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020722 Addendum North AugustaX / South Carolina's Riuerfront ADDENDUM TO DISCUSSION ITEMS FOR FEBRUARY 7, 2022 CITY COUNCIL MEETING The documentation provided herewith consists of advance draft materials for review by Mayor and City Council. Such documents may be revised prior to the actual Council meeting before any formal consideration of some by Mayor and City Council. Said documents may also be revised by way of a proper amendment made at the Council meeting. These documents are informational only and not intended to represent the final decision of the Council. ATTACHMENT#5 RESOLUTION NO. 2022-05 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AGREEMENT AMONG THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE CITY OF NORTH AUGUSTA AND THE AUGUSTA REGIONAL TRANSPORTATION STUDY WHEREAS, the City of North Augusta desires assistance from SCDOT to conduct a study to evaluate options for the Georgia Avenue Traffic Calming and Pedestrian Access Project; and WHEREAS, SCDOT is an agency of the State of South Carolina with the authority to enter into contracts necessary for the proper discharge of its functions and duties; and WHEREAS, ARTS-SC is a public agency with the authority to enter into contracts necessary for the proper discharge of its functions; and WHEREAS, the City of North Augusta is a body politic with all rights and privileges of such including the power to contract as necessary and incidental power to carry out the City of North Augusta's functions regarding this agreement. WHEREAS, on March 15, 2021 City Council adopted Resolution No. 2021-09, authorizing surplus funds from the Planning and Development Department's 2020 fiscal year's budget to be used for transportation studies, including $43,000 for the Georgia Avenue Traffic Calming and Pedestrian Access Study and the $43,000 is available in Account 18-4055-265 of the Capital Projects Fund with said match not to exceed $10,000, and WHEREAS, the City of North Augusta has received a reimbursable grant from the Augusta Regional Transportation Study (ARTS) in the amount of$50,000 with a required 20% match to conduct the Georgia Avenue Traffic Calming and Pedestrian Access Study that is formalized by this agreement, and WHEREAS, the City Administrator may be authorized to execute agreements by City Council for actions they approve; and WHEREAS, Mayor and Council determined it in the best interest of the City. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta, to enter into this agreement with SCDOT and SC-ARTS to conduct the Georgia Avenue Traffic Calming and Pedestrian Access Study and: 1) Authorizes not more than$10,000 of City funds from Capital Projects Fund Account 18-4055-265 to be utilized; and 2) The City Administrator is authorized to execute the agreements DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _DAY OF , 2022 Briton S. Williams, Mayor ATTEST: Sharon Lamar, City Clerk ATTACHMENT #12 RESOLUTION NO. 2022-08 A RESOLUTION ESTABLISHING A MURAL DESIGN REVIEW BOARD WHEREAS, City of North Augusta development code Chapter 13 — Signs provides for murals to be installed in certain zoning districts; and WHEREAS, a mural is defined in the code as "a painting or other work of art executed directly on a wall. Signage painted on walls does not automatically qualify as a mural"; and WHEREAS, the code provides for the city council to establish a design board to review and approve applications to install murals; and WHEREAS, the design board shall consist of five (5) members and shall be nominated by the mayor and confirmed by council via resolution and thereafter will serve at the pleasure of council. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the following individuals are hereby appointed to serve as the Mural Design Review Board: 1. Planning & Development Department: La'Stacia Reese, Planning Technician (serves as Board Coordinator and primary staff contact) 2. North Augusta ForNNard: Avery Spears-Mahoney, Executive Director 3, Downtown Merchant's Alliance Design Committee: Jennifer Elliott, Shoppe 3130 4. Arts& Heritage Center: Garland Gooden, Board Member 5. Riverside Village Business: Jeannine Steinkuhl, Crowne Plaza BE IT FURTHER RESOLVED that the City Council approves the application procedure and review criteria as set forth the 'North Augusta Mural Application Process" in Exhibit A. DONE, RATIFIED, AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF FEBRUARY 7, 2022. Briton S. Williams, Mayor ATTEST: Sharon Lamar,City Clerk EXHIBIT A City of North Augusta Mural Application Process I. Application Submission: Applications shall be submitted to the North Augusta Planning & Development Department,Attention: La'Stacia Reese (electronically to: planning(&northaugusta.net or mailed to/in person at: 100 Georgia Avenue, North Augusta, SC 29841). An application is considered complete if it meets the following requirements: 1) mural is located in a zoning district permitted by the Development Code; 2) all signatures