Dataw Island Masterplan Changes

Transcription

1 Dataw sland Masterplan Changes ~"

2 Ui=n 0 " *"' """ DATAW SLAND '1986 October 3 Mr. Charles Gatch Executive Director Beaufort Joint Planning Commission,PO Drawer 1228 Beaufort, SC 'RE: PERMTS - MASTER PLANNNG - OVERALL,Dear Charles: '1 Alcoa South Carolina, nc. requests approval of a revised Master Land Use :Plan for its Dataw sland project. The revision is non-substantive and results from reorganizing the routing of the future (2nd) golf course. Routing revisions affected road layout somewhat. :Total unit count is 4 units less than our previous Master Plan, and drops gross density from 1.82 to 1.80 units per acre.,phase and V-A are developed with the exception of the bonded Cotton Dike Court, and are accurately portray~d. Required submittals are attached,(boundry survey). Please review at your next meeting and act favorably on this update. Sincerely, ~~~.~ Davin P. Ba;;u~ 'Manager, Planning and Design DPB:csr Attachments ALCOA SOmi CAROUNA, NC. a subsidiary of ALCOA PROPERTES, NC. P.O. Box Charles Street. Beaufort, South Carolina m ALCOA,.' 00002

3 - DSO PROJECT REPORT- REVEW ~#fltb TYPE REVlE''; 0 staff ~/ full body PROJECr ~~h {!/~ TYPEF,~----L-j;::/,--- LOCATON--Y~~ DEVELOPER {APPLCANT)~c (? ~, TYPE APPROVAL SOUGHT 0 preliminary 0 final. const. only B' final '-" LMD ~~ NO. RES. UNT'S (lots) ZC -- r BLDG. SZE NO. of BLDGS. {comml ndus'---t"l =-ns-t-;:")----- '" WATER SUPPLY. SEWAGE DSPOSAL~.::: DENSTY/8'~ / '-:::===- === _.. SPECAL DSTRCTS 0 flood 0 conservation 0 Beach VARANCES SOUGHT BONDED MPROVEMENTS, ~ BOND AMOUNTS, TYPE BOND~ ~~--~~ ~ ~ Beaufort County Joint Planning Commission / P. O. Drawer 1228/ Beaufort, S. C i, 0000:3

4 ral~ --- DATAW SLAND August 2, 2002 Ms. Hillary Austin Beaufort County Planning and Zoning P. O. Box 1228 Beaufort, SC RE: Application to the Development Review Team for Amendment to the Dataw sland PUD Agreement Dear Ms. Austin: The Dataw sland PUD was approved by Beaufort County in This acceptance pre-dated the current requirements for the submission of PUD agreements for County approval. n order to update our PUD, we request that the Dataw sland PUD Agreement be amended to include the DatCllv sland Covenants, Conditions and Restrictions, and the Datmv sland Design Guidelines, copies of which are attached. f you have any questions or comments, please call me at Sincerely, QuO~~ Robert O. Drouin v \) General Manager cc: John Mahoney Jim Smithson Phil LeRoy D.'TAW SLAND OWNERS ASSOCATON P.O. Box 819 Beaufi.m. South Carolina A Cotton Dike Rd.. Dat;!w 1s[;mJ, S(luth Carnlina

5 ~~.",'P'".. (M.+'W... ~--T't -';~~ '~'""]'T~.. _... -T'"- - t""' 4\_~ ""'- '''''''-~ '''P' ~;;~... _...., ""_...,...,,.ss"'''''',... aa-_., , \ j COUNTY OF BEAUFORT DEVELOPMENT REVEW TEAM ACTUNFORM., NAME "y~ ~an "'" -Jur T", 1 "n<'l 3 LOCATON PN LAND LO', ~ful"" BLDG 'O, MP N/A N/A N/A DATE OF n" ~, ~'~nlay u,~, '''L' FRE u.~ on.~ moo n'~' 9/25/ fjj? N/A St. 1J"'Qn,,, ~a''''n'' PUD, TYPEOFDRT ( ) njal ( ), <T (X) FNAL NO CONDTONS { n«, mu REASONS:,. 'f' WTH CONDTONS CONDTONS:.,~i- SUBJECT TO, CONDTONS: m..lifn (PLEASE SUBMT THE FOJ - ',- " ~ q J5/Q2! DATE,,

6 ~"' c., ~... ),,} t ( AMENDED AND RESTATED DECLARATON OF COVENANTS, CONDTONS, AND RESTRCTONS FOR DATAW SLAND.,

7 i038 NDEX Page PREAMBLE ARTCLE DEFNTONS... 3 Definitions... " 3 ARTCLE ARTCLE DEVELOPMENT OF MASTER PLAN... 7 Plan of Development of Property... 7 Plan of Development of Additional Property Multi-Family Associations... 9 Marina Multi-Family Area..., 10 Water and Sewer Facilities nterest Subject to Plan of Development Development Completion PROPERTY RGHTS..., 11 General Owner's Easement of Enjoyment Recreational Amenities, Common Areas & Marina Access., Easements for Declarant Changes in Boundaries; Additions to Common Areas Easements for Utilities Easements for Walks, Trails and Signs Easements for Association Sales and Construction Offices Easements for Additional Property.... Maintenance Easement.... Environmental Easement.... Wells and Effluent.... Golf Course Maintenance.... Entry by Golfers Encroachments No Partition Patio Homes ARTCLE V -'.01 MEMBERSHP Membership... 20,,, '7

8 ARTCLE V MANTENANCE Responsibilities of Owners and Multi-Family Associations Association's Responsibility ARTCLE V NSURANCE AND CASUALTY LOSSES nsurance Damage or Destruction to Common Areas Damage or Destruction to Lots, Dwellings or Multi-Family Areas ARTCLE V CONDEMNATON Condemnation of Common Areas..., 26 Condemnation of Dwellings or Multi-Family Areas ARTCLE V ADMNSTRATON Common Areas " Duties and Powers Agreements....'.... Management Agreement Personal Property and Real Property for Common Use... " Rules and Regulations ARTCLE X ASSESSMENTS Purpose of Assessments Creation of Lien and Personal Obligation of Assessments Computation of Annual Assessments Special Assessments ndividual Assessments Notice of Meeting and Quorum Liens... ' Effect of Nonpayment; Remedies of the Association Certificate.... Date of Commencement of Annual Assessments i., 00008

9 j, ARTCLE X ARCHTECTURAL STANDARDS AND USE RESTRCTONS Purpose.... Architectural Review Board.... Permitted mprovements Construction of mprovements.... Architectural Approval.... Landscaping Approval Approval Not a Guarantee.... Building Restrictions.... Service Yards.... Use of Lots and Dwellings.... Boats and Watercraft, Exclusive of Marina.... Exterior Appearance.... Signs.... Mailboxes.... Antennas.... Security Systems.... Water Wells and Septic Tanks.... Water Conservation.... Pets Hunting and Fishing Limitations as to Use of Bodies of Water.... Nuisances.... Golf Course Areas.... Motor Vehicles, Trailers, Boats, etc.... Sales and Construction Activities.... Multiple Ownership.... Repurchase Option... '.... Garages ARTCLE X SPECAL RESTRCTONS AFFECTNG ALL WATERFRONT, LAGOON AND MARSHLAND AREAS Restricted Zone.... Docks and Decks not Absolutely Prohibited.... Conditions for Erection of Docks and Decks.... Maintenance of Docks and Decks.... Entry by Board of Directors, Architectural Review Board or Declarant.... Nature Preserve

10 ,. \ 1 f), n... ' - '.i ,.. / ARTCLE X RULE MAKNG Rules and Regulations Authority and Enforcement Procedure ARTCLE X GENERAL PROVSONS Amendments by Declarant Amendments by Association Enforcement Duration Perpetuities nterpretation..., 57 Gender and Grammar Severability Rig hts of Third Parties Notice of Sale, Lease, or Mortgage No Trespass Notices V 00010

11 , AMENDED AND RESTATED DECLARATON OF COVENANTS, CONDTONS, AND RESTRCTONS FOR DATAW SLAND,, " " 10~3 THS AMENDED AND RESTATED DECLARATON OF COVENANTS, CONDTONS AND RESTRCTONS for Dataw sland is made this 1 st day of October, 1996, by ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, authorized to transact business in South Carolina. WTNESSETH WHEREAS, ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, is the owner of certain real property located in Beaufort County, South Carolina, 'known as DATAW SLAND and does desire to subject such property to the provisions of this Declaration and to have constructed on the property a private residential community with related recreational facilities and to provide a flexible and reasonable method for the administration and maintenance of such property; and WHEREAS, as hereinafter provided in this Declaration, ALCOA SOUTH CAROLNA, NC. has retained and reserved the right, privilege, and option to submit to the provisions of this Declaration at a later time, and from time to time, as a part of Dataw sland, all or any portion of the real property described in Plat Book 30 at page 40, Plat Book 30 at page 50, Plat Book 30 at page 54, and Plat Book 32 at Page 62; and WHEREAS, ALCOA SOUTH CAROLNA, NC. hereby declares that all of the property described in Plat Book 32 at page 74 as revised January 1, 1985 and recorded in Plat Book 32 at Page 223, and any additional property described in Plat Book 30 at page 40, Plat Book 30 at page 50, Plat Book 30 at page 54, and Plat Book 32 at Page 62, that was by subsequent amendment subjected to this Declaration shall be held, transferred, sold, conveyed, leased, occupied, and used subject to the following easements, restrictions, covenants, charges, liens, and conditions which are for the purpose of protecting the value and desirability of and which shall touch and concern and run with title to the real property subjected to this Declaration and which shall be binding on all parties having any right, title, or interest in the described properties or any portion thereof, and their respective heirs, successors, successors-intitle, and assigns, and shall inure to the benefit of each Owner thereof; and WHEREAS, by Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland dated June 15, 1984, and duly indexed and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina in Deed Book 397 at Page 1 through 64, inclusive, ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, created and established a certain Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, Beaufort County, South Carolina, (hereinafter

12 i, sometimes referred to as "Declaration") for that certain property described in Plat Book 32 at page 7 4 as revised January 1, 1985, and recorded in Plat Book 32 at Page 223, and the Additional Property described in Plat Book 30 at Page 40, Plat Book 30 at Page 50, and Plat Book 30 at Page 54 as may by subsequent amendment be subject to the aforementioned Declaration; and WHEREAS, beginning on or about September 19, 1984, ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, executed and recorded as Declarant and as Owner of all Lots, Dwellings, and Multi-family Areas located on Dataw sland, Beaufort County, South Carolina, a series of Amendments to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said Amendments being dated and duly indexed and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina as follows: First Amendment Second Amendment Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment Ninth Amendment Tenth Amendment Eleventh Amendment Twelfth Amendment Deed Book 403 at Page 1296 Deed Book 414 at Page 43 Deed Book 427 at Page 1589 Deed Book 436 at Page 1142 Deed Book 503 at Page 1556 Deed Book 504 at Page 159 Deed Book 552 at Page 417 Deed Boo.k 568 at Page 807 Deed Book 590 at Page 1483 Deed Book 613 at Page 2360 Deed Book 644 at Page 1656 Deed Booktf12 at Page ElY NOW, THEREFORE, ALCOA SOUTH CAROLNA, NC., in accordance with Article X, Section of the Declaration, hereby issues and records this Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Dataw sland. 1 0, , 2 "'00012

13 ARTCLE DEFNTONS 1.01 Definitions. When used in this Declaration, unless the context shall prohibit or otherwise require, the following words shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms: (a) "Additional Property" shall mean and refer to the original real property described in Plat Book 30 at Page 40, Plat Book 30 at Page 50, Plat Book 30 at Page 54, and Plat Book 32 at Page 62, save and except the real property described in Plat Book 32 at Page 74 as revised January 1, 1985, and recorded in Plat Book 32 at Page 223 (Phase and Phase VA)' save and except original Additional Property that has already been added by the prior Amendments 1 through 12 referenced above. (b) "ASC" shall refer to ALCOA SOUTH CAROLNA, NC., its successors and assigns. (c) "Architectural Review Board" shall mean and refer to the committee who shall be appointed by the Association's Board of Directors to approve exterior and structural construction, improvements, additions; and changes within the Development as provided in Article X hereof. (d) "Articles of ncorporation" shall mean and refer to the Articles of ncorporation of DATAW SLAND OWNERS ASSOCATON, NC., as amended from time to time. (e) "Assessment" shall mean and refer to an Owner's share of the Common Expenses or other charges from time to time assessed against an Owner by the Association in the manner herein provided. (f) "Association" shall mean and refer to DATAW SLAND OWNERS ASSOCATON, NC., a South Carolina nonprofit corporation. (g) "Board of Directors" or "Board" shall mean and refer to the Board of Directors of the Association, which is the governing body of the Association. (h) "By-Laws of the Association" or the "By-Laws" shall mean and refer to those By-Laws of DATAW SLAND OWNERS ASSOCATON, NC., which govern the administration and operation of the Association, as the same may be amended from time to time. (i) "Common Areas" shall mean and refer to all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the 3 '., 00013

14 ,.1, Owners, less and except the individual Lots, Dwellings, Multi-Family Areas, Recreational Amenities, and the Additional Property. The designation of any land and/or improvements as Common Areas shall not mean or imply that the public at large acquires any easement of use or enjoyment therein. (j) "Common Expenses" shall mean and refer to all expenditures lawfully made or incurred by or on behalf of the Association, together with all funds lawfully assessed for the creation or maintenance of reserves, pursuant to the provisions of this Declaration. (k) "Dataw sland Club" shall mean and refer to the Dataw sland Club, nc., owner of the Golf Course Complex in the Development, including, but not limited to, the golf courses, the driving range, the putting green, tennis courts, swimming pool, golf and/or tennis shops, locker room facilities, clubhouse, croquet facility, and food and beverage facilities. () "Dataw sland Design Guidelines" shall mean and refer to that document that establishes design parameters and encourages the continuation of creative design commensurate with the quality of design established in the Dataw sland Land Use Plan. (m) "Declarant" shall mean and refer to ASC which has executed this Declaration, or any successor-in-title to the entire interest of ASC with respect to the Property and the Additional Property at the time of such transfer to said successor-intitle, or any party which acquires said ASC's entire interest with respect to the Property and the Additional Property at the time of such acquisition pursuant to foreclosure of a Mortgage encumbering said ASC's interest in the Property and the Additional Property. (n) "Declaration" shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions for Dataw sland and all amendments thereto filed for record in the Records of the Clerk of Court for Beaufort County, South Carolina. (0) "Development," with an initial capital letter, shall mean and refer to the Property and all improvements located or constructed thereon. (p) "Dwelling," with an initial capital letter, shall mean and refer to any improved property intended for use as a single-family detached dwelling or as a townhouse; condominium unit, or patio or cluster home, whether detached or attached, located within the Development. (q) "Foreclosure" shall mean and refer to, without limitation, the judicial foreclosure of a Mortgage or the conveyance of secured property by a deed in lieu of a judicial foreclosure. 4."

15 (r) "nstitutional Mortgage" shall be deemed to mean a Mortgage held by a bank, trust company, insurance company, or other recognized lending institution, or by an in stitutional or governmental purchaser of mortgage loans in the secondary market, such as the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (s) "Lease" shall mean and refer to any lease, sublease, or rental contract, whether oral or written. (t) "Living Space" shall mean and refer to enclosed and covered areas that are heated and/or cooled within a Dwelling. (u) "Lot" shall mean and refer to any unimproved portion of the Property upon which it is intended that a single family residence shall be constructed. A lot of land shall be deemed unimproved and thus considered to be a Lot, rather than a Dwelling, until the improvements constructed thereon are sufficiently complete to reasonably permit habitation thereof. Upon such completion, such lot and the improvements thereon shall collectively be considered to be a Dwelling for purposes of this Declaration. (v) "Marina" shall mean and refer to that portion of the Property now developed as docks, wharves, boat slips, marina store and all other related docking facilities. (w) "Mortgage," with an initial capital letter, shall mean and refer to a mortgage, security deed, deed of trust, installment land sales contract, or other similar security instrument granting. creating, or conveying a lien upon, a security interest in, or a security title to a Lot. Dwelling, or Multi-Family area. (x) "Mortgagee," with an initial capital letter, shall mean and refer to the holder of a Mortgage. (y) "Multi-Family Area" shall mean and refer to any portion of the Property in which common elements are owned by the members of a Multi-Family Association composed of such Owners, and within which it is intended that there will be constructed either (i) attached or detached townhouses, condominium units, cluster homes, or patio homes or (ii) boat slips and dock space which will be sold or leased to Owners pursuant to Section 2.04 hereof. n addition, any portion of the Property in which Declarant retains ownership and which contains boat slips and dock space v,hich are leased or rented to Owners pursuant to Section 2.04 hereof shall also be considered to be a Multi-Family Area

16 , (z) "Multi-Family Association" shall mean and refer to a corporation or an unincorporated association whose shareholders or members are comprised entirely of Owners of Dwellings or boat slips or dock space within a Multi-Family Area. (aa) Multi-Family Declaration" shall mean and refer to any instrument or document, and any amendments thereto, which may be recorded in the Records of the Clerk of Court for Beaufort County, South Carolina, with respect to any Multi Family Area and which creates a condominium or horizontal property regime for such Multi-Family Area or imposes covenants, conditions, easements, and restrictions with respect to such Multi-Family Area. (bb) "Occupant" shall mean and refer to any person, including, without limitation, any Owner or any guest, invitee, lessee, tenant, or family member of an Owner, occupying or otherwise using a Dwelling or a boat slip or other dock space within the Development. (cc) "Owner," with an initial capital letter, shall mean and refer to one or more persons, including Declarant, who or which owns fee simple title to any Lot, Dwelling or other property in the Development, excluding, however, those persons having such an interest under a Mortgage. n the event that there is recorded in the Records of the Clerk of Court for Beaufort County, South Carolina, any installment land sales contract covering any Lot or Dwelling, the Owner of such Lot or Dwelling shall be the purchaser under said contract and not the fee simple title holder. An installment land sales contract shall be an instrument whereby the purchaser is required to make payment for a Lot or Dwelling for a period extending beyond nine (9) months from the date of the contract, and where the purchaser does not receive title to such Lot or Dwelling until all such payments are made, although the purchaser is given use of such Lot or Dwelling. (dd) "Person" shall mean and refer to a natural' person, corporation, partnership, association, trust, or other legal entity, or any combination thereof. (ee) "Property," with an initial capital letter, shall mean and refer to those tracts or parcels of land described on ~xhibit B, together with all improvements thereon, and upon submission to the provisions of this Declaration, the tracts or parcels of land described in Exhibit A, or any portion thereof, together with all improvements thereon. (tt) "Recreational Amenities" shall include such recreational facilities and improvements as are from time to time located within the Common Areas and the easement areas established pursuant to Section 3.08 hereof. (gg) "Recreational Charges" shall mean and refer to all fees and rentals, memberships and other charges which are charged to an Owner with respect to his

17 1.049 use or the use by his family, tenants, or guests of certain Recreational Amenities or for the purchase of services provided in connection with the Recreational Amenities. (hh) "Site Plan" shall mean and refer to that certain plat of Dataw sland, filed June 15, 1984, consisting of 18 sheets and prepared by R. D. Trogdon, Jr., South Carolina Registered Land Surveyor No. 2712, which is filed in Plat Book 32, Page 74, and revised January 1, 1985, and filed in Plat Book 32 at Page 223 of the Plat Records of the Clerk of Court for Beaufort County, South Carolina, together with (i) any subsequent revisions thereof or (ii) any subdivision plat for any portion of the Additional Property as has been or may be submitted to the terms of this Declaration, as may be recorded from time to time in the Plat Records of the Clerk of Court for Beaufort County, South Carolina. ARTCLE PLAN OF DEVELOPMENT 2.01 Plan of Development of Property. The Property shall initially contain 278 Lots in Phase and 'contain 114 lots in Phase VA, and one Dwelling may be constructed on each such Lot. The Property shall also include portions of the Recreational Amenities and the other portions of Common Areas, including roads, utility easements, drainage systems and easements, and other improvements serving the Lots and Dwellings, to the extent the same are from time to time installed and existing. The dimensions of the Lots are shown on the Site Plan. All Lots within Phase and Phase V A of the Development shall be and are hereby restricted exclusively to single-family residential use and shall be subject to the standards and restrictions set forth in the Dataw sland Design Guidelines. Declarant shall have the right, but not the obligation, for so long as Declarant owns any Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development, to make improvements and changes to all Lots or Dwellings owned by Declarant, including, without limitation, (i) changes in the location of the boundaries of any Lots or Dwellings owned by Declarant, (ii) installation and maintenance of any water, sewer, and other utility systems and facilities, and (iii) installation of security, refuse and/or other Development Support facilities Plan of Development of Additional Property. Declarant hereby reserves the option, to be exercised in its sole discretion, to submit the Additional Property or a portion or portions thereof to the provisions of this Declaration and thereby to cause this Additional Property or a portion or portions thereof to become part of the Property. At this time, Declarant intends that the Oak sland Additional Property will be developed with a maximum of 250 Dwelling Units, together with roads, utility systems, drainage systems, and other improvements. Declarant will develop the

18 " -i l \ ) i)._ '. t, \. Additional Property in compliance with the applicable provisions of the Beaufort County Development Standards Ordinance and/or any other applicable government regulations, ordinances, etc., and further provided that in no event shall more than a total of 1546 residential units be developed on the Property. This option may be exercised by Declarant in accordance with the following rights, conditions, and limitations, which are the only conditions and limitations on such option to add all or any portion of the Additional Property to the Development: (a) The option may be exercised until June 15, 2000; provided, however, that Declarant reserves the right to terminate such option at any time prior to the expiration of this period by executing and filing an agreement evidencing such termination on the Records of the Clerk of Court for Beaufort County, South Carolina, and, except for such termination by Declarant, no other circumstances will terminate such option prior to June 15, (b) The legal description of the Additional Property is set forth in subparagraph (a) of Section 1.01 hereof; portions of the Additional Property may be added to the Development at different times, and there are no limitations fixing the boundaries of those portions or regulating the order, sequence, or location in which any of such portions may be added to the Development. The exercise of the option to submit a portion of the Additional Property to the Declaration shall not bar the further exercise of this option as to other portions or the balance of the Additional Property. (c) f the Additional Property or any portion thereof is added to the Development, the Lots and Multi-Family areas developed therein and the Dwellings constructed thereon will be restricted to residential use, including assisted living facilities, and will be subject to the standards and restrictions set forth in Article X hereof. n addition, all Dwellings and other improvements constructed thereon will be substantially consistent in terms of quality of designed construction to those Dwellings and improvements located elsewhere within the Develqpment, subject to distinctions in design, character and in construction techniques between single-family detached residences and townhouses, condominium units, and cluster or patio homes, whether detached or attached. (d) f the Additional Property or any portion thereof is added to the Development, Declarant reserves the right to designate the boundaries of the Lots and Multi-Family Areas, as well as the Common Areas, if any, to be added to the Development in connection therewith. (e) Should the option to add the Additional Property, or any portion thereof, not be exercised within the term specified herein or be terminated by Declarant, such option shall in all respects expire and be of no further force and effect. n the event that such option expires or is terminated, as aforesaid, Declarant shall not be obligated

19 .i to impose on the Additional Property or any portion thereof any covenants, conditions, or restrictions the same as or similar to those contained herein, provided that Additional Property shall be restricted to residential and multi-family use and in no event shall more than a total of approximately 1546 residential units be developed on the total Property. (f) The option reserved by Declarant to cause all or any portion of the Additional Property to become part of the Development shall in no way be construed to impose upon Declarant any obligation to add all or any portion of the Additional Property to the Development or to construct thereon any improvements of any nature whatsoever. The option reserved under this Section 2.02 may be exercised by Declarant only by the execution of an amendment to this Declaration which shall be filed in the Records of the Clerk of Court for Beaufort County, South Carolina, together with a revision of or an addition to the Site Plan showing the Additional Property or such portion or portions thereof as are being added to the Development by such amendment, as well as the Lots and/or Multi-Family Areas therein. Upon the filing of such an amendment adding Additional Property to the Development, Declarant shall convey to the Associa'tion the Common Areas, if any, contained within the Additional Property, or such portion thereof so submitted, such conveyance to be subject to the lien of taxes not yet due and payable, all easements and restrictions of record, utility easements serving or otherwise encumbering the Property and/or the Additional Property, and any exceptions which would be disclosed by a surveyor phvsical inspection of such parcel(s). Any such amendment shall expressly submit the Additional Property or such portion thereof to all the provisions of this Declaration, and upon the exercise, if any, of such option or options, the provisions of this Declaration shall then be construed as embracing the real property or such portion or portions thereof so submitted to the terms hereof, together with all improvements located thereon. f the Additional Property or any portion or portions thereof is added to the Development, then from and after the addition to the Development of the Additional Property or such portion or portions by such amendment to this Declaration, the number of votes in the Association shall be increased by the number of Lots or Dwellings to be located on the Additional Property or such portion or portions thereof as are added so that there shall continue to be one vote in the Association per Lot or Dwelling in the Development Multi-Family Associations. n the event that Declarant submits the Additional Property or any portion or portions thereof to the terms of this Declaration, there may be established by Declarant, its successors or assigns, Multi-Family Associations limited to the Owners of Dwellings, boat slips, or dock space within the [Y :ulti Family Areas located within such portion or portions of the Additional Property so submitted in order to promote their health, safety, and social welfare, as well as to provide for the maintenance of Dwellings, other improvements, and/or common 105J

20 ,, elements owned by such Owners and/or such Multi-Family Associations, provided that such Owners shall also be members of the Association and such Dwellings and other improvements shall continue to be subject to the terms of the Declaration. Such Multi-Family Areas may be subject to Multi-Family Declarations which impose covenants and restrictions which are in addition to, but not in abrogation or substitution of, those imposed hereby, and such Multi-Family Associations may levy additional assessments and make and enforce supplementary covenants, restrictions, rules and regulations with respect to such Multi-Family Areas Marina Multi-Family Area. Declarant has developed a portion of the Property as a marina containing a commercial area, docks, wharves, boat slips, and related docking facilities in which ownership interests could be sold or leasehold rights could be leased to Owners. f ownership interests are to be sold therein, such docking facilities could be subjected to a Multi-Family Declaration so as to establish individual ownership interests in such docking facilities. The area in which such docking facilities would be located would be deemed to be a Multi-Family Area for purposes of this Declaration, provided that the boat slips and docking facilities located therein shall not be considered to be Lots or Dwellings for purposes of this Declaration and the ownership or leasing of an interest in such boat slips and docking facilities shall not entitle the owner or lessor thereof to any additional votes in the Association or to any additional privileges with respect to the Common Areas. Declarant retains the right, but shall not be obligated, to convey to the Association, as a portion of the Common Areas, all or any portion of the area in which Declarant has constructed such docking facilities, and such conveyance may be after such docking facilities are constructed. Notwithstanding the foregoing to the contrary, Declarant shall have no obligation to sell or lease ownership or leasehold interests therein. Declarant, its successors and assigns, will not operate a jet ski rental or jet ski sales operation from the Marina property Water and Sewer Facilities. The Beaufort-Jasper County Water & Sewer Authority, a body corporate and politic, created by the General Assembly of the State of South Carolina, owns the sewer treatment facilities serving the Development, including all lines, pipes, pumps, water towers or tanks, and other systems related thereto which are located within the Development and which are not deemed to be a portion of a Lot or Dwelling pursuant to Section 5.01 hereof, and water and sewer treatment service shall be provided to the Development pursuant to the terms of an agreement originally between the Declarant and The Beaufort-Jasper County Water Authority. The City of Beaufort, a Municipal Corporation, owns or shall own the water facilities serving the Development, including all lines, pipes, pumps, and other systems related thereto which are located within the Development and which are not deemed to be a portion of a Lot or Dwelling pursuant to Section 5.01 hereof, and 10 r.o

21 1'053 water service shall be provided to the Development pursuant to the terms of an agreement between the Declarant and The City of Beaufort nterest Subject to Plan of Development. Every purchaser of a Lot or Dwelling shall purchase such Lot or Dwelling and every Mortgagee and lienholder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of Declarant's plan of development as herein set forth, and Declarant shall have and does hereby specifically reserve the right to add any remaining Additional Property or any portion or portions thereof to the Development as hereinabove provided, and, with respect to each Lot or Dwelling located within the Additional Property, to convey to the purchaser thereof the title to the Lot or Dwelling and its appurtenant membership and voting rights in the Association. Any provision of this Declaration to the contrary notwithstanding, the provisions of the foregoing plan of development set forth in this Article may not be abrogated, modified, rescinded, supplemented, or amended in whole or in part without the prior written consent of Declarant so long as Declarant owns any real property in the Development. Except as to Oak sland, ASC may not assign its Declarant rights under this subsection to any party other than the Association Development Completion. ALCOA SOUTH CAROLNA, NC. will complete the development of Dataw sland generally in accordance with the Master Plan in effect on the date of Turnover. ARTCLE PROPERTY RGHTS 3.01 General. Each Lot and Dwelling shall for all purposes constitute real property which shall be owned in fee simple absolute, and which, subject to the provisions of this Declaration, may be conveyed, transferred, and encumbered the same as any other real property. Each Owner shall be entitled to the exclusive ownership and possession of his Lot or Dwelling, subject to the provisions of this Declaration, including without limitation, the provisions of this Article. The ownership of each Lot and Dwelling sh'all include, and there shall pass with each Lot and Dwelling as an appurtenance thereto, whether or not separately described, all of the right and interest in and to the Common Areas as established hereunder, which shall include, but not be limited to, membership in the Association. Each Owner shall automatically become a member of the Association and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically pass to his successor-in-title to his Lot or Dwelling, and upon such transfer, such former Owner shall simultaneously transfer and endorse to his successor-in-titie any certificates or other evidences of his membership in the Association. Lots shall not be subdivided, and, except as provided

22 in Sections 2.01 and 3.06 hereof, the boundaries between Lots shall remain as established in accordance with the Site Plan, unless the relocation thereof is made with the consent of at least a majority of the affected Owners and the Association's Board 6f Directors and of Declarant, so long as Declarant owns a Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development Owner's Easement of Enjoyment. Subject to the provsions of this Declaration and the rules, regulations, fees, and charges from time to time established by the Board of Directors in accordance with the BY-Laws and the terms hereof, every Owner, his family, tenants, and guests shall have a non-exclusive right, privilege, and easement of use and enjoyment in and to the Common Areas, such easement to be appurtenant to and to pass and run with title to each Lot and Dwelling, subject to the following provisions: (a) The right of the Association to borrow money (i) for the purpose of improving the Development, or any portion thereof, (ii) for acquiring additional Common Areas, (iii) for constructing, repairing, maintaining or improving any facilities located or to be located within the Development, or (iv) for providing the services authorized herein, and, subject to the provisions of Section 8.02 hereof, to give as security for the payment of any such loan a mortgage or other security instrument conveying all or any portion of the Common Areas; provided, however, that the lien and encumbrance of any such security instrument given by the Association shall be subject and subordinate to any and all rights, interests, options, licenses, easements, and privileges herein reserved or established for the benefit of Declarant, any Owner, or the holder of any Mortgage, irrespective of when such Mortgage is executed or given. (b) The rights and easements reserved to Declarant in Sections 3.03(cl, 3.04, 3.05, 3.06, 3.07, 3.10, 3.11, and 3.14 hereof. (c) The right of the Association to grant and accept easements as provided in Section 3.07 hereof and to dedicate or transfer fee simple title to all or any portion of the Common Areas to any public agency or authority, public service district, public or private utility, or other person, provided that any such transfer of the simple title must be approved by a majority of those present in person or by proxy at a duly held meeting of the Association and by Declarant, for so long as Declarant owns any Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development. (dl The rights and easements reserved in Sectio-n 3.04 hereof for the benefit of the Association, its directors, officers, agents, and employees. 12 r

23 (e) The rights and easements reserved in Section 3.11 hereof for the benefit of the Additional Property Recreational Amenities, Common Areas, and Marina. (a) Subject to the terms and provisions of this Declaration and the rules, regulations, fees, and charges from time to time established by the Declarant or the Board of Directors, every Owner and his family, tenants, and guests shall have the non-exclusive right, privilege, and easement of access to and the use and enjoyment of the Common Areas and Recreational Amenities and the Marina. (b) n the event of any multiple ownership of a Lot or Dwelling which is permitted hereunder by Section hereof, no more than four (4) Owners of such Lot or Dwelling, as well as his/her spouse and children under the age of twentyone (21)' shall be entitled to the use of the Recreational Amenities, and such Owner shall be designated in writing to the Board of Directors by all such co-owners. (c) n addition to the rights of Owners with respect to the access to and use and enjoyment of the Recreational Amenities and the rights therein of owners of dwellings within the Additional Property as provided in Section 3.11 hereof, Declarant reserves the right to from time to time designate individuals who shall have access to and use of the Recreational Amenities on a basis which is equal and equivalent to that which is enjoyed by Owners. Declarant shall designate such individuals by written notice to the Board of Directors, and Declarant reserves the right to from time to time add and remove individuals to and from such designated list, for so long as Declarant owns a Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion hereof to the Development. (d) At time of build out, or at such other time as Declarant may decide in it's sole discretion, Declarant may establish a then fair market value for the Marina and Declarant shall first offer to the Dataw sland Club, nc. sale of the Marina at a price to be established by Declarant. Dataw sland Club, nc. shall have forty-five (45) days, or for such other term as may be agreed upon, in writing, by both Declarant and Dataw sland Club, nc. to accept or reject the offer of the Declarant. f the offer aforementioned is not accepted within said forty-five (45) days or such other term as may be agreed upon, in writing, by both Declarant and Dataw sland Club, nc. or Dataw sland Club, nc. waives its right to purchase, then, in these events, Declarant shall offer the Marina for sale to the Dataw sland Owner's Association, nc. on the same terms and conditions aforementioned. Dataw sland Owner's Association, nc. shall have forty-five (45) days, or for such other term as may be agreed upon, in writing, by both Declarant and Dataw sland Owner's Association, nc. to accept or rejec; the offer of the Declarant. f, during the periods hereinabove set forth, neither the Dataw sland Club, nc. nor the Dataw sland Owner's Association, nc. accepts

24 ... Declarant's offer to sell the Marina, then in such event, Declarant does not have to re-offer the sale of the Marina to Dataw sland Club, nc. or Dataw sland Owner's Association, nc. and Declarant can at any time thereafter sell the Marina to any person or entity it desires at or above the price and terms originally offered Access. All Owners, by accepting title to Lots or Dwellings conveyed subject to this Declaration, waive all rights of uncontrolled and unlimited access, ingress, and egress to and from such Lot or Dwelling and acknowledge and agree that such access, ingress, and egress shall be limited to roads, sidewalks, walkways, trails, and waterways located within the Development from time to time, provided that pedestrian and vehicular access to and from all Lots and Dwellings shall be provided at all times. There is reserved unto the Declarant and the Association and their respective successors and assigns, the right and privilege, but not the obligation, (i) to control access to and from Jenkins Creek, Morgan River, and any marina or other waterways from time to time located within or contiguous to the Development, (ii) to maintain guarded or electronically-monitored gates or some other device s) controlling vehicular access to and from the Development, and (iii) to require payment of toll charges for use of roads within the Development by permitted commercial traffic or by members of the general public, provided that in no event shall any such tolls be applicable to any Owners or their families, tenants, or guests or to those individuals designated by Declarant pursuant to Section 3.03c) above and their families or guests Easements for Declarant. During the period that Declarant owns any Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development, "Declarant shall have an alienable and transferable right and easement on, over, through, under, and across the Common Areas for the purpose of constructing Dwellings and other improvements in and to the Lots and within Multi-Family Areas and the Additional Property and for installing, maintaining, repairing, and replacing such other improvements to the Property (including the Recreational Amenities and other portions of the Common Areas) as are contemplated by this Declaration or as Declarant desires, in its sole discretion, including, without limitation, any improvements or changes permitted and described by Article hereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith, provided in no event shall Declarant have the obligation to do any of the foregoing Changes in Boundaries; Additions to Common Areas. Declarant expressly reserves for itself and its successors and assigns, the right to change and realign the boundaries of the Common Areas owned by Declarant and any Lots or Multi-Family Areas owned by Declarant, including the realignment of boundaries between adjacent Lots, Dwellings, and/or Multi-Family Areas owned by Declarant, provided that any such change or realignment of boundaries shall not materially decrease the acreage of the Common Areas and shall be evidenced by a revision of or an addition to the

25 Site Plan which shall be recorded in the Plat Records of the Clerk of Court for Beaufort County, South Carolina. n addition, Declarant reserves the right, but shall not have the obligation, to convey to the Association at any time and from time to time any portion of the Additional Property, such real property to. be conveyed to the Association as an addition to the Common Areas and subject to the title exceptions set forth in Section 2.02 hereof. Furthermore, Declarant reserves for itself, its affiliates, successors, and assigns the right, but shall not have the obligation, to convey by quitclaim deed to the Association at any time and from time to time, as an addition to the Common Areas, (i) any marshlands owned by Declarant which are located adjacent and contiguous to the Development, and (ii) any boat slips and docking facilities pursuant to Section 2.04 hereof Easements for Utilities. There is hereby reserved for the benefit of Declarant, the Association, and their respective successors and assigns, the alienable, transferable, and perpetual right and easement as well as the power to grant and accept easements to and from any public authority or agency, public service district, public or private utility, or other person, upon, over, under, and across (i) all of the Common Areas, (ii) all portions of the Multi-Family Areas in which Dwellings are not constructed or erected, and (iii) all areas as set forth in the Dataw sland Design Guidelines, for the. purpose of installing, replacing, repairing, maintaining, and using master television antennas and/or cable systems, security and similar systems, and all utilities, including, but not limited to, storm sewers and drainage systems and electrical, gas, telephone, water and sewer lines. Such easements may be granted or accepted by Declarant, its successors or assigns, or by the Board of Directors. Once Declarant no longer owns any Lot or Dwelling primarily for the purpose of sale or the option to add the Additional Property or any portion thereof to the Development has expired, the Board of Directors does not need to obtain the written consent of Declarant priorto granting and accepting any such easements. To the extent possible, all utility lines and facilities serving the Development and located therein shall be located underground. By virtue of any such easement and facilities, it shall be expressly permissible for the providing utility company or other supplier or servicer, with respect to the portions of the Development so encumbered, (i) to erect and maintain pipes, lines, manholes, pumps, and other necessary equipment and facilities, (ii) to cut and remove any trees, bushes, or shrubbery, (iii) to grade, excavate, or fill, or (iv) to take any other similar action reasonably necessary to provide economical and safe installation, maintenance, repair, replacement, and use of such utilities and systems Easements for Walks, Trails and Signs. There is hereby reserved for the benefit of Declarant, the Association, and their respective successors and assigns, the alienable, transferable, and perpetual right and easement upon, over, and across (i) all portions of the Multi-Family Areas in which Dwellings are not constructed or erected and (ii) those strips as established by the Dataw sland Design Guidelines located along and adjacent to those exterior boundaries located adjacent to streets and roads 15 ' 1057 " 00025

26 , for all Lots and all Dwellings not located within Multi-Family Areas, for the installation, maintenance, and use of sidewalks, trails, traffic directional signs, and related improvements Easements for Association. There is hereby reserved a general right and easement for the benefit of the Association, its directors, officers, agents, and employees, including, but not limited to, any manager employed by the Association and any employees of such manager, to enter upon any Lot, Dwelling, or Multi-Family Area or any portion thereof in the performance of their respective duties. Except in the event of emergencies, this easement is to be exercised only 'during normal business hours, and then, whenever practicable, only upon advance notice to and with permission of the Owner, occupant, or Multi-Family Association of the Lot, Dwelling, or Multi-Family Area directly affected thereby Sales and Construction Offices. Notwithstanding any provisions or restrictions herein to the contrary, there is hereby reserved for the benefit of Declarant and its successors and assigns the alienable and transferable right and easement in and to the Property for the maintenance of signs, sales offices, construction offices, business offices, and model Dwellings, together with such other facilities as in the sole opinion of Declarant may be reasonably required, convenient, or incidental to the completion, improvement, and/or sale of Lots, Dwellings, Multi-Family Areas, Common Areas, or the Additional Property, for so long as Declarant owns any Lot or Dwelling primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development Easements for Additional Property. There is hereby reserved for Declarant, and its successors, assigns, and successors-in-title to the Additional Property, for the benefit of and as an appurtenance to the Additional Property and as a burden upon the Property, perpetual, non-exclusive rights. and easements for (i) pedestrian, vehicular, and boating access, ingress, egress, parking, and docking over, across, within, and on all roads, sidewalks, trails, parking facilities, lagoons, and docks from time to time located within the Common Areas or within easements serving the Cqrnmon Areas, (iil the installation, maintenance, repair, replacement, and use within the Common Areas and those portions of Lots, Dwellings, and Multi-Family Areas encumbered pursuant to Section 3.07 hereof of security systems and utility facilities and distribution lines, including, without limitation, drainage systems, storm sewers, and electrical, gas, telephone, water, sewer, and master television antennas and/or cable system lines, and (iii) drainage and discharge of surface water onto and across the Property, provided that such drainage and discharge shall not materially damage or affect the Development or any improvements from time to time located thereon Maintenance Easement. SUbject to the terms of Section 5.02(b) hereof, there is hereby reserved for the benefit of Declarant, the Association, and their

