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030424 Council Mtg Discussion Items with Attachments DISCUSSION ITEMS FOR MARCH 4, 2024 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 same 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. Page 1 of 2 Administration Department Interoffice Memorandum TO: Mayor and City Council FROM: Jim Clifford, City Administrator DATE: March 1, 2024 SUBJECT: Regular City Council Meeting of March 4, 2024 REGULAR COUNCIL MEETING OLD BUSINESS ITEM 5. PLANNING AND DEVELOPMENT: Ordinance No. 2024-03 to Authorize the City to Enter into a Third Amendment to the Master Development Agreement of March 15, 2017 for North Augusta Riverside Village – Second Reading An ordinance has been prepared for Council’s consideration to approve to Authorize the City to Enter into a Third Amendment to the Master Development Agreement of March 15, 2017 for North Augusta Riverside Village. Please see ATTACHMENT #5 for a copy of the proposed ordinance. ITEM 6. PUBLIC SAFETY: Ordinance No. 2024-04 Granting an Easement to Dominion Energy South Carolina, Inc. for Placement of Facilities to Serve Public Safety Headquarters – Second Reading An ordinance has been prepared for Council’s consideration to approve Granting an Easement to Dominion Energy South Carolina, Inc. for Placement of Facilities to Serve Public Safety Headquarters. Please see ATTACHMENT #6 for a copy of the proposed ordinance. NEW BUSINESS ITEM 7. ADMINISTRATION: Ordinance No. 2024-05 Authorizing the Sale of Surplus City Property at 1711 Plank Road, Parcel 006-15-06-017 – First Reading An ordinance has been prepared for Council’s consideration to approve Authorizing the Sale of Surplus City Property at 1711 Plank Road, Parcel 006-15-06-017. Please see ATTACHMENT #7 for a copy of the proposed ordinance. Page 2 of 2 ITEM 8. ADMINISTRATION: Resolution No. 2024-08 Authorizing Additional Funds from CPST IV for Ancillary Items for the Construction of the North Augusta Department of Public Safety Headquarters A resolution has been prepared for Council’s consideration to approve Authorizing Additional Funds from CPST IV for Ancillary Items for the Construction of the North Augusta Department of Public Safety Headquarters. Please see ATTACHMENT #8 for a copy of the proposed resolution. ITEM 9. ADMINISTRATION: Resolution No. 2024-09 Approving a Reprioritized Project and Funding List for Capital Project Sales Tax IV (CPST IV) A resolution has been prepared for Council’s consideration to approve a Reprioritized Project and Funding List for Capital Project Sales Tax IV (CPST IV). Please see ATTACHMENT #9 for a copy of the proposed resolution. ITEM 10. ADMINISTRATION: Resolution No. 2024-10 To Approve the Installation of a Mural at the Center Street Greeneway Tunnel Location A resolution has been prepared for Council’s consideration to approve the Installation of a Mural at the Center Street Greeneway Tunnel Location. Please see ATTACHMENT #10 for a copy of the proposed resolution. ORDINANCE NO. 2024-03 TO AUTHORIZE THE CITY TO ENTER INTO A THIRD AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT OF MARCH 15, 2017 FOR NORTH AUGUSTA RIVERSIDE VILLAGE WHEREAS, the City and the various other parties named therein entered into a Master Development Agreement, dated March 15, 2017 (the “Development Agreement”) for the development of Riverside Village that was for a period of five (5) years with such initial agreement scheduled to terminate on March 15, 2022; WHEREAS, the City (1) adopted Ordinance 2022-04 on March 7, 2022 approving (a) the extension of the term of the Development Agreement for a period of one year and (b) the execution of the First Amendment (defined herein), (2) executed and delivered a First Amendment to Master Development Agreement dated March 15, 2022 (the “First Amendment”) entered into among the City and the various other parties named therein, extending the term of the Development Agreement for a period of one year through March 15, 2023, and (3) recorded the First Amendment with the Register of Mesne Conveyance of Aiken County, South Carolina on June 23, 2022 in Book RB 5029 at Pages 963-979; WHEREAS, the City (1) adopted Ordinance 2023-01 on March 6, 2023 approving (a) the extension of the term of the Development Agreement for a period of one year and (b) the execution of the Second Amendment (defined herein), (2) executed and delivered a Second Amendment to Master Development Agreement dated March 15, 2023 (the “Second Amendment”) entered into among the City and the various other parties named therein, extending the term of the Development Agreement for a period of one year through March 15, 2024, and (3) recorded the Second Amendment with the Register of Mesne Conveyance of Aiken County, South Carolina on June 27, 2023 in Book RB 5097 at Pages 2227-2243; 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; WHEREAS, the South Carolina Local Government Development Agreement Act, the Act under which the Development 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 Development Agreement for a period of sixty days; 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: I. The City agrees to the extension of the termination date of the Development Agreement for an additional sixty-day period which results in a termination date of the Development Agreement of May 14, 2024. ATTACHMENT #5 Page 1 of 20 II. The Third Amendment to the Master Development Agreement, which is attached hereto, marked Exhibit A, is specifically approved by Mayor and Council. III. The Mayor and/or the City Administrator are specifically authorized to execute such documents and take all such other actions with respect thereto as shall be required to carry out the Third Amendment and extension of the original term of the Development Agreement. 