ACCEPTED THIS 30* DAY OF ()clabe-, , 20LCL_.
City of No August
41IUk01U ,44MA .1 BY:
WITNESS B. odd
IT : City Administrator
W ESS
JFust 5455 Sunset Blvd. PO Box 64
Commu^r.,�n't'y Lexington,5C 29072 Lexington,SC 29071ww
BQllll (803)951.2265 w .fimtcommunitysc.com
Fax(803)358 6900
IRREVOCABLE STANDBY LETTER OF CREDIT
Number 101-150
Credit Administration,5455 Sunset Boulevard, Lexington,S.C.29072
Beneficiary Applicant
City of North Augusta Beazley Development Co., Inc.
100 Georgia Avenue 7009 Evans Town Center Boulevard
North Augusta, South Carolina 29841 Evans,GA 30809
Issue Date: September 30, 2019 Expiry Date: October 30, 2021
To Whom It May Concern:
We hereby establish our 25-Month Irrevocable Letter of Credit("Letter of Credit") in favor of The City of
North Augusta available by draft drawn on First Community Bank at sight for any sum of money not to
exceed One Hundred Seven Thousand and No/100 US Dollars ($107,000.00) for Beazley Development
Co., Inc. (hereinafter"Applicant")when accompanied by the following:
1. A written certificate executed by the appropriate and authorized City of North Augusta staff
stating that Applicant has failed to perform as agreed, and that the amount of said draft represents the
actual amount of funds due to you as a result of Applicant's failure to perform as contracted;
2. Draft must bear on its face the clause, "Drawn under Letter of Credit No. 101-150 dated
September 30,2019;and
3. The original Letter of Credit,together with any amendment.
This Letter of Credit supports the infrastructure improvements under a Maintenance Guarantee for
Bergen Place West, Phase IV.
This Letter of Credit is valid until October 30, 2021, at 5:00 p.m. A Draft drawn hereunder, if
accompanied by documents as specified above,will be honored if presented to First Community Bank.
This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007
Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or
r �
amendment. This Letter of Credit is also governed by the laws of the State of South Carolina, except as
those laws conflict with UCP.
First Commu ank
By:
a Walker
ecutive Vice President