RES 2022-11 Adopted RESOLUTION NUMBER 2022-11
AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH
SC NORTH AUGUSTA BUENA VISTA, LLC RELATED TO THE
CONSTRUCTION OF A STORM WATER AND DRAINAGE
IMPROVEMENT PROJECT EXTENDING ACROSS THE AREA FROM
MARTINTOWN ROAD TO BUENA VISTA AVENUE ON A PARCEL OF
PROPERTY CONTAINING 50.86 ACRES CURRENTLY UNDER CONTRACT
TO SC NORTH AUGUSTA BUENA VISTA, LLC
WHEREAS, SC North Augusta Buena Vista, LLC has approached the City
concerning the construction of a storm water and drainage improvement project on property
that the developer currently has under contract; and,
WHEREAS, the storm water improvements as identified in the proposed contract
are necessary for the development of the property; and,
WHEREAS, the City identified this storm water and drainage improvement
project in 2018 related to a Capital Project Sales Tax Program; and,
WHEREAS,a Referendum approved this project for the Sales Tax Program; and,
WHEREAS,sufficient funds have not been available, to date, for the construction
of this project; and,
WHEREAS, the developer has agreed to advance costs related to the project and
construct same based upon plans to be approved by the City; and,
WHEREAS, when the project was considered for the 2018 Referendum, the
estimate for the cost of the project at that time was $600,000.00; and,
WHEREAS,the developer has agreed to be responsible for all costs and expense
related to the improvements above $600,000.00; and,
WHEREAS, City Council is of the belief that it is in the City's best interest to
enter into this contract.
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:
1. That the City Administrator is authorized to execute the agreement attached hereto,
marked as Exhibit "A" causing the City to enter into an agreement with SC North
Augusta Buena Vista, LLC for the construction of a storm water drainage project as
identified in such agreement.
2. That the City Administrator is further authorized to execute all additional documents
necessary to cant' out this agreement.
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3. At such time as the project is completed and payment is required, such payment is to be
paid from Capital Project Sales Tax Funds, if available or from such other funds as
designated by City Council at that time.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS '7+h DAY OF MARCH,
2022.
ON S. WILLIAMS,MAYOR
ATTEST:
WALM
SHARON LAMAR,CITY CLERK
EXHIBIT A
STORMWATER IMPROVEMENTS AGREEMENT
This Stormwater Improvements Agreement(the"Agreement") is made and entered into as of this
day of 2022 by and between SC NORTH AUGUSTA BUENA VISTA,
LLC, a South Carolina limited liability company("Developer")and the CITY OF NORTH AUGUSTA,
SOUTH CAROLINA ("City") (Developer and the City being sometimes individually referred to herein
as a"Party"and sometimes collectively referred to as the"Parties").
RECITALS
WHEREAS, Developer and/or its affiliates is currently either record owner or under contract to
purchase approximately 50.86 acres of real property in the City of North Augusta, City of Aiken, State of
South Carolina,consisting of the following five(5)tax parcels: 007 16 03 001 (42.5 acres), 007 12 12 009
(3.99 acres) 007 12 12 006 (2.8 acres), 007-12-12-007 (0.97 acres) and 007-12-12-005 (0.60 acres)
(collectively,the"Property"); and
WHEREAS, Developer has submitted preliminary plans for development of the Property which
have been approved by the City, and contemplates a development on the Property consisting of single
family detached homes,multifamily units,and commercial outparcels(the"Development"); and
WHEREAS,the City will benefit from the Development of the Property through the expansion of
its tax base, the addition of needed infrastructure, and the certainty and control of growth within the
Property; and
WHEREAS, the Development will require the construction of stormwater and drainage
improvements specifically related to stormwater drainage affecting a portion of the Property located
between Martintown Road and East Buena Vista Avenue(the"Stormwater Improvements"); and
WHEREAS, the City previously recognized the need for the Stormwater Improvements, and
included the construction project for same(the"Project")in matters to be funded through the Capital Project
Sales Tax Program,which was approved by referendum in 20 (the"Program"); and
WHEREAS, at the time the Stormwater Improvements were originally contemplated,the cost for
the Project was estimated to be$600,000.00; and
WHEREAS, although the Project was included in a list of matters to be funded through the
Program, sufficient funds were previously unavailable to undertake the Project (as Program funds were
utilized for other matters within the Program considered by the City to be of higher priority); and
WHEREAS, Developer is agreeable to advancing funds for the Project based on an understanding
that, subject to certain conditions set forth herein,the City will thereafter reimburse Developer for all costs
and expenses related to same,up to but not exceeding$600,000.00; and
WHEREAS, the Parties wish to enter into this Agreement to address, among other things (i)
Developer's preparation of plans and specifications for the Stormwater Improvements(the"Plans"),(ii)the
review and approval of the Plans by the City, (iii) the completion of the Project by Developer pursuant to
the approved Plans,and(iv) the reimbursement by the City to Developer for all costs and expenses related
the Project up to but not exceeding$600,000.00.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The foregoing Recitals are incorporated and made a part of this Agreement.