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 ___________ 2024. First Reading: _________________ Second Reading: Briton S. Williams, Mayor Attest: Jamie Paul, City Clerk ATTACHMENT #5 Page 2 of 20 Exhibit A Form of Third Amendment to Master Development Agreement ATTACHMENT #5 Page 3 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT by and among CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ACKERMAN GREENSTONE NORTH AUGUSTA, LLC, GRAYBUL IRONWOOD, LLC, GREENSTONE HAMMOND’S FERRY, LLC and EACH OF THE OWNERS LISTED ON EXHIBIT A March 15, 2024 ATTACHMENT #5 Page 4 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT This Third Amendment to Master Development Agreement (this “Amendment”) is made and entered into as of March 15, 2024 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”), GREENSTONE HAMMOND’S FERRY, LLC, a limited liability company organized under the laws of the State of South Carolina (“Greenstone”) and each of the Owners listed on Exhibit A attached hereto. RECITALS This Amendment provides for the third 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, Greenstone, and each of the Owners listed on Exhibit A attached hereto agree as follows: ARTICLE I AMENDMENT TO THE AGREEMENT; EXTENSION OF TERM The Term of the Agreement is hereby extended by sixty (60) days and, as a result, the Agreement shall terminate on May 14, 2024, 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. The Hotel Developer, the Apartment Owner, Greenstone, each of the Owners listed on Exhibit A attached hereto 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, ATTACHMENT #5 Page 5 of 20 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] ATTACHMENT #5 Page 6 of 20 IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of March 15, 2024. 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] ATTACHMENT #5 Page 7 of 20 THIRD 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] ATTACHMENT #5 Page 8 of 20 THIRD 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] ATTACHMENT #5 Page 9 of 20 THIRD 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] ATTACHMENT #5 Page 10 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE GREENSTONE HENDON RIVERSIDE VILLAGE, LLC, a Georgia 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 Hendon Riverside Village, 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] ATTACHMENT #5 Page 11 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE HAMMONDS FERRY COMMERCIAL I, LLC, a Georgia 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 Hammonds Ferry Commercial I, 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] ATTACHMENT #5 Page 12 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE B OWNER, 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 Riverside Village B Owner, 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] ATTACHMENT #5 Page 13 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE C OWNER, 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 Riverside Village C Owner, 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] ATTACHMENT #5 Page 14 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE D OWNER, 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 Riverside Village D Owner, 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] ATTACHMENT #5 Page 15 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE G OWNER, 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 Riverside Village G Owner, 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] ATTACHMENT #5 Page 16 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE H OWNER, 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 Riverside Village H Owner, 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] ATTACHMENT #5 Page 17 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE I OWNER, 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 Riverside Village I Owner, 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] ATTACHMENT #5 Page 18 of 20 THIRD AMENDMENT TO MASTER DEVELOPMENT AGREEMENT SIGNATURE PAGE RIVERSIDE VILLAGE K OWNER, 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 Riverside Village K Owner, 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] ATTACHMENT #5 Page 19 of 20 EXHIBIT A TO MASTER DEVELOPMENT AGREEMENT Owners of Riverside Village Property as of March 15, 2024 other than Hotel Developer, the Apartment Owner, and Greenstone Greenstone Hendon Riverside Village, LLC, a Georgia limited liability company Hammonds Ferry Commercial I, LLC, a Georgia limited liability company Riverside Village B Owner LLC, a South Carolina limited liability company Riverside Village C Owner LLC, a South Carolina limited liability company Riverside Village D Owner LLC, a South Carolina limited liability company Riverside Village G Owner LLC, a South Carolina limited liability company Riverside Village H Owner LLC, a South Carolina limited liability company Riverside Village I Owner LLC, a South Carolina limited liability company Riverside Village K Owner LLC, a South Carolina limited liability company ATTACHMENT #5 Page 20 of 20 ORDINANCE NO. 2024-04 AN ORDINANCE GRANTING AN EASEMENT TO DOMINION ENERGY SOUTH CAROLINA, INC. FOR PLACEMENT OF FACILITIES TO SERVE PUBLIC SAFETY HEADQUARTERS WHEREAS, the City of North Augusta is in the process of constructing Public Safety Headquarters at 1210 Georgia Avenue (“Project”); and WHEREAS, the City has requested that Dominion Energy provide underground electric service to the new Public Safety Headquarters; and WHEREAS, Dominion Energy has requested that the City grant to it an easement upon and across City property that would allow for the placement of equipment necessary for the provision of such electric service; and WHEREAS, the Mayor and City Council have reviewed this matter, to include the proposed Deed of Easement and find that it is in the best interest of the citizens of North Augusta that such easement be granted. 