City of Tega Cay, South Carolina

Transcription

1 City of Tega Cay, South Carolina _ Regular City Council Meeting Agenda Tega Cay Glennon Center - Lower Level Molokai Drive, Tega Cay, SC 6:00 P.M. Call to Order, Pledge of Allegiance and Moment of Silence 1. Special Presentation A. Proclamation recognizing Eagle Scout Camden Miller B. Citizens Academy Graduation C. Arbor Day Proclamation Public Comments Executive Session A. Legal Advice as it pertains tot he Duke Energy Lease for Catawba Park B. Legal Advice as it pertains to the Game On PDD Approval Of Minutes Documents: 4A DRAFT MINUTES PDF Planning Commission Update Unfinished Business 6.a. A. 2nd Reading Of An Ordinance To Annex ± Acres Identified As TMS , To Rezone From RUD In The County To PDD In The City (Game On), And To Amend The Game On PDD Site Plan Documents: 6A1 ORD ORDINANCE TO ANNEX 8 ACRES-GAME ON REVISION_043.PDF 7. New Business 7.a. 7.b. Approval Of Lease With Duke Energy Of The Carolinas For Property For Catawba Park Resolution Authorizing The Lease/Purchase Of Equipment For Law Enforcement, Utilities, And Storm Water Departments In The Form Of An Equipment Documents: 7B RESOLUTION AUTH LEASE-PURCH OF TCPD.TCUD.STORM WATER EQUIP.PDF 7.c. Resolution Adopting The York County Multi-Jurisdictional Hazard Mitigation Plan Documents: 7C1 RESOLUTION FOR YORK CO HAZ MIT PLAN.PDF

2 7.d. Approval Of Letter Of Credit And Performance, Labor And Materials Surety Agreement For Cameron Creek Phase 8 Documents: 7D1 CAMERON CREEK PH 8 BOND ESTIMATE LETTER.PDF 7D2 CAMERON CREEK LETTER OF CREDIT PH 8.PDF 7D3 PERFORMANCE, LABOR AND MATERIALS SURETY AGREEMENT CAMERON CREEK PHASE 8.PDF City Manager's Report Public Comments Council Comments Executive Session 11.a. Legal Advice As It Relates To The Stonecrest PDD 12. Adjournment

3 Regular City Council Meeting and Public Hearing Minutes Philip T. Glennon Center Council Chambers Molokai Drive, Tega Cay, SC Monday, October 16, :00 p.m. DRAFT MINUTES UNTIL APPROVED BY COUNCIL Councilmembers Present: Mayor George Sheppard, Mayor Pro Tempore David O Neal, Dottie Hersey, Ryan Richard, and Jennifer Stalford. A quorum was present. Planning Commissioners Present: Chairman Chris Leonard, Kathy Masters, Stephen Handel Staff Present: Charlie Funderburk, City Manager; Susan Britt, Planning and Development Manager; Sylvia Szymanski, Municipal Clerk; and City Attorney Bob McCleave The Press was duly notified of the meeting. Mayor George Sheppard called the regular meeting to order at 6:00 p.m. and noted it was a Regular City Council meeting. He then led the Pledge of Allegiance and a Moment of Silence. ITEM 1 PUBLIC HEARING A. Amendment to the Game On PDD to Rezone and Add Tax Map Number Susan Britt, Planning and Development Manager, outlined the project. Discussion ensued on the number of single and multi-family homes and the commercial aspect of the project. Jerry Grace commented on the history and vision of the property. Planning Commissioner Doug Burns arrived at 6:07 p.m. PUBLIC COMMENTS 1. Gus Matchunis, 376 Calming Way, asked about a guarantee of the Game On commercial venues. Mayor Sheppard closed the Public Hearing at 6:18 p.m. ITEM 2 SPECIAL PRESENTATION A. Chet Miller made a Pennies for Progress presentation. He left handouts and a Resolution for Council s consideration to approve in favor of Pennies for Progress. B. City Manager Funderburk cited this year s accomplished goals regarding the Comprehensive Plan. Further details to be posted on the City s website. ITEM 3 PUBLIC COMMENTS 1. There were none. ITEM 4 EXECUTIVE SESSION MOTION Mayor Sheppard motioned to go into Executive Session for legal advice regarding a lease agreement with Clear Springs for property as part of the Catawba Park project and amended the agenda to add going into Executive Session to seek legal advice regarding Pennies for Progress 4, seconded by Councilmember Hersey and approved unanimously. Council entered into Executive Session at 6:44 and exited at 7:17 p.m. No actions or votes were taken other than to return to open session. ITEM 5 APPROVAL OF MINUTES There were no changes to the Regular Council Meeting minutes of 9/18/17 nor to the Special Council Meeting minutes of 9/25/17 and they were approved. Councilmember Hersey would like to see