27 t 0,5 9 respective agents, employees, successors, and assigns, an alienable, transferable, and perpetual right and easement to enter upon any Lot and upon unimproved portions of any Dwelling or f'{ulti-family Area for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, stumps, or other unsightly growth and removing trash, so as to maintain reasonable standards of health, fire safety, and appearance within the Development, provided that such easements shall not impose any duty or obligation upon Declarant or the Association to perform any such actions. Furthermore, there is hereby reserved for the benefit of Declarant, the Association, and their respective agents, employees, successors, and assigns, an alienable, transferable, and perpetual right and easement, but not the obligation" to enter upon any Lots, Dwellings, or Multi-Family Areas which are located within a distance as set forth in the Dataw sland Design Guidelines from the water's edge of any lagoon, marina, pond, or other body of water within the Development, for the purpose of mowing such area and keeping the same clear and free from unsightly growth and trash, as well as for the purpose of maintaining such bodies of water, such maintenance to include, without limitation, dredging and the maintenance of reasonable water quality standards Environmental Easement.,There is hereby reserved for the benefit of Declarant, the Associat'ion, and their respective agents, employees, successors, and assigns, an alienable, transferable, and perpetual right and easement on, over, and across all Lots and all unimproved portions of Dwellings and Multi-Family Areas for the purpose of taking any action necessary to effect compliance with environmental rules, regulations, and procedures from time to time promulgated or instituted by the Board of Directors or by any governmental entity, such easement to include, without limitation, the right to implement erosion control procedures and practices, the right to drain standing water, and the right to dispense pesticides Wells and Effluent. There is hereby reserved for the benefit of the Association and Dataw sland Club, nc" and their respective affiliates, agents, employees, successors, and assigns, an alienable, transferable, and perpetual right and easement (il to pump water from lagoons, ponds, lakes, and other bodies of water located within the Development for the purpose of irrigating any portions of the Development, (ii to drill, install, locate, maintain, and use wells, pumping stations, water towers, siltation basins and tanks, and related water and sewer treatment facilities and systems within the Common Areas, including within any portion of the Recreational Amenities, or (iii) to spray or locate any treated sewage effluent within the Common Areas, including within any portion of the Recreational Amenities, or upon any Lot or upon unimproved portions of any Dwelling or Multi-Family Area with the permission of the appropriate Owner or Multi-Family Association Golf Course Maintenance. There is hereby reserved unto the Association and Dataw sland Club, nc. and their respective agents, employees, successors, and assigns, the perpetual, non-exclusive right and easement over and across each Lot and

28 , all unimproved portions of each Dwelling and Multi-Family Area which are adjacent to the fairways and greens of the golf course or courses located within the Development. This reserved right and easement shall permit, but shall not obligate, the Association, and Dataw sland Club, nc., their respective agents, employees, successors, and assigns, to go upon any such Lot, Dwelling, or Multi-Family Area to maintain or landscape the area encumbered by such easement. Such maintenance and landscaping shall include planting of grass, watering, application of fertilizer, mowing, and the removal of underbrush, stumps, trash or debris, and trees of less than four (4) inches in diameter at a level of four (4) feet above ground level. The area encumbered by this easement shall be limited to the portion of such Lots, Dwellings, or Multi-Family Areas as set forth by the Dataw sland Design Guidelines which are adjacent to such fairways or greens; provided, however, the entire Lot and all unimproved portions of such Dwelling or Multi-Family Area shall be subject to such easement until the landscaping plan for such Lot, Dwelling, or Multi-Family Area has been approved and implemented pursuant to Section hereof Entry by Golfers. Each Lot, Dwelling, and Multi-Family Area adjacent to a golf fairway or green shall be subject to the right and easement on the part of registered golf course players and their caddies to enter upon such Lot and upon the unimproved portions of such Dwelling or Multi-Family Area to remove a ball or to play a ball, subject to the official rules of the golf course, with such entering and playing not being deemed to be a trespass. Notwithstanding the foregoing, the Board shall be entitled to from time to time impose more restrictive rules and regulations regarding the playing and/or recovery of balls from Lots, Dwellings, and Multi-Family Areas. Furthermore, golf course players or their caddies shall not be entitled to enter on any such Lots, Dwellings, or Multi-Family Areas with a golf cart or other vehicle, nor to spend an unreasonable amount of time on any such Lot, Dwelling, or Multi-Family Area, or in any way commit a nuisance while on any such Lot, Dwelling, or Multi- Family Area Encroachments. There shall exist valid and perpetual easements, appurtenant to any Lot, Dwelling, or Multi-Family Area located adjacent to any lagoons, ponds, lakes and other bodies of water from time to time located within the Common Areas, for the encroachment of docks, wharves, bulkheads, boat slips, and boathouses and for the maintenance, repair, and replacement thereof for so long as such encroachment exists, provided that the location of such docks, wharves, bulkheads, boat slips and boathouses shall be subject to the prior approval of the Architectural Review Board pursuant to Article X hereof No Partition. There shall be no judicial partition of the Development or any part thereof, nor shall any person acquiring any interest in the Development or any part thereof seek any such judicial partition unless the Development has been removed from the provisions of this Declaration

29 , ' Patio Homes. (a) t is the intent of ALCOA SOUTH CAROLNA, NC., as Declarant and Owner of the Lots described as Lots 601 through 621, inclusive Lots 626 through 656, inclusive Lots 661 through 786, inclusive Lots 791 through 837, inclusive Lots 842 through 892, inclusive Lots 897 through 927, inclusive Lots 932 through 1575, inclusive Lots 5001 through 5014, inclusive all as shown on that certain Plat duly included and researched in the Office of the Clerk of Court for Beaufort County, South Carolina, recorded in Plat Book 32 at Page 74 that said Lots be subject to this Declaration, and in addition to the covenants, conditions, restrictions and easements contained herein. The above listing represents all patio lots recorded as of the date of this Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Dataw sland. (b) n order to establish a unique, superior, integrated, single family residential patio home community, in order to protect the value of Owners' property through time, to assure continuity and architectural compatibility, to allow for individual expression and to establish an architectural tone and environment in keeping with the high standards of DATAW SLAND, every grantee of any interest in any lot designated as a residential patio home community on the Master Plan, by acceptance of a deed or other conveyance of such interest, agrees to be bounded by the provision of this Section. (c) Dwellings constructed on Lots described hereinabove must utilize a privacy wall in a manner and to the extent required by the Dataw sland Design Guidelines and unless otherwise permitted by The Architectural Review Board. Said privacy wall shall be constructed simultaneously with a Dwelling and shall be located so that the exterior of the same shall be located three (3) feet from the designated lot line as required by the Dataw sland Design Guidelines or unless otherwise permitted as aforesaid. (d) The Dwelling shall utilize a portion of the privacy wall as one of its exterior walls (unless an alternative location of the Dwelling is approved by the Architectural Review Board) and said Dwelling shall be constructed so as not to interfere with the privacy of adjacent Owners and in accordance with the Dataw sland Design Guidelines. No part of a Patio Dwelling shall cross the property line

30 (e) No excessive rain water from the roof or other portion 01 a Dwelling shall be discharged upon the adjoining Lot. All Dwellings shall be constructed with gutters or similar devices or be of such design to insure the provision of this subparagraph. (f) Unless otherwise permitted by the Dataw sland Design Guidelines in designating the location of improvements on adjoining Lots, an easement is hereby reserved on, over and across that area within five (5) feet of the side boundary line of each Lot, adjacent to the boundary line along which the privacy wall is to be constructed, for the construction, maintenance, and repair of the privacy wall and Dwelling on the adjoining Lot. The use of said easement area by an adjoining Lot owner shall not exceed a reasonable period of time during construction nor shall it exceed a period of thirty (30) days each year for essential maintenance. Any shrubbery or planting in the five foot easement area that is removed or damaged by the adjoining Lot Owner during the construction, maintenance, or repair of his privacy wall or Dwelling, shall be repaired or replaced at the expense of said adjoining Lot Owner. n addition, an easement and right of ingress and egress is hereby reserved across the Lot upon which said maintenance easement is located for the benefit of the Owner of the privacy wall to gain access to and from said maintenance easement area. (g) Except for improvements as permitted by the Dataw sland Design Guidelines, a landscape easement is hereby reserved to the adjacent lot owner on, over and across that area within three (3) feet of the side boundary line of each Lot, adjacent to the boundary along which the privacy wall is constructed for landscaping. The within landscape easement shall exist only for the purpose of planting and maintaining plants and plant materials after construction of the privacy wall. No underground irrigation pipes or devices shall be allowed on the within described landscape easement. ARTCLE V MEMBERSHP 4.01 Membership. Every Owner shall be deemed to have a membership in the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot or Dwelling, and ownership of a Lot or Dwelling shall be the sole qualification for such membership. n the event that fee title to a Lot or Dwelling is transferred or otherwise conveyed, the membership in the Association which is appurtenant thereto shall automatically pass to such transferee, notwithstanding any failure of the transferor to endorse to his transferee any certificates or other evidences of such membership. The foregoing is not intended to include Mortgagees or any other persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate or otherwise affect

31 an Owner's membership in the Association. Notwithstanding any of the foregoing to the contrary, no Owner, whether one or more persons, shall have more than one membership per Lot or Dwelling. n the event of multiple Owners of a Lot or Dwelling, votes and rights of use and enjoyment shall be as provided herein. The rights and privileges of membership, including the right to vote and to hold an office in the Association, may be exercised by a member or a member's spouse, but in no event shall more than one vote be cast or more than one office held for each Lot or Dwelling, and further provided that a member casting a vote or holding an office with respect to his Dwelling shall not be entitled to cast an additional vote or to hold an additional office for the Lot upon which his residential unit is located. When more than one person holds an interest in any Lot or Dwelling, the vote for such Lot or Dwelling shall be exercised as those Owners of such Lot or Dwelling themselves determine and advise the Secretary or an Assistant Secretary of the Association prior to any meeting. n the absence of such advice, the vote appurtenant to such Lot or Dwelling shall be suspended in the event more than one person seeks to exercise it. The voting weight appurtenant to each Lot or Dwelling is equal and each lot and each Dwelling shall have one (1) vote. Such voting weight shall continue to be equal upon the addition of all or a portion of the Additional Property to the Development, and each Lot or Dwelling therein shall have one vote. Each Owner, by acceptance of a deed or other conveyance for a Lot or Dwelling, consents and agrees to the dilution of his voting interest in the Association by virtue of the submission from time to time of the Additional Property or any portion thereof to the terms of this Declaration as provided herein., 1063 ARTCLE V MANTENANCE 5.01 Responsibilities of Owners and Multi-Family Associations. Unless specifically identified herein or in a Multi-Family Declaration as being the responsibility of the Association or a Multi-Family Association, all maintenance and repair of Dwellings and the areas within a dwelling area not considered a common element or common area, together with all other improvements thereon or therein and al~ l'lwns, landscaping, and g rounds on and within a Lot or Dwelling shall be the resporisibility of the Owner of such Dwelling. Unless otherwise provided in the appropriate Multi-Family Declaration, the maintenance and repair of all common areas or common elements located within Multi-Family Areas (including all landscaping and grounds and all recreational facilities and other' improvements located within such Multi-Family Areal shall be the responsibility of the Multi-Family Association for such Multi-Family Area. Each Owner or Multi-Family Association shall be responsible for maintaining his or its Dwelling, areas within a dwelling area not considered a common element or common area, or Multi-Family Area, as the case may be, in a neat, clean, and sanitary condition, and such responsibility shall include the maintenance and care of all exterior

32 1. ", surfaces of all Dwellings, buildings, and other structures and all lawns, trees, shrubs, hedges, grass, and other landscaping. Furthermore, all docks, wharves, bulkheads, or boat slips appurtenant to or located within Dwellings, areas within a dwelling area not considered a common element or common area, or Multi-Family Areas, including such docking facilities located within any Multi-Family Area established pursuant to Section 2.04 hereof, shall be maintained by the Owner of such Lot, Dwelling, or docking facilities, or by the Multi-Family Association for such Multi-Family Area if so provided by the Multi-Family Declaration, so that such structures are in good repair and are clean and orderly in appearance at all times, and all wood, concrete, or metal located above the high water mark, exclusive of pilings, shall be painted or otherwise treated with preservatives in an attractive manner. As provided in Section 5.02(b) hereof, each Owner or Multi-Family Association shall also be obligated to pay for the costs incurred by the Association for repairing, replacing, maintaining, or cleaning any item which is the responsibility of such Owner or Multi-Family Association, but which responsibility such Owner or Multi-Family Association fails or refuses to discharge. No Owner or Multi-Family Association shall (i) decorate, change, or otherwise alter the appearance of any portion of the exterior of a Dwelling or the landscaping, grounds or other improvements within a Lot or Multi-Family Area unless such decoration, change or alternation is first approved, in writing, by the Architectural Review Board as provided in Article X hereof, or (ii) do any work which, in the reasonable opinion of the Architectural Review Board, would jeopardize the soundness and safety of the Development, reduce the value thereof, or impair any easement or hereditament thereto, without in every such case obtaining the written approval of the Architectural Review Board Association's Responsibility. (a) Except as may be herein otherwise specifically provided, the Association shall maintain and keep in good repair all, portions of the Common Areas, which responsibility shall include the operation, maintenance, repair, and replacement of the following, including but not limited to: (i) all roads, walks, trails, lagoons, ponds, parking lots, landscaped areas, and other improvements situated within the Common Areas or within easements encumbering Lots, Dwellings, or Multi-Family Areas pursuant to Section 3.08 hereof, (ii) such security program and utility lines, pipes, plumbing, wires, conduits, and related systems which are a part of the Common Areas and which are not maintained by a public authority, public service district, public or private utility, or other person, and (iii) all lawns, trees, shrubs, hedges, grass, and other landscaping situated within or upon the Common Areas. The Association shall not be liable for injury or damage to any person or property (A) caused by the elements or by any Owner or any other person, (B) resulting from any rain or other surface water which may leak or flow from any portion of the Common Areas, or (C) caused by any pipe, plumbing, drain, conduit, equipment, security system, or utility line or facility, the responsibility for the maintenance of which is that of the Association, breaking down or as a result of the repair of the same. Nor shall the 22 '

33 Association be liable to any Owner for loss or damage, by theft or otherwise, of any property of such Owner which may be stored in or upon any portion of the Areas or any other portion of the Property, No diminution or abatement of assessments or Recreational Charges shall be claimed or allowed by reason of any alleged failure of the Association to take some action or to perform some function required to be taken or performed by the Association under this Declaration, or for inconvenience or discomfort arising from the making of improvements or repairs which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority, the obligation to pay such assessments and Recreational Charges being a separate and independent covenant on the part of each Owner, (b) n the event that Declarant or the Board of Directors determines that: (i) any Owner or Multi-Family Association has failed or refused to discharge, properly his or its obligations with regard to the maintenance, cleaning, repair or replacement of items for which he or it is responsible hereunder, or (ii) that the need for maintenance, cleaning, repair, or replacement which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, his family, tenants, guests, or invitees, and is not covered or paid for by insurance in whole or in part, then, in either event, Declarant or the Association, except in the event of an emergency situation, may give such Owner or Multi-Family Association written notice of Declarant's or the Association's intent to provide such necessary maintenance, cleaning, repair, or replacement, at the sole cost and expense, of such Owner or Multi-Family Association, as the case may be, and setting forth with reasonable particularity the maintenance, cleaning, repairs or replacement deemed necessary, Except in the event of emergency situations, such Owner or Multi-Family Association, as the case may be, shall have fifteen (15) days within which to complete the same in a good and workmanlike manner, or in the event that such maintenance, cleaning, repair, or replacement is not capable of completion within said fifteen (15) day period, to commence said maintenance, cleaning, repair, or replacement and diligently proceed to complete the same in a good and workmanlike manner, n the event of emergency situations or the failure of any Owner or Multi-Family Association to comply with the provisions hereof after such notice, Declarant or the Association may provide (but shall not have the obligation to so provide) any such maintenance, cleaning, repair, or replacement at the sale cost and expense of such Owner or Multi Family Association, as the case may be, and said cost shall be added to and become a part of the assessment to which such Owner and his Dwelling are subject, and shall become a lien against such Lot or Dwelling, or, in the case of a Multi-Family Association, shall be added to and become a part of the assessments for all Owners within such Multi-Family Association and shall become a lien against such Owner and his Dwelling, n the event that Declarant undertakes such maintenance, cleaning, repair, or replacement, the Association shall promptly reimburse Declarant for Declarant's costs and expenses

34 6.01 nsurance. ARTCLE V NSURANCE AND CASUALTY LOSSES (a) The Board of Directors or its duly authorized agents shall have the authority to and shall obtain and continue in effect property insurance, in such form as the Board deems appropriate, for the benefit of the Association and insuring all insurable improvements in and to the Common Areas against loss or damage by fire or other hazards, including, without limitation, extended coverage, flood, vandalism, and malicious mischief, such coverage to be in an amount sufficient to cover the full replacement cost (without depreciation but subject to such deductible levels as are deemed reasonable by the Board) of any repair or reconstruction in the event of damage or destruction from any such hazard. (b) The Board or its duly authorized agents shall have the authority to and shall obtain and continue in effect a public liability policy covering all the Common Areas and damage or injury caused by the negligence of the Association, its members, its directors and officers, or any of its agents. Such public liability policy shall provide such coverages as are determined to be necessary by the Board of Directors. (c) The Board or its duly authorized agents shall have the authority and may obtain (i) worker's compensation insurance to the extent necessary to comply with any applicable laws, (ii) errors and omission insurance, and (iii) such other types and amounts of insurance as may be determined by the Board to be necessary or desirable. (d) All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association as trustee for each of the Owners and costs of all such coverage shall be a Common Expense. Exclusive authority to adjust losses under policies obtained by the Association and hereafter in force with respect to the Development shall be vested in the Board of Directors; provided, however, that no mortgagee or other security holder of the Common Areas having an interest in such losses may be prohibited from participating in the settlement negotiation, if any, related thereto. nsofar as permitted by law, the Association shall be required to make every effort to secure insurance policies with the provisions hereinafter set forth: (i) All policies shall be written with a company licensed to do business in the State of South Carolina and holding a rating of A + or better in such financial categories as established by Best's nsurance Reports, if such a company is

35 available or, if not available, its equivalent rating or the best rating possible. (ii) (iii) All property insurance polices shall be for the benefit of the Association as trustee for the Owners and their Mortgagees as their interests may appear. All polices shall contain a waiver of the insurer's right to cancel without first giving thirty (30) days prior written notice of such cancellation to the Association and to any Mortgagee to which a mortgagee endorsement has been issued. (e) t shall be the individual responsibility of each Owner at his own expense to provide, as he sees fit, public liability, property damage, title, and other insurance with respect to his own Lot and Dwelling. The Board of Directors may require all Owners and/or Multi-Family Associations to carry public liability and property damage insurance with respect to their respective Lots and Dwellings and to furnish copies or certificates thereof to the Association Damage or Destruction to Common Areas. mmediately after the damage or destruction by fire or other casualty to all or any part of the Common Areas covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance, and, in any such event, the Board shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Article V, means repairing or restoring the damaged property to substantially the same condition in which it existed prior to the fire or other casualty. f the insurance proceeds, if any, for such damage or destruction are not sufficient to defray the cost thereof, and such deficiency cannot be appropriated from a reserve fund as may have been established for such purpose, the Board of Directors may levy a special assessment against all Owners, without the necessity of a vote pursuant to Section 9.04 hereof, such special assessment to be in an amount sufficient to provide funds to pay such excess cost of repair or reconstruction. Such a special assessment shall be levied against the Owners equally in the same manner as annual assessments are levied, and additional assessments may be made at any time during or following the completion of any repair or reconstruction. Any and all sums paid to the Association under and by virtue of such assessments shall be held by and for the benefit of the Association together with the insurance proceeds, if any, for such damage or destruction. Such insurance

36 .' JOGS proceeds and assessments shall be disbursed by the Association in payment for such repair or reconstruction pursuant to and in accordance with such method of distribution as is established by the Board of Directors. Any proceeds remaining after defraying such costs shall be retained by and for the benefit of the Association. f it is determined that the damage or destruction for which the insurance proceeds are paid shall not be repaired or reconstructed, such proceeds shall be retained by and for the benefit of the Association, and the ruins of the Common Areas damaged or destroyed by fire or other casualty shall be cleared and the Common Areas left in a clean, orderly, safe, and sightly condition, 6.03 Damage or Destruction to Lots, Dwellings, or Multi-Family Areas. n the event of damage or destruction by fire or other casualty to any Dwellings, or Multi Family Areas, and in the further event that either the Owner of such Dwelling or the Multi-Family Association responsible for the repair and replacement of such Multi Family Area, as the case may be, elects not to repair or rebuild the damaged or destroyed Dwelling, or Multi-Family Area, such Owner or Multi-Family Association making such election shall promptly clear away the ruins and debris of any damaged improvements or vegetation and leave such Dwelling, or Multi-Family Area in a clean, orderly, safe and sightly condition. Should such Owner or Multi-Family Association elect to repair or rebuild such Lot, Dwelling, or other improvements, such Owner or Multi-Family Association shall repair or rebuild such Dwelling, or other improvements to substantially the same condition as existed prior to such fire or other casualty and in accordance with all applicable standards, restrictions, and provisions of this Declaration (including, without limitation, Article X hereof) and all applicable zoning, subdivision, building, and other governmental regulations. All such work of repair or construction shall be commenced promptly following such damage or destruction and shall be carried through diligently to conclusion. ARTCLE V CONDEMNATON 7.01 Condemnation of Common Areas. Whenever all or any part of the Common Areas of the Development shall be taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof by the Board acting on the agreement of at least seventy-five (75%) percent of the total vote of the Association, the award or proceeds made or collected for such taking or sale in lieu thereof shall be payable to the 'Association and shall be disbursed or held as follows: (a) f the taking or sale in lieu thereof involves a portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five (75%) percent of the total membership of the Association shall otherwise agree, the Association shall restore or replace such 26,

37 improvements so taken, to the extent practicable, on the remaining lands included in the Common Areas which are available therefor, in accordance with the plans approved by the Board of Directors and the Architectural Review Board. f the awards or proceeds are not sufficient to defray the cost of such repair and replacement and such deficiency cannot be appropriated from a reserve fund as may have been established for such purpose, the. Board of Directors may levy a special assessment against all Owners, without the necessity of a vote pursuant to Section 9.04 hereof, such special assessment to be in an amount sufficient to provide funds to pay such excess cost of repair or reconstruction. Such a special assessment shall be levied against the Owners equally in the same manner as annual assessments are levied, and additional special assessments may be made at any time during or following the completion of any repair or reconstruction. f such improvements are not to be repaired or restored, the award or proceeds shall be retained by and for the benefit of the Association. (b) f the taking or sale in lieu thereof does not involve any improvements to the Common Areas, or if there are net funds remaining after any such restoration or replacement of such improvements is completed, then such award, proceeds, or net funds shall be retained by and for the benefit of the Association. (c) f the taking or sale in lieu thereof includes all or any part of a Dwelling, or Multi-Family Area and also includes any part of the Common Areas, then a court of competent jurisdiction shall apportion such award or proceeds and such award or proceeds shall be disbursed to the Association and the Owners so affected so as to give just compensation to the Owners of any Dwelling, or Multi-Family Area taken for their interest in such Dwelling, or Multi-Family Area; provided, however, such apportionment may instead be resolved by the agreement of (i) the Board of Directors, (ii) the Owners of all Dwellings, or Multi-Family Areas wholly or partially taken or sold, together with the Mortgagees for each such Dwelling, or Multi-Family Area Condemnation of Dwellings or Multi-Family Areas. (a) n the event that all or any part of a Dwelling, or Multi-Family Area is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and in the further event that the Owner of such Dwelling or the Multi-Family Association responsible for the maintenance and repair of such Dwelling, or Multi-Family Area, as the case may be, elects not to restore the remainder of the Dwelling, or Multi-Family Area, then such Owner or Multi-Family Association making such election shall promptly clear away any remaining improvements damaged or destroyed by such taking or conveyance and shall leave such Dwelling, or Multi-Family Area and any remaining undamaged improvements thereon in a clean, orderly, safe, and sightly condition. n addition, if the size or configuration of such Dwelling, or Multi-Family Area remaining after such taking or conveyance is insufficient to permit the restoration of the remaining improvements, ' tog ~

38 ,. thereon or therein to their condition prior to such taking or conveyance in compliance with all applicable standards, restrictions, and provisions of this Declaration and al applicable zoning, subdivision, building and other governmental regulations, then such Owner or Multi-Family Association shall have the option, after clearing away all remaining improvements or portions thereof and placing the remainder in a clean. orderly, safe, and sightly condition referred to above, of deeding the remaining portion of the Lot, Dwelling, or Multi-Family Area to the Association as a part of the Common Areas, and thereafter any such Owner shall not have any further voting rights or membership rights or privileges in the Association or with respect to the Development and shall not be subject to any further assessments imposed by the Association and payable after the date of such deeding. (b) n the event that any part of a Dwelling, or Multi-Family Area is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and if the Owner of such Dwelling or the Multi-Family Association responsible for the maintenance and repair of such Dwelling or Multi-Family Area, as the case may be, elects to restore the remainder of the Dwelling or Multi-Family Area such Owner or Multi-Family Association making such election shall restore such remainder of such Dwelling or Multi-Family Area as nearly as practicable to the same condition it was in prior to such taking or conveyance and in accordance with all applicable standards, restrictions, and provisions of this Declaration and all applicable zoning, subdivision, building, and other governmental regulations. All such work of restoration shall be commenced promptly following such taking or conveyance and shall be carried through diligently to conclusion. ARTCLE V ADMNSTRATON 8,01 Common Areas. The Association, subject to the rights of Declarant and the rights and duties of the Owners set forth in this Declaration and the By-Laws of the Association, shall be responsible for the exclusive management and control of the Common Areas and all improvements thereon (including furnishings and equipment related thereto) and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions thereof. Except to the extent otherwise required by the provisions of the South Carolina Code relating to nonprofit corporations, this Declaration, or the By-Laws, the rights, duties, and functions of the Association may be exercised by the BO'ard of Directors, acting through the officers of the Association, without any further consent or action on the part of the Owners. Upon the recording of this Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Easements, the Declarant hereby surrenders the right and authority to appoint and remove directors and officers of the

39 . ' -; r, '"j 1 -'-\J,. Association and the control of the Association shall be vested in the Board elected on February 20, Duties and Powers. The duties and powers of the Association shall be those set forth in the provisions of the South Carolina Code relating to nonprofit corporations, this Declaration, the By-Laws, and the Articles of ncorporation, together with those reasonably implied to effect the purposes of the Association; provided, however, that if there are conflicts or inconsistencies among the South Carolina Code, this Declaration, the By-Laws, or the Articles of ncorporation, the provisions of the South Carolina Code, this Declaration, the By-Laws and the Articles of ncorporation, in that order, shall prevail, and each Owner of a Lot, Dwelling, or Multi-Family area by acceptance of a deed or other conveyance therefor, covenants to vote in favor of such amendments as will remove such conflicts or inconsistencies. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law, together with every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege. Such powers of the Association shall include, but shall not be limited to, the power to purchase one or more Lots and/or Dwellings andlor MUlti-Family areas and to hold,.ease, mortgage, sell, and convey the same. Such duties may inclu de, but shall not be limited to, arranging with governmental agencies, public service districts, public or private utilities, or others, as a Common Expense or by billing directly to Lots, Dwellings, and Multi-Family areas, to furnish trash collections, water, sewer., andlor security service for the Common Areas and/or the Lots. Dwellings, and Multi-Family Areas Agreements. All agreements and determinations lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, and assigns, and all others having an interest in the Development or the privilege of possession and enjoyment of any part of the Developnlent; and in performing its responsibilities hereunder, the Association, through its Board of Directors, shall have the authority to delegate to persons of its clloice such duties of the Association as may be determined by the Board of Directors. n furtherance of the foregoing and not in limitation thereof, the Association may... Dbtain and pay for the services of any person or entity to manage its affairs or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall deem necessary or desirable for the proper operation of the Development, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or with which it contracts. All costs Gnd expenses incident to the employment of a manager shall be a Common Expense. During the term of such management agreement, such manager may, if authorized by,:le Board of Directors, exercise all of the powers and shall be responsible for the ;.,er:o;l1lance of all the duties of the Association, excepting any of those powers or :'u:;es specifically and exclusively reserved to the directors, officers or members of the 'o.ssociation by this Declaration, the By-Laws or the Management Agreement then in

40 \ f' place. Such manager may be an individual, corporation, or other legal entity, as the Board of Directors shall determine, and may be bonded in such a manner as the Board of Directors may require, with the cost of acquiring any such bond to be a Common Expense. n addition, the Association may pay for, and the Board of Directors may hire and contract for, such legal and accounting services as are necessary or desirable in connection with the operation of the Development or the enforcement of this Declaration, the By-Laws, or the rules and regulations of the Association Management Agreement. ALCOA SOUTH CAROLNA, NC. or an affiliate shall be employed as the manager of the Association and the Development for such period of time as agreed upon by ALCOA SOUTH CAROLNA, NC. and the Association. Every grantee of any interest in the Development, by acceptance of a deed or other conveyance of such interest, shall be deemed to ratify such management agreement Personal Property and Real Property for Common Use. The Association, through action of its Board of Directors, may acquire and hold tangible and intangible personal property and real property and may dispose of the same by sale or otherwise. All funds. received and title to all properties acquired by the Association and the proceeds thereof, after deducting therefrom the costs incurred by the Association in acquiring or selling the same, shall be held by and for the benefit of the Association. The shares of the Owners in the funds and assets of the Association cannot be individually assigned, hypothecated, or transferred in any manner, except to the extent that a transfer of the ownership of a Lot, Dwelling or Multi-Family area also transfers the membership in the Association which is an appurtenance to such Lot, Dwelling, or Multi-Family area, 8.06 Rules and Regulations. As provided in Article X hereof, the Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Lots, Dwellings, Multi-Family Areas, and Common Areas, which rules and regulations shall be consistent with the rights and duties established by this Declaration. ARTCLE X ASSESSMENTS 9.01 Purpose of Assessments. The assessments for Common Expenses provided for herein shall be used for purposes including, but not limited to: repairing private streets (except those located within a privately owned lot), walkways and like community areas, private lighting systems, storm drainage and other non-publicly owned or political bodies' grounds, maintenance building(s) and related property, security and cable television lines, maintaining the common waterfront, lagoons and

41 ..., j (),";") - - "-! '.) other bodies of water in a clean and orderly condition, repairing damage caused by common area erosion, replacing any existing landscaping; providing for pest control when needed; and for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the Development, and maintaining the Development and improvements therein, providing those services important to the development and preservation of an attractive community appearance, and, maintaining the privacy, security and general safety of the owners and occupants of the development; all as may be more specifically authorized from time to time by the Board of Directors Creation of Lien and Personal Obligation of Assessments. Each Owner of a Lot or Dwelling, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, is deemed to covenant and agree to pay to the Association: (a) annual assessments, such assessments to be established and collected as provided in Section 9.03 hereof, (b) special assessments, such assessments to be established and collected as provided in Section 9.04 hereof, (c) individual or specific assessments against any particular Lot or Dwelling which are established pursuant to the terms of this Declaration, including, but not limited to, fines as may be imposed against such 'Lot or Dwelling in accordance with Article X hereof. Any such assessments or Recreational Charges, together with late charges, simple interest at the rate of eighteen (18%) percerit per annum, or at such other maximum interest rate as established by South Carolina law, and court costs and attorneys' fees incurred to enforce or collect such assessments or Recreational Charges, shall be an equitable charge and a continuing lien upon the Lot or Dwelling, the Owner of which is responsible for payment. Each Owner shall be personally liable for assessments or Recreational Charges coming due while he is the Owner of a Lot or Dwelling, and his grantee shall take title to such Lot or Dwelling subject to the equitable charge and continuing lien therefor, but without prejudice to the rights of such grantee to recover from his grantor any amounts paid by such grantee therefor; provided, however, the lien for unpaid assessments or Recreational Charges shall not apply to the holder of any first priority institutional Mortgage or to the holder of any Mortgage securing a loan made by Declarant. its affiliates, successors, or assigns, and who takes title to a Lot or Dwelling through foreclosure, or to any purchaser of such Lot or Dwelling at such foreclosure sale. n the event of co ownership of any Lot or Dwelling, all of such co Owners shall be jointly and severally liable for the entire amount of such assessments and Recreational Charges. Assessments and Recreational Charges shall be paid in such manner and on such dates as may be fixed by the Board of Directors, provided that unless otherwise provided by the Board, the annual assessments shall be paid in equal monthly installments Computation of Annual Assessments. Each Owner of a Lot and each Owner of a Dwelling shall pay the Association an annual assessment per Lot or Dwelling as set forth herein. Further, to equitably compensate for additional common area uses caused by commercial 3ctivities, there shall be an annual commercial fee or 31 UJ:.;tll

42 , '.,,.j -~.!\ -. assessment on the Owner of the Marina, and the annual commercial fee 01 assessment on the Owner of the Golf Course Complex, which Golf Course Comple;.. includes, but is not limited to, the golf courses, pool, tennis courts, club house, parking, etc., said sums to be adjusted annually and billed in accordance with the procedure set out immediately below and to be placed in an account and to be used exclusively for the purpose hereinabove noted. t shall be the duty of the Board at least thirty (30) days prior to the Association's annual meeting, to prepare a budget covering the estimated Common Expenses during the coming year, such budget to include a capital contribution or reserve account if necessary for the capital needs of the Association. The annual assessment for each Lot andlor Dwelling is equal to the total annual budget divided by the total number of Lots and Dwellings (exclusive of lots owned by Declarant), plus an assessment factor equal to an assessment of twelve (12) lots for the marina owner and an assessment factor equal to the assessment of twenty (20) Lots for the owner of the Golf Course Complex. The Board shall charge the Owner of the marina twelve (12) times the annual assessment of each Lot and Dwelling and shall charge the Owner of the Golf Course Complex twenty (20) times the annual assessment of each Lot and Dwelling. The Board shall cause the budget and the proposed total of the annual assessments to be levied against Lots, Dwellings, the marina, the Golf Course Complex, or other commercial or business buildings as may be required for the following year to be delivered to each Owner at least fifteen (15) days prior to such meeting. Upon the addition of the Additional Property or any portion thereof to the Development, assessments shall continue to be equal and the Lots and Dvvellings being added to the Development shall thenceforth pay assessments which are equal to those imposed upon Lots and Dwellings previously in the Development. n such event, the Association's budget shall be accordingly revised by the Board, wi;hout the necessity of approval by the Owners, to include Common Expenses and assessments related to such additional Lots and Dwellings. The b'udget and the annual assessments shall become effective unless disapproved at the annual meeting by a vote of a majority of the votes of the Owners who are voting in person or by proxy at such meeting. Notwithstanding the foregoing, in the event the proposed budget is not approved or the Board fails for any reason to determine the budge, for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget and annual assessments in effect for the then current year shall be increased at the option of the Board up to fifteen (15%) percent of the maximum authorized payment for the previous year, and such increased budget shall be implemented for the succeeding year, until a new budget shall have been approved as provided above. f any budget at any time proves inadequate for any reason, then the Board may call a meeting of the Association for the approval of a special assessment as provided in Section 9.04 hereof. The Common Expenses to be funded by the annual assessments may include, but shall. not necessarily be limite::j to, the following:

43 (i) management fees and expenses of administration, including legal and accounting fees; (ii) (iii) (iv) (v) (vi) (vii) utility charges for utilities serving the Common Areas and charges for other common services for the Development, including trash collection and security services, if any such services or charges are provided or paid by the Association; the cost of any policies of insurance purchased for, the benefit of all the Owners and the Association as required or permitted by this Declaration, including fire, flood, and other hazard coverage, public liability coverage, and such other insurance coverage as the Board of Directors determines to be in the interests of the Association and the Owners; the expenses of maintenance, operation, and repair of those portions of the Common Areas which are the responsibility of the Association under the provisions of this Declaration; the expenses of the Architectural Review Board which are not defrayed by plan review charges; ad valorem real and personal property taxes assessed and levied against the Common Areas; the expenses for conducting recreational, cultural, or other related programs for the benefit of the Owners and their families, tenants, guests, and invitees; ivlii) slich other expenses as may be determined from time to time by the Board of Directors of the Association to

44 ,, be Common Expenses, including, without limitation, taxes and governmental charges not separately assessed against Lots, Dwellings, or Multi-Family Areas; (ix) (x) (xi) the establishment and maintenance of a reasonable reserve fund or funds (A for maintenance, repair, and replacement of those portions of the Common Areas which are the responsibility of the Association and which must be maintained, repaired, or replaced on a periodic basis, (B) to cover emergencies and repairs required as a result of casualties which are not funded by nsurance proceeds, and (C) to cover unforeseen operating contingencies or deficiencies arising from unpaid assessments or liens, as well as from emergency expenditures and other matters, all as may be authorized from time to time by the Board of Directors. the establishment of a mosquito control program; and for such further items that the Board may, in its discretion, deem necessary Special Assessments. n addition to the annual assessments authorized above, the Association, acting through its Board of Directors, may levy, in any assessment year, special assessments for Common Expenses, provided that except as otherwise permitted in Sections 0.02 and 7.01 hereof, any such assessment shall be approved by a majority of the votes of the Owners who are voting in person or by proxy at a meeting duly called for this purpose in accordance with the provisions of Section 9.06 hereof. The Board of Directors may make such special assessments payable in installments over a period which may, in the Board's discretion, extend in excess of the fiscal year in which adopted, Such special assessments are to be prorated among the Lots and Dwellings equally as provided with respect to annual assessments ndividual Assessments. Any expenses of the Association occasioned by the conduct of less than all of the Owners or by the family, tenants, agents, 3':' 00044

45 - - \.. : ( ~ r:! ~,, '. guests, or invitees of any Owner shall be specially assessed against such Owners and their respective Lots or Dwellings. The individual assessments provided for in this Section 9.05 shall be levied by the Board of Directors and the amount and due date of such assessments so levied by the Board shall be as specified by the Board Notice of Meeting and Quorum. Written notice of the annual meeting of the Association, as well as any other meeting called for the purpose of taking any action authorized under Sections 9.03 and 9.04 hereof. shall be sent to all members not less than fifteen (15) days nor more than forty-five (45) days in advance of such meetings. With respect to annual meetings, the presence of members or proxies entitled to cast over fifty (50%) percent of all the votes of the Association shall constitute a quorum. f the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be the presence in person or by proxy of members having one-third (1/3) of the total votes of the Association. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting; 9.07 Liens. All sums assessed against any Lot or Dwelling pursuant to this Declaration, together with court costs, reasonable attorneys' fees, late charges, and interest as provided herein, shall be secured by an equitable charge and continuing lien on such Lot or Dwelling in favor of the Association. Furthermore, all Recreational Charges which are charged by an Owner, his family, tenants, or guests with respect to his use or the use by his family, tenants, or guests of the Recreational Amenities shall be the personal obligation of such Owner and shall be an equitable charge and continuing lien against the Lot or Dwelling of such Owner. Such liens shall be superior to all other liens and encumbrances on such Lot or Dwelling except only for (i) liens of ad valorem taxes, and (ii) liens for all sums unpaid on a first priority nstitutional Mortgage or on any Mortgage to Declarant, or its affiliates, successors, or assigns, and all amounts advanced pursuant to any such Mortgage and secured thereby in accordance with the terms of such instrument. Notwithstanding the foregoing to the contrary, the subordination of assessments and Recreational Charges to the lien of such Mortgages shall only apply to such assessments and Recreational Charges which have become due and payable prior to a foreclosure. All other persons acquiring liens or encumbrances on any Lot or Dwelling after this Declaration shall have been recorded shall be deemed to consent that such liens or encumbrances shall be inferior to such future liens for assessments and Recreational Charges as provided herein, whether or not such prior consent shall be specifically set forth in the instruments creating such liens or encumbrances Effect of Nonpayment; Remedies of the Association. Any assessments or Recreational Charges of any Owner or any portions thereof which are not paid when due shall be delinquent. Any Assessment or Recreational Charges delinquent for a period of more than ten (10) days after the date when due shall incur a late charge in an amount as may be determined by the Board from time to time and shall