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: I. The City grant to Dominion Energy South Carolina, Inc. an easement over and across City property known as Tax Parcel Numbers 007-07-06-003. II. The City Administrator is hereby authorized to execute the Deed of Easement and any other documents necessary in order to complete this matter. III. 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, 2024. First Reading: Second Reading: Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #6 Page 1 of 5 RW-5-E-G-SC (Rev. 4-2019) Easement # 905193 INDENTURE, made this _________ day of ____________________, 2023 by and between CITY OF NORTH AUGUSTA of the State of South Carolina, hereinafter called “Grantor” (whether singular or plural), and the DOMINION ENERGY SOUTH CAROLINA, INC., a South Carolina corporation, having its principal office in Cayce, South Carolina, hereinafter called “Grantee”. WITNESSETH: That, in consideration of the sum of One Dollar ($1.00) received from Grantee, Grantor, owning a tract or development known as situate in the County of Aiken, State of South Carolina, shown on a certain plat or various plats filed or to be filed in the office of the public records of said County and generally described as follows: Being a tract or lot of land containing 4.45 acres, more or less, and being the same lands conveyed to Grantor by deed of ESTATE OF STARKEY SHARPE FLYTHE, JR. ET AL., dated or recorded 06/27/2016 and 04/29/2016, and filed in the Register of Deeds office for Aiken County in Deed Book 4611 at Page 424 and in Deed Book 4601 at Page 1897. Property is located along Georgia Ave in Aiken County, South Carolina. Right of Way is hereby granted for new electric facilities as is more or less shown on Dominion Energy Drawing "D-85092" and revisions thereof which is by reference only made a part hereof. TMS: 007-07-06-003 The Grantor hereby grants and conveys to Grantee, its successors and assigns, the right, privilege and authority, from time to time, to enter upon, construct, extend, inspect, operate, replace, relocate, repair and perpetually maintain upon, over, under, along, across and through any and all property shown on the plat of land referred to above, and upon, over, under, along, across and through any and all streets, alleys, roads or other public ways or places of said development now existing or hereafter laid out, an overhead or underground electric line or lines consisting of any or all of the following: poles, conductors, lightning protective wires, municipal, public or private communication lines, cables, conduits, pad mounted transformers, guys, push braces and other accessory apparatus and equipment deemed by Grantee to be necessary or desirable, together with the right of ingress, egress and access to and from such rights of way, across and upon the lands of Grantor, as may be necessary or convenient for the purposes connected therewith. Together also with the right to lay, construct, maintain, operate, repair, alter, replace and remove pipe lines, together with valves, tieovers and appurtenant facilities for the transportation of gas, oil petroleum products or any other liquids, gases or substances which can be transported through a pipe line. Together also with the right, from time to time, to install guy wires upon lots in said development, to overhang lots with conductors, cross arms and service wires with the right (but not the obligation) from time to time to trim, cut or remove trees, underbrush and other obstructions that are within, over, under or through a strip of land (“Easement Space”) extending Fifteen (15) feet on each side of any pole lines and Five (5) feet on each side of any underground wires or pipe lines and within, over, under or through a section of land extending Twelve (12) feet from the door side(s) of any pad mounted transformers, elbow cabinets, switchgears or other devices as they are installed; provided, however, any damage to the property of Grantor (other than that caused by trimming, cutting or removing) caused by Grantee in maintaining or repairing said lines, shall be borne by Grantee; provided further, however, that Grantors agree for themselves, their successors and assigns, not to build or allow any structure to be placed on the premises in such a manner that any part thereof will exist within the applicable above specified Easement Space, and in case such structure is built, then Grantor, or such successor and assign as may be in possession and control of the premises at the time, will promptly remove the same upon demand of Grantee herein. Grantor further agrees to maintain minimum ground coverage of thirty six (36) inches and maximum ground coverage of fifty four (54) inches over all underground primary