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AGENDA LEXINGTON COUNTY COUNCIL COMMITTEE MEETINGS JUNE 8, 2021

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A

G E N D A

L

EXINGTON

C

OUNTY

C

OUNCIL

C

O M M I T T E E

M

E E T I N G S

J

UNE

8,

2021

212 South Lake Drive, Lexington, South Carolina 29072 Telephone: 803-785-8103 / FAX: 803-785-8101

The County Council Committee Meetings will be available for public viewing on the following:

1. Lexington County Spectrum Cable Channel 1302

2. County website at: https://www.lex-co.com/MeetingPortal/LexCoMeetingPortal.html

(Click on “Live Meeting” at the top of the page)

Committee Meetings are tentatively scheduled and may run behind or ahead of the listed time.

1:30 P.M.-3:35 P.M.-PLANNING,C.WESSINGER,CHAIRWOMAN

(1) Comprehensive Plan Process Update Presentation and General Policy Direction Discussion - Planning & GIS - Holland Jay Leger, AICP, Director; Leigh Anne King, AICP, Clarion Associates; and Ernie Boughman, AICP, Toole Design

(2) Intergovernmental Agreement for the Town of Irmo with Richland County & Lexington County - Community Development - Robbie Derrick, Director and Sherri Armstrong, Land Development Manager...A (3) Requested Landscape and Open Space Ordinance Information - Community Development - Lance Vollmer,

Landscape Administrator ...B (4) Legal Briefing on Pending Moratorium Litigation - EXECUTIVE SESSION - Matters Protected by the

Attorney Client Privilege SC Code Section 30-4-70(A) (2) (5) Adjournment

3:35 P.M.–3:40 P.M.–HEALTH &HUMAN SERVICES,L.BRIGHAM,JR.,CHAIRMAN

(1) Discussion and Approval of an Agreement Between Lexington County and South Carolina Department of Corrections (SCDC) Regarding Long-term Housing for Horses at the SCDC Facility - Animal Services - Roy Mefford, Director ...C (2) Adjournment

3:40 P.M.–3:45 P.M.-ADMINISTRATION,G.CONWELL,CHAIRMAN

(1) Tyler Technologies Update - Chris Harmon, County Auditor and Jim Eckstrom, County Treasurer (2) Adjournment

3:45 P.M.-4:10 P.M.-ECONOMIC DEVELOPMENT,D.SUMMERS,CHAIRWOMAN

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Agreement; (III) The Inclusion of the Spec Building and the Spec Building Site in a Multi-County Business Or Industrial Park; and (IV) A 3-Year Extension to the Allowable Investment Period Set Forth in the Existing FILOT Agreement; and (2) Other Matters Related Thereto - EXECUTIVE SESSION - Contract Negotiation, Proposed Business or Industry Location / Expansion - SC Code 30-4-70 (A) (2) (5) - Economic Development - Sarah J. Johnson, Director

(2) Adjournment

4:10 P.M.–4:15 P.M.–JUSTICE,B.CARRIGG,CHAIRWOMAN

(1) Office of Highway Safety and Justice Programs Impaired Driving Countermeasures Project Grant Application - Sheriff’s Department - Captain Lee Marshall ...D (2) Old Business

1. Body Cameras (3) Adjournment

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E X I N G T O N

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O U N T Y

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O U N C I L

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O M M I T T E E

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I S T

PLANNING

C. Wessinger, Chairwoman B. Carrigg, Vice Chairwoman

D. Hudson D. Summers

T. Cullum

HEALTH &HUMAN SERVICES L. Brigham, Jr., Chairman B. Carrigg, Vice Chairwoman

G. Jones G. Conwell

T. Cullum ADMINISTRATION

G. Conwell, Chairman S. Whetstone, Vice Chairman

D. Summers G. Jones T. Cullum

ECONOMIC DEVELOPMENT D. Summers, Chairwoman L. Brigham, Jr., Vice Chairman

D. Hudson G. Conwell

T. Cullum JUSTICE

B. Carrigg, Chairwoman S. Whetstone, Vice Chairman

G. Jones C. Wessinger

T. Cullum

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O U N C I L

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O M M I T T E E

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O A L S

Provide for public services to the citizens of Lexington County Manage growth to meet the needs of Lexington County

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A

G E N D A

L

EXINGTON

C

OUNTY

C

OUNCIL

C

O U N C I L

M

E E T I N G

J

UNE

8,

2021

212 South Lake Drive, Lexington, South Carolina 29072 Telephone: 803-785-8103 / FAX: 803-785-8101

The County Council Committee Meetings will be available for public viewing on the following:

1. Lexington County Spectrum Cable Channel 1302

2. County website at: https://www.lex-co.com/MeetingPortal/LexCoMeetingPortal.html

(Click on “Live Meeting” at the top of the page)

4:30P.M.–COUNCIL CHAMBERS CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE CHAIRMAN'S REPORT ADMINISTRATOR'S REPORT EMPLOYEE RECOGNITION

(1)Employee of the First Quarter Presentation - Lynn Sturkie, County Administrator APPOINTMENTS

(1) Boards and Commissions ...E ORDINANCE(S)

(1) Ordinance 21-02 - An Ordinance Establishing a Temporary Moratorium on Applications and Administrative Processing for Approval of Certain Large Scale Residential Subdivisions and Residential Attached Land Use Activities within the Unincorporated Area of Lexington County; and Invoking Application of the Pending Ordinance Doctrine - 2nd Reading ...F (2) Ordinance 21-03 - An Ordinance Adopting an Annual Budget for Fiscal Year 2021-2022 - 2nd Reading...G (3) Ordinance 21-05 - An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina Code of

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HEALTH &HUMAN SERVICES,L.BRIGHAM,JR.,CHAIRMAN

(1) Discussion and Approval of an Agreement Between Lexington County and South Carolina Department of Corrections (SCDC) Regarding Long-term Housing for Horses at the SCDC Facility - Animal Services ...C PUBLIC WORKS/SOLID WASTE MANAGEMENT,D.HUDSON,CHAIRMAN

(1) Whiteford Way Turn Lane Project at US 378 in the Town of Lexington - Public Works ...J (2) 301 Shareditch Rd Drainage - Public Works...K BUDGET AMENDMENT RESOLUTIONS

6:00P.M.–PUBLIC HEARING

(1) Ordinance 21-09 - An Ordinance Authorizing and Approving: (1) The Execution and Delivery of (A) An Amendment to an Existing Fee In Lieu of Tax and Incentive Agreement (The “Existing FILOT Agreement”) Between Lexington County, South Carolina (The “County”) and Nephron SC, Inc., A Company Previously Identified as Project RBI (Collectively, The “Company”), and/or (B) One or More Purchase and Sale Agreements, Instruments, and/or Other Documents, to, Collectively, Provide For: (I) The Conveyance and/or Sale of The Lexington County Spec Building Located in The Saxe Gotha South Park (The “Spec Building”) and the Land Upon Which Such Improvements are Located (The “Spec Building Site”) to the Company; (II) The Addition of the Spec Building Site to the Project Site Under the Existing FILOT Agreement; (III) The Inclusion of the Spec Building and the Spec Building Site in a Multi-County Business Or Industrial Park; and (IV) A 3-Year Extension to the Allowable Investment Period Set Forth in the Existing FILOT Agreement; and (2) Other Matters Related Thereto ...L ORDINANCE(S)–2NDREADING