46 also commence to accrue simple interest at the rate of eighteen (18%) percent per annum. A lien and equitable charge as herein provided for each assessment or Recreational Charge shall attach simultaneously as the same shall become due and payable', and if an assessment or Recreational Charge has not been paid within thirty (30) days, the entire unpaid balance of the assessment or Recreational Charge may be accelerated at the option of the Board and be declared due and payable in full. The continuing lien and equitable charge of such assessment or Recreational Charge shall include the late charge established by the Board of Directors, interest on the principal amount due at the rate of eighteen (18%) percent per annum, all costs of collection (including reasonable attorneys' fees and court costs). and any other amounts provided or permitted hereunder or by law. n the event that the assessment or Recreational Charge remains unpaid after sixty (60) days from the original due date, the Association may, as the Board shall determine, institute suit to collect such amounts and to foreclose its lien. The equitable charge and lien provided for in this Article shall be in favor of the Association, and each Owner, by his acceptance of a deed or other conveyance to a Lot or Dwelling, vests in the Association and its agents the right and power to bring all actions against him personally for the collection of such assessments and Recreational Charges as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. The Association shall have the power to bid on the Lot or Dwelling at any foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. No Owner may waive or otherwise escape liability for the assessments and Recreational Charges provided for herein, including by way of illustration but not limitation, non-use of the Common Areas or abandonment of his Lot or Dwelling, and an Owner shall remain personally liable for assessments, Recreational Charges, interest. and late charges which accrue prior to a sale, transfer, or other conveyance of his Lot or Dwelling Certificate: The Treasurer, any Assistant Treasurer. or the manager of the Association shall, within ten (10) days ofa written request and upon payment of such fee as is from time to time determined by the Board of Directors, furnish to any Owner or such Owner's Mortgagee which requests the same, a certificate in writing signed by said Treasurer, Assistant Treasurer, or manager setting forth whether the assessments and Recreational Charges for which such Owner is responsible have been paid, and, if not paid, the outstanding amount due and owing, together with all fines, accrued interest, and other penalty charges. Such certificate shall be conclusive evidence of payment of any assessments and Recreational Charges stated therein Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence as to each Lot and Dwelling on the day on which such Lot or Dwelling is conveyed to a person other than Declarant and shall be due and payable in such manner and on such schedule as the Board of Directors may provide. Annual assessments and any outstanding special assessments shall be adjusted for such Lot or Dwelling according to the number of months then remaining in the then fiscal year of the Association and the number of days then remaining n

47 the month in which such Lot or Dwelling is first conveyed.' Annual and special assessments for Lots and Dwellings in portions of the Additional Property hereafter submitted to the terms of this Declaration shall commence with respect to each such Lot and Dwelling on the later of (i) the day on which such Lot or'dwelling is conveyed to a person other than Declarant or (ii) the day of the recording of the amendment to the Declaration so submitting such parcels, and annual and special assessments for each such Lot and Dwelling shall be adjusted according to the number of months then remaining in the fiscal year of the Association and the number of days then remaining in the month in which such assessments commence. Anything contained herein to the contrary notwithstanding, Declarant shall not be responsible for the payment of annual or special assessments on Lots, Dwellings, or Multi-Family Areas which it or its affiliates own and which do not contain occupied residences, provided that Declarant covenants and agrees to pay annual and special assessment for each Dv",elling owned by Declarant or an affiliate and containing occupied residences. ARTCLE X ARCHTECTURAL STANDARDS AND USE RESTRCTONS Purpose. n order to preserve the natural setting and beauty of the Development, to establish and preserve a harmonious and aesthetically pleasing design for the Development, and to protect and promote the value of the Development, the Lots, Dwellings, Multi-Family Areas, and all improvements located therein or thereon shall be subject to the restrictions set forth in this Article X, Every grantee of any interest in the Development, by acceptance of a deed or other conveyance of such interest, agrees to be bound by the provisions of this Article X, Architectural Review Board. The Board of Directors shall establish the Architectural Review Board which shall consist of up to five (5) (but not less than three [3J members), who mayor may not be members of the Board of Directors. Two of the Architectural Review Board members shall be representatives of ALCOA SOUTH CAROLNA, NC. for so long as ALCOA SOUTH CAROLNA, NC. desires to provide the administration and agrees to fund the administration of the Architectural Review Board. The regular term of office for each member shall be one (1) year, coinciding with the fiscal year of the Association. Any member appointed to the Board may be removed with or without cause by the Board and/or ALCOA SOUTH CAROLNA, NC. so long as ALCOA SOUTH CAROLNA, NC. desires to provide the administration and agrees to fund the administration of the Architectural Review Board) at any time by written notice to such appointee, and a successor or success'ors appointed to fill such vac:mcy shall serve the remainder of the term of the former member. ;~c;'::ithstanding the foregoing to the contrary, any member appointed to the Architectural Review Board by the Board shall be subject to the prior approval of ALCOA SOUTH CAROLNA, NC. so long as ALCOA SOUTH CAROLNA, NC. desires

48 .,., to administer and fund the administration of the Architectural Review Board. The Architectural Review Board shall elect a chairman and he, or in his absence, the vice chairman, shall be the presiding officer at its meetings. The Architectural Review Board shall meet at least once in each calendar month, as well as upon call of the chairman, and all meetings shall be held at such places as may be designated by the chairman. Three (3) members shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of those present in person or a proxy at a meeting of the Architectural Review Board shall constitute the action of the Architectural Review Board on any matter before it. The Architectural Review Board is authorized to retain the services of consulting architects, landscape architects, urban designers, engineers, inspectors, and/or attorneys in order to advise and assist the Architectural Review Board in performing its functions set forth herein. Each member of the Architectural Review Board may be paid a stipend or honorarium as from time to time determined by the Board and Declarant so long as ALCOA SOUTH CAROLNA, NC. agrees to administer and fund the administration of the Architectural Review Board Permitted mprovements. No improvements of any nature whatsoever shall be constructed, altered, added to, or maintained upon any part of the Development, except (i) for Dwellings and other improvements which are constructed by ALCOA SOUTH CAROLNA, NC., (ii) such improvements as are approved by the Architectural Review Board in accordance with this Article X, or (iii) improvements which pursuant to this Article X do not require the consent of the Architectural Review Board. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable except unto the Association Construction of mprovements. (a) All buildings, structures, or other improvements (excepting sidewalks and driveways) on or with respect to any Lot, Dwelling, or Multi-Family Area shall be located only within the setback lines specified in the Dataw sland Design Guidelines, provided that the Architectural Review Board shall be empowered to grant variances with respect to such setback lines. To assure that Dwellings and other structures will be located so that the maximum view, privacy, and breeze will be available to each Dwelling or structure, Dwellings and structures will be located with regard to the topography of each Lot, Dwelling, and Multi-Family Area taking into consideration the location of trees and vegetation and other aesthetic and environmental considerations, as well asthe precise site and location of any other Dwellings or structures within the Development. (b) No construction of improvements on any Lots, Dwellings, or Multi-Family Areas shall be undertaken or conducted on any Saturdays, Sundays, or holidays as established by the Architectural Review Board except for (i) construction activities of ALCOA SOUTH CAROLNA, NC., (ii) emergency situations involving the potential

49 i [',1., l'.-. \.., '- ~. loss, injury, or damage to person or property, and (iii) as otherwise permitted by the Architectural Review Board. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable except unto the Association. (c) The Architectural Review Board, in its sole discretion, may require that any contractor andlor subcontractor, exclusive of those of ALCOA SOUTH CAROLNA, NC., for any planned improvements within the Development post payment and/or performance bonds with the Architectural Review Board to assure that such contractor or subcontractor shall satisfactorily complete such improvements, such bonds to be in the name of the Association and to be in form and amount satisfactory to the Architectural Review Board. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable except unto the Association. Furthermore, the Architectural Review Board, in its sole discretion, may require that an Owner place in escrow with the Architectural Review Board a sum of no more than Five Thousand and Noll00 ($5,000.00) Dollars in order to assure the completion of all improvements, including landscaping, in accordance with approved plans and specifications, within the time periods provided in this Section and in Section hereof. The exterior of any improvements permitted by this Declaration shall be completed within one (1) year after the construction of same shall have been commenced, except where the Architectural Review Board allows for an extension of time because such completion within such time is impossible or would result in great hardship to the Owner or builder thereof due to strikes, national emergencies, fires, floods, lightning, earthquakes. or other casualties. n the event that such improvements or landscaping are not completed in accordance with approved plans and specifications within the provided periods, the Architectural Review Board shall be entitled to collect on or enforce any payment or performance bonds required hereunder so as to ensure the proper completion of any such improvements. Furthermore, the Architectural Review Board shall be entitled to retain any sums so held in escrow as a penalty for such failure to complete, and such sums shall be remitted to and shall be the property of the Association. Any such sums so held in SUCll escrow shall, at the discretion of the Architectural Review Board, be invested so as to earn interest, and any interest earned thereon shall be paid to the Owner making such escrow deposit, if his escrow deposit is refunded, or, if remitted to the Association, shall be the property of the Association. (d) Dwellings may not be temporarily or permanently occupied until the exteriors thereof have been completed. No temporary house, shack, tent, barn, or other outbuilding shall be permitted on any Lot, Dwelling, or within any Multi-Family Area at any time, except as provided in Section hereof and except for temporary structures for social functions as may be permitted by rules and regulations promulgated by the Board, nor shall any stable, poultry house or yard, rabbit hut, dog houses or ether similar yard structure be constructed or allowed to remain on any Lot or Dwelling or within any Multi-Family Area. During the continuance of construction

50 by an Owner or a Multi-Family Association, such Owner or Multi-Family Association shall require its contractors to maintain the Lot, Dwelling, or Multi-Family Area in a reasonably clean and uncluttered condition and, to the extent possible, all construction trash and debris shall be kept within refuse containers. Upon completion of construction, such Owner or Multi-Family Association, as the case may be, shall cause its contractors to immediately remove all equipment, tools, and construction material and debris from the Lot, Dwelling, or Multi-Family Area on which such construction has been completed Architectural Approval. To preserve the architectural and aesthetic appearance of the Development, no construction of improvements of any nature whatsoever shall be commenced or maintained by any Owner or Multi-Family Association, other than ALCOA SOUTH CAROLNA, NC., with respect to the construction or exterior of any Dwelling or with respect to any other portion of the Development, including, but not limited to, the construction or installation of sidewalks, driveways, parking lots, mailboxes, decks, patios, courtyards, swimming pools, tennis courts, greenhouses, playhouses, awnings, walls, fences, docks, wharves, bulkheads, boat slips, boathouses, exterior lights, garages, guest or servants' quarters, or other outbuildings, nor shall any exterior addition to or change or alteration therein be made (including, without limitation, pairiting or staining of any exterior surface), unless and until two (2) copies of the plans and specifications and related data (including, if required by the Architectural Review Board, a survey showing the location of trees of four (4) inches in diameter at a height of four 141 feet and other significant vegetation on such Lot. Dwelling, or Multi-Family Areal showing the nature, color, type, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony of external design, location, and appearance in relation to surrounding structures, vegetation and topography by the Architectural Review Board. One copy of such plans, specifications, and related data so submitted shall be retained in the records of the Architectural Review Board, and the other copy shall be returned to the Owner or Multi-Family Association marked "approved" or "disapproved." The Architectural Review Board shall establish a fee sufficient to cover the expense of reviewing plans and related data and to compensate any consulting architects, landscape architects, urban designers, engineers, inspectors, and. or attorneys retained in accordance with the terms hereof. Notwithstanding the foregoing, an Owner may make interior improvements and alterations within his Dwelling and a Multi-Family Association may make interior improvements or alterations vithin any building or structures which it owns or maintains, without the necessity of approval or review by the Architectural Review Board.' The Architectural Review Board shall have the sole discretion to determine whether plans and specifications submitted for approval are acceptable to the Association. n connection with approval rights and to prevent excessive drainage or surface water run-off, the Architectural Review Board shall have the right to establish a maximum percentage of a Lot, Dwelling, or Multi-Family Area which may be covered by Dwellings, buildings, structures, or other improvements, which 4C 00050

51 J D,S a standards shall be promulgated on the basis of topography, percolation rate of the soil, soil types and conditions, vegetation cover, and other environmental factors. Following approval of any plans and specifications by the Architectural Review Board, representatives or agents of the Architectural Review Board shall have the right during reasonable hours to enter upon and inspect any Lot, Dwelling, Multi-Family Area, or other improvements with respect to which construction is underway to determine whether or not the plans and specifications therefor have been approved and are being complied with. n the event the Architectural Review Board shall determine that such plans and specifications have not been approved or are not being complied with, the Architectural Review Board shall be entitled to enjoin further construction and to require the removal or correction of any work in place which does not comply with approved plans and specifications. n the event the Architectural Review Board fails to approve or disapprove in writing any proposed plans and specifications within fortyfive (45) days after such plans and specifications shall have been submitted, such plans and specifications will be deemed to have been expressly approved. Upon approval of plans and specifications, no further approval under this Article X shall be required with respect thereto, unless such construction has not substantially commenced within six (6) months of the approval of such plans and specifications (e.g. clearing and grading, pouring o.f footings, etc.) or unless such plans and specifications are materially altered or changed. Refusal of approval of plans and specifications may be based by the Architectural Review Board upon any grounds which is consistent with the objects and purposes of this Declaration, including purely aesthetic considerations, so long as such grounds are not arbitrary or capricious. ALCOA SOUTH CAROLNA, NC. 's rights under this subsection are not assignable except unto the Association Landscapino Approval. To preserve the aesthetic appearance of the Development, no landscaping, grading, excavation, or filling of any nature whatsoever shall be implemented and installed by any Owner or Multi-Family Association, other than Declarant, unless and until the plans therefor have been submitted to and approved in writing by the Architectural Review Board. The provisions of Section hereof regarding time for approval of plans, right to inspect, right to enjoin and/or require removal, etc. shall also be applicable to any proposed landscaping, clearing, grading, excavation, or filling. Such plans shall include a calculation of the area to be covered by grass lawns versus the area to be left in a natural state, and the Architectural Review Board shall be entitled to promulgate standards with respect to such coverages. n addition to the provisions of Section hereof. the landscaping plan for any Lots, Dwellings, or Multi-Family Areas adjacent to golf courses within the Common Areas shall, or that portion of such Lot, Dwelling, or Multi Family Area as set forth in the Dataw sland Design Guidelines, be in general conformity with the overall landscaping plan of such golf course. Furthermore, no 'ledge or shrubbery planting or newly planted tree(s) which obstructs sight-lines at elevations as established b\' the Dataw sland Design Guidelines shall be placed or

52 permitted to remain on any Lot. Dwelling, or Multi-Family Area within the Development. No Owner or Multi-Family Association, other than ALCOA SOUTH CAROLNA, NC., shall be entitled to cut, remove, or mutilate any trees, shrubs, bushes, or other vegetation having a trunk diameter of four (4) inches or more at a point of four (4).feet above ground level. without obtaining the prior approval of the Architectural Review Board, provided that dead or diseased trees which are inspected and certified as dead or diseased by the Architectural Review Board or its representatives, as well as other dead or diseased shrubs, bushes, or other vegetation, shall be cut and removed promptly from any Lot, Dwelling, or Multi-Family Area by the Owner of such Lot or Dwelling or the Multi-Family Association for such Multi Family Area, as the case may be. All of the landscaping of Lots and Dwellings must be completed within ninety (90) days of issue of certificate of occupancy. All Landscaping shall be maintained by the Owner to the level equal to or greater than the landscape plan originally approved by the Architectural Review Board. Such maintenance shall include watering, weeding, using herbicides, removing dead branches, mowing grass and replenishing mulches (pine straw, bark, etc.) so as to maintain a neat appearance. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable except unto the Association Approval Not a Guarantee. No approval of plans and specifications and no publication of architectural standards shall be construed as representing or implying that such plans, specifications, or standards will, if followed, result in properly designed improvements. Such approvals and standards shall in no event be construed as representing or guaranteeing that any Dwelling or other improvement built in accordance therewith will be designed and/or built in a good and workmanlike manner. Neither Declarant, the Association, nor the Architectural Review Board shall be responsible or liable for any defects in any plans or specifications submitted, revised, or approved pursuant to the terms of this Article X, nor any defects in construction undertaken pursuant to such plans and specifications Building Restrictions. For Building Restrictions, reference the Dataw sland Design Guidelines that are available at the office of the Association, as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board Service Yards. For Service Yards, reference Dataw sland Design Guidelines that are available at the office of the Association, as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board

53 10.10 Use of Lots and Dwellings. Except as permitted by Sections 3.10 and hereof, each Lot and Dwelling shall be used for residential purposes only, and no trade or business of any kind may be carried on therein. The use of a portion of a Dwelling as an office by an Owner or his tenant shall not be considered to be a violation of this covenant if such use does not create regular customer, client, or employee traffic, provided that in no event shall any Lot or Dwelling be used as the office of or storage area for any building contractor or real estate developer. Furthermore, the operation of the Recreational Amenities, including, without limitation the charging and collecting of garden plot rentals, dock, as well as other related activities, and the operation in common areas for which a fee may be charged, including, but not limited to, garden plots, rentals and docks, shall be expressly permitted within the Development, exclusive of Lots, Dwellings or Multi-Family Areas, and shall not be deemed to be a violation of the terms of this Section Lease or rental of a single-family Dwelling or a multi-family Dwelling (except the Bluff Villas, recorded in Plat Book 32 at Page 206) for a period of at least thirty (30) days and no more frequent than two (2) rentals per year per single-family Dwelling shall also not be considered to be a violation of this covenant so long as the lease is in compliance with rules and regulations as may be promulgated and published from time to time by the Board of Directors. All leases shall be required to be in writing, and, prior to the commencement of any such lease, the Owner shall provide the Secretary of the Association and the managing agent of the Association, if any, with copies of such lease. Any lessee or tenant shall in all respects be subject to the terms and conditions of this Declaration and the rules and regulations adopted hereunder Boats and Watercraft, Exclusive of Marina. No persons shall be entitled to live or reside on any yacht, boat, or other watercraft from time to time docked, moored, or otherwise located within the Development, provided that the Board of Directors may establish rules and regulations permitting the temporary occupancy of any such yachts, boats, or other watercraft. n addition, no sewage effluent, treated or otherwise, shall be discharged from any yacht, boat, or other watercraft into any lagoon, marina, pond, or other body of water within or adjacent to the Development. Furthermore, exclusive of the Marina, Owners and their tenants shall not be entitled to lease or rent any boat slips, boathouses, or wharf, dock, or bulkhead space adjacent to Lots, Dwellings, or Multi-Family Areas to persons other than other Owners or their tenants Exterior Appearance. For exterior appearance, reference the Dataw sland Design Guidelines that are available at the office of the Association, as are established by Architectural Review Board and as may be amended from time to time by the Architectural Review Board Signs. Except as may be required by legal proceedings, no signs or adver :ising posters. of any kind shall be maintained or permitted within any windows or on the exterior of any impr?vements. trees, or utility structures located within the "

54 ,. Development, without the express written permission of the Architectural Review Board. The approval of any signs and posters, including, without limitation, name and address signs, shall be upon such conditions as may be from time to time determined by the Architectural Review Board and may be arbitrarily withheld. Notwithstanding the foregoing, the restrictions of this Section shall not apply to ALCOA SOUTH CAROLNA, NC. n addition, the Board of Directors, on behalf of the Association, shall have the right to erect reasonable and appropriate signs on any portion Cif the Common Areas and within those easement areas established in Section 3.08 hereof. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable to anyone other than the Association Mailboxes. For Mailboxes, reference the Dataw sland Design Guidelines that are available at the office of the Association, as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board Antennas. For Antennas, reference the Dataw sland Design Guidelines that are available at the office of the Association, as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board. No radio or television signal nor any electro-magnetic radiation is permitted to originate from any lot which may interfere with the reception of any television or radio signal within the development Security Systems. nasmuch as Declarant or the Association shall install a central security system within the Development, with the capability of providing security services, to each Dwelling and other buildings within the Development, each Owner shall install and maintain such security system to and within each Dwelling and other buildings., Declarant or Association assumes no liability for any installed security systems Water Wells and Septic Tanks. Subject to the terms of Section 3.14 hereof, no private water wells for potable water may be drilled or maintained on any Lot, Dwelling, or Multi-Family Area so long as Declarant or an affiliate, or the Association, a public service district, any governmental unit, or any public or private utility shall have installed a water distribution line within one hundred (100) feet of such Lot, Dwelling, or, Multi-Family Area with average daily water pressure in such line adequate for the normal household use of those Dwellings served by such distribution line'. With the written approval of the Architectural Review Board, private wells may be drilled and maintained on a Lot, Dwelling or Multi-Family area for heating and air conditioning. Furthermore, no permanent septic tanks or similar sewerage facilities may be installed or maintained on any Lot, Dwelling, or Multi-Family Area, except as provided in Section 3.14 hereof, unless there is satisfactory soil percolation and Declarant or an affiliate, the Association, a public service district. any

55 governmental unit, or any public or private utility shall not have installed a sanitary sewer line within one hundred (100) feet of such Lot, Dwelling, or Multi-Family Area, which line is connected to adequate sewerage treatment facilities. The Architectural Review Board, with the consent of Declarant, may approve the temporary use of septic tanks or similar sewage facilities, with the understanding that this use may be revoked by the Architectural Review Board and Declarant upon thirty (30) days written notice and said septic tank(s) and/or said facilities must be removed and/or disconnected Water Conservation. n order to promote good water conservation practices and to lessen the burden of treating and disposing of sewage effluent, reference the Dataw sland Design Guidelines that are available at the office of the Association, as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board Pets. No animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept by any Owner, his family, tenants or guests, upon any portion of the Development, provided that a reasonable number of generally recognized house pets may be kept in Dwellings, subject to rules and regulations adopted by the Association, through its Board of Dir'ectors, and further provided that such pet or pets are kept or maintained solely as domestic pets and not for any commercial purpose. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. No structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Common Areas. Pets shall be under leash at all times when walked or exercised in any portion of the Common Areas or on property not owned by pet owner, and no pet shall be permitted to leave its excrement on any portion of the Common Areas, and the Owner of such pet shall immediately remove the same. Upon the written request of any Owner, the Board of Directors may conclusively determine, in its sole and absolute discretion, Whether, for purposes of this Section 10.19, a particular pet is a generally recognized house pet or such pet is a nuisance, and the Board shall have the right to require the owner of a particular pet to remove such pet from the Development if such pet is found to be a nuisance or to be in violation of these restrictions. The Board of Directors shall have the further right, subject to Section hereof, to fine any Owner (in an amount not to exceed $50.00 per violation) for the violation of these pet restrictions by such Owner, his family, tenants or guests, and an Owner shall be liable to the Association for the cost or repair of any damage to the Common Areas caused by the pet of such Owner, his family, tenants or guests, or of an occupant of such Owner's Lot or Dwelling. Any such fine or cost of repair shall be added to and become a part of the portion of any assessment next coming due to which such Lot or Dwelling and its Owner are subject Hunting and Fishing. No hunting will be allowed in the Development. Fishing will be allowed in the Development in areas from time to time designated by the Board of Directors

56 ", Limitations as to Use of Bodies of Water. The lagoons, lakes, ponds, and other bodies of water within the Development are intended for the use and enjoyment of the Owners, the Association, and Dataw sland Club, nc., their guests and invitees and the enhancement of the Development. To provide for the full enjoyment of the aforesaid water courses and bodies of water and to preserve water quality and to minimize erosion due to water turbulence, no boats and no combustion type engines shall be operated in said water courses or bodies of water within the Development without the written consent of the Board of Directors of the Association. which permission may be arbitrarily withheld. Declarant has or will transfer to the Association or Dataw sland Club, nc. ownership of all bodies of water referred to above and expressly grants unto the Association every reasonable use and enjoyment of said lagoons, water courses and other bodies of water in a manner not inconsistent with this Declaration. t is further expressly recognized that said lagoons and bodies of water perform valuable drainage functions requiring water levels to be raised and lowered from time to time in connection with the Development. The Association and/or Dataw sland Club, nc. expressly retains all rights to adjust water levels as requirements dictate Nuisances. No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the Development, nor shall any nuisance or odors be permitted to exist or operate upon or arise from the Development, so as to render any portion thereof unsanitary, unsightly, offensive, or detrimental to persons, using or occupying any other portions of the Development. Noxious or offensive activities shall not be carried on in any Lot, Dwelling, or Multi~ Family Area or in any part of the Common Areas, and each Owner, his family, tenants, guests, invitees, servants,and agants shall refrain from any act or use of a Lot, Dwelling or Multi-Family Area or of the Common Areas which could cause disorderly, unsightly, or unkempt conditions, or which could cause embarrassment, discomfort, annoyance, or nuisance to the occupants of other portions of the Development or which could result,in a cancellation of any insurance for any portion of the Development, or which would be in violation of any law or governmental code or regulation. Without limiting the generality of the foregoing provisions, no exterior speakers, horns, whistles, bells, or other sound devices, except fire alarm and lightning alarm devices used exclusively for such purposes, shall be located, used or placed within the Development. Nor shall any materials such as peatbags, hose reels, leftover lumber, etc. be allowed to be stored in outside areas within public view. Also, without limiting the generality of the foregoing, except within screened service yards, air drying of clothes is prohibited, nor shall any clothing, rugs or other items be hung over any railing, fence, hedge or wall Golf Course Areas. Owners of Lots and Dv!ellings adjacent to all golf course fairways and greens, as well as their families. tenants, guests, invitees and pets, shall be obligated to refrain from any actions which would detract from the

57 playing qualities of the golf courses. Such prohibited activities shall include, but not be limited to, maintenance of dogs or other pets under conditions which interfere with golf course play due to their loud barking or other actions, running or walking on the fairways, picking up balls, or like interference with play Motor Vehicles, Trailers, Boats, etc. Each Owner or MUlti-Family Association shall provide for parking of their automobiles off streets and roads within the Development after the issuance of a certificate of occupancy of the Dwellings. Subject to the terms of this Section 10.23, there shall be no outside storage or parking upon any Lot, Dwelling, or Multi-Family Area or within any portion of the Common Areas (other than areas provided therefor within the Common Areas, if any) of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than pick-up trucks), commercial vehicles of any type, camper, motorized camper or trailer, boat or other watercraft (other than in boat slips, boathouses, or other docking facilities) boat trailer, motorcycle, motorized bicycle, motorized go-cart, or any other related forms of combustion driven or towed transportation devices. Furthermore, the Board of Directors may at any time prohibit mobile homes, motor homes, campers, trailers of any kind, motorcycles, motorized bicycles, motorized gocarts, and other vehicles, or any of them, from entering and/or being kept, placed, stored, maintained, or operated upon any portion of the Development if in the opinion of the Board of Directors such prohibition shall be in the best interests of the Development. No Owners or other occupants of any portion of the Development shall repair or restore any vehicle of any kind upon or within any Lot, Dwelling, or Multi Family Area or within any portion of the Common Areas, except (i) within enclosed garages or workshops or (ii) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility. Rental storage space for the above mentioned vehicles, boats, etc" may be provided in the maintenance area Sales and Construction Activities. Notwithstanding any provisions or restrictions contained in this Declaration to the contrary, it shall be expressly permissible for Declarant and its agents, employees, successors, and assigns to maintain and carryon such facilities and activities as may be reasonably required, convenient, or incidental to the completion, improvement, and sale of Lots and/or Dwellings or the developing of Lots, Dwellings, Multi-Family Areas, Common Areas, and Additional Property, including, without limitation, the installation and operation of sales and construction trailers and offices, signs and model Dwellings, provided that the location of any construction trailers of any assignees of Declarant's rights under this Section shall be subject to the Architectural Review Board's approval. The right to maintain and carryon such facilities and activities shall include specifically the right to use Dwellings as model residences, and to use any Dwelling as an office for the sale of Lots and or Dwellings and for related activities

58 , Multiple Ownership. No Lot or Dwelling may be owned by more ti'.an four (4) Owners at anyone time. For purposes of this restriction, a married col;:jle constit.utes a single Owner. Furthermore, no Lots or Dwellings may be sold under any time-sharing, time-interval, or similar right-to-use programs. Notwithstanding the foregoing to the contrary, a Lot or Dwelling may be owned by a corporation or partnership so long as such corporation or partnership does not have more than four (4) designated users. Designated user(s) is herein defined as a person who uses the Dwelling for a period as established by the Board of Directors; a listing of said designated user(s) shall be filed with the Board of Directors upon closing of said lot and shall be updated annually Repurchase Option. Subject to the provisions of Section hereof, Declarant hereby reserves unto itself and its successors and assigns the right and option to purchase any Lot or Dwelling within the Development which is offered for sale by the Owner thereof, such option to be at the price and on the terms and conditions of any bona fide offer for such Lot or Dwelling which is acceptable to such Owner and which is made in writing to such Owner by a third party. Upon the receipt of any such offer by an Owner, such Owner shall promptly submit a copy of the same to Declarant, and Declarant shall have a period of thirty (30) days from and after the presentation of such offer to Declarant in which to exercise its purchase option by giving such Owner written notice of such exercise. f Declarant fails to respond or to exercise such purchase option within said thirty (30) day period, Declarant shall be deemed to have waived such purchase option. f Declarant declines to exercise such option, Declarant shall execute an instrument evidencing its waiver of its repurchase option, which instrument shall be in recordable form. n the event that Deciarant does not exercise its purchase option and such sale to a third party is not consummated on such terms within six (6) months of the date in which the offer is transmitted to Declarant, the terms and limitations of this Section shall again be imposed upon any sale by such Owner. f Declarant shall elect to purchase such Lot or Dwelling. the transaction shall be consummated within sixty (60) days following delivery of written notice by Declarant to such Owner of Declarant's decision to so purchase such Lot or Dwelling. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection may not be assigned to a third party and may only be assigned to the Association Garages. All detached Dwellings are required to have a covered carport or garage in accordance with the Dataw sland Design Guidelines that are available at the office of the Declarant, as are established by the Architectural Reviev: Board and as may be amended from time to time by the Architectural Review Board

59 -; (/' :) j Jl... \..,,] ARTCLE X SPECAL RESTRCTONS AFFECTNG ALL WATERFRONT, LAGOON AND MARSHLAND AREAS Restricted Zone. For restricted zone(s). reference the Dataw sland Design Guidelines that are available at the office of the Association and as are established by the Architectural Review Board and as may be amended from time to time by the Architectural Review Board Docks and Decks not Absolutely Prohibited. The provisions of Section of this ARTCLE X shall not prohibit the construction of docks and decks over the marsh in compliance with Section of this Article X. Declarant does not warrant or guaranty that any governmental agencies or other approving authorities will approve dock permits required for the construction of docks and decks aforesaid Conditions for Erection of Docks and Decks. Owners of Lots, Dwellings or Multi-family areas fronting on the navigable water may erect docks upon the property located between the outer boundary of their lots or parcels and contiguous to same and the low water mark upon complying with the following terms and conditions: (a) Complete plans and specifications, including site, color or finish must be submitted to the Architectural Review Board, (b) Written approval of the Architectural Review Board. (c) Written approval of any local, state or federal governmental departments or agencies which have jurisdiction over construction in or near salt marshlands must be secured. Any alteration of the plans and specifications or of the completed structure must also be submitted to the Architectural Review Board in writing and the Architectural Review Board's approval in writing must. be similarly secured prior to construction, the Architectural Review Board reserving the same rights to disapprove Zlilerations as it retains for disapproving the original structure Maintenance of Docks and Decks. All Lot, Dwelling, or Multi-family,1: loa owners who construct or cause to be constructed said docks, must maintain said

60 '/ ~! structures in good repair and keep the same safe, clean and orderly in appearance at all times, and further agree to paint or otherwise treat with preservatives all wood or metal located above the high water mark, exclusive of pilings and to maintain such paint or preservatives in im attractive manner. The Architectural Review Board shall be the judge as to whether the docks are safe, clean, and orderly in appearance, and properly painted or preserved in accordance with reasonable standards. Where the Architectural Review Board notifies the particular Lot, Dwelling or Multi-Family areas owner in writing that said dock fails to meet acceptable standards, said lot or parcel owner shall thereupon remedy such conditions within thirty (30) days to the satisfaction of the Architectural Review Board, and that failing to so remedy such conditions, the lot or parcel owners hereby covenant and agree that the Association may make th!3 necessary repairs, but is not obligated to make such repairs or take such actions as will bring the said dock up to acceptable standards, all such repairs and actions to be at the expense, solely, of the Lot, Dwelling or Multi-Family areas owner in question and the Association shall be entitled to reimbursement for such expenditures in the same manner and under the same terms as is provided in Section Entry by Board of Directors, Architectural Review Board or Declarant. Whenever the Board of Directors, Architectural Review Board, or Declarant is permitted by these covenants to correct, repair, clean, preserve, clear out or do any action on the property of any Lot, Dwelling, or Multi-Family areas owner, or on the easement areas adjacent thereto, entering the property and taking such action shall not be deemed a trespass Nature Preserve. The land north of Pee Dee Point and east of sland Circle East Road is designated on the Dataw sland Guidelines and the Master Plan for Dataw sland, Beaufort County, South Carolina, as a Nature Preserve ("Nature Preserve"). The use of property within a designated nature preserve shall be restricted, limited and reserved as an area for several limited uses including wildlife habitants and territories, wildlife photography and observation, and forest, meadow and wetland oriented activities. The area shall be free of all dwellings, buildings, and structures except for viewing platforms installed by the Declarant or the Association at the discretion of the Declarant or the Association as provided below. The purpose of these restrictions is to protect the natural and scenic resources and to promote the conservation of wetlands, wildlife, game, and migratory birds of and within the Nature Preserve. No signs or structures, either temporary or permanent, shall be erected or placed upon any lands designated on the DataiN sland Guidelines or the Master Plan for Dataw sland as a Nature Preserve other than viewing platform. The viewing 50 U0060

61 r,,. ~w ntn -j..l\...:.}~\ platforms must be necessary and appropriate to aid in implementing the stated purpose for which the Nature Preserve is established and shall not be higher than three (3) feet above the level of existing topography. development as follows: Additional Nature Preserves may be designated within the Dataw sland Any additional property designated as a Nature Preserve mayor may not be required to comply with all these covenants, conditions and restrictions as determined by the Association. The cost of all maintenance, care, and the construction of viewing platforms of the Nature Preserves shall be paid for as provided by Article X herein. Pursuant to its overall program of wildlife, conservation, and nature study, the right is expressly reserved to the Association to erect wildlife feeding stations, to plant patches of cover and food crops for quail, turkeys, and other wildlife, to make access trails or paths through said Nature Preserve to permit observation and study 'of the wildlife and to take such other steps as are reasonable, necessary, and proper to further the purposes of the Nature Preserve. The flora and fauna, general topography, landscape, and attractive scenic features of the Nature Preserve shall be continued in their present condition subject only to the changes authorized by this agreement. The Association shall have the right to plant trees. plants and shrubs. provide and insure adequate drainage ways, canals or lagoons, cut firebreaks and utilize and control burning to prevent build up of excessive ground fuel and underbrush which may contribute to damage from uncontrolled forest fires. No vehicles including. but not limited to, cars, trucks. vans, golf carts, motorcycles. bicycles. or boats shall drive onto or be parked upon or within the confines of the area designated as a Nature Preserve except for the maintenance. cleaning. and emergency services. There shall be no camping. picnicking, or similar outdoor activities permitted on the Nature Preserve. Owner(s) and their guests who use the Nature Preserve must remain strictly within the boundaries of the Nature Preserve and not trespass on any of the adjoining properties. With the exception of those rights contained in the paragraphs above, no disturbance or cutting of any vegetation or the foliage in the Nature Preserve shall be permitted. as the Nature Preserve. There shall be no littering or refuse dispose within the area designated

62 . ",. day. The Nature Preserve shall only be used between dawn and dusk each The Association and its employees, agents, or contractors may correct, prepare, repair, clean, preserve, clear out, or take any action on the restricted propertv as shall not be deemed a breach of these restrictions. The Nature Preserve will or has been conveyed by the Declaram to the Association pursuant to the provisions of Article and Article V, Section 8.01 hereof. ARTCLE X RULE MAKNG 12,01 Rules and Regulations. Subject to the provisions hereof, the Board of Directors may establish reasonable rules and regulations concerning the use of Lots, Dwellings, Multi-Family Areas, and the Common Areas and facilities located thereon. Copies of such rules and regulations and amendments thereto shall be furnished by the Association to all Owners prior to the effective date of such rules and regulations and amendments thereto. Such rules and regulations shall be binding upon the Owners, their families, tenants, guests, invitees, servants and agents, until and unless any such rule or regulation be specifically overruled, cancelled, or modified by the Board of Directors or in a regular or special meeting of the Association by the vote of the Owners, in person or by proxy, holding a majority of the total votes in the Association, provided that in the event of such vote, such action must also be approved by ALCOA SOUTH CAROLNA, NC., for so long as ALCOA SOUTH CAROLNA, NC. financially subsidizes the operation of the Association or The Dataw sland Club. ALCOA SOUTH CAROLNA, NC. rights under this subsection are not assignable except unto the Association Authority and Enforcenient. Subject to the provisions of Section hereof, upon the violation of this Declaration, the By-Laws, or any rules and regulations duly adopted hereunder, including, without limitation, the failure to timely pay any assessments or Recreational Charges, the Board shall have the power (i) to impose reasonable monetary fines which shall constitute an equitable charge and a continuing lien upon the Lot or Dwelling, the Owners, occupants, or guests of which are guilty of such violation, (ii) to suspend an Owner's right to vote in the Association, or (iii) to suspend an Owner's right (and the right of such Owner's family, guests, and tenants and of the co-owners of such Owner and their respective families, guests, and tenants) to use any of the Common Areas and Recreational Amenities, and the Board shall have the power to impose all or any combination of these sanctions. An Owner shall be subject to the foregoirig sanctions in the event of such a violation by

63 such Owner, his family, guests, or tenants or by his co-owners or the family, guests, or tenants of his co-owners. Any such suspension of rights may be for the duration of the infraction and for any additional period thereafter, not to exceed thirty (30) days Procedure. Except with respect to the failure to pay assessments or Recreational Charges, the Board shall not impose a fine, suspend voting rights, or infringe upon or suspend any other rights of an Owner or other occupant of the Development for violations of the Declaration, the By-Laws, or any rules and regulations of the Association, unless and until the following procedure is followed: (a) Written demand to cease and desist from an alleged violation shall be served upon the Owner responsible for such violation specifying: (i) The alleged violation: (ii) The action required to abate the violation; and liii) A time period of not less than ten (10) days during which the violation.may be abated without further sanction, if such violation is a continuing one, or if the violation is not a continuing one, a statement that any further violation of the same provision of this Declaration, the By-Laws, or of the rules and regulations of the Association may result in the imposition of sanctions after notice and hearing. fbi Within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same violation subsequently occurs, the Board may serve such Owner with written notice of a hearing to be held by the Board in executive session. The notice shall contain: (i) That nature of the alleged violation; ii) The time and place of the hearing, which time shall be not less than ten (10) days from the giving of the notice;

64 , 'ir '1,. (iii) (iv) An invitation to attend the hearing and produce any statement, evidence, and witnesses on his behalf; and The proposed sanction to be imposed. (c) The hearing shall be held in executive session of the Board of Directors pursuant to the notice and shall afford the alleged violator a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer, director, or other individual who delivered such notice. The notice requirement shall be deemed satisfied if an alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction imposed, if any. ARTCLE X GENERAL PROVSONS Amendments by Declarant. During any period in which Declarant retains the right to appoint and remove any directors and officers of the Association and up until the Turnover Date of October 1, 1996 as defined in the Turnover Agreement between ALCOA SOUTH CAROLNA, NC. and the Association, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Records of the Office of the Clerk of Court for Beaufort County, South Carolina, without the approval of any Owner or Mortgagee; provided,however, that, with the exception of the addition of any portion of the Additional Property to the terms of this Declaration, (i) in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of his Lot, Dwelling, Multi-Family Area, or the Common Areas as set forth in this Declaration or adversely affects the title to any Lot, Dwelling, or Multi-Family Area, such amendment shall be valid only upon the written consent thereto by a majority in number of the then existing Owners affected thereby, or (ii) in the event that such amendment would materially and adversely affect the security title and interest of any Mortgagee, such amendment shall be valid only upon the written consent thereto of all such Mortgagees so affected. Notwithstanding the foregoing to the contrary, the expiration or termination of the right of Declarant to appoint and remove any directors and officers of the Association shall not terminate Declarant's right to amend the Declaration for the purpose of submitting the Additional Property or any portion thereof to the provisions of this Declaration as provided in Section 2.02 hereof. Any amendment made pursuant to this Section shall be certified by Declarant as having been duly approved by Declarant, and by such Owners and Mortgagees if required, and shall be effective only upon

