authorizing the county administrator to ......15, 2016 at the conference room of turner electrical,...

RESOLUTION NO. 2017 I 27

A RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 2016/8 AND AUTHORIZING THE COUNTY ADMINISTRATOR TO ACCEPT FROM PLANTATION BUSINESS PARK OWNERS' ASSOCIATION INC., BUSINESS PARK WAY AND A PORTION OF PLANTATION PARK DRIVE, INTO COUNTY ROAD SYSTEM INCLUDING STORMWATER DRAINAGE INFRASTRUCTURE WITHIN THE DEDICATED RIGHTS OF WAY.

WHEREAS, County Council adopted Resolution 2016/8 authorizing the County Administrator to accept Business Park Way and that portion of the Plantation Park Drive which is owned by Plantation Park Business Owners' Association Inc. and only the road, but not any stormwater drainage infrastructure or fixtures which adjoin or abut the road which is owned by the Association and which is identified by TMS number (TMS No: R610 031 000 0135 0000); and

WHEREAS, U.S. Highway 278 is a heavily traveled main thoroughfare in southern Beaufort County consisting of six plus lanes at various points which are used for both commercial and personal travel; and

WHEREAS, in an effort to reduce the amount of traffic on U.S. Highway 278, to alleviate congestion and to improve safety on this and other highways, Beaufort County has encouraged, and invested in, the development, design and construction of a network of frontage roads which run adjacent to heavily traveled highways and thoroughfares and which allow motorist who are traveling to and from local business to use these networks of roads rather than the highways and main thoroughfares; and

WHEREAS, Plantation Business Park is a commercial center in the Town of Bluffton which is located adjacent to U.S. Highway 278 and which consists of a variety of businesses and offices which are joined by a network of private and County owned roads all of which make access to and from businesses and offices convenient and help motorists avoid the use of U.S. Highway 278; and

WHEREAS, Business Park Way and Plantation Park Drive (TMS No: R610 031 000 0135 0000) are frontage roads which run perpendicular to and parallel with U.S. Highway 278, respectively; Business Park Way is owned by Plantation Business Park Property Owners' Association Inc. ("the Association"); part of Plantation Park Drive is owned by Beaufort County

and part of it is owned by the Association; and

WHEREAS, the Association desires to convey to Beaufort County its interest m Business Park Way and Plantation Park Drive (collectively "the road" or "roadway"); and

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WHEREAS, Beaufort County commissioned a forensic engineering study of storm water drainage infrastructure and fixtures which exist on, and abut, the road which the Association owns; and

WHEREAS, the study determined that significant maintenance issues exist with the stormwater drainage infrastructure and fixtures which abut, and are adjacent to, the road which the Association owns; as a result of the study and other factors, Beaufort County agrees to accept into the County's road system Business Park Way and that portion of Plantation Park Drive which the Association owns; Beaufort County accepts ownership of stormwater drainage infrastructure or fixtures directly underneath the road including roadside pipe and catch basins shown on Exhibit A incorporated herein by reference; and Beaufort County accepts responsibility for repairing, replacing or maintaining any stormwater drainage infrastructure or fixtures which exists within the footprint of Business Park Way and that portion of Plantation Park Drive which by this resolution is adopted into the public County road system; and

WHEREAS, separating the roadway from the stormwater drainage is not feasible due to the existing stormwater pipes and catch basins located under the road; and

WHEREAS, the stormwater infrastructure under the roads being adopted pursuant to this Resolution carry stormwater from the road to the private stormwater system owned by the Plantation Business Park Owners' Association Inc; and

WHEREAS, the Plantation Business Park Owners' Association Inc. agrees to continue to accept, carry, store, and treat stormwater drainage coming from the roads and leaving the catch basins under the roads being adopted into the County Public Road system, pursuant to this Resolution and to perpetually provide for the stormwater management of water leaving Business Park Way and Plantation Park Drive.