(1) Ordinance 21-09 - An Ordinance Authorizing and Approving: (1) The Execution and Delivery of (A) An Amendment to an Existing Fee In Lieu of Tax and Incentive Agreement (The “Existing FILOT Agreement”) Between Lexington County, South Carolina (The “County”) and Nephron SC, Inc., A Company Previously Identified as Project RBI (Collectively, The “Company”), and/or (B) One or More Purchase and Sale Agreements, Instruments, and/or Other Documents, to, Collectively, Provide For: (I) The Conveyance and/or Sale of The Lexington County Spec Building Located in The Saxe Gotha South Park (The “Spec Building”) and the Land Upon Which Such Improvements are Located (The “Spec Building Site”) to the Company; (II) The Addition of the Spec Building Site to the Project Site Under the Existing FILOT Agreement; (III) The Inclusion of the Spec Building and the Spec Building Site in a Multi-County Business Or Industrial Park; and (IV) A 3-Year Extension to the Allowable Investment Period Set Forth in the Existing FILOT Agreement; and (2) Other Matters Related Thereto ...M EXECUTIVE SESSION /LEGAL BRIEFING IF NEEDED

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COUNTY OF LEXINGTON

COMMUNITY DEVELOPMENT

LAND DEVELOPMENT

M E M O R A N D U M

DATE: June 8, 2021

TO: Lynn Sturkie, County Administrator

FROM: Robbie Derrick, Director of Community Development Sheri M. Armstrong, Land Development Manager

RE: Intergovernmental Agreement (IGA) with Richland County (Goal 1)

On November 13, 2018 a version of this agreement was presented to Council. Council was asked to adopt the IGA at full sessions that evening due to Richland County Council holding a meeting two days later on November 15, 2018. Lexington County Council adopted the IGA and the document was signed by the County Chairman. The signed IGA was given to Richland County for their Council’s scheduled meeting. It has taken Richland County two and half years to provide the signed IGA. We now have a final copy and need Council to adopt for a second time as the IGA has been changed since the original adoption.

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County of Lexington

Office of Community Development Development Services Division 212 South Lake Drive, Suite 401

Lexington, SC 29072 Telephone (803) 785-8121 - Fax (803) 785-5186 MEMORANDUM

To: Planning Committee

Through: Lynn Sturkie, County Administrator From: Vance Vollmer, Landscape Administrator

Cc: Robbie Derrick, Director, Community Development Rebecca Conway, Development Manager

Date: May 27, 2021

Subject: Requested Landscape and Open Space Ordinance Information (Goal 2)

In April 2021, staff was directed by Council to research other local regulations relating to trophy tree protection, open space requirements, residential buffers, and scenic road corridors. Attached you will find a presentation containing information from our current Landscape and Open Space Ordinance along with considerations from other local regulations in regards these topics.

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Landscape and Open Space Research

•Tree Protection

•Buffers

•Open Space

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Tree Protection - Current

• Trophy Tree 24” or greater DBH – Canopy Trees except Sweet Gum, Yellow

Poplar, Pine (except longleaf), Sugar/Hackberry, Ash

• Mitigation - one new canopy tree or two understory trees per every 10 inches

of D.B.H. of the trophy tree to be removed.

• Trophy trees removed without prior approval, replace inch per inch removed

• The protection of other existing, quality trees may be considered when

determining trophy tree mitigation requirements.

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Tree Protection Considerations:

• Additional category of Significant Tree (multiple jurisdictions)

Significant Tree 4-24” Diameter Breast Height (DBH) Trees except Sweet Gum, Yellow Poplar, Pine (except

longleaf), Sugar/Hackberry, Ash. Understory Tree 4”-24” DBH Canopy Tree 8”-24” DBH

• Significant Tree Protection – Mitigation with permission removal vs without? 1:1, 1:1.5, 1:2, etc. in inches

replaced.

Options for tree preservation:

• Preserve a percentage of Significant tree DBH per lot or development (Aiken, Greenville, Lexington, York)

• 15+ protected trees per acre/or portion

• Previously cleared sites - need 40” DBH per acre/or portion in addition to

• Require mitigation for utility crossings/easement tree removal

• Preserve trees unless meeting below criteria (Beaufort):

1. Difficult or impossible to reasonably use the property without the removal of the tree.

2. Roads, parking areas, drive aisles, paths and other site features have been designed around the canopies of

existing trees to the greatest extent possible.

3. Removal will allow the preservation of other, healthier hardwood trees on the property.

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Trophy Tree Protection Considerations:

• Lots shall be subdivided to provide a buildable area that does not impact

Trophy trees (Beaufort, Dorchester)

• Trophy Tree Mitigation

a)1 inch per 1 inch DBH removed (current)

b)2 inches per 1 inch DBH removed

c) 3-4 inches per 1 inch DBH removed (Horry)

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Timber Harvesting

• Currently can harvest for development if meeting landscape guidelines.

• Exemptions: Any forestry activity on forestland, that meets at least one of the following requirements as

defined under Section 48-23-205 of the South Carolina Code of Laws, does not require a review by the

Landscape Administrator: taxed on the basis of its present use value as forestland; managed in

accordance with a forest management plan; certified under the Sustainable Forestry Initiative, the

Forest Stewardship Council, the American Forest Foundations Tree Farm System, or any other nationally

recognized forest certification system; subject to a legally binding conservation easement under which

the owner limits the right to develop or subdivide the land; or managed and harvested in accordance

with the best management practices established by the State Commission of Forestry.

Consideration:

• The removal of trees or vegetation shall be exempt on land lawfully used for:

Agricultural and forestry activities, including tree farms and approved forestry management practices;

except, that if a site is substantially cleared of trees pursuant to legitimate agricultural or forestry

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Buffer Types

• Transitional (Single Family Residential)

• Commercial

• Scenic Corridor

• Forest and Wildlife Corridors

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Transitional Buffers – Current

• Residential Subdivisions, 10 lots and up and less than 1.5 acre in size

• 10-150 lots, 10’ perimeter buffer/10’ Road frontage buffer

• 150 lots or greater, 15’ perimeter/20’ Road Frontage

• Perimeter buffers not permanent unless separately platted

Perimeter transitional buffers are not required for the development of previous land uses, such as

agricultural fields, row crops, grasslands, or pasturelands that have been established for a

continuous period of 7 years prior to development, except for perimeter boundaries that are

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Transitional Buffer Considerations:

• Edge dieback due to encroaching on protected root zone

• Perimeter/road buffer width 10-100’ (depending on size? surrounding use?)

