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97 HABERSHAM OWNER INFORMATION Guidelines & Procedures
98 HABERSHAM CONTRACT ADDENDUM 1 The undersigned Parties hereby agree as follows: For all property types in Habersham, the following clauses are in effect: 1. Community Association Dues: Purchaser agrees to pay, at closing, to the Habersham Neighborhood Association, Inc. (HNA), an initiation fee equal to one year s annual dues. In addition the HNA annual dues shall be prorated at closing. Purchaser understands that initiation fee and dues are subject to change at the end of each calendar year. Should the closing extend into the next calendar year, the Purchaser will be subject to the revised initiation fees and annual HNA dues. 2. Airport Overlay District: The property is located in the Special Planning Area airport zone as such as delineated on the Beaufort County maps showing the Airport Overlay Districts and the disclosure form required by the Beaufort County Development Standards Ordinance Section shall be part of this contract. 3. Street Lamps: Each resident will be assessed a proportional monthly charge for street lighting service, as prescribed by the South Carolina Public Service Commission. 4. Receipt of Covenants Acknowledgement: By their signature(s), the purchaser acknowledges having received a copy of the Habersham Covenants, Easements, and Restrictions, and any other appropriate documentation. 5. Southern Living Zero Liability: Purchaser acknowledges and understands that Southern Living did not supervise or control the sale or construction of this residential community, that licensee has made no statements or representations that Southern Living supervised or controlled the construction, and that the purchaser is not relying on any such statement or representations in purchasing this lot. Purchaser shall have no recourse to Southern Living or any of its affiliates in the event of any claim, loss, liability, or other legal action that may arise out of purchaser s purchase of this lot. In addition to the above, for the purchase of a lot in Habersham, the following clauses are in effect: 1. Habersham Architectural Review Board: Purchaser agrees to submit to the Habersham Architectural Review Board ( HARB as defined in the Declaration of Covenants, Restrictions & Easements for Habersham (the Declaration )), plans and specifications for construction of the residence on the property shall include: (i) a site plan showing the location of all proposed and existing structures (as defined in the Declaration) on the property, including building setbacks, open space, driveways, walkways and parking spaces (ii) foundation plans, (iii) floor plans, (iv) plans for landscaping, grading, and controlling stormwater runoff. Approval of such plans and specifications shall be governed by the terms and provisions of the Declaration and the Habersham Architectural Urban & Landscape Standards (the standards ). The builder and the architect to be used by the purchaser must be members of the Habersham Builders League and the Habersham Architects Guild, respectively. Purchaser agrees to construct the residence in accordance with plans and specification. There shall be no change in plans and specifications without prior written consent of the HARB. 2. Security Deposit: Simultaneous with the submission of plans and specifications to the HARB, purchaser shall deposit with the HARB the sum of $1500 as security for the purchasers obligation to comply with the terms and provisions of the declaration and standards. Said funds shall be refunded to purchaser on final approval by the HARB of the completed residence on the property, and provided purchaser shall have complied with the terms and conditions of the declaration and standards during the construction period of said residence. If purchaser fails to comply with the
99 terms and provisions of the declaration and standards during the construction. Of the residence and such failure continues after the purchaser shall have been given notice of such default on at least two separate occasions by the HARB then the HARB shall be authorized to deduct from such funds on deposit such sums as are necessary to cure purchasers default. In the event such account is depleted, purchaser shall be responsible for and shall pay the HARB such additional costs as maybe spent but the HARB incurring purchaser s default. 3. Construction Period: purchaser shall keep the property, alley, and street in a clean and orderly manner. Purchaser agrees to unload all building materials behind the residence under construction and not in the street; or any other paved areas. All construction traffic shall use the alley behind the home. Purchaser shall be responsible for any damage to curves storm drains Street surfaces sidewalks or trees caused by him his employees agents and contractors. 4. Marketing Fee: Purchaser acknowledges that, in addition to receiving a commission from the seller in connection with the sale of the property, the Broker will be paid a marketing fee by the builder of a residence on the property. 5. Right to Repurchase: purchaser acknowledges, in accordance with article of the Habersham covenants and restrictions, the Habersham Land Company has the right, but not the obligation to repurchase the home site at the purchase price the purchaser paid for the home site if for any reason the purchaser does not begin construction of the home on this home site within (5) five years of the closing date. 6. Beaufort county impact fees: on June 26, 1995 Beaufort County enacted ordinances number 95/23 known as the impact fee procedure roll ordinance number 95/24 known as the fire facilities impact fee ordinance and number 95/26 known as the school facilities impact fee ordinance. These three ordinances generally provide for the collection of certain fees at the time of building permit issuance for new residential construction and will be the expense of the purchaser. No impact fees are due at the time of closing on the lot, but rather will be due at the time of issuance of a building permit. IN WITNESS WHEREOF, the parties have duly executed this agreement: Buyer Date: / / Buyer Date: / / Seller Date: / / Seller Date: / /
