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BYLAWS
OF THE CRESCENT PROPERTY OWNERS' ASSOCIATION, INC.
ARTICLE I ASSOCIATION
The following ·Bylaws shall govern the operation of The Crescent Property· Owners' Association, Inc. Association. In conjunction with the development of The Crescent Section 1. subdivision as shown on the plat recorded in the Beaufort County Register of Deeds Office in Plat Book 66 at Page 156 e'Property''), a South Carolina non profit corporation known as The Crescent Property Owners' Association, Inc. has bee!! formed ("Association"). The offices ofthe Association shall be at the offices of Centex Homes, a Nevada general partnership ("Declarant"), located at 2019 Park Street, Columbia, South Carolina 29201, or such other place as may be subsequently designated by the Board of Directors of the Association. . Section 2. Bylaws Applicability. The provisions of these Bylaws are applicable to the Association. All terms used herein and not othexwise defined shall have the meaning ascribed to them in the Covenants ~for the Property which were recorded in the Beaufort County Register of Deeds Office in Official Record Book }\ at Page f (''Covenants").
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Section 3. Personal Application. All present or future Owners, tenants, or their employees, or any other person who might use the Property in any manner, are subject to these Bylaws as they may be amended from time to time. The acquisition or rental of any Homesite, or the act of occupancy of any of any Homesites, will signify that these Bylaws, and any authorized amendments to the foregoing are accepted and ratified, and will be complied with by the Homesite Owner, lessor, their guests or invitees. ARTICLE IT VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES
Section 1. Eli~]>ility. Any Owner is deemed to have consented to be a Member of the Association. There shall be one membership for each Homesite owned. Transfer of ownership of a Homesite, either voluntary or by operation of law, shall terminate membership in the Association, · and said membership becomes vested in the transferee. When more than one Person is a Class A Member by virtue of an ownership interest in the same Homesite, the vote for such Homesite shal1 be exercised as they among themselves determine, but in no event shall more than one vote be cast [170430.2:
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With respect to any Homesite. In the event of disagreement among such Persons and an attempt by two or more of them to cast the vote of such Homesite, such persons shall not be recognized and the
vote of such Homesite shall not be counted Section2. Covenants.
Votini. Voting shall be done in accordance with Section 4.03 of the
Section 3. Majority Vme. As used in these Bylaws, the term Majority Vote shall mean fifty-one percent (51%) or more of the total number of Class A and Class B votes. " Section 4. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of a Majority Vote as defined in Section 3 of this Article shall constitute a ·quorum.
Section 5. Eroxies. Member votes may be cast in person or by proxy. Proxies must be filed with the Secretary of the Association before the appointed time of each meeting. Sectioh 6..·. Voting.Of Members. The vote. of a majority of the Class A and Class B Members' votes represented at any meeting at which a quorum shall be present shall be binding upon all Owners for all pwposes except where in the Covenants, or in these Bylaws, or by law~ a higher percentage vote is required. ARTICLE Ill
TilE CRESCENT HOMEOwNERS ASSOCIATION, INC. Section 1. Association Responsibilities. The Association shall have the responsibility .of adminiStering the Property and electing the Board of Directors. Section 2. Place QfMeetin.~:s- All meetings of the Association shall be at the offices ofthe Association, or at such other place as designated by the Board ofDirectors or the Management Agent and stated in flie notice of me~ting. . Annua:l Meetings. The annual meetings of the Association shall be held once Section 3. a year during the month of December or at such other time as a majority of the OWners may agree upon. At such meetings there shall be elected by ballot of the Owners a Board of Directors in accordance with the requirements of Section 5 of Article N of these Bylaws, and there shall be a ,report by the President or Secretary-Treasurer on the activities and financial condition of the Association. The Owners may also transact such other business of the Association as may properly come before them.
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Section 4. Special Meetin£S. It shall be the duty of the Secretary to call a special meeting of the Owners as directed by: (i) resolution of the Board of Directors; (ii) at the request by a majority of the Directors; (iii) or upon a petition signed by twenty percent (20%) of the Owners and presented to the Secretary. A notice of any special meeting shall state the time and place of such meeting and the purpose or purposes thereof. No business shall be transacted at a special Il:leeting ':except as stated in the notice. If an Owner intends to raise a matter at a special meeting, said Owner ·. shall submit such request in writing to the Secretary or President at least ten (1 0) days before the date notice is to be mailed to the Owners in order for such matter to b~ included in the Notice of Special · ''Meeting. Section 5. ofDecember, 1999.
First Meetin~. The. first meeting of the Association shall be held in the month
Section 6. Notice Of Meetings. It shall be the duty of the Secretary to mail a notice of . :each annual or special meeting, stating the purposes thereof as well as the time and place where it is to be held, to each Owner of record at least fifteen (15), but not more than sixty (60) days prior to such meeting. The mailing of a notice in the manner provided in. this Section 6 shall be considered notice served. The notice of meeting shall include any matters the Owners intend to raise at the meeting if a request is submitted to the Secretary or President in writing at least ten ( l 0) days prior to notice being mailed, which requests sets forth the matters to be raised.
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Section 7. Quorum ReJ;JuiremenK A Majority of the Owners present in person or by proxy constitutes a quorum for any meeting purpose.
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Section 8.
Adjourned Meetin&. If any nieeting ofthe Association cannot be organized
b~ause a quorum
has not attended, the Owners who are present, either in person or by proxy, may aajoum the meeting to a time not less than tbrty-eight (48) hours from the time the original meeting ~~ called. The time, date, and place of the meeting shall be set and arinounced before adjournment of the first meeting. Upon the reconvening of said meeting a quorum shall be constituted if thirty p~cent (30%) of the Owners are present in person or by proxy at said reconvened meeting. Qrder Of Business. The order of business at all Annual Meetings of the Section 9. ssociation shall be as follows:
(a) (b)
(c) (d) (e) (f)
(g) (h) (i)
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Roll Call. Proof of Notice of Meeting or Waiver of Notice. Reading ofMinutes ofPreceding Meeting. Reports of Officers. Reports of Committees. Election oflnspectors of Election. .Election of Directors. Unfinished Business. New Business.
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The order ofbusiness at a Special Meeting of the Association shall include items (a) through (d) above, and thereafter, the agenda shall consist of the items specified in the notice of meeting. Section 10. Record Date. The Board ofDirectors shall tix a record date for detennining Qwil.ers entitled to notice of and to vote at each annual or special meeting. Such record date shall be at:least ten {10) days, but not more than forty (40) days before the meeting. Only Owners holding title to Homesites as reflected in the Beaufort County records on the record date shall be entitled to notice. Section 11. Action By Written Consent. Whenever the vote ofOwners at a meeting is .·required or permitted by these Bylaws to be taken in connection with action of the Association, the meetihg and vote of Owners may be waived if a majority of Owners who would have been entitled to ·vote consent in writing to such action being taken. Notice of such action shall be given to all Owners, unless all Owners participated in the ~pproval of such action. Section 12. Waiver And Consent. Any Owner may waive any notice of meeting required bythese Bylaws if the waiver is submitted in writing, signed by the Owner entitled to notice, and delivered to the Association prior to the date of the meeting. An Owner's attendance at a meeting waives objection to lack of notice or defective notice of the meeting unless the Owner objects to holding the meeting or transacting business at the meeting at the beginning of the meeting. Further, an Owner's attendance at a meeting waives objection to considerations of a particular matter at the meetixtg that is not within the purpose described in the notice for the meeting, unless the Owner ·objects to the consideration of the matter at the time When it is presented at the meeting. Section 13. Membership List.· After a record date for a notice of meeting has been fixed by the Board of Directors, a complete list of Members of the Association shall be prepared by the Secretary or Treasurer. This Membership list shall list the Members and shall include the addresses and number of votes each Member is entitled to vote at the meeting. Such list shall be maintained in the office of the Association beginning the day after notice is given of the meeting for which the,. list was prepared and continuing through the meeting. Section 14. Rules ofOrder. &Qberts Rules ofOrder (latest edition) shall govern the conduct of the Association's meetings when not in conflict with the Covenants or these By-Laws.
ARTICLE IV BOARD OF DIRECTORS
Section 1. Number And Qualification. The affairs of the ASsociation shall be governed · by a Board of Directors ("Board") comprised of three (3) or five (5) persons. As set forth in Section 4.07 of the Covenants, the Declarant shall have the initial power to appoint the Board So long as the Declarant retains this power, Directors need not be Members. Once the Declarant no longer has the power to appoint the Board, all Directors shall be Members.
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· Section 2. General Powers Arid Duti~. The Board shall have the powers and duties necessary for the administration of the affairs of the Association. I
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Sectiou3.. Specific Powers And Duties. ln addition to the general powers teferenc~d above, the Board shall be responsible for the rights and privileges set forth in Section 3.02 of the Covenants and to exercise all other rights and privileges granted to the Board Wider the Covenants ·.and under the Sourh Carolina non-profit corporation Act of 1994, as amended from time to time. Mana~ment Agent. The Board of Directors may retain a Management Section 4. Agent, at the compensation established by the Board, to perform such duties and services as the Board shall authorize including, but not limited to, the duties iisted in Section 3 of this Article. Any contracts with the Management Agent shall be for a reasonable tenn and shall contain reasonable provisions regarding the right of the Association to tenninate said contracts. ·
Section 5.
Board OfDirectQIS.
(a) Declarant AQpoint,ment The Board of the Association shall-consist of three (3) members appointed by Declarant. The right of Declarant to appoint members ofthe Board also includes the right to remove and replace appointees until such time as Declarant's rights to appoint members to the Board ceases. As set forth in Section 4.07 of the Covenants, Declarant shall retain th~.e rights until sixty (60) days after the first of the foUowing events shaJl occur: (i} the expiration of twenty (20) y~ from the date of the recoldmg of the Covenants; (ii) the date upon which th:reefourths (3/4) of the Homesites which may be developed on the Property and on the Additional Property shall have been conveyed,· by Declarant to an individual owner or owners for residential .occupancy; or (iii) the smrender by Declarant of the authority to appoint and replace directors by an express amendment to the Covenants executed by the Declarant and recorded in the Beaufort County Register of Deeds Office. Each Owner b~· acceptance of a deed to or other conveyance of a Home~it~ vests in Declarant such authority o appoint and replace directors and officers of the Association. . · !