• Perimeter buffers permanent

• Wildlife Corridor Protection

• Evergreen percentage of replacement vegetation (currently 25% for trees)

• Additional buffer width if buffer impacted by utilities and easements

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Transitional Buffer Overlay

District Map

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Open Space – Current

• Requires 10%+ for residential subdivisions 10 lots or greater and less than

1.5 acres in size.

*What currently counts towards open space?

• Detention/Retention Ponds, bodies of water, wetlands, water quality

buffers, etc.

• Scenic corridor buffers, transitional buffers

• Up to 50% area of recreation uses: pools, playgrounds, courts, trails,

sports fields etc.

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Open Space Considerations:

• Open space required for commercial development (Multiple jurisdictions)

• Percentage of open space required

• What counts towards open space (detention ponds?)

• Percentage based on amount of impervious area. (ie. 25% of developable

acreage is impervious, requires 1.5 times open space)

• Based on intensity of development? Sliding scale.

• Overlay district with increased percentage (Conservation 50%, Greenville)

• Type of open space by percentage allowed (ie. wetlands 30%, amenity area

15%, counts towards requirement )

• Reduction based on additional tree canopy preservation

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Scenic Corridor Current

-• Scenic 1 - 30’ buffer undisturbed (no fences), 31-50’ quality tree

preservation. 1 canopy tree, 2 understory, and 3 medium shrubs per 200 sq.

ft. of buffer, 25%+ evergreen.

• Scenic 2 - 20’ buffer undisturbed (no fences)- 1 canopy tree, 2 understory,

and 3 medium shrubs per 200 sq. ft. of buffer, 25%+ evergreen.

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Scenic Corridors

The Scenic Corridor designation can only apply to roads that are located in the portions of Lexington County where the provisions of Article 3, Section 7, of the Landscape and Open Space Ordinance apply. The following are the

roadways which are designated as Scenic Corridors in accordance with Article 3, Section 7. All cited intersections, as well as measured locations, refer to the mapped

centerlines of the named roads.

Scenic Corridor 1s Arterials: Bradley Drive

Bush River Road (from Langsdale Road to the CSX Railroad spur)

Corley Mill Road (from Mountain Laurel Court to within 500 feet of North Lake Drive)

Cromer Road (from English Drive to Oak Drive) Wildlife Road (from Barr Road to Norfolk Southern Railroad)

Collectors: Andrew Corley Road (from Corley Mill Road to

the ID line near North Lake Drive)

Barr Road (from Wildlife Road to Pisgah Church Road) Cromer Road (from Oak Drive to Mineral Springs Road) Hope Ferry Road (from Corley Mill Road to the ID line near Sunset Boulevard)

Midway Road Mill Stream Road

Old State Road (from I-77 to Old Wire Road) River Road

Saint Davids Church Road (from Bradley Drive to Kitti Wake Drive)

Locals: Amicks Ferry Road

Old State Road (south of Old Wire Road) River Road

Scenic Corridor 2s

Arterials: Barr Road (from Hendrix Street to Wildlife Road)

Bush River Road (from the CSX Railroad spur to St. Andrews Road)

Calks Ferry Road (from Augusta Highway to Spring Hill Road)

Calks Ferry Road (from Triangle Road to I-20) Emanuel Church Road (from Kitti Wake Drive to the westernmost intersection with Pinestraw Circle)

Longs Pond Road (from Muddy Springs Road to Nazareth Road)

Nazareth Road (from South Lake Drive to Steele Pond Road)

North Lake Drive (from Lincreek Drive to the County Line) Oak Drive (from Cromer Road to Mineral Springs Road) Pisgah Church Road (from Hounds Run Drive to Barr Road)

Collectors: Amicks Ferry Road

Beechcreek Road

Beechwoods Drive (from the ID line to Old Cherokee Road)

Berl Mar Road

Cedar Road (from Mineral Springs Road to within 1600 feet of Augusta Road)

Cedar Grove Road (from Lewie Road to the ID line along Highway #378)

Coldstream Drive Collins Drive

Devil’s Backbone Road Dreher Island Road Fox Branch Road

Hebron Drive (from the ID line near Sunset Boulevard to the ID line on the east side of the road near Leaphart Road)

Innsbruck Drive Irmo Drive

Kitti Wake Drive (from Two Notch Road to Shirway Drive) Kyzer Road (from Nazareth Road to the ID line near Platt Springs Road)

Mineral Springs Road (from the ID line at Leaphart Road to the ID line on the west side of the road near Sunset

Boulevard)

Nursery Road (from Fork Avenue to Goldstone Drive) Old Chapin Road

Old Cherokee Road Peak Street

Pilgrim Church Road (from the ID line to Old Cherokee Road)

Rawl Road

Saint Peters Church Road (Chapin area)

Saint Peters Road (from Wise Ferry Road to the ID line) Shirway Drive (from the ID line on the east side of the road near Two Notch Road to the ID line on the east side of the road near Old Barnwell Road)

Shore Road (from Rembert Court to Shull Island Road) Smith Pond Road (from Calks Ferry Road to Norfolk Southern Railroad)

Spool Wheel Road (RD portion)

Spring Hill Road (from Calks Ferry to Saint Pauls Church Road)

Spring Hill Road (from CE Harmon Lane to Gilbert town limits)

Weed Drive (from North Lake Drive to Rawls Creek) Windmill Road (RD portion)

Wise Ferry Road (from the ID line to Beechcreek Road)

Locals: Beechcreek Road (from Old Cherokee Road to

Wise Ferry Road) Catawba Trail

Counts Ferry Road (from the ID line to the end of the road) Crockett Road

Foxglen Road Long Pine Road

Murray Lindler Road (from Old Lexington Highway to Old Bush River Road)

Nursery Road

Old Bush River Road (from Murray Lindler Road to Old Lexington Highway)

Old Bush River Road (from Sid Bickley Road to Wessinger Road)

Old Chapin Road Old Cherokee Road

Old Field Road (RD portion) Old Lexington Highway (Chapin)

Press Lindler Road Rocky Point Drive Shore Road Shull Island Road

Sid Bickley Road (from Old Bush River Road to Old Lexington Highway)

Tom Drafts Circle (RD portion)

Wessinger Road (from Old Bush River Road to Vernon Amick Road)

Westwoods Drive Windward Point Road Wise Ferry Road

Scenic Corridor 3s

Arterials: Augusta Highway

Augusta Road

Barr Road (from West Main Street to Hendrix Street) Bush River Road (from Lake Murray Boulevard to Langsdale Road)

Calks Ferry Road (from Highway #378 to Spring Hill Road) Calks Ferry Road (from Augusta Highway to Triangle Road)

Calks Ferry Road (from I-20 to Fairview Road) Chapin Road

Charleston Highway (from Cayce city limits to I-26) Charter Oak Road

Columbia Avenue (Chapin area)

Corley Mill Road (first 500 feet from North Lake Drive) Corley Mill Road (from Mountain Laurel Court to Sunset Boulevard)