100 Habersham Home Builders League Construction Rules CONSTRUCTION HOURS: Please advise your staff and subcontractors that construction work is allowed and restricted according to the following schedule. Monday thru Friday 7am to 7pm All work allowed inside and out. After 7pm Only inside finish work allowed (painting, sanding, punch list items, etc.) Absolutely no outside noise allowed including tools, machinery, music, compressors, etc. Saturday 9am to 5pm All work allowed inside and out. After 5pm Only inside finish work allowed (painting, sanding, punch list items, etc.) Absolutely no outside noise allowed including tools, equipment, machinery, music, compressors, etc. Sunday and Holidays 10am to 4pm Only inside finish work allowed (painting, sanding, punch list items, etc.) Absolutely no outside noise allowed including tools, equipment, machinery, music, compressors, etc. CONSTRUCTION RULES: 1. All construction will be performed in exact accordance with architectural package approved by the HARB except interior modifications. 2. No project shall set idle for a period exceeding two weeks. 3. The construction site must be cleaned on a daily basis. 4. Waste materials must be kept in storage containers. Absolutely no burning of waste materials on site, unless in an enclosed container. 5. All construction traffic must use the alley with the exception of 18 wheel delivery trucks, which may be off loaded from the street. 6. All construction materials must be contained within the lot in which the construction is taking place. 7. Loud music is prohibited. Radios will be allowed only in the interior of the home after dry in. 8. Silt fencing must be installed on the front and sides of the lot no later than three days after commencement of construction activities. 9. Builder agrees to post approved builder sign on the property. Habersham will supply the available rider sign. 10. Builder acknowledges that final landscaping must include sod and irrigation from the property line to the street, as stated in Habersham s Architectural Standards.
101 HABERSHAM GOLF CART PROCEDURES As per South Carolina State Law, all drivers of golf carts must be at least 16 years of age with a valid driver s license. Carts must follow all posted speed signs within the neighborhood. All passengers, including the driver must stay seated while cart is in motion. No horseplay while on golf carts. Carts are allowed only on roads and alleys. Carts must stay off all park and landscaped areas. Each golf cart must be registered with the Habersham Neighborhood Association (HNA). Registration stickers are available through the Habersham Properties office.
102 HABERSHAM PARKS USAGE GUIDELINES Daily Individual Informal Use Habersham neighborhood parks will be available for daily individual informal use by members of the Habersham Neighborhood Association, resident tenants, and their guests in accordance with established rules and guidelines. Daily informal usage will typically be permitted from dawn to dusk, seven days a week. Daily individual informal usage may be precluded by pre-scheduled private events. Neighborhood Clubs, Groups and Organizations Neighborhood parks will be available for use by clubs, groups and organizations comprised of or containing Habersham Neighborhood Association (HNA) members for no charge provided all HNA members may attend and participate. Private organizations and clubs holding events are required to pay the applicable rental fees (see Venue Rental Agreement & Facilities Guidelines, Schedule A for specifics) for use of any neighborhood park. The dog park is not available for reserved use. If a neighborhood club, group or organization has food at the event, a refundable Cleaning/Damage Deposit of $500 shall be due and payable at the time the park is reserved. The Cleaning/Damage Deposit will be refunded within fourteen (14) days of the event provided the park is returned in acceptable condition. Repairs and cleaning shall be made at the sole discretion of the Association. The space should be left as it was found. Guidelines Trash shall be removed upon completion of event from all areas. Roadways must not be blocked during the event. Parking must be in designated areas only. No parking on the grass is allowed. Parking requirement should be discussed at the time of reservation. The use of an amplified sound system in any neighborhood park is strictly limited and may only be used for a wedding ceremony (ie. processional, recessional, and vows). Clean out charcoal grills (Habersham Park only). As a courtesy to residents, scheduled events shall end no later than 11:00 pm. You should find the park in reasonable condition and in return, it is expected that after your scheduled function, you will return it to that same condition by 10:00 am of the following morning (if an evening event) or by 6:00 pm the evening of the event (if a morning event). If Habersham staff has to clean up after the event, your cleaning/damage deposit will be forfeited completely. Inquiries concerning use of the Parks for Habersham Neighborhood clubs, groups or organizations, or for use by an individual or group for a private event, should be directed to the Guest Services Director, who may be reached at