electric lines. Grantor further agrees to maintain minimum ground coverage of twenty four (24) inches and maximum ground coverage of forty two (42) inches over all underground pipe (gas) lines. The words “Grantor” and “Grantee” shall include their heirs, executors, administrators, successors and assigns, as the case may be. IN WITNESS WHEREOF, Grantor has caused this indenture to be duly executed the day and year first above written. WITNESS: [SIGNATURES TO FOLLOW] ATTACHMENT #6 Page 2 of 5 RW-5-E-G-SC (Rev. 4-2019) Easement # 905193 CITY OF NORTH AUGUSTA _________________________________________________________ By: _____________________________________________________(SEAL) 1st Witness _________________________________________________________ ____________________________________________________________ 2nd Witness Print Name __________________________________________________ Title ACKNOWLEDGMENT STATE OF SOUTH CAROLINA ) ) COUNTY OF____________________) The foregoing instrument was acknowledged before me, the undersigned Notary, and I do hereby certify that the within named _______________________________________ as __________________________________________________ for CITY OF NORTH AUGUSTA personally appeared before me this day and that the above named acknowledged the due execution of the foregoing instrument. Sworn to before me this ________________ day of ________________________________, 2023 ________________________________________________________________________ Signature of Notary Public State of SC My commission expires: _____________________________________________________ ________________________________________________________________________ Print Name of Notary Public ATTACHMENT #6 Page 3 of 5 RW-5-E-G-SC (Rev. 4-2019) RIGHT OF WAY GRANT TO DOMINION ENERGY SOUTH CAROLINA, INC. Line: NORTH AUGUSTA PUBLIC SAFETY HEADQUARTERS County: Aiken R/W File Number: 26948 Grantor(s): CITY OF NORTH AUGUSTA Return to: DESC ATTACHMENT #6 Page 4 of 5 BU T L E R A V E N U E 5 0 ' R / W ( S - 2 - 1 2 2 ) OB S E R V A T O R Y A V E N U E 6 0 ' R / W ( S - 2 - 7 1 2 ) G E O R G I A A V E . 1 0 0 ' R / W ( U . S . H W Y . 2 5 ) D D D D D D D D D D D D D D D D D D D D D D D D D D X D GEORGIA AVENU E 1 0 0 ' R / W ( U . S . 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SC A L E : D- 8 5 0 9 2 DE V E L O P E R ' S S I G N A T U R E B L O C K PA L M E T T O U T I L I T Y P R O T E C T I O N S E R V I C E 3 D A Y S B E F O R E D I G G I N G IN S O U T H C A R O L I N A CA L L 8 1 1 IT ' S T H E L A W EA S E M E N T N O . FI L E N U M B E R R/ W A G E N T RI G H T O F W A Y I N F O R M A T I O N BY : BY : BY : W. R . # ST A R T E D CO M P L E T E D CL O S E D O U T W. O . # GA S E N G . - T E C H . EL E C T R I C E N G . - T E C H . CO O R D I N A T O R DO M I N I O N E N E R G Y S O U T H C A R O L I N A , I N C . EL E C T R I C D I S T R I B U T I O N S Y M B O L S ATTACHMENT #6 Page 5 of 5 ORDINANCE NO. 2024-05 AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS CITY PROPERTY AT 1711 PLANK ROAD, PARCEL 006-15-06-017 WHEREAS, the City Council previously authorized the City to accept a deed from the Aiken County Forfeited Land Commission via Resolution Number 2023-21 for parcel 006-15-06- 017; and WHEREAS, the City has conducted abatement of the property to remove abandoned structures; and WHEREAS, the City has no requirements for this parcel; and WHEREAS, the City desires to encourage redevelopment in the City limits through private endeavors; and WHEREAS, the City Council authorized the sale of the property via Ordinance 2023-25 with a minimum bid requirement of $17,000; and WHERAS, the property was listed on both the City’s procurement website and subsequently via govdeals.com wherein the minimum bid price was not met. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in a meeting duly assembled and by the authority thereof, that: 1. That the Council agrees that the City Administrator is to solicit bids for the sale of the identified property to cover costs associated with the remediation of the property and secure whatever additional proceeds can be negotiated. 2. That the City Administrator is authorized in conjunction with such Contract of Sale to negotiate matters related to closing costs and expenses and establish a specific date for the closing of such transaction. 3. That no real estate commission shall be paid in connection with the sale of such property. 4. That the net funds received from the sale of such properties after settling all back taxes and re- payment of abatement funds is to be deposited into the Capital Project Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF MARCH 2024. First Reading ____________________________ Second Reading Briton S. Williams, Mayor ATTEST: ____________________________ Jamie Paul, City Clerk ATTACHMENT #7 Page 1 of 1 RESOLUTION NO. 2024-08 A RESOLUTION AUTHORIZING ADDITIONAL FUNDS FROM CPST IV FOR ANCILLARY ITEMS FOR THE CONSTRUCTION OF THE NORTH AUGUSTA DEPARTMENT OF PUBLIC SAFETY HEADQUARTERS WHEREAS, Resolution 2022-45 directed the City Administrator to select Hood Construction as the construction manager at-risk contractor and establish a total budget for the Public Safety Headquarters to include the Guaranteed Maximum Price (GMP); and WHEREAS, Resolution 2023-03 directed the funding line in CPST IV for the Public Safety Headquarters to reflect a total budget of $25,000,000; and WHEREAS, the City Council received an update on the project from the city administrator and director of public safety wherein the base contract is expected to meet cost and timelines; and WHEREAS, the City Council having been briefed last week on the need for ancillary items for the Public Safety Headquarters, to include, but not limited to parking lot security fencing, additional furniture, criminal investigative division lab equipment, and IT hardware and software in the amount not to exceed $675,000. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in a meeting duly assembled and by the authority thereof, that: 1. The Council authorizes the City Administrator to enter into any necessary contract amendments with Hood Construction. 2. The Council amends the funding line in CPST IV for the Public Safety Headquarters to reflect a budget of $25,675,000 3. The Council authorizes the City Administrator to finalize and execute any changes to existing agreements or new procurement agreements for the Public Safety Headquarters. 4. The Council directs any unspent funds at the completion of the project and financial reconciliation be placed into general use within CPST IV. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF MARCH, 2024. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #8 Page 1 of 1 RESOLUTION NO. 2024-09 A RESOLUTION APPROVING A THIRD REPRIORITIZED PROJECT AND FUNDING LIST FOR CAPITAL PROJECT SALES TAX IV (CPST IV) WHEREAS, a referendum on the reimposition of the Capital Sales Tax in Aiken County was held on November 6, 2018 and resulted in the voters’ approval of the ballot on reimposition of the tax and the Aiken County Council declared the results of the Referendum in Resolution Number 18-11-178 approved by Council on November 13, 2018; WHEREAS, the City of North Augusta included 19 projects totaling $30,700,000 in funding in the referendum which were approved by the voters; WHEREAS, the City Council passed Resolution 2020-09 which formally elected to reprioritize certain projects in order of performance and reallocated funding among certain projects; and WHEREAS, the City Council passed Resolution 2021-31 which formally elected to reprioritize certain projects in order of performance and reallocated funding among certain projects; and WHEREAS, the City Council having been briefed on the feasibility of costs of downtown projects listed CPST IV; and WHEREAS, the City of North Augusta City Council is required to approve all reprioritization of projects and funding and submit reprioritized list to Aiken County; and BE IT FURTHER RESOLVED that the City of North Augusta projects and funding allocations are hereby prioritized as listed on the attached Exhibit A; BE IT FURTHER RESOLVED that the City of North Augusta shall submit this reprioritized capital project and funding list to Aiken County. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF MARCH, 2024. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #9 Page 1 of 2 EXHIBIT A CAPITAL PROJECTS SALES TAX IV PROJECTS Proposed Project Revised Project Revised Project Third Reprioritized Project & Funding List for Capital Project Sales Tax IV (CPST IV)Funding AllocationPer Funding Allocation Revised Funding Priority Priority Revised #2 Priority Revised #3 Referendum Changes Allocation 1 1 Headquarters Development 10,500,000 15,175,000 (a)(c)25,675,000 11 2(b)Road Reconstruction Program (see listing)3,000,000 - 3,000,000 15 15 3(c)Downtown Pedestrian and Vehicular Traffic and Safety Enhancements (signage, medians, sidewalks)300,000 1,525,000 (c)1,825,000 9 10 4(c)Downtown Greeneway Connector 900,000 (700,000)(c)200,000 5 6 5(c)Park Improvements (ballpark, fields and street lighting, Creighton Park playground equipment)1,500,000 (1,500,000)(c)0 2 3 Software and Technology Enhancements for a Citizen Information Portal, Record Keeping & Storage, Transaction Processing, Accounting and Financial Reporting 575,000 (575,000) (c)0 3 4 Gateways and Wayfinding Enhancements (Highway 1 @ Martintown Road, East Buena Vista @ Highway 1, Edgefield Road @ Georgia Avenue, I‐20 @ Martintown Road) 1,250,000 (1,250,000)(c)0 4 5 Activities Center Improvements (walking track, workout room, chillers and boilers, IT connectivity)700,000 (700,000)(c)0 6 7 Community Center Upgrades (roof, lighting, flooring, AV equipment, paving)150,000 (150,000)(c)0 7 8 Greeneway Maintenance and Connectivity 650,000 (650,000)(c)0 8 9 Stormwater Infrastructure Improvements (see listing)1,500,000 (1,500,000)(c)0 10 11 Street Resurfacing Program (see listing)1,450,000 (1,450,000)(c)0 12 12 Wastewater Infrastructure Improvements (see listing)3,500,000 (3,500,000)(c)0 13 13 Safety and Security Improvements for the Municipal Building 425,000 (425,000)(c)0 14 14 Finance Department Lobby Improvements for Citizen Transactions 100,000 (100,000) (c)0 16 16 Georgia Avenue Undergrounding Utilities 700,000 (700,000)(c)0 17 17 Fire Apparatus 1,000,000 (1,000,000) (a)(c)0 18 18 Martintown Road at US 1 Interchange Design and Improvements 2,000,000 (2,000,000)(c)0 19 19 New Savannah Bluff Lock & Dam 500,000 (500,000)(c)0 $ 30,700,000 $ - $ 30,700,000 (a)Amendment 1 Resolution 2020-09 (b)Amendment 2 Resolution 2021-31 (c)Amendment 3 Resolution 2024-09 AT T A C H M E N T #9 Pa g e 2 of 2 RESOLUTION NO. 2024-09 RESOLUTION TO APPROVE THE INSTALLATION OF A MURAL AT THE CENTER STREET GREENEWAY TUNNEL LOCATION WHEREAS, the City of North Augusta ("City") is committed to enhancing public spaces and promoting cultural and artistic expressions within the community; and WHEREAS, the Center