Cromer Road (from English Drive to Sunset Boulevard) Edmund Highway (from South Congaree town limits to Airport Boulevard)

Edmund Highway (from South Congaree town limits to Pelion town limits)

Emanuel Church Road (from Kitti Wake Drive to West Dunbar Road)

Fairview Road

Highway #6 (from Edmund Highway to Swansea town limits)

Highway #178

Highway #378 (from West Main Street to Saluda County line)

Highway #321 (from Charleston Highway to Gaston town limits)

Lake Murray Boulevard Leaphart Road

Nazareth Road (from Calks Ferry Road to Steele Pond Road)

North Lake Drive (from Lincreek Drive to Lake Murray Boulevard)

North Lake Drive (from Sunset Boulevard to the Lake Murray Dam spillway)

Old Barnwell Road (from Old Orangeburg Road to Springdale town limits)

Old Orangeburg Road Peach Festival Road

Pine Street (from Pelion town limits to Aiken County) Pine Street (from West Dunbar Road to South Congaree

Pisgah Church Road (from Augusta Highway to Hounds Run Drive)

Platt Springs Road Pond Branch Road Priceville Road

Saint Andrews Road (from Irmo town limits to Richland County)

Savannah Highway

South Lake Drive (from Lexington town limits to Edmund Highway)

Southbound Road Sunset Boulevard

West Main Street (Lexington area)

Collectors: Andrew Corley Road (from North Lake Drive

to the ID line)

Beechwoods Drive (from Highway #378 to the ID line) Cedar Grove Road (from Augusta Highway to Lewie Road) Cedar Grove Road (from Highway #378 to the ID line) Hebron Drive (from the ID line to Sunset Boulevard) Hope Ferry Road (from Sunset Boulevard to the ID line) Kyzer Road (from Platt Springs Road to the ID line) Nursery Road (from Lake Murray Boulevard to Fork Avenue)

Old Barnwell Road (from South Lake Drive to Old Orangeburg Road)

Pilgrim Church Road (from North Lake Drive to the ID line) Saint Peters Road (from Highway #378 to the ID line) Shirway Road (from Old Barnwell Road to the ID line) Shore Road (from Highway #378 to Rembert Court) Spool Wheel Road (from Augusta Highway to the ID line) Spool Wheel Road (from Highway #378 to the ID line) Spring Hill Road (from Augusta Highway to CE Harmon Lane)

Spring Hill Road (from Augusta Highway to Saint Pauls Church Road)

Spring Hill Road (from Highway #378 to Calks Ferry Road) Weed Drive (from Rawls Creek to Nursery Road)

Windmill Road (from Augusta Highway to the ID line) Wise Ferry Road (from Augusta Highway to the ID line north of Highway #378)

Locals: Counts Ferry Road (from Highway #378 to the ID

line)

Muddy Springs Road

Murray Lindler Road (from Chapin Road to Old Lexington Highway)

Old Field Road (ID portion)

Sid Bickley Road (from Chapin Road to Old Bush River Road)

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Scenic Corridor Considerations:

• Adding, removing, or changing roads and classification

• Buffer requirements of amount/type of vegetation

• Buffer depth

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Title of Grant: Impaired Driving Countermeasures Project

Fund: NEW Department: 151235

No. No.

Type of Summary: Grant Application X

Type of Grant: Reimbursement X

Grant Period: to

Responsible Departmental Grant Personnel: Nandalyn Heaitey

Date Grant Information Released: Date Grant Application Due:

Grant Expenditures (Please attach a detailed budget with Excel spreadsheet, Overview, Line Item Narratives, etc.): Personnel

Operating * Application Amount:

Capital * Award Amount:

Total

Local Match Required: Yes No X

If Yes, What is the Percentage / Amount:

September 30, 2022

70,945.00

COUNTY OF LEXINGTON

Grant Request Summary Form

LE\Traffic 70,945.00 $ 70,945.00 $ -$ -$ Grant Award Block Highway Safety DUI Countermeasures

Title Title

October 1, 2021

May 19, 2021 June 30, 2021

% $ Amount

Requirements at the End of this Grant (please explain in detail): The project will be continued from County revenues and taxes

allocated to the Sheriff's Department in the FY budget appropriations.

Grant Overview: The Office of Highway Safety and Justice Programs is offering a special solicitation for funding an Impaired

Driving Countermeasures Project. This project will allow the payment of salaries and fringes for existing traffic officers to be paid at 100% for the hours dedicated to enforcing DUI and drug impaired driving. From October 1, 2015 to September 30, 2020, Lexington County reported 115 fatal DUI collisions resulting in 130 deaths, 110 serious DUI injuries and a total of 1,587 total DUI collisions. The Lexington County Traffic Division has already logged 63 DUI cases from October 1, 2020 to May 27, 2021. The highest number of DUI deaths by age group is 25 to 34, and males are the highest number of drivers contributing to DUI involvement. The efforts resulting from this project will aide in the identification and reduction of DUI traffic incidents to help make Lexington County a safer place for all who travel the highways and County roads.

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SECTION I

Fund: NEW

Division: Law Enforcement Organization: 151235 - TRAFFIC

Object Requested Recommend Approved

Code Revenue Account Title 2021-22 2021-22 2021-22

Revenues:

457000 Federal Grant Income 70,945

801000 Op Trn from General Fund/LE 0

** Total Revenue (Section II) 70,945

*** Total Appropriation (Section III) 70,945

Unused Contingency

FUND BALANCE

Beginning of Year 0

FUND BALANCE - Projected

End of Year 0

COUNTY OF LEXINGTON Annual Budget

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SECTION III COUNTY OF LEXINGTON

Fund: NEW

Division: Law Enforcement Organization: 151235 - TRAFFIC

BUDGET

Object Expenditure 2021-22 2021-22 2021-22

Code Classification Requested Recommend Approved

Personnel

510100 Salaries & Wages - (8%) 1 0 48,074

510199 Overtime 0 0

511112 FICA Cost - 7.65% 0 3,678

511114 Police Retirement (PORS) - 20.24% 0 9,730

511120 Insurance Fund Contribution - $7,800 0 7,800

511130 Workers Compensation - .0346 0 1,663

* Total Personnel 70,945 Operating Expenses

* Total Operating 0

** Total Personnel & Operating 70,945 Capital

** Total Capital 0

IMPAIRED DRIVING COUNTERMEASURES PROJECT Annual Budget

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FUND: NEW

LE/TRAFFIC (151235)

FY 2021-22 BUDGET REQUEST Page 1

__________________________________________________________

SECTION V. – PROGRAM OVERVIEW

The Lexington County Sheriff’s Department is a full-service law enforcement agency dedicated to serving over 298,750 citizens of Lexington County, South Carolina. The Lexington County Sheriff’s Department is responsible for law enforcement services for the entire county, which encompasses the municipalities and the counties within the Eleventh Judicial Circuit of the State. Lexington County also offers a diverse population and assorted transportation of two major Interstate Highways: I-26 and I-20. There are three main United States Highways that run through Lexington County: #378, #1, and #321 and numerous county roads. The Lexington County Sheriff’s Department is responsible for the 758 square miles made up of 699 square miles of land and 59 miles of water. There are

entertainment and recreation attractions that enhance the possibility of DUI traffic incidents. Traffic fatalities in Lexington County for the past five months in 2021 have totaled 17. For the years of 2015 to 2019, based on the analysis of the statistical staff of the Office of Highway Safety and Justice Programs, Lexington County ranks seventh in the State of South Carolina for fatal and severe injury collisions and third in the State for fatal and severe injury DUI alcohol and/or drug related collisions.