(b) Turnover ofRighrs. Upon the fmal expiration of all rights of Declarant to .appoint and replace directors ofthe Association, a Special Meeting of the Association shall be called to elect a new Board. At this Special Meeting of the Association, the Board shall be increased to five ($)directors. The initial tenn ofoffice for two (2) directors ofthe Board shall be fixed.at three (3) years. The tenn of office of two (2) directors of the Board shall be fixed at two (2) years, and the tenn of office of one (1) director of the Board shall be fixed at one (1). year. At the expiration of the initial tenn of office of each director ofth~ Board, a successor shall be elected to serve a term of three (3) years. The directors of the Board sl:i.all hold office Wltil their successorshave been elected and hold their first meeting. All directors shall be subject to replacement, in the event of resignation or death, in the manner set forth in Section 6 of this Article. Vacanci~. Subsequent to the turnover of Declarant's rights to appoint the Section 6. Board as setforth in Section 5, vacancies fu the Board of Directors caused by reason other than. the removal of a director of the Board by a vote of the Members shall be filled by vote ofthe majority of the remaining directors. Each person so elected shall be a director of the Board until a successor is elected at the next meeting of the Association. If a quorum cannot be achieved due to vacancies
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in the Board, only a majority of the remaining Board shall be required to elect successor Board members. · Section 7_ Removal Of Djrect.Qr. Subsequent to the turnover of Declarant's rights to appoint the Board as set forth in Section 5, at any annual ot special meeting of the Association, any one or more of the directors of the Board may be removed with or without cause by a majority of Members and a successor may then be elected'to fill the vacancy. Any director of the Board whose removal has been proposed to the Association shall be given an opportunity to be heard at the meeting. If a director ceases to be an Owner, said director shall either resign or be removed by the Board. Notwithstanding any other provision contained herein, any director. of the Board who was elected by the Members shall only be removed by the Members at a meeting where the purpose, or one of the purposes, as stated in the Notice of Meeting, is the removal of said director. Organizational Meeting. The organizational meeting of the Declarant's Section 8. appointed flrst Board shall be held at such time and place as shall be detezmined by the Declarant. .No notice shall be necessary to the newly elected Board members to legally constitute such an organizational meetitig, providing a majority of the Board shall be present Regular Meetings. Regular meetings of the Board may be held at such time Section 9. and place as shall be detennined, from time to time1 by a majority of the Board. Notice of regular meetings of the Board shall be given by the Secretary or Treasurer, or other designated person to each Board member personally, by mail~ or facsimile at least two (2) days prior to the day of the meeting. Telephonic meetings are expressly authorized based upon the likelihood that some Board members may be from different geographical locations. SlJecial Meeting!l. Special meetings of the .Board may be called by the Section J0. President, on three (3) days prior notice to each director7 given personally, by mail, or facsimile, which notice shall state the time, place, and the purpose. or pmposes of the meeting. Section 11. Waiver OfNotice. Before or at anymeeting of the Board, a director may waive in writing notice of such meeting. Attendance oi participation by a director at any meeting .of the Board shall constitute a waiver of notice. If all directors are present at a meeting of the Board, no notice shall be required. Section 12. Action Without A Meeting. Actions of the Board may be take:r;t without a meeting if the action is taken by all directors ofthe Board and evidenced by one or more written consents descn'bing the action taken, signed by each director, and included in the corporate records of the Association. Section 13. Board Quorum. At all meetings ofthe Board, a majority ofthe directors shall . constitute a quorum for the transaction of business. Actions and resolutions approved by a vote of the majority of the directors present at a meeting at which a quorum is present shall be the acts of. the Board. Directors may participate in a regular or special meeting by, or conduct the meeting .through any means of communication by which all directors participating may hear each other simultaneously during the meeting, and directors so participating by this means shall be deemed to be present in person at the meeting. If at any meeting of the Board there is less than a quorum present, the majority of the directors present may adjourn the meeting to another time. At any such adjourned meeting any business which might have been tnmsacted at the meeting as originally called "70430.l: .·
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may be transacted without further notice. Proxies shall not he available for either a Board quorum or for voting purposes. Section 14. Fidelity Bonds. The Board may require that any Management Agent, officers or employees ofthe Association handling or responsible fot Association funds furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association. Section 15. CompensatiQn. No director shall receive any compensation from the Association. However, a Director may be reimbursed for actual expenses incurred.in the performance of his or her duties. Section 16. Liability OfThe Boani OfDjrectors. Except as required under the laws of Soutli Carolina, the directors shall not be liable to the Homesite Owners or Members for any mistake
ofjudgment, negligence, or otherwise, except for willful misconduct To the extent pennitted under the laws of South Carolina, the Homesite Owners and Members shall indemnifY a.I\d hold hannless · the Board of Directors against all contractual liability to others arising out of contracts entered into by the Board of Directors on behalf of the Association, unless any such contract is contrary to the ·provisions of the Covenants or of these Bylaws~ Directors. who are members of, or employed by ·Declarant, are authorized and allowed to contract with Declarant and affiliated corporations without being charged with self-dealing.
ARTICLEV
omcERS Section 1. Designation. The principal officers of the Association shall be a President, a Vice President, and a Secretary and/or Treasurer all of whom shall be elected by the Board. The Board may appoint an Assistant Treasurer and Assistant Secretary, and such other officers as, in their judgment, may be necessw:y. One person may hold more than one office. Section 2. .Election Of Officers. The officers of the Association shall be elected annually by the Board at the organizational meeting of each new Board and shall hold office at the pleasure of the Board.
Section 3.
Removal Of Qfficm. Upon an affirmative vote of a majority of the directors
of the Board, any officer may be removed either with or without cause, and a successor elected at any regular meeting of the Board, or at any special meeting of the Board called for such purpose. Subsequent to the time Declarant has turned over its rights to appoint directors and officers, as set
forth in Article IV, Section 5(b) above, no officer shall continue to serve as such if he or she shall cease to be an Owner. Section 4. Vacarici~s. A vacancy in any office may be fllled by appointment by the Board ofDirectors. The officer appointed to such vacancy shall serve for the remainder of the term ofthe office. fresic;lent. The President shall be the Chief Executive Officer of the Section 5. Association. The President shall preside at all meetings of the Association and of the Board. The President shall have all of the general powers and duties which are usually vested in the office of 1170430.2)
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President of an inCOiporated nonprofit Association, including but not limited tC>, the power to appoint committees from among the Owners as appropriate to assist in the conduct of the affairs of the Association. The President shall sign all Leases, mongages, deeds and other written contracts and instruments and shall co-sign all checks and promissory notes, and perform all of the duties which may be delegated from time time by the Board of Directors.
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Vice President. The Vice President shall take the place of the President and Section 6. perfonn the President's duties when the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board shall appoint some other director of the ·Board to perfonn such duties on an interim basis. The Vice President shall also perfonn other duties as requested by the Board. Section 7. Secretary Aod Treasurer. The offices of Secretmy and Treasurer may be combined or separated. The Secretary or Treasurer shall keep the minutes of all meetings of the Boar.d and the minutes of all meetings of the Association. The Secretruy or Treasurer shall have charge of the record books and papers of the Association and shall authenticate the records of the Association. The Secretary or Treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate .accounts of all receipts and disbursements .in books belonging to the Association and shall be respOnsible for the deposit of all monies and other valuable effects in the name) and to the credit, of the Association in such depositories as may from time to time be designat~d by the Board. ARTICLE VI NOTICES
Section 1. Definition. Wherieverundertheprovisions oftheCovenantsortheseBylaws notice is required to be given to the Board ofDirectors. the Management Agent or a Member, it shall not be construed to require personal notice; but such notice may be given in writing, by flrst class, certified or registered mail, by depositing the same in a post office or letter box, in a postpaid sealed envelope, addtessed to the Board of Directors, the Management Agent or the Member. at such addreSs as appears on the books and records of the Association. Notice shall be deemed given as of the date of mailing.
ARTICLEVH OlJLIGAT10NS OF THE OWNERS
Section 1. Assessments For Common Expenses. All Owners srutll be obligated to pay the Assessments imposed by the Association and to meet all Association expenses for upkeep and m
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installment thereof, for that or any subsequent year, but the Assessm"ent fixed for the preceding year shall continue until a new Assessment is fixed by the Board at a duly held Board meeting. Section 3. Rec~. The Management Agent or'Board of Directors shall keep detailed records of the receipts and expenditures affecting the Common Property and any other Association expenses incWTed. Records and vouchers authorizing the payments involved shall be available for examination by the Owners during reasonable business hours. :
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Default In Payment Of Common Charies. The Board shall take prompt Section 4. action to collect any Assessment due from an Owner which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default by any Owner in paying Asse5sments, such Owner shall be obligated to pay interest, late charges and collection charges as set forth in the Covenants.
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Section 5. . Statement Of Assessments- When requested in writing, the Board shall promptly provide any purchaser, Owner, mortgagee or prospective mortgagee of a Homesite with a written statement of all unpaid Assessments due from the Owner of that Homesite for a reasonable fee. The purchaser or mortgagee's liability therefor shall be limited to the Assessment amount as set forth in the statement. 1\:ny mongagee holding a lien on a Homesite may pay any unpaid Assessments payable with respect to such Homesite and upon such payment such mortgagee Shall have a lien on such Homesite for the amounts paid of the same rank as the lien of his encumbrance. Any mongagee holding mortgages on more than five (5) Homesites shall be entitled, upon request, to receive a statement of account on the Homesites securing all of said mongages once each calendar · year without any tee or charge. Section 6. Statement Upon Resale. No Owner shall convey or sell a Homesite unless and until all unpaid Assessments against the Homesite shall have been paid. Such unpaid Assessments, however, may be paid out ofthe proceeds from the sale of a Homesite or by the Owner's grantee. Upon the written request of an Owner or the Owner's prospective purchaser, the Board or the Management Agent shall furnish a written statement of the unpaid Assessments due from such Owner for a reasonable fee, which shall be conclusive evidence of the payment of Assessments prior to the date of the statement. Further, the Association shall undertake to provide copies Qf the Covenants, these Bylaws, or other materials regarding the Association upon the written requ~1 of an Owner in connection with the sale of a Homesite. A reasonable charge may be made by the Board for the issuance of Assessment statements and Association materials. Maintenance And Repair. AU maintenance, repair and replacement to the Section 7. Common Property shall be made by the Board or its agent and shall.be charged to all the Owners as Common Expenses, excepting to the extenr that the same may be necessitated by the negligence, misuse or neglect of an Ownert in which such case the expense shall be charged to such Owner. · Section 8.
Right OfEntty.