4 Tega Cay Regular Council Meeting October 16, 2017 Page 2 Councilmember Stalford noted as present at the September 25 Council meeting as she entered shortly after the meeting started. ITEM 6 UNFINISHED BUSINESS A. 2 nd Reading of an Amendment to Ordinance 77, Sections , , and MOTION Councilmembers Stalford motioned to approve the 2 nd Reading of an Amendment to Ordinance 77, Sections , and 19-16, seconded by Councilmember Richard and approved unanimously. B. 2 nd Reading of an Amendment to Ordinance 509, FY General Fund Budget MOTION Councilmember Hersey motioned to approve the 2 nd Reading of an Amendment to Ordinance 509, FY General Fund Budget as presented, seconded by Councilmember Richard and approved unanimously. ITEM 7 NEW BUSINESS A. Approval of a Lease Agreement with Clear Springs regarding ± 12 Acres of Land to be Used as Part of Catawba Park MOTION Mayor Sheppard motioned to approve the Lease Agreement with Clear Springs regarding ± 12 Acres of Land to be Used as Part of Catawba Park, seconded by Councilmember Hersey and approved unanimously. B. Planning Commission Recommendation Regarding Rezoning (Item 1) Chairman Chris Leonard noted the Planning Commission s recommendation for approval. C. Introduction and 1 st Reading of an Ordinance to Annex ± Acres Identified as TMS , to Rezone from RUD in the County to PDD in the City (Game On), and to Amend the Game On PDD Site Plan. MOTION Councilmember Hersey motioned to approve the Introduction and 1 st Reading of an Ordinance to Annex ± Acres Identified as TMS , to Rezone from RUD in the County to PDD in the City (Game On), and to Amend the Game On PDD Site Plan, seconded by Mayor Pro Tem O Neal and approved 4:1 with Mayor Sheppard opposed. D. Approval of Letter of Credit and Performance, Labor and Materials Surety Agreement for Cameron Creek Phase 5 MOTION Councilmember Hersey motioned to approve the Letter of Credit and Performance, Labor and Materials Surety Agreement for Cameron Creek Phase 5 in the amount of $400,822, seconded by Councilmember Stalford and approved unanimously. E. Approval of City entering into the State Health Plan MOTION Councilmember Hersey motioned to authorize the City Manager to execute any and all documents with the Public Employee Benefits Authority that are necessary to establish the City s membership in the South Carolina State Health Plan, seconded by Councilmember Richard and approved unanimously. ITEM 8 CITY MANAGER S REPORT City Manager Funderburk commented National Night Out was well attended. Coffee with a Cop had the largest turnout to date and he commended Sgt. Burns for his efforts in coordinating both events. The