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A

PPOINTMENTS

B

OARDS

&

C

OMMISSIONS

J

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2021

DEBBIE SUMMERS

 Boards of Zoning Appeals – John Huffman – resigned 4/8/21 – term expires 12/31/21

pending qualified board nominee

TODD CULLUM

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AT-LARGE:

ACCOMMODATIONS TAX ADVISORY BOARD

 Lisa Health (Hospitality) – term expires 12/31/21 – resigned 1/9/21 –

pending

qualified board nominee

see attached Nomination Form for Kelsey D’Amico

CENTRAL MIDLANDS COUNCIL OF GOVERNMENTS

 Jeffrey S. Salters – term expires 6/15/21 – eligible for reappointment – not willing to

serve another term – pending qualified board nominee

HEALTH SERVICES DISTRICT BOARD

 2 appointments vacant

MIDLANDS WORKFORCE DEVELOPMENT

 Chip Fallaw – Representative of Community Based Organization – term expires

6/30/21 – eligible for reappointment –

willing to serve another term

 Eddie Codgill – Private/Business Sector – term expires 6/30/21 – not eligible for

reappointment –

see attached Nomination Form for Adam Korycki

RIVERBANKS PARK COMMISSION

 Mary T. Howard – term expires 7/31/21 –

pending qualified board nominee

see

attached Nomination Form for Jeffrey Reeves

WRECKER ROTATION BOARD

 Steven A. Smith – term expired 11/10/18 – not eligible for reappointment –

pending

qualified board nominee

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COUNTY OF LEXINGTON, SOUTH CAROLINA

ORDINANCE NO. 21-02

AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON APPLICATIONS AND ADMINISTRATIVE PROCESSING FOR APPROVAL OF

CERTAIN LARGE SCALE RESIDENTIAL SUBDIVISIONS AND

RESIDENTIAL ATTACHED LAND USE ACTIVITIES WITHIN THE UNINCORPORATED AREA OF LEXINGTON COUNTY; AND INVOKING APPLICATION OF THE PENDING ORDINANCE DOCTRINE.

WHEREAS, County Council determines and finds that the unincorporated area of

Lexington County is experiencing tremendous residential growth which is causing a strain on the infrastructure within the unincorporated area of the County; and

WHEREAS, County Council is in the process of updating the County Comprehensive

Plan, reviewing road classification throughout the unincorporated area of Lexington County, and reviewing the overall development standards within the unincorporated area of Lexington County; and

WHEREAS, County Council determines and finds that it would be beneficial for the

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WHEREAS, the Council further determines and finds that the benefits and effectiveness

of such a study will be aided and facilitated by a temporary moratorium on applications, and the administrative processing of such applications, for new large scale (a) residential subdivisions of ten lots or more, and (b) residential attached land use activities, as defined by Lexington County Zoning Ordinance; and

WHEREAS, the Council further determines and finds that a period of one hundred eighty

(180) days in duration is the minimum reasonable time needed to undertake and complete the review study contemplated by the Council; and

WHEREAS, the Council believes and finds that it is appropriate to establish, by this

Ordinance, a temporary moratorium period of one hundred eighty (180) days on the acceptance, processing, and grant of any approvals, permits or permissions, as described below; and

WHEREAS, Council finds that it is in the public interest to invoke the pending ordinance

doctrine upon first reading of this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Council of the County of Lexington,

in Council, duly assembled, as follows:

Section 1 – Moratorium on Development. All activities by the County, including County staff and any of the County’s agents or boards or commissions, in connection with the acceptance, review, processing and granting of applications for approvals, permits or permissions related to the development or construction of (a) residential subdivisions of 10 (ten) lots or more, and (b) residential attached land use activities, as defined by Lexington County Zoning Ordinance, all of which are within the unincorporated area of the County, are temporarily suspended and a temporary moratorium established in order for the County, through its officials and staff and any other agents or contractors, to have adequate time and opportunity to study, analyze, and make recommendations to the Council concerning the consequences and impact of large scale residential growth within the unincorporated area of the County. For purposes of determining whether a subdivision consists of 10 (ten) lots or more, the number of lots shall be determined by the number of lots in the entire planned subdivision development including all phases of the subdivision development. Section 2 – Moratorium Period. This temporary suspension and temporary moratorium shall remain in effect for one hundred eighty (180) days from the date of third reading of this Ordinance when it shall terminate.

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form and content as determined by the County staff, received by the County prior to the date of the beginning first reading of the adoption of this Ordinance, may be reviewed and processed by the County. Otherwise, the provisions of this Ordinance shall be effective under the pending ordinance doctrine from the date of approval of first reading.

Section 4 – Moratorium Extension. The Council, by subsequent Ordinance, may extend the temporary suspension and temporary moratorium for a further time period upon appropriate findings.

DONE IN MEETING DULY ASSEMBLED, this __________day of __________, 2021.

M. Todd Cullum, Chairman Lexington County Council ATTEST:

____________________________________ Brittany Shumpert, Clerk

First Reading: 05/6/21 Public Hearing: 05/25/21 Second Reading: 06/08/21

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O

RDINANCE

21-03

A

N

O

RDINANCE

A

DOPTING AN

A

NNUAL

B

UDGET FOR

F

ISCAL

Y

EAR

2021-2022

WHEREAS, South Carolina Code§ 4-9-120 and § 4-9-130 require that County Council shall adopt an annual budget; and

WHEREAS, the annual budget shall be based upon estimated revenues and shall provide appropriations for County operations and debt service for all County departments and agencies.

NOW, THEREFORE, be it ordained and enacted by the Lexington County Council as follows:

SECTION 1 - GENERAL

The Fiscal Year 2021-2022 County budget for Lexington County, South Carolina, a copy of which is attached hereto and incorporated herein by way of reference, is hereby adopted.

SECTION 2 - COUNTY-WIDE TAX LEVY

There shall be levied, for County operations and for County designated millage agencies (Midlands Technical College) on all taxable property in Lexington County, sufficient taxes to fund the referenced budget in the number of mills allowed in Code Section 6-1-320.