WHEREAS, the Public Facilities Committee met May 15, 2017 and recommends that Council accept the dedication of Business Park Way and Plantation Park Drive including responsibility for stormwater infrastructure located within the roadway, and make a one-time TWENTY-FIVE THOUSAND DOLLARS and 00/cents ($25,000.00) to the Plantation Business Park Owners' Association Inc. with the expectation that the expenditure be used for a reserve fund, available for future private stormwater infrastructure maintenance and repairs as needed for stormwater drainage from the roadways hereby adopted; and

WHEREAS, the County Council recognizes the uniqueness of the roadway in that these roadways are part of a frontage road which provides an alternative route for traffic traveling parallel to U.S. Highway 278 and is currently under private ownership; and

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WHEREAS, County Council desires to resolve the issues of ownership and maintenance of the roads providing a connection for the valuable frontage road alleviating heavy traffic along U.S. Highway 278 while at the same time putting in place an agreement regarding the drainage, storage and treatment of stormwater coming from Business Park Way and Plantation Park Drive.

WHEREAS, the County Administrator is authorized to pursue matching funding in the amount of TWENTY -FIVE THOUSAND DOLLARS and 00/cents ($25,000.00) from the Town of Bluffton.

NOW THEREFORE, BE IT RESOLVED, that the County Council of Beaufort County hereby adopts this resolution as follows:

Section 1. The above recitals are true and correct and incorporated into this Resolution herein by reference.

Section 2. The County Administrator is authorized to accept dedication of Plantation Park Drive and Business Park Way identified by TMS number (TMS No: R610 031 000 0135 0000) into the County road system, including dedication of public stormwater infrastructure existing under the dedicated right of way as shown on the attached Exhibit A.

Section 3. The County Administrator is authorized to execute a Memorandum of Understanding regarding the existing stormwater infrastructure under the road such that the County is responsible only for stormwater infrastructure located directly under the intended right ofway, as shown on the attached Exhibit A. The Plantation Business Park Owners' Association, Inc. shall be responsible for stormwater and the maintenance of its private stormwater infrastructure once storm water leaves the area of the accepted roadways.

Section 4. Resolution 2016/8 adopted May 23, 2016 is hereby rescinded in its entirety and Resolution 2017/_ is substituted in its place.

Section 5. The County Administrator is authorized for the expenditure of TWENTYFIVE THOUSAND DOLLARS and 00/cents ($25,000.00) payable to the Plantation Business Park Owners' Association Inc. with the understanding that the funds be used to establish a reserve fund for the maintenance and repair of their private stormwater drainage systems and that both parties pursue matching funds from the Town of Bluffton.

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ADOPTED this 13th day ofNovember, 201 7.

APPROVED AS TO FORM:

~J.,L~~·-Thomas J. Keaveny, II, Esquire Beaufort County Attorney

ATTEST: /'

As

COUNTY COUNCIL OF BEAUFORT COUNTY

By: -------------------------------D. Paul Sommerville, Chairman

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llllllllllllllllllllllllllllllllllflllll BEAUFORT COUNTY SC - ROD BK 36~~ Pss 2621-2628 riLE NUM 2018008640 02/16/2018 10:35:29 AM REC'D BY rbing RCPTe 880629 RECORDING FEES SO.OO

(Please do not write above this line - Reserved for Register of Deeds Office)

Prepared by: Howell Gibson and Hughes PA Post Office Box 40 Beaufort, SC 29901 -0040

Prepared without the benefit of title examination

STATE OF SOUTH CAROLINA ) )

COUNTY OF BEAUFORT ) QUIT-CLAIM DEED

TO ALL WHOM THESE PRESENTS MAY COME:

WHEREAS: SEND GREETING:

NOW, KNOW ALL MEN BY THESE PRESENTS, that the said

PLANTATION BUSINESS PARK PROPERTY OWNERS' ASSOCIATION, INC.

("Grantor"), in consideration of the premises and also in consideration of the

sum of TEN AND N0/1 00 ($10.00) DOLLARS, to it in hand paid at and before

the sealing of these presents by said BEAUFORT COUNTY ("Grantee"), P.O

Box 1228, Beaufort, South Carolina 29901 , in the state aforesaid, the receipt

whereof is hereby acknowledged, have remised , released and forever quit-

claimed, and by these presents do remise, release and forever quit-claim unto

the said BEAUFORT COUNTY, its successors and assigns forever, all its right

title and interest in the following described real property:

SEE ATTACHED PROPERTY DESCRIPTION

TOGETHER with all and singular the rights, members, hereditaments and

appurtenance to the said premises belonging or in anywise incident or

appertaining;

TO HAVE AND TO HOLD all and singular the said premises before

mentioned unto the said BEAUFORT COUNTY, its successors and assigns,

forever--- so that neither the said PLANTATION BUSINESS PARK PROPERTY

OWNERS' ASSOCIATION, INC. , its successors and assigns, nor any other

entity, person or persons claiming under them, shall at any time hereafter, by any

way of means, have, claim or demand any right or title to the aforesaid premises

or appurtenances, or any part or parcel thereof, forever.

a~~ u· WITNESS our hands and seals this _ 1S_ - day of .bo. ·~ \

' 2018.

