CLUB PLAN AGREEMENT
KEMAH LAKE PROPERTY OWNER’S ASSOCIATION, INC.
WHEREAS, we the undersigned, are the owners severally and/or jointly, of one or more improved or unimproved lots or tracts of land forming a part of the Kemah Lake Property Owner’s Association, Inc., located in the Township of Hampton, Sussex County, New Jersey, (hereinafter referred to as the “Association”); and
WHEREAS, the title to each and all the lots and tracts covered by this Agreement including those belonging to the undersigned were or are subject to certain long-standing restrictions, reservations, provisions and conditions which have contributed materially to the harmonious improvement and development of the Association; and
WHEREAS, we for these reasons desire that the said restrictions, reservations, provisions and conditions, which may expire or have expired by limitation, shall with or without certain modifications, be continued in full force and effect as hereinafter provided.
NOW, THEREFORE, we, the undersigned, being the owners as aforesaid of certain improved or unimproved lots or tracts of land comprising the Association in the Township of Hampton, Sussex County, New Jersey, do hereby severally and/or jointly for ourselves, our heirs, executors, administrators, successors and assigns, in consideration of the mutual covenants herein set forth, severally agree to and with each other and all of the like owners of other lots or tracts of land and premises now (or in the future) owned by us respectively, and any and all lands and premises in said sections now owned by us or any of us respectively or in which we or any of us have any vested or beneficial interest shall whether properly identified after our respective names or not, be subject to and be firmly bound by the terms, conditions, restrictions, and regulations set forth in the Association’s Constitution, By-laws, rules and regulations, presently existing and as hereinafter amended or adopted, and the restrictions, reservations, provisions and conditions hereinafter set forth as covenants running with the said land and premises, until March 1, 2002, and thereafter for successive periods of ten years each, except as hereinafter provided, in the event that the then owners of a majority of the lots and tracts of land and premises covered by this Agreement, shall hereafter agree to modify or to terminate the said restrictions, reservations, provisions and conditions in whole or in part as they may apply to any or all of such successive periods.
If and when a minimum of 120 active voting members covered by this Agreement (as defined in the Association’s By-Laws) shall have duly executed and delivered this agreement or a counterpart thereof, an appropriate certificate or certificates to that effect made by the President of the Association or of its successors or assigns and attested by the Secretary thereof shall, when and if recorded in the office of the Clerk of Sussex County, New Jersey, be conclusive evidence of the binding effect of the applications of the said restrictions, reservations, provisions and conditions set forth in this Agreement upon such lots and tracts of land and premises from and after said date and, consent to the recording of such certificate or certificates, we do here by for ourselves, our heirs, executors, administrators, successors and assigns, expressively waive any and all right or claim of right to challenge the binding effect thereof.
The recording of a like certificate or certificates made by the officers of the Association, its successor or assigns, prior to the expiration of any one or more of the successive periods above provided, to the effect that the restrictions, reservations, provisions or conditions herein set forth shall have been in like manner agreed to be modified in whole or in part by the minimum of 120 then active voting members of the Association shall be conclusive evidence of that fact, and if and when such certificate or certificates shall be recorded in the Office of the Clerk of Sussex County, New Jersey on or prior to the effective date specified in such agreement or agreements the restrictions, reservations, provisions or conditions as so agreed to be modified shall from and after said date be binding upon all lots and tracts of land and premises for the period so specified until and unless further modified.
The restrictions, reservations, provisions and conditions hereinafter referred to are the following:
Section One: All uses and structures permitted under the terms of the following sections shall conform to municipal ordinances which may be applicable to such permitted uses or structures.
Section Two: The owner of any property shall be responsible for the sanitary disposal of all sewage, garbage and rubbish and no disabled vehicles, garbage or rubbish may be stored on or disposed of on any of the lots subject to this Agreement.
Section Three: All owners of property agree to make payments to the Association of Association Charges (including any special assessments) in accordance with the provisions of the By-Laws of the Association in effect for any fiscal year. In the event such charges remain in default for a period of one year, interest at the rate of highest legal rate applicable from due date shall be charged upon the unpaid amount thereof from the date when said charges were due. In the event any overdue account is referred to an attorney for collection, the sum of 25 percent shall be added to the amount due to cover attorney’s fees. The payment required to be made hereby shall be a personal obligation, and shall be and become until paid, a continuing lien on the property of the owner or owners so in default.
Section Four: It is understood and agreed that the Association’s facilities are available only to members of the Association who are in good standing and their guests.
AGREEMENT OF PROPERTY OWNERS AT KEMAH LAKE, HAMPTON TOWNSHIP, NJ
We, the undersigned, being the owners severally and/or jointly, of one or more improved or unimproved lots or tracts of land forming a part of Kemah Lake in the Township of Hampton, Sussex County, New