(a) An Owner shall grant the right of entry to the Management Agent or to any person authorized by the Board in case of any emergency originating in or threatening a Homesite, whether the Owner is present at the time or not. (b) AU Owners shall permit other Owners, or their representatives, when so required, to enter their Homesite for the purpose of perfonning installations, alterations, or repairs (170430.21 - 9-
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to the mechanical or electrical services, provided that such requests for entry are made in advance and that such entry is at a time convenient to the Owner_ In case of emergency~ the right of entry shall be immediate. Section 9. Rules and Regulation. The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Property, and dwellings within the Property, and the Common Property, which rules and regulations shall be consistent with the rights and duties established by the Covenants. Such regulations and !JSe restrictions shall be binding upon all owners, occupants, invitees, and licensees, if any, until and unless revised or canceled by the Board or overruled,. canceled, or modified in a regular or special meeting of the Association by the vote of Voting Members representing a majoritY of the total Class A votes in the Association and by the Class B Member, so long as such membership shall exist Section 10. Abatem~nt And Enioinmeut. Of violations By Homesite Owne'(s. The violation of any Ru1es of Conduct or the breach of any provision of the Covenants or Bylaws.sh~l give the Board the right, in addition to any other rights set forth. in these Bylaws and the CovenantS: '(a) to enter the Homesite in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the detaulting Owner, any structure, thing or condition, that may exist therein contrary to the intent and meaning of the provisions hereot: and theBo~d shall not thereby be deemed gUilty in any manner of trespass; or (b) to enjoin; abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach and to recover the cost of such enforcement, including attorneys' fees, and until such expense is recovered it shall be a lien upon said Homesite which lien shall be inferior to the lien of all prior mortgages. Section 11. Board of Directors.
Fiscal Y~- The fiscal year for the Association shall be detennined by the
Section 12. Liti~tion. No judicial proceeding or litigation shall be commenced or .prosecuted by the Association unless approved by a vote of seventy-five percent (7 5%) of the votes eljgible to be cast by the Owners. Tili.s Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of the Covenants or Bylaws (including, without limitation.· the foreclosure of liens); (b) the imposition and collection of assessments as provided herein; (c) proceedings involving taxation, including, e.g., challenges to !4 valorem taxation; or (d) counterclaims. brought by the Association in proceedings instituted against it In the event any judicial proceeding or litigation is instituted, then the Association shall assess all Owners for the costs ofsuch litigation, including. without limitation, attorneys' fees incurred. and funds from regular Assessments shall not be used for any such claim or litigation.
ARTICLEVUI INSURANCE
The Board of Directors shall be required to obtain and maintain insurance policies in accordance with the provisions of Section 14-03 of the Covenants.
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'I ARTICLE IX
AMENDMENTS Section l. Requirements For Amendments. These Bylaws maybe amended only with the consent of at least seventy-t1ve (75%) percent of the Owners of Homesites in the Property. Notwithstanding the foregoing, so long as the Declarant remains the Owner of more than one Homesite in the Property, these Bylaws shall not be amended so as to adversely affect the Declarant without the Declarant's consent. ARTICLE X,
MISCELLANEOUS MATTERS
Section 1.
Number. When the context requires, the use of the singular includes the
plural. Section2. Bylaws.
Definitions.
The definitions contained in the Covenants apply to these
Execution OfDocuments. The President, Vice President, or Secretary are Section 3. responsible for preparing, executing, filing and recording amendments to the Covenants and Bylaws, and shall be authorized to execute any other document which the Association may :from time to time · be required to execute.
Section 4. Notices. All notices required by these Bylaws shall be hand delivered or sent by mail to the Association at the address of the President; to Homesite Owners at the address of the Hoxnesite or at such other address as may have been designated by such Homesite Owner from time to time in writing to the Association. All notices from or to the Association shall be deemed to have been given when mailed or delivered, except notice of changes of address which shall be deemed to have been given when received. Section 5. . CaptiQm. The captions contained in these Bylaws are inserted as a matter of convenience and for reference, and in no way define, limit, or describe the scope of these Bylaws or the intent of any provision of the Bylaws.· Section 6. InvaJidi~. The jnvalidity of any part of thes.e Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance ofthese Bylaws. Conflict These Bylaws are set forth to comply with the requirements of the Section 7. Horizontal Property Act of South Carolina, as amended, and the. South Carolina Non-Profit Corporation Act of 1994, and may be amended from time to time. In the event of any conflict between these Bylaws and the provisions of such statutes or the Covenants, the provisions of such statutes or the Covenants, as the case may be, shall control.
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Section 8. Waiver. No restriction, condition, obligation; or covenant contained in these Bylaws shall be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the violations or breaches thereof which may occur. Section 9. · Inconsi~tencie~. If there are any inconsistencies between the provisions set forth in the Covenants and those ser forth in these Bylaws, the provisions of the Covenants shall controL
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STATE OF SOUTH
C.~OLINA
COUNTY OF BEAUFORT
FIRST AMENDMENT TO DECLARATION OF COVERANTS, CONDITIONS AND RESTRI~~S ~OR THE CRESCENT
.THIS SECOND AMENDMENT is mad~ thi~ day of March, 1999, by CENTEXHOMES, a Nevada Genera.: Par::nership (hereinafter referred to as ."Declarant"), of Beaufort Ccunty, South Carc;Lina.
WI T N E S S E T H :
·W'HEREAS, the Decla:::::-ant recorded. the "Declaration of·Covenants, ·Conditions and Restrictions for The Crescent'' ("The Crescent Covenants") in the Beaufort County Records on March / / , 1999 in Book. ffJ.i(a at Page '7.51 , as amended and suppleme,nted from time to time. WHEREAS, the Declarant desires to Crescent Covenants as provided he::::-ein.
further
amend
the
The
NOW, THEREFORE, the Decla.::::-ant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, occupied and use¢!. s·Ubj ect to the easement, restrictions, covenants liens and conditions concained in The Crescent Covenants, as modified by this First .~endment ·each of which shall be binding upon and insure to the benefit of all parties having any right, title or interest in the Property or any portion thereof, their respective heirs 1 successors and successors-in-tit.le and assigns. I
All capitalized terms not defined herein 1. Definitions. shall have the meanings ascribed to them in the Eagle's Pointe Covenants. 2 .. Amendment. Section 1 . 04 of The Crescent Covenants is hereby amended as follows: 1.04 Association. "Association" shall mean and refer to The Crescent Property Owners' ~sociation, Inc. (a non-profit corporation organized under the South Carolina Nonprofit Corporation Code), ·its successors and assigns .
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3.
Amendment.
~ct~i=~stand~ng anything herein ~8 the contrary, the name of the Association shall be "The Crescent Prope:rt:y Owners' _Association, Inc.~ throughout the The Crescent Covenants.
:.!: • ):To A.mendment. Except as amended hereby The Crescent Covenants shall remain unmodified ar:d !:1 ful2. force and effect.
IN WITNESS WHEREOF, Certtex Homes, a Nevada G~~ Partnership has caused these presents to be executed thi~-·dav of March, -~
1999:
SIGNED.,
SEALED AND DELIVERED
CENTEX HOMES,
IN THE PRESENCE OF:
a Nevada General
Partnership By:
Real
/
.2\rea Manager STATE OF SOUTH CAROLJ:·NA
) )
:COUNTY OF BEAUFORT
ACKNOWLEDGMENT
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·r,
the undersigned Notary Public, do hereby certify that Frederick J. Bricketto, Jr., Area Manager of Centex Real Estate Corporation, as General Partner and on beha:!.f of Centex Homes, a Nevada C~neral Partnership, personally appeared before me this day
and acknowledged the due execution Witness my hand
seal
of~h~regoing
this~
day of
instrument.
arch, 1999.
for. Sou~h@jj_· ·. ~incyXE Commission Exp~res.: _m/tfd_'el I
:2:!192.1:
12343-518
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:VL~STERDECL-\.R..-\TIONS OF CO\"E)iA..\.iTS. CO~TI£TIONS .-\..'\,TI RESTRICTIONS FOR CRESCE::'-iT PODiTE GOLF LC'i"KS ~o\..:'\,TI RES IDE)iTL-\.LiCO !YJ).,fL:aTY
ST.-\TE OF SOCTH C.-\ROLDi.-\
C0t");TI'"OF BE..-\CFORT
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:Yf..-\STER DECLAR..-\TtO~ . OF COVE)i.-\..VfS. CO~TilTIONS A..."\TI RESTRlCTIO)iS FOR CRESCE)I7 PON 11:: GOLF L.DiXS A ..'\iD.RESIDE~TI-\.L CO~L\{L~1T'{ (the ~·Dedararion") is made this 23rd day uf~ovember~ 1998. bvCemex Homes. a ::--i~vada general partnership (~he "Declarant"). · · · ,.. .
THIS
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. \vtlE~AS. the Declarant i$ the·o,,.vner of ;:ertainreal orooe~v ·located within Beaufo~ · Counrv~ South. C
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\v1!E.R i=AS. LinksCorn South C:aroli..J:a Three, LL.C.. a South Carolina limited liabili~.
-:orrip any (the ., Gbif Co~rse De;eloper'), is under contract to purc:hase a porr:ibn of the Property mot~ · par..icularl:.r.described i..T'l Exhibit "B ·• arrac5.ed here!oandincorporared he:-ein by reterence (the .;C-oif Co~e
Prop en:..;");
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vv"HE:REAS, Golf Course Developer intends to ·develop an eig:htetn (18) hole golfcoli..rse on ·~· pordon of the Golf Course Property (the ·~Golf Coursen) and the ;Declarant iiJtends to· sell· or develop .cei't.ah"l areas of the Property (and :he aAdditional ReSidential.A:..~a' [aS hetdnafter denned]) as single family residential lots and homes and nmlti.:fariiily. residential units (che "Residential ~~ea"), all of t..vhich is depicted on the ··~raster Plan''( as defined. herein); .