Signed, Sealed and Delivered in the ~ esence of

Plantation Business Park POA, Inc.

Print Name: Title: {//( / Jtf

Witness

STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT

COUNTY OF BEAUFORT )

I, e1n"\\o~! S . ff)~e%e , do hereby certify that ill '~<\~.\ :S . \ u('N-! , a dul authorized representative of Plantation

Business Park POA, Inc. , personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

0~~ ,-Witness my hand and official seal this _t~_-_ day of ~~ \o\.'"' £t"~ , 2018

C2_~ Notary Public of South Carolina My commission expires:

EXHIBIT A PROPERTY DESCRIPTION

All that certain piece, parcel or lot of land, located in Beaufort County, South Carolina as identified as Plantation Park Drive, 50' RNV and Business Park Way, 50 RNV/ on that certain Plat entitled "Plantation Business Park" prepared by Octavio Arango, SCRLS # 12066, said Plat being recorded in the Office of the Register of Deeds for Beaufort County, South Carolina in Plat Book 61 at Page 83.

DMP: R610 031 000 0135 0000

This document was prepared by the Law Firm of Howell , Gibson & Hughes, P.A. , P.O. Box 40, Beaufort, South Carolina, without the benefit of a title examination or certifications.

PLANTATION BUSINESS PARK

PROPERTY OWNERS ASSOCIATION ANNUAL MEETING

Friday, December 16,2017

CALL TO ORDER

The Plantation Business Park annual meeting was called to order at 10:09 a.m. on Thursday, December 15, 2016 at the conference room of Turner Electrical, 41 Plantation Drive, Suite 200. Members were present representing 6 lots and 7 lots were represented by proxy for a total of 68.42% representation.

Mr. Michael Hawanczak represented Diamond Management, Inc.

ROLL CALL

A motion was made and seconded to dispense with the Roll Call. All voted in favor.

PROOF OF NOTICE

A motion was made and seconded that proper notice of the meeting was given. Approved unanimously.

APPROVAL OF MEETING MINUTES

The minutes from the Annual Meeting held in 2016 was included in the agenda packet. A motion was made, seconded and approved unanimously to dispense with the reading of the minutes and approve them as written and mailed.

DISCUSSION ITEMS

A. Financial Review- Mr. Hawanczak presented the current financials and reviewed the balance sheet and income/expense statement. The balance sheet shows the current monetary holdings and delinquencies. The various budget categories were reviewed and explained. There is one delinquent owner that represents two lots with the 2017 fees still outstanding. Since there is one or two owners who are always late in paying fees. The members discussed instituting a late fee policy and provision if the governing documents allow. Various late fee policies and amounts were discussed. A motion was then made, pending document review, that a late fee of $100 per month be instituted fo r all those accounts one month past due. Annual dues are assessed and sent out in the first week of

January and are due by the end of the month, January 31st. Therefore, any account that has an outstanding balance as of the last day of February will incur the $100 late fee and every month thereafter as long as there is an outstanding balance on their account. The motion was seconded and passed unanimously.

B. 2018 Budget- Mr. Hawanczak presented the 2018 budget which keeps the fees at current levels. Current contracts and services are always reviewed for any potential future cost savings.