County Ordinary 24.557 Law Enforcement 33.593 Fire Service 21.625 Library 5.919 Solid Waste 7.544 Indigent Care .479

Total County Operating Millage 93.717 Midlands Technical College 2.833

Midlands Tech - Capital 1.339

SECTION 3 - DEBT SERVICE TAX LEVY

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SECTION 4 - SPECIAL PURPOSE DISTRICT TAX LEVY

There shall be levied, for the special purpose districts (Lexington County Recreation and Aging Commission, Irmo-Chapin Recreation Commission, and Irmo Fire District) on all taxable property in their respective districts, sufficient taxes to fund their respective budgets in the number of mills, allowed in Code Section 6-1-320.

Lexington Recreation Commission 11.728 Irmo-Chapin Recreation Commission 12.682

Irmo-Fire District 19.325

Hollow Creek Watershed 1.529

SECTION 5 - BUDGETARY ESTIMATES

Anticipated revenues are stated as estimates and the respective appropriations are maximum and conditional. Should actual funding sources for any such fund be less than projected, the Administrator shall reduce budgeted expenditures attributable to said fund.

SECTION 6 - BUDGETARY CONTROL

Departments and/or other organizational units are bound to the appropriated expenditures incorporated herein. Upon the written request of the department head, the County Administrator, or his designated representative, is hereby authorized to effect transfers between line items.

On January 26, 2016, Lexington County Council approved the Lexington County Financial Management Practices, also known as the Fiscal Policies. These policies are used as a guide for financial management practices and procedures. The policies will be reviewed on an annual or as needed basis to make sure that they stay current.

SECTION 7 - LINE ITEM CARRYOVERS

Any line items previously appropriated and/or properly encumbered as of June 30, 2021 shall be carried forward as an appropriation of fiscal year 2021-2022 upon the recommendation of the County Administrator, and by passage of a budgetary amendment resolution by County Council.

SECTION 8 - NEW GRANTS

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SECTION 10 - LINE OF CREDIT AUTHORIZATION

From time to time it may be necessary for the administration of the County (or any other agency for which the County levies taxes) to borrow in anticipation of tax revenues to guarantee continuity in regular operations. To provide for such contingencies, the administration of the county (or the respective agencies) is hereby authorized to borrow in anticipation of ad valorem tax collections. Such authorization may only be exercised upon certification of need by both the County Treasurer and the Chief Financial Officer (or the CEO of the agency) and any amount borrowed must be obtained at the lowest possible interest rate and repaid as quickly as practical.

SECTION 11 - All appropriations, except those appropriations required by law, are subject to the availability of funds.

SECTION 12 - SEVERABILITY

If for any reason any provision of this Ordinance shall be declared invalid or unconstitutional, such shall not affect the remaining provisions of this Ordinance.

If for any reason any provision of this Ordinance shall be declared invalid or unconstitutional, such shall not affect the remaining provisions of this Ordinance.

This Ordinance shall become effective July 1, 2021. Enacted this __________ day of ______________, 2021.

{SEAL}

_____________________________________ M. Todd Cullum, Chairman

ATTEST:

_____________________________________ Brittany M. Shumpert, Clerk

First Reading: April 27, 2021 Public Hearing: May 25, 2021 Second Reading: June 8, 2021 Third Reading: ______________

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NO. 21-05

ORDINANCE

AN ORDINANCE AUTHORIZING PURSUANT TO CHAPTER 44 OF TITLE 12, SOUTH CAROLINA CODE OF LAWS, 1976, AS AMENDED, THE EXECUTION AND DELIVERY OF A FEE AGREEMENT BETWEEN LEXINGTON COUNTY, SOUTH CAROLINA AND CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC., FORMERLY KNOWN AS PROJECT CHERRY; THE ADDITION OF PROPERTY TO A MULTI-COUNTY INDUSTRIAL PARK; AND MATTERS RELATING THERETO.

WHEREAS, Lexington County (the “County”), a public body corporate and politic under the laws of the State of South Carolina has, by an Inducement Resolution adopted on April 13, 2021 (the Resolution”), taken official action to identify the project (as defined below) for purposes of applicable fee-in-lieu of taxes statutes and otherwise;

WHEREAS, the County desires to enter into a fee agreement (the “Fee Agreement”) with CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC. (the “Company”), which shall provide for payments of fees-in-lieu of taxes for a project qualifying under the provisions of Title 12, Chapter 44 of the Code of Laws of South Carolina 1976, as amended (the “Act”);

WHEREAS, the County and the Company desire to enter into a Fee Agreement concerning the location of a facility in the County which will consist of certain real property and personal property including all equipment, furnishings and other personal property required by the Company and any and all activities relating thereto (which properties constitute a project under the Act and are referred to herein as the “Project”). The Project is expected to provide significant economic benefits to the County and surrounding areas. In order to induce the Company to locate the Project in the County, the County has agreed to charge a fee-in-lieu of taxes with respect to the Project and otherwise make available to the Company the benefits intended by the Act;

WHEREAS, Lexington County Council (the “County Council”) has caused to be prepared and presented to the County Council the Fee Agreement between the County and the Company, which the County shall execute and deliver;

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Section 1. Pursuant to the Act and particularly Section 12-44-40(H) and (I) thereof, the County Council has made and hereby makes the following findings:

(a) The Project constitutes a “project” as said term is referred to and defined in Section 12-44-30 of the Act;

(b) It is anticipated that the Project will benefit the general public welfare of the County by providing services, employment and other public benefits not otherwise adequately provided locally;

(c) The purposes to be accomplished by the Project are proper governmental and public purposes;

(d) It is anticipated that the cost of planning, designing, acquiring, constructing and completing the Project will require expenditures of not less than $5,000,000;

(e) The benefits of the Project to the public are greater than the costs to the public; (f) Neither the Project nor any documents or agreements entered into by the County in connection therewith will give rise to any pecuniary liability of the County or incorporated municipality or to any charge against its general credit or taxing power; and

(g) Having evaluated the purposes to be accomplished by the Project as proper governmental and public purposes, the anticipated dollar amount and nature of the investment to be made, and the anticipated costs and benefits to the County, the County has determined that the Project is properly classified as economic development property.

Section 2. In order to promote industry, develop trade and utilize the manpower, agricultural products and natural resources of the State, the form, terms and provisions of the Fee Agreement which is attached hereto and shall be executed and filed with the Clerk to County Council and which comply with the terms of the aforementioned Inducement Resolution are hereby approved and all of the terms, provisions and conditions thereof are hereby incorporated herein by reference as if the Fee Agreement was set out in this Ordinance in its entirety. The Chair of County Council and the Clerk to County Council be and they are hereby authorized, empowered and directed to execute, acknowledge and deliver to the Company the Fee Agreement, together with such revisions or changes as are not materially adverse to the County.

Section 3. The Chair of County Council and the Clerk to County Council, for and on behalf of the County, are hereby each authorized and directed to do any and all things necessary to effect the execution and delivery of the Fee Agreement in a form substantially identical to the terms contemplated herein and the performance of all obligations of the County under and pursuant to the Fee Agreement.

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Section 5. This Ordinance shall be construed and interpreted in accordance with the laws of the State of South Carolina.

Section 6. The provisions of this Ordinance are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions hereunder.