65 . recordation or at such later date as shall be specified in the amendment itself. Each Owner, by acceptance of a deed or other conveyance to a Lot or Dwelling, agrees to be bound by such amendments as are permitted by this Section and further agrees that, if requested to do so by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Development (A) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule, or regulation or any judicial determination which shall be in conflict therewith, (8) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots, Dwellings, or Multi-Family Areas subject to this Declaration, (C) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot, Dwelling, or other improvements subject to this Declaration, or (D) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure Mortgages on the Lots, Dwellings, or other improvements subject to this Declaration Amendments by Association. Amendments to this Declaration, other than those authorized by Section hereof, shall be proposed and adopted in the following manner: (a) Notice of the subject matter of the proposed amendment shall be included in the notice of the meeting of the Association at which such proposed amendment is to be considered and shall be delivered to each member of the Association. (b) At such meeting, a resolution adopting a proposed amendment may be proposed by either the Board of Directors or by members of the Association. Such amendment must be approved by Owners holding at least three-fourths (3/4) of the total votes cast at the meeting; provided, however, (i) that any amendment which materially and adversely affects the security title and interest of any Mortgagee must be approved by such Mortgagee, and (ii) during any period in which ALCOA SOUTH CAROLNA, NC. owns a Lot or Dwelling primarily for the purpose of sale or has the unexpired option under this Declaration to add the Additional Property or any portion thereof to the Development, such amendment must be approved by ALCOA SOUTH CAROLNA, NC. ALCOA SOUTH CAROLNA, NC.'s rights under this subsection are not assignable except to the Association. (cl The agreement of the required percentage of the Owners and, where required, ALCOA SOUTH CAROLNA, NC., to any amendment of this Declaration shall be evidenced by their execution of such amendment, or, in the alternative, the sworn statement of the President of the Association attached to or incorporated in the

66 amendment executed by the Association, which sworn statement shall s;ate unequivocally that the agreement of the required parties was lawfully obtai:led.. ':"ny such amendment of this Declaration shall become effective only when recorded o' at such later date as may be specified in the amendment itself Enforcement. Each Owner,shall comply strictly with the By-Laws and the published rules and regulations of the Association adopted pursuan: to this Declaration, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed or other instrument of conveyance to his Lot or Dwelling, if any. Failure to comply with any of the same shall be grounds for imposing fines, for suspending voting rights or rights of use in and to the Recreational Amenities, or for instituting an action to recover sums due, for damages, and/or for injunctive relief, such actions to be maintainable by Declarant, the Board of Directors on behalf of the Association, or, in a proper case, by an aggrieved Owner. Should Declarant or the Association employ legal counsel to enforce any of the foregoing, all costs incurred in such enforcement, including court costs and reasonable attorneys fees, shall be paid by the violating Owner. nasmuch as the enforcement of the provisions of this Declaration, the By Laws, and the rules and regulations of the Association are essential for the effectuation of the general plan of development contemplated hereby and for the protection of present and future Owners, it is hereby declared that any breach thereof may not adequately be compensated by recovery of damages, and that Declarant, the Association, or any aggrieved Owner, in addition to all other remedies, may require and shall be entitled to the remedy of injunction to restrain any such violation or breach or any threatened violation or breach. No delay, failure, or omission on the part of Declarant, the Association, or any aggrieved Owner in exercising any right, power, or remedy herein provided Shall be construed as an acquiescence thereto nor shall be deemed a waiver of the right to enforce such right, power, or remedy thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against Declarant or the Association for or on account of any failure to bring any action on account of any violation or breach, or threatened violation or breach, by any person, of the provisions of this Declaration, the By Laws, or any rules and regulations of the Association, however long continued. 13,04 Duration. The provisions of this Declaration shall run with and bind title to the Property, shall be binding upon and inure to the benefit of all Owners and Mortgage'es and their respective heirs, executors, legal representatives, successors, and assigns, and shall be and remain in effect for a period of thirty (30) years from and after the date of the recording of this Declaration, provided that rights and easements which are stated herein to have a longer duration shall have such longer duration. Upon the expiration of said thirty (30) year period, this Declaration shall be automatically renewed for successive ten (10) year periods. The number of ten (10)

67 year renewal periods shall be unlimited with this Declaration being automatically renewed and extended upon the expiration of each ten (10) year renewal period for an additional ten (10) year period; provided, however, that there shall be no renewal or extension of this DeclaFation, if, during the last year of an initial thirty (30) year period or the last year of any ten (10) year renewal period, seventy-five (75%) percent of the total votes of the Association are cast in favor of terminating this Declaration at the end of the then current term. n the event that the Association votes to terminate this Declaration, an instrument evidencing such termination shall be filed of record in the Records of the Clerk of Court for Beaufort County, South Carolina, such instrument to contain a certificate wherein the President of the Association swears that such termination was duly adopted by the requisite number of votes. Every purchaser or grantee of any interest in any Property, by acceptance of a deed or other conveyance therefore, thereby agrees that the provisions of this Declaration shall run with and bind title to the Property as provided hereby Perpetuities. f any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provision shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Mrs. Rose Fitzgerald Kennedy, mother of U.S. Senator Edward Kennedy nterpretation. n all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which, in the opinion of Declarant or the Board of Directors, will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective. The provisions of this Declaration shall be given full force and effect notwithstanding the existence of any zoning ordinance or building codes which are less restrictive. The effective date of this Declaration shall be the date of its filing for record on the Records of the Clerk of Court for Beaufort County, South Carolina. The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. This Dec.laration shall be construed under and in accordance with the laws of the State of South Carolina Gender and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or other entities or to individuals, men or women, shall in al\ cases be assumed as though in each case full\' expressed Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any 57 i n ~-;\:). -- \. --" ~ '7

68 , : \ ~:, provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which Can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable Rights of Third Parties. This Declaration shall be recorded for the benefit of Declarant, the Owners, and their Mortgagees as herein provided, and by such recording, no adjoining property owner or third party shall have any right, title or interest whatsoever in the Development, except as provided herein, or in the operation or continuation thereof or in the enforcement of any of the provisions hereof, and, subject to the rights of Declarant and Mortgagees as herein provided, the Owners shall have the right to extend, modify, amend, or otherwise change the provisions of this Declaration without the consent, permission, or approval of any adjoining owner or third party Notice of Sale, Lease, or Mortgage. n the event an Owner sells, leases, mortgages, or otherwise disposes of any Lot or Dwelling, the Owner must promptly furnish to the Association in writing the name and address of such purchaser, lessee, mortgagee, or transferee No Trespass. Whenever the Association, Declarant, the Architectural Review Board, and their respective successors, assigns, agents, or employees are permitted by this Declaration to enter upon or correct, repair, clean, maintain, preserve, or do any other action within any portion of the Development, the entering thereon and the taking of such action shall not deem to be trespass Notices. Notices required hereunder shall be. in writing and shall be delivered by hand or sent by United States Mail, postage pre-paid. All notices to Owners shall be delivered or sent to such addresses as have been designated in writing to the Association, or if no address has been so designated, at the addresses of such Owners' respective Lots or Dwellings. All notices to the Association shall be delivered or sent in care of the Association's main office on Dataw sland, South Carolina, or to such other address as the Association may from time to time notify the Owners. All notices to Declarant shall be delivered or sent to Declarant's main office in Beaufort, South Carolina, or on Dataw sland, South Carolina, or to such other address as Declarant may from time to time notify the Association. Notices to Mortgagees shall be delivered or sent to such addresses as such Mortgagees specify in writing to the Association

69 N WTNESS WHEREOF, duly authorized officers of the undersigned Declarant have executed this Declaration on the day and date first above written. DECLARANT: ALCOA SOUTH CAROLNA, NC. By: ~ / \. -.>~-.,-:.... f l J (. c"c' l... _. _-_ l...' v tl Title: Pre~lident / \. ; --'-" ' Attest: -< /Y,:--u, (... ~j ("), / (.:)<.:..... (f~. " Title: Assistant Secretary! The Board of Directors of the Dataw sland Owners' Association, nc. hereby ratifies this Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Dataw sland. DATAW SLAND OWNERS' ASSOCATON, NC. By: Title: President /...., -, (, ::70.'", 7,_.:.. '.. cer',-' /;,'~ c Attest:.'.' i ;.,.- Title: Secretary

70 STATE OF SOUTH CAROLNA, l (.» '.',-.~ COUN,TY OF BEAUFORT PERSONALLY appeared before me the undersigned witness who, on oath, says that (s)he saw the within named ALCOA SDUTH CAROLNA, NC., by its President and its Assistant Secretary, sign, seal, and as its act and deed deliver the within written Agreement and that (s)he with the other witness whose signature appears above witnessed the execution thereof. SWO~Jtf0 and su~ed before me this _1-_, day of ()&;&-, Notary R.tbiic for South Carolina My Commissi'Jn Expires: 4-2.;. ~,;.> F:\DAT A\CORP\COV-OAT

71 2097 AMENDMENT NO. 1 TO AMENDED AND RESTATED DECLARATON OF COVENANTS. CONDnONS AND RESTRCTONS FOR DATAW SLAND This Amendment No.1 to Amended and Restated Declaration of Covenants. Conditions and Restrictions for Dataw sland is made, as of the 17th day of February, 1998, by the Dataw sland Owners Association, nc. (DOA), a not-for-profit association organized and existing under the laws of the State of South Carolina. WT N E SSE T H WHEREAS, Alcoa South Carolina, nc. (ASC), a Delaware corporation authorized to do business in South Carolina, established and adopted a Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, dated June 15, 1984 (Declaration), and caused said Declaration to b"e duly indexed and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 397 at Pages 1 through 64, inclusive; and WHEREAS, beginning on or about September 19, 1984, ASC executed, and thereafter duly indexed and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in various Deed Books, a total of twelve (12) amendments to the Declaration; and WHEREAS, ASC executed and DOA ratified, by action of its Board of Directors, an Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw "sland, made as of the first day of October 1996 (Amended Declaration), and thereafter duly indexed and recorded the said Amended Declaration in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 892 at Pages 1038 throgh 1102, inclusive; and WHEREAS, the requi red aff i rmat i ve vote for the adoption of this Amendment No.1 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw lsland by the members of DOA was obtained at the duly noticed Annual Meeting held February 17, 1998, at which a quorum was present in person or by proxy, all pursuant to the provisions of Section Amendments by Association of Article X General Provisions of the Amended Declaration. NOW, THEREFORE, this Amendment Restated Declaration of Covenants, Restrictions for Dataw sland shall read No.1 to Amended and Conditions and as follows: 00071

72 Subsection (d) of Section 3.03 Recreational Amenities, Common Areas and Marina of Article Property Rights of the Amended Declaration is hereby deleted in its entirety and the following is substituted therefor: (d) At any time o!fny Person,. who shall own fee simple ownership in the Narina (for the purposes of this Section 3.03(d) - "Narina Owner"), shall have entered into bono!f fide negotiations with a potential purchaser as to the purchase of the Narina, Narina Owner shall (i) disclose to Association the name of the potential purchaser, (ii) forward to Association a letter disclosing the negotiated purchase price, the terms, conditions and contingencies of the potential sale, (iii) offer to Association the right to purchase the Narina at the negotiated purchase price and on the terms, conditions and contingencies as disclosed in (ii) above, and (iv) furnish to the to the Board of Directors of Association,. sub.iect to a confidentiality agreement, such financial and operating information relating to the Narina as Narina Owner shall have furnished to the potential purchaser. Association shall have sixty (60) days from (iii) above, or such other term as may be agreed upon in writing by both Narina Owner and Association, to accept or re.iect the offer of Narina Owner. f the aforementioned is not accepted within sixty (60) days or such other term as may be agreed upon in writing by both Narina, Owner and Asssociation, or Association waives its right to purchase, Narina Owner does not have to reoffer the sale of the Narina to Association, and Narina Owner can at any time thereafter sell the Narina to any Person said Narina Owner desires at or above the negotiated purchase price and on the same or more restrictive terms, conditions and contingencies of sale as disclosed in (ii) above. Narina Owner agrees that,. if the aformentioned sixty (60) day period,. or such other term as may have been agreed upon in writing by both Association and Narina Owner, shall 'have expired or Association has waived its right to purchase, and the sale contemplated in (i i) above is not consumma ted, Narina Owner wi 11 notify Association in writing of Narina Owner's bona fide negotiations with a different potential purchaser

73 All other provisions of the Amended Declaration shall remain in full force and effect. N WTNESS WHEREOF, this Amendment No.1 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland is, pursuant to the provisions of Section Amendments by Association of Article X General Provisions, executed as of the day, month and year first above written. DATAW SLAND OWNERS ASSOCATON, NC. BY: f~?(. AkS TS: r'1js ',J eo' T ATTEST: m... ~ (,6.~~""<'~'- TS~a<:~ Z; APPROVED BY: ALCOA SOUTH CAROLNA, NC

74 2100 STATE OF SOUTH CAROLNA COUNTY OF BEAUFORT Before me, the undersigned witness personally appeared and, on oath, says that he/she and the other witness, whose signature appears thereon, witnessed the execution of Amendment No. 1 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland on behalf of the Dataw sland Owners Association, nc., by its President and its Secretary, and that, by such execution, the Dataw sland Owners Association, nc., did sign, seal and, as its act and deed, deliver the said Amendment No. 1 to Amended and Retated Declaration of Covenants, Conditions and Restrictions for Dataw sland. Sworn and subscribed before me ~~'1998 Notary Public for South Carolina My Commission Expires: ~ ~ MS:> STATE OF SOUTH CAROLNA ) COUNTY OF BEAUFORT ) Before me, th~ undersigned witness personally appeared and, on oath, says that he/she and the other witness, whose signature appears thereon, witnessed the execution of Amendment No. 1 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland on behalf of Alcoa South Carolina.. nc., by its --tf\.. ~~ and its \)ij;...~, and that, by such execut ion, Alcoa South Carol ina, nc., did sign, seal and, as its act and deed, deliver the approval of the said Amendment No. 1 to Amended and Retated Declaration of Covenants, Conditions and Restrictions for Dataw sland, as required by Section 13.03(b) of the said Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland. subscribed before. me this~.oay ~:y, 1998 sworlqa~ (11;/~ ~/)L Notary Public for South Carolina My Commi~sion Expires: Q9Cf-/J6-J,l?' U0074

75 , 62.. ".0 \.0 ~~...fl Y U'o lf3 STATE OF SOUTH CAROLNA \! ) ) ) ) ) ) AMENDMENT NUMBER 2 TO AMENDED AND RESTATED DECLARATON OF COVENANTS, CONDmONS, RESTRCTONS AND EASEMENTS FOR DATAW SLAND WHEREAS, by Declaration of Covenants. Conditions, Restrictions and Easements for Dataw sland dated June S, 1984, and duly indexed and recorded in the Office of the Register of Mesne Conveyances for Beaufort County, South Carolina in Deed Book 397 at Page through 64, inclusive, ALCOA sourn CAROLNA, NC., a Delaware ColpOration, created.and established a certain Dec_on of Covenants. Conditions, Restrictions and Easements for Dataw sland, Beaufort County,South Carolina (hereinafter sometimes referredto as "Decarationj for that cenain propertydescndedinpiatbook32atpage74,asrevisedlamwyl,1985,andrecordedinpiatbook 32 at Page 223, and the Sdditional property descnded in Plat Book 30 at Page 40, Plat Book 30 at. Page SO, and Plat Book 30 at Page 54, as may by. subsequent amendment be subject to the afomnentioned Declaration; and WHEREAS, on or about September 19, 1984, ALCOA soum CAROLNA, Nc.. a Delaware ColpOtlltion, executed and recorded as declarant and as owner of all lots. dwellings, and multi-fiunilyareas locatedondataw sand,beaufortcounty, South CaroiDa, its First Amendment to the Declaration of Covenants. Conditions, Restrictions and Easements for Dataw!sla"", South Carolina, said document duly inde:xed and recorded in the office of the ~ ef Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 403 at Page 1296; W1EREAS, On or about Fcbruaty 26, 1985, ALCOA soum CAROLNA, NC., a. Dc~ Corporation, executed and recorded as declarant and as owner of certain lots. dwellings, and multi-fiunily areas located on Dataw sland, Beaufort County, South Carolina, its Second Amendmeat to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 414 at Page 43; WHEREAS, on orabout August 19, 1985, ALCOA SOUlllCAROLNA, NC., a Delaware Corporation, executed and recorded as declarant and as owner of certlin lots. dwe1lings, and multifamily areas located on Dataw sland, Beaufort County, South Carolina, its Third Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 427 at Page 1589; WHEREAS, on or about December 6, 1985, ALCOA SOUTH CAROLrNA, NC., a Delaware Corporation, executed and recorded as declarant and as owner of certain lots, dwellings, and multi-family areas located on Data,," sland, Beaufort County, South Carolina, its Fourth

76 " Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 436 at Page 1143; WHEREAs, on or about June 9, 1988, ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, executed and recorded as declarant and as owner of certain lots, dwellings. and multifamily areas located on Dataw sland, Beaufort County, South Carolina, its Fifth Amendmeat to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the R.cgistc:r of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 503 at Page 1556;. W11ERE4S, on or about June 21, 1988, ALCOA SOUTH CAROLNA, NC.. a Delaware Coipcnation, executcc:l and recorded as declarant and' as owner of certain lots, dwellinr;;, and multifbmijy areas located on Dataw sland, Beaufort County, South Carolina, its SWh Amendmeat to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw Wand, South Carolina, said document duly indcxcdand rccon1ccf in the office of the Rcgista- of Mesne Conveyances for Beaufort County, South Carolina, in Deed Boole 504 at Page 159; WEREAS, on or about April 30; 1990, A OA SOUlH CAROLNA, NC.. adelawarc Corporation, executed add recorded as declarant and as owner of certain lots, dwellings, add multifamily areas located on Dataw sland, Beaufort County, South Carolina, its Seventh Amendment to the Dccamtion ofcovellants, Conditions, Restrictions add Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the Rcgista- of Mesne Conveyances for Beaufort County, South CaroiDa, in Deed Book $52 at Page 417;. W1lE1l 4S, on or aboutll1du11l)' 8, 1991, A OA sourn CAROLNA, Nc., adclawaze Cotpomtion, C'DCUtcd and recorded as dccamnt RD!d as CJWl«of certain lots, clv,dlings, ml multifimily areas located on Dataw uland, Bcatifurt County, South Carolina, its Eighth Amc::ndmeut to the Declaration of Covenams, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said doolldent duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 568 at Page 807; WHEREAS, on or about lanwuy, 1992, AJ:X)A sourn CAROLNA, NC.. a Delaware Corporation, executcc:l and recorded as declarant and as owner of certain lots, dwellings, add multifamily areas located on Dataw sland, Beaufort County, South Carolina, its Ninth Amendmeut to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South :Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 590 at Page 1483; WHEREAS, on or about December 8, 1992, ALCOA SOUTH CAROLNA, NC., a Delaware Corporation, executed and recorded as declarant and as owner of certain lots, dwellings. and multi-family areas located on Dataw sland. Beaufort County, South Carolina. its Tenth Amendment to the Declaration of Covenants. Conditions, Restrictions and Easements for Dataw

77 sland, South Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 613 at Page 2360; WHEREAS, on or about August 12, 1993, ALCOA SOU1H CAROLNA, NC., a Delaware Corporation, executed and recorded as declarant and as owner of certain lots, dwellings, and multifamily areas located on Dataw sland, Beaufort County, South Carolina, its Eleventh Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, South Carolina, said document duly indexed and recorded in the office of the Register of Mesne Conveyances for Beaufort County, South Carolina, in Deed Book 644 at Page 1656; WHEREAS, on or about Febrwuy 17, 1998, the DATAVt SLAND OWNERS ASSOCATON, a South Carolina not-for-profit association, executed and recorded AMENDMENT NO.1 to Amended and Restated Declaration of Covenants, Conditions and Restric:tiODs for Dataw sland, said document duly indexed and recorded in the Office of Deeds for Beaufort County, South Carolina in Deed Book 1016 at Page 2097; w.eere.4s, ArticleX, Section of the Dcclarationprovides for the procedure for tile Dec8nmt to add Additional Property to be subject to the hereinabove described Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland; WEREAS, ALCOA SOUlH CAROLNA, NC. desires, pursuant to Article X, Section of tile Declaration, to add Additional Property to the Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland. NOW, THEREFORE.KNO"Y ALL MEN BY 7"BJ!SEPlESENTSthatALCOA SOUlH CAROLNA, Nc.. a Delawm:. Coxpomtion, as Declarant to the Declaration of Covenants, Condi1ions, Rl:strictions 8Dd FMments ciated 1une S, 1984, for Da1aw sland, and as the owner" of certain of the lots, dwellingsandmulti-familyareas on Datawsand, hercby amends the Declaration as follows: L The Declaration of Covenants, Conditions, RestrictioDS and Easements for Dataw sland dated 1une S, 1984, is amended pursuant to Article X, Section 13.02, as follows: A. Pursuant to Section 2.02 of Article entitled Plan ofdeyelo.pment of Additional Pmpet1y of the DCclaration, as amended as hereinabove set forth, the Dec1arantsUbmits the following as additional property to-wit:. ALL that certain pieces, parcels or tracks of land, situate lying and being contiguous to Dataw sland, Beaufort County, South Carolina containing acres, 0.38 acres, 2.98 acres and 0.48 acres, with said tracts more specifically shown and described on a plat duly indexed and recorded at the Office of Register of Deeds for Beaufort County, South Carolina in Plat Book 30 at Page

78 N WTNESS WHEREOF, duly authorized officers of the undersigned Declarant have executed this Declaration under seal this~ day of December, By: ts: STAmOFSOUTHC4ROUNA COUNTYOF BEAUFORT ) ) ). PROBA.m '. PERSONALLYappearedbefo~metheundersignedwitnesswhoonoathsaysthatslheWas the within named ALCOA SOUTH CAROLNA, NC. by Philip R. Leroy, and attested by Charlie c::. Byers, Sign, seal and as its act and deed dellverthe within written Amendment, and thatslhe, with the second witness whose signature appears above, witnessed the execution thereof. ~,,~ 2,9,'0> Q,~. fore me this ~ ~:=>

79 AMENDMENT NO.3 TO AMENDED AND RESTATED DECLARATON OF COVENANTS, CONDTONS AND RESTRCTONS FOR DATAW SLAND ljrnmnmlmlnmmllll1'1lnmmunmrmljll Beaufort County ROD DATE: :06:16 PM ALE NUM BOOK/PAGE This Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland is made, as of the day of February, 2001, by the Dataw sland Owners' Association, nc. (DOA), a not-for-profit association organized and existing under the laws of the State of South Carolina. WTNESSETH WHEREAS, Alcoa South Carolina, nc. (ASC), a Delaware corporation authorized to do business in South Carolina, established and adopted a Declaration of Covenants, Conditions, Restrictions and Easements for Dataw sland, dated June 15, 1984 (Declaration), and caused said Declaration to be duly indext:d and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 397 at Pages 1 through 64, inclusive; and WHEREAS, beginning on or about September 19, 1984, ASC executed, and thereafter duly indexed and recorded in the Office ofthe Clerk of Court for Beaufort County, South Carolina, in various Deed Books, a total of twelve (12) amendments to the Declaration; and WHEREAS, ASC executed and DOA ratified, by action of its Board of Directors, an Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland, made as of the first day of October, 1996 (Anlended Declaration), and thereafter duly indexed and recorded and the Amended Declaration in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 892 at Pages 1038 through 1102, inclusive; and WHEREAS, the required affirmative vote for the adoption of this Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland by the members ofdoa was obtained at the duly noticed Annual Meeting held February 20, 2001, at which a quorum was present in person or by proxy, all pursuantto the provisions of Section Amendments by Association of Article X General Provisions of the Amended Declaration. NOW, THEREFORE, this Amendment 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland shall read as follows: 1. The title of Section 4.01 shall be changed todatawsland OWNERS' ASSOCATON, NC. MEMBERSHP (the body of the Section shall remain unchanged). 2. The following Section 4.02 shall be added: DATAW SLAND CLUB MEMBERSHP. Every Person who becomes an Owner of a Lot or Dwelling after May 31, 200 shall thereupon be required to be and shall automatically become at least a Social Member ofthe Dataw sland Club, nc. ("Club") for so long as such Person continues to be an Owner of such Lot or 00079

80 OR BK PAGE 0454 Dwelling, with all of the rights, privileges and obligations of Social Membership as from time to time set forth in the By-Laws of the Club. The applicable Social Membership nitiation Fee shall be payable by such Owner at the closing of the conveyance to the Owner of the Lot or Dwelling, and such payment shall be a condition precedent to delivery of a deed or other form of conveyance. n the event of multiple ownership of a Lot or Dwelling pursuant to Section hereof, or in the event that a Lot or Dwelling is owned by a partnership or corporation, only one Owner with respect to any such Lot or Dwelling shall be a Social Member of the Club, any such determination to be made in accordance with the By-Laws of the Club as from time to time constituted. This Section 4.02 shall not apply to any commercial builders or developers that purchase multiple home sites intending to build on said home sites for resale to private individuals. During such time when an Owner of more than one Lot or Dwelling is at least a Social Member of the Club, such Owner shall be deemed to be in compliance with the provisions of this Section 4.02 with respect to all Lots or Dwellings owned by such Owner. During such time when an Owner is a Golf, Sport or Social Member ofthe Club, such Owner shall be deemed to be in compliance with any obligation hereunder requiring such Owner to be at least a Social Member of the Club. The provisions of this Section 4.02 shall run with the title of and be appurtenant to all Lots and Dwellings transferred or otherwise conveyed after May 31, 2001, and shall be binding upon and inure to the benefit of all Owners of such Lots and Dwellings and their respective heirs, executors, legal representatives, successors and assigns. Each Owner, by acceptance of a deed or other conveyance of a Lot or Dwelling after May 31, 2001, consents and agrees to the obligation of automatically being at least a Social Member of the Club. 3. All other sections of this Amended Declaration not herein specifically amended shall be automatically amended to conform with the spirit and intent of this Amendment Number Three to this Declaration. effect. 4. All other provisions of the Amended Declaration shall remain in full force and N.WTNESS WHEREOF, this Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland is, pursuant to the provisions of Section Amendments by Association of Article xm General Provisions, executed as of the day, month and year first above written

81 , < WTNESSES: DATA W SLAND OWNERS' - ASSOCATON, NC. By:?%~~~/~.~~~~~~~~~~ ts: President APPROVED BY:, NC. By: ~: Vice P esident r>n Qr:O Attest: \..~_ ~'-~~-1-G-o--= ~: Vice President ~ 00081

82 ,., STATE OF SOUTH CAROLNA ) COUNTY OF BEAUFORT ) Before me, the undersigned witness personally appeared and, on oath, says that he/she and the other witness, whose signature appears thereon, witnessed the execution of Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland on behalf of the Dataw sland Owners' Association, nc., by its Vice President and its Secretary, and that, by such execution, the Dataw sland Owners' Association, nc., did sign, seal and, as its act and deed, deliver the said Amendment No.3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland. Sworn and subscribed before me this Ct"--dayof, 2001 Notary Pu My Commission Expires: _-'--_~-="--_ STATE OF SOUTH CAROLNA) COUNTY OF BEAUFORT ) Before me, the undersigned witness personally appeared and, on oath, says that he/she and the other witness, whose signature appears thereon, witnessed the execution of Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland on behalf of Alcoa South Carolina, nc., by its Vice President and its Vice President, and that, by such execution, Alcoa South Carolina, nc., did sign, seal and, as its act and deed, deliver the approval of the said Amendment No. 3 to Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland, as required by Section of the said Amended and Restated Declaration of Covenants, Conditions and Restrictions for Dataw sland. Sworn and subscribed before me this / T""day of,

83 DATA W SLAND DESGN GUDELNES JUNE 1,2001 DATA W SLAND ARCHTECTURAL REVEW BOARD J ' OOrS3 DATA W SLAND DESGN GUDELNES JUNE 1,2001 DATA W SLAND ARCHTECTURAL REVEW BOARD J ' OOrS3

84 Dataw sland Design Guidelines June 1,2001 Dataw sland Architectural Review Board Dataw sland Design Guidelines June 1,2001 Dataw sland Architectural Review Board

85 1 TABLE OF CONTENTS. BACKGROUND AND NTENT Background and general illformation... 2 Community concept and 'master plan Purpose of guidelines..., REVEW AND APPROVAL PROCESS Architectural Review Board... 7 i How to proceed...,... 8 Preliminary review... ' Acceptance review..., Abbreviated review... ~ Changes afterfinal approval DESGN REQUREMENTS The natural environment Site design..., Single family home design Tables: General require,ments for home design Dock design ' ! Variances and appeals., ' 00085

86 TABLE OF CONTENTS, CONTNUED V. CONSTRUCTON REQUREMENTS Before construction... " During construction..., After construction... ; v. APPENDCES A. Sign specifications and details B. Special condo to the Design Guidelines for Big Dataw Point C. Special condo to the Design Guidelines for Chicora Point D. Special condo to the Design Guidelines for Curisha Point E. Special condo to the De~ign Guidelines for North Boone Road... 58, F. Special condo to the DeSign Guidelines for Palmetto Point G. Special condo to the Design Guidelines for Pee Dee Point H. Special condo to the Design Guidelines for The Point Special condo to the Design Guidelines for Reeves Point J. Special condo to the Desi~n Guidelines for Sparrow Nest Point.. 63 K. Special condo to the Design Guidelines for Cochrane's Court on Rowland Drive... ~ L. Special condo to the Design Guidelines for certain lots on the Eastern side of Locust Fence Road and the Northern side of Rowland Drive... ~ V. NDEX... :

87 , Background and ntent,, Pagcl,.,,' 00087, Background and ntent,, Pagcl,.,,' 00087

88 BACKGROUND AND GENERAL, NFORMA non Dataw sland is located in the coastal region of the South Carolina Lowcountry six miles east of Beaufort, South Carolina, and approximately halfway between Charleston, South Carolina, and Savannah, Georgia. Situated on a number of sea islands, the development derives its name from the largest of these, Dataw, the name of a legendary ndian chief of awesome powers. One reaches the island from Beaufort via state Highway 21 by turning left at the intersection of Polawana sland Road (7S-602), and traveling approximately one mile to the main entrance to Dataw sland. Dataw sland's uniqueness lies in its cqnvenient proximity to historic Beaufort, strategic location as part of the sea islands of the Carolina Lowcountry, wide variety of natural features, colorful historic heritage and informal lifestyle, accommodated by many active and passive amenities. Residential homesit~s overlook thousands of acres encompassing tidal marsh and the deep waters of Morgan River and Jenkins Creek, as well as the undulating fairways of two golf courses which weave through and around the residential areas. Dataw's 870 acres of high land, ranging from 7.5' to 22.5' above mean sea level, are about 85% covered by an oak-pine-palmetto maritime forest dominated by large live oak, laurel oak and pine. Although the island was fully unqer cultivation in the 18th and 19th centuries, most is now reforested with mature vegetation, though pockets of the island remained in cultivation as recently as Magnificent tidal salt marshes, where vistas are measured in miles, flourish along the protected edges of the entire island. The view of ~road expanses of salt marsh constitutes one of the most dominant natural characteristics,of Dataw sland. These marshes are teeming, productive ecosystems where plankton and invertebrate species develop and go on to provide food for the fish and shell fish common in the Lowcountry and along the coast. Page 2

89 COMMUNTY CONCEPT AND MASTER PLAN Dataw sland is a private residential community with a superb array of amenities for its residents. The sland was select~d for development because of its exceptional natural beauty and its proximity to and relation~hip with the larger community of Beaufort. This concept of a community within a community affords many choices of services, cultural exchanges and economic opportunities, as well as opportunities for entertainment and enrichment. Even within the security gates and tidal boundaries of Dataw sland many choices exist. There is plenty of room for residents to live as they please and enjoy a lifestyle that includes a variety of active and passive recreational \md social opportunities. The community's principal center:of activity is the Dataw sland Clubhouse Complex, which features dining, golf, swimming, tennis, and ample facilities for social gatherings. Golf facilities include 36 holes of g6lf, a driving range, a putting green, and a fully stocked pro shop. Tennis facilities include eigqt Har-tru tennis courts, a tennis pavilion with a pro shop and restrooms, and individual court players' rest stations. Seating is available for spectators who enjoy watching championship play, and several courts are lit for night play. Swimming facilities include a five-lane equivalent AAU regulation pool, a toddlers' pool, spacious sunning decks and terraces,: separate men and women's bathhouses, and a concession area. The entire tennis and swi1llming section have shaded seating areas for passive observation. A well-equipped fitness center is available for use also. Plans have been approved for the ren'ovation of the Clubhouse, and the construction of a new Community Center, which will house anew Fitness Center, heated pool, and meeting rooms, with groundbreaking set for ', Within walking distance of the Clubhouse, the tabby ruins of the Sams' family plantation buildings link the present with the ~land's historic past. Ruins of the mansion, courtyard walls, kitchen house, dairy, blade h9use, servants' quarters, family chapel, and cemetery remam. Vegetable, herb, and flower growing plots are available for resident use, and along with an old-fashioned grape arbor and a small orchard of traditional fruit trees, are located beside the Ruins. The Cannery, which is located hext to the growing plots, currently houses a residentoperated library and book exchange, and is the setting for monthly concerts. A portion of the garden's tool shed has been converted for use by hobbyists who specialize in woodworking activities. A privately owned marina is located ':on the Morgan River for boating enthusiasts, and includes both wet and dry boat storage: facilities. Page 3.. ' 00089

90 The nature lover in everyone will enjoy paths with overlooks to observe the flora and fauna, as well as occasional spots for crabbing, salt water fishing, shrimping or just sitting and pondering. n addition, island lakes ate stocked with fish for fresh water fishing., Recreational amenities are connected 'to residential areas by a network of paved paths for pedestrian, bike and cart use. This system provides a safe and comfortable separation of traffic. All homesites have excellent panoram~c views of either the golf courses, fresh water lakes, marsh, deep salt water, natural wooded areas, or any combination of these. The view from each homesite has been protected by resourceful master planning so as to prevent any residential property line from backing :onto an adjoining property line., All utilities are preplanned and enginerred with state of the art technology to support the growth and development of Dataw and to accommodate the potential of future changing technology. All utilities are placed unde~ground so as not to intrude on Dataw sland's natural beauty., Water service is provided by the Beaufqrt-Jasper Water and Sewer Authority, and they also provide wastewater collection for the sland from their regional plant on St. Helena sland. i Surface grading directs all storm water nm off into a system of underground flow pipes and surface retention lakes. The outfall from the sland occurs only at predesignated points and at controlled flow rates. All storm water is filtered before it leaves the island. Dataw sland roads are designed and engineered to allow for smooth traffic flow. The road systems are sized and speed limits set to accommodate the varying densities and safety of anticipated user traffic. The development of Dataw sland was subject to the utmost degree of planning and analysis. This, along with the felicitous combination of sea island beauty, creative master planning and wide choice of natural and man-made amenities coming together in one location, makes Dataw sland an attractive community for people looking for a new lifestyle with comfort and superior quality of life. ', Page

91 PURPOSE OF GUDELNES Alcoa South Carolina, nc., the, developer of Dataw sland, in the Declaration of Covenants, Conditions, and Restrictions, p~ovided for the application of the same planning and design concepts used in infrastructure development to the development of homesites and dwellings. This was accomplished by establishing" Architectural Standards and Use Restrictions" in the Covenants, and by creating the Architectural Review Board. The" Architectural Standards and Use Restrictions" help to preserve the natural sening and beauty of the community, establish and preserve a harmo.nious and aesthetically pleasing design, and protect and promote the value of the development, homesites, dwellings, multi-family areas, and all associated improvements.. The sland amenities and common areas were turned over to the property owners by the developer in 1996, and since that 'time the Dataw sland Owners' Association has continued to promote the same goals as originally set forth in the Covenants regarding architectural standards, and is particularly sen~itive to protecting property values. These standards and restrictions: are augmented by the Dataw sland Design Guidelines contained here. These guidelines are intended to establish design parameters, encourage creative design commensurate with the quality established in the development of the Dataw sland Land Use Plan and create a'.uniform review and approval process. The Dataw sland Design Guidelines are incorporated into the Declaration of Covenants, Conditions and Restrictions by specific reference and therefore are a part thereof. The Architectural Review Board (ARB) is the entity that admi.nisters the" Architectural Standards and Use Restrictions" and the Dataw sland Design Guidelines., All guidelines are continually subject to review and amendment by the ARB to address planning and design issues arising subsequently to the creation of this document, to bener ensure that design quality is maintained at the appropriate standard, to increase the level of equity in the review and approval process, and to simplify administration., Copies of this publication may be 1urchased from the Dataw sland Accounting Office. PageS u 0009i

92 P~e6,,,... 00(:9'2 P~e6,,,... 00(:9'2

93 o Review and Approval Process o Review and Approval Process

94 ARCHTECTURAL REVEW BOARD (ARB) Makeup The Architectural Review Board will consist of up to five, but not less than three, members appointed by the Board of Directors of the Dataw sland Owners Association, subject to specific conditions of the vali~ and current Declaration o/covenants, Conditions and Restrictions. The regular term of office for each member will be one year, coinciding with the fiscal year of the Association. Any member appointed to the Architectural Review Board may be removed with or without cause by the Board of Directors of the DOA at any time by written notice to the appointee, and a kuccessor or successors appointed to fill such vacancy will serve the remainder of the term of the former member. The Architectural Review Board may retain consulting architects, landscape architects, planners, engineers, inspectors, atto~eys, and! or others to assist and advise in the performance of its functions. ' Purview No improvements of any size or nature whatsoever will be constructed, altered, added to or maintained upon any part Of the development, except as provided for in Section of the Declaration o/covenants, Conditions and Restrictions, without the official written consent of the Architectural Review Bbard. Many different levels of contact with the Architectural Review Board to discuss projects of all scopes are expected. To handle all contacts and projects in the way they merit, several different procedures were created. To determine the procedure to follow, see next section, "How to Proceed." ' Meeting Schedule At least once each month, and additionally, upon call of the Architectural Review Board Chairman, meetings will be held on Dataw sland at a time and location to be determined by the Architectural Review Board's Administrator. A current submission deadline and meeting schedule is available from the Administrator. Page

95 HOW TO PROCEED The review processes are structuted to provide the greatest ease possible in obtaining approvals, yet accomplish the objectives and purposes of the Architectural Review Board. The materials and information requested are necessary to make informed intelligent decisions and must be submitted in full before a project will be reviewed. All subminals will be reviewed for quality, completeness and accuracy before a project is placed on the Architectural Review Board's meeti~g agenda. Through the Preliminary Review,' applicants have the opportunity to approach the Architectural Review Board before extensive work on a proposal or design idea has been performed. Although not mandatory, applicants are encouraged to take advantage of this opportunity, so there is never the need for outright rejection of a project and the loss of costs associated with its design.. The Preliminary Review is also used to'request an Architectural Review Board determination as to whether very minor projects can be exempted from certain application requirements contained in any of the review proces~es. Such exemptions may be considered to erect a barbecue, place a bench on a deck, alter, exterior steps, or other similar very minor projects. The Acceptance Review is the main approval mechanism for projects and is designed to give the applicant definitive feedback on project acceptance, project acceptance subject to specific modification or project rejection. The Architectural Review Board can reject a proposed project purely for aesthetic considerations without citing specific objections if, in its judgement, the proposed project is not consistent with the intent and objectives of the «Architectural Standards and Use Restrictions" and the Dataw sland Design Guidelines. The primary criteria upon which all decisions. are made are the tenets of: Nature preservation Design and aesthetic compatibiliti Property value enhancement. as identified under the previous section on',purpose of Guidelines. The Abbreviated Review provides the applicant an opportunity to present minor projects, which have less impact on the development to the Architectural Review Board with fewer requirements. Such projects may include paving a sidewalk, adding to a site plan, remodeling, changing construction materials, or changing colors and finishes. The Architectural Review Board members will not address administrative or procedural questions from applicants. All such applicant questions are to be directed to the Architectural Review Board's Administrator.. Page 8 ()f)095

96 Applicants are encouraged to maintain a strong presence in the planning, design, and construction of their property, possible future home and investment. For those who cannot, it is recommended that qualified professional assistance be obtained from someone familiar with the implications of the design requirements described herein. As such, the best results can be expected if the architectural drawings are prepared and presented by an architect, and the site and landscape plans are prepared and presented by a landscape architect. All design professionals to be retained should be directed to become intimately familiar with the intent of the Dataw sland Design Guidelines and the Dataw sland community concept. Any applicant needing help or advice in locating outside design consultants, ecological information, plant material selection, Contractors, construction, utility services, etc. should contact the Architectural Review Board Administrator for factual information and resource listings. Page 9,