C. Road and Drainage- Mr. Hawanczak and Mr. Mike Turner, President of the Association, once again gave a brief history of the situation with the road that has been ongoing for the past several years. When a sinkhole developed in a section of the drain lines running from the roadside culverts, the Association contacted the County to make repairs. It was then discovered that the County did not own the road as it was never officially turned over to them by recorded deed. While both the Association and the County believed this has happened, the County did not want to take possession now due to the drainage issues. The past four years of negotiating was discussed. Mr. Turner and Hawanczak have attended numerous meetings with County officials and attended several County Council meetings in an effort to resolve this situation. The County had proposed a settlement that involves them taking ownership of the road and the portion of the drainage system under the road, with PBP retaining ownership of the all the drain lines and pipes that run from the road through the individual lots to the various drainage systems, lagoons and culverts. In addition, the County will provide and stake a repair fund in the amount of $25,000 to Plantation Business Park for the portions of the drainage system that is being retained. Since the Association is within the boundaries of the Town of Bluffton, the County will also try to get them to participate and contribute an additional $25,000. The Association and especially, Mr. Mike Turner, has been communicating with the County and County officials pushing for the transference and conclusion ofthis issue. Mr. Turner reported that he has had a conversation with the PBP County Councilman, Tabor Vaux, who reported that in the last County Council meeting, a motion was passed for the County to take the ownership of the road and provide the Association with $25,000. It now appears that the road issue with the County is coming to a conclusion. The County also expressed their willingness to keep negotiating with the Town of Bluffton to push for a matching $25,000 maintenance contribution.

The members were in favor of the current County offer and would like to conclude the road ownership issue as soon as possible. Motion was made, seconded and passed unanimously to accept the County offer of $25,000 and transfer road ownership. Once the deed to the road has been transferred, the Association would like to establish some standards with the County/Town for the parking and off-loading of large trucks on the road as well as speed limit enforcement.

ELECTION OF DIRECTORS

There are three Board positions with one position coming up for renewal every year. All terms are for three years. The term of Mr. Mike Turner expires this year. No nominations were received prior to the meeting . A nomination was made to re-elect Mr. Turner for another term. The nomination was seconded. With no further nominations, Mr. Turner was unanimously elected. The Board of Directors for 2018 is Mr. Mike Turner (expiring 2020), Mr. Roger Clifford (expiring 2018) and Ms. Rachel Cram (expiring 2019).

OLD AND NEW BUSINESS

Other than items related to the road, there were no old or new business items brought forth .

ADJOURNMENT

There being no further business the meeting adjourned at 11:09 a.m.

President Date Approved

STATE OF SOUTH CAROLINA ) COUNTY OF BEAUFORT )

AFFIDAVIT

PESONALLY appeared before me the undersigned, who being du ly sworn , deposes and says:

1. I have read the information on this affidavit and I understand such information.

2. The property being transferred is known as:

3. Check one of the following: The deed is (a) subject to the deed record ing fee as a transfer for consideration paid or to be paid in money or money's worth .

(b) subject to the deed recording fee as a transfer between a corporation , a partnership, or other entity and a stockholder, partner, or owner of the entity, or is a transfer to a trust or as a distribution to a trust beneficiary.

(c)_X __ exempt from the deed recording fee because (see Information section of affidavit): 12-24-40(sub-section 2)

(If exempt, please skip items 4-7, and go to item 8 of this affidavit.)

4. Check one of the following if either item 3(a) or item 3(b) above has been checked (See Information section of this affidavit. ):

(a) The fee is computed on the consideration paid or to be paid in money or money's worth in the amount of ____ _

(b) The fee is computed on the fair market value of the realty which is ------------------------------

(c) The fee is computed on the fair market value of the realty as established for property tax purposes which is -----------------------------------------

5. Check Yes_ or No_ to the following: A lien or encumbrance existed on The land, tenement, or realty before the transfer and remained on the land, tenement, or realty after the transfer. If "Yes,"

6. The deed recording fee is computed as follows:

(a)Piace the amount listed in item 4 above here: _______ _

(b)Piace the amount listed in item 5 above here: ______ _ (If no amount is listed, place zero here.)

(c)Subtract Line 6 (b) from Line 6(a) and place result here: __ _

7. The deed recording fee due is based on the amount listed on Line 6(c) above and the deed recording fee due is: ____________ _

8. As required by Code Section 12-24-70, I state that I am a responsible Person who was connected with the transaction as: attorney for Beaufort County.

9. I understand that a person required to furnish this affidavit who willfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction , must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Attorney for Beaufort County

SWORN to before me this <3 ~ Day of "'1 ~ 2018.