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\v"HER.EAS, in order to cohesively develop the Golf Course and Residential Area, the Property requires. a series of intetGOdnected bodies of water to be utilized in the filtration $1d retention ofstotmwater (the "tagoonSystem11) ; · ·
:'\'YltEREAS, the Declarant inten~ to encumber the· Property' with certain responsibilities
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tmwater quality within- the Lago·on Systeiti;
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\VHEREAS, the· Declatartt further -in.tend$ to cbnstillct cer$J11 roads :anci road .systeh15 .· morefullv.described on Exbibit 11C"·attathedhereto(the "Pri.iriaryRoads"}:which.will:beneftt!:bo:tfithe Golf Course· and the Residential Aiea .and ·intends· to .encumber•the·Residential Area•Withce!rtairi. · ·responsibilitiesandohligations·fortheongoingma.llirerianceofthePrimatyRoads(subject.to•the obligation of dle Golf C()urse Developer to pay for a portion ofsuch origo•ing maintenance as. tnore · · · particularly set forth herein);
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. \v1fER£AS. the Declarant shaH e::c~-nb~r me Go It' Course Property wirh certain obli~arions to establish :.1 membership progr.:un :or :.'1~ J~:::d'ir: Jr· ··o . .vners'· ( as hereinafter detihed) within :he Residencial :\tea: · \v1fERE.-\S. the Dectar::mt :s :n:1king :his Dec!ar:ition ~o :1ccomp!ish th~ roregoirtg. \VHER.EAS. the Deciar::mr inre:1ds J.t :.1.is :ime Course Developer;
w convey the Go if Course Property to .Got:;:·
· );0\V; THEREFORE.. me Declar::mr ~ereoy declares that rhe Property (and the Additional Resicit!ntial .Area when acauired) shall be he!d.. rr:msferred. sold. con•·eved. teased.' oc::uoied :J.rtd
used s.ubjec:: .ro the foUo"ving easements. restric::ions. coven~ts, charges; iierili and cohditiohs whieb. are for the purpose ofprotecting the value and desirability of and which shall touch. .concern and run with .the tide to the :?roperty {and the Additional Residential A.rea when acquired) and porrions thereof Declaration and which shall be binding :1pon and inure ro the b.ene:tit of all ~ar::ies b.at'ing any r:~ht. title or interest in the Property (and :he Additional Residential Area when acqu~ed) Otany porrion thereat: their respective heirs . .suc:essors, successors.:. in-title and assigns .
. A....~!ICLEI DEFf.\.TITONS ·.
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Definitions~ · Other than the terms defined elsewhere herein, the follo\v~g \\.~otds
shall have the followfug meanings and all derinirions shall be applicable to the singular and phiral forms of such terms: (a) "Additional Residential Area"· shall mean and refer to all oftlie .land shO\vrt on the :Yfaster Plan, other than the Proper:'! together ".vith any other land DeClarant elects ro subject to this Declaration in accorda.11.ce with ~.:\.rticle v'll hereof. (b) "Association" shall mean and' refer to the property owners'. association to be . fotriled to be the adtitinistratin~ bodvand entitvof certain land use covenants. orhet·than this ., " . . . Declaration; which will initially .enc'Ulllber the Initial Residential Area and subsequently enctintber the Additional Residential .Area.
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(c) "Best:~tanagement Practices" shall tnean arid refer to. consrructi6n; operatiOn and the maintenance practices to controlthe water quality goals as defmed herein. "Dwefilirtg'' sha1ltnean and refer to any improved portion ofilie":Ptopeny(or· Additional Residential· Ar.ea) •ip.rended for use as a :single family residential attached or detached dwelling located within the Property (or Additional Residential Area). ·
(d)
''Enttv.Ro.ad" shallmean and referto that portion of the "Prinrtiy'Road'' as more fuilv described on Exhibit ,;D'' attached hereto. . .
(e) ~
Occ#.CHO~ (H32r4JJCC66)20515248v4;11/23it9S81Timidt:73
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''Golf C.)Urse" shall m~jJJ :.1nd ::-er'er
GolfC.)urs~ Oeveioper.
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golf -:ourse :lS developed bv th · e
•gJ ''Homesire'' shail ::nl!an J.nci ::-e::er ro any parcel ut ::md :>h6i.vn :15 a :-esidencial building !or :.1pon ;my recordt!d subdivision ?i:lt or'J.ny portion ut rh~ R~siciential :\rea.
l:hl ''fniriai R~!sidemial Are~" snail me~ nr.d re.ter :o :hat tirsr porrion of ili~ P:-opef:y designated as Residential .~ea JY .!Jedarcmr ,in the Reside!1ciai Cove:.:.ants.
''Llgoon Svstem" shall mean and reter w u."lc desism~d and robe develooed ~-·system vf lagoons specific:llly designed and to oe consrrt1cted and developed tor storm w~re::: manage:nem ""·irhin the Property. as more particularly shown on the Lagoon Plan (the ••tagoon Plan;") attached hereto as Exhibit '·E''. (£)
(j) : '''Yfaster P !an" shall mean an.d :efer ~o that cer.ab proposed ~fastetP lan vf The Crescent prepared by \Vood & Parmers. Inc., as revised, a copy of which .is attached hererb t!S Exhibit ''F''. ·
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"O\'v11ers" mean and refer to one or more persons. including Decla.raht,: who
or \vhlcn 0 .\l'ls .fee..simple tide to any Lot or Dwelling Cnir:, exCluding, however, diose 1
persons having such an interest under a mortgage.. In the event there is recorded in the Office of the Re~ister of Dee~ for Beaufort County, South Carolina, any installment land Sales contrilc: c-overing a.nv lot or dwelling, the o\.vner of such lot or dwelling shall be the pur;chaser under said contract and not the fee simple ·title holder. ~'1 fustal.lment land sale contrac: shall be an instrument whereby the purchaser is required to make payment for the lot or dwelling fora period extending beyond cine (9) months from the. date ofthe·contract and whe:e the ourehaser does not receive title for such lot or dwelling until all such payments are·rhace alth;ugh.the purchaser is given use of such lot or d\ve!litig. · "-
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{1) . "R~siderittal Area" shall rnean and r~fer t~ those areas. designated !Y!aster Plan .amended from time to time for residential neighborhoods.
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.. .(ni) · "Residential Covenants" shall m~an and refer to that certam Declaration of Covenants. Conditions and Restrictions for Tne Crescent which shall initiallv enctimber the · ·.liutial Residential Area and which shill subsequently. encwnber the Additional Resideritlal: · Area.
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... (h). "Stitvev". Plat dated :Vfa.y 7; .1998, last te~ised Novern.bet 1 l, .1998 recorded on September 21, 1998 in the office of the Register of DeedS for Beaufort County, South Carolina irtPlatBook66 at Page 157 and re-recorded in Plat Book~7a:tPage /JJ, said· record. office ..
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oec: #:CH01 (Hl274'CCCS6) :ZOS15248v4:HI:z:!l199all'ime:11 :13
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.·\.RTICLE II LA.GOO~-s
.1goort Svc:;n!:n. De·.:!ar::ulr is :-esponsibic J.t Dcdar:mr's soie -:os;: :.u:c .;!X!Jc:lse ~ 0 repair :ind :nain:rain rhat ;Jor::on of the L:1goon Syste::n (.induCing, ill piping) !ocared on the R~sid~ntiai ?rdper:y. GolfCoursc Developer is :-esponsibie J.t GolfC:)Urse DeVeloper's sole cost and expense ro repair. atd :naintain c..~ut tJOrtion of::he Lagoon Sysrem (including, ail ;Jipi.,.-:g) !dcated on me Golf Course ?:-ope::;t. E:1ch par:y shall maim.:lln sue.=.. :re:::s in a good concirion -:onsistent '-"ith other fust -::!ass residential go if course coi!liilt:.nities. In J.ddition. Dec!anmt 'Nill. be ·responsible for dl~·cons;:rucrion md rnaintenance of all piping located underneath any roads and the strucrures asscc;ared \vith such piping. all· ..lS shown on the LJ.gcon P!J.n. The Dedar:mt and L.."le Golf Course Develooer have agreed to coocerate in :he mair:tenance of the entire .La2:oon Svs;:em in orcer to . ... ... . allo\v same to operate as one cohesive system. "Golf C6urse Developer a~es to use its good faith effor:s ro keep the lagbons on !he Go if Course Property charged. · .::.i) l
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2.02 Eest Srfan:ageme:-tt Prac:ices. All cc:mtr.lction. develcoment. hoe:ation ar..d O\'Vnet5hio dftheProperty(iriciuaing .the Additional Resicer::::ial.-\rea) o~ ;?Ortiorts me.reoi:: shall.be d6ne in such a wav as .ro ane!!lot to foUo\v four treatment recornrnendations :o ·be utilized in d:e consrr-..rction. de"ieioprnent. op~rtirion and ow-netihip of the Pro perry (inciucing the Additional Residential ~-\tea) and its components. · The tbu:- recortunendations include minimization of direcdy connected. irnpe:vious ar:eas;. filter strips and grass swales, multi-cell \Vet detention systems and smrm 1,varer reuse. These rteattnenr recommendations are su:w.ma.riied a:S follows:
· ··(a)·· . _.}vfirtimizati0 n ··Of Direcr!v .Connected· Imoerviotis .Area. jYfini.rnization .of djrectly-coruiec~ed.impervious areas {"DCL~") involves directing srormwaterrunorrtolawns rather than direct discharge to secondary stornnvater conveyance fadlities. Directly conne.cted impervioUs. area is defined as the impermeable area that drains directly to the improved drain:age system, such as paved gUtters: improved ditches or pipes. Trte minimization ofDCIA.delays the concentration of flows into -the improved drainage system andma'Cimiies the o.pporrunity for rainfall to infiltrate at or near the point .at whiCh it falls. Tne layout for the Dwellings constructed on the Lots should be designed to minimize DCIA. {b) Grassed Swales·and Vege!ated Filer Strips.· s. vales, gra.Ssed' waxerways and vegetated· tilter.'Strips should be designed: and consw.--ucted along streets within t.!Je .Pro perry ana the Additional Residential Area. The swales should be a shallow trench· with side slopes .. flatter ma;ri m.tee (3}feet. horizontally to one ( 1). foot venitally. The S\vales 'should contain contiguous .areas of·standiilg or flowitlg water only following rainfall and shall be planted ·. \Vithbr contaUl ve!le'tatiori suitable forsoil Stabilization, .StOrm\vater treatment, artd nutrient: uptake. A Vegetated filter-strip i$ a strip of land across which·Stoririwater from a street, .. parking lot~ rooftop, or other pervious surface·. Sheet•flowS b~fore entering adjacent stonn,vater convevances or receivin~ water5. · Nonvidistandin!Z .the above, the construction of the roads the Iiridal Areas h-;_ve been approved by Bea~fort County, South Carolina to allow for curb and gtitte~. ·
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. ';V-=r Di:!re:-:r:on S vc;;:e~s. \ l:l.ir:pic ·.vcr Jere:1r!on ;:on d. systems -..vhic~ ±c!uC.c .::!Xte:;.ccd. '>ve:: L!.e::encion :ac!iirics ·.v!ll -:or.:.:r:sc ~~c ..:Jru."Tiar'l stor::::n;..·are'" manacre'""""!c ... r ~·-_v 5 -_,.,_, . . .. "' ...... • a. .. • ::::. ••• ..... L,._,.. .. l.;)
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':v:tt:.in :h~ P:-opct~y. These sysrc::ns si:ct.:.ic :r:corpcr::He de~.per areas tor sed!mc:H::uicn~ st:ailo\v Tittor:ll ;u-eas :ot :he ~rear~c!"lt 0r .::ssoij/ed -.:onstime:tcs. ~ischarge st~c:-..:res ·.vt:ic2. ··.vil!;;apmr:! ~he tirs.t inch or".:-u.nor:·.:u:c. J.!:o\v :or J. sio•.v bic::!d C.o\vr.. Srorrrnvare~ R.c!lSe. Smr.::•.vace:- reU.Se sysre:r.s.shoula
be desi2:1cd co :Jrevenr ~he discharge 0r a given voiume or' stor:n•.v:lrer :.r:co sttrrac~ •.vaters by defiber-;_re :ipplicar!cn of smrtnvarer r'uriorr tor irrigation or i.ndusU:ai uses .. .-\teas dmt mav be i.rrigar:ed inc!uce :he ·Go if C.)urse anc o~ten areas-•.vith.in me ~esidemial .'\.re:1.. . . t_d)
.-\H.TIC!..E ill. PRL'vfAR ~- RO ..l..DS
5.0 l Responsible Pm·:v. The Declar:1r:r shaH ;;ons~tt '--~e ?~.mary Roads~ inc!udh-:g, without Iirr:ir.:uion. t.~e Enrry Road.. wit.'iin [he Resice.:J.tial ..~.rea i..I'J. :1 good. '.vodGnanli.\:~ and iier: free ma..T1ner. The Golf Course Devetooer shail ha::e the sole· :-es-vonsibilitv for r,.'le de~.~e!coce!lt. consrr::c::or. ;n:d maintenance of~':e.c~ pat:hs on '-.~eGoifCours~ Proper-.;i. Declarartr hereby '"agree~ ar D¢e!ar~Tlr' 5 sole cost· and exp,ense {bur subject to reiinb.ui:s~menr as described be!ow) ro maintai.TJ.. or cause to be.rr...aintained. the Emr7 Road (inchiding the entranceway lancstaping.a.r!d si2nage) m at leasr rhe standards of Hilton Head Sat:ional and Eagle's Pointe and. i..11 anv evem. in-co~pliance with the_ requiremerirs of Beauforr County. South Carolina. ·
. amoUnt may be increased with the mutual .agreement of DeClarant and Golf· Course Developer, whiCh ¢onsent will not be unreasonably withheld. In acdition. said amount may be increased inthe samepercerttage as'theincrease iilthe ·corisumet price index from year to year (subjeer to a cap of 5% per year) if and .only if Golf Course Developer is advised .. writing. of such increase on or befOre February P'. of any year. In .addition, Golf Course Dev~loper wil{pay Developer 57 ,OC() per year to be used for the repair and replacement of the Entcy Road. All common area .commercial costs a5sociated \v'ith ~e entranceway .and .Entry Road shall be established as a separate cacegot}t from the budget for maintenance of Orhet·COilltilOnate;:i.S.