97 PRELMNARY REVEW, Though not required, opportunities for ~reliminary Review are offered and encouraged by the Architectural Review Board in anticipation of two types of inquiries. (1) A preliminary review is usually appropriate when a design differs significantly from existing construction on Dataw sland as to be precedent setting, and a general reaction from the Architectural Review Board is desired for guidance before proceeding any further. (2) The second more common type of inquiry is made after schematic drawings have been completed. The Architectural Review Board is asked to review the general direction of the design before more detailed drawings and the final design are started. Application The procedure for both types of Preliminary Review inquiries is the same. The applicant files the standard application for a "Preliminary Review" with the Architectural Review Board Administrator to be placed on the Architectural Review Board's meeting agenda. The application must be received at least five (5) full business days prior to the next Architectural Review Board meeting. nformation thereon will locate the proposed project, describe its nature and extent, and indicate the type of feedback the applicant is seeking. No other submissions are required in advance of the Preliminary Review by the Board. NO PROCESSNG FEE S CHARGED FOR A PRELMNARY REVEW Supplemental Materials Under the proposed design idea critique inquiry, submit sketches, photographs, narratives, references, and other materials, as necessary to clarify the design intent of the project. Under the design schematic drawing iiquiry, a fairly complete base information and depiction of design intent is needed by th~ Architectural Review Board to offer a meaningful response to the applicant. Having complete base information means that all known data concerning the property itself, graphically portrayed at a scale equal to that of a site plan and including all information required on the Site Analysis and Tree Survey needed for the Acceptance Review, is included. Having complete depiction of design intent means that equally scaled schematic drawings of every exterior elevation or side of the proposed design, and any other sketches and references necessary to convey a clear idea of the appearance of the proposed project, is included. Two copies of each architectural drawing should be given to the Architectural Review Board Administrator. One copy of each non-one-of-a-kind item submitted will be retained for Architectural Review Board records. Meeting Discussion f the applicant chooses to attend the meeting, the applicant will be asked to describe the proposed project, integrating information given on the application for the "Preliminary Review" and appearitig or referenced on materials brought to the Page '7

98 Preliminary Review meeting. The applicant and the Architectural Review Board members will then enter into a general discussion during which members of the ARB are expected to supply comments and design advice relative to the feedback desired by the applicant. n the Preliminary Review, no specific approval or rejection action is taken by the Architectural Review Board. Multiple Preliminary Reviews Multiple preliminary reviews will be accepted by the' Board. A thorough review is not possible without final information, and new information obtained on a field trip or during the final review process may cast the project in a different light sufficient to make it unacceptable to the Board. With awareness for the need to guard against undue applicant concern in this area, the Architectural Review Board will accept multiple Preliminary Reviews following significant advances in a project's preliminary design. DD 00 DO Page 11,

99 ACCEPTANCE REVEW The Acceptance Review is the procedtire that leads to the official written consent of the Architectural Review Board required, by the Declaration of Covenants, Conditions and Restrictions, to construct, alter, add to or maintain any improvements of any size or nature whatsoever on Dataw sland. Following this approval the applicant must obtain a Beaufort County Building Permit. Application The applicant should file th~ review form together with the processing fee and required submissions with the ARB Administrator to be placed on the Architectural Review Board's meeting agenda. The form is provided by the Architectural Review Board and must be received at least five (5) full business "days prior to the next Architectural Review Board meeting. nformation required thereon will identify and locate the proposed project, describe its nature and extent, indicate design particulars, and provide detailed descriptions of those items of the proposed project's design that will affect its appearance. FEES FOR PROCESSNG AN ACC~PT ANCE REVEW WLL BE SET BY THE BOARD AND REVEWED FROM 11ME TO TME. A SCHEDULE OF FEES S A V ALABLE FROM THE BOARD'S ADMNSTRATOR. Required Submissions The following p~operty data, project plans, drawings, specifications and supplemental information are required. Architectural drawings are only submitted with architectural projects, as follows: Tree Survey Prepare a tree survey at le~ 1" = 10'- 0" in scale showing the measured location and type of all vegetation with a trunk diameter of 4 inches or more at a point 4 feet above ground level. Clusters of small dogwoocls, live oaks, tallow or the like, with a collective canopy diameter of 25 feet or more, shou,ld also be shown and labeled. Site Survey Prepare on the Tree Survey'to scale all existing site features including: All frontage roads, existing limits or road clearing, distances from existing edges(s) of adjacent amenity clearing(s), distartces from nearby amenity features (e.g., golf course tees or greens, lakes, or marsh) if within 50 yards of the rear property line, and golf course out-of-bounds line, bicycle trails or cart paths running past the property. All property boundary lines. All easements and the entry pqints of underground water, sewer, electricity, telephone, and cable television lines, as well as the location of any pedestals for the same including site drainage and drainage structures. All existing contours at 1-foot contour intervals indicating contour elevation above sea level. All street lights near the property and adjacent properties' houses and site construction. All adjacent structures with accurate setback dimensions and corners, labeling the Page

100 structure areas as appropriate, e.g., Screened Porch, Garage, etc. This information is important in relating the proposed home or addition. North arrow. Names of legal owners, and the surveyor's name, address, and phone number. Site Plan Show in plain view and to scale on a copy of the Site Survey, all proposed improvements to the property, including lines of exterior building walls, edges of building roof overhangs, down spouts or other roof drainage device out falls, decks, driveway, electric meter location, exterior lighting, site structures of any kind (e.g., log storage bins), service court and other fences including gates, privacy walls, swimming or reflecting pools, proposed decks, flag or banner poles (attached to buildings or in ground), trash can storage, any site element to be secured to the ground (e.g., large site sculpture, bench, etc.), and the material and color specifications for all the above. Also, show North arrow, building setback lines, driveway, required provision for guest parking, site grading and drainage information, areas on and off site requiring fence or landscape screening, and any proposed construction phasing. Additionally, show privacy wall dimensions for homes to be built on patio homesites. Site Details, Sketches and Elevations, or Photographs Supply photographs, project literature, details, sketches, and elevations to scale, sufficient to illustrate the construction and appearance of all: exterior lighting, site structures, service courts, fences, gates, privacy walls, flag or banner poles, trash receptacle storage areas, or any site element attached to the ground. Show how roof drainage will be handled: Architectural Drawings Prepare at 114" = 1 '0" scale floor plans, elevations of every portion of every exterior wall including the garage! carport, and a roof plan. Graphically depict and label all materials selections for roof, trim, siding, chimney and chimney cap, entry steps and foundation. Graphically depict to scale and label the first floor's finished floor elevation (FFE), proposed grade, and FEMA required finished floor elevation on the plan. Show how the area between the finished floor and existing natural grade is to be treated. n addition, label any second floor's height, and the highest roof ridge or peak's height, above finished floor (AFF.) nclude architectural details for items such as exterior window sills and shadow line elements, as necessary or desirable for clarity and understanding. Square Foot Chart Compute and place on the floor plan the total heated and airconditioned area in square feet, stated by floor in the case of multi-floored residences, and measured from the outside to the outside of exterior walls. Do not include stairways more than once except for that portion of space under stairs that is finished with drywall. Compute and place on the floor plan the total square feet in the lot, and the total square feet of site coverage of the home, which would include all roofed area of heated and unheated space on the first level (excluding area under the eaves), including storage area and garage. Page

101 On homes built on patio lots, compute and place on the floor plan the total square feet, heated or unheated, on the second levei with 5 feet or higher clearance, including first level vaulted ceilings that extend into the second level, and delineate the matching square footage on the second level plan. Landscape Plan Prepare to scale on a copy or overlay of the Site Plan showing the location, bounds and sizes for all plant materials, mulches, planting beds, nonliving ground covers and other miscellaneous landscape materials. For all plant materials including trees, shrubs and ground covers, graphically depict each in a scale representation equal to a mature plant and label each type using the botanical name for genus, species and variety. Provide a separate listing, on the landscape plan or detached; that associates a plant symbol with specified plants, plant sizes at planting in gallons or feet, botanical names, common names and quantity to be used. Hardscape f any non vegetative items, are to be included in the design, such as trellises, fountains, sculpture or landscape lightingl please provide accurate sketches, photos or catalog cuts for the Board's consideration, along with details as to the size, color and material of each item. This requirement applies to any exterior light fixture that is visible from off the property. ' Building Materials and Color Samples' Unless specifically waived by the Architectural Review Board or the Architectural Revi~w Board's Administrator because the materials and! or colors are known to the Board, collect, label and submit physical samples of the proposed exterior site and building materials,, and finish colors, as follows:, Material Samples Supply label name, manufacturer, grade and proposed application for each. Poen, Aggregate proposed for exposed aggregate or epoxy bonded paving Pervious drive, walk or trail materal, when other than shell or porous asphalt Siding, Roofing (For metal roofing, submit a 24" x 24" minimum sample.) Typical face brick (Sample board r~quired if chosen from other than pre-approved brick) Stucco board (submit a 12" x 12" mjnimum sample) Any other material of significance to the design which can be seen from anywhere off the property Color Samples Label each with color name,' manufacturer, finish, and proposed application. Decks Walkways and other miscellaneous paved areas Exterior lighting fixtures Site structures (if finished wood or npn wooden) Service court walls and fences (if finished wood or non wooden) Privacy walls, P"jle 14,

102 Swimming pools Trash can storage (if finished wood or non wooden) Siding Trim Stucco Garage doors Chimney Any other obvious exterior element which can be seen from anywhere off the property Meeting At its regular meeting, the Architectural Review Board will review individually each application. Following a detailed review, the Dataw sland Architectural Review Board will take one of three actions, as follows:, Project Acceptance Means all facets of the proposed project appear to comply with the Dataw slanddesign Guidelines, and the applicant should proceed to layout the project in the field, and stake it as required. Project Acceptance Subject to Specific Modification Means the Board believes the project can qualify for acceptance provided certain cited features of the design are specifically modified as suggested by the Board, or alternatively, are modified as later suggested by the applicant and approved by the Board. Such modification is purely at the discretion of the applicant, and the applicant is free to rework the design as he sees fit to overcome the objections of the Board without following the Board's specific suggestions. Upon Board approval of a modified project design proposal, the applicant should proceed to layout the project in the field and stake it as req\lired. Project Rejection Means the Board believes the project does not comply with the Dataw sland Design Guidelines. Generally, rejection may follow Board observation of poor overall design quality, incompatible design elements, or an inappropriate design concept, treatment, or architectural style. The Architectural Review Board will not address interior design issues unless they affect the external appearance of a house, or the proposed project is a speculative house. f the proposed project is a speculative house, furniture placement and livability will be considered so that the image of Dataw sland is protected in the minds of prospects in search of pre built homes. Field Layout, Staking and Erosion Control Following acceptance of a proposed plan by the Architectural Review Board, the layout of the project must be reviewed in the field by at least two (2) members of the Architectural Review Board. This field review is required to obtain final plan approval, and a D~taw sland Building Permit, and no plan should be considered as finally approved until after the Board approves the stakeout. The review is to ensure that base information provided by the applicant has been faithfully represented, and Page

103 that the proposed design fits the natural si~e without undue impact on existing vegetation, natural site drainage characteristics, erosion and enjoyment of views by others. For the Field Review Using stakes ~h~~.,eftend above ground level at least 3 feet: Stake all property comers. ' '" Stake and connect all comer stakes of the exterior walls of a proposed structure with string. dentify the location of any major site elements. Use stakes, flags or marking paint at:ld outline the driveway and deck edges. dentify all trees to be removed with ribbon or tape. (Note: The standard marking for trees to be removed, recognized by most area contractors, is yellow.) nstall erosion barriers where requiretl and in accordance with the ARB specifications. Mark the finished floor elevation (FFE) on a remaining tree or stake. Field Review Upon completion of a field layout, staking, and installation of erosion control, notify the Architectural Review Board's Administrator, and ARB representatives will then inspect the site. The field layout and staking may be waived all or in part by the ARB Administrator and the consent of the Board. Escrow Compliance Deposit The paymer\t of a refundable non interest bearing escrow compliance deposit by the property owner, to the Dataw sland Owners' Association is required prior to beginning a construction project. The deposit is refundable upon receipt of a copy of the Certificate of Occupancy in'the ARB Administrator's office; the property owner notifies the Administrator that the hqme and landscaping have been completed and requests a refund; representatives of the ARB inspect the exterior of the home and landscaping and find them to be in compliance with plans as approved by the Board; and Dataw sland Security verifies that the home1s security system is working properly. THE DEPOST S SET BY THE BOARD ANd REVEWED FROM TME TO TME. A DEPOST SCHEDULE S AVALABLE FROM THE ARB ADMNSTRATOR., ssuance of Written Consent to Construct/Dataw sland Building Pertnit After the plan is accepted by the Board, an approval letter will be sent to the property owner with a copy to the contractor. After the field layout, staking, and erosion control inspection of the home receives final ARB approval, and the escrow' compliance deposit has been paid, a Dataw sland Building Permit will be issued, and construction can begin. This permit is to be mounted on the back of the construction sign;for the period of the project., Neighbor Notification As a courtesy to neighboring property owners, after a plan is accepted by the Architectural Review Board the property owners on either side and the three property owners across the street from the project will be notified in writing of this approval, and invited to view the approved plans in the ARB Administrator's office. n addition, whenever any property owner observes a new construction sign on the sland, they may also view the approved plan. Page 16,"' 00103

104 ABBREVATED REVEW Any owner desiring to make an improvement to his property which is visible from the exterior of the home, such as constfucting a home addition, remodeling, modifying an existing site structure or design, or other exterior alterations to existing homes, must obtain approval of the Architectural Review Board, through an Abbreviated Review process. A review fee is required if the roof line <ir footprint of the home is to be changed. THE FEE FOR PROCESSNG AN ABBREVATED REVEW WLL BE SET BY THE BOARD AND REVEWED FROM TME TO TME. A SCHEDULE OF FEES S A V ALABLE FROM THE BOARD'S ADMNSTRATOR. Any owner desiring to make a minor improvement to his property is required to obtain prior approval of the Architectural Review Board. Projects such as, but not limited to, changing exterior colors or materials; installing a hot tub, swimming pool, fish pond, fountain, awnings, shutters, satellite dish, above ground gas tank, lighting, or decorative yard ornaments; enclosing an existing scree~ed porch where there is no change to the footprint or roof line of the home; or making any 'other minor improvement as described in the Design Guidelines, require advance ARB apprd,val. NO REVEW FEE S REQURED. The Abbreviated Review also leads to the official written consent of the Architectural Review Board, required by the Declaration of Covenants, Conditions and Restrictions. Depending on the type of project, an applicant may still be required to obtain a Beaufort County Building Permit after issuance of ARB approval. f there are any questions, contact the Beaufort County Codes Administration, Office., Application The application process is the same as for Acceptance Review including the submission of site plans together with pitturesl drawings, dimensions, colors, or other items necessary to describe the project, with e~ception to the processing fee. Required Submissions The following property data, and project plans, drawings, specifications and supplemental informa~ion may be required. f a question exists as to what is required to be filed, contact the ARB Administrator. Tree Survey Prepare a tree survey the!i,ame as is required for the Acceptance Review, to include an area 25 feet beyond the perimeter of all trees to be removed, and with an outline of the house addition or site project shown, on the plan., Site Survey Prepare as required for the Acceptance Review process less topography, covering an area equal to that required for, the tree survey., Site Plan Prepare to scale showing' the proposed project m relation to exlstmg improvements. )age

105 Site Details, Sketches and Elevations or Photographs Supply site details, as necessary to convey particulars and illustrate the appearance of the project. {Applicants requesting porch enclosures that do not change the footprint of the home or roof line may submit marked-up photographs of the existing porch along with catalog cuts showing details and specifications of the enclosures to be installed in lieu of plks.}, Architectural Drawings Prepare architectural drawings as required for the full Acceptance Review. Show the difference between prior and proposed square foot area calculations. f simply changing materials or colors of a house, elevations may be required at the discretion of the Board. Submit the same plan to the Architectural Review Board for approval as submitted to Beaufort County for the buildillg permit: f site coverage will change, compute and place on the floor plan the total square feet in the lot, and the total square feet of site coverage ofthe home with additions, which would include all roofed area of heated and unheated space on the first level, including storage area and garage. f the home is on a patio lot, and changes are to be made above the first level, refer to requirements listed under full Acceptance Review for details to be submitted on square feet of the second level with 5 feet or higher clearance. Landscape Plan Prepare as required for the Acceptance Review showing changes to existing improvements required by the proposed project, for an area equal to that of the Site and Tree Surveys. Letter Submit a letter to the Architectural Review Board indicating the purpose of the proposed project. ' Meeting The meeting schedule is the same as f~r Acceptance Review. Certain projects such as porch enclosures, and repainting with the same color, may be approved without the necessity of being presented to the Board at its monthly meeting at the discretion of the ARB Administrator. ' Field Layout, Staking, and Erosion Control May be required for some projects at the discretion of the Board. Field Review A field review may be requir~d for some projects at the discretion of the Board. ssuance of Written Consent to Construct A!fter a project has been reviewed, approval of a project will be in the form of a letter from the Administrator for the Architectural Review, Board to the Property Owner, with a copy to the Contractor, if known. Page

106 CHANGES AFTER FNAL APPROVAL Changes to the approved plans that wiil affect the appearance of the project must be submitted to the Architectural Review Board for review under the Abbreviated Review Process as a Change to Approved Plan.» Construction need not be held up unless the change(s) affect current work Changes Requiring Approval Construction changes that require Architectural Review Board approval include: Modification in type of siding (e.g., wood to stucco, horizontal to vertical boards) Modification in type of roofing (e.g., wood shakes to shingles, shingles to metal) Addition of second fireplace chimney Change from approved house siding or site element finish colors Addition of or changes to major site elements attached to the ground Changes in pavement materials other than from regular asphalt to plain finished concrete or dimension/layout changes to the paved areas Changes in window and! or door types, colors or sizes and! or relative proportions Changes affecting ridges and peaks' of a roof Changes to finished floor elevation Changes in roof height, Changes in square footage from what is shown on the approved plan Any other change that would have similar effect to appearance of the proposed project Changes Not Needing Approval Certain changes may not require Architectural Review Board review, provided they do not violate the design guidelines such as setback requirements. f there is a question as to whether a cons~ruction change should be reviewed, contact the ARB Administrator for a determination. Project File To avoid possible complications with the Architectural Review Board, supply the ARB Administrator with a summary ist and description in letter form of all changes made to the ' approved project before or during the conhruction process. Page

107 ,. Page 20,,, 00107,. Page 20,,, 00107

108 Design Requirements " 00108

109 THE NATURAL ENVRONMENT All project designs are required to blend with Dataw's natural environment. To achieve this objective, the various components which comprise this environment and their various ramifications on design must be considered. Salt Water Marshes The marshes are lands inundated by tidal waters of the Atlantic Ocean, and are teeming with plant and ariimallife which is essential to maintaining ecological balance within the marine food chain. Marshes support scores of unique species of animals and birds, including some on endangered lists. They also filter rainwater with their grasses and provide four seasons of color change throughout the year. Marshes around Dataw sland ar:e South Carolina state wetlands, whose protection is the responsibility of the South Carolina Department of Health & Environmental Control (DHEC) office of Ocean & Comal Resource Management (OCRM.) No construction, excavation, fill or encroachment Of any kind is allowed in a marsh or on lands adjacent to a marsh, without an OCRM permit., The edge of the marsh is called the Ocean & Coastal Resource Management Line and is defined by a line which is the border of the landward extent of areas normally characterized by the prevalence of saline water vegetation capable of growth and reproduction, and periodically inundated by saline w.aters, naturally or through artificial conveyances. Properties on Dataw sland adjace nt to marshlands are conveyed to the Ocean & Coastal Resource Management Line. Ho~ever, this line fluctuates as the shoreline is built up and eroded. Anyone with specific questions on defining the edge of the marsh or on obtaining an OCRM permit should call the DHEC headquarters in Charleston, South Carolina, at (843) , or their local Beauf?rt office at (843) Setbacks from the marsh Dataw. sland requires a minimum setback of 50 feet from the Ocean & Coastal Resource Management Line for construction of the main house, unless the project is located in certain "special condition" areas such as Palmetto Point or Curisha Point. As a general rule, any applica~lt planning to begin construction on property bordering the Ocean & Coastal Resource Management line should consult with the Beaufort County Building Codes Administration Office for possible special construction requirements and! or permits. (Note: The number of the B,eaufort County Building Codes Administration is (843) ) Vegetation n excess of three quarters -of Dataw sland is covered with mature vegetation dominated by 35 foot to 45 foot tall live oaks, water oaks, and to a lessor extent, pines. Sporadic areas of large sweet gums, magnolias and nut trees also exist. n these mature wooded areas, the subcanopy consists of loblolly and slash pines, that are 15 to 30 feet tall, and palmettos, hickories, dogwoods, ~weet gums and magnolia trees. Another 10 percent of Page 21,

110 Dataw sland is covered with very dejilse uniform stands of 15 feet to 20 feet tall wax mynles and pine., This existing mature subcanopy tree resource is irreplaceable in character, longevity and dollar value. To blend with Dataw' s natural environment, design proposed projects and place on the land in a way that retains as much of the mature and subcanopy vegetation as possible. The Architectural Review Board will be inclined to favorably review proposed designs based on saving significant specimen trees or stands of trees. Climate The weather on Dataw sland is characterized by temperatures in the moderate range, with typical seasonal variations from the low 30's to the mid 90's. Temperature extremes, however, range from 12 to 105 degrees Fahrenheit. The average annual rainfall for Beaufon County is approximately 49, inches per year. The average early morning relative humidity is 87%. This microclimate includes a generally high air moisture content underneath the tree canopy, variable breezes along shore propenies and stilled breezes within mature wooded areas. Design recommendations based on the overall weather and microclimate considerations include the use of wide overhangs; other architectural solar devices and existing tree cover to screen out the heat of the sun; the us~ of heat pumps and setback thermostats for energy efficiency in heating and cooling; the 'use of ceiling fans to promote air movement in hot humid weather; and the placement of deck structures to the side rear of a house to catch evening breezes that tend to travel in the side yards between the road and golf course clearings under the mature tree canopy. Physiography Most South Carolina and Georgia coastal "Lowcountry" islands are relatively flat and low in grade elevation above sea level. Dataw sland, with grade elevations ranging from 7.5' to 22.5' above mean sea level isfarabove the typical condition. The soil is generally sandy on the nonhern two thirds of the, island, while on the southern one third of the island, it is sandy clay. Page

111 STE DESGN Every site is unique, and every feature of the site needs to be considered as an integral part of the total design developed for that site. Consider each feature of the site as a design element, which through imagination inspires, provides a focus, adds interest, enhances and gives meaning to the design. For a design to blend into Dataw's natural environment, follow the course of sensitive design, which is responsive to its site. Base nformation The first step in 'successful site design is collection of all pertinent base information. This includes both at ree Survey and a Site Survey drawn to equal scales. The requirements for both survey drawings, and on items to be placed on the drawings, are given within the description of the Accepdnce Review. Use information contained on the Tree and Site Surveys to make tentative conclusions about design elements such as where the i project should be entered, where walks and other pavements should be placed, how a driveway can fit in, where decks could go, where night lighting is required, how specialty elements can be given appropriate importance, how to ensure storm water thoroughly drains, what views are to be screened, what views are to be highlighted or preserved, and how guests will enter and exit. Test, revise and retest until all Owner desires are achieved. The final product of this process is the Site Plan, required for the Final Review. Site Plan Organization and Testing Compose the site elements so that the completed design blends into the surrounding 'neighborhood, as well as the natural environment. Setbacks imposed on a property ate site-specific, and subject to the minimums and maximums given in the tables under ~ingle Family Home Design. Criteria for establishing setbacks are maximization of views for the most people, assurance of a varied but orderly street scape and assurance of design compatibility with surrounding properties and the Dataw community. Compose rear yards to maximize the site's best views, yet simultaneously screen all rear yard development from adjoiqing neighbors. A project design should respect that which has already been built in site positioning, elevations, setbacks and style, and should not impinge on another site's primary view. Grading and Drainage The main Pl1rpose of grading and drainage is to ensure that water does not collect on the homesite. While in the process of managing water so as to achieve this goal, minimize disturbance to existing trees, keeping in mind that a tree trunk (with the exception of palmettos) cannot have dirt piled against it in excess of one inch, and that a tree's most important feeder roots grow around the outer circumference of its canopy's drip line. Cutting, filling on, running over with construction vehicles and equipment, or building over this delicate area will potentially harm, a tree to the point that it will slowly die. Cutting through this root zone, and especially n~xt to a tree trunk for underground service and utility lines, will likewise harm a tree. ' Page

112 Maintaining ground level vegetation in addition to the basic tree cover of each homesite preserves the general character of the islan~ and minimizes the amount of supplemental landscaping required to soften the impact of structures placed on the homesite. The need for irrigation is also minimized. ' Design grading and drainage to ensure that, storm water or gutter and roof water outfall runoff is not a problem for the adjacent ho~esite. Construct either retaining walls or tree wells around specimen trees to preserve thei~ root systems. Earth Mounds Earth mounds can add inte~est to a homesite, but if used, should be done with great sensitivity. t is artificial looking to have a small earth mound rising abruptly out of a flat landscape. An earth mound with appropriately gentle slopes can require a rather large open area to blend back naturally into the existing contours of a site. Since placing too much fill dirt on roots can kill trees, earth m~unds should be kept away from the trunks of, existing trees. Tree Protection and Removal Protective re~lations for existing trees serve to preserve the sland's natural environment by ensuring their utilization as landscape elements. Tree Protection No tree with a trunk diam~ter of four inches or greater, measured at a height of four feet above graft shall be removed, or effectively removed through damage, without prior approval of the Architectural Review Board. Protect all remaining trees with barriers erected at least 6 feet from the trunk of the tree throughout the clearing and construction phases of a proposed project. Do not encroach with materials or equipment within this protected area. Do not clean equip,ment, nor store or dispose of materials such as paints, solvents and oils within the perimeter of the limb coverage ("drip line") of any remaining tree. Do not fasten attachments of any kind to a tree. Trace back damaged tissue of minor wounds per normal arboricultural pr~ctices. Remove any tree which dies due to damage during construction. Tree Removal Associated With Constructio~ Approval to remove trees as part of a site and/or house construction project is obtained with the approval for construction, and is the primary reason for the field review of the prbposed project's layout and staking by the Architectural Review Board. Specimen trees such as magnolia, dogwood, American holly, hickory, pecan, and/or tallow ("popcorn "), that are between one and three inches in diameter and in the way of approved construction, will be noted and brought to the attention of the ARB. The Dataw sland Owners' Association may want to have the option of transplanting such trees for use in common areas at no cost to,the Property Owner. Tree Removal Approval to remove trees alone, 'o/ithout associated construction, is obtained through the Abbreviated Review process. Contact the Architectural Review Board Administrator for the procedure to follow. THE FEE FOR THS REVEW MAY BE WAVED BY THE ARB ADMNSTRATOR. ', Page 24' 00112

113 To justify removal, generally, at least one of the following conditions must exist: A tree or several trees prevent development of a homesite regardless of architectural adjustments. Trees pose a safety hazard to pedestrians, vehicles, buildings or other structures. Trees threaten to cause daniage or disruption to public utilities. Trees are diseased, injured dr sufficiently weakened so as to threaten or cause damage to persons or property. Trees require removal for r~asons other than set forth herein where it is determined to be in public interest. Property Owners, per Section of the Declaration of Covenants, Conditions and Restrictions, must promptly cut and remove dead or diseased trees, as well as dead and diseased shrubs, bushes, and other vegetation. Trees must be certified as dead by the Architectural Review Board, prior to removal. Emergency Tree Removal n case of an emergency situation in which damaged and destroyed trees must be expediti?usly removed in the interest of public safety, the Architectural Review Board may notify all or certain property owners that the requirements of this section are suspended for a r~asonable period of time determined by the Board, and that temporary guidelines exist as identified, therewith. Blatant Tree Protection Violatioh To mitigate for unapproved deliberate damage or destruction of trees more than four inches in diameter (measured at 4' above grade), the Property Owner will cause live trees'of the same species to be added to the property, per tree lost, as follows: Quantity of Minimum Size Original Size Replacements of Replacements 4 to 5 inch caliper 1 4 to 5 inch caliper 5 to 7 inch caliper i2 4 to 5 inch caliper OR 3 3 to 4 inch caliper More than 7 inches in caliper 4 4 to 5 inch caliper OR 6 3 to 4 inch caliper Additionally, the Property Owner will continue adding two 4 to 5 inch caliper or three 3 to 4 inch caliper replacements for each additional 3-inch increment. Trees are to be planted in accordance with standard nursery pra~tices and be watered as required to sustain life. Species substitutions must be approved in advance, by the Architectural Review Board. Landscaping Landscaping is defined as adding any plant materials such as: trees, shrubs, ground covers, mulches, or lawns; as rearranging an existing landscape; or, as transplanting any plant materials. The degree and type of landscape treatment are wholly site specific. ; Page

114 Landscape Plan Approval of a Landscap~ Plan is required by the Architectural Review Board for any landscape improvement related to: Any proposed site or architectural project. The landscaping of any propeny, o~ modification to the existing landscaping of any propeny.. The landscaping or modification to the existing landscaping of any common or amenity propeny. Hardscape items such as trellises, four-tains, ponds, sculptures, and landscape lighting. A Landscape Plan is not required to add or transplant up to three trees less than 1-1/2 inches in caliper, and up to 10 shrubs less than 24 inches in height, in a year, on a single propeny, provided such work is done within the boundaries of the Propeny Owner's own propeny. Per the Covenants, Conditions and Restrictions, 10.06, all landscaping must be completed within 90 days of the date of issuance of the' Beaufon County Cenificate of Occupancy. Drawing Requirements for the Landscape Plan drawing, and on items to be placed on the drawing, are given within the description of'the Acceptance Review. ntensity The degree of landscaping requirei:! for a proposed project depends upon the type of homesite, type of project, and the degree \md type of existing tree cover. n general, the more mature the existing vegetative cover,is, the less supplemental landscaping will be needed. Additionally, the largerthe homesite, especially in width, the less supplemental landscaping will be needed., Conventional Homesite Conventional homesites covered with mature vegetation, with less than one half of the ground level vegetation removed, require no supplemental landscaping except for the repair.and coverage of construction scars with pine straw and minimal foundation planting, non grass ground cover or other material approved by the Architectural Review Board. For increasing amounts of ground level vegetation removed, provide an equal amount of supplemental landscaping. f greater than three founhs of the homesite has the ground vegetation removed, landscape the entire homesite. Conventional homesites covered with 15 to 25 feet of very dense wax mynle and pine "pioneer" growth have no ground level vegetation. Thin or totally clear 50% to 80% of the total homesite area. Landscape all the areas that have been cleared., Conventional homesites within open areas have no natural vegetation to work with, and require the landscaping of 100% of the homesite. Patio Homesites Due to their proximity to one another and the street, their prominence in the street scape and their impact on the overall impression impaned to visitors of Dataw sland, patio homesites are to be landscaped from the main house front facade to the street., Page f

115 Patio homesites covered with mature vegetation should use existing natural ground level vegetation to save on supplemental landscaping. Landscaping of the side and rear of a patio homesite that is covered with mature vegetation is optional. The entire lot must be landscaped when a patio homesite is within an open area. ndigenous Plants Use of indigenous plants will generally ensure that landscaping will blend naturally with the site. Use of plan~s seen growing on Dataw sland, which have proven complete climatic tolerance, may eliminate the need for maintenance irrigation. Many plants specially chosen for their ornamental' quality, leaf appearance, or color, may not grow well on Dataw due to the saltwater air. The installation of an irrigation system is recommended when landscape designs specify plants that are not native to the coastal South Carolina Lowcountry. ; Susceptibility to Deer Plants attradtive as food to native deer should be avoided unless planted close to the house. Consult with local nurseries and landscapers to obtain advice on which plants are least likely to be eaten by deer. Electric Fences Electric fences will g~nerally be approved if they conform to the following: The fencing layout is planned so that it is as inconspicuous as possible. Fencing installation is to follow the lines or limits of the landscaping rather than along property lines. Gates or chains across the driveway entrance will not be permitted. f applicable, please be sensitive to the golfer when locating the fencing near the golf course. Fencing should be installed as ~ single strand only. The fence height may vary as it conforms to the planting to be,protected. Posts, insulators, connectors and control equipment shall be painted flat black. Other colors may be approved if it is determined they will blend in better with specific backgrounds. Warning signs, flags or other markers should not be used. (The homeowner will accept any and all liability for having an unmarked electrified fence.) Application Planting design is the responsibility of the Property Owner. n formulating a plan, avoid formal, rigid or symmetrical plants. Do not ilse' clipped hedges. Retain natural vegetative buffers and transplant worthy existing plants when feasible. Home gardens are not encouraged but will be permitted if their design blends with existing landscaping. Avoid plants which form tight round balls, globes, or "cherry drops." Avoid exotic tropical, desert or alpine landscapes. Avoid use of such nonliving ground covers as feather rock, white stone, larger or small pebble river rock, synthetic turf, etc. Conformity with Golf Course The flldscape plan for homesites bordering a golf course shall be in general conformity with the overall landscaping plan of the golf course for the Page

116 back 10 to 15 feet of the homesite. Any landscaping to be done beyond the owner's property line(s). will require prior approval by the Dataw sland Club or Dataw sland Owner's Association. Common Property Landscaping When proposed and approved. such landscaping shall be kept beneath 3 feet in height. or have a clear trunk dimension of more than 7 feet in height, to maintain clear unobstructed sight-lines.'., rrigation Water Ground water wells are 'not permitted for irrigation water. A second and separate meter can be ordered from the Beaufort-Jasper Water and Sewer Authority which allows irrigation water use without incurring sewer charges. Site Elements Conform to the following requirements: Air-conditioning Compressor(s) For conventional homes, locate the compressor within the service yard or other totally screened environment. For patio homes, locate the compressor out of view of neighbors. street and golf course, or effectively screen it from view from off the property. Window mounted and through-the-wall air conditioners are not permitted. Decks Use pressure-treated southern yello?, pine (SYP) or other recognized exterior wood such as redwood, red or white cedar, or cypress. Use wood specially treated for ground contact where applicable. The size and style of the deck must be compatible with the design of the residence. ' Driveway Typical surfaces are asphalt, conel'ete, brick, concrete pavers, colored and stamped concrete, concrete with a shell finish, or rock, as approved by the ARB. A combination of materials can also be used such as concrete with a shell finish and brick borders and dividers. t is the owner's responsibility to pave the drive area between the road and the property line. rf the drive crosses a bicycle or cart path, the drive surface type, if different from the path, should be prominent and run continuously. The path will be reworked as needed, to ensure a smooth transition at the points where the drive and path meet. This reworking is to be done by the owner or owner's contractor in a timely manner in an effort to minimize the inconvenience of the path user. Regardless of existing drive installations, all drives connecting to streets without curbs shall use asphalt, brick, or dark colored pavers or cpncrete for a minimum initial approach of four feet., Off street parking is to be provided for a minimum of two cars in all drive designs. This parking is in addition to the garage parking and must be located completely within the property lines. ' Page

117 All drives and parking must be no closer than one foot away from the side property lines. Reflectors or similar markings are not permitted to mark the drive approach or location. Service covers for water meters, water valves, or sewer manholes, will occasionally be located within the driveway area. t is the responsibility of the owner or the owner's contractor to rework the cover to conform to the level of the drive. Unpaved Paths or Trails f to tie into the roadway at a location separate from the driveway, into the bicycle trail, or into the golf. course cart path, only a dark, natural surface material can be used. Acceptable materials include pine straw, shredded wood bark, water permeable material, and brick pavers to match the driveway set in sand. Asphalt or light-colored gravel is prohibited. Fences, Gates and Related Screen Or Landscape Wall Acceptable materials for these structures are stucco, or wood as specified for decks and treated for ground contact, where needed. The structure should be a minimum of 30 inches, and not more than 72 inches, in height. Owners are encouraged to use underground invisible fencing for pets. See Landscaping for information on deer fencing. Fencing should be contiguous with the design of the home and should conform with the house set back requirements. Chain link fences will not be permitted. Certain landscape fences ot walls may be permitted beyond the setback lines or other than preferred dimensions on a case by case basis, considering the overall design conditions. Flag or Banner Poles The installation of free standing poles, at a maximum of 30 feet in pole height, is permitted only in the rear of conventional homesites, as long as they are located a minimum of 25 feet from any property line. Flags that measure a maximum of 3'x5' in size, and are mounted on angled bracket poles are permitted, provided they are limited to two (2) flags or banners per home. The Board reserves the right to disallow certain flags or banners. Lighting on Exterior Allowed for safety, general appearance and site accent, in accordance with the following criteria: Front Walk/Driveway Pole Lamp One black matte finish pole not to exceed five (5) feet in height is allowed, with a fixture of non-glare finish, and total bulbs not to exceed 40 watts of incandescent light. For patio lots installation shall not be within 10 feet of side, rear or front property line. For conventional lots, installation shall not be within 20 feet of any property line. Landscape Lighting Low-voltage lighting in plant beds or walk illumination shall be mushroom-type that directs light downward, and prevents the source of illumination from being seen. Non-glare black or green finish is recommended. Tree Accent Lighting Tree accent lighting shall be installed with extensive shielding Page

118 All requests for exterior light installation of any type must be accompanied by a catalog cut or photo of the fixture to be installed, and appropriateness of style will be considered by the ARB prior to granting approval. {For additional information contact the ARB Administrator.) Mail Boxes and Message Boxes Conforn\. to the details and specifications adopted by the Architectural Review Board. nstallation 1d control of mailboxes and message boxes are handled by the Dataw sland Owners Assqciation. Names are not allowed on either mail boxes or message boxes. House Number Signs This signage may be appropriately placed on the lawn in close proximity to the front door of each home site. f the home is more than fifty (50) feet from the road, numbers must be posted near the walk, driveway, or common entrance to the home so as to be clearly seen from the roadway. Specifications are listed below: Size of numbers not to exceed 3 x ; inches per number, with minimum height 3 nches. ; Style of numbers shall be "Helvetica' medium or similar Colors shall be black or brass, and numbers made of aluminum, plastic or brass material Only numbers are permitted - no letters, House Numbers The criterion to follow for the installation of house numbers is: Clearly visible from the street : Conspicuously placed above, or at the side of the appropriate door. f practical, locate where numbers cart be illuminated by an exterior light Approximately 72" above the floor level nstall straight across rather than on an angle or vertically Numbers may be installed on a backing board provided it is simple in design and is appropriately stained or painted ' Specifications are listed below: A minimum of 3 inches high Helvetica medium or similar Colors may be black or brass Aluminum, plastic, or brass material ' Numbers only - letters are not permitted. Special conditions: ' Prior approval is required for plaques Or built in designs, etc. Please contact the ARB Administrator, if you have questions concerning the design. nstallations must follow Enhanced 911, County and National addressing standards. Reflective Pools and Fountains Maintain only for the private enjoyment of homesite residents. At least some screening of views from off the property is required., Page 30 nn118

119 Exterior Decorative tems-- "Yard Art" Ornamental sculptures, statues, birdhouses, birdbaths, bird feeders, wind chimes, weathervanes, wind socks or other exterior decorative items must be approved. These items should be used only for the private enjoyment of homesite residents. At least some screening of views from off the property is recommended. Glittering or shining objects, reflective balls, and similar items are not permitted. Service Court A service court of atleast 48 sq. ft. is required for conventional homesites. Maintain height between 6 feet and 8 feet 6 inches above grade. Patio homes are not required to have service courts; however, trash receptacle storage should be considered. Clotheslines are not permitted outside the service court. Signs No sign or poster of any kind is permitted anywhere on Dataw sland except as provided by Section of the Declaration of Covenants, Conditions and Restrictions and herein, including realty, for sale by owner, owner name, house name, and homesite number. Excepted from this requirement are the Dataw sland buyer identification sign, the temporary construction/homesite identification sign, the permanent home street identification marking, and the permanent mailbox markings. All the above shall exactly correspond to the detailed drawings and specifications explained in the appendix of this document. The above-mentioned signs and specifications for the same have been adopted by the Architectural Review Board. Permission for the temporary. construction/homesite identification sign does not extend to subcontractors, remodeling or landscape work. To ensure uniformity, the temporary construction homesite identification sign will be provided on request by Dataw sland Owners Association. Signs provided by any other sources will not be permitted. Miscellaneous Site Structures (e.g., firewood storage bins) All site structures must be approved and are recommended to be wood, as specified for decks, and treated for ground contact where applicable. Site structures and materials will be reviewed on a site specific basis. All structures must be within the building set backs. Above Ground Propane Tanks Use of above ground tanks is strongly discouraged. f used, tanks shall be totally screened by lattice work and the tank and the lattice must be painted to match the siding or trim of the house. Locations must be approved by the ARB prior to installation. (nstallation of an underground propane tank does not require prior approval.) Swimming Pools n ground swimming pools are recommended for the open field or the very dense wax myrtle and pine-covered sites only, due to excess clearing otherwise required. Small swimming pools may be approved within wooded areas on a case by case basis. Above ground pools are not permitted. Screening for privacy and safety should be considered during the home/pool design process. All pools must be within setbacks. Hot Tubs Hot tubs are generally permitted as long as they are installed within setbacks and screened from view from off the property, however, their location should be approved by the Architectural Review Board prior to installation. Page