Section 7. All orders, resolutions, ordinances and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Ordinance shall take effect and be in full force from and after its passage and approval.

DONE, RATIFIED AND ADOPTED this ______ day of ___________, 2021.

LEXINGTON COUNTY, SOUTH CAROLINA

________________________________________ M. Todd Cullum,

Chair of Lexington County Council ATTEST:

By:________________________________ Brittany M. Shumpert

Clerk to Lexington County Council

First Reading: April 13, 2021 Public Hearing: May 25, 2021 Second Reading: June 8, 2021 Third Reading: ____________

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HSB: 6735052

FEE AGREEMENT

BETWEEN LEXINGTON COUNTY, SOUTH CAROLINA

AND

CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC.

DATED AS OF

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TABLE OF CONTENTS

PAGE

FEE AGREEMENT ...1 ARTICLE I RECAPITULATION AND DEFINITIONS ...2 SECTION 1.1. Statutorily Required Recapitulation ...2 SECTION 1.2. Rules of Construction; use of Defined Terms ...2 SECTION 1.3. Definitions ...2 ARTICLE II LIMITATION OF LIABILITY; INDUCEMENT ...5 SECTION 2.1. Limitation of Liability ...5 SECTION 2.2. Inducement ...5 ARTICLE III REPRESENTATIONS, WARRANTIES AND CONVENANTS...5 SECTION 3.1. Representations and Warranties of the County ...5 SECTION 3.2. Covenants by the County ...6 SECTION 3.3. Representations and Warranties of the Company ...6 SECTION 3.4. Filings & Reports ...7 ARTICLE IV COMMENCEMENT AND COMPLETION OF THE PROJECT ...8 SECTION 4.1. The Project ...8 SECTION 4.2. Diligent Completion ...8 SECTION 4.3. Modifications to Project ...8 ARTICLE V LIEU-OF-TAXES; DISPOSITION OF

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FEE AGREEMENT

THIS FEE AGREEMENT (“Fee Agreement”) is made and entered into as of ________________, 2021, by and between LEXINGTON COUNTY, SOUTH CAROLINA (the “County”), a body politic and corporate and a political subdivision of the State of South Carolina, acting by and through its County Council (the “County Council”) as governing body of the County, and CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC. (“the Company”).

W I T N E S S E T H:

WHEREAS, the County is authorized by Title 12, Chapter 44, Code of Laws of South Carolina, 1976, as amended (the “Act”), to enter into a Fee Agreement with companies meeting the requirements of such Act which identifies certain property of such companies as economic development property to induce such companies to locate in the State and to encourage companies now located in the State to expand their investments and thus make use of and employ manpower and other resources of the State;

WHEREAS, pursuant to the Act, the County finds that (a) it is anticipated that the Project (as defined herein) will benefit the general public welfare of the County by providing services, employment and other public benefits not otherwise adequately provided locally; (b) neither the Project nor any documents or agreements entered into by the County in connection therewith will give rise to any pecuniary liability of the County or incorporated municipality or to any charge against its general credit or taxing power; (c) the purposes to be accomplished by the Project are proper governmental and public purposes; and (d) the benefits of the Project to the public are greater than the costs to the public;

WHEREAS, pursuant to an Inducement Resolution dated April 13, 2021 (the “Inducement Resolution”) the County committed to enter into a fee agreement with the Company which shall provide for payments of fees-in-lieu of taxes for a project qualifying under the Act using an assessment ratio of 6%, a fixed millage rate of 515.621 for 20 years, and to take such action as is required to place the Project in a multi-county ind ustrial park, provided the Company invests $5 million in the Project; and

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ARTICLE I

RECAPITULATION AND DEFNITIONS

SECTION 1.1. Statutorily Required Recapitulation. Pursuant to Section 12-44-55(B), the County and the Company agree to waive the recapitulation requirements of Section 12-44-55. If the Company should be required to retroactively comply with the recapitulation requirements of Section 12-44-55, then the County agrees to waive all penalties and fees of the County for the Company’s noncompliance.

SECTION 1.2. Rules of Construction; use of Defined Terms. Unless the context clearly indicates otherwise, in this Fee Agreement words and terms defined in Section 1.3 hereof are used with the meanings ascribed thereto. The definition of any document shall include any amendments to that document, unless the context clearly indicates otherwise.

From time to time herein, reference is made to the term taxes or ad valorem taxes. All or portions of the Project will be located in a Multi-County Industrial Park and are exempt from ad

valorem taxation under and by virtue of the provisions of Paragraph D of Section 13 of Article

VIII of the S.C. Constitution (the “MCIP Provision”). With respect to facilities located in a Multi-County Industrial Park, references to taxes or ad valorem taxes means the payments-in-lieu-of-taxes provided for in the MCIP Provision, and, where this Fee Agreement refers to payments of taxes or Payments-in-Lieu-of-Taxes to County Treasurers, such references shall be construed to mean the payments to the counties participating in such a Multi-County Industrial Park.

SECTION 1.3. Definitions.

“Act” means Title 12 Chapter 44, Code of Laws of South Carolina 1976, as in effect on the date hereof and, to the extent such amendments are specifically made applicable to this Fee Agreement or the Project, as the same may be amended from time to time; provided that if any such amendment shall be applicable only at the option of the County or the Company, then such amendment shall only be applicable with the consent or at the request of the Company.

“Applicable Governmental Body” means each governmental entity within the State having jurisdiction over or the right to approve or disapprove any or all of the Documents.

“Chair” means the Chair of County Council (or the person or persons authorized to perform the duties thereof in the absence of the Chair).

“Clerk” means the Clerk of County Council (or the person or persons authorized to perform the duties thereof in the absence of the Clerk).

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property tax year which is three years from the year in which the County and the Company have entered into this Agreement.

“Company” means Concentrated Active Ingredients & Flavors, Inc. and any surviving, resulting, or transferee entity in any merger, consolidation, or transfer of assets; or any other person or entity that may succeed to the rights and duties of the Company.

“County Council” means the County Council of the County.

“County” means Lexington County, South Carolina, and its successors and assigns. “Documents” means the Ordinance, this Fee Agreement and the Multi-County Industrial and Business Park Agreement.

“DOR” means the South Carolina Department of Revenue and any successor thereto. “Equipment” means all machinery, apparatus, equipment, fixtures, office facilities, furnishings and other personal property to the extent such property becomes a part of the Project under this Fee Agreement.

“Event of Default” shall mean any Event of Default specified in Section 9.1 of this Fee Agreement.

“Fee Agreement” means this Fee Agreement dated as of ______________, 2021, between the County and the Company.

“Fee Term” shall mean the duration of this Fee Agreement with respect to each Stage of the Project as specified in Section 5.3 hereof.

“Improvements” shall mean all improvements to the Real Property, including buildings, building additions, roads, sewer lines, and infrastructure, together with any and all additions, fixtures, accessions, replacements, and substitutions thereto or therefor used or to be used in the County for the purposes described herein; provided, however, that repairs, alterations, or modifications to real property which is not economic development property or property subject to a fee in lieu of taxes prior to this Fee Agreement, are not eligible to become Economic Development Property, except for modifications which constitute an expansion of existing real property improvements and except as otherwise permitted by Section 12-44-110 of the Act.