2. Developer will prepare the Plans and submit the same to the City for review,comment and
approval. The Plans will contemplate,among other things,the utilization of the Stormwater Improvements
for stormwater drainage by the Developer, for the benefit of the Development, through the connection of
one or more stormwater pipes or other stormwater facilities on the Property to the Stormwater
Improvements.
3. To the maximum extent permitted by law, the City will assist Developer with the
identification,coordination of, and timely issuance of, all City and other governmental permits,approvals
and consents which may be necessary or desirable in connection with the construction/installation,
operation, maintenance and repair of the Stormwater Improvements.
4. Upon approval of the Plans by the City,and subsequent to Developer acquiring the entirety
of the Property, Developer will proceed with the construction and installation of the Stormwater
Improvements.
5. Upon completion of the Project, Developer will submit the Stormwater Improvements as
constructed and installed to the City, which will either approve the Stormwater Improvements or ask for
modifications in order to grant ultimate approval.
6. Within sixty (60) days after the Project has been completed, Developer will submit
documented and verified costs of the Project to the City,who will,within thirty(30) days of submittal by
Developer and through revenue sources available to the City,reimburse Developer for any and all costs and
expenses incurred by Developer in conjunction with the Project, such reimbursement amount not to exceed
Six Hundred Thousand and no/100 Dollars($600,000.00). Any costs and expenses incurred by Developer
related to the Project in excess of$600,000.00 shall be the responsibility of Developer.
7. This Agreement shall be construed in accordance with,and governed in all respects by,the
laws of the State of South Carolina, without regard to its conflicts of laws principles.
8. All covenants, agreements,warranties, and provisions of this Agreement shall be binding
upon and inure to the benefit of the Parties hereto,and their respective successors and assigns.
9. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same document. In addition,this
Agreement may contain more than one counterpart of the signature page(s), all of which signature page(s)
may be attached to one copy of this Agreement to constitute the entire executed Agreement. Scanned,
facsimile, or photocopies of the executed Agreement may be relied upon as if the original.
10. Neither party may assign or transfer the responsibilities or agreement made herein without
the prior written consent of the non-assigning party, which shall not be unreasonably withheld.
11. This Agreement may only be amended or supplemented by a written agreement signed by
the Parties.
12. If any provision in this Agreement is voidable or unenforceable that provision will be
severed and the rest of this Agreement will remain in full force and effect.
13. The provisions of this Agreement are binding upon and inure to the benefit of the Parties
and their respective successors and permitted assigns. The Parties shall have all rights at law and in equity
in enforcing this Agreement.This Agreement and any attachments constitute the entire and final agreement
between the Parties. It supersedes any previous correspondence, tenders, representations, proposals,
understandings and communications whether oral or in writing relating to the subject matter hereof(apart
from documents referred to specifically herein).
14. By their signature hereto, the Parties hereby agree that this Agreement is intended to be a
legally binding document.
(signature page to follow)
[SIGNATURE PAGE—STORMWATER AGREEMENT]
IN WITNESS WHEREOF,the parties have caused this Stormwater Agreement to be executed by
its duly authorized representatives the day and year first written above.
CITY OF NORTH AUGUSTA,SOUTH CAROLINA
By:
Name:
Its:
SC NORTH AUGUSTA BUENA VISTA,LLC,
a South Carolina limited liability company
By:
Philip J. Wilson, Manager