120 Basketball Hoops/Poles/Backboards These items must be approved prior to installation. Homeowners are encouraged to select a.location and colors that blend the structure into the existing landscaping and home design. Bright colors, insignias, etc., will not be permitted. Trash Receptacle Storage Store trash receptacles out of vew from anywhere off the property. An open placement for pickup may only occur one hour before sunset the night before the day pickup is scheduled. Return receptacles to storage area as soon as possible, but before 4:00 p.m. the next afternoon. Recycling bins should be treated similarly., Site Element Materials and Colors Site materials and colors should be selected that will complement the residence, site, and neighborhood. The finish materials and colors used on site elements such as service courts, fences; and retaining walls, shall coordinate with or match the main structure. Easements mprovements other than landscaping are not permitted within any easement,. right of way or common area. (Exception: driveway surfacing as is approved to access the property). ' Utility Easement Landscaping permitted by the Architectural Review Board, placed within an easement by a Property Owner and s~bsequently disrupted by a legitimate user of the easement, need not be replaced, provided 'that the legitimate user of the easement exercised reasonable care in landscape removal so th~t the plants may be used again. Plant survival need not be guaranteed. This also applies to rights-of-way or common areas., Patio Home Easements Construction, Maintenance and Repair information on the patio home Privacy Wall and Dwelling Construction, Maintenance and Repair Easement, is shown in Section 3.19 of the Declaration of Covenants, Conditions and ~estrictions. Landscape Easement nformation on the patio home Landscape Easement, is shown in Section 3.19 of the Declaration of Covenants, Conditions and Restrictions., Page

121 SNGLE FAMLY HOME DESGN A requirement on all design is that it is architecturally compatible with existing construction when built. Meeting common design criteria is necessary to meet that objective. With the possible exceptions of those building on unique homesite areas with "Special Conditions to the Design Guidelines", e.g., Big Dataw Point, Curisha Point, North Boone Point, The Point, Pee Dee Point, Chicora Point, Reeves Point, Sparrow Nest Point, Palmetto Point, Cochrane's Court on Rowland Drive, and certain lots on the Eastern side of Locust Fence Road and Northern side of Rowland Drive, property owners should consult Tables 1 and 2 at the end of this section for general requirements for home design. These charts specify square footage, general dimension and setback requirements. Further guidelines are noted in this section. Where special conditions are not noted in Tables 1 and 2, the guidelines noted here apply. Though multi-family designs are not covered here, the future modification or exterior changes to multi-family homes must comply with the applicable design guidelines. Any changes must be presented to the Bluff or Fairways Owners' Associations first for presentation to the ARB. Placement on Lot Place home within parameters given in Tables 1 and 2 and as follows: Relation to Street Homes do not have to be placed square with the street or setback lines although the front facade of a home's privacy wall is recommended to be parallel to the side lot line, and the patio home structure must utilize a portion of the wall for one of its walls. Combining Homesites No more than two contiguous conventional or patio homesites may be combined by modification of the deed and plat for the two lots to combine them. A single conventional home is permitted to be placed in the center or toward the center of two conventional homesites that have been combined. The conventional home design must comply with the size requirements, etc. (see Tables 1 and 2), even if the sites are combined. Patio homesites may be combined; however, patio homes must comply with all patio home design criteria including the width and size'requirements. A patio home must be placed on one of the two original homesites that existed before combining. Designated Privacy Wall Lot Line On all north-south running streets the patio home "Zero Lot Line" wall is to be placed on the north side of the homesite. As north-south streets turn east or west, or intersect with east-west streets, the pattern of wall placement shall continue so there is never more than one patio "zero lot line" wall on a single side property line, and until there is a major common area break in a string of more or less continuous homesites. f there is a question about which line is designated as the privacy side, please inquire to the ARB Administrator. See Table 2: Setback Requirements. Foundation Requirements The average elevation of a natural grade beneath the home shall be calculated by summing the heights above grade of every exterior corner of the home, and dividing it by the number of measurements taken. Page

122 Conventional Home The finished floor of a ~onventional home is to be between 12 inches and 48 inches above the future grade of the frnnt of the home, or less than 18 inches above the FEMA base flood elevation, whichever is more, with the exception that no house shall be required to have a finished floor elevation less than 12 inches above natural grade anywhere beneath the footprint of the house.. The relationship between a garage or carpon and the finished floor of a house stated on ari:hitectural plans may not be used to justify a variance to this requirement. Open areas unde~ elevated homes shall be screened in the front, sides and rear with lattice or louver panels, beams or continuous cunain wall, with the exception that homes on the marsh need only be screened on the front and sides. Patio Homes The finished floor of a patio home is to be placed between 6 inches and 24 inches above the future grade of the front of the home, or less than 18 inches above the FEMA base flood elevation, whichever is more, with the exception that no house shall be required to have a finished floor elevation less than 6 inches above natural grade anywhere beneath the footprint of the house. Flood nsurance The Federal Emergency Management Agency (FEMA) developed the National Flood nsurance Program (NFP) in which Beaufon County panicipates. Private insurance carriers will offer flood insurance for residences in Beaufon County based on zone location, and the elevation of the finished floor of the home in relation to the base flood elevation (BFE) in that panicular zone. Homesite owners buying a home or planning to build a home should contact their private insutance carrier and the Beaufon County Building Codes Administration Office for a full explatiation of the program. Garages/Carports and Detached Structure A garage or carpon is required for every single family homesite. t may be attached or detached, and sized according to the minimum requirement's table. Side or rear loading garages/ carpons are required. Home designs with front loading garages (door opening facing the 'street) or homes designed with a garage located in the rear of the home are allowed provided they meet at least one of the following criteria: The site is wedge or pie shaped such that the street side of the propeny is not sufficiently wide enough to accommodate a typical entry and exit of a side loading garage. This condition typically occurs on cui de sac homesites. When designing for this condition, the garage should be placed to allow at least two cars to be parked outside of the garage and completely within the propeny. The garage is designed with the home, such that the garage door is located equal to or funher back than the front facade ohhe home. This places the garage within the house front setback and the garage setopacks no longer apply in this case. A significant tree or group of trees can' be saved by using a front loading garage. This condition should be approved by the ARB, prior to completing the final design. The home site and design of the home are such that a garage located on the rear of the home would better utilize the home site and! or be more aesthetically pleasing. This condition should be approved by the :ARB prior to submitting the final design., P"lle

123 Locate the garage on the front half of propeny unless a major specimen tree or group of significant trees suppons a variance to tl.is requirement. An unenclosed carpon must have its interior fully screened from street vie,,:"s. Enclosed golf can storage space is recommended. For patio homes, it is recommended that the garage/ carpon structure utilize the privacy wall for one of its exterior walls. See Table 2: Setback Requirements. Mechanical openers are required for gan4;e doors. No other enclosed detached structures, storage buildings or guest houses are permitted. (Open garden structures may be permitted.(vithin the setbacks.) (See "Miscellaneous Site Structures. ") Apanments over garages are permitted ohly on conventional homesites and only if directly accessible from heated and air-condition~d space of the main house. Utilities All services to the home shall He underground. Water and Sewer Service Provided by,the Beaufon-Jasper Water and Sewer Authority. Phone (843) Septic tanks and drain fields are not permitted except as may be allowed by the Declaration of Covenants, 'conditions and Restrictions. Electric Service Provided by South Car61ina Electric and Gas (SCE&G.) Phone (800) Note: Natural gas is not available dn Dataw sland. f the owner elects to use LP Gas, it is recommended that the tank be buriec;l. (See Propane Tanks). Meter Location on Conventional Homes Meters shall be located on the side of the home or back of the home, closest to the supply jtransformer and with consideration for screening. Meter Location on Patio Home Meters ishall be located on the homesite side of the rear privacy wall or on the back of the home near the privacy wall. Meters cannot be located on the blind side or privacy wall toward adjacent propeny, unless a special condition exists and is approved by the Board. Cable Television Cable television is supplied to the homesite. There is no requirement to subscribe to cable television. (See also Antennas). Security and Alarm System nstallation of an approved compatible alarm system is mandatory for all Dataw sland homes. the system must be linked by phone line to the Dataw sland security gatehouse where it is monitored. The system must be capable of being automatically monitored for fire detection and manually capable of sending panic alen signals for medical emergencies or to repon an intiusion using a keypad. Automatic intrusion alarms and monitoring is available but not required. Page 35 '.' 00123

124 ~-.' ~-.' Plan submittals must show security/alarm information and/or diagrams and symbols. Minimum required equipment and wiring must include: One home terminal located within the home. Two key pads (push button arming panels), one located inside the home near the entrance/exit and the other located near the master bedroom/bath area. The system must be operational once the hqme is complete and the certificate of occupancy has been issued. nformation on the compatible and approved security/alarm systems is available from Dataw sland Security. (See rscrow deposit inspection.) Audible Alarms Permitted on the interior of a home only, however, they typically can be heard from outside the home. Flashing Light(s) Flashing lights are permitted on the exterior of a home only for use as emergency fire truck or ambulance signaling devices. Antennas Television and Satellite Dish Conceal all antennas so as not to be seen from anywhere off the property. Direct broadcast satellite dishes must be approved by the ARB prior to installation and placed and! or screened so as not to be seen from off the property. The ARB will process all requests within five working days. The approval process will not cause any unnecessary delay, unreasonable increase in installation cost or unacceptable signal reception. Frequency Modulation (FM), Citizens ~and (CB) and/or short wave radio antennas: Permitted in the rear of conventional fully wooded sites only, but not within 25 feet of any property line nor greater than 30 feet above the ground in height. Roof Guidelines Pitch Extremes in roof pitches for segrhents of a total roof can have positive results. However, best results will be achieved when most of the total roof area is pitched at or between 4 feet in 12 feet and 10 feet in 12 ~eet. Limit extreme pitches to 15% or less of the total roof area. Homes with roof pitches that make it appear as if from another part of the country will not be approved. A 4 feet in 12 feet pitch is the minimum allowed for all except special feature areas of the home. i Attachments Solar panels, roof windows; skylights, etc., may be used if coordinated with the overall design and architectural expreskion of the roof and total home. Roof-mounted mechanical equipment is not permitted.. Materials: Use wood shingles or shakes, slate tile, standing seam metal or asphalt shingles rated 235 bs. or more per square. f shingles are used, it is recommended that mildew page

125 resistant be chosen, when available. Other materials will be considered on a case by case basis. Roof Penetrations Paint vents, exhausts, etc. to blend with the color of the roof. Solatubes Solatubes do not require ARB approval prior to installation if installed properly. Gutters Provide gutters or other water capture and diversion devices, and drainage structures sufficient to control the roof runoff, so that erosion or drainage problems are not created. Chimney All home designs must include:a chimney, which is an architectural element to be shared by every residential structure on,dataw sland, and will serve to give the sland a unique and superior image. A fireplace need not be included. Cupolas Cupola design must be submined and approved prior to installation. Owners are encouraged to consider whether or not cupolas are in keeping with the overall design of the home. Architectural Style Specific designs shall not be prescribed, but homes must impan the feeling that they belong on Dataw sland and in the South Carolina Low Country. The use of features such as wide, heavy roof overhangs; moderate roof pitches; a lot of porch; plenty of decks or veranda; the use of natural materials; and details scaled to the human body; assist in conveying this "Low Country Look.» Dow maintenance should be a consideration for all home and landscaping designs. ' Repetitive Designs Some house designs. may not be approved for a panicular homesite because of too much similarity to homes in, the immediate neighborhood. Homesite owners should make themselves aware of all projects in the surrounding neighborhood to avoid any such difficulty. Design n designing homes for Dataw sl~d, develop efficient floor plans, use materials of high impression value, integrate the latest technology and methods and set a high construction standard. Require that living areas be a delight to be in, and accommodate the accustomed level of entenaining. Base the design on function, but require good quality materials. nsist on careful detailing and human scale in design. Fully int,egrate the surrounding natural environment and "bring the outdoors inside." Ensure comfon in all spaces and remember that design for air movement through the structure will optimize livability. Bringing plenty of natural light inside is recommended. Ensure the design is uncomplicated, requires low maintenance and is energy efficient. Page

126 Materials and Colors Materials Natural materials such as w'1od, stucco, shell and brick, should be used for their blending quality with the surrounding environment. Although manufactured facsimiles of natural materials are generally not approved, certain manufactured composition products may be permitted after the review of samples by the Architectural Review Board. Use plywood siding only when a high quality material is specified and the detailing ensures an aesthetically pleasing solution. f brick is used, it must be a close match to the original "Dataw Brick" in color and finish, and approved by the Architectural Review Board. Samples of acceptable bricks are on display in the ARB Administrator's office. f an alternate brick is proposed for use, the property owner must submit a sample board showing the range of color of the brick for consideration by the Board. Also, a 4 X 6' brick sample panel displayed at the building site may be required. Roofing materials chos~n must be compatible with overall finish materials. No quarried or manufactured stone will pe acceptable material for use in any location on the facade of a home. Colors Samples of all exterior color selections must be submitted to and approved by the Architectural Review Board. The Boardlwill consider for approval color selections that are in harmony with the neighborhood. Finish gutters and down spouts similar to surface to which attached. With approval, they may be colored in such a way as to act as ~, design element in a trim color scheme consistent with that of the building. Window Treatments Drapes, shutters, blinds, (Venetian or other type), etc. shall be lined or finished with the same white or very light neutral color across all four facades. No foil or other reflective material shall be used for sun screens, blinds, shades or other purpose. Temporary Barricades or Storm Shutters Plans for pre-made storm shutters and barricades must be approved by the ARB prior to cohstruction. Such barricades or shutters may only be installed once an official hurricane watc~ has been issued, and may remain three days after the watch or warning has been lifted.,, Typical plywood barricades may be used over doors and windows during the time frames mentioned above without prior ARB approval provided that they do not use any permanent fastening devises or other exterior trim detailed for such installations. Air-conditioning Units Window mounted or through-the-wall air-conditioning units are not permitted. Awnings All retractable or permanent awn~ngs must be approved by the ARB. Muted colors and awning designs that complement the elnerior home design are encouraged. Permanent awning structures are considered part of the roof structure and counted in total roof coverage. p!.ge

127 Patio Home Privacy Wall Hontes constructed on homesites designated as patio homesites are required to have a privacy wall, without openings. (See Table 2 - "Setback Requirements" at the end of this section, and Se<1ion 3.19 of the Declaration of Covenants, Conditions and Restrictions.) These privacy walls,',which must be a minimum of 6', to 8' above finished floor elevation in height, allow for more individual privacy at lower overall COSt, with increased architectural and landscape desigq. flexibility, and better acoustical separation. To allow for additional light to enter a room on the first floor on the privacy wall side without visual penetration into the:adjoining yard, the folowing will be considered: solatubes and skylights, where appropriate, and fixed windows with glass block or opaque glass instaled in them. No second floor opening shall be constructed on the privacy wal side of a patio home that allows visual penetration onto the adjacent property or dwelling. Provide adequate drainage for open'courts between the house structure and the privacy wall. Ensure that a drainage problem is rtot created for the adjacent property., Page 39.' 00127

128 Tables: General Requirements for Home Design TABLE 1: SQUARE FOOTAGE AND GENERAL DESGN PARAMETERS'~ Total heated and air conditioned space** Service yard Covered Parking (Garage or Carport) Total number of stories Maximum height of home Maximum percentage of homesite coverage**** 2nd floor attic windows Highest roof ridge on a 2-story house with a full 2 -story facade Convention~l Designs mnimums: i,800 sq. ft. mru<lmums: Not applicable 48 sq. ft. 2 cars 33 feet*** 4,500 sq. ft. with the possibility of approval of a variance of-up to 30% of lot area for lots more than 15,000 sq. ft., Patio Homes mimmums: 1,400 sq. ft. mru<lmums: Not applicable Not applicable 2 cars, and must be in proportion to the size of the house 2 28 ft. above approved finish floor elevation 3,000 sq. ft., and all space on the second level with 5 feet or higher clearance is limited to 40% of the lot coverage of the first level ***** Dormers encouraged on street side Cannot run unbroken if it runs parallel to the front and rear faces of the structure, or on lots with viewable sides, if it runs parallel to the sides - Unique homesite areas, including Big Dataw Point, Chicora Poim:.Curisha Point, North Boone Road, Palmetto Point. Pee Dee Point, The Point, Reeves Point. Sparrow Nest Point, Cochrane's Court on Rowland Drive, and certain lots on the Eastern side of Locust Fence Road and Northern side of Rowland Drive, may have "Special Conditions." Please seeappendicesb -L for mare infonnation. Where special conditions are not noted, the above parameters apply. tot Heated and air<onditioned space shall be measured from outside Of exterior wall to outside of exterior wall, counting stairways only once, ex~pt for open or closet areas beneath stairs. ***Measured from proposed grade or 3 feet below FEMA required firyished floor elevation, whichever grade is higher. A proposed grade should ~ consicu:red to be the highest point of the finished grade of the home, and this must be marked on all plans.... >fo.. By all structures greater than 5 feet above a finished grade. *.. *** First level vaulted ceilings that extend into the second level will be counted as pan of the 400/0. (Second level 40% rule, does not apply to patio homes in "Special Condition" areas.) Page 40, 00128

129 TABLE 2:', SETBACK REQUREMENTS" Conventional Homes Patio Homes Main house front setback 35 feet 25 feet Main house rear setback (except marsh or deepwater site) 25 'feet 15 feet Garage/ Carport front setback 15 feet o feet Side yard 15 feet 3 feet on a privacy side; 7 feet on an open side Privacy Wal Not applicable,'* i * Unique homesite areas, including,big Dataw Point, Chicora Point, Curisha Point, North Boone Road, Palmetto Point, Pee Dee Point, The Point, Reeves Point, Sparrow Nest Point, Cochrane's Court on Rowland DriVe, and certain lots on the Eastern side of Locust Fence Road and Northern side of Rowland Drive may have "Special Conditions." Please see Appendices B. L for more information. Where special conditions are not noted, the above parameters apply. ' ** Privacy walls must be continuous and extend in the front (street side) equal to or further. than the front facade of the home, g~age or furthest front structure. The rear of the privacy wall must extend 10 feet beyond the furthest part of the rear facade of the home on the privacy wall side, or at least 90 feet b~ck from the front site corner property pin, whichever, is less. However, the ARB may require the privacy wall to be extended up to 10 feet on the rear facade to provide privacy to the neighbors as contemplated herein. t is recommended that the garage/carport structure util~ze the privacy wall for one of its exterior walls. Page

130 DOCK DESGN Approval Process A property owner who wishes to build a private dock shall file an application for an Abbreviated Review with the ARB Administrator to begin this process. The approval of the Architectural Review Board shall be secured prior to the property owner contacting OCRM for a permit. Roofed structures or gazebos will not be allowed on or as part of the dock design. n addition to ARB approval, all ~ocks must have all applicable federal, state and local permits prior to construction., When final drawings are approved' by all agencies, the owner shall submit a copy of the approved drawing to the ARB for file retention. Shoreline Vegetation Remove no shoreline vegetation root system. Only minor necessary pruning for construction of a walk way is permitted. Dredging or excavation is not permitted. ' Page

131 VARANCES AND APPEALS Variances Variances to design criteria contained in these Design Guidelines may be granted only in the following instances: ; t is shown that the intent of the" Architectural Standards and Use Restrictions" as descrihed in Part, Section C, of die Covenants is better met by allowing the requested deviation from standard. t is shown that the variance will help achieve a more felicitous design for the proposed project, and for the development,, than could otherwise be achieved. Appeals Appeals on any decision of the Architectural Review Board should first be presented to the Architectural Review Board in a written request for reconsideration. The reasons for reconsideration should be stated in the written request. The board will not consider input or opinions from the adjacent or nearby property owners. Prior or existing approvals or variances foj; similar projects or issues are not precedent setting and will not bind the Board into a like or similar decision. The next level for appeal is to the Dataw sland Owner's Association, nc., Board of Directors. Fines for Violations of Policies, Rules, Regulations or Covenants Fines may be levied when a property owner or general contractor violates any policy, rule regulatlon or covenant of Dataw sland. A SCHEDULE OF FNES S AVALABLE FROM THE BOARD'S ADMNSTRATOR Page 43 (H)131

132 P,age 44, On132

133 Construction Requirements i,

134 BEFORE CONSTRUCTON Enforcing Construction Requirements Propeny Owners are responsible for enforcing all regulations contained herein. Advise all contractors of these requirements. t is recommended that a copy of this Construction Requirements section be given them. Construction personnel in violation of these requirements will be denied access to the sland. Complete the following requirements before beginning work or authorizing contractors to begin work. Water Meter Provide a copy of the receipt from the Beaufon- Jasper Water & Sewer Authority showing application has been made for a water meter and service. Such receipt should be given to the ARB Administrator. Sewer Hookup Payment of the sewer hookup or tap-in fee must be paid to Beaufon-Jasper Water & Sewer Authority prior to the stan of construction. Temporary Construction/Homesite dentification Sign Contact the ARB Administrator to order this sign prior to beginning construction. (See Appendix A for specifications.) Posting of Permits nstall the Beaufon County Building Permit on the back of the temporary construction homesite identification sign. When issued by the Architectural Review Board, Dataw sland Security will install the Dataw sland Building Permit on the back of this sign also. Both permits must be weatherproofed and maintained for the duration of the project. Place emergency phone numbers and names of at least two construction company personnel within the waterproof covers. Dataw sland Gatehouse The Gatehouse is staffed 24 hours a day, and is established at Dataw sland for the protection of propeny owners and guests against undesirable intrusion, theft, vandalism, etc. Dataw sland Security has full authority to allow or deny access onto the sland. Contractor Passes Contractors, suppliers, delivery men, subcontractors and other related construction personnel are considered guests of the project they have been hired to work on, and as such, are continually subject to the stipulations of these Construction Requirements. The procedures for obtaining access to Dataw sland are as follows: New Home Construction t is the responsibility of each contractor to apply to Dataw sland Security to arrange for Contractor's Passes in accordance with the procedures and fees in effect at the time. Passes are good for travel to and from the construction site only, and vehicles found elsewhere may be esconed from the sland. Passes will be dated and will be reissued as necessary by Security. Page

135 Sales, Measurement or Job nspection Visit Property Owner or the General Contractor of the construction site must specifically arrange at the Gatehouse for such visits on a case by case basis. Physical Materials Delivery All commercial vehicles entering Dataw sland must obtain a commercial vehicle pass from D~taw sland Security. Daily passes may be obtained through Security also. When entering the gate, drivers of delivery vehicles must produce a bill of lading which identifies the project name or General Contractor's name. Materials to be delivered must be shown to the gatehouse Staff upon request. Directions: Security personnel will provide directions to suitably identified job sites. Gate Rules: ncoming Vehicles All incoming vehicles must stop at the security gatehouse for registration or identification by the security attendant. Outgoing Vehicles All outgoing jrehicles must stop at the security gatehouse until recognized by the security attendant and signaled to exit. Expired Passes Drop expired 8asses at the gatehouse upon leaving the sland. Pick up renewal passes at this time if provided for. Searches Security personnel may conduct random or concentrated searches of vehicles at the gatehouse, or anywhere on Dataw sland. Ensure all materials and tools stored in such vehicles are accounted for. Commencement and the Term of Construction The Property Owner, or Contractor as his Agent, shall notify the Architectural Review Board in advance of the designated construction start date. ' Term of Construction A consttuction project must be completed within12 months of commencement. See Section 10.~4 (c) of the Declaration of Covenants, Conditions and Restrictions. Commencement of Constructiort Construction must begin within six months of the date that the Architectural Review Board granted approval of the plans and specification for the project. See Section of the Declaration of Covenants, Conditions and Restrictions. Term of Landscape nstallation The property owner must complete all landscape installation within 90 days of the issuance of the Certificate of Occupancy for related structure. See Section of the Declaration of Covenants, Conditions and Restrictions. Compliance with Approved Plans and Specifications Per Section of the Declaration of Covenants, Conditions and Resti:ictions, representatives or agents of the Architectural Review Board have the right, bu~ not the obligation, to enter upon and inspect any Page

136 , construction under way, during reasoaable hours, to determine whether or not the plans and specifications being followed were approved, and if approved, are being complied with. ; f all plans and specifications werel not followed, or other than approved plans and specifications were followed, the applicant shall appear before the Architectural Review Board to explain the circumstances of the noncompliance with the Dataw sland Design Guidelines. Following the applicant's appearance, the Architectural Review Board shall vote on whether the intent of the Design Guidelines wds violated or not. f the Architectural Review Board determines that they were violated, the differences will be ordered corrected. Changes proposed during construction as identified in Part, must receive Architectural Review Board approval prior to impldmentation. Also, if removal of additional native trees becomes necessary, field review and approval by the Architectural Review Board is required. (See also "Escrow Deposit nspectionj) Page 47

137 DURNG CONSTRUCTON Conform to the following requirem,ents during construction: Working Hours Monday through Friday 7:00 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 5:30 p.m. Sunday None Access may be denied construction personnel outside the times listed above without special permsson. Non-Work Days The following days are non-work days, and no construction is permitted on Dataw sland during those days without exception: Easter Fourth ofjuly Thanksgiving Christmas Noise Control Do not start equipjent, hammers, etc., outside of normal working hours. Shut off construction equipment when not in use. No construction noise is permitted on Sundays or other designated non-work days. Equip motor-driven equipment with proper mufflers. Control volume on radios so' that they cannot be heard off the job site. Dust Control Ensure construction operations do not generate noticeable increases in dust from the project site. Spray operati~ns with water to minimize dusty conditions. Erosion Control Take precautions to control erosion and maintain effort throughout duration of project. Erosion screen and straw bales shall be installed in accordance with the ARB specifications where there is a potential for sediment to leave the site. Clean all streets, pipes, storm drains, common property and private property of sediment originating from site. Fire Regulations Unattended Fire Do not permit unattended fires of any type, including those in 55 gallon drums. Construction personnel allowing unattended fires may be permanently barred from access to the sland. Flammable Materials Keep at an absolute minimum and ensure such materials are properly handled. Do not store flammable materials on site. ; i Structure Fires Structures that have burned shall be totally secured from a safety standpoint within three working days from date of fire. Completely remove same as soon as legallypermitted. Page

138 Protection of Property Resident Safety Protect curiosity seekers, and against potential lawsuits, by covering over openings, and providing barricades,llights, signs, posts, fences, enclosures, etc., to warn of dangerous conditions, while the project is unattended. Adjacent Property Protect privje property from damage of any kind. Construction personnel are responsible for damage caused by construction equipment, vandalized use of construction equipment, and employees. Promptly repair same. Damage to Common Property Damage to curbs, streets, bicycle/cart paths and other common property will be repaired ~o a condition equal to that before the damage. Tree Protection Only trees markld for removal shall be removed. Protect remaining vegetation during construction. Construction Personnel Conduct ngress and Egress Arrive during working hours only. Access is permitted to the specific construction site only. Driving about the sland is not permitted. Construction personnel may be denied access to the on non-work days and outside bf working hours. Common area bicycle/cart paths and golf course cart paths are closed to all vehicles regardless of site access problems. Job Site Ensure orderly conduct among workers while on the sland. Wear proper dress including shirts and shoes at all timjs. Use of Dataw sland Facilities Jataw sland facilities are not available to construction personnel. Pets Absolutely no pets will be allored to be brought on Dataw sland by contractors, subcontractors, workmen, material salesman or any other construction or service related personnel. Speed Limits The maximum allov.;able speed on Dataw sland is 30 miles per hour, and construction personnel are to adhere to all posted speed limits. Violators may be denied access to the sland. The South C~rolina Highway Patrol, the Beaufort County Sheriff's Department, and Dataw sland Sec~rity have permission to enforce traffic laws on Dataw sland. Page

139 Parking Park construction vehicles and vehicles ;of construction personnel within the limits of the property. Ensure ground level vegetation is not destroyed by such actions. Exceptions for parking off the property must be approved by the Dataw sland Security. Storage of Materials Keep stored materials within the project's property lines in a neatly stacked, clean and organized fashion. Derelict Equipment mmediately remove broken, down, derelict or non-functioning equipment from the sland. Temporary Structures, Offices and Sheds Optional, not to exceed 8 feet by 10 feet. Remove when no longer needed. Must be locked, vandal-proof, and of neat appearance. Dumping and Debris On-sland Dumping sites are not available on dataw sland.. Commercial Dumpster (Or other suitable dumping containers and procedures). One per job site is required. Dump as often as necessary to k~ep the job site reasonably clean on a daily basis. Job-Site Untidy job sites create negative impressions, in visitors and property owners. As a result, trash thrown about the site or in open piles is strictly prohibited. Remove crates, cartons, trash, and other flammable waste from v{ork areas at the end of each working day. Roadways Take care that debris is not allowed to fall out and litter the streets or roads. Concrete Concrete trucks shall clean their chuteslso that water and concrete debris is totally within the confines of the project's property lines and nowhere along the roads leading to the sland or the job-site. Toilets Provide one portable toilet for use by construction personnel per job site. Locate at least 20 feet from nearest street, golf cart path and golf course fairway in an inconspicuous location, and face the door away from the street ahd adjacent lots, and toward the job-site. Temporary Services Property owner, or the cont}actor acting as his agent, is responsible for arranging for his own service connections. Potable Water Contact the Beaufort-Jasper Wat~r & Sewer Authority. Electric Service Contact South Carolina Electricland Gas. Sewer Contact the Beaufort-Jasper Water & Sewer Authority. Page 50 0(1139

140 Under no circumstances is it permitted for a contractor or property owner to borrow, temporarily tie into, or hookup to water or electricity from a nearby home or property.! Hurricane Procedures Upon notification of the establishment of a "Hurricane Watch" condition for Beaufort County by the National Weather Service, the Contractor shall stack all lumber and other building materials, tie them together and stake them down, or move them inside. All scrap and other loose material not tied down shall be cleaned up and removed from the sland. All openings in :buildings under construction shall be boarded up or closed in a substantial manner. All porches or open covered areas not completed shall be braced and strengthened. This storm preparedness may be inspected by Dataw sland personnel to ensure compliance with this section. Any deficiencies noted shall be corrected immediately. Upon notification of the establishment of a "Hurricane Warning" condition by the National Weather Service, the contractor shall corrlplete the above work and move all of his major equipment off the sland, or locate it dn high ground as designated by Dataw sland personnel. He shall then remove all personnel from the sland until the" all-clear" is given by the National Weather Service. PageS! 001<10

141 AFTER CONSTRUCTON Final Field Review/Escrow Dep~sit nspection The Propeny Owner, or Contractor as his Agent, shall notify the ArchiteCtural Review Board when construction and landscaping have been completed and are ready to be inspected, and furnish a copy of the Cenificate of Occupancy to the ARB Administrator. All building and landscape debris from the job site and surrounding area, the temporary toilet, and the temporary power pole, must be removed... pror to nspecton., Architectural Review Board Representative(s) or Agent(s) will conduct a final field review of the project to verify that all plans and specifications and only approved plans and specifications were followed. f all construction and landscaping ate in accordance with plans as approved by the ARB, and Dataw sland Security verifies that the home's security system is working properly, the ARB Administrator will send a letter to Dataw sland Accounting requesting release of the escrow deposit to the propeny owner. f the field inspection reveals that significant changes from the ARB approved plans have been made, the contractor will be ask~d to furnish a set of as-built drawings for review by the Architectural Review Board prior to, its next meeting. When a decision is made as to whether to accept or reject the plan, before action is taken by the ARB, the as-built plan and ARB,recommendation will be sent to the DOA Board for review. Page

142 l~di~~~~ Appendices Page 53

143 APPENDX A SGN SPECFCATONS AND DETALS Dataw sland buyer identification sign This sign is optional at the desire of the property owner. To be located with the face of the sign parallel to the street side prbperty line, center point of the homesite, 15 feet from the curb or street edge or on the street side property line, whichever is greater. This sign is to be installed at a height of approximately 24 inches above the ground level. This sign will be installed when ail agreement is signed to purchase the property and removed when construction begins. Temporary construction/home~ite identification sign To be located with the face of the sign parallel to the street side property line, approximately center point of the homesite, 15 feet from the curb/street edge or on the street side property line, whichever is greater. This sign is to be installed at a height of approximately so inches above ground level. ; Before construction begins, the c9ntractor should forward a sign request in writing to the ARB Administrator, who will order the sign, and advise the contractor when it is ready for pickup and installation. This sign remains the property of DOA, and when the Certificate of Occupancy is received, the contractor should remove the sign and return it to the ARB Administrator's office. Absolutely no other signs for contractors, architects, banks, subcontractors, services and suppliers will be permitted on Dataw sland. Page 54., 00143

144 - ~ vi ~i1t [..t.h""lf..'7 "DA-rt~ -gl.~ - ~va/"'1l:> () {l "AL-'f 1l-JMc. 4 ()-rfftt.-, 'D/'fZ./! R. 1'1-A-AJ l'm~fz...~. BUYER DENTFCATON SGN ( 7"." 0 t) 14 4

145 TEMPORARY CONSTRUCTON/LOT DENTFCAT~ON SGN, A. Letter Form: capita~ letters only. B. Character St.,le: Hel.Jetica Medium. C. Backqround Color: Dark Blueish Purple. equal to Pantone #275.! D. Color of Characters, isvrnbols, anc Borcer: White, Off-White of very light neutral. Z1q" fj/ (g" (0" (P" (;" ';:'~:i!!:-.r-:==~/~======!=-~=------'----_--:-:: --:11 ~f= ~- - OWNER: ~-= LOT OWNER(S) NAME - BULDER i NAME OF BULDER CTY, STATE a (A.C.) :~O~"E NU~BER ~ Lor, ' n ~ ~ L 00145

146 ,,APPENDXB Special conditions to the Design GJidelines for Big Dataw Point (Lot #s 1-31) 1.. D. V. V. V. V. V. X. X. X. X. XD. XV The street side setback shall bel a minimum of 20 feet. The side setback shall be 10 feet for sites 5, 6, 7, 27, 28, 29, 30, and 31; for all other sites, it shall be 15 feet. The rear setback for homesites 1-18, and 25-31, shall be 25 feet for exterior walls of the home, and 20 feet for all structures, such as steps, landscaping and ground level patios. The rear setback for ho$esites shall be 35 feet for the exterior wall, and 30 feet for all structures, including steps, landscaping and ground level patios. There are no maximum heated and cooled square footage requirements, however, the minimum square footage requred is 1,800 square feet. Maximum site coverage is 30%. Garages shall be two car minimums. Carports are not allowed. Slab or raised slab foundations are encouraged. Driveways shall be asphalt or 4" X 8" concrete pavers in approved colors only. Roofing material shall be Elk Ptestique Plus in Forest Green for the body of the roof. f this material is unavailable, bnly the ARB specified replacement standard may be used. Another roofing material in the same color may be considered by the ARB for use on small accent areas. The minimum allowable roof pitch is 6/12 feet, and the maximum is 9/12 feet. These pitches do not apply to porches, dormers, and connectors. Siding shall be 4" reveal horizontal lap siding. Material may be concrete impregnated fiber board or natural wood.! Windows should be double hung. Transoms are permitted. Shutters are encouraged, and must have operable hardware. Selection from approved colo~ palettes for exterior colors is encouraged, and is available from the ARB Administrator. Landscaping is required on 1001"0 of the property and right of way. At least three specimen trees of 12 feet or greater height are required, one of which must be a live oak (Quercus virginiana.) Approyable specimen trees are those species as identified by the Beaufort County Zoning & Development Standards Ordinance, and are limited to: Dogwood, Redbud, Southerh Magnolia, American Holly, Bald Cypress, Beech, Black Oak, Black Tupelo, Cedat, Hickory, Live Oak, Palmetto, Pecan, Red Maple, Southern Red Oak, Sycamore, dr Walnut. All other aspects of design not referenced above are covered by the Design Guidelines. Page

147 APPENDXC, Special conditions to the Design Guidelines for Chicora Point (Lots ). A privacy wall is not required for 'site Privacy walls for sites must be located on the south side of the 'property. Privacy walls for sites must be located on the north side of the property. Requirements for extensions to privacy walls will be waived on a case-by-c~e basis due to the expected offset placement of the homes.. A privacy fence must be built and maintained at the expense of the developer on site 5009 along the southern property line in order to provide privacy separations between 5008 and This fence must be at least 100 feet long and six feet high.. No maximum heated/cooled square footage is specified, however, the maximum allowable lot coverage is 3,200 squjre feet or 40 percent (40%) of the homesite area, whichever is smaller. : V. All other aspects of design not referenced above are covered by the Dataw sland, Design Guidelines.,,, Page 56, 00147

148 APPENDXD Special conditions to the Design Guidelines for Curisha Point (Lot #s )... V. V. V., Privacy walls and extensions on homesites inclusive will be located on the south side of each propeny. Privacy walls and extensions on homesites inclusive will be located on the nonh side of each propeny. Homesite 1572 will require a privacy wall on the east ~side. Privacy walls will not be required on 1552, 1563, 1571 and The ARB reserves the right to require some form of screening to maintain privacy between homes. No maximum heated and cooled square footage is specified, however, the maximum allowable lot coverage is 3,200 sq~are feet or 40 percent (40%) of the homesite area, whichever is smaller. The set back from the rear (marsh',side) propeny line will be 20 feet. Home placement should conform to the expected or existing placement of adjacent homes, which will be referenced during the review process. This allows for softening of extreme propeny dimension differentials. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. ' Page 57, O(l14R

149 APPENDXE Special conditions to the Design Guidelines for North Boone Road (Lot #s ). A privacy or blind wall (no extensions necessary) will be required on homesites 361, ll. 362 and 363. The privacy wall will be on the east side of each home. No privacy walls are required ort homesites 360 and ll. No maximum heated/cooled square footage is specified, however, the maximum allowable lot coverage is 3,200 square feet. V. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page 58 onh9

150 A!PPENDXF, Special Conditions to the Design Guidelines for Palmetto Point (Lot #s ). Privacy walls and extensions on homesites and inclusive, will be located on the east side of each ~roperty.. Privacy walls will not be requireq on 1501,1512 and The ARB reserves the right to require some form of screening to maintain privacy between homes.. No maximum heated/cooled square footage is specified, however, the maximum allowable lot coverage is 3,200 square feet or forty (40%) percent of the homesite area, whichever is smaller. i V. The set back from the OCRM line shall be 25 feet. V. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. i, 'Page 59

151 APPENDXG Special conditions to the Design Guidelines for Pee Dee Point (Lot #s ).. ill V Side property setbacks are 20 feet. No maximum heated and cooled sqhare footage is specified provided the home meets the remaining guidelines for heightl setback and site coverage. Privately owned light posts are exempt from shielding and incandescent wattage requirements.! All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page

152 APPENDXH Special Conditions to the Design Guidelines for The Point (Lot #s SO - 55). Certain live oaks in this area shall be saved, if possible and practical. (See ARB Administrator for details.) n order to preserve as many additional trees as possible, 2 or 2 l-2-story home designs are encouraged.. Side and rear setbacks remain the same as in the Design Guidelines with side setbacks set at 15 feet and rear setbacks at SO feet.. No specific maximum sq~are footage is established. Maximum site coverage is 30%. V. The southern side setback for homesite #50 is 60 feet as it intersects to a SO' setback, from the southeast corner property point. This setback benefits all Dataw sland Club members by providing a view of Jenkins Creek and its marshes. V. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page n152

153 APPENDX Special conditions to the Design Guidelines for Reeves Point (Lot #s ). Homes must meet one of the following criteria: exceed A. No maximum heated and cooled square footage is specified if home meets the remaining guidelines for patio'lots as to height and setback, and does not 30% total site coverage. OR B. The total site coverage of 30% may be exceeded if the site coverage does not exceed 3,200 square feet.. Home placement should conform tb the expected or existing placement of adjacent homes.. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page 62 ': 00153

154 APPENDX] Special Conditions to the Design Guidelines for Sparrow Nest Point (Lot # ).. m. V. v. Minimum square footage for heated! cooled areas will be 2200 square feet. No residential structures Qiving areas) will be permitted in the pole areas of the flag homesites (Lot #s 6012, 6013, 6014, 6017, 6020, and 6021) unless the pole area is greater than 85 feet wide. The Board will consider some type of buffer on homesites backing up to roads and patio homesites in this area of the island. Homesites in this area which back onto sland Circle West will be permitted to have driveway entrances off sland Circle West. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page

155 , APPENDX K Special Conditions to the Design Guidelines for Cochrane's Court on Rowland Drive (Lot,#s 70-91).. m. V. V. V. V. V. X. x. X. Side setbacks are 10 feet. Setbacks from the street side are 0 feet for the garage and 25 feet for the house. Rear setbacks are 15 feet. There are no maximum heated and cooled square foot limitations. However, the site coverage is limited to 30%. The maximum area of the second story of the house having 5 feet or more of the height is limited to 50% of the area 'of the first story. One completely detached structure~(in addition to the garage) is permitted Detached garages may be one-storyionly. Garages may be located anywhere on the home site within the setbacks. Lanai pool insect screened enclosur~s are permitted provided that they are not visible on the street side and street elevation views. Rear constructed pools must be landscaped to shield visibility from the golf course. All other aspects of design not referenced above are covereq by the Dataw sland Design Guidelines. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. ' ;Page 64.. : 00155