5 Tega Cay Regular Council Meeting October 16, 2017 Page 3 Fall Festival is on October 21 from 11 am 5 pm at the Glennon Center. There are 123 vendors, including 11 food vendors and a beer garden by The Shore Club with live entertainment and a free kids area. There will be a pumpkin patch sponsored by the Lions Club and a costume contest for the kids. The only on-site parking will be for golfers, so everyone else will need to either walk to the venue or park at TCES or Runde Park and ride the bus. Buses are running all day. There will be a Candidate s Forum on Monday, October 23 and Election Day is November 7. Polling centers open from 7am 7pm. There are over 7,000 registered voters in the City. Get out and vote. City offices are closed Friday, November 10 for Veteran s Day. Councilmember Stalford would like staff to reevaluate BOZA fees of $350 for variances. Those costs will be submitted to Council as well as the process needed for changing the fees. Councilmember Hersey asked that photos be presented when discussing proposed changes to fencing. She added that she appreciated working with those on the Clear Springs project and appreciated the Police and Fire Department for National Night Out and Coffee with a Cop. ITEM 9 PUBLIC COMMENTS 1. There were none. ITEM 10 COUNCIL COMMENTS Councilmember Richard asked residents to consider voting yes for Pennies for Progress. Shredding will be available to residents for free at the Fall Festival. Councilmember Stalford also supports Pennies for Progress but noted no resolution could be passed due to current FOIA laws regarding the agenda. There will be a 1pm Beautification meeting this Thursday at the Glennon Center and a work day on the 24 th at the Living Memorial Gardens. Councilmember Hersey supports Pennies for Progress and asked for residents to support it as well. Mayor Pro Tem O Neal also supports Pennies for Progress and noted on Saturday, November 11, there will be a short ceremony at the Living Memorial Gardens. On the 10 th, some veterans will visit Tega Cay Elementary School. Mayor Sheppard spent International Walk to School Day walking with schoolchildren. He also supports Pennies for Progress. He added road improvements would begin on some Tega Cay Roads with C Funds, which is gas tax money, of about $437,000 and he thanked Councilman Michael Johnson. ITEM 10 EXECUTIVE SESSION MOTION Mayor Sheppard motioned to enter into Executive Session for discussion of contractual matters concerning the Stonecrest POA, seconded by Councilmember Hersey and approved unanimously. Council entered into Executive Session at 7:45 p.m. and exited at 8:00 p.m. Only those items on the agenda were discussed and no votes or actions were taken other than to return to open session. ITEM 10 ADJOURNMENT MOTION There being no further business, Councilmember Hersey motioned to adjourn the meeting, seconded by Mayor Pro Tem O Neal and approved unanimously.

6 Tega Cay Regular Council Meeting October 16, 2017 Page 4 The meeting was adjourned at 8 p.m. [SEAL] Respectfully Submitted, Sylvia Szymanski, Municipal Clerk APPROVED: George Sheppard, Mayor APPROVAL DATE: November 20, 2017

7 STATE OF SOUTH CAROLINA ) COUNTY OF YORK ) ORDINANCE CITY OF TEGA CAY ) TO ANNEX BY 100 PERCENT PETITION METHOD, AND AMEND THE GAME ON PLANNED DEVELOPMENT DISTRICT TO INCORPORATE APPROXIMATELY ± ACRES, TAX MAP NUMBER FROM RUD IN THE COUNTY TO PDD IN THE CITY WHEREAS, the owners of the real estate designated as York County Tax Map Number , located on Dam Road and containing ± acres, as described on the attached survey and deed, has petitioned the City Council of the City of Tega Cay to annex to the City of Tega Cay and rezoned the parcel from RUD in the County to PDD in the City. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Members of City Council of the City of Tega Cay duly assembled: SECTION I. That the described land on the attached plats and all adjacent rights-of-way, contiguous to the boundary of the City of Tega Cay is hereby annexed to, taken into and made a part of the City of Tega Cay. SECTION II. That the property above described and hereby annexed shall be Planned Development District (PDD) under the Zoning Ordinance of the City of Tega Cay. SECTION III. This ordinance shall be of full force and effect immediately upon the second and final reading of this ordinance. PUBLIC HEARING October 16, 2017 FIRST READING: October 16, 2017 SECOND READING: November 20, 2017 Enacted this day of, 2017, by a majority vote of the duly elected City Council of the City of Tega Cay, South Carolina. SIGNED: [SEAL] CITY OF TEGA CAY George C. Sheppard, Mayor David L. O Neal, Mayor Pro Tempore Dottie Hersey, Council Member Ryan Richard, Council Member Jennifer Stalford, Council Member

8 ATTEST: Ordinance Charlie Funderburk, City Manager Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the City Council of the City of Tega Cay, South Carolina, held on the day of, Sylvia Szymanski Municipal Clerk