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3;03 AssociatiOn Resb;Qtlsibilirv. Dedatant shall be r~sporisible for all dthet cos·rs associated with the m.aintenance."r:epair and replacement of the Entry Road, Entry Road landscaping, irrigation and sigrtage and other Primary R.oads. · · · ··
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. DEVELOP\IrE~-r
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ARTICLE f\i
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OF CRESCE~T PO~TE GOLFL~1
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.• ,,.... ;,~"n:·na r::~"'c'na • '-'.d..:.-'-~.vi
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.,,... ·~ .::; . CTh;,cr,.. " .. -;..,~ ·--:·. , .: ~ · - . --::- . .- .· ,_··c:., ... , ..;.-,.. . :.,.... ....... c _!, ..... ,..- • n ·'·'- t.;t:l• t_.)u,::-e. -r::e ,yuJ·J>. •Ol!J".Ae"!J.l(!Ne>tooer,
shall :rave :he :-ighr to piac~ !ar:C.scaping. signage. ~~c. ar :he ~ounc~: !inc~ 0r-::h~ Goiic~~I"S;~ · te:lScnaoiy ne:=essar:. . - :o f:Jrevem <:"espass. :o ;:-egui:;.re ;iuy i:>n ~l:e Go if Course and LO frame golf holes: pro""iqed._howeve::-. such Tandsca~ing, :e::cing, or signage. -=~g,. s~~il no~·in~he tegs·onabie ~'~:$tr~~~;;Q'1$lit~~e-l®'~~;;:~r6~~-?/s~;aH -.con:$~~c;t·:~a:nci·rrrm:nr.~·
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4;04 · :Vfaintenartce. GdlfCourse :Oe;;-elope: t;v"ill c~use the GolfCourse and the Golf Course facilities to be mai..'ltained in a: good condition inc!uding the cart paths, greens. fair.vays, tee boxes. ··.bunkers and .roug.hs as ~o planting, rtowing, irrigation, raking, blowing, removal debris and ·ta..'<:e creds?:ing - and stabiiitacion.. etC. .Such maia."ltenance will include winter 0\.'erseeding .of fairWays, tee boxes and greens.
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ARTICLE V
CRESCE~-r PODtTEGOLF L~'"'Ks· COtv[).,ftT)IiTY MF:VfBERSHTP
.5.01
General. The Golf Course Developer intends to develop a golf facility allo\ving full-
time play :by resident members, ~on-resident members a.rid daily fee players. the Golf Course
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5:0: \.(cm.oc:-5hin ()crions~ .-\ll 0\v-::e:s ::1av h:r:e use vr ~:le Golf Cocro::e :--.,c;iic-· . regarckss vr"Lheirmc::::cership ..:!
(a) Base \(emcership. O'\vne:s :nay join :::.1.e C:escem ?oL."'lte Goi.fL.:.C....ics •;vitb. t.':.e · payment of a T•.vo T."lousanc Five EunC=ed Dollar (S:,500) irJtiation t"ee per family, anc jnnual cues of One Thousand. Ei~hc Eund:.ed Dollars (S 1,800) per ::.duit family member who wishes ~o use .d:e GoLf Course ..oer vear; This :nembershio olan will enride each rezistered . . adult ~o ::til udi.r:dtec nucber vf:ou..."les or:' goifper year and a 5~ee!'! ( l5~'il) pe:cem disccu...-:~ on -=~ fees a.."':.d i!On-ti...'lcl =arkdo•:v-n pro snip rt:.erd:ancise. Base ),£embers •.vii!· be entitled to a ~Ve!1tv-fout (2..;) hour advance tee ti.:.-::e reser"/aribn. De-=e!lCEnt .:hildre~ living at Zl.orr:e will be able ro play go if ar Cres.:en.t Pointe Golf Lir. .ks UJ."1ce::- d;e ").;(err:ber's Childre::: ~
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Founders Club \-fembersdri. 0"-v"!te:s may join. tile Crescent Poinre Golf Lidts \'v·ith dle payn:erir of a Fifteen Tb.cu<:arid Doilar ($15, 000) !,.t."'litiation. ree. and annual dues ofThree Thousand DoUCiL~ (S:),OQO) ,Pe::'·family',.per year. Tnis membership.pla.n will · entitle the family to an unlirr..ited. nunibe: of rounds of golf per year and a fifLeen (15%) percent discount on em fees and. non-fi..."'lal ma.tkdown Pro shirYrnerchandise. In addition, iliese members shall be entitled to a t:hirty {30) day ad.i,"ahce tee. time reservatior:.. Founders Club :Memberships will be lieU ted tO thir.y (30) 0\vners. (o)
(c) Cart 0\vne:-shin :vremhe.rshiris. Owners may 0\Vtt and operate golf CaLIS with the payment of an annuaJ trail fee of One Tnousand Two .Hundred Dollars (S1,200) for individucl users or Two Thousand Dollars (S2,000)per: family. TneGolfCourse Devel~per mav imoose . cer.ain re~ona.ble restrictions on member. . o\vned 2olf car-..s.
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. · (ci) . J=?ue anc! Fees-: All dy.es pnc! fees as 'outlined in tHe above memberShip . prb~a.tns are .be se"t and may not increase~ for a.fix.~d period.ofthree(3) years from the . day the Cr~scem Poj.rtte GolfLi.IU<:o opeq.S for:gen-eret .Play_by't.h~ i>!lb iic .. }11erea:fter dues ~d. •fees may' pe fricreased at a rate nona exce'ed fifteen (15%) p~rce·nc per year. . . ..
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(e) Declarant :'Vfemberships. Tae·GdlfCourse De~·e!operagtees to provide three (3) FoUL"'lders Club ~femberships·to,Dec~"'artt4tno charge for i.rs use. These memberships·.. ·are transferable ·on a calendar-Y.eatb~a:Sis ·only, and must be approved by the Golf Course .·De'veloper.. Fees for accompanied guests may waived w·ith ·approval of the:·cresc~rtt Pointe Golf Links :Yfanager. ·
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!. tl ?nvare/?'.!Diic C!U.o. T~c Coif Course :nay ace :1.ny of apriv::tre. semi-orivare Or;JUbiic goif ::-iciliry. [f~olf Cvursc Dce•:e~ope:- ~onver:s LO :.1 ;?rivare golL::!uo. !ni.tiation fees ?aic by J. then .:::.1r.etr rne::J.be:- sh:!ll VI:! .;:-eciireci :o,v;:rrd. ~he pur;:hase of a new tncmoctship. L."1 :10 ;:!Vc!'l[ sncil GolfCvurse Developer Je ooiignred :o remit :o 3. member J.nV compce::.sarion: vrher ~bm :.l ..::-edit LO\V:J.rd J. :1e•.v :nern.oce:ship at .;onversion. -
.AJ.:ZTI CLE VI GOLF COCRSE
COVF)i,4;~TS .-\).u
R-=STifCTtO\iS
_-6:0 L .Ge:1e:-aL For me benetir of dle Golf Course. the Residemial.-\rea shall be subjec: co
w.~e:foUo..,ving
covenants and
restric~ions.