156 . APPENDXL Special Conditions to the Design Guidelines for certain lots on the eastern side of Locust Fence Road (Lot #s ), and the northern side of Rowland Drive (Lot #s ). No maximum heated/cooled square footage is specified, however, the maximum allowable lot coverage is 3,000 sq~are feet.. All space above the first level of a home or garage with 5 feet or higher clearance is limited to 40% of the lot coverage of the first level. This criterion applies to single story structures (including garages) as well as two story structures. First level vaulted ceilings that extend into the secopd level will be counted as part of the 40%. (plans must delineate areas with 5 feet or higher clearance.). Two-car garages or carports are required, and the size of the garage must be in proportion to the size of the ho~se. V. The use of dormers for windows installed in attics on the street side is encouraged. V. All other aspects of design not referenced above are covered by the Dataw sland Design Guidelines. Page

157 - i i ndex Page 66, ""157 - i i ndex Page 66, ""157

158 A Additions to existing homes, 17, 18 Air-conditioning units, 28, 38 Alarm systems, 35 Antenna, 36 Apartments, 35 Appeals, 43 ARB abbreviated review, 8, 17 ARB Administrator, 7, 8, 9, 10, 12, 14, 16, 17, 18,24 ARB agenda, 10, 12 ARB application, 10, 12, 17 ARB fees, 10, 12, 17 ARB acceptance review, 8, 12 ARB material submissions, 8, 10, 14, 19 ARB meeting project decision, 15 ARB members, 7 ARB preliminary review, 8, 10 ARB required submissions, 10, 12, 17 ARB review process, 8-18 Architectural drawings, 10, 12, 13, 17 Architectural style, 37 Awnings, 17,38 B Banners, Flags, 17,29 Basketball hoops/poles, 32 Beaufort-] asper Water & Sewer Authority 28, 50 Beaufort Cty. Bldg. Codes Office, 17,21,34 Big Dataw Point, special conditions, 55 Birdbaths, feeders, 17,31 Bluff, The, 33 Brick, 38 Building equipment, 50 Bldg. materials, construction site, 48, 50 Bldg. materials, selection of, 28,29,30,31,36, 37,38,39 Buyer identification sign, 31, 54 C Cable television, 35 Cannery, 3 Ceiling fans, 22 Certificate of Occupancy, 16, 26, 35, 46, 52 Changes, after final approval, 19 Changes, landscape plan, 18 Changes, not requiring approval, 19 Chicora Point, special conditions, 56 Chimney, 13, 19, 37 Climate, 22 Clothesline, 31 Clubhouse Complex, 3 Cochrane's Court, special conditions, 64 Colors (exterior), 38 Color changes, existing homes, 17 Color samples, 14 Common property, 28, 49 Community concept, 3, 9 Compliance with approved plans, 16, 35, 46, 52 Compressor, Air Conditioners, 28 Concrete, 19,28,50 Consent to construct, 16, 18 Construction changes requiring approval, 19 Construction changes not req. approval, 19 Construction commencement, 46 Construction consent, 16, 18 Construction personnel conduct, 49 Construction requirements, 45 Construction sign (temporary), 31,45,54 Construction terms, 46 Contractor passes, 45 Conventional homesites, 26,29,31,33,34,40, 41 Cupola, 37 Curisha Point, special conditions, 57 ""00158

159 D Dataw sland amenities, 3 Dataw sland background, 2 Dataw sland Building Permit, 16, 45, Dataw sland Owners' Association, 5 Decks, 13, 14, 28,31,37 Deer, 27,29 Design {homes), 37 Detached structures, 34, 35, 64 Directions, from gate, 46 Docks, 42 Drainage, 12, 13, 23, 24, 37, 39 Driveway, 13, 14, 16,23,27,28,29,55,63 Driveway approach, 28 Dumping, 50 Dumpster, 50 Dust control, 48 E Earth mounds, 24 ; Easements, 12, 32 Eastern side of Locust Fence and Notrhern side of Rowland drive, special conditioris, 65 Electric fences, 27! Electric meters, service, 35, 50 Elevated homes, open areas under, 34 ' Elevation, exterior view, 10, 13, 17, 18, Elevation, finished floors, 13, 19, 34, 39, Elevation, grade, 22 Erosion control, 15, 16, 18,48 Escrow compliance deposit, 16 Escrow compliance deposit inspection, 47, 52 Exterior lighting, 13, 14, 17,29,30 ' F Fairways, The, 33 Fees, 12, 17, 24 Fences, electric, 27 Fences, gates, screen wall, privacy walls; 13, 14,29,32,41,56 Field layout, staking and eroson control, review 15, 16, 18, 48, 52 Fines, 43 Finished floor levels, 13,19,34,39 Firewood storage, 31 Fire regulations, 48 Fitness center, 3 Flags, flag poles, 13, 29 Flammable materials, 48 Flood insurance, 34 Foundation planting, 26 Foundation requirements, 33 Fountains, fish and reflective ponds, 17,30 G Garage, carport, 13,34,35,40,41,55,64,65 Gatehouse, 35, 45 Gate rules, 45 Golf course, 3 Grading, 4, 13, 23 Growing plots, 3 Guidelines, purpose, 5, 8 Gutters, 37,38 H!fardscape, 14, 26!feated and cooled sq. ft., 13, 40, 56, 57, 58, 59,60,62,63,64,65!feight, overall home, 40!fome design, preliminary review, 8, 10 Home design, acceptance review, 8, 10, 12 Home garden, 27 Home placement, 33, 41, 57, 62 Homesite combining, 33 Hot tubs, 17,31 House numbers, signs, 30 Hurricane barricades, 38 Hurricane procedures, contractors, 51 HVAC, 28,38 ndigenous plants, 27 rrigation, 27, 28 J Job site maintenance, 50 L Landscaping, when approval not required, 26 Landscape completion requirement, 46 Landscape design, 14, 18,23,24,25,26,27,28, 55 Landscaping easement,

160 Landscape intensity, 26 Landscape plan, 14, 18, 26 Landscape submittals, 14 Library, 3 Lighting, exterior, 13, 14, 17,29,30 Log storage, 13 Lot coverage, see site coverage M Mailboxes and message boxes, 30 Marina, 3 Marsh setbacks, 21 Material samples, 14 Materials delivery, 46 Meter, location, 35 Meter, water, 45 Meter, water for irrigation, 28 Miscellaneous site structures, 31 Multi-family designs, 33 N Natural environment, Dataw sland, 21 Neighbor notification, 16 Noise control, 48 North Boone Road, special conditions, 58 o Ocean & Coast. Res. Mgt. Line & Permit, 21~ 42, 59 p Palmetto Point, special conditions, 59 Parking, 29,40, 50 Parking, construction vehicles, 50 Passes, contractor, 45 Paths, 3,28 Paths and trails, unpaved, 29 Patio homesites, 18,27,35,39,40,41 Patio homes, second level, 14, 40 Pee Dee Point, special conditions, 60 Permits, 16,21,4245 Pets, 29,49 Physiography, 22 Plaques, name and number, 30 Ponds see pools, reflective Pools, clubhouse, 3 Pools, reflective, 30 Pools, swimming, homesites, 17,31,64 Porch enclosures, 17, 18 Portable toilets, 50 Privacy wall, 13, 33, 35, 39, 41, 56, 57, 58, 59 Privacy wall dimensions, 39, 41 Private construction, 45 Project acceptance, 15 Project file, 19 Project rejection, 15 Propane tanks, 17,31 Protection of property, 49 R Recreational activities, 3 Recycling bins, 32 Reeves Point, special conditions, 62 Reflectors, 29 Repetitive home designs, 37 Resident safety, 49 Roof, guidelines, 36, 37, 40 Ruins, 3 s Salt water marshes, 21 Satellite dishes, 17, 36 Sculptures, 31 Security system, 35, 36 Service court/yard, 31, 32, 40 Setbacks, 21,23 Setback requirements table, 41 (also see appendices B - L) Sewer hookup, 45 Sewer service, 35, 50 Shutters, 17 Siding Materials, 14, 38 Signs, 31,54 Single family home design, 33 Site coverage, 13, 18,40,55,56,57,58,59, 61, 62 Site details, 13, 18 Site elements, 23,28, 32 Site elevations, 13, 17 Site photographs, 13, 18 Site plan, 13, 17, 23 Site survey, 12, 17 Sketches, 10, 13,

161 Skylights, 36, 39 Solar panels, 36, 37 Sparrow Nest Point, special conditions, 6~ Specimen trees, 24, 55 Speed limits, 49 Square foot chart, 13, 19 Square foot requirements, 40, S5-{'S Statues, 31 Storage bin, 13, 31 Storm shutters, 38 Structure fires, 48 Suppliers, vendors, 45 Swimming, 3 Swimming pools, 17, 31 T Television antenna, dish, 36 Temporary structures, 50 Tennis, 3 The Point, special conditions, 61 Toilets, portable, 50 Trash can storage, pick up, 32 Tree protection, 24,49 Tree removal, 24, 25, 49, required, 25 Tree violation, 25 Tree survey, 12, 17,23 u Unattended fires, 48 Utilities, 4, 35 Utility easement, 32 v Variances, 43 Vehicle searches, 46 Violations, 43 w Water and sewer service, 4, 35, 50 Water meters, 45 Weathervanes, 31 Wells, ground water, 28 Wind chimes, 31 Window treatments, 38 Windsocks, 31 Working days, hours, 48 y Yard Art, ornaments, 17, 31 z Zero lot line, 33 TABLES: General Requirements for Home Design 1:Square Footage & General Design Parameters, 40 2:Setback Requirements, 41 APPENDCES: (Special Conditions to the Design Guidelines for... ) A. Sign Specifications, 54 B. Big Dataw Point, 55 C. Chicora Point, 56 D. Curisha Point, 57 E. North Boone Road, 58 F. Palmetto Point, 59 G. Pee Dee Point, 60 H. The Point, 61. Reeves Point, 62 J. Sparrow Nest Point, 63 K. Cochrane's Court on Rowland Drive, 64 L. Certain lots on the Eastern side of Locust Fence Rd. and the Northern side of Rowland Drive,

162 DA 11' A W SLAND ARCHTECTURAL REVEW BOARD APPLCATON Homesite #, Property ()wner! Dataw Address L ~Applicllltion Date Type of Review: Final Re~iew ( ) Preliminary Review ( ) Abbreviated Review ( ) Type of Homesite: Patio () Conventional ( ) Model, Property ()wner's Name and Current Address Contractor's Name and Address! Phone:,...c FAX : Phone:, FAX: Project Type: New Home and Homesite () Cbange to Existing Property ( ) Homesite mprovement Only ( ) Existing Home mprovement ( ) Description of the project. (f a preliminary review is requested, indicate the type of feedback desired.), Variance requested/justification: f a home, heated/cooled square :rootage: (~" floor) (2 n floor) Total square feet of 1st floor ROOFED area, both heated and unheated: (nclude all heated area and garages, porches, storage area, etc.) f a patio home, square feet of 2nd level with a clearance of 5 feet or higher: = Total 2 n level. SF (>5'), = = TotalHlC SF Total Site Coverage The following required property data, projectlplans, drawings, specifications, supplemental information and fees are submitted with this plan: Tree Survey () Site Plan ( ) Architectural Drawings ( ) Site Survey ( ) Site Details () Landscape Plan ( ) Other () Final Review Fee: ($1,180) () Abbreviated Review Fee ($150) ( ) Note: An additional $2,500 refundable escrow compliance deposit must be submitted after a plan is approved, and before constructon. commences.' ' PLEASE MAKE CHECKS PAYABLE TO THE DATAW SLAND OWNERS ASSOCATON 00162

163 DATAW SLAND ARCHTECTURAL:REVEW BOARD APPLCATON - page 2-, Homesite # froperty Owner EXTEROR BULDNG MATERALS AND COLORS TEMS MATERAL COLOR DESCRPTON Walkway ServiceCourt. ~ Driveway Siding* Roofing* Brick* Stucco Deck Ext.Lighting +- Trim* Ext Doors* Windows Chimney Shutters* Other *Please provide color samilles with your application. This application is submitted with the f!lll knowledge and understanding of the existence of the recorded Declaration of Covenants; Conditions and Restrictions, and the Dataw sland Design Guidelines. The undersigned ac~epts the obligation to adhere to the same., understand that any extel"dal changes inade to a project built under an ARB approved plan either before, during, or after construction or landscaping must be submitted to the ARB for prior approval. Date (Signed) Property Owner or Agent Architectural Review Board, 211;A Cotton Dike Road, Dataw sland, SC Phone: (843) FAX:: (843) tdschultz@islc.net

164 " < :0.:0..." < :0.:0...." DATAW SLAND 1987 July 6 Mr. Charles Gatch, Executive Director Beaufort County Joing Planning Commission Post Office Drawer 1228 Beaufort, S. C RE: DATAW SLAND - PHASE - NFRASTRUCTURE DATAW SLAND - DOE PONT Dear Charles: Alcoa South Carolina, nc., desires final approval for the Phase and Doe Point (part of Phase ) portions of its Dataw sland project. Attached is final application for same. But first, in accordance with technical procedure, Dataw sland's master plan is updated (June 1, 1987) and submitted for approval. Changes to the plan are the elimination of Lots #261 to #264 on sland Circle East and the conversion of Doe Point from "Reserved for future residential development and possible water bodi"s, 6.50 d.u. 's per acre maximum" to single family lots. Total unit count drops from 1,580 d.u. 's to 1,546 d.u. 's, a difference of -34 d.u.'s. Gross density drops from 1.80 d.u.'s/acre to 1.78 d.u.'s/acre. No other material changes are included. n support of final application for Phase development, attached are: 1) Completed Application Form. 2) 6 copies of the master plan defining Phase as a group of 120 single family lots and infrastructure, 16 lakes and 3 golf fairways, totaling approximately 89.5 acres. 3) Engineers cost estimate detailing development costs for Phase infrastructure at $1,043,000. 4) Performance Bond original for $1,200,000. 5) Drawing showing underground electrical and phone service line routings initialed by the respective utilities. 6) Letters of service for water, sewer, electricity and refuse collection. 7) 6 copies of engine.ering drawings for Phase. 8) 9) 10) ll) DHEC Water Construction Permit #312637, 6/30/87. DHEC Sewer Construction Permit #13371, 6/30/87. 1 copy Phase 11 Plats. Filing Fee of $100. ALCOA SOUTH CAROLNA, NC.! a.ubsidwy of ALCOA PROPERTES, NC. P.O. Box Charos 5... Beaufort, South Carolina S ),64

165 p. 2 - DPB to C. Gatch, JPC July 6, 1987 n support of final application for Doe Point development, attached are: 1) Completed application form. 2) 6 copies of the master plan defining Doe Point as 17 single-family lots (Submitted as part of above). 3) Engineers cost: estimate detailing development costs for Doe Point infrastructure: at $153,200. 4) Performance Bond original for $1,200,000 (Submitted together with above). 5) Drawing showing underground electrical and phone service line routings initialed by the respective utilities. (Submitted as part of the above). 6) Letters of service for water, sewer, electricity and refuse collection (Same as for above). 7) 6 copies of engineering drawings for Doe Point. 8) DHEC Water Construction Permit #313267, 6/30/87. 9) DHEC Sewer Construction Permit #13372, 6/30/87. 10) 1 copy of Phase Plats. 11) Filing Fee of $ f you have any questions, please give me a call. Very truly yours, ~\S[~ David P. Baycura ~ DPB:msh Attachements

166 "', Dataw sland Masterplan Changes no permit

167 Low Country District Environmental Quality Control 1313 Thirteemh Street Port Royal, SC Fax: Serving Beaufort. Collctoo. Hampton and Jasper Counties South Carolina Department of Health and Environmental Control October 6, 1997 Mr. Charles Gatch Beaufort County Planning P.O. Drawer 1228 Beaufort, SC Dear Charles: This letter is to confirm that SCDHEC water and sewer operating permits have been issued for all development shown on the attached site plan. Should you have any questions or comments, please let me know. enny District Engineer Environmental Quality Control Low Country District EQC attachment cc: Phil LeRoy, Alcoa SC i rr (g S (g O'W (g ~ OCT 11991,\ ) f> 00167

168 ,..' May 29, 1984 Beaufort County Joint Planning Commission PO Drawer 1228 Beaufort, South Carolina Dear Commissioners: Per advice received from you at the last meeting, eight (8) names were changed or revised. They are as follows: Gleason's Road for Mink Point Road Gleason's Landing for Mink Point Little Sparrow Nest Circle for Sparrows Nest Point Sparrow Nest Point for Coo saw Bluff B.B. Sams Drive for Sams Drive B.B. Sarns Court for Sams Court Chicora Point. for St. Helena Point Gaston's Bluff for Barnwell Bluff For your reference, a copy of the old list is enclosed along with a copy of the new list. Note that on the new list the changed or revised names are capitalized and the names of water bodies have been omitted, all for the sake of clarity. As always, Alcoa South Carolina enjoys working with you and hopes these names are satisfactory., Sincerely, ~(p'~'~ David P. Baycura, RLA Manager, Planning and Design DP:mng ALCOA SOUTH CAROliNA, NC.. subsidiary of ALCOA Properties, nc. P.O. Box Craven Strcet Beaufort, South Carolina e ALCOA 00168

169 _ ~ltm... "'... DATAW SLAND May 29, 1984 DATAW SLAND PROPOSED LST OF NAMES FOR ROAD'AYS AND MULT-FAMLY PARCELS Dataw Drive Tweedee Road GLEASON'S ROAD LTTLE SPARROW NEST CRCLE * GLEASON'S LANDNG * SPARROW NEST PONT Oak sland Road Oak sland Court Long Field Road Big Dataw Road * Big Dataw Point Odingse11 Court B.B. SAMS DRVE Cotton Dike Road B.B. SAMS COURT Cotton Dike Court South Reeve Road sland Circle North Reeve Road Ma1i11y Run Roa.d Spring Well Road Boone Road Rowland Drive CHCORA PONT Westbrooke Road * Pee Dee Point Locust Fence Road * Doe Point Curisha Point Club Road GASTON'S BLUFF * Marina Village * indicates n,:une of multi-family parcel ALCOA SOUTH CAROLNA, NC./a subsidiary of ALCOA Properties, nc. PO. Bo>: Craven Street Beaufort, South Carolina rn ALCOA.,' 00169

170 ..-. ~, "'" -"'- -- Edward Pinckney/Associates Ud. DATAW SLAND PROPOSED LST OF NAM::S FOR ROADWAYS, WATERBODES, AND CLUSTER HOME STES Oataw Drive Mink Point Road *Mink Point Hill Field Lake Oak sland Road Oak sland Court Long Field Road Cotton Dike Beestinger Dam Odingsell Court Cotton Dike Road Cotton Dike Court sland Circle Malilly Run Road Boone Road Rowland Drive West Brooke Road Locust Fence Road Curisha Point Tweedee Dam *indicates name of cluster home site Tweedee Road Sparrows Nest Point Scrap ron Lake *Coosaw Bluff - Pecan Lake School House Lake Hard Luck Lake Big Dataw Road *Big Dataw Point Sams Drive Sams Court South Reeve Road North Reeve Road Spring Well Road Spring Well Pond *St. Helena Point *Pee Dee Point *Doe Point Club Road *Barnwell Bluff ~rina Village, Londscope Architecture Engineering Planning One Fox Grope Road-Hilton Head sland-south Carolina Telephone Charlotte Sireet Charleston- South Carolina Telephone (1 1 '7 0

171 June 7. 1 'llll, '~r, David p, llaycura wana, er, rlann in~ n.n:1 ""«'9i.';~~ "'i 1:3'" 1 sla'1'l '0,. 0. ~ox 'JC) ~~aufortt SC "ear DavH: "'tth re~"r1 to the olrn!"eflectloo; t~f' C()l'~ tions un:kr '.llieh vou ~'er" "pnroverl the nto;t't of June 4. 1 Q~j,. "" ru',.... ~t t'l.1t the p"rcel 1 rnsl tie's h".ho.", "trectlv on the p"=,, H s~oulrl "lso h" note1 t'",t tl'>c -',!l-"," density. 1n nl ca.e,. "ill he 7.7~ units per ere. TJ:~an k VOll for,. i viol'! us thr~ opportun:l t y to t'cvi~w vou.r r-::",v t SiOT1S. c:'ircet'elyt.. ~rcl T(,~H8 ns'l "'\- in1.strator F"/c!r 00171

172 DATAW SLAND June 5, 1984 Mr. Charles Gatch Beaufort County Joint Planning commission PO Drawer 1228 Beaufort, South Carolina Dear Charles: We are proceeding to create a drawing to represent that approved by the Commissioners Monday night, so that we can obtain the official "Approved" stamping. The following is being done:../1. Parcel de.nsities started for all multifamily areas. ~. ~. Change of "Reserved for Future Lots" to "Reserved for Future Single Family Residential". A density will be stated. The water tank will be shown at the entrance and the entrance use identified as open space. An access easement will be added to the new cemetary at Curisha Point. Land use symbols will be added to the plan as on the original. \./"'6. The accepted names will be corrected. Should the above not complete the on our approval, please advise so any additional items. Your help requirements of the conditions our consultant may incorporate as always is greatly appreciated. Sincerely, -~--)~ David P. Baycura, RLA Manager, Planning and Design DPB:mng cc: Perry Wood - Edward Pinckney/Associates ALCOA SOUTH CAROLNA, NC./a subsidiary of ALCOA Properties, nc. r.1 P.O. Box Craven Street Beaufort, South Carolina 2990Z ALCOA 00172

173 ~ 4:'!D,#JE'Df#'D'go> 4:'!D,#JE'Df#'D'go> DATAW SLAND May 29, 1984 Beaufort County Joint Planning Commission PO Drawer 1228 Beaufort, South Carolina Dear Commissioners: Per advice received from you at the last meeting, eight (8) names were changed or revised. They are as follows: Gleason's Road Gleason's Landing Little Sparrow Nest Circle Sparrow Nest Point B.B. Sams Drive B.B. Sams Court Chicora Point Gaston's Bluff for Mink Point Road for Mink Point for Sparrows Nest Point for Coosaw Bluff for Sams Drive for Sams Court for St. Helena Point for Barnwell Bluff For your reference, a copy of the old list is enclosed along with a copy of the new list. Note that on the new list the changed or revised names are capitalized and the names of water bodies have been omitted, all for the sake of clarity. As always, Alcoa South Carolina enjoys working with you and hopes these names are satisfactory. Sincerely, ~~ David P. Baycura, RLA Manager, Planning and Design DP:mng ALCOA SOUTH CAROLNA, NC. fa subsidiary of ALCOA Properties, nc. P.O, Box 819 :,009 Craven Street Beaufort, South Carolina rn ALCOA 00173

174 DATAW SLAND May 29, 1984 DATAW SL1ND PROPOSED LST OF NAMES FOR ROAm~AYS AND MULT-FAMLY PARCELS Dataw Drive GLEASON'S ROAD * GLEASON'S LANDNG Oak sland Road Oak sland Court. Long Field Road Odingsell Court Cotton Dike Road Cotton Dike Court sland Circle Malilly Run Road Boone Road Rowland Drive Westbrooke Road Locust Fence Road Curisha Point Tweedee Road LTTLE SPARROW NEST CRCLE * SPARROW NEST PONT Big Dataw Road * Big Dataw Point B.B. SAMS DRVE B.B. SAMS COURT South Reeve Road North Reeve Road Spring Well Road CHCORA PONT * Pee Dee Point * Doe Point Club Road GASTON'S BLUFF * Marina Village * indicates name of multi-family parcel ALCOA SOUTH CAROLNA. NC.!a subsidiary of ALCOA Properties. nc. P.O. Box Craven Street Beaufort. South Carolina rij ALCOA, 00174

175 DATAW SLAND May 7, 1984 Mr. Charles Gatch, Executive Director Beaufort County Joint Planning Commission PO Drawer 1228 Beaufort, South Carolina Dear Charles: n order that ASC's official file at HUD's Land Registration Office contains a JPC approved preliminary master plan that reflects the most current thinking, ASC submits this plan to amend the Preliminary Land Use Plan (Master Plan) approval of February 7, Only items of change are outlined. 1. Lots to be sold off first and Phase V - Section A. permits and approvals lot have been identified as phase Upon receipts of all applicable counts will be as follows: PHASE Full Sized Lots: # = 6 Lots # = 17 Lots # = 15 Lots # = 5 J,ots # = 12 Lots # = 9 Lots # = 7 Lots # = 44 Lots 115 Lots Cottage (Patio) Lots: # = 44 Lots # = 46 Lots # = 35 Lots # = 38 Lots 163 Lots Total Phase lot count to eventually be 278. ALCOA 90UTH CAROLNA, NC.la subsidiary of ALCOA Properties, nc. PO. Box Craven Street Beaufort, South Carolina rn ALCOA

176 1 Mr. Charles Gatch May 7, 1984 Page 2 Phased dwelling unit counts are adjusted to the following: Phase Phase phase Phase V (A andb) Cottage Lots Single Family Lots Cluster (Multi Family) Areas (Density of 7.75 du/acre) TOTALS Total ,584 Original Phasing was: Phase Phase Phase Phase V Cottage Lots Single Family Lots Cluster (Multi Family) Areas (Density of B.OO/acre) TOTALS Total , A new road with 10 full size lots was added to the area originally specified as maintenance area. The lot count is included with that above. Phase borders between Phases 1 and, and between Phases and V have been adjusted. The official designation of multi-family areas is changed from "cluster home site" to "reserved for future residential." The official designation of the cul-de-sac point just south of the northeast corner of the property (Big Dataw Point) is changed from single family to "reserved for future lots." 1 6. Land at entrance.. acquired since preliminary approval, has been added to the plan. A lagoon not previously shown has been added to the plan at that location. A second historical cemetary site has been established at curisha Point. The first one exists near the maintenance area

177 Mr. Charles Gatch May 7, 1984 Page 3 Certain of the recreational sites have been reconfigured. Marina site has been moved from Jenkins Creek on Dataw's east shore to the northern shore. Reference to fairway numbers have been deleted because of possible change in order of play. Exhibits: 1. Original set of 3 sheets of Preliminary Approval submission. 2. Current revised master plan sheet. Sincerely, David P. Baycura, RLA Manager, Planning and Design DPB:mng 00177

178 Edward Pinckney/Associates Ltd. DATAW SlAND PROPOSED LST OF NAMES FOR ROADWAYS, WATERBODES, AND CLUSTER HJME STES Dataw Drive Mink Point Road *Mink Point Hill Field Lake Oak sland Road Oak sland Court Long Field Road Cotton Dike Beestinger Dam Odingsell Court Cotton Dike Road Cotton Dike Court sland Circle Malilly Run Road Boone Road Rowland Drive West Brooke Road Locust Fence Road Curisha Point Tweedee Dam Tweedee Road Sparrows Nest Point Scrap ron Lake *Coosaw Bluff Pecan Lake School House Lake Hard Luck Lake Big Dataw Road *Big Dataw Point Sams Drive Sams Court South Reeve Road North Reeve Road Spring Well Road Spring Well Pond *St. Helena Point *Pee Dee Point *Doe Point Club Road *Barnwell Bluff %rina Vi!lage, *indicates name of cluster home site Landscape Archltecture Engineering Planning. 0 () 7 One Fox Grope Rood Hilton Head sland South Carolina Telephone , Charlotte Street Charleston South Carolina Telephone

179 Dataw sland Miscellaneous i

180 DATAWSLAND A GUDE TO DSCOVERY.

181 DSCOVER 3,000 YEARS OF HSTORY RGHT N YOUR OWN BACK YARD. You can sense it somehow. History is all about you. The land itself is steeped in the drama and majesty of events that swept over this small and lovely island since before the coming of the first European. Around 2500 B.C., in what archaeologists call the Early Archaic Period, primitive hunter-gatherers first began to visit Dataw sland to harvest the rich bounty of food-primarily small game, shellfish and hickory nuts. By 1200 AD., native Americans lived in highly organized settlements and had developed an agricultural system based on maize (com). The Spanish landed near Dataw in 1514 and for 200 years, Spanish influence in the area was felt. The English, based in Charleston, gradually forced the Spanish speaking Europeans out of the area, and in 1685, Caleb Westbrook, a Scottish trader, set up a post on Dataw. By 1698, the island began to appear in official records. n 1786, the William Sams family established a successful plantation on the island, producing indigo and Sea sland cotton. The family built a tabby plantation house, the ruins of which have been preserved for island residents to explore. The Civil War brought the Plantation Age to an end and the island lost its former magnificence for many years, used variously as a hunting preserve, for fishing or for farming. This was the case until recently, when in 1983, Dataw sland was acquired by Alcoa Properties, nc. Dataw sland is being carefully planned and created by Alcoa South Carolina, nc., and a development team with decades of experience in building quality residential communities emphasizing the efficient use of leisure time. This team belongs to a corporation you know and trust: Aluminum Company of America's subsidiary, Alcoa Properties, nc. They developed Malibu Country Estates in Malibu, California, and the very exclusive Jonathan's Landing in Jupiter, Florida. )br. till 1'!"l'l1\ Hl'j',)11\[ ll" h\ r'llo') 1.1\\.11d l,ld, )''1\,1).!llJlll!lll\'tlll':": \,!... ~ ~ ul:...l,dlill1llrlt.~llr\dlll 11,11\.,lthl"Pl"'1..'11\, 1111'!>'ll'1111..;' u\\ll't ' d ' f'\l \,

182 THE LEGEND OF DATAW. n 1:;~. twft Spani"h (apt~llns fn lin Sant )llrnjnglll~11lkd k',ll' )~ta\\ sbrd "'h.ll~'"!n:j an ndian whol11 they flamed FraKis(tll'hlctlra. ctll(()ra (Tl'cth t llllld ttl,lt'll clrjl'r to ~larantl'l' his sury\',ll' h:j til ~lm(zl' tlnd 'mus\..' h', \:drlllr:--. v he flight tim\.' h~' wl'j\'ing f':lntastj( st( lril..'s (t' his 11,ltin' ':111\1. ( h..' { ll' olllsi f.,.-;rinating S\llrJl'S was Jh<lul a gianllnd'':11l king nallh.:j )atl\\' )at.!\\'. l'1l iellra llai ntailh:d. gl\'\\' 1..'n. mlh)lh S7.\.' h\' l..';ltin~ sp... cij hlth" Tl..' )ataw kgl'nj laugh t fin.: dlllr th,,' sl"lsatilll1 sl \. kin.~ lhility (f Eun pl' ~\' thl' timl' thl' English ':HTiYL'd il." pl'rnl~llll'nt.'dlk'rs (flhl'.:m.'<t. thl' f (al k'gl'h,!," held hal r )JJ\\ sbnl! \\'as till' ~\1(il'nl hllllll' lll ]q,!l'njdl"\' 111L1~11 l\il1~ )ala\\'. w.,. DRAWN FRO;\1 HSTORY.. ThL (lgol~vl' 01 ~\l1h()1 01!lalaw sland ilk lh, col"n 1St:-;' coat of alms, has Spl'(;1 si~nitkakl'. 'hl s(hl)1 lll'l anj housl' irlt~l's ~lrl' lakl'11 frntll W()fKku s found 111 rrl" rl'\'( luh mary \\'dr Jll'\\Sparl rs. '1'1l dl'(( rati\\.' h(lrjl'' hl" \\l'\,,:n hl' s~'mh()b i.lj thl kllt'r: ldltll' from ~t l'l ry of a l'harh:stlln 1l'\\'spal'L'r n thl' mid-lilo's, rill logo ( til rs.:trl' njlgl), j1l'wkr and tall. Thl' inji~!1 symhillizls tll' lirsl (rur,.lrll\\'jl );tl\\' Thl' rl'wkr rl TWl'sl,:nb hl hi 11:-'L,111J lwlal (f lhl' Pl ruld, Al1Lllhl' l<-111 (0101' rl'j)rl':--l.'llls hl... llppk tallnl'l1 k'dlhl'f th'lt \\'JS ~ln ldispl'ls;thk llall-na! () til i lll DGGNG NTO THE PAST.. \\'hl n _\](/),1 1'1"0(1l'1ll:-', ( Jl'\\!lll'l'U.t 111.1, '1., 11'1 11:1\;1\\'. (llthl' ll."1 ililnguin.l,:til'(\l nl':" \\<1 ll'l\'p.tl thl' StllllS tilillil~' pl,ljll~lti(ln,,\11 ':ngllsil ardllkll,l1d d ldf\",lrj rainl'd ~1t\:h;tl 1 lllglst \\"L'n.l:-.kl'd til... tlll,h' rllll1~,tlld pn \'idl', S\\"(,-"l' ' 111..'n! tlld!.11l1)\\'s ~.tll..ll\'l',,'dj " bll'nd~\\ith thl n~1tr~11 'lltllundl1lg,,,, \/1 buddll1g,' 11.1\\' hll' (dl\'fully Pl"L'Sl'!'..'d, with l\"sll..')',..;lld! \\';llk\\'~l\",'" J lldkd hy 111!"lWlllat il )Jl~t1 pltlqtk's, \' Ullll..'l" U~ ~lrl dl.::',~ hi.,! (1tltkry, (\lls. uknsils. dllll,1 and. \\ ~l \\- l\.' t-w ddlljl).,! 17,'i(l,.11\' :--ho\\tdsl'd 111 till' Cluhltoll:-'l THE PLAN1ATlO:--: EHA: A FA~1LY HSTORY.. \\-ilkl111 S;t1iS ls]h'l"l'd thl' pl.tlltat111l'1"<lllf )ataw sbjld Wlll'll ll' till \\.'d hq.!;lll pl'llt- lls bmih- to k autill1 ~ljld n,i1 rntilg(1111l thl sbnl!, ll' hullt ~ ma,l.!nllicl'nt t;lhh~' hl)jl1l thl'rl' :--)1\' <tlkr T,sll, S~UllS '1\\1 Sllb d 1\'llkd Lip thll,:nlm' is!':h1d up(l]llhl'ir {;tth",!" s lk.tlh. {l'ml'!"." 1{;t"llWlll S;lnlS 11((uptl'd thl' rig1jlal hllusl,till!..'\"~ Hu \1..' Sal11:-i hlll1t it ll'\\' hom 1..', lll drdldl" ol(lgigill'\'llklkl'ldwllid still 'l'll,lllls (nthl '\(lq.!'111 Hi\'..l'stlfll"l Blltll hrotill'l'';' hl.xallll' wl.t1th\ l"djl''s ( thl' ()mmlljllt~' S )'llll\\' rl'll:hr':lkd S111l (f its 1111 ls slccl',"slu] ~lld pn Ll ud ih' \\:'U'S n tlh.' mid ',,",!!!!'s,

183 DSCOVER A LOWcOUNRY LFESmE THAT Flows GENTLY Wlli THE TDES. magine vast meadows of beautiful marsh grass, swaying green and gold in the ocean breeze. Serpentine rivers that flow gracefully through estuaries teeming with wildlife, and rich with the history of centuries. This land not only supports life-it is the cradle of our entire ecological system. Here is one of the few areas left on earth where nature remains in the abundance our colonial forefathers knew. As a resident of Dataw, you can discover it yourself. A casual cast of a hand net, and fresh shrimp are yours for dinner. A few pulls on the oars, and a bushel of fresh oysters are yours for the gathering. There are flounder, bass and trout in the flats and king mackerel running in the deep water. Atlantic blue crab fill the traps daily. Whiting, croaker, bass and sea trout come in the rivers on the tide.throughout the area, white-tailed deer, wild turkey, dove, quail and duck abound. t's a priceless legacy of natural abundance. But nature offers you something else on Dataw. A new sense of peace and relaxation that only the natural order brings ~ And what price can you place on that? DATAWDATA J,""{,,.'J ~!\ mlk~.'d.'';! '.1 k.lutojt1. S.llth (',n,lin;t. lbt "fj th, "';':.1 hl;mj 11,11.11'. n,nh ttw \l/)r~.jn 1<\l'l!n hl fl.,1111..ldlkm"crn'k, 'n til.. "thl r );,.W.. :n(!lmr;l'~l ' )-(70,,(1'O:~,tnJ wil no. till' :!l~t (l'ntu["\', h, U'l',lrrn,xlm.lll h 1.:.!tlll 1,lnllll','" Jl,\ \,md\,ii h,ln, ~t\k, FROGMORE STEW T1t~ h~d 1\" sl.:a food sll'w Jkl'S :-;pt.:nal ~ld\'alltll~,w of thl' fr...'sh shrimp and \'l'gel.:thks,j\'ailahk mlhe Lo \\,(ountry. t r()mh ll ll'~ (orn Oil till' coho sausagl'. on i()l1. h pl'p1l' r. cl' k''y a nd Sl'(isnll lgs \\'th pknh,,(shrimp. 'c 1 h... gido 11 send ~~ JU thl' l'cx'.)ljst \\l t \,' us. f OPEN THE WNDOW \VDE AND SAY "AHHH!",\vt.'raH,,-' \ t.'arl~ kmrl'r.:tturc: h:l dl..'grl'..'~ \\'L'r~lgl' gmwllg Sl\Sl: :!~(l Jays.. \ \'l' r~lgl )a\'s f Sun",i till..' :!311. A\~. A \). \ \g..-\\ g. \\~. \ \~. DJ' ti nw :". ij.:hl tin'll: \1,,"[hl\ [),\ link 'l).;hlllm-.: \1.m(ll, f, mr "cmp " "1111" fcmp. h-mp. 1"111 1'_ J.lntl,1",' h ~,.J '" ", huw, ", t:, C \u,.:;u...', " " 'Llh"h..; \" - :-'cl, hl!.,. '" \1'111 ;11 '\.1\,":,2 11:'.Ull\."ill,.., " h'. ld"hrl -.,, - \"\l'!l~'t." 11.." " '" " " :'1 ;'"11 " " ". " "

184

185

186 DSCOVER AN SLAND WHERE You CAN DRVE ALL DAYWlliOUT SEENG A TOURS What makes golfing at Dataw particularly enjoyable is the fact that you do not have to share the facilities with a bustling resort and its conventioneers and tourists. Scheduling your favorite tee time will continue to be easy. Tom Fazio, referred to by a major golf publication as "one of the foremost designers of tomorrow's golf courses;' designed Dataw sland's first of two challenging courses, Cotton Dike. The island's second course, Morgan River; was designed by Arthur Hills, nine holes of which are open for play. The second nine are currently under development CHAND Di'''C:\'. i lin F,Zlt \.'(l'ntl\..;,ud. \'!..!t.]r ~ tlr,\,. Jl :-.iglh..'r. drl':lmld '111' ullll\'!:..': 'tl:llllllll lldr... llfn Jilt pnjpltty.lilli dv.' \\,~ r f Jl.lgl,till l.\..'d til tlh.. "::1,11.1)"... l \kll,1 )n 'ttltl'.'" \.'ommith d 1.llll/or 1.,[t.: " J~ ,11 dlld J~ lklll..,ll\ \ h..,11h,' llld h r\ \ltt l~ Till t hk (tltr"'l.11 1 ), 1,\\\ t hn f '1lll~ l'(':..!ll1l.l d.1:-. (.ll fill 1 lqth ll.tr p"d\... lour....'... lllh:lilllr dr. 111;1111., l \\... Tll' ~th hlll\.',\ P:" fih dlll.!kl! ) lll dt S\lrtrn~,tl' i hhil'i.tttlh'\.,dllll!ll.lllbl..rll'\ tl.'ll"-\.. ltl1ll.... ~111 [l\\ortl\14..!l.tlluu l dllj ( '111111" n ourjltl)...: "'; 1'1'., [1\ lll h\.t'1 thl' 1'1.1111;, lllll d;\' til' 11\t!U 1111\\ ~; 11dllldlhlli.d ll'lhl 1111 h(lknltih lottlljllllhl llllo'l l,(ltl.. J'~ \\illl 1;111 Clll' Ul' 111\.'11 "hili \\11 \."k t'l \. Jlc.. tlll.~hldhdlltlj urn ill.., tlll'rn "l'lh,,' CCYTO~ DKE-A GOLF COUHSE W YEAHS ~ THE ~AK~G. \\..!rl~ ~f \L"ar~ '11..';11 L S;lln~ hn tlllt" ;,tkrnl'lni Olll(\'d."l thl' ~1;lhk'~llld ;,"L" (f );,1;\\\ bl,hld h\ blli rillll~\' hullding;,... \... kill f dlkl... (Jut n,m till... l( 11"\.':-; (t" )dt~i\\ Tlh,JL.l \,';h " 1)".'1' \\";ltlr ~J11d L\lrtli ;lld thrllugh grddu;d ~dtd hudj Ul' thl j.lj 11 lrdl r b' grll\\ ll! rl" till' :-;t.ll'k LT' till '\."n(~d. '"\1.. i. 1,,!Jlld e'hul TilL 1..11"1111(\1\'\ l.'.11u\" ;11"\ \ l,...,hll tll\.j~i\ -;11d 111.'01'11"1.."1..1 thl' 11, ' fllr 1;'!.lw " ll.. \\ C.ttl Jik\.'l'1 Ur"l..