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HSB: 6735052

“Multi-County Industrial and Business Park” means an industrial and business park established for inclusion of the Project pursuant to the Multi-County Industrial and Business Park Agreement pursuant to Section 4-1-170 of the Code of Laws of South Carolina 1976, as amended, and Article VIII, Section 13, paragraph D of the Constitution of South Carolina.

“County Industrial and Business Park Agreement” shall mean the Multi-County Industrial and Business Park Agreement dated December 11, 1995 and all amendments thereto between the County and Calhoun County.

“Ordinance” means the Ordinance adopted by the County on ___________, 2021, authorizing this Fee Agreement.

“Payments-in-Lieu-of-Taxes” means the payments to be made by the Company pursuant to Section 5.1 of this Agreement.

“Project” shall mean the Equipment, Improvements, and/or Real Property, which is eligible for inclusion as economic development property under the Act and become subject to this Fee Agreement. The parties agree that Project property shall consist of such property so properly identified by the Company in connection with its annual filing with the DOR of a SCDOR PT-300, or such comparable form, and with such schedules as the DOR may provide in connection with projects subject to the Act (as such filing may be amended or supplemented from time to time) for each year within the Investment Period.

“Real Property” shall mean real property that the Company uses or will use in the County for the purposes that Section 2.2(b) describes, and initially consisting of the land identified on Exhibit A hereto, together with all and singular the rights, members, hereditaments, and appurtenances belonging or in any way incident or appertaining thereto, and any improvements located thereon.

“Replacement Property” means any property acquired or constructed after the Investment Period as a replacement for any property theretofore forming a part of the Project and disposed of, or deemed disposed of, as provided in Section 5.2 hereof.

“Stage” in respect of the Project shall mean the year within which Project property, if any, is placed in service during each year of the Investment Period.

“State” means the State of South Carolina.

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ARTICLE II

LIMITATION OF LIABILITY; INDUCEMENT

SECTION 2.1 Limitation of Liability. Any obligation which the County may incur for the payment of money as a result of the transactions described in the Documents shall never constitute an indebtedness of the County within the meaning of any State constitutional provision or statutory limitation and shall never create a pecuniary liability of the County or a charge upon its general credit or against its taxing powers but shall be payable solely out of the funds received by it under the Documents.

SECTION 2.2. Inducement. The County and the Company acknowledge that pursuant to the Act, upon execution of this Fee Agreement, no part of the Project will be subject to ad valorem property taxation in the State, and that this factor, among others, has induced the Company to enter into this Fee Agreement.

ARTICLE III

REPRESENTATIONS, WARRANTIES AND COVENANTS

SECTION 3.1 Representations and Warranties of the County. The County makes the following representations and warranties to the Company and covenants with the Company as follows:

(a) The County is a body politic and corporate and a political subdivision of the State and is authorized and empowered by the Act to execute the Documents to which it is a party and to fulfill its obligations described in the Documents. By proper action, the County Council has duly authorized the execution and delivery of the Documents to which the County is a party and has taken all such action as is necessary to permit the County to enter into and fully perform the transactions required of it under the Documents.

(b) Neither the execution and delivery of the Documents, nor the consummation and performance of the transactions described in the Documents, violate, conflict with or will result in a breach of any of the material terms, conditions or provisions of any agreement, restriction, law, rule, order or regulation to which the County is now a party or by which it is bound.

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HSB: 6735052

execution, delivery and performance of such of the Documents as require execution, delivery and performance by the County has been repealed, revoked, amended or rescinded.

(e) All consents, authorizations and approvals required on the part of the County, State and all other Applicable Governmental Bodies in connection with the execution, delivery and performance by the County of such of the Documents as require execution, delivery and performance by the County have been obtained and remain in full force and effect as of the date hereof or will be obtained.

(f) The Project constitutes a “project” within the meaning of the Act.

(g) By due corporate action, the County has agreed that, subject to compliance with applicable laws, each item of property comprising the Project shall be considered economic development property under the Act.

(h) The Documents to which the County is a party are (or, when executed, will be) legal, valid and binding obligations of the County enforceable against the County under present law in accordance with their respective terms, except as such terms may be limited by laws affecting creditors’ rights generally.

SECTION 3.2. Covenants by the County. The County covenants with the Company as follows:

(a) The County agrees to do all things deemed reasonably necessary as requested by the Company in writing in connection with the Project including but not limited to the execution, delivery and performance of its obligations in the Documents and in accordance with the Act, all for the purposes of promoting industrial development, developing trade, and utilizing and employing the manpower and natural resources of the County and the State. Except as reasonably believed to be required by the County in the performance of its duties under statute or law, the County will take no action with respect to the Project unless authorized or requested to do so by the Company.

(b) Upon receipt of written request from the Company, the County agrees to consider any request the Company may make for an extension of the Investment Period in accordance with and up to the limits permitted under Section 12-44-30(13) of the Act. Such extension may be provided by a resolution of County Council. Upon the granting of any such extension the County agrees to cooperate with the Company by filing with the DOR a copy of such extension within 30 days of the date of execution thereof by the County. Such extension may be provided by a resolution of County Council.

SECTION 3.3. Representations and Warranties of the Company. The Company makes the following representations and warranties to the County:

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and to fulfill its obligations described in the Documents and, by proper corporate action, has authorized the execution and delivery of the Documents to which it is a party.

(b) Neither the execution and delivery of the Documents to which the Company is a party, nor the consummation and performance of the transactions described in the Documents violate, conflict with, or will, to its knowledge, result in a material breach of any of the material terms, conditions or provisions of any agreement, restriction, law, rule, order or regulation to which the Company is now a party or by which it is bound.

(c) There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any judicial or administrative court or agency, public board or body, pending or threatened, against or affecting the Company wherein an unfavorable decision, ruling or finding would adversely affect the Company or the consummation of the transactions described in the Documents.

(d) All consents, authorizations and approvals required on the part of the Company in connection with the Documents and the transactions contemplated thereby and the acquisition, construction and installation of the Project have been obtained and remain in full force and effect or will be obtained.

(e) The Documents to which the Company is a party are (or, when executed, will be) legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except as such terms may be limited by laws affecting creditors’ rights generally.

(f) The cost of the Project will exceed the minimum promised investment of $5,000,000. The Company will also create at least 20 new jobs in the County at the Project. In order to continue receiving the benefits of this Fee Agreement, the Company agrees that a majority of operations at the Project must be manufacturing prior to the end of the Investment Period. If the Company has not reached the point at which a majority of operations at the Project are manufacturing as of such time, the Company may request an extension of time, which is in the sole discretion of the County.

(g) The Company will pay all reasonable costs of the County, including attorney’s fees, incurred in connection with the authorization, execution and delivery of this Fee Agreement.

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