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