187

188 DSCOVER THE PERFECT PORT To HARBOR YOUR DREAMS. t's impossible to live on an island and not feel drawn to the sea. Not so much out of a spirit of adventure as out of a desire for the simple, mind-cleansing peacefulness of time on the tide. The Marina on Dataw sland is ideally equipped and located to serve as your port of call. Whether your plans include a weekend excursion to Charleston or Savannah, a cruise along the ntracoastal Waterway or a deep-sea fishing expedition. ~hll":-' S\\' t.1arna FEATCRES l"l'" <tnd dll'~d fuel. \\l'':lnd dry "tm;tgl' K11r,md!J':tul-llut rarill'il's. ' Ull-tHlh.' J(km':L"tcr. l tditll':-'. induding \\'~ter :tntl d.. 'dnrlty \\.Ls\l'w;ltl'r pump-out fj.(iiitil's. Clll1(t\'h,: piling ( llsll1.l(\ fill. \\d\'l' ':lttl'luatf )" d! rk..\llnllllum lkpth 111'1) ft.'l't. 1 h'l'j1\\'dtlt d! (hlllg ~\t 22 l'cl kq1\\'akr ;r..:'."... to the intraroi.l"tai \\'dt""\\';y and till.:\ tij.ntil. (k,'an \ li. th,.\l(j)"j.~i.ln Ri\'l'J" 1.1 \\"akn,';ty mile~ til kal! ()rt..l:' \,-;!tlt\-"i.t\ miles to l iito 1 hl';li. :-;0 \\'akn\dy mile Charle... loll. t):l \\'dkn\'ay mile... to Savi.1 li.dl. AYE-AYE, CAPT.A, :-;! ThiS sl~lk (,!-llll-,11m,mn.:t flfkrs a (t llllpidl' rangl lit S\.')\'jL\.":--,l1ld ':11llL'llitil'" tel h~lldh.: dll\ ho':tting 1lL'l'd. t \"OUl' )n;,t S dry stor~\gl. Cllll" rail is ~dt it t..lkl's t(~ 11.1\... t till.: \\,k'r <tnd ll'dlh' \0 gc ah... :<Ld lit lin\.' You 111.1\' l'\\'tl 11~\'e ~\ hdh stc l(kl'j lclllt with rdh:shml'llb \\;ltll1g hc<lrd. -'.(1('-. T H E \\:\T R\\\YS ]);~\\, bbll,i"s j1n... t111~ ml '...; ;!ld lli.lrsh w'lkn' '\-." 11;1\',' ~~~,;;.~1;;lt.~1. t ng hn'11 'q.:an.kd i.l" ~:: J ~.rll (f ib ll! )sl \ alu"lhk ~) l-\; '''' ' 0:. '.,L"S' t... rrl\ltill~.. ndtural.... (' ni( l\'fu~k "i.l"ih' arn:ssirk til till'

189 {lo l8

190 0019 DSCOVER A GRACOUS SOCW- LFE AND NEGHBORS YOU'RE COMFORTABLE Wlli. The social center of Dataw sland is the impressive 16,OOO-squarefoot Clubhouse. Here, golfers fresh from the course and players fresh from the tennis courts, gather at the end of the day with a relaxing cocktail. And where residents gather regularly for excellent meals at the club restaurant. The Dataw Clubhouse overlooks the natural beauty of the marsh and creek, as well as four of the golf holes. t includes a tennis center with Har-Tu tennis courts, an AAU regulation pool, and The Gardens, an area with irrigated garden plots for cultivation by Dataw residents. MAKEA SOCAL VST TO THE PAST. Tlll arcilal'ologiral ru ins of the Sam!'. Pbntdtion an: autjlelliiolhe Cllhhe lll-"t.:... \nj t'le h.: rpn:t i\'l' Ct.. 'nkr JJl\'lks visitcr's lut for ~l pleasant stml1 hn'ugh hist't)', TENNS SCORE: DATAW 6, RA N O.. Ollr i'l'-jry. llar-tnl il'1l nis,:{urt" J."L'l'lluippeu with Hal()gen li~hl". So ll'ithlt ram nor darkness will slor ~ true tennis (an at )ataw. CLASSCAL CUSNE. 1 )ll1ill~ all )alaw:, Cluhhollse is all l'lrgant 'Xpl'ril'llCl' inoclu. Enjoy ttll' incredihle hount \' of local seal< d and thl' fahulously.eliclt JUS frl'sh \'l'gl'tahks that S4fO\\' in thl' ar';!. ":X(lttC fnjib ano \'l~etahlcs.uld sj1l'l:i~ll 111L'ats arl' hrought in rlll11 ;111!l,11s flf the country Thl'rl' arl' quik a few 'x(tlil'nt rl'~t<turant.\ thl' arca. Elq~ant or ~mrk', All delicious

191 DSCOVER PRvACY N A NEGHBORHOOD THAT FEELS AT HOME Wlli NATURE From the moment you enter the community of Dataw along a causeway and drive onto the island, you gather a growing sense of security. On Dataw you will discover residential areas that seem to grow out of the island itself. There are conventional homes, patio and cluster homes separated by nature and historic preserves. Each has spectacular views of the golf course, the marina, the water or the marsh. These homes incorporate built-in energy features and are designed with dramatic views in mind. Plus, you have the assurance that homes by Alcoa South Carolina, nc., are all built with a commitment to quality. START A HOBBY THAT GROWS ON YOU. The nch soil at DatJ\\' pr()ducts (kolil'iolls \'q~l'tahks. The Gardens is a special area 1'L'sl'nl'd f ' btaw rl'.'ljl'llt., ~dl() wish to grow their (W1. The C~mnl'ry. l'ljuippl'd wth pn.::ssure (fl()kers and tahles. is ~t ~rl Jt pl;:kc fl H" ll'ighhlw<; to ~athi..'r \\'ilill' thi..'y can their han\'~t. A SECURE FUTURE. Data\,' sland's seclllity controls the only roaj ao:css to thl' island. Thefe is a computerized sccwity system for each home that monitors and immctiiatl'iy notiflcs security of a tirl'. intnlsinn or medical... ml'r~l'ncy.

192 DSCOVER T ALL FOR YOURSELF ON A DATAWDSCOVERY GETAWAY Experience Dataw the way our residents do at special Dataw Discovery Getaway rates. Do as much (or as little) as you wish. f you're a golfer, try our magnificent Fazio-designed course, or play tennis on our excellent Har-1ht courts. We can arrange a river cruise aboard the "King Dataw;' or you can visit one of the nearby beaches. Drop by the Clubhouse for a cocktail on the veranda, and perhaps you'd like to treat yourself to a magnificent dinner as well. Most opt for a tour of Dataw's attractively furnished model homes, an informative way to discover the residential opportunities on Dataw. Then, after a busy day, relax on the deck of your villa overlooking the marsh while a long, lazy twilight gathers around you. agl":-\ lutdl ( " di.."ti\'ith::-; -,tlcl! ;1.... hiking. hiking. hlrd\\;lllllng - ~l1d picni(klll/-;. -:'ll'lknt \\"l'atlh.:r i:-. or \. llll.... l ;1 (011 t tihul in,!! 1~\Ll n. Cy~ ltsb 11;11 tlutlarl\' ;lppt\.'(!;\k th.. :!lllk",,( p;llls wltll "lrtll.l1k 1M hill<

193 DSCOVER DATAW SLAND FOR YOURSELf We invite those interested in living at Dataw to come and experience the island firsthand. We have a limited number of beautiful villas available at very attractive rates. For further infonnation, call toll free n South Carolina,

194

195 1HEMAruNA ON DATAW SLAND

196 1HEMAruNA ON DATAW SLAND ~ live on Dataw sland without recognizing the spectacular..l. benefits afforded by its pristine waters and marshes would be impossible. Nowhere on the island is this more apparent than at the Dataw marina. Whether your plans include a weekend excursion to C harleston or Savannah. A cruise along the ntracoastal Waterway. O r a deep-sea fishing expedition, this state-of-the-art facility offers a complete range of services and amenities to handle any boating need. f your boat is kept in dry storage, one call is all it takes to have your boat placed in the water ahead of time. And to add to your boating pleasure, you may even have a fully stocked cooler with beverages and refreshments waiting for you. Dataws waterways have long been regarded as one of its most valuable assets. The Dataw sland Marina assures that the splendor of these waters will be easily accessible to the islands residents and their guests. MARNA FEATURES Ship store. Gas and diesel fuel. Wet and dry storage. Ramp and haul-out faci lities. Full-time dock master. Utilities, including water and e lectncity. Constructed with concrete pilings and includes a wave attenuater dock. Minimum depth is 6 feet. Deepwater docking at 22 feet. Deepwater access to the ntracoastal Waterway and the Atlantic Ocean via the Morgan River. 15 waterway miles to Beaufort. -35-w3ten\-;],--milcs to Hilton Head. 50 waterway miles to C harleston. 65 waterway miles to Savannah. ror further details abouc the marina facilities, call (803) To visit by boat. follow the ntracoastal Waterway to mile marker and turn south into Parrot C reek. Altogether, the Dataw sland Marina provides easy accessibility. And a marked absence of tourists. DATAW SLAND P.O. Box 819. Beaufort. SC (803) Outside SC,

197 00197 DATAW SLAND CLUB Equity Membership Offering Summary

198 00198 Summary Statement of Equity Offering Alcoa South Carolina, nc. (ASC), the developer, has incorporated Dataw sland Club, nc., a not-for-profit corporation which will be ultimately comprised of not more than 750 full equity memberships and 750 limited equity memberships. ASC intends to complete and subsequently transfer title ro the facilities, consisting of the following: One 18-hole golf course with practice range and putting green, and one additional18-hole golf course to be completed. One Clubhouse, approximately, 16,400 square feet, with kitchen and dining facilities, lounge, pro shop, men's and women's locker rooms, and bag srorage facility. Golf course maintenance and related storage buildings. Four tennis courts and related buildings, and four additional tennis courts to be completed. Swimming pool with sun deck, refreshment center, showers and sunning areas. Wading pool. Furniture and personal property used in connection with the above. No more than 375 full equity memberships will be available with each 18 hole course. f 9 more holes are playable on the second course, the golfing membership may be increased by 187. After completion of the second course, up to 750 full equity memberships will be available. ASC will manage these facilities under a management contract and will assume responsibility for all cash deficits from operations during this management period, and will set the policies for the Club until it turns over the facilities to the equity members at the earlier of the following events: '. FollOWing the sale of 750 full equity and 750 limited equity memberships. 2. Following the sale of all real property within Dataw sland. 3. December 31,1999, or earlier at the developer's discretion. f all outstanding full equity memberships are not subscribed by owners, ASC has the right ro offer non-resident equity memberships until the turnover date to the members. Daraw sland Club, nc., will purchase a resigning member's equity membership for a price equal to the greater of 80% of the price the Club is at that time selling equity memberships, or the amount the resigning member paid to purchase that membership less any transfer fees or amounts owing the Club.

199 ) J 199 Classes of Membership. There will be seven (7) classes of membership in the Club as follows: ~ Class A: Full equity memberships with the right to use any and all of the Club facilities. Must own real property within Dataw sland. Only 375 Class A memberships will be available with each 18-hole course. No more than 750 Class A and C memberships can be outstanding at one time upon completion of both golf courses. Will pay full golfing dues. Will have voting rights. One time $21,000 capital contribution. There is a $,000 discount if membership is purchased at closing or within sixty (6O) days thereafter. ~ Class B: Limited equity memberships. These memberships can use all recreational and social facilities of the Club. Subject to availability and management discretion, limited golfing privileges may be made available. Must own real property within Dataw sland. Will pay social dues. Will have voting rights, except on golf related matters. One time $9,500 capital contribution. There is a $500 discount if membership is purchased at closing of property or within sixty (60) days thereafter. ~ Class C: Full equity memberships with the right to use any and all of the Club facilities. Sold to individuals who do not own real property within Dataw sland. Only sold if Club holds a Class A membership which is not subscribed for. Same privileges and obligations as Class A members (except no voting rights). Club may call and purchase Class C memberships when necessary. A one time $21,000 capital contribution. ~ Class D: Limited equity memberships. These memberships can use all recreational :md social facilities of the club. Subject to availability and management discretion. Limited golfing privileges may be made available. Sold to individuals who do not own property within Dataw sland. Same privileges and obligations as Class B members (except no voting rights). Club may call and purchase Class D memberships when necessary. Will pay social dues. One time $9,500 capital contribution. ~ Class E: Non-equity and non-proprietary memberships. Offered for limited and fixed term to owners and non-owners of real property. Will be required to pay membership charges and annual dues and assessments Club Board of Directors determine use of Club facilities, i.e. full golf, social, and dining and annual dues will apply accordingly. One time $1,500 membership charge for full golf, $900 for social. Dining fee $160 per year. ~ Class F: Honorary members. ~ Class G: Reserved for the developer (ASC), its successors and assigns. (/92)

200 ~,', '. -. ~~ ~,', ' f)0200 SCHEDULE OF DUES AND FEES 1992 Full Golfing - Equity Class A & C Full Golfing - Non Equity Class E Social - Equity Class B & 0 Social- Non-Equity Class E Dining- Class E Homesite Owner Annual Dues Class A - $ Class B - $ Membership Charges for Class E. Full - $1, Social - $ Green Fees Social Members - $ Guests - $ Unaccompanied Guests - $ Junior {Under 18} $ Cart Rental Fee Members- $ Guests of Members - $ Annual Trail Fee - $ /$ if paid quarterly Annual Cart Lease Single - $ Couple- $1, Per Month Family - $ Single- $ Family- $ Single- $ Family- $ Single- $ Family- $ Single- $ Per Year $ Renters Renters' use determined by owners' membership status Administrative Fee is $ {one time} Advance Tee Times Full Equity Class A & C- 7 days Limited Equity Class B & 0-48 hours Non-Equity Class E Full - 48 hours Non-Equity Class E Social- 24 hours Unaccompanied Guest - as available m DATAW SLAND CLUB One Club Road Dataw sland. South Carolina ALc:cA

201 002iJ 1 tlil~ oz!q" 'PQ"t1 m DATAW oz!q" 'PQ"t1 m SLAND

202 FROM THE VERANDAH By Bill Cochrane n the early 1980s, ALCOA. South Carolina hired a professional marketing firm to do an in-depth study of the area and of the kind of retirement and second-home facilities folks wanted. Thecompanycame upwith the concept of an" unresort resort" -a quality residential community that gave residents the advantages of a resort without the crowds and other disadvantages. t sounded pretty good to us. The result was the Dataw sland you see today. We planned and designed Dataw to fit the customer profile that our marketingfirm identified. And we seem to have hit the proverbial nail on the head. Sales at Da!aw as of late October were up about 25 percent over the same period a year earlier. Thats really something, in my VC\\', feel good about the fact that we understood the desires of our future customers and then implemented a design to jibe with that. Since our plan was designed in 1983, by the way, we've made virtually nochangesin it. (The sole exception: we relaxed building density plans because the condominium market dried up. With only single family homes on the island, of course, this has turned out to be a plus for our residents and property owners.) We think Dataw gives folks all the amenities of a great resort (golf. tennis, swimming, boating, excellent food, social izing, security) without the usual crowds. And since it ain't broke, as they say, we have no plans to "fix" it, i.e., we won't be making any significant changes here at Dataw. We like things pretty much the way they are. We're glad you agree. NEW DATAWVDEO AVALABLE You say you'd like to see Dataw sland but can't break away for a visit at the moment? Our brand new video detailing the glories of Dataw is now available for folks who would like to see, in the comfort of their own living room, what our island offers, Dataw residents and property owners are featured in the tape, There is no charge for the video. Please contact your sales representative to receive a copy of our video, : Coni from flagt ()1\.( Coni from flagt ()1\.( OUTDOOR LFE One of the premier properties on Dataw sland will be opened up for sale early in 1992: Palmetto Point, which will offer some of the most spectacular views in the Lowcounrry, will consist of approximately 25 patio homesitesand likely will go on sale in February. First priority will be given to current Dataw property owners, with the homesites made available to the general public following this advance sale. Palmetto Point is located on the western side of the island, offering premier sunset. marsh and water views. When sales arc opened up for Palmetto Point, the infrastructure will already be in place, according to Arthur Levin, vice-president for marketing and sales. ncentives may be offered for early buyers, so interested persons are encouraged to contact their sales representative for details immediately. By Bill Scanlan One of the pleasures of writing this column is getting to meet many of the first-time visitors to Dataw. Sooner or later, they want to know how my wife and happened to find Dataw, comi ng as we did from Nashville, Tennessee. tell them that carly in my business career, had an office in Charlotte, North Carolina, from which traveled throughout South Carolina. The friendly people of South Carolina made a lasting impression on me; so did the lovely coastal country. When Frankie and began searching several years ago for a place to retire, security for any financial ourlay, a nice neighborhood, and good medical facilities. We began visiting various coastal locations in the Carolinas and northern Georgia. After nearly fouryearsoflooking. we saw a Dataw ad in The \\fall Street ]olimal. We made an appointment, checked into the Bluffs, and ended our search. We found everyth ing we wanted on Dataw and much more, including beautiful Beautort, friendly folks, excellent physical security, wonderful fresh water fishing, an abundance of wildlife, and we made our "wish list." OUT retirement first-rate go lf. spot should be in a vibrant small town near clean salt water for fishing. Plus, it should have four seasons, hunting So thats the happy ending to our story. t continues with a fulfilling retirement life here on our island. opportunities, no tourists, reasonable 2

203 "PRNCE OF TDES" PREMERES N BEAUFORT DATAW'S GOLF PRO WEA R S MANY H ATS Beautiful Beaufort was the scene of the local premiere of "The Prince of Tides," the film shot last summer in and around the town and nearby Lowcounrry areas. The movie, based on the best-selling novel by Pat Conroy, opened in Beaufort in December as part of a fund raiser sponsored by the Historic Beaufort Foundation and the Beaufort County Open Land Trust. About 350 people attended the premiere, which was followed by a champagne reception at the Bay Street nn. Portions of the movie had been filmed at the inn. The film premiered earlier in Los Angeles and New York, and went into general release during the holidays. Beaufort, just six miles from Dataw, will remain an interesting place to be this spring. The annual Spring Tour of Homes is sched uled to be held March Bill Hall majored in business at Campbell University in Buies Creek, North Carolina. He also won a golf scholarship to play on the schools golf team. Today, the 36-year-old Hall makes good use of both skills: he, been resident golf pro at Dataw since 1984, and he runs the Dataw pro shop, too. " wear a lot of hats around here," he says. 3 WHAT RECESSON? SALES UP ATDATAW Despite the slow national economy, sales at Dataw as of October 31, 1991, were up about 25 percent over the same period the year before, says Arthur Levin, vice-president of sales and marketing, Conrmwcd on poge 4 His newest hat is that of Daddy. Hall and his wife Cheryl, 32, welcomed baby William Robert "Rob" Hall,Jr., their first child, on October 25th. Cheryl is Dataws administrative assistant for sales and marketing. The couple met on the job at Dataw. Bill Hall, whos been playing golf since he was a 12-year-old aspiring pro in Pennsylvania, gives golf lessons at Dataw. He also plays in various tournaments as Dataw, golf pro and coordinates and runs about 150 golf tournaments each year on the island. His job is "always challenging," he says. " enjoy what do. Golf is really both a hobby and a profession for me, so its nice that can combine the two." Hall came to Dataw nearly eight years ago after stints at three Pennsylvania golf clubs, including Oakmont and Merion Country Clubs. The 1983 U.S. Open was held at Oakmont while Hall was the assistant golf pro there. Hence, he got to playa few practice rounds at the time with Jack Nicklaus and Tom Watson. '''ll probably never get to do that again," he says. Hall is busy planning several upcoming tournaments at Dataw. And twice a month he coordinates the increasingly popular Mixed Couples golf group, which plays at 12:30 p.m. on the first and third Sundays of each month. "ts a nice social event" says Hall. Twenty to thirty couples take part in the golfing event, which is followed by dinner.

204 DOCTORNG, TENNS AND GOLF KEEP THE GLBERTS BUSY Anne and George Gilbert have unusual mementoes in their Dataw sland home: rings he was given when the New York slanders hockey team won the Stanley Cup in 1980, '81. '82 and '83. Dr. Gilbert, a family practitioner, wasn't just your run-of-the-mill fan, you see. He served as the teams physician for l3 seasons. "t meantthat Anne and had togo to a hockey game almost every night of the week," he says. "But it was exciting. We became part of the family and 'adoptive parents' to someoftheyounger team members'. n the mid-1980s, the Gilberts heard about Dataw from friends who already owned property on the island. "We had property on Sea sland (Georgia) and had planned to retire there, but our friends told us weoughtto look at Dataw before we decided." They did, and on their first visit elected to make Dataw their retirement home. The Gilberts' Dataw home was completed in 1987 and the couple used it for getaways until January Thad; when he retired from his Huntington, Long sland, medical practice, and the couple moved South. Now they're fulltime Dataw residents. George was quickly persuaded to come out of retirement. Today, hes in charge of the Family Practice Clinic at the U.S. Nava l Hospital in Beaufort, where he works three days a week. The rest of the time he "plays golf every chance get." (He has a 2 handicap.) He also enjoys crabbing and shrimping, things he couldn't do up North. A nne, mother of the couples six grown children they have 10 grandchildren, too}, also plays a little tennis and a lot of golf. She is a member of the Womens Golf Association of Dataw sland and the Beaufort County Womens Golf Asssociation. The Gilberts couldn't be happier with their choice of Dataw. "Sea sland had gotten very formal and very crowded," says Anne. "We decided we didn't want the cocktail circuit any longer." Dataw, they say, is "quiet and lovely. ts no( overcrowded," They have made lots of new friends. Their neighbors are "people you'd like to spend time with," George says. They also laud Dataws "outstanding" staff and "great" security. The Gilberts have sung Dataws praises so loudly that several friends from Long sland have come South to join them. "Now we have a group." George says. The Gilberts' children and grandchildren also come to visit whenever they can. 'They love it," says Anne. COn...,.j /rom pagoj This is a testament to how much people like living at Dataw, according to Levin. "The people who live here really are enjoying life," he says, "Our residents like being able to golf in the morning and go fishing in the afternoon. And they really enjoy nearby Beaufort and Hunting sland," (The latter isa srate park that has an incredibly lovely beach.) These Daraw residents "tell their friends and they come tovisitandend up buying property," Levin says. "We're very pleased that the Dataw lifestyle is so popular:' COME SEE OUR NEW PATO MODEL HOMES Our three new patio model homes will be open for viewing this spring. Y'all corne' The Grayson, a one-story, twobedroom, two-bath home with a very "Lowcountry look." features a covered front porch and an open rear deck. The square foot home also has a spacious master suite with His and Hers walk-in closets. The Wesley has three bedrooms 4 and two baths in a one-story, square foot design. The master bedroom overlooks a courtyard, and there is a breathtaking view of the golf course from the living room, dining room, and denlbreakfast room, too. Finally, the Berkeley is a two-story, 2,000-square foot home with upstairs and downstairs porches - ve ry much in the Lowcountry style. This patio home has three bedrooms and 211 baths. The Wesley

205 WHO COULD ASK FOR ANYfHNG MORE? For the ((totu7nan ~"fllnhm.. mr,' nallnal beaut)' U'uh an (lbuljwll'(' 0/ /sh and,1mn,' Tfwr 5 flu SOry o/smuh O lf/lilltd ~ LOti,'m.or'" lnd rho.' DaLdu dand arm A. pamdr!oc' Jor f... (tljoon- C71hU.1l(". lj.'h rher hun[("'/", fllherman. or,\lml'(jlk' 01.1 M G$ Jur / feu' (hrzmp fot dinju't 5

206 on 206 LZ 0,:..llltUJ.Jd 066l:JS 'llojne"\j OlVd O~" SOd sn oleli ~n\l 1066Z:)S 'uojne'l 618 mil 'O'd ONVS M.VVa ~l~ --, , WELCOME TO NEW PROPERlY OWNERS TELL A FREND ABOUT DATAW. Share rhegood newsabour Data",1 Send us this coupon and we'll add your friend to our mailing is t ~ Robert Baker and Eva Maria Wustefeld A and SheJia Little Pasadena. MD Ambler. PA larry and Veronica Seidelman Paul and Diane McCarthy Bloomfield Hills. M Glenview, ll Diane Citron and Peter Hobbo Earl and Rachel Martin.e,uherhead. England 1nno.SC Bill and Pat Evans Thomas Masterson Sarasota. FL TrumbuU.cr Carolyn G reen Yukiya and Mary Mori BeautOrt. SC New York, NY Barry and Gwen Hart Arthur and Barbara Morrow Wyommg.OH Fort Salonga. NY Frank and Keay Hathaway Bud and Marty Placeman M,. Prospect.. Me.hopen. PA Phil and Shirley Hawley Volker and Kerstin Rollenhagen Arnold.MD Hamburg, Gennany Bruce and Marlene Kelly Earnest and Deborach Thoma Monroe. LA Spring Grove.ll. Dick and Becky Kocerha Jack and Kay Williams Lafayette. [N Doylestown. PA Send to: Dataw sland P,O, Box 8 [9 Beaufort. SC 2990[ Fro m SC call Outside SC call toll-free: L -.l 6

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208 )20 8

209 COMMUNTES, RESORTS, COMPANES ANO PEOPLE FROM PAST SSUES Dataw sland continues to do the right thing Nestled o n a sm ~ 11 inlet longer than Cotton Dike. and Hills island on the coast of givetlo you a little more room to drive South Carolina, rar from the ball. 13lH while there's more room, the hustling and louristy the layout is well protected with haz "burbs" o f Cha rl eslon and Hilton ar(l., and dramatic shaping." -lead sland, is a residential com 'n,e third hole is classic Hilb--a 377- munity that has revived old Southern yard par-4 that features a mammoth 50- cham1 while coexisting with nature foot oak, n,e towering hardwood is and its fragile environmenl. And if it 220 yards down the right side o f the is privacy, trjdition and gracio u ~ liv fai"vay, an effective guard against easy ing that you desire, look no funher approaches to the nag. nstead, golfe rs than Dataw sland (5L, Nov/ Dec have to drive the ball le ft but short o f '89), the 870-acre former cotton anq(her stand of live O'Jks, then Oy a plantation nem Beaufort, S.c. short iron into a po! bunker-protected A picturesque site w ith acres of green that's only 60 feet deep and 54 pristine marshland and meadows, feet wide, not much bigger than an Dataw is a tribute to its developer, average YJckyard swimmjng pool. Alcoa o f South Carolina, which has preserved the land's delicate ecosystem and abundant wildlife. AnchOring the community is one of the Carolina Lowcountry's most charming yet formidable golf courses, Colton Dike, the 6,825-yard Tom Fazio design ~13t opened in Conon Dike t'$lblished ~le island's faille for great golf, and ~l e rece n~y unveiled MOlgan River course, named arter the nearby warerway to the Atlantic Ocean, significan~y en1lances that reputation. The Morgan River layoul, a 3,815-yard p.1<-39 until the second nine is added ill 1993, is the creation of Arthur Hills, known for hjs work at Bonita Bay near Naples, Fla., Palmetto Dunes (Hilton Head sland, S.c.). Jon:ldlan's ~ing Qupiter, Fla.) ' Sometimes everything isn't in perfect and more recentjy Persimmon Ridge bahtnce. but irs good to have some- (louisville, K),.). thing that g ives people pause for MThere are no g immicks out thought," says Hills alxjljl Number 3. th ere, " says head professional Bill -Sometimes you'l have to hit over the Hall abolit Morgan Ri ve r. -t's trees, and sometimes you'll be able to stnlight-:'\\ay golf. TO( that i(:, casy, punch it through. But the hole is a lot but generjlly... peaking there are no of fun; there are so many ways to play hidden hazard'i. The course is :'1 inje it, it makes people think. And it tests -- L4lm DATAW the player and his level of skill: Virtually surrounded by tidal marshes, Dataw sland also, has d irect access to the ntracoastal and the AtlanLic Ocean via the Morgan River (the watem'jy, nq( the golf course). A mariml was a vinual necessity for the community's lajgc boating population, but no( a the expense of lhe aquatic ecooy:<.em. After considerable time and CXJX!1.Se to pre:erve the natural envirunment, a full-selvice deep-dock m:.uin3 opened in March of a. year. D'dtaw also sports a full-servin: ten- Dalaw sland's reputation for greal golf was J established by its fine Cotton Dike Course, nis facility, an award-winning c1uhhouse and numerous other recrc:'tional activities. An amuent liestyle? You :x:l. Uut a responsible lifestyle as well. Dataw sland is the proverbial leader by example. As the sayi ng goes, if something is wo rth doing, it 's worth doing right. -Chris D/bie island DATAW SLAND REALTY POST OFFCE BOX 819 BEAUFORT, SOUTH CAROLNA

210 00210 FACTS The sland: The Developer: The Community: The Area: 870 acres surrounded by tidal waters and salt marshes. Alcoa South Carolina, nc., a wholly-owned subsidiary of ALCOA. Approximately 1200 dwellings at completion creating a comfortable, not overwhelming community. Beaufort, Charleston and Savannah airport access, close to THE HOMES Patio Homes: Corwentional Homes: Homes Available: The Fairways: Efficiently designed for easy living. Floorplans are available from 2 bedrooms, 2 baths to 3 bedrooms, 3 baths. Priced from $130,000 exclusive of homesite. Homes designed for larger homesites. Floorplans are available from 2 bedrooms, 2 baths to 4 bedrooms, 3\12 baths. Priced from $160,000 exclusive of homesite. Homes built for sale are available for immediate occupancy as well as over 30 homes designed to be built by Alcoa South Carolina, nc., on the homesite of your choice. Also, property owners may have custom homes designed. Maintenance free living in 2 and 3 bedroom golf villas. Priced from $135,000. HOMESTE PRCES Patio Homesites: (Minimum 60'xlOO') Corwentional Homesites: (Minimum 100'x150') Golf Marsh Golf Marsh Golf/Marsh Waterfront $ 37,000-70,000 $ 80, ,000 $ 70,000-90,000 $ 85, ,000 $ 95, ,000 $225, ,000 Dataw sland, P.O. Box 819, Beaufort, SC or

211 Estate Homesites: Pee Dee Point offers exclusive living on homesites of one-half acre to one acre. Prices range from $110,000 to over $300,000. Fmancing: Property Owner's Association: Utilities: Homesites & Second Home Taxes (1992): Taxes for Permanent Residents (1992): Dataw sland Club: Available Club Facilities: Accommodations: Walking, Biking and Fitness Trails: Up to 90% financing available at very competitive rates. The Dataw sland Owner's Association fee is $585 per year (1992). Underground electricity, telephone, city sewer and water, cable TV and security system of purchase price (purchase price x.06 = assessed value x millage rate of.1716) of purchase price (purchase price x.04 = assessed value x millage rate of.1716). Available to Dataw sland Property Owners. Equity memberships are currently being offered with monthly dues based on use of facilities. 18-hole championship golf course designed by Tom Fazio, 9 holes of an 18 hole championship course designed by Arthur Hills, driving range, putting green, 4 Har1"ru tennis courts with 2 lit for evening play, 75-foot Junior olympic-size pool, children's wading pool, clubhouse with dining, lounge, proshop, locker rooms and bag storage. A state-of-the-art marina featuring wet and dry facilities offers full service including a ship's store. Boats up to 100 feet can be accommodated. The Bluff includes 2 bedroom/2 bath and 1 bedroom/! bath rental villas with spectacular views of the golf and/or marsh adjacent to club facilities. Available to customers for short and long term rentals. Paved paths that wind their way through stands of magnificent pines and hardwoods along the main roads. All prices subject to availability and change without notice. Obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property. This offer void where prohibited by law.

212 GOLF FACTS GOLF COURSE STATSTCS Yardage: Cotton Dike Morgan River 6,825 3,805 (9 holes temporary layout. 18 holes upon completion.) Water holes: 8 holes overlook the water and salt marshes surrounding Dataw sland. Par: Course record: Cotton Dike Morgan River Cotton Dike: (nine holes) 66 Rick Morton / George Bryan / Rick Lewallen Designer: Club pro: Superintendent: The History: The sland: Cotton Dike: Tom Fazio. Also known for his work on other championship courses such as Jupiter Hills, Butler National, Wild Dunes and Jonathan's Landing. Morgan River: Arthur Hills. Known for his work at Bonita Bay, Palmetto Dunes and Jonathan's Landing. Bill Hall. A Philadelphia-area native, and formerly assistant pro at Merion Golf Club near Philadelphia, and Oakmont Country Club near Pittsburgh. Donald Garrett. Formerly of Kiawah sland Resort, Charleston, S.c. A graduate of Clemson University with a B.S. degree in Turf Grass Management and a minor in agronomy. Approximately 140 years ago, the plantation owners on Dataw sland attempted to increase the arable land area by laboriously building a system of dikes out from the shores of Dataw. The idea was to trap water and earth, and through gradual filtration, build up the land in order to grow more of the staple crop of the period, Sea sland Cotton. The distinctive features are visible today - and inspired the name for the Cotton Dike Course. Dataw sland is a private residential community on an 870-acre coastal island. The island is six miles from the city of Beaufort, SC, just north of Hilron Head. The award-winning island was honored with the "Builder's Best" award from Buikler Magazine. The developer is Alcoa South Carolina, nc., a wholly-owned subsidiary of ALCOA. Dataw sland, P.O. Box 819, Beaufort, SC (803) , Outside SC

213 THE COMMENTS Bill Hall Club Pro: Tom Fazio Designer: Jim Duncan. Tournament Director Carolinas PGA A Ludwick Associate Sports Editor The Augusta Chronicle: Tommy Braswell Sports Writer Sunday Post/Coum.-, Charleston: "The Cotton Dike Golf course is one of the greatest members courses that 've seen. t can be as challenging as you want to make it, depending on which tees you play from." " would rate the Dataw course as one of the most pleasurable to play." ''Not many new courses are built on pieces of land of this quality." "The natural beauty of Dataw is like another hazard on the Cotton Dike course - it can really be disttacting." "Ftom the time you enter the security gate you get a feeling of quality. There's a character, a style here that is outstanding even before you get to the fmt tee." "f beauty and enjoyability were the only criteria, this course would be far and away No.1 The ninth hole is South Carolina's best." "When you start with the fact of the numberless opportunities presented by marshland areas and add Fazio, the result can't help but be pleasing to the eye and stimulating to golfer's." "When the course isn't bordered on both sides by trees, the view includes various degrees of tidewater areas, populated by gull, egret, pelican, fish and alligator. When you add a human toting a bundle of sticks, it doesn't change the scene that much." "Four holes on the course, the final two on each nine, are as spectacular as anything Fazio has designed." Ron Green Sports Editor The Charlotte ObseTtler: Roy Brown Editor The Golf Reporter: George Sweda Sports Writer Cleveland Plain Dealer: Michael Daml Golf Writer. Far Hills, New Jersey: "f you can't find peace in a place like this, one of the new addresses in the gracefuland burgeoning -lowcountry golfing community, you aren't likely to find it anywhere." "Dataw's Cotton Dike is golf as it was meant to be played... beauty and challenge without monster dimensions, chocolate drop mounds and wall-to-wall railroad ties. A big round of applause for architect Tom Fazio, if you please." "Tom Fazio has fashioned an interesting blend of holes which bring together the unique elements of Dataw sland - the forest, the water and the salt marsh - all while maintaining the quiet dignity you'd expect at an old Southern plantation." "Tom Fazio has done a great job in creating a course that is challenging and fun to play. t doesn't wear you out. Many of the other new courses 've played recently left out the most imponant ingredient - being fun to play." Obtain the Propeny Repon required by Federal law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this propeny. This offer void where prohibited by law.

214 00214 SLAND BEAUFORT FACTS ' Population: Beaches: History: Shopping: Arts: Dining: The population of the greater Beaufort area (including Lady's sland and Burton) is over 35,000. ' Some of the most beautiful beaches on the Atlantic coast await you in Beaufort County. Hunting sland State Park is great for swimming, sunbathing, jogging or fishing and is within 15 minutes of Dataw sland. Beaufort County was first discovered in National Geographic recently sponsored the excavation of 16th century forts and settlements here. Beautiful plantations, Civil War forts: and archeolo~ical sites (including the plantation ruins on Dataw sland) can be 'found throughout the county. The city of Beaufort's historic district, a National Historic Landmark, resembles a small Charleston with its antebellum homes, house, museums and tours. n Beaufort, browse through the stores of historic downtown after a walk in the $5.3 million waterfront park. Nine Beaufort area shopping centers provide all the services of a major city. Stores also include specialty shops for ladies, antique shops, gift shops, music stores and bookstores. With a wealth of cosmopolitan citizens, Beaufort County has developed an appreciation for the arts, unprecedented for an area its size. Nationally and internationally prominent figures visit the ~ounty each year. A few of the organizations. interested in the arts are: Beaufort Community Concert Association Beaufort Garden d::lub Beaufort Art Association American Association of University Women Friends of the Library Audubon Society Historic Beaufort Foundation Beaufort Historical Society, Along with the interniltional flavor 'of many local restaurants, local shrimp, crab, oysters and a variety qf fresh fish are available throughout the Beaufort area., Dataw sland, P.O. Box,819, Beaufurt, SC (803) Outside SC 1.r0J.S

215 00215 Wildlife: Climate: Religion: Schools: Hospitals: Recreation: Beaufort county has the longest hunting season in America. Deer, duck, dove, quail and turkey huntirig thrive on the plantations and in the pine and oak forests. Raccoons and opossums venture to your back door. Sea turtles lay their eggs on the white beaches. The variety and number of birds make this area a bird watcher's paradise. Sea life populates the unpolluted waters. With a mean annual temperature of 65.7 degrees (maximum is 76.5 degrees; minimum is 55.4 degred) Beaufort county's climate is seasonal yet comfortable. Beaufort county has mote than 20 major Protestant denominations with churches in the area as well as two Roman Catholic churches and a Synagogue.. Public - 3 high schdols; 3 junior high schools; 12 elementary; and one school for exceptional children. Private - One 12-year academy; 1, elementary; and 2 church-supported schools. College - One 2-year undergraduate university extension and one associate degree technical colle~e. Beaufort Memorial Hospital, Hilton Head Hospital, and the U.S. Naval Hospital provide both services and hospital facilities in the area. Most specialties are represented by approxima~ely 75 private-practice physicians and 30 private-practice dentists. Emergency Medical Services, nursing homes and extended-care facilities are also available as well as the well-kn0wn Medical University of South Carolina in Charleston.. County-owned landings provide launching for boats on many waterways and there are three marinas in sight bf downtown. Beaufort. Fishing is permitted on many bridges and a fishing pier is located on Hunting slaitd State Park. With 13 public parks and playgrounds, baseball fields, tennis courts and playground equipment abdimd in Beaufort County. Private golf courses are located in the community as wdl as a m:unicipal gym and swimming pool. There are also two mini-golf courses and five movie theatres in Beaufort. \ Obtain the Property Report required by Federal law; and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property. This offer void where prohibited by law.

216 MORGAN RVER MARSHES Of JENKNS CREEK / EXSTNG CCJT1'ON FELO DKES 0',oQ J t ~ ) ) Phase... V. V & V De\le lo lpm ~nt.~ ~=LJ,!Phase V- Development in... Progress Through , ; POLAWANA SLAND L4~ DATAW SLAND DSCOVER A NEW LowCOUNTRV LFESTYLE BVALCOA PROPERfES, NC. Beaufort. South Carolina m ALCOA '",-- --, " Thisilluslralionrepf'e6(>nu; a general plan which is sub,le.'ct1.o future refineml'nl and revision. Dlmeru;ions. boundanes, landscapmg and po6illon locations are for l1u.~tr8ll\'e purpose~ only and are n01 ne<:essaniy inti'nded to be exact Developer speofically reserves the nght to change, modify, and redesignate the land UM' for tholle areas shown on this master plan that are not currently offered for sale.

217 THE PONT DATAW SLAND STE PLAN SPARROW NEST PONT ~t~~~~~~~0 REEVE'S PONT EXSTNG COTTON FELD DKES r~~:::_- '" "'" '" _,f J PALMETO /\.'>~};~~~ PONT '~ -.:::;::.::::-.:::;-:::-:::::::::::v ~~ / 1/ ~?~ O / ::::-- rt fr::::::::::, 1/ 1/ '".:::::: --.Jt r::::-.:::::::::_ 11 -"'''i/ 11 " CURSHA PONT r-rl 11 " " 1/ 1/ 11:::: ~ 1/ -.; :::::- 1/ 1/ / OAK NATURE SLAND PEE DEE PONT co - O,not" COtlon Dike Goll Cou... Oeslgned by Tom Filio Mit _ " MO'gan R... Goll Cour.. Ouigned br Arth ur H [W2P This il!1.l.l>lration represents a general phm which is subject to future refinement and revision. Dimensions, ooundlln('s, landscaping Rnd position locations are for illulltrati\'{' purpose! only and are not necessanly intended 10 be exact.. De\'eloper specifically reservem the right to change, modify, and rm!'!ligrulte the land use fi)f those arew! ~howt1 on this mruoter plan that are not rurrently offered for sale.