~ Notary Public South Carolina My Commission Expir~s:

My Comm1ssion Expires March 3rd, 2027

0,/.~ ~\~-~ /W ~~· " 01) , State V south Carolina

County of Beaufort

) ) )

1111111111111111111111111111111111111111 BEAUFORT COUNTY SC - ROD BK 3644 Pgs 2629-2643 FILE NUM 2018008641 02/16/2018 10:35:29 AM

Permanent Stormwater Facil~"Ma~t@i\!:Mt-i~:PT~ 880629 R~:.c:MomG m~.-''' · ou and Responsibility Agreement · ·

Tax Map Nos.: R610 031 000 0202 0000 R610 031 000 0159 0000 R610 031 000 0153 0000 R610 031 000 0154 0000 R61003100001550000

~~ -r-This Agreement is entered into this L day of r .e. ~(I..)C.C'-1 , 20jjl, by and

between Plantation Business Park Property Owners' Association, Inc.: (hereinafter referred to as "Landowner' ' or "POA") and the County of Beaufort, political subdivision of the State of South Carolina (hereinafter referred to as "County").

WHEREAS, the Parties hereto have entered into a Memorandum of Understanding (MOU) dated the ~day of \="Q\w..>t CV\ , 2018; and

\

WHEREAS, the MOU provides that the POA will continue to provide for a storm water drainage system that includes volumes of storm water from portions of Plantation Park Drive and Business Park Way; and

WHEREAS, the MOU provides that the parties hereto shall enter into a Stormwater Facility Maintenance Agreement so as to provide for the perpetual maintenance of the storm water system on the Landowners' prope11ies; and

WHEREAS, it is the intention of the Parties that the Landowner's Storm Water Facility receive water from Plantation Park Drive and Business Park Way; and

WHEREAS, the Landowner shall maintain a storm water drainage facility, incorporating best management practices that will sufficiently accept storm water from the applicable portions of Plantation Park Drive and Business Park Way.

THEREFORE, it is agreed as follows:

Lapdowper Responsible for Stormwater Facmty;

The South Carolina Stormwater Management and Sediment Reduction Act of 1991 (§48-14-10, et. seq.) and Regulation 72-308 provide that a Landowner shall adequately establish and maintain stormwater management/Best Management Practices (BMP) facilities upon making certain improvements to the Landowner's property. This law applies to any individual, partnership, corporation or other entity, constructing a storm water facility. It also applies to all subsequent owners of the property. The obligation applies to the maintenance of all pipes, equipment, and channels built to convey storm water to a retention

Page 1 of 4

facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater on the property. (All fixtures and graded or excavated improvements for controlling stormwater are herein the "Facility"). Adequate maintenance is herein defined as keeping the Facility in good working condition so that the Facility is performing all of its design functions in accordance with the purposes for which it is designed.

Maintenance Requjred;

The Landowner, its successors and assigns, will perform the maintenance, repair, and replacement necessary to keep the Facility in good working order. In the event a maintenance schedule for the Facility (including sediment removal) is outlined on the approved plans, the schedule must be followed.

Inspection Required;

The Landowner, its successors and assigns, shall regularly and periodically inspect the Facility in its entirety. Records shall be kept to identify the dates and maintenance performed and shall be made available to the County at the County' s request. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover all parts of the Facility including, but not limited to, berms, outlet structures, pond areas, and access roads. The Landowner's failure to inspect shall be treated as a breach of this Agreement just as much as a failure to repair if repair is needed after inspection.

Access Permjtted;

The Landowner grants permission to the County, its authorized employees and agents, to enter upon the Property and to inspect the Facility whenever the County deems necessary. The purpose of inspection is to follow-up on reported or observed deficiencies, to respond to citizen complaints, or to make an inspection if a significant time has passed after the last inspection. The County shall provide the Landowner a copy of the inspection findings and a directive to commence with the repairs if necessary. In the case of multiple Landowners of a single property, notice to one shall suffice as notice to all.

No Duty on the Coupty;

This Agreement creates no affirmative duty on the County to inspect, and it imposes no liability of any kind whatsoever on the County for omissions in inspecting. The Landowner agrees to hold the County harmless from any liability in the event the Facility fails to operate properly due to the Landowner's failure to abide by the terms of this Agreement.