are affixed; and 3) all required sketches and descriptions are received. Il. Mural Design Review Board: Complete applications shall be reviewed and approved by the Mural Design Review Board. The board shall consist of five (5) members nominated by the mayor and confirmed by council via resolution: 1. Planning & Development Department: La'Stacia Reese, Planning Technician (Board Coordinator) 2. North Augusta Forward: Avery Spears-Mahoney, Executive Director 3. Downtown Merchant's Alliance Design Committee: Jennifer Elliott, Shoppe 3130 4. Arts& Heritage Center: Garland Gooden, Board Member 5. Riverside Village Business: Jeannine Steinkuhl, Crowne Plaza III. Mural Application Reguirements: 1. Applications will be made using the standard "Application for Mural." 2. The mural application may be submitted electronically or hard copy and contain the following: a. Color sketch of proposed mural. b. Sketch of mural on proposed building, drawn to scale. c. Written description of the type of paint to be used, expected life span and maintenance plan for the mural. d. Anything else the applicant wishes to provide describing the mural, its contents, the artist completing the work, or any other relevant information. e. The building owner on which the proposed mural is to be placed shall consent to the mural placement on the property, agree to maintain the mural, and consent to restore the fagade upon which the mural is placed to its prior condition if mural is not properly maintained. 3. An application review meeting will be called upon receipt of a complete application. Meetings may take place in person at the Municipal Center or virtually via electronic methods. Multiple review meetings may be required; additional information be requested by Board for review. 4. Upon approval of the application by the Mural Design Review Board, applicant will be formally notified in writing. Murals may only be constructed following full written approval. Any decision made but the board is considered final. IV. The Review Board will determine if the mural meets the following criteria: 1. Mural tastefully depicts the history, heritage, culture, or events of the local area. It is the intent of the City to provide opportunities for artists and sponsors of art to create noncommercial, publicly accessible exhibits of a social, cultural or historical significance. 2. The color(s) and theme(s) of mural must be compatible with nearby buildings and sites and should complement the ambience of the surrounding area. 3. Commercial, controversial, and sexually explicit themes are prohibited; except on church properties, religious themes are prohibited. 4. Neither the design nor location of a mural shall constitute a significant traffic hazard, endanger safety, or be detrimental to the use or enjoyment of property in the vicinity of the mural. 5. Artificial lighting shall not be used to illuminate a mural. 6. Murals may be used to support a group of businesses, but cannot be the primary signage for any single business. Further information regarding commercial signage can be found in Development Code Article 13—Signs. Version: January 2022 ATTACHMENT#13 ORDINANCE NO. 2022-04 TO AUTHORIZE THE CITY TO ENTER INTO A FIRST AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT OF MARCH 15, 2017 FOR NORTH AUGUSTA RIVERSIDE VILLAGE. WHEREAS, the City entered into a Master Development Agreement for the development of Riverside Village in March of 2017 that was for a period of five (5)years with such initial agreement scheduled to terminate on March 15,2022; and, WHEREAS,many of the required improvements have been completed but there remain some portions of the development that have not been completed as of the present; and, WHEREAS, the South Carolina Local Government Development Agreement Act, the Act under which the original Agreement was entered into, provides for the ability of the parties by mutual agreement to extend the termination date; and, WHEREAS, Mayor and City Council have determined that it would be in the interest of the City to extend the term of the Agreement for a period of one(1)year; 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 City agrees to the extension of the termination date of the original agreement for one (1) additional year which would result in the termination date becoming March 15, 2023. 