· 6.0:::: Restr:c~ions .-\gainst Distractions. 0\vners ofHomesites adjacent to the Golf Course as •;veH as dle!r famili·es. tenants. ruests. invitees an:d oers. shall be .obiizated to refrain from anv actiOns wt-...ich '-vouid distract fro~ rhe. olavin2: ouali~ies .of the Go if Cvurse. Such oroi:-...ibited activities shall inciude~ .but not be l.inlited t~~ b-;~"'lg· materials _where smoke will cro$~ ilie Go if <:ou..""Se. oi.v:cing do'gs or other petS uncer concirions \Vhic~ interfere Wit:.~ rhe Golf Course piay due. ...to t.~eir loud oarkimr ·- or othe::- ac::ions.. ..olaving of . loud :adios. reie•/isions.. Stereos ar:d music~ ·inst...oUme!1ts, rur..ni.11g, hieye ling, skareboardL.-:g, •.vaiking or trespassing in a.11y way upon the· Go If Course.. oickirtz · . .... - uo" balls oranv" other similarimer:'ererrce wiu.~ ...ol~.v.
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6.03
Liabiliri. None ofDeclann~ Golf Course Developer, nor me Associaxion, nor any
oftheir respec~ive appointees, directors, officers, e6ployees, contractorS, consultants, shareholders, affiliates. -assignees, successors, nominees or agents shall in any mar..ner be held liable or ··responsible, either directly or indirectly, for· any datnage to a Dwelling, Homesite or any irripro·1t-emerit thereon or personal property, or :a.n:y injur; to .a person due to any golf ball, whether in modon,_or at rest. which has been driven from the golf course or its environs, and each Owner, for· themselves and their gUestS and invitees ack...~ov/ledge that risk of injury to persons or property are inb.erent to persons or property located upon orin close proximity to a golf course. and agree that they assume all risks resulting therefro~ including but not H.triited to, claims of negligent design of the golf course. Dwellings arid negligent cortstrr...Iction of improvementS or location of improvements. 6.04
Concurrent Development. .
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AS OF THE DATETHIS DECtARATIONIS EXE'CtiED,pECLARA.~"T
A:..'-ib THE. GOLF COu""RSE DEVELOPER ARE -SEPA...lt.-'\TE 1\;;'\.J) DlSTIN"CT COtvfP_-\.;"\jLES~ A:J.'-11J ARE NOT P .-\R.D"ERS NOR Jobtt ~vE~iTIIltERS. IN AObiTION, AS OF THE DATE THIS DECLARATION IS EXECtrtEb,JTIS THE IN--rE~"TION OF DECLA.:R....:\...~1 A.!"'DTHE GOLF COURSE DEVELOPER THAT tHE GOLF COL"RSE SfL-\LL BE A SEPAR.A.TEL Y 0\V~i"Eb GOLF COCRSE,:SEPARATE A.~TI DISTINCT FROlV£ THE ASSOCL~TION A:i.~TI THE DECLAR:A.:.~"T~ THE GOLFCOtTRSE ;.1-\.::.'ID tHE dOtFCOL'RSE E)lv"ELOPE SH.U.L NOT BE P~-\RT OF THE COM~£0N PROPERTY ·. Dec #:CH01 (1G27'4-0CC56) 2051524Sv4:HIZ3/199ainme:11:13
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.-\..~TI ~ ciTHE~ iF..E ASSOCt.-\TIO~ ~-OR .4._~-y 0\v~""ER SHALL fL-\ VE _4._~r- RrGHT c--.· .A..:·
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\\ifHLE DECLA.P~~-\)."i H... ~.. :VL-\DE RE-\SON.-\BLE EFFORTS TO E~SCR.E TE.-\T TEE GOLF COLKSC:. \vli.I... 3E DEv""ELOPED. OW');,r;D :\...~u OPERA.TED ~-THE :VL~~~ER DESC~E:!J EE:QDi, DECL-\B...-\..~"T IS L~TIER )iO OBLIG.-\710~. TO DEveLOP A. COL? .COCRSE. :--.rOR DOES DECL-\...tt.-\..'\"T . : GCA..rt.-\..~"TEE TE..-\1 .-\GOLF COCRSE OR GOLF CLCB W1LL CONil)..'-C.t. TOBE OPER..-\TE:U ON THE GOLF COCRSE E~v"ELOPE.
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ARTICLE v1l .A.).~~XA--::-TO~ ..
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1.0 l Subrnissicr. of .~;cditional R~sider:~:ai _..\.rea. Declarant shaH have me option and ri~~t .from drrie •o tL.'ne .. 1-viu.I:J.ou;: tile necessir',.t of consent b·v ilie Golf Course Devdooer..the Associatior.:. nr the 0\Vners. but subjec:: io Sec:iori' -; ~02 of chis -~--::idee. ~o sub!PJt all or a· portion. of the Additional R.esidential :.Area to t.'lis Declaration and thereby :o cause ±e AdditionalR~sideririal .'-\rea, or such. · portions t.liereo i as may be submitted. tobecome _?ar:: of t:he P4Uperry. This option may be exereised by.theDeclaran.r.in ac~ord.ance \viu.l:i ilie conditions ar.:d iirr..itations set forJl.in Section 7. 02ofthis A:rticie, ·which :are the otily conditions and limitatioi"~ on suc:i ri~hr. N ot'.vithstariding the foregoing, Declarant will comply with Sec::ion 9.10 hereof. · 7J)2
.Conditions ori Annexation.
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ar. .nexation as ·Permitted ill Section 7.01 of this
.ArJcle shall be in accordance \Vith the following teffiis and conditior1s: The option .to submit the. portions of the Additiopal Residential Area may he exercised any time and from . .time to time Uiitil twenty (20) years from the date this Declaration is recorded; provided; however, .that the Owners of Homes ires to which m·o:.. thirds of the Chi:ss A votes in the Association appertain~ ali as set forth in the Residential ·. Coverta.."'its, exclusive of any v¢te or votes appurtenant to Hotnesites then owned by >DecLaranr., tnayconsenno the extension of such option by vote taken notmore than one (1) .yeru-priotto .the .date upon \vhich such option will expire. . .. . . . · .. (ci)
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may
·Portions of the AdditionaL Residential Area be added at different times, artd fuere are J:iO limitations fixing the boundaries Of those portions dr regulating the Order i.n which such portions may become par. or the Property. · · . .(b) ·.
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(c)·· . The option resen·ed by Section 7:or.ofthisArticle maybe exercised by the
·Declarant alone {Without the con5entof the Go If Course Developer, the J\ssociation or any ·
. o~-ri.er)by the 'execution by the.beclarant of an amendment to this DeClaration which shall .. ..
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...~....,..;1;!.11 ·~h ·o;:;:; •. ,. .-.~.., R... ·~.=..-···7"\..,....:·~· g·· -· ·· ·· .J..C . u.~c .... ,oc ....c L .... grs ...... Vl ue~:::s ~or. c8.Ul0rL Cvunt'r. ::::outh C:uouna..:
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:-\J.'1Y such J.m~::dm~nt sh<1il ;:!:!sicentiai :\rea .!S. .hav~ become :J~ or' me ?rooe::-7.- bv J.n.nexic:on. The :orezoirt2: :s ::10t imenced io ;1·rn. ir Oedarant' s obligations .::oritj.ifled in Sec-::ion 9.: tJ ne:-eo r: ..
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(d) Should .·the ooticn m 3.dd .d:e .'\(!dit:ionai Resicienrial A.rea. or anv .bardon ... . . · che:-eor: nor be exercised wir.l:in the ~erm spec:t1~d he:-ein ot be .vrherwise .released. or rer:ninated by Declarant, Deciaranr shall nor be obligated co impose on w.1.e Additional Residential Area or any portion thereof any ..:ovenams. conditions or restrictions \1/hatsoeve:-. ~
7.03 Proposed .of.Fumte Development .::of ;~\dciirionai Residenrial Are::L ::--;ot'.vithsran.d.ing any other provision contained in this Dectararion. Declar.:mr is urtder no obligation w acquire or ceveloo of the Additional Residential .-\re::L A..i1V ... .an'/ .• ...iJOrtiotr . . . - :-eferences to ''orooosec" .... . . or •ifuture''. ceve!opme::r are for the DeClarant's :efe:ence ody. and any por::ion of :he .--\cditiorral Residential ..'\rea may be de~re!oped by the Deciar2hr as Declarant in irs so.le. discretion sees tic pro-v~idec, however, ir' acquired bybeclatanr such ..-\.cidirional Residential Area shall be subjected t.o this Declaran0n. '
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7.04 -vv-:r:dicita'}l~ll 0fPtooe~.r. Declarant rese::ves the ri2:h.t to arn~nd rhis.Declaraiion •;vit-1. tb.e prior \vrir::en approval of Golf Cou..-se Developer, •.vhich appro;al may be ~.vit:hheld in its sole 'c:mc: absolute discretion. so long as Declarant ho Ids the unexpired option to· expand the Property pursuant to this ...:\r..icle, :~.Vithour prior notice. and without the co£"..senr ofany o.ther person (Le~. other than Golf Course Developer) for the purpose of:emoving ce~..ain portions of the Property .then owned by Declarant from the provisions of LhisDedaraticn ro the extent origi,na1ly included in error or a.S ,a .result ofanv c.hari2:es wharso.ever in the ..oians for tb.e Prooe:t"..r b"· Declarant. .. "" desired to be effecruared ..
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ARtiCLE vTII EAS E)lfE~--rs .
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· .. 8.01 Prhnarv Roads. Tne beclaranr dOes herebv tese:ve for the benefit of the GolfCourse beveioo·er and the ·'Golf Course Users"(as hereinafter defined) a perpetual non-exclusive easement appurtenant
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·L:.1go6n 5vsrcm. The ucc:ar::m hc:-eby ::-escr-•·.es a ::::ainc.e::ance J.nd ::-e?ai:- ~~eme:::r ~or d:c be~et'it 0r· the Declarant and :he Goif C0urse De•:elope: ~o :::!rfec::uarc .:u-:c c:::rorc';;! the provisions -:>f ~~is Declaration :elating :o :he LJ.gcoli Syste=u. The :!~e:ne:1t ~eser-:ec :':.erein mav be ur:iizeci oy ~b.e Dec!ar:int and the Gol:t'CJL.trse :Jeve!ope: tn any :-easonable m:W...."te::: :o d.evelo~. cons .... .lc~. repair. rep[aC;;!. operate anc!. :nair!rain u.~e Lagoon Systei:l. \Vi6out ti.rniring u.~e roregoing, GoifC0urse De•:eloper shall have oer::Jetual e~e::1enrs ;:o utilize I ::md. ir· necessarv. reo air. reb lace and :r.aintai."l) ±e La.goonSvstetn ~d ;eroeru.al e2Semenr to use ali ware: ~ocared ""~ith~ rh~ La'croon S yste::1 :1e.d u.:.,.e L:igoc~ Sys;em wil!.n~r b~ ::rtodir":ed, irnpai.:-ed or :::esrr:c:eci in :my rriar..ne::: without the a9proval orGolfCou.rse . Developer. A~diriona~Iy, should eiu.~er :he .Dec:a.ranr or :he Golf Course Deve:ope: :ail :o repair and maib:tai.Ti ±eir respe-:::::ive port:or: or :.'le Lagoon Sys
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Cart Parh/Tmgatioh Line.