Landowner Covenants;

The Landowner accepts responsibility for ownership and proper maintenance of the stormwater system, including but not limited to pipes, the pond, swales, e tc. located on parcels # : R610 031 000 0202 000; R610 031 000 0159 0000; R610 031 000 0153 0000; R610 031 000 0154 0000; R610 031 000 0155; 0000 located in the Town of Bluffton, Beaufort County (see attached Site Map) Beaufort, South Carolina, per the approved maintenance plan. The specific BMPs on the property are listed below:

I) R610 031 000 0202 0000; Detention Pond; Inlet GI-7; Pipes GI-7/Pond End ____ _

2) R610 031 000 0159 0000; Pipe GI-7/GI-8 ____ ___________ _ Page 2 of 4

3) R610 031 000 0153 0000: Inlets JB-1, JB-2, FES; Pipes JB-1/FES, JB-1/JB-2, CI-5/JB-2_

4) R610 031 000 0154 0000: Inlet JB-2; Pipes CI-5/JB-2, JB-2/CI-3 ________ _

5) R610 031 000 0155 0000: Inlets JB-1, JB-2, FES; Pipes JB-1/FES, JB-1/JB-2, JB-2/CI-3_

POA will complete any necessary repairs and/or preventive maintenance procedures in a timely manner to ensure proper functioning as a stormwater management device(s).

POA understands that the maintenance plan may be amended or revised at any time by the County in order to address changed conditions or to address conditions not being effectively met by the Facility. Following the County' s sending notice; Landowner will abide by any prescribed changes.

This covenant to maintain the Facility shall run with the land. Landowner will continue to own and maintain the Facility until the County is notified in writing of a transfer in ownership and maintenance responsibility. The notification will include a date for the transfer of responsibility which will become effective upon the County's receipt of a letter of acceptance from the new owner. Notwithstanding the provision for a letter of acceptance, any new Landowner shall be responsible for all duties and obligations created by this Permanent Stormwater Facility and Maintenance Responsibility Agreement upon it being executed and filed in the Register of Deeds Office for Beaufort County.

POA understands that failure to adhere to the signed Maintenance Agreement may result in fines of up to $1,000.00 per day, per violation and /or the institution of a court action, or such other and additional penalties, fines, or assessments as shall be enacted and provided for by the general law of the state or by local regulation lawfully enacted.

(Signatures contained on the next page)

Page 3 of 4

IN WITNESS our hand and seal this qfi day of re\x-»c4 , 20~.

~ G~ Plantation Busj n ss Park P c.: WITNESS 1 BY:--L...i~~~---T-rV{;U~

ITS :--+--'~,___~/ f/ttEl Til f21}E/C WITNESS 2

Mailing Address: P 0 BJ..,_ I~ ~0 13\..uCO£'")) SL. 9-9<l \D

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Phone Number: ~4'3- ~I S -CoS YO

WITNESS 1

--t-1--L..:::.I~ I ,L ·l~td-· ---'-=kJ--~--=:.......::..-- BY: WIT~ er

ITS : Interim unty Administrator

STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT


The foregoing instrumen) was acknowledged before me this ')/! day of r;J,, u, ~ , 20_jg_ by tf}idr ... e / S. 1-!vrkl , (Mike Hunter), the legally authorized re resentative for !.he PI:.:~~ POA, Inc.

Notary Public for South CarJ li J a My Commission Expires: '-\ , 11 !}C>.;l~

STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT


The foregoing instrument was acknowledged before me this /..{f~ day of :zi: br"ifvJ , 20 ;} by Joshua A. Gruber, Interim County Administrator for Beaufort County.

Notary ub ic for South Carolina My Commission Expires: /tJ lfjd.o!f . I

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STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

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MEMORANDUM OF UNDERSTANDING STORM WATER MAINTENANCE

THIS MEMORNADUM OF UNDERSTANDING STORM WATER MAINTENANCE AGREEMENT ("Agreement") is effective as of this <R ~h day of te 'o\~,. o..' 1 ~ , 2018, by and between Beaufort County ("County"), a body politic and political subdivis n of the State of South Carolina, P.O. Box 1228, Beaufort, SC, 29901, and Plantation Business Park Property Owners' Association, Inc. , a nonp~?!1t/orporation ("Corporation") with a principal place of business at /l}c:Jilf!./f101./ (t)~ffton , SC 29910. Both entities may be collectively referred to herein as "Parties." In consideration of the mutual covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this Agreement hereby agree as follows:

Whereas. the County adopted Resolution 2017/27 accepting Business Park Way and a portion of Plantation Park Drive into the county public road system; and

Whereas, the above referenced Resolution authorized the County Administrator to enter into an agreement with the Corporation to allow the storm water drainage from Business Park Way and Plantation Park Drive to flow into the storm water management system owned, operated and maintained by the Corporation; and

Whereas, the County desires to direct storm water from the accepted roadways into the Corporation' s drainage system; and

Whereas, the Corporation agrees to provide for the perpetual maintenance, repairs and necessary improvements for accepting volumes of storm water at the existing level of service at the time of this agreement or a better level of service; and

Whereas, in consideration of the Corporation accepting storm water runoff from the roadways into its privately owned storm water drainage the County shall contribute a one-time $25,000.00 contribution.