9 RESOLUTION A RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE TEGA CAY UTILITY DEPARTMENT (TCUD), THE TEGA CAY STORM WATER DEPARTMENT, AND THE TEGA CAY POLICE DEPARTMENT (TCPD) IN THE FORM OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT NOT TO EXCEED $434, WHEREAS, by adoption of the Fiscal Year TCUD, STORMWATER and TCPD budgets, the City of Tega Cay did authorize the lease-purchase of equipment to support the Tega Cay Utility Department, Tega Cay Police Department and Tega Cay Storm Water Department; and WHEREAS, the Tega Cay City Manager has now presented a proposal for the financing of such vehicles. NOW, THEREFORE BE IT RESOLVED, as follows: 1. The City hereby determines to finance the vehicles through First Citizens Bank in accordance with the proposal attached hereto. The amount financed shall not exceed $434,575.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.01% and the financing term shall not exceed 4 years from closing. 2. All financing contracts and all related documents for the closing of the financing (the Financing Documents ) shall be consistent with the foregoing terms. All officers and employees of the City are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the vehicles as contemplated by the proposal and this resolution. The Financing Documents shall include an Equipment Lease/Purchase Agreement, payment schedule, Equipment Acceptance Notice, Essential Use Letter and Resolution by the City of Tega Cay. 3. The City Manager is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer s satisfaction. The City Manager is authorized to approve changes to any Financing Documents previously signed by City officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the City Manager shall approve, with the City Manager s release of any Financing Document for delivery constituting conclusive evidence of such officer s final approval of the Document s final form. 4. The City shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The City hereby designates its obligations to make principal and interest payments

10 under the Financing Documents as qualified tax-exempt obligations for the purpose of Internal Revenue Code Section 265(b)(3). 5. All prior actions of City officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. Approved this 20 th day of November, SIGNED: CITY OF TEGA CAY [SEAL] George C. Sheppard, Mayor David L. O Neal, Mayor Pro Tempore Dottie Hersey, Council Member ATTEST: Charlie Funderburk, City Manager Ryan Richard, Council Member Jennifer Stalford, Council Member Certificate of Adoption I hereby certify that the foregoing is a true copy of the resolution passed at the regular meeting of the City Council of the City of Tega Cay, South Carolina, held on the 20th day of November, Sylvia Szymanski Municipal Clerk

11 RESOLUTION Resolution Adopting the York County Multi-Jurisdictional Hazard Mitigation Plan WHEREAS, the City of Tega Cay, South Carolina, recognizes the threat that natural hazards pose to people and property; and WHEREAS, undertaking hazard mitigation actions before disasters occur will reduce the potential for harm to people and property and save taxpayer dollars; and WHEREAS, an adoption of an hazards mitigation plan is required as a condition of future grant funding of mitigation projects; and WHEREAS, the City of Tega Cay, South Carolina, participated jointly in the planning process with the other local units of government within the County to prepare a Hazards Mitigation Plan; and WHEREAS, the City of Tega Cay, South Carolina, is aware that revision and updating of the plan is critical for active and effective Hazards Mitigation Planning. NOW THEREFORE, BE IT RESOLVED, that the Council for the City of Tega Cay, South Carolina, hereby adopts the York County All-Hazard Mitigation Plan as an official plan; and BE IT FURTHER RESOLVED, that the City of Tega Cay, South Carolina, submit the adoption of the Hazard Mitigation Plan to the Federal Emergency Management Agency officials for final approval. Adopted this 20 th day of November, 2017 SIGNED: [Seal] ATTEST: Charlie Funderburk, City Manager CITY OF TEGA CAY George C. Sheppard, Mayor David O Neal, Mayor Pro Tempore Dottie Hersey, Councilmember Ryan Richard, Councilmember Jennifer Stalford, Councilmember Certificate of Adoption I hereby certify that the foregoing is a true copy of the resolution passed at the regular meeting of the City Council of the City of Tega Cay, South Carolina, held on the 20 th day of November, Sylvia Szymanski, Municipal Clerk

12 JOEL E. WOOD & ASSOCIATES PLANNING ENGINEERING MANAGEMENT Main Office 2160 Filbert Highway York, SC P.O. Box 296 Clover, SC Tel.: (803) Fax.: (803) Ms. Susan Britt, Planning Director City of Tega Cay P.O. Box 3399 Tega Cay, SC REF: CAMERON CREEK, PHASE 8 BOND REQUIREMENTS Dear Ms. Britt: October 20, 2017 Via Kings Mountain, NC 104 N. Dilling St. Kings Mountain, NC P.O. Box 296 Clover, SC Tel.: (704) Fax.: (704) As requested, I have reviewed the Bond Estimate provided by Merrick & Company for the above referenced Project. A copy of the estimate provided Merrick is attached and made part of this correspondence. I first reviewed our files for cost for site development work and found cost to develop this portion of the project to be in line with cost for similar work. Therefore, I feel that the total project cost provided by Merrick, is a representative cost to complete the project. I believe that the claim made by Merrick of work not yet completed for the infrastructure shown on the above referenced Plat, along with the 1.25 multiplier required by the City, brings the total bond requirements for the above referenced Plat to be $159, To the best of my information and belief, the amount shown above is an appropriate amount for the Bond to be provided by the Owner. Should you have any questions or need any additional information, please feel free to contact me. Sincerely, JOEL E. WOOD & ASSOCIATES, L. L. C. Joel E. Wood, P. E., Managing Partner Attch.