(a) Declarant hereby reserves for the exclusive be~et"itof the GolfCourse Develope::: andGolfCourselisers rempohir'Ynpn~exclu.Sive easements; on, under. ac:-oss and through l:he Properr; .(and the Additional Residential ~:.\tea, •.vhen acquired), for the construction, maintenance and use of c:irt parhs,and irrigation lines between noncontiguous. portions ofilie Golf Course Property. Tne Golf Course Developer .tnay grave! or pave such car. paths areas pending i.nstallatio~ . of the roadways by Declarant~ Saideasemem shall terminate ~pori dedication ofthe ri~hts of ways, ' which dedic'ation sha:U establish a pennanerit en.Semenr for said construc~ion, n1aintenance -and use · of said c.art paths and irrigation liri.es.
(b)
and Golf Course
Declarartt furthet reserve for the exclusive benefit ofGolfCo,urseDe'ieloper. tor vehicular and pedestriari Jrtgtess and
C'setS perpetual,. exclusive easements
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egress ::md :or use. o!Jctation. repair and :nai.hreriat:ce areas de tined :lS ··A.;::ess E:lSemems'" on :he Sur;·~y.
vr icg:ition :incs ovc::-; through and under ~he
·. :3:0..!. .. GolfCourse l==!lc:em.ems. The Dec!2.r::mc~rs :o d:eGoifCourse De•.·elool:!r. t:ogetb:er
.·wiu.'1 GolfCourse Deve!oper'siessees. teri:mcs. subte::Ianrs. se:-vancs. iidepcnde:ucon~t~ors~ a;e:1cs. members. guests. invitees. successors and assigns (.:ollt!ctiveiy die ''Golf Course Csers") a- non.:. exClusive easeme:1t over and across the R~side:1d:ll :-\.re::t(the "Genenl. Oeveloomem E::tSement") rot the :following ?lirposes:
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fii~hc and ~errievalof goifoails over, across md uoon - t...'1e Residential
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Area:.
(b)·· Doing ev~ery act necessary andincident to p_Iaying golf on the Golf Course, including:~ bUt not limited_ to, the creation ofust!al and common noise levels associated with golf play; ·.and tb.e ?la~·while standing out of bounds of a golf ball thar lies within bounds as permitted ·by ~h~ riles of golf as are from time to ti.J.-ne appiicaole;
and
(.:) · Creation of noiserelated to nor:nal :namtenar.ce and. oper:1rion of the GolfCoutse . Reside:itia.l Area including:, but net limitec m. the ooerntion of rr!O\Vin!Z. raki..'l!Z and· spfuvimr equipment subject to the Residential Coven~ts. · .· -· - ·. · -
(d)
·The General bevelopl:rtentEasement shall be renderednull and void (and replaced ~.vith Paragraph{e) ofrhis Seetion) '-V'ith :espect to any porion of the Residemial.%ea that is or becomes the subject of a govetn:tnemally approved subdivision plat recorded in the applicable land records (a "Plat") creating a residential or commercial lot (a ''Lot'') frtnh the later of(i) the closing date and·(ii) the date that such Plat us recorded in the applicable land records.
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(e) The Developer, gra.ncito the Golf Course t:sers a non-exclusive ease·mertt oVer and . across each Lot from the later of(ij the closing date and (ii) the date that a Plat creating such Lot is recorded .in the applicable land records for the following purposes: (i) Flight and retrievai of golfbaUs over, across and upon such Lot; (ii) Doing ever-; actri.ecessary and incidentto playing go·Ifon the Golf Course~ ·.. ihcluding, hut not limited to, u.~e creation of usual conunon noise levels a.Ssociaced •with golfplay, the· play \Vhile standing Out of bounds a golf pall.
and
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that lies within boundS as oennitted bv., the rules of.. stotf. .~are from tim'e to 'time . · . applicable; · · ' · ·· .· . · . ·· · ·. .. . ..· ... . • · , (iii) Creation of noise related·to noriilal maintenance and operation of the ·Golf Course and Residential Are~ inCluding, but not limited co, the operation of mowing~ . raking arid spraying eqtiipmertt subject to the Residential Covenants. . (f) The existence of th~se ·easements shall not relieve golfers of liability for damage caused by errant golf balls;· Jirtde:- no circumstances shall the Oeclarantor the Association :
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.· 0. c !'ldd [iabic tor J.rtV ., damage - ur :nj'ur-; · . . :-est:iti..."i.!! - from ·.. these c2S
= . . :_;,alls· ~:--r ·~h~ -"""'~"';s·.,. or• .
;:!r:'"Jnt vQ[!-'
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· 8 0~~ · .. =nc-"'aC·:,r.1c .._e....,c.,t<:: ·lr··. ·:1•• r"'-....-~~c :.. -Onsu • ·.. .....,,~~; .... '-' '"' ,_,_ n.t t-, :...~ .·'· •. ~· ..c •• on.vl.•·.;:., ,•• c t"": ~OlJ.. ourse :s .:omotete. mi.rior ~nc:oacr.rncms exist or' the Go if Course cmo :.':c ~.~sicemi~ .-\.reavr :he R>!sidcmicl.4..rei onto rhe GolfCotirse. theDcc!arJnt Jrtd Golf Course :Jc·~·eioper hereby ~..mr each other ca.se:nems w·hich shall allo\\r said ertcroachmems :o exist. so long J..S :b.ey are not ~X.pan:C.ed .in :my \vay. Furth~::-. should ;my Unprovement: ,:onstit:ming :ln ~ncroach.r::ent: eVer be.abandoned tor 3. period ofsix (6) months or destroYed...the easement tor :har ;)ar:ic:.riar encroP.chmem shall bc terminated. Tne Dedaianr arid Golf Course Devetope::- shall .::oopc::-:tte with e:lCh vther :o !ocate and ac:::ommod.a.re said minor encroachments.
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Consrrt!ctionEasemem. Dec!~rhereb~·tese:Ves infa\:orofGolfCourse Develooe::. . . . rei:no.or:i.rv tor access ~o all t.b.e :Jarceis .:ornorisL.'l!! the Golf Course Proo.c8· ... .. easements . ... ... ... . across the paved roadS ar..ci unpa~ted roadbeds (::.!I':'er:.tly locared.withirt me Initial Residential A:.rea{and when acquired u.'le Additional Residential ...\re::t) le::tci..rig m points where sue~ roadS or roadbeds are conriQ:Uous -.o ~~e Goif Course Prooerr.; :or the ounose of coristruc~in!z rhe Golf Course anc Go if facilirles. GolfCourseDeveloper tviil~berespo~.sibie ror anyciaiilage ~o the· paved roads or ~de . of roadbeds caused bv the use of said easeme!:lts bv Develooe::Csers. .. Golf . CotL.-se . . . .. orGolfCol!rse . . : The use of sue~ easements shall . not unre:isonabiv it:cerfe::-e \vit.h dJ.e. construction of ilie road\vc:.vs ., .and installation of utilities by Declarant and said e2.semertts will terminate upori the earlier of (i) .dedication oftb.e roadways; or (ii) .:ornp letion of :he Golf Co.urse and Golf facilities.
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. 8;07 0\\.ners are prohibited from COI1Str".lcting ii:npro\.·emenrs including, but Iiot limited tO, . buildfug.(temporot'J or permanent), fences. walls, swirnntingpoo ls, swing sets; sandboxes, .and other such playground appatarus and the planting or removal oflandscaping and trees without the prior 1kTittencoiisent of G-olf Course Develope::-withirtlO !eet from the lot line of lots adjacent to the Goif ···Course Propen:; :Without :first obtainit"lg t..~e prior ·~Titte:J. approval of Golf Course De\.·eloper. which · approval shall not be unreasonably withhe!cL Additional restrictions on deveLopment adjacent to the GolfCours.e \villbe contained in the Residential Covenants.