103 PARK HOUSE USAGE GUIDELINES Daily Individual Informal Use The Main Hall and Restrooms in the Park House will be available for daily individual informal use by members of the Habersham Neighborhood Association, resident tenants, and their guests in accordance with established rules and guidelines. Daily informal usage will typically be permitted from 7:00 am to 11:00 pm, seven days a week. Daily individual informal usage may be precluded by pre-scheduled private events. Portions of the Park House, including kitchen, will not be available for daily individual informal usage. Neighborhood Clubs, Groups and Organizations The main hall and restrooms will be available for use by clubs, groups and organizations comprised of or containing Habersham Neighborhood Association (HNA) members for no charge provided all HNA members may attend and participate. Private organizations and clubs holding events are required to pay the applicable rental fees (see Venue Rental Agreement & Facilities Guidelines, Schedule A for specifics) for use of the Park House. If a neighborhood club, group or organization has food at the event or wishes to use the catering kitchen, a refundable Cleaning/Damage Deposit of $500 shall be due and payable at the time the facility is reserved. The Cleaning/Damage Deposit will be refunded within fourteen (14) days of the event provided the Park House is returned in acceptable condition. Repairs and cleaning shall be made at the sole discretion of the Association. The space should be left as it was found. Guidelines Trash shall be removed from all areas, including kitchen and bathrooms, upon completion of event. Roadways must not be blocked during the event. Parking must be in designated areas only. No parking on the grass is allowed. Parking requirement should be discussed at the time of reservation. Music may only be heard within a 100 radius of the structure. As a courtesy to residents, scheduled events shall end no later than 11:00 pm. You should find the facility in reasonable condition and in return, it is expected that after your scheduled function, you will return it to that same condition by 10:00 am of the following morning (if an evening event) or by 6:00 pm the evening of the event (if a morning event). If Habersham staff has to clean up after the event, your cleaning/damage deposit will be forfeited completely. Inquiries concerning use of the Park House for Habersham Neighborhood clubs, groups or organizations, or for use by an individual or group for a private event, should be directed to the Guest Services Director, who may be reached at
104 HABERSHAM TENNIS COURT RULES 1. The facilities are for the use of Habersham residents and their guests only. 2. Tennis shoes or sneakers only may be worn on the tennis courts. 3. Bicycles, roller skates, skateboards, and pets are not permitted on the courts. 4. Tennis ball cans, water bottles, and other debris should be placed in the trash receptacles provided. 5. A guest must be accompanied by the resident who has invited him or her to play. 6. All tennis court rules, regulations, and courtesies shall be observed. 7. The ethics of tennis and sportsmanship shall prevail. 8. After play, brush surface and sweep lines hour time limit for singles and 1 ½-hour limit for doubles.
105 HABERSHAM POOL RULES 1. This pool is open from dawn to dusk. 2. The maximum number of swimmers allowed in the pool is No more than six guests per household (non-immediate family) are allowed at the pool. Guests must be accompanied by their host. 4. For the health and safety of all residents, children under the age of 13 must be accompanied and supervised in the pool area by a guardian at least 16 years of age. 5. No children should be in the pool without supervision. 6. Children still in diapers must be wearing swim diapers to enter either pool. 7. There should be no solo swimming. 8. There should be no running, boisterous, or rough play. 9. No eating is allowed in the pool. Food must be consumed at the provided tables. 10. No glass allowed in the pool or deck area. 11. No smoking is allowed at the pool. 12. No person under the influence of alcohol or drugs should use the pool. 13. No animals or pets are allowed in the pool. 14. No loud music is allowed at the pool. 15. You should take a shower before entering the pool. 16. Persons with skin, eye, or nasal infections should not enter the pool. 17. Persons with a communicable disease should not enter the pool. re should be no spitting or nose blowing in the pool. 18. There should be no spitting or nose blowing in the pool. 19. Persons with diarrheal illness or nausea should not enter the pool area. 20. Persons with respiratory infections should not enter the pool. 21. Persons with open lesions or wounds should not enter the pool. 22. A first aid kit is located above the water fountain on the upper deck. 23. An emergency phone is located adjacent to sign on the upper deck. 24. Habersham does not accept any reservations for the pool. 25. No furniture within 10 feet of the pools. 26. No large or multi-person floats. For the enjoyment of all users, dimensions of flotation devices in the pool are restricted to a size no larger than the length/width of an average adult plus a maximum of 6 additional inches in any direction. Height and depth of devices is restricted to no more than 6 inches above or below the water surface. Flotation devices for infant safety and comfort are excluded from height restrictions. 27. No boogie boards or hard floats. 28. No water balloons at the pool as they can get caught in pool filters.