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17 STATE OF SOUTH CAROLINA PERFORMANCE, LABOR and MATERIALS AGREEMENT COUNTY OF YORK Cameron Creek Phase 8 THIS PERFORMANCE, LABOR and MATERIAL AGREEMENT (the "Agreement") is made and entered into as of the day of November, 2017 between M/I HOMES OF CHARLOTTE, LLC, (the "Obligor") and the CITY OF TEGA CAY, a South Carolina municipality (the Obligee and at times the City ). At times herein, the Obligor and Obligee are collectively referred to as the parties or individually as a party. Statement of Purpose Obligor has requested that it be granted final plat approval by the City for the subdividing and improving of a tract of land known as Cameron Creek Phase 8, further described on the plat titled Cameron Creek Phase 8 Single Family Detached dated June 5, 2017 submitted to the City in regards to said development, attached hereto as Exhibit A, which is incorporated herein by reference as a part hereof (the Final Plat ). As a condition precedent to the granting of the above described Final Plat approval by the City, the Obligor is required to furnish a Performance, Labor and Material Agreement as herein provided. NOW THEREFORE, in consideration of the mutual promises herein contained, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows: A. Labor, Materials, Equipment. 1. The Obligor binds itself, its successors and assigns, to the City to pay for labor, materials and equipment furnished for use in completing the infrastructure improvements described in Exhibit B attached hereto, incorporated herein by reference as a part hereof ( Improvements ). 2. If Obligor, or any contractor or subcontractor of said Obligor, its successors and assigns, fails to pay for any of the Improvements or performance of the work to be done, or for any work labor done thereon of any kind in, on or about the Improvements, upon demand by the City the Obligor will pay the same, and also in case suit is brought upon this Agreement, the City s reasonable attorney s fees, and other expenses reasonably incurred by the City. 3. Upon receipt of written notice of a claim for the payment for materials, equipment or work done, the Obligor shall promptly and at the Obligor s expense take the following actions: a. Send an answer to the claimant, with a copy to the City and to US Bank National Association (the Issuing Bank ), stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. v2 1

18 b. Within 30 days pay or provide a payment bond for the disputed amount. c. Pay undisputed amounts within 30 days of receipt. d. In the event that Obligor fails to perform any of the above obligations, the Issuing Bank shall have the right to cure any such failure within the above described 30 day periods. B. Performance, Completion of Improvements. 1. If the Obligor completes the Improvements, on or before April 30, 2019, this obligation shall cease and be void, otherwise it shall remain in full force and effect until such Improvements are completed, and the Obligor binds itself to said Obligee, that the Improvements shall be completed in accordance with this Agreement. 2. If Obligor does not construct the Improvements as herein specified on or before April 30, 2019, then the Obligor shall immediately tender payment to the Obligee in the amount required to complete the Improvements, and also in case suit is brought upon this Agreement, the City s reasonable attorney s fees, and other expenses reasonably incurred by the City. C. Miscellaneous. 1. No City Liability. The City shall not be liable for payment of any costs or expenses of any claimant under this Agreement, and shall have under this Agreement no obligations to make payments to, given notices on behalf of, or otherwise have obligations to claimants under this Agreement. 2. Waiver. The Obligor hereby waives notice of any change, including changes of time, to the Final Plat, related subcontracts, purchase order and other obligations. 3. No Obligation to Proceed Before Collection on LOC. No provision of this Agreement, or any other agreement between the parties, shall be interpreted to require the Obligee to proceed against the Obligor before first proceeding to collect from the Letter of Credit issued by US Bank National Association, attached hereto, and incorporated herein by reference, as Exhibit C. 4. Notice. Notice to the City or the Obligor shall be mailed or delivered to the addresses as follows: If to City of Tega Cay (Obligee): City of Tega Cay 7725 Tega Cay Drive Tega Cay, SC Attn: Charlie Funderburk v2 2