ARTICLE£'( GE).r:~A:L PROv1$TQNS
9;01
~~rnendrtl.ertts ..the provisioJns ofthis Declariu:i6n lllay only be arnen.ded by the'
·Declarant \villi the '.1..-rirten approval and consenrofG6lfCourseOev~lopet. Neithetthe·totO\vners · nor the AssoCiation shall have the rig.~t .co amend this· Declaratioii If and '-vhen ·Declarant has rutileef: over control of the Association to· .the··Q\vners~ this Declaration !nay be.arnended by an instrument . · signed byGolfCourse Developer and rwo-thirds{:!/3) of the then'Ovmers ofDwellings substantially affected by such change of Covenants, has been recorded~ agreeing to change said Covenants in whole or in part~ ·
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E::-trorc~r:-:c:-:.r. Dedar.:J.m :md cac~ O"vne::- shaih:ompiy 5tr:cdy •.virh :his !Jec!antion :.md J.tlV oubiis~cd :uics. rezui::trions as ~!tb.er 1)[. :he 5::t.G;.c ~av je lmv-r...tilv JlTic.,C"""' .::..o·m.a. .. 'I.m"':' . .. .. •• .. .. ......... -...... ..... ·.. """ \.0 t~'nc ..u:d '.vir.h :he ..:o\·e:::ar.rs . .:onditions :md restr:c:ions 5e~ tcr.h in .my .:ie:!d vr •)the::- :nsu.-:rme!'lt 0 r ..:onv
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rot impc.sir..g ::r:cS vr :cr ~ns~itutir.g :li1 :lC:ion :o :'ecover SU::!S -::ue :or d~ages ::U:C'tJr t.Uj~:1c:ion · re!ie~: Sue:-:. ..1c::ions .:c be maim:1inabie oy Dedar._nt vr Go if C:>urse De·,·e!ope::-. Should the Dec!ar±t ar GoifCvurse Deve!oper ~:npioy !egal ..:ounse! ar ~nrorce J:n.y of :he toregoing. ail .:osrs tnc±ed of 5uch -::nroreertle:J.t. inc!tiding .::our:: ..:osts ;me :-easonab lc :J.C:Oney's te:!S shall be oaid bv rhe 'liolating 9a.r-::·.. hJ.asmuc.h as ilie entorcernem ofdle provisions oft.'Us Dec!ararion and th.e mle;. regUiu~ons are essential :or :he effec:umion -:>f±.e genera! _;Jlan ofdeve!opme:::tt comempiared·hereby, ir is hl!:eby ceciared that a:ty breach ~hereof may aot ce adequate!~, compensated oy :-ecove::v of damages .and ilia~ the Declarant and Golf Course Deveipper, as :Ipplicabie. in addition mall oilier remedies. mav require and shall be entitled to the remedv ofi.niunction m restrain ililV such violation or . breach or ar..v ... th.reai:ened violarion ur breach. );o de!av. ., fail tire or vmission on the ...carr of the Declat""'...nt at Go if Course Deve!ooer. as.aoolicable. irt exercisi."'l!:?: or rern:edv" herein ... ... ... -.anv, rist...~r. ...oowet . shall be .:ocs~r.:ed as ·.ar. ac~uiescer:ce rhe::-e~o and shaH be de~med a waiver of the ti~itno enforce .sue~ ri~fJ.r, po\vet or remedy. rhereaJ.~er, as dle sart:e vio!arion or.bteacb. or as ~o a vio[atiori or breach occur prior or suose.quem diereto and shari !lot oar or affect irs er.J:orcemenr. );o ri~l-:lr af action shall ·accr..re ~or shall anv the Dedaram ... ac::ion be broufdlt - or maimai.."'!ed bv., art:\i"one whatsoever a2:a.L.:.sr for or on accour..r of arty fai:i.lire to bring ai1y ac::ion. •
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9;03 D~rarion. The provisions of this Declaration shali run with. and binddrle to the .A.tea when acouired. shall .be bindiri2: uoon and inure· to· the Ptooer::-.; ,... " and the Additiona.I Residential . . .... .... benefit oftheGolfCour$e Developer, all 0\vners .of the Golf Course Developer. and :Yfortgagees and their respective heirs, executors, legal representatives, successors, and assigns, ar..d shall be and ·remain in eifec~ for aperiodoftiinety-nine (99) years frbrtland after die,date of the recording of the Dec!atarion, provided that righrs a..TJ.d easements which are stated herein to have a longer .duration shaH .have such lon2:er duration. Coon the exoiration of said niner. .·-nine {99) vear·period. this Declaration shall be automatically re~ew·edfor s~ccessive ten (lO)ye~ periods. T~e number ten .( 10) year renew·al periods shall be unlimited, with .this Declaration being auromatically renewed and exrended upon rh.e expiration of each ten ( 10) year rerie•.val period for an additional ten { 10) year period, unless cu'l instrument, signed by Golf Course Deve!6per and two-thirds (213) of the then bv..ners oftJwe!lin£s has be:!n recorded asrreeing to terminate this Declaration. Everv ourchaser or . " g!'antee .of any .interest iti any of the Property, by acceptance of a deed or other conveyance therefor, thereby a~ees that the provisions of this Declaration shall tun withand bind tide to the Property as provided hereby. .
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9.04 Perpetuities. Ifany ofrhe coveriarits,c6nditioris, restrictions, or other ptcrvisions of this Declaration shall he unlawful, void, orvoidabkfor violad~n of.the rule against perpetuities, then .such prov·isioris shall continue only until t\vency.:.one {21) years after the death of the last motheroffurmeru;S. President John 5Uf1iivorofthe now livinzdescendants of:Yirs.Rosek.ennedy, . Fitzgerald Kennedy; .
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9.05 Tr.remrerarion. ·..In :til C~es. r.~l! ::>rovisions se~ :orJ1 tor in iliis De,..J..,,....,tl"o· . . or orov!_.. nol:'.vir.hst:mcing me existence or" :my zoning 0rdin:mce ur building .:odes which .J.re less restrictive. Tb.e ccec:ive ctare of rhis Dec!ar.irion shall ~e rhe dare of ~rs riling tor record in rhe Office uf !:he Regisrer or" Deeds for Beautort County. Souu.'l C.1roiina The ;;aptions .ofeach ~4.:..--ric!e and Section hereof ;JS ro .:onrenrs of each ~-\rtic!e and Section are inser:ed only tor conve.n:ie:ice and Jte £n :1.o ~.vay r
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9.06 . Gender ·and Grammar. The singular wherever used hereiil shall he constraed to me:m
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t..i.e .....:Jlut:ll \vheri aoolid.ble. and dit! nec~ssarv -. imlt:"..matical chan!Zes·reauired to make chi! ...orovisions ... ... ... . . hereof apply e!ther m corporations or ocher entities or tO individuals, men or women, shaH in all cases be assumed a.S thoug..iJ. in each case fully ex;tessed. '
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9.07 Severab'nit~/. · \v'henever possibie. each provision of tills Declaration shall be inrerpre~ed in suc.h manner as ro be e:t:ective and valid, but if the application of any provision of this Declaration to a..11yperson or to any property shall :,e prohibi.ted or held invctlid, such prohibition or invalidity shall not affec.t other provision or the application of any provision which can be given effect •.-vithout the. invalid provision or application, and tO this end the provisions ofrhis·J)ecla.ration are declared to be s.everable.
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9.08 >i'o Trespass: W"hene'/erthe Declarant or GolfCourseDeveloper or.iheir'respective suc:::essors;. assigns, agents, or employees are penr.Jtted by this Declaration to enter upon or correct, repair, clean.· maintain. preserve. or do any other action within any portion of the Ptoperzy (or the ·.Additional R~sidential Area), the enter'Lilg thereon and the ta.ldng of such action shall not be deemed to he trespass. · .
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9.09 Sigrtage. It is intended that there will be a single sign at the entranceway which identifies both the :Residential Area .and the Golf Course •. This single .sign will be mutually reasonably acceptable to Golf Course Developer and bed~t. 9.10 Covenants with Res9ect .to the Additional Residential Area. Declarant hereby aCk:no\vledges ahd agrees~ for the benefit of Golf Course Developer, to record this Declaration ·against the Additional Residential. Aiea imrhediately lipon ·acquisition by Declarant, its successors · or assigns, of all or atiy portion of die Additional Residential Area.. It is: the intent b fDeclarant that all of the land identified on the mater Plan be enctitnbered by this Declaration. Declarant further acknowledges and agrees that tlus covenant iS a material. inducement to t:he Golf Course Developer's acquisition of the Golf Course Property and the constrUction of the Golf Course.·· IfDeclarantfails
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to so record this Declaration this Declaration shall be deemed to encumber such Additionai
Residential· Area in any event. ,,__
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9.11 Futther Assutance. D~larnnt GolfCoiJrse Developerherebyagree to amend d1is ·. Declaration if re:J..Sonab Iy ·requested to do so by the oilier patty in order to effectuate the intent anc putpose of this Declaration. All such a:rnendmerit.S i:tlUst be mutually reasonably acceptabie m. rhe ·Declarant and Golf Course Developer.
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IN w:TNESS WF..EREOF this . Ceclara,tion was executed by Declarant on t:he day and year .=.irst: above wr.itt:en. I
. WI'!'NESS:
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·D EC:L;L~:;.,.'IT ·: C~"":':SX HOM:E:S a Ne~.rada Genet""al Partnersh:.;' I
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James . E. . . ·.· ower . ·
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ST.-\TE OF SOCTILCA.ROLINA
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the underSigned Notary Public tor the State of South Carolina. do hereby certifv that &;! J .. <:'". 7/1'~ r..W<. its iJ/J.JH,..J .1"4 -4V~.6~ .• ·of Centex Homes, a)[evada general par::ne.:-Shio. /personally appeared before me on behalf of me'parmership this day an~ in the presertce of 0":0 wimesses , acknowledge the due execution ofthe foregoing instrtlrilent•.
:. Wimess r.ny hand and seal this '..2 J
day of~ovem?er, 1998.
Nodf;..;;;: ~Carolina •
:Yfy Coinrtlission Expires:
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Exhibit "A" All those certain pieces, parcels or lots of land lying arid being irt Hlufton Townshi6. Beaufort County, South Carolina. consisting of .. P:trcelT" having and cotuaihing 226.5-+7 acres. mo~e or less. lfParcel II" having and containing 22.565 acres, more or less, "Parcel III" havinz .:u:c containing 1-t-.004 acres, more or less, and "Parcel f\i" having mtd conraitri.ng 3.442. ac:es, more or less, and being more fully shown and'depicted on that cerrainphit.entitled "A Boundary.Piat.ofTh.c Crescent Tract I. Blufton Township,Beaufort County, South Carolini", said plat beitlg prepared :,y Coastal Surveying Co., fnc.,.A.ntoineVinel, S.C.R.L.S. # 9064, saidplatbehtgdai:ed :Yfay 7, 1998. and recorded on September 18, 1998 in the Office of the Register of Deeds for Beaufort Countv. South.Carolina in Plat Book 66 aiPage'l56. For a more detailed descriptiohofmetes and bout~. courses and distances, reference is made to said plat of record.
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Exhibit "B"
. All those certdin piec.es, parcels or lots of land tying and being> in Bluftdri foi;•mshio. Beaufort Cotinry. South Carolina; consisting of "Parcel A" having arid containing 2:2.57 acres. mo~e .pr less. ''Parcel B" having and conta.inirtg 12.98 acies, mote odess, ''Pat:celC'' having md concairii.n2: 3.42 acres. more or less,"Parcel D'' having a:nd containing 60.41 :a.cres.,rnbre or less~. ''ParceLE:: having and containing 34..30 acres, more or tess. "Parcel F'' having containirig;36.58 acres, more or less, ''Parcel G" .having and containing 17.03 acres, more . or less. "ParcelH" .havin2: - and conta.iiling 19.21 acres, more orless, and "Parcel I" having and containing 14.00 acres,;.ttibre or less. and being more fully shown and depicted on that·certain.plat entitled "A-Boundary Plat of The Cresc.erlt Golf Course. Hluft6n Township~ Beaufort County, South Carolma", said plat being prepared by Coastal Surveying co·., Inc .., Antoine Vine!, S .. C.R.i.S. # 9064, said. plat being dated ·i\IIay 7, 1998,lastrevised November 11, 1998 and recorded on September 21. 1998 in the Office of the Reiister of Deeds :tor Beaufort County, South Carolina in Plat .Book 66at Page 157 andrerecorded in Plat Book-{,') at Page'/ 7/ : said record office. For a more detailed description of metes arid bounds, courses and distances, reference is made tb said plats of record;
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EXhibit . ire"
All t!'.!.ose certain roadways shewn. and depicted en i:hat ce1:::a:..:: Pro!_Jdsed Master Plan for The C~escent, which a~e rricre parti.c~:a..:-:y . . described .as: Crescent Drive Meridian Point Drive
carrington Point Drive - Crescent Circle
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