106 RIVER RETREAT USAGE GUIDELINES Daily Individual Informal Use The River Retreat will be available for daily individual informal use by members of the Habersham Neighborhood Association, resident tenants, and their guests in accordance with established rules and guidelines. Daily informal usage will typically be permitted from 7:00 am to 11:00 pm, seven days a week. Daily individual informal usage may be precluded by pre-scheduled private events. Neighborhood Clubs, Groups and Organizations The River Retreat will be available for use by clubs, groups and organizations comprised of or containing Habersham Neighborhood Association (HNA) members for no charge provided all HNA members may attend and participate. Private organizations and clubs having events are required to pay the applicable rental fees (see Venue Rental Agreement & Facilities Guidelines, Schedule A, for specifics) for use of the River Retreat. If a neighborhood club, group or organization has food at the event, a refundable Cleaning/Damage Deposit of $500 shall be due and payable at the time the facility is reserved. The Cleaning/Damage Deposit will be refunded within fourteen (14) days of the event provided the River Retreat is returned in acceptable condition. Repairs and cleaning shall be made at the sole discretion of the Association. The space should be left as it was found. Guidelines Trash shall be removed upon completion of event from all areas. Roadways must not be blocked during the event. Parking must be in designated areas only. No parking on the grass is allowed. No parking is allowed on the River Retreat Island. The roadway to the River Retreat shall be used for drop-off and pick-up only. Parking requirement should be discussed at the time of reservation. All fires shall be tended until fully extinguished. Clean out charcoal grills. Access to the neighborhood dock shall be maintained except for finite periods during special events (ie. a wedding ceremony). Music may only be heard within a 100 radius of the structure. As a courtesy to residents, scheduled events shall end no later than 11:00 pm. You should find the facility in reasonable condition and in return, it is expected that after your scheduled function, you will return it to that same condition by 10:00 am of the following morning (if an evening event) or by 6:00 pm the evening of the event (if a morning event). If Habersham staff has to clean up after the event, your cleaning/damage deposit will be forfeited completely. Inquiries concerning use of the River Retreat for Habersham Neighborhood clubs, groups or organizations, or for use by an individual or group for a private event, should be directed to the Guest Services Director, who may be reached at
107 HABERSHAM DOCK RULES The Habersham docks are private. They are for the use of Habersham residents and their guests only. All boats must be registered with the Habersham Neighborhood Association. No discharge of oil, bilges, etc. Discharge of oil prohibited The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable water and contiguous zone of the United States. Violators will be held responsible for any illegal penalties imposed and will be charged full clean up. No discharge from marine heads is permitted while at the dock. Residents will only be permitted to dock boats for a 48-hour period. Live-aboards will not be permitted. Trash must be bagged and placed in receptacles where provided. Major repairs, outfitting or refitting of vessels at dock are prohibited. Minor repairs, mechanical adjustments, electrical work is prohibited. No swimming or diving from either dock. The currents in the river can be extremely strong and dangerous. Fishing from the dock is permitted. Cleaning of fish is only permitted at the fish cleaning station on the dock. The HNA reserves the right to refuse dock space to any vessel deemed to be in unsafe condition.
108 HABERSHAM FISHING RULES As a resident or guest, please take advantage of fishing in our fully stocked ponds. We ask that you use a cane pole, fly reel or spin reel. While fishing in the upper portion of the West Pond you will catch fresh water fish like large mouth bass and brim. Our East Pond has some salinity so you may catch both fresh water fish like the large mouth bass and brim, however you may also catch some redfish. PLEASE observe a catch and release policy. There is no parking allowed on the grass surrounding the ponds. Do not approach, feed or harass alligators or any wildlife present in ponds. Swimming or wading in ponds is prohibited. No pets allowed in ponds.
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