NOW THEREFORE, the Parties agree as follows:

l. County will accept the roadways and the related storm water drainage infrastructure located under the roadways and more clearly shown on the attached Exhibit "A" and pursuant to Resolution 2017/27.

2. County will provide for maintenance of the road and the related storm water drainage infrastructure located under the roads.

3. Corporation will continue to provide an appropriate and safe depository for storm water runoff from Business Park Way and Plantation Park Drive. Storm water leaving the public roads and entering the Corporation drainage system shall be maintained at the current level of service or better. Beaufort County Manual for Stormwater Best

1

Management and Design Practices (BMP) shall be utilized in the maintenance and improvement of the Corporation ' s system. Corporation shall maintain the storm water drainage system including connections to the underground basins shown on the attached Exhibit "A".

4. Corporation shall enter into a Stormwater Maintenance Agreement obliging the Corporation to maintain the storm water system and provide that the County may enter upon the land in certain cases such as emergencies or routine inspections (subject to fees per County Ordinance Chapter 99) for the maintenance of levels of service necessary to accept drainage from the roadways. The Stormwater Maintenance Agreement shall be filed with the Beaufort County Register of Deeds.

5. Corporation shall setup a reserve account for anticipated maintenance expenses associated with the storm water drainage system.

6. County will provide a one-time payment of $25,000.00 as a contribution to future maintenance of the Corporation 's storm water drainage system.

This Agreement may not be modified or terminated without the written agreement of both Parties.

If any provision of this Agreement is invalid it will be considered deleted from this agreement, and will not invalidate the remaining provisions.

IN WITNESS WHEREOF, each party acknowledges that a duly authorized representative of such party has executed this Agreement as of the date set forth below, and acknowledges that such part has read, understands and agrees to the terms and conditions of this Agreement.

By:

Its: Interim County Administrator

Date: c9- /:l- /8

erty Owners ' Association, Inc.

By:

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Friday, December 16,2017

CALL TO ORDER

The Plantation Business Park annual meeting was called to order at 10:09 a.m. on Thursday, December 15, 2016 at the conference room of Turner Electrical, 41 Plantation Drive, Suite 200. Members were present representing 6 lots and 7 lots were represented by proxy for a total of 68.42% representation .


ROLL CALL


PROOF OF NOTICE



The minutes from the Annual Meeting held in 2016 was included in the agenda packet. A motion was made, seconded and approved unanimously to dispense with the reading of the minutes and approve them as written and mailed.

DISCUSSION ITEMS

A. Financial Review - Mr. Hawanczak presented the current financials and reviewed the balance sheet and income/expense statement. The balance sheet shows the current monetary holdings and delinquencies. The various budget categories were reviewed and explained. There is one delinquent owner that represents two lots with the 2017 fees still outstanding. Since there is one or two owners who are always late in paying fees. The members discussed instituting a late fee policy and provision if the governing documents allow. Various late fee policies and amounts were discussed. A motion was then made, pending document review, that a late fee of $100 per month be instituted for all those accounts one month past due. Annual dues are assessed and sent out in the first week of

January and are due by the end ofthe month, January 31st. Therefore, any account that has an outstanding balance as of the last day of February will incur the $100 late fee and every month thereafter as long as there is an outstanding balance on their account. The motion was seconded and passed unanimously.