Street Greeneway tunnel location has been identified as a prime site for public art due to its visibility and potential to enhance the aesthetic and cultural value of the surrounding area; and WHEREAS, the installation of a mural at the Center Street Greeneway tunnel location is seen as an opportunity to celebrate local heritage, inspire community pride, and contribute to the vibrancy of North Augusta; and WHEREAS, the Mural Review Board ("Board") has been established to ensure that public art projects align with community standards, artistic quality, and thematic appropriateness; and WHEREAS, the proposal for a mural at the Center Street Greeneway tunnel location has been submitted for consideration, with the understanding that the final design and execution of the mural must receive approval from the Board to ensure compliance with established guidelines and objectives; and WHEREAS, the process for the approval and installation of public art, including murals, is allowed and outlined under the North Augusta Development Code, specifically Section 9.6.3.5, which governs public art initiatives and their implementation within the city; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, that: 1. The proposal to install a mural at the Center Street Greeneway tunnel location is hereby approved, contingent upon the Mural Review Board's review and approval of the artwork, in accordance with the North Augusta Development Code, Section 9.6.3.5. 2. The City Administrator, or his designee, is authorized to coordinate with the proposing artist(s) or organization(s), the Mural Review Board, and other relevant parties to facilitate the review process and ensure compliance with all applicable regulations and standards, as outlined in the North Augusta Development Code, Section 9.6.3.5. 3. Upon approval of the artwork by the Mural Review Board, the City shall provide necessary support for the installation of the mural, including but not limited to, logistical assistance, necessary permits, and facilitation of community engagement, as permitted under the North Augusta Development Code, Section 9.6.3.5. 4. This resolution shall take effect immediately upon adoption by Council. ATTACHMENT #10 Page 1 of 9 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF MARCH, 2024. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #10 Page 2 of 9 AT T A C H M E N T #1 0 Pa g e 3 of 9 PREPARED BY JASON CRAIG GREENEWAY TUNNEL MURAL PROJECT PROPOSAL ATTACHMENT #10 Page 4 of 9 I. Introduction We propose to create a captivating mural inside the Center Street Greeneway Tunnel located in North Augusta, as a part of our commitment to enhancing the cultural and visual appeal of our community. The project will utilize high-quality exterior satin latex paint, similar to house paint, to ensure durability and longevity. II. Artistic Vision A tribute to the Brickponds – our local haven of wildlife and greenery. This mural won't just be paint on a wall; it'll be a vibrant storybook of nature's wonders, filled with shapes and patterns inspired by the incredible flora and fauna that call the Brickponds home. Think of it as a snapshot of life in the Brickponds, a place where birds take flight, turtles leisurely swim, fish play hide and seek beneath the water, and trees and plants create a lush, tranquil backdrop. All of these elements will come together in a burst of colors and forms that will make you feel like you're right there in the heart of the Brickponds, experiencing its magic firsthand. This mural isn't just about art; it's about bringing our community closer to the beauty that surrounds us every day. It's an invitation to stop, look, and appreciate the natural wonders that enrich our lives. Through this mural, we hope to inspire a deeper connection with our environment and a shared sense of awe for the world around us. III. Materials and Paint Selection To ensure the longevity and weather-resistance of the mural, we have carefully selected the following materials: a. Paint Type We will use exterior satin latex paint, a highly durable and weather-resistant option commonly used for exterior surfaces like houses. This paint type is known for its longevity and ability to withstand outdoor elements, making it an ideal choice for this public art project. b. Color Palette Our color palette will consist of high-quality, fade-resistant pigments to ensure that the mural retains its vibrancy over time. The paint will be applied in multiple layers to enhance its durability and resistance to fading. IV. Execution Plan The mural will be created by Jason Craig a local artist who specialize in large-scale outdoor art installations. The execution plan includes the following steps: 1. Surface Preparation: The tunnel walls will be thoroughly cleaned, deglossed, primed with a vapor seal and prepared to ensure optimal paint adhesion. 2. Artwork Creation: The mural will be meticulously painted by our skilled artists, following the approved design. 3. Finishing Touches: Upon completion, a clear weather-resistant sealant may be applied if needed to protect the mural from UV rays and other environmental factors. V. Maintenance Plan To ensure the mural's longevity and continued aesthetic appeal, we have developed a maintenance plan: 1. Immediate Post-Installation Maintenance (First 60 Days): During this period, our team will be responsible for any necessary touch-ups and maintenance. This includes repairing any minor damage, addressing graffiti promptly, and conducting visual inspections. 2. Ongoing Maintenance (After 60 Days): Responsibility for maintenance will transition to North Augusta Forward. They will be responsible for the following: a. Regular Visual Inspections: Conduct routine inspections of the mural to identify any issues such as fading, peeling, or graffiti. b. Graffiti Removal: Promptly remove any graffiti or vandalism from the mural surface to maintain its appearance. c. Annual Maintenance: Schedule annual maintenance, which may include cleaning, touch-ups, and resealing as needed to protect the mural from wear and tear. VI. Conclusion We believe that this mural will not only enhance the aesthetics of the tunnel but also serve as a source of pride for our community. With the use of high-quality materials and a comprehensive maintenance plan, we are confident that this public art project will stand the test of time and continue to be a cherished part of our city's landscape. We look forward to collaborating with North Augusta Forward and other stakeholders to bring this exciting project to fruition. ATTACHMENT #10 Page 5 of 9 III. Materials and Paint Selection To ensure the longevity and weather-resistance of the mural, we have carefully selected the following materials: a. Paint Type We will use exterior satin latex paint, a highly durable and weather-resistant option commonly used for exterior surfaces like houses. This paint type is known for its longevity and ability to withstand outdoor elements, making it an ideal choice for this public art project. b. Color Palette Our color palette will consist of high-quality, fade-resistant pigments to ensure that the mural retains its vibrancy over time. The paint will be applied in multiple layers to enhance its durability and resistance to fading. CEILING SIDE SIDE ATTACHMENT #10 Page 6 of 9 I. IntroductionWe propose to create a captivating mural inside the Center Street Greeneway Tunnel located in North Augusta, as a part of our commitment to enhancing the cultural and visual appeal of our community. The project will utilize high-quality exterior satin latex paint, similar to house paint, to ensure durability and longevity.II. Artistic VisionA tribute to the Brickponds – our local haven of wildlife and greenery. This mural won't just be paint on a wall; it'll be a vibrant storybook of nature's wonders, filled with shapes and patterns inspired by the incredible flora and fauna that call the Brickponds home.Think of it as a snapshot of life in the Brickponds, a place where birds take flight, turtles leisurely swim, fish play hide and seek beneath the water, and trees and plants create a lush, tranquil backdrop. All of these elements will come together in a burst of colors and forms that will make you feel like you're right there in the heart of the Brickponds, experiencing its magic firsthand.This mural isn't just about art; it's about bringing our community closer to the beauty that surrounds us every day. It's an invitation to stop, look, and appreciate the natural wonders that enrich our lives. Through this mural, we hope to inspire a deeper connection with our environment and a shared sense of awe for the world around us.III. Materials and Paint SelectionTo ensure the longevity and weather-resistance of the mural, we have carefully selected the following materials:a. Paint TypeWe will use exterior satin latex paint, a highly durable and weather-resistant option commonly used for exterior surfaces like houses. This paint type is known for its longevity and ability to withstand outdoor elements, making it an ideal choice for this public art project.b. Color PaletteOur color palette will consist of high-quality, fade-resistant pigments to ensure that the mural retains its vibrancy over time. The paint will be applied in multiple layers to enhance its durability and resistance to fading. IV. Execution Plan The mural will be created by Jason Craig a local artist who specialize in large-scale outdoor art installations. The execution plan includes the following steps: 1. Surface Preparation: The tunnel walls will be thoroughly cleaned, deglossed, primed with a vapor seal and prepared to ensure optimal paint adhesion. 2. Artwork Creation: The mural will be meticulously painted by our skilled artists, following the approved design. 3. Finishing Touches: Upon completion, a clear weather-resistant sealant may be applied if needed to protect the mural from UV rays and other environmental factors. V. Maintenance Plan To ensure the mural's longevity and continued aesthetic appeal, we have developed a maintenance plan: 1. Immediate Post-Installation Maintenance (First 60 Days): During this period, our team will be responsible for any necessary touch-ups and maintenance. This includes repairing any minor damage, addressing graffiti promptly, and conducting visual inspections. 2. Ongoing Maintenance (After 60 Days): Responsibility for maintenance will transition to North Augusta Forward. They will be responsible for the following: a. Regular Visual Inspections: Conduct routine inspections of the mural to identify any issues such as fading, peeling, or graffiti. b. Graffiti Removal: Promptly remove any graffiti or vandalism from the mural surface to maintain its appearance. c. Annual Maintenance: Schedule annual maintenance, which may include cleaning, touch-ups, and resealing as needed to protect the mural from wear and tear. VI. Conclusion We believe that this mural will not only enhance the aesthetics of the tunnel but also serve as a source of pride for our community. With the use of high-quality materials and a comprehensive maintenance plan, we are confident that this public art project will stand the test of time and continue to be a cherished part of our city's landscape. We look forward to collaborating with North Augusta Forward and other stakeholders to bring this exciting project to fruition. ATTACHMENT #10 Page 7 of 9 I. IntroductionWe propose to create a captivating mural inside the Center Street Greeneway Tunnel located in North Augusta, as a part of our commitment to enhancing the cultural and visual appeal of our community. The project will utilize high-quality exterior satin latex paint, similar to house paint, to ensure durability and longevity.II. Artistic VisionA tribute to the Brickponds – our local haven of wildlife and greenery. This mural won't just be paint on a wall; it'll be a vibrant storybook of nature's wonders, filled with shapes and patterns inspired by the incredible flora and fauna that call the Brickponds home.Think of it as a snapshot of life in the Brickponds, a place where birds take flight, turtles leisurely swim, fish play hide and seek beneath the water, and trees and plants create a lush, tranquil backdrop. All of these elements will come together in a burst of colors and forms that will make you feel like you're right there in the heart of the Brickponds, experiencing its magic firsthand.This mural isn't just about art; it's about bringing our community closer to the beauty that surrounds us every day. It's an invitation to stop, look, and appreciate the natural wonders that enrich our lives. Through this mural, we hope to inspire a deeper connection with our environment and a shared sense of awe for the world around us.III. Materials and Paint SelectionTo ensure the longevity and weather-resistance of the mural, we have carefully selected the following materials:a. Paint TypeWe will use exterior satin latex paint, a highly durable and weather-resistant option commonly used for exterior surfaces like houses. This paint type is known for its longevity and ability to withstand outdoor elements, making it an ideal choice for this public art project.b. Color PaletteOur color palette will consist of high-quality, fade-resistant pigments to ensure that the mural retains its vibrancy over time. The paint will be applied in multiple layers to enhance its durability and resistance to fading.IV. Execution PlanThe mural will be created by Jason Craig a local artist who specialize in large-scale outdoor art installations. The execution plan includes the following steps:1. Surface Preparation: The tunnel walls will be thoroughly cleaned, deglossed, primed with a vapor seal and prepared to ensure optimal paint adhesion.2. Artwork Creation: The mural will be meticulously painted by our skilled artists, following the approved design.3. Finishing Touches: Upon completion, a clear weather-resistant sealant may be applied if needed to protect the mural from UV rays and other environmental factors. V. Maintenance Plan To ensure the mural's longevity and continued aesthetic appeal, we have developed a maintenance plan: 1. Immediate Post-Installation Maintenance (First 60 Days): During this period, our team will be responsible for any necessary touch-ups and maintenance. This includes repairing any minor damage, addressing graffiti promptly, and conducting visual inspections. 2. Ongoing Maintenance (After 60 Days): Responsibility for maintenance will transition to North Augusta Forward. They will be responsible for the following: a. Regular Visual Inspections: Conduct routine inspections of the mural to identify any issues such as fading, peeling, or graffiti. b. Graffiti Removal: Promptly remove any graffiti or vandalism from the mural surface to maintain its appearance. c. Annual Maintenance: Schedule annual maintenance, which may include cleaning, touch-ups, and resealing as needed to protect the mural from wear and tear. VI. Conclusion We believe that this mural will not only enhance the aesthetics of the tunnel but also serve as a source of pride for our community. With the use of high-quality materials and a comprehensive maintenance plan, we are confident that this public art project will stand the test of time and continue to be a cherished part of our city's landscape. We look forward to collaborating with North Augusta Forward and other stakeholders to bring this exciting project to fruition. ATTACHMENT #10 Page 8 of 9 About the Artist Jason Craig, a creative hailing from North Augusta since 1998, has become a prominent figure in the world of art and graphic design. His contributions to organizations such as the Greater Augusta Arts Council, Westobou, and ArtZilla have left an indelible mark on the cultural landscape. In 2018, Jason was honored as the first recipient of the prestigious Kath Girdler Engler Award for Public Art, showcasing his exceptional talent in transforming public spaces and building community. With a portfolio boasting collaborations with notable entities like the Atlanta Braves, Nike, and HBO, Jason's innovative branding designs have garnered widespread acclaim. Currently residing in Riverside Village with his wife Veronica, Jason continues to push the boundaries of creativity, serving as a visionary artist and designer in the industry. Contact: jason@jasonthe29th.com or 762-218-0069 See more of Jason’s work on Instagram at www.instagram.com/jasonthe29th ATTACHMENT #10 Page 9 of 9