19 If to M/I Homes of Charlotte, LLC (Obligor): MI Homes of Charlotte, LLC Ceter Drive Ste. 100 Charlotte, NC Fax: Attn: Mr. Kevin Clark All notices, demands and requests which may be given or which are required to be given hereunder by either party to the other must be in writing. All such notices, demands and requests shall be sent by certified mail, return receipt requested, postage prepaid, or by overnight courier service (e.g., Federal Express), or by personal delivery, or by facsimile, and addressed as provided above, or to such other address as a party may specify by duly given notice. Notices, demands and requests when given in the manner aforesaid through the mail will be deemed sufficiently served, given, or received for all purposes hereunder three (3) days after the date such notice, demand or request is properly deposited with the United States Postal Service, or if sent by overnight courier service, on the first business day after same is deposited with the overnight courier service with instructions to deliver the next business day, or if delivered in person or sent by facsimile, on the date of personal delivery or date of facsimile. Each party shall notify the other of any change in address. 5. Memorandum of Agreement. Obligor agrees that, at the request of the City, Obligor will promptly execute and deliver a Memorandum of Agreement in recordable form sufficient to provide record notice of this Agreement, and City shall be entitled to record such Memorandum of Agreement with the York County Clerk of Court. If Obligor does not promptly respond to such request, Obligor consents to City s unilateral execution and filing of such memorandum. If such a memorandum has been filed by the City, upon completion of the Obligor s obligations hereunder, City shall promptly execute and record a memorandum evidencing such completion and release from obligations hereunder. 6. Assignment. The Obligor may not assign its obligations hereunder without the written consent of the City, which consent shall be in the City s sole discretion. 7. Authority. The person or persons executing this Agreement on behalf of Obligor represent, covenant and warrant to City as of the date Obligor delivers this Agreement that: (a) Obligor is duly constituted, in good standing and qualified to do business in the State of South Carolina, (b) Obligor will file when due all forms, reports, fees and other documents necessary to comply with applicable laws, and (c) the signatories signing on behalf of Obligor have the requisite authority to bind Obligor pursuant to Obligor s organizational documents. 8. Benefits and Binding Effect. The provisions of this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs and permitted successors and assigns, as may be applicable. 9. Run with Property. The terms and conditions of this Agreement, until satisfied, shall run with the Property. v2 3

20 10. No Presumption. No presumption shall be created in favor of or against Obligor or Obligee with respect to the interpretation of any term or provision of this Agreement due to the fact that this Agreement was prepared by or on behalf of one of said parties. 11. Severability. The invalidity or unenforceability of any one or more phrases, sentences, causes or provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any part thereof. 12. Jurisdiction. This Agreement shall be construed, interpreted, enforced and governed by and under the laws of the State of South Carolina, without regard to its principles of conflicts of law. Each party to this Agreement hereby irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement or any of the agreements or transactions contemplated hereby must be brought in the courts of York County, in the State of South Carolina and hereby expressly submits to the personal jurisdiction and venue of such courts for the purposes thereof and expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum. 13. Writing Required. No change, amendment, qualification, cancellation or waiver hereof shall be effective unless in writing and executed by both parties hereto. 14. Time of the Essence. Time is of the essence with respect to all time periods and dates set forth herein. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their officers thereunto authorized this day of, WITNESSES: OBLIGOR M/I Homes of Charlotte, LLC By: Its: WITNESSES: OBLIGEE City of Tega Cay By: Charlie Funderburk Its: City Manager v2 4

21 STATE OF ) ) COUNTY OF ) PROBATE PERSONALLY APPEARED BEFORE ME the undersigned, who states under oath that he was present and witnessed execution of the foregoing instrument by, as, acting for and on behalf of M/I Homes of Charlotte, LLC, LLC, a limited liability company. Sworn to and Subscribed Before Me Witness #1 This Day of, 2017: Notary Public for My Commission Expires: STATE OF SOUTH CAROLINA ) ) COUNTY OF YORK ) PROBATE PERSONALLY APPEARED BEFORE ME the undersigned, who states under oath that he was present and witnessed execution of the foregoing instrument by Charlie Funderburk, acting as City Manager, for and on behalf of the City of Tega Cay, South Carolina, a South Carolina municipality. Sworn to and Subscribed Before Me Witness #1 This Day of, 2017: Notary Public for S.C. My Commission Expires: v2 5