C. Road and Drainage- Mr. Hawanczak and Mr. Mike Turner, President of the Association, once again gave a brief history of the situation with the road that has been ongoing for the past several years. When a sinkhole developed in a section of the drain lines running from the roadside culverts, the Association contacted the County to make repairs. It was then discovered that the County did not own the road as it was never officially turned over to them by recorded deed. While both the Association and the County believed this has happened, the County did not want to take possession now due to the drainage issues. The past four years of negotiating was discussed. Mr. Turner and Hawanczak have attended numerous meetings with County officials and attended several County Council meetings in an effort to resolve this situation. The County had proposed a settlement that involves them taking ownership of the road and the portion of the drainage system under the road, with PBP retaining ownership of the all the drain lines and pipes that run from the road through the individual lots to the various drainage systems, lagoons and culverts. In addition, the County will provide and stake a repair fund in the amount of $25,000 to Plantation Business Park for the portions of the drainage system that is being retained. Since the Association is within the boundaries of the Town of Bluffton, the County will also try to get them to participate and contribute an additional $25,000. The Association and especially, Mr. Mike Turner, has been communicating with the County and County officials pushing for the transference and conclusion of this issue. Mr. Turner reported that he has had a conversation with the PBP County Councilman, Tabor Vaux, who reported that in the last County Council meeting, a motion was passed for the County to take the ownership of the road and provide the Association with $25,000. It now appears that the road issue with the County is coming to a conclusion. The County also expressed their willingness to keep negotiating with the Town of Bluffton to push for a matching $25,000 maintenance contribution.


ElECTION OF DIRECTORS



Other than items related to the road, there were no old or new business items brought forth.

ADJOURNMENT





Friday, December 16, 2017

CALL TO ORDER

The Plantation Business Park annual meeting was called to order at 10:09 a.m. on Thursday, December 15, 2016 at the conference room of Turner Electrical, 41 Plantation Drive, Suite 200. Members were present representing 6 lots and 7 lots were represented by proxy for a total of 68.42% representation.


ROLL CALL


PROOF OF NOTICE



The minutes from the Annual Meeting held in 2016 was included in the agenda packet. A motion was made, seconded and approved unanimously to dispense w ith the reading of the minutes and approve them as written and mailed.

DISCUSSION ITEMS

A. Financial Review- Mr. Hawanczak presented the current financials and reviewed the balance sheet and income/expense statement. The balance sheet shows the current monetary holdings and delinquencies. The various budget categories were reviewed and explained. There is one delinquent owner that represents two lots with the 2017 fees still outstanding. Since there is one or two owners who are always late in paying fees. The members discussed instituting a late fee policy and provision if the governing documents allow. Various late fee policies and amounts were discussed. A motion was then made, pending document review, that a late fee of $100 per month be instituted for all those accounts one month past due. Annual dues are assessed and sent out in the first week of

January and are due by the end of the month, January 31st. Therefore, any account that has an outstanding balance as of the last day of February will incur the $100 late fee and every month thereafter as long as there is an outstanding balance on their account. The motion was seconded and passed unanimously.


C. Road and Drainage- Mr. Hawanczak and Mr. Mike Turner, President of the Association, once again gave a brief history of the situation with the road that has been ongoing for the past several years. When a sinkhole developed in a section of the drain lines running from the roadside culverts, the Association contacted the County to make repairs. It was then discovered that the County did not own the road as it was never officially turned over to them by recorded deed. While both the Association and the County believed this has happened, the County did not want to take possession now due to the drainage issues. The past four years of negotiating was discussed. Mr. Turner and Hawanczak have attended numerous meetings with County officials and attended several County Council meetings in an effort to resolve this situation. The County had proposed a settlement that involves them taking ownership of the road and the portion of the drainage system under the road, with PBP retaining ownership of the all the drain lines and pipes that run from the road through the individual lots to the various drainage systems, lagoons and culverts. In addition, the County will provide and stake a repair fund in the amount of $25,000 to Plantation Business Park for the portions of the drainage system that is being retained. Since the Association is within the boundaries of the Town of Bluffton, the County will also try to get them to participate and contribute an additional $25,000. The Association and especially, Mr. Mike Turner, has been communicating with the County and County officials pushing for the transference and conclusion of this issue. Mr. Turner reported that he has had a conversation with the PBP County Councilman, Tabor Vaux, who reported that in the last County Council meeting, a motion was passed for the County to take the ownership of the road and provide the Association with $25,000. It now appears that the road issue with the County is coming to a conclusion. The County also expressed their willingness to keep negotiating with the Town of Bluffton to push for a matching $25,000 maintenance contribution.


ELECTION OF DIRECTORS



Other than items related to the road, there were no old or new business items brought forth .

ADJOURNMENT



authorizing the county administrator to ......15, 2016 at the conference room of turner electrical,...

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