11. The First Amendment to the Master Development Agreement which is attached hereto, marked Exhibit(A) is specifically approved by Mayor, and Council. Ill. The Mayor and/or the City Administrator are specifically authorized to execute such documents as required to carry out this First Amendment and extension of the original term. IV. This Ordinance shall become effective immediately upon its adoption on second 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 MARCH,2022. First Reading: Second Reading: BRI 10\ S. W u.1 1AMS,MAYOR ATTEST: SHARON LAMAR,CPrY CLERK EXHIBIT A FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT by and among CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, GRAYBUL IRONWOOD, LLC, [EACH OWNER OF PARCELS OR SUBPARCELS], and GREENSTONE HAMMOND'S FERRY, LLC March 15, 2022 FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT This First Amendment to Master Development Agreement (this `Amendment") is made and entered into as of March 14, 2022 by and among the CITY OF NORTH AUGUSTA, SOUTH CAROLINA (the "City"), ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, a limited liability company organized under the laws of the State of Georgia ("Hotel Developer"), GRAYBUL IRONWOOD, LLC, a limited liability company organized under the laws of the State of Delaware ("Apartment Owner"), [Add other Owners and/or Developers of Parcels or Subparcels of Riverside Village Property], and GREENSTONE HAMMOND'S FERRY, LLC,a limited liability company organized under the laws of the State of South Carolina ("Greenstone"). RECITALS This Amendment provides for the extension of the term of that certain Master Development Agreement by and among the City, GreenJackets Baseball LLC, the Hotel Developer and Greenstone, dated March 15, 2017 (the `Agreement'). Defined terms used herein and not otherwise defined shall have the meanings ascribed to them in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, the Hotel Developer,the Apartment Owner, [Other Owners], and Greenstone agree as follows: ARTICLE I AMENDMENT TO THE AGREEMENT; EXTENSION OF TERM The Term of the Agreement is hereby extended by one year and, as a result,the Agreement shall terminate on March 15,2023,unless extended by mutual agreement as provided for in Section 2.01 of the Agreement and Section 6-31-60(A)(2) of the Act. ARTICLE II MISCELLANEOUS A. Governing Law.This Amendment shall be governed in accordance with the laws of the State of South Carolina. B. Authorization; Entire Agreement. This Amendment is entered into in accordance with Section 2.01 of the Agreement and Section 6-31-60(A)(2) of the Act, and this Amendment and the Agreement, as amended, together constitute the complete and exclusive written expression of the intent of the Parties with respect to the subject matter hereof and thereof which will supersede all previous verbal and written communications, representations, agreements, promises or statements. Except as amended hereby, the terms and provisions of the Agreement shall remain in full force and effect. C. Authority. Each of the Owners and the City represents that it has the authority to be bound by the terms of this Amendment. Once executed by all parties, this Amendment will, together with the Agreement, constitute a valid and binding agreement, enforceable in accordance with its terms. D. Mutual Dependency and Severability.All rights and duties contained in this Amendment are mutually dependent on each other and one cannot exist independent of another, provided that if any one or more of the provisions contained in this Amendment shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Amendment shall be construed as if such invalid, illegal or unenforceable provision was not contained herein. E. Notices and Addresses. Any notices given under this Amendment shall be given in accordance with the terms and provisions of giving notice under the Agreement. F. Amendment, Modification, or Alteration. No amendment, modification or alteration of the terms of this Amendment shall be binding unless in writing, dated subsequent to the date hereof and duly executed by the parties hereto. G. Counterparts; Facsimile. This Amendment may be executed in any number of counterparts and/or exchanged via facsimile or electronic distribution, each of which shall be deemed an original, but all such counterparts and/or facsimile or electronic counterparts or originals together shall constitute but one and the same instrument. H. Binding Effect/Benefit. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective affiliates, successors and assigns. I. Parties to Amendment; Approval by Ordinance. Section 18.04 of the Agreement provides that the "...Agreement may be modified or amended only by the written agreement of the City and the Owners; such written agreement, if not statutorily required to be by ordinance, may be by resolution or ordinance at the City's sole discretion." The parties to this Amendment include the City and the Owners, as currently constituted, and the City has decided, in its sole discretion, to approve this Amendment by ordinance. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereunto set their hands and seals on the date written below. CITY OF NORTH AUGUSTA, SOUTH CAROLINA By: Witness Briton S. Williams, Mayor Witness State of County of I, do hereby certify that Briton S. Williams, as Mayor of the City of North Augusta, South Carolina personally appeared before me this day and acknowledged the due execution of the foregoing instrument. By: Notary Public My commission expires on: [SEAL] FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE GREENSTONE HAMMOND'S FERRY, LLC, a South Carolina limited liability company By: Witness Christian B. Schoen, Manager Witness State of County of I, do hereby certify that Christian B. Schoen, as Manager of Greenstone Hammond's Ferry, LLC, a South Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. By: Notary Public My commission expires on: [SEAL] FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, a Georgia limited liability company By: Witness [Donald K. Miller], Manager Witness State of County of I, do hereby certify that [Donald K. Miller], as Manager of Ackerman Greenstone North Augusta, LLC, a Georgia limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. By: Notary Public My commission expires on: [SEAL] FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE GRAYBUL IRONWOOD,LLC, a Delaware limited liability company By: Witness [Name], [Title] Witness State of County of I, do hereby certify that [Name], as [Title] of GrayBul Ironwood, LLC, a Delaware limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. By: Notary Public My commission expires on: [SEAL] FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE [Add other Owners and/or Developers of Parcels or Subparcels of Riverside Village Property] ATTACHMENT#14 RESOLUTION NO. 2022-09 AUTHORIZING A GRANT APPLICATION TO THE STATE OF SOUTH CAROLINA PARKS RECREATION & TOURISM DEPARTMENT FOR FEDERAL FUNDING ASSISTANCE TO SUPPORT A PROJECT SUBMITTED UNDER THE LAND AND WATER CONSERVATION FUND (LWCF) PROGRAM AS PROVIDED IN THE LWCF ACT OF 1965, AS AMENDED WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost of the Sharon Jones Amphitheater Rest Area Project; and WHEREAS, Parks, Recreation & Tourism Department believes that this project meets the stated criteria for grant funding under the terms established by the State of South Carolina Parks, Recreation & Tourism Department (SCPRT), and any funding received from SCPRT will be used for the implementation of the referenced project; and WHEREAS, the City of North Augusta acknowledges that SCPRT grants, if approved, will be paid on a reimbursement basis, meaning that the City may request payment only after eligible and allowable costs have already been paid and remitted to vendors; and WHEREAS, the City owns the site and intends to develop or improve it for recreational purposes; and WHEREAS, any funds received from the SCPRT will be used for the sole purpose stated in the City's grant applications to SCPRT; and WHEREAS, the City assures that any facility developed with financial aid from the LWCF program must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by the City, SCPRT, and the National Park Service (NPS); and WHEREAS, the City acknowledge that LWCF grants are federal funds and, as such, the City must comply with all applicable federal laws; and WHEREAS, this Resolution becomes a part of a formal application to SCPRT and NPS, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, THE MAYOR CONCURRING, THAT: The Director of Parks, Recreation and Tourism or his designee, is hereby authorized to submit applications for and on behalf of the City of North Augusta, in such counterparts as are necessary, to the State of South Carolina Parks, Recreation & Tourism Department, for financial assistance in the amount set forth in the "Grant Request" column below: Proposed Projects SCPRT Grant Match Total Program Request Category Sharon Jones LWCF $300,000 $300,000 $600,000 Amphitheater Rest Area The $300,000 of SCPRT grants requires a dollar for dollar match. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2022. Briton S. Williams, Mayor ATTEST: Sharon Lamar, City Clerk ATTACHMENT 415 RESOLUTION NO. 2022-10 RESOLUTION APPROVING FINANCING TERMS FOR THE FINANCING OF VEHICLES AND EQUIPMENT WHEREAS,the City of North Augusta, SC ("Borrower") has previously determined to undertake a project for the financing of vehicles and equipment (the "Project"), and the Chief Financial Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED that 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 Borrower hereby determines to finance the Project through Truist Bank ("Lender") in accordance with the proposal dated February 4, 2022. The amount financed shall not exceed $1,360,366.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 1.57%, and the financing term shall not exceed four (4) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Borrower are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The Borrower shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. 5. The Borrower intends that the adoption of this resolution will be a declaration of the Borrower's official intent to reimburse expenditures for the Project that are to be financed from the proceeds of the Lender financing described above. The Borrower intends that funds that have been advanced, or that may be advanced, from the Borrower's general fund or any other Borrower fund related to the Project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Borrower officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF FEBRUARY, 2022. Briton S. Williams, Mayor ATTEST: Sharon Lamar, City Clerk