TO ASSIGN ALL RIGHTS, TITLE AND INTEREST IN AND TO A PORTION OF THAT CERTAIN UNCODIFIED ORDINANCE TO THE CODE OF THE COUNTY OF SPARTANBURG NO

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1 NO. O-6- AN ORDINANCE TO ASSIGN ALL RIGHTS, TITLE AND INTEREST IN AND TO A PORTION OF THAT CERTAIN UNCODIFIED ORDINANCE TO THE CODE OF THE COUNTY OF SPARTANBURG NO. O-3-33 CERTIFYING A PORTION OF DRAYTON MILL AS A TEXTILE MILL SITE UNDER THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT FROM PACOLET-MILLIKEN ENTERPRISES, INC. TO DRAYTON MILLS LIVING LLC WHEREAS, the Spartanburg County Council has previously passed and approved that certain Ordinance To Add an Uncodified Ordinance To The Code of the County of Spartanburg to Certify Drayton Mill as a Textile Mill Site Under The South Carolina Textiles Communities Revitalization Act, No. O-3-3 (the Original Textile Mill Site Ordinance ), pursuant to which certain portions of the abandoned textile manufacturing facility located in the County of Spartanburg, State of South Carolina, formerly known as the Drayton Mill ( Drayton Mill ) were certified as a textile mill site in compliance with the certification requirements set forth in Section to the South Carolina Textiles Communities Revitalization Act (Chapter 65 of Title 2 of the South Carolina Code) (the Textile Mill Statute ); WHEREAS, Pacolet-Milliken Enterprises, Inc. ( Developer ) has sold, transferred and conveyed a portion of Drayton Mill more particularly described and identified by tax map number on a document attached hereto as Exhibit A and depicted on the map attached hereto as Exhibit B (the Drayton Mills Living Property ) to Drayton Mills Living LLC, a South Carolina limited liability company ( DML ); and WHEREAS, DML is in the process of redeveloping the Drayton Mills Living Property, which is anticipated to qualify for tax credits pursuant to the Textile Mill Statute, and has requested an assignment of the Original Textile Mill Site Ordinance with respect to the certification of the Drayton Mills Living Property as a Textile Mill Site pursuant to Section of the Textile Mill Statute; and WHEREAS, the Textile Mill Statute permits a Textile Mill Site to be subdivided into separate parcels, which parcels may be owned by the same taxpayer or different taxpayers, and each parcel is deemed to be a separate Textile Mill Site in accordance with Section () of the Textile Mill Statute; and WHEREAS, the Spartanburg County Council has, after careful investigation and due deliberation, determined that the assignment of the Original Textile Mill Site Ordinance with

2 respect to the certification of the Drayton Mills Living Property as a Textile Mill Site pursuant to Section of the Textile Mill Statute to DML is appropriate and consistent with the expectations and best interests of the County of Spartanburg, and the County agrees to provide an ordinance to that effect. NOW THEREFORE, BE IT ORDAINED by the Spartanburg County Council: SECTION. That all recitals hereof are true and correct and a part of this Ordinance. SECTION 2. That all rights, title and interest in and to the Original Textile Mill Site Ordinance, to the extent it relates to the certification of the Drayton Mills Living Property as a Textile Mill Site pursuant to Section of the Textile Mill Statute, are hereby assigned, transferred and conveyed to DML to the same extent as if DML had been named Developer in the Original Textile Mill Site Ordinance, including without limitation: (a) That the Drayton Mills Living Property was a facility that was last used for textile manufacturing, dying or finishing operations and for ancillary uses to those operations (i.e. a textile mill ) as more particularly defined in Section (3) of the Textile Mill Statute. (b) That the Drayton Mills Living Property was abandoned in 995 as defined in Section () of the Textile Mill Statute. (c) That the Drayton Mills Living Property as described and listed on Exhibit A attached hereto and as depicted on the map attached hereto as Exhibit B constitutes a Textile Mill Site consistent with Section (4) of the Textile Mill Statute. (d), 204. That the Drayton Mills Living Property was acquired by DML on November (e) That in accordance with Section (D), (i) the facility has not previously received tax credits under the Textile Mill Statute, and (ii) DML did not own the Textile Mill Site when it was operational or immediately prior to its abandonment. SECTION 3. That this Ordinance is intended to comply with the certification requirements set forth in Section to the Textile Mill Statute with respect to the Drayton Mills Living Property.

3 SECTION 4. This ordinance shall take effect upon third reading approval. SPARTANBURG COUNTY COUNCIL (SEAL) Signature: Name: Title: Jeffrey A. Horton County Council Chairman ATTEST: Signature: Name: Title: Katherine L. O Neill County Administrator First reading: Second reading: Third Reading:

4 EXHIBIT A DRAYTON MILLS LIVING PROPERTY Legal Description All that lot, piece or parcel of land, located in the State of South Carolina, County of Spartanburg, lying on the north side of Drayton Road, being shown and designated as Parcel A, containing.249 acres, more or less, on plat of survey made for Pacolet Milliken Enterprises, Inc. dated July 5, 204 recorded in Plat Book 68, page 956 in the office of the Register of Deeds for Spartanburg County, to which plat reference is made for a more complete and perfect description. BEING the same property conveyed to Drayton Mills Living LLC by Deed dated November, 204, and recorded November 4, 204, in Deed Book 07-N at Page 587 in the Office of the Register of Deeds for Spartanburg County, South Carolina. TMS: PIN # Parcels Identified in the Original Textile Mill Site Ordinance Location Map Number Spartanburg County PIN Use Description Main mill buildings Water tanks The two buildings in which the weaving and spinning operations took place Water storage for fire protection

5 EXHIBIT B [attached]

6 EXHIBIT A DRAYTON MILLS LIVING PROPERTY Legal Description All that lot, piece or parcel of land, located in the State of South Carolina, County of Spartanburg, lying on the north side of Drayton Road, being shown and designated as Parcel A, containing.249 acres, more or less, on plat of survey made for Pacolet Milliken Enterprises, Inc. dated July 5, 204 recorded in Plat Book 68, page 956 in the office of the Register of Deeds for Spartanburg County, to which plat reference is made for a more complete and perfect description. BEING the same property conveyed to Drayton Mills Living LLC by Deed dated November, 204, and recorded November 4, 204, in Deed Book 07-N at Page 587 in the Office of the Register of Deeds for Spartanburg County, South Carolina. TMS: PIN # Parcels Identified in the Original Textile Mill Site Ordinance Location Map Number Spartanburg County PIN Use Description Main mill buildings Water tanks The two buildings in which the weaving and spinning operations took place Water storage for fire protection

7 Figure : Location Map of Ancillary Uses KEY. Drayton Mill Buildings 2. Fire Protection & Cooling Reservoir 3. Mill Reservoir Supply Pipe 4. Water Supply Pond 5. Water Pressure Tanks & Lines 6. Community Building 7. Recreation Field 8. Ball Park 9. Wastewater Treatment 0. Employee Parking. Rail Spur 2. Water Towers 3. Company Store & Offices 4. Employment Office 5. Warehouses 6. Road to Ball Park 7. Road to Water Supply Pond Corporate Drive, Suite A Spartanburg, SC Map created: 23 August 203 Map created by: Pacolet Milliken Enterprises, Inc Map is for illustrative purposes only; survey required to for verification. The Drayton Mill & Ancillary Uses Spartanburg County, SC For Certification under the South Carolina Textiles Communities Revitalization Act LEGEND PME properties acquired before December 3, 2007 PME properites acquired after January, 2008 Portions of parcels PME not within,000 of approved ancillary use Ancillary Uses for the Drayton Mill