020524 Council Mtg Mins Adopted
Page 1 of 4
MINUTES OF FEBRUARY 5, 2024
Briton S. Williams, Mayor
Jenafer F. McCauley, Councilmember – Mayor Pro Tem
David B. Buck, Councilmember
Pat C. Carpenter, Councilmember
David W. McGhee, Councilmember
Eric H. Presnell, Councilmember
Kevin W. Toole, Councilmember
ORDER OF BUSINESS
The Public Power Hour was streamed for public viewing online at: “City of North Augusta – Public
Information” on www.Facebook.com and “City of North Augusta Public Information” on
www.YouTube.com.
PUBLIC POWER HOUR
The February 5, 2024 Public Power Hour began at 5:33pm. Members present were Mayor Williams,
Councilmembers Buck, McCauley, McGhee, Presnell, and Toole.
Member absent was Councilmember Carpenter.
Also, in attendance were Ricky Jones, Manager of Information Technology and Jamie Paul, City Clerk.
1. No speakers
For more details see the following link for Public Power Hour:
https://www.northaugustasc.gov/government/mayor-city-council/mayor/public-power-hour
The Public Power Hour concluded at 5:45 pm.
Page 2 of 4
REGULAR MEETING
The Regular meeting of the City Council of the City of North Augusta of February 5, 2024 having been
duly publicized was called to order by Mayor Williams at 6:00pm and also streamed online for public
viewing at “City of North Augusta – Public Information” on www.Facebook.com and on the “City of North
Augusta Public Information” on www.YouTube.com. Per Section 30-4-80, (e) notice of the meeting by
email was sent out to the current maintained “Agenda Mailout” list consisting of news media outlets and
individuals or companies requesting notification. Notice of the meeting was also posted on the outside
doors of the Municipal Center, the main bulletin board of the Municipal Center located on the first floor,
and the City of North Augusta website.
Mayor Williams rendered the invocation and the Pledge of Allegiance.
Members present were Mayor Williams, Councilmembers Buck, Carpenter (arrived at 6:02pm), McCauley,
McGhee, Presnell, and Toole.
Also, in attendance were James S. Clifford, City Administrator; J.D. McCauley, Assistant City Administrator;
Kelly F. Zier, City Attorney; Chief Junior Johnson, Director of Public Safety; Tommy Paradise, Director of
Planning and Development; Ricky Jones, Manager of Information Technology; and Jamie Paul, City Clerk.
ITEM 4. APPROVAL OF MINUTES:
The minutes of the City Council Meeting of January 22, 2024 and Study Session of January 29, 2024, were
approved as submitted by general consent.
OLD BUSINESS
ITEM 5. PLANNING AND DEVELOPMENT: Ordinance No. 2024-02 – To Abandon a Portion of a Storm
Sewer Easement Located in Green Forest Commons Subdivision – Second Reading
No public comment.
It was moved by Councilmember McCauley, seconded by Councilmember Presnell, to approve Ordinance
No. 2024-02 – To Abandon a Portion of a Storm Sewer Easement Located in Green Forest Commons
Subdivision – Second Reading. Unanimously Approved. (See Attachment #5)
NEW BUSINESS
ITEM 6. PLANNING & DEVELOPMENT: Impact Fee Study Overview – by TischlerBise, Inc.; Receipt of
Information
Director of Planning & Development Paradise introduced Carson Bise, President of TischlerBise, Inc.
Mr. Bise presented an overview on the Impact Fee Study. (See Attachment #6)
Discussion ensued relative to fees, affordable housing, future implementation of a capital improvement
plan, and next steps.
Page 3 of 4
ITEM 7. CITY COUNCIL: Revised City of North Augusta City Council Meeting Schedule and Notice for
January 2024 through December 2024
No public comment.
Administrator Clifford clarified that the revised City Council meeting schedule has added a meeting for
April 15 which is falls after Masters Week and pointed out that there will be no Study Session the week
prior.
Council concurred on the revised meeting schedule. Mayor Williams stated that the revised schedule will
be in the Augusta Chronicle on Wednesday, February 7. (See Attachment #7)
ITEM 8. PLANNING & 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 – First Reading
No public comment.
Administrator Clifford reviewed the history of the Master Development Agreement (MDA) for North
Augusta Riverside Village and clarified that this third amendment is for a 60-day extension of the MDA.
He further explained the extension to provide time for staff and the developer for the long-term MDA
where SouthCity will be more involved in.
It was moved by Councilmember McCauley, seconded by Councilmember McGhee, to approve 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 – First Reading. Unanimously Approved.
(See Attachment #8)
ITEM 9. PUBLIC SAFETY: Ordinance No. 2024-04 – Granting an Easement to Dominion Energy South
Carolina, Inc. for Placement of Facilities to Serve Public Safety Headquarters – First Reading
No public comment.
Administrator Clifford stated this ordinance is similar to the one for Fire station 1 granting Dominion
Energy an easement and staff recommends approval.
It was moved by Councilmember Buck, seconded by Councilmember Carpenter, to approve Ordinance No.
2024-04 – Granting an Easement to Dominion Energy South Carolina, Inc. for Placement of Facilities to
Serve Public Safety Headquarters – First Reading. Unanimously Approved. (See Attachment #9)
ITEM 10. ENGINEERING & PUBLIC WORKS: Resolution No. 2024-06 Authorizing the City to Accept
Quitclaim Deeds from the South Carolina Department of Transportation (SCDOT) for Roads S-186 (Part),
S-717 and S-634
No public comment.
Administrator Clifford stated that the deeds are related to the Bluff Avenue and Greeneway connector
and that SCDOT requires the City to take part of the roads from SCDOT.
ORDINANCE NO. 2024-02
TO ABANDON A PORTION OF A STORM SEWER EASEMENT
LOCATED IN GREEN FOREST COMMONS SUBDIVISION
WHEREAS, by Resolution 2001-14, the City accepted a Deed of Dedication for
certain improvements, including the storm drainage system and associated easements for Green
Forest at Knollwood Subdivision; and
WHEREAS, a portion of the storm drainage system crossed other lands of the
developer, identified as parcel #005-19-06-005; and
WHEREAS, the development plan (preliminary plat) for the Green Forest
Commons subdivision proposed that a portion of the drainage & utility easement be abandoned so
that lots could be subdivided over the easement; and
WHEREAS, a replacement storm sewer line was installed in a new easement to be
dedicated to the city and the plat of record for the Green Forest Commons, subdivision designated
that the portion of the preexisting drainage & utility easement was to be abandoned; and
WHEREAS, City Council has determined that this easement is not required for the
public’s use or convenience and the public interest would best be served by abandoning said
section of the easement.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council for the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority of same,
that:
I. The portion of drainage & utility easement located on Lots 5 and 6 in Green Forest
Commons and shown on the final plat recorded in the Aiken County RMC Office,
Plat Book 65, page 503, attached hereto as Exhibit A, is hereby abandoned.
II. All ordinances or parts of ordinance in conflict herewith are, to the extent of such
conflict, hereby repealed.
III. This ordinance shall become effective immediately upon its adoption on second
and final reading.
ATTACHMENT #5 Page 1 of 3
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF
FEBRUARY 2024.
First Reading
____________________________
Second Reading Briton S. Williams, Mayor
ATTEST:
____________________________
Jamie Paul, City Clerk
ATTACHMENT #5 Page 2 of 3
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Impact Fee Study Overview
City Council Briefing
February 5, 2024
ATTACHMENT #6 Page 1 of 13
2TischlerBise | www.tischlerbise.com
o Impact fees/infrastructure
financing strategies
o Fiscal/economic impact analyses
o Capital improvement planning
o Infrastructure finance/revenue
enhancement
o Real estate and market feasibility
Aiken County Anderson
County
Anderson
School Dist. 1
Beaufort
County
Beaufort Co.
Schools Clemson
Clinton Clover Schools Georgetown
County
Fort Mills
Schools
Georgetown
County Horry County
Inman Lancaster Lancaster
County
Lancaster Co.
Schools Tega Cay Summerville
York County Easley Greer
Chester
County
Schools
York School
District 1
Lexington
County
Woodruff Jasper County
ATTACHMENT #6 Page 2 of 13
Impact Fee Fundamentals
3TischlerBise | www.tischlerbise.com
o One-time payment for growth-related infrastructure,
usually collected at the time buildings permits are
issued
o Can’t be used for operations, maintenance, or
replacement
o Not a tax but more like a contractual arrangement to
build infrastructure, with three requirements
o Need (system improvements, not project-level
improvements)
o Benefit
o Short range expenditures
o Geographic service areas and/or benefit districts
o Proportionate
ATTACHMENT #6 Page 3 of 13
Common Impact Fee Methods
4TischlerBise | www.tischlerbise.com
o Cost Recovery (past)
o Oversized and unique facilities
o Funds typically used for debt service
o Incremental Expansion (present)
o Formula-based approach documents level of service with
both quantitative and qualitative measures
o Plan-Based (future)
o Common for utilities but can also be used for other public
facilities with non-impact fee funding
ATTACHMENT #6 Page 4 of 13
Impact Fees in South Carolina
5TischlerBise | www.tischlerbise.com
o Impact fee revenue must be maintained in an interest
bearing account
o Monies must be spent within 3 years of scheduled date for
construction in the CIP
o Must publish an Annual Monitoring Report
o All maximum allowable fee changes require an updated
study
o Requires an analysis that estimates the effect of imposing
updated impact fees on affordable housing in the County
ATTACHMENT #6 Page 5 of 13
Evaluate Need for Credits
6TischlerBise | www.tischlerbise.com
o Site specific
o Developer constructs a capital facility included in fee
calculations
o Debt service
o Avoid double payment due to existing or future bonds
o Dedicated revenues
o e.g., property tax, local option sales tax, gas tax
ATTACHMENT #6 Page 6 of 13
Why Impact Fees?
7TischlerBise | www.tischlerbise.com
o Infrastructure capacity is essential to accommodate
new development
o New growth pays its equitable share
o Encourages disciplined capital improvement planning
o Earmarks money for capital improvements
o Promotes comprehensive planning and growth
management
o Helps ensure adequate public facilities
o Compared to negotiated agreements, streamlines
approval process with known costs (predictability)
o Anti-growth pressure can be eased
ATTACHMENT #6 Page 7 of 13
8TischlerBise | www.tischlerbise.com
o Impact fees cover the entire cost of new facilities,
negating the need for higher taxes
o A “properly” designed fee may come close
o Credits
o How about the O&M costs?
o Impact fees should be based on planning standards,
without concern for deficiencies
o Nonresidential fees can be “adjusted” for economic
reasons
o All developers/builders hate impact fees
Myths and Misconceptions
ATTACHMENT #6 Page 8 of 13
9TischlerBise | www.tischlerbise.com
o Impact fees negatively affect low/moderate income
housing
o Credits for affordable housing can mitigate impact
o Fee not always passed-on in the price of the home; studies
have shown that fees are often absorbed by others in the
“food chain” depending on market conditions:
o Land owner
o Developer
o Homebuilder
o Homeowner
o Impact fee study includes affordability housing analysis
Myths and Misconceptions
ATTACHMENT #6 Page 9 of 13
10TischlerBise | www.tischlerbise.com
o Fee categories
o Transportation
o Stormwater
o Water
o Wastewater
North Augusta Impact Fee Study
ATTACHMENT #6 Page 10 of 13
Process
11TischlerBise | www.tischlerbise.com
o Determine existing development base and project future
growth
o Determine existing levels of service and capital needs
due to new growth
o Evaluate methodological alternatives
o Evaluate need for credits
o Calculate fees
o Evaluate impact on affordable housing
o Stakeholder outreach
o Meeting with Planning Commission
o Adoption process
ATTACHMENT #6 Page 11 of 13
12TischlerBise | www.tischlerbise.com
o Determine levels of service and growth-related
infrastructure demand
o Complete Capital Improvement Plan
o Complete housing affordability analysis
o Prepare fee study report
o Present to Planning Commission
Next Steps
ATTACHMENT #6 Page 12 of 13
Questions & Answers
TischlerBise | www.tischlerbise.com 13
ATTACHMENT #6 Page 13 of 13
Page 1 of 2
City of North Augusta City Council
PUBLIC NOTICE
REVISED Meeting Schedule and Notice
January 2024 through December 2024
(Revised: February 5, 2024)
__________________________________________________________
Pursuant to the South Carolina Code of Laws §30-4-80(a), notice is hereby given to the members of the North Augusta City
Council and to the general public that the North Augusta City Council will hold meetings open to the public on the following
dates and times. A copy of the agenda for each meeting will be available at least 24 hours in advance in the City Clerk’s Office,
at 100 Georgia Avenue, North Augusta, South Carolina. A notice of each meeting will be sent by email to the current maintained
“Agenda Mail Out” list consisting of news media outlets and individuals or companies requesting notification. Notice of the
meetings will also be posted by the outside doors of the Municipal Center, on the main bulletin board located on the first floor of
the Municipal Center, and on the website at www.northaugustasc.gov/government/council-meetings-agendas. For questions or
further information, please contact the City Clerk at (803) 441-4202 or email to jpaul@northaugustasc.gov.
Unless otherwise noted, regular City Council meetings listed below are to be held the first and third Mondays of each month on
the third floor of the Municipal Center at 100 Georgia Avenue, North Augusta, South Carolina.
January 2024
01 (No meeting will be held in observance of New Year’s Day)
08 Study Session at 6:00 pm
15 (No meeting will be held in observance of Martin Luther King, Jr. Day)
22 Public Power Hour at 5:30 pm and Special Called Council Meeting at 6:00 pm
29 Study Session at 6:00 pm
February 2024
05 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
19 (No meeting will be held in observance of Presidents’ Day)
26 Study Session at 6:00 pm
March 2024
04 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
11 Study Session at 6:00 pm
18 Council Meeting at 6:00 pm
25 Study Session at 6:00 pm
April 2024
01 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
08 (No meeting will be held due to Masters Golf Tournament)
15 Council Meeting at 6:00pm
29 Study Session at 6:00 pm
May 2024
06 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
13 Study Session at 6:00 pm
20 Council Meeting at 6:00 pm
27 (No meeting will be held in observance of Memorial Day)
28 Special Called Study Session at 6:00 pm
ATTACHMENT #7 Page 1 of 2
Page 2 of 2
June 2024
03 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
10 Study Session at 6:00 pm
17 Council Meeting at 6:00 pm
24 Study Session at 6:00 pm
July 2024
01 Public Power Hour at 5:30 pm Council Meeting at 6:00 pm
08 Study Session at 6:00 pm
15 Council Meeting at 6:00 pm
29 Study Session at 6:00 pm
August 2024
05 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
12 Study Session at 6:00 pm
19 Council Meeting at 6:00 pm
September 2024
02 (No meeting will be held in observance of the Labor Day)
09 Study Session at 6:00 pm
16 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
30 Study Session at 6:00 pm
October 2024
07 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
14 Study Session at 6:00 pm
21 Council Meeting at 6:00 pm
28 Study Session at 6:00 pm
November 2024
04 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
11 (No meeting will be held in observance of the Veterans Day)
25 Study Session at 6:00 pm
December 2024
02 Public Power Hour at 5:30 pm and Council Meeting at 6:00 pm
09 Study Session at 6:00 pm
16 Council Meeting at 6:00 pm
Please note: Meeting dates and times are subject to change. Special Called Meeting notices will be given in the
same manner as regular meetings. To verify meeting dates and times, contact the City Clerk’s Office at (803) 441-
4202 or visit www.northaugustasc.gov/government/council-meetings-agendas.
ATTACHMENT #7 Page 2 of 2
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 #8 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 #8 Page 2 of 20
Exhibit A
Form of Third Amendment to Master Development Agreement
ATTACHMENT #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #8 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 #9 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 #9 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 #9 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 #9 Page 4 of 5
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ATTACHMENT #9 Page 5 of 5
RESOLUTION NUMBER 2024-06
AUTHORIZING THE CITY TO ACCEPT QUITCLAIM DEEDS FROM THE SOUTH
CAROLINA DEPARTMENT OF TRANSPORTATION (SCDOT) FOR
ROADS S-186 (PART), S-717 AND S-634
WHEREAS, Section 57-5-80 of the South Carolina Code of Laws, 1976, as
amended, permits SCDOT to transfer ownership of any road in the state highway secondary
system determined to be of low traffic importance to a municipality if mutual consent is
reached between SCDOT and the municipality; and,
WHEREAS, to facilitate the construction of the Bluff Avenue Streetscape project, it was
necessary to request the transfer of various roadways, described as S-186 (Bluff Avenue), S-717
(West Terrace), and S-634 (Cumberland Avenue), from the state secondary system to the City of
North Augusta (City); and,
WHEREAS, on December 9, 2021, the SC Highway Commission approved the City’s
request; and,
WHEREAS, pursuant to Section 57-5-340, Code of Laws of South Carolina, as amended,
the SCDOT has furnished quitclaim deeds for the described roadways; and,
WHEREAS, the Mayor and Council have determined that it would be in the best interest
of the City of North Augusta to accept title to said properties.
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:
1. That the City accepts the deed from the South Carolina Department of Transportation for
the Road S-186 (f/k/a/ Road S-361) (Bluff Avenue), approximately 0.3 mile of road right
of way, and all improvements thereon.
2. That the City accepts the deed from the South Carolina Department of Transportation for
Road S-634 (Cumberland Ave), approximately 0.05 mile of road right of way, and all
improvements thereon, and Road S-717 (West Terrace), approximately 0.14 mile road
right of way, and all improvements thereon.
3. That the recording of said deeds in the RMC Office for Aiken County is hereby authorized.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF FEBRUARY,
2024.
Briton S. Williams, Mayor
ATTEST:
Jamie Paul, City Clerk
ATTACHMENT #10 Page 1 of 11
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ATTACHMENT #10 Page 11 of 11
Notice of Assembly of Members of City Council
for Retreat Workshop
Date: February 21, 2024
Location: Lexington, SC
General Information
On Wednesday, February 21, 2024, the Mayor, City Council, and staff will be traveling to
Lexington, SC. The purpose of this workshop will be to discuss potential CPST V projects,
to update the CPST IV spend plan, and provide an update on tourism efforts. This
workshop is being held off site/out of the City to have Mayor, Council, and staff together
for discussion with minimal distractions. Council will also tour downtown Lexington to
learn what they have done to revitalize their downtown.
Since a quorum of Council members will be present in Lexington, this will constitute a
“meeting” as identified by the Freedom of Information Act. However, there will be no
votes or formal action by the Council during their presence in Lexington. This will be an
open meeting and the Public may attend.
Location for Assembly in Lexington
The Mayor, Council members, and staff will be assembling at the Town of Lexington, 111
Maiden Ln, Lexington, SC. It is anticipated that the parties should arrive at approximately
9:00 am and return to North Augusta by approximately 6:00 pm.
ADDITIONAL INFORMATION
Any individual or media member desiring additional information related to this gathering
by the Council should contact City Administrator, James S. Clifford.
ATTACHMENT #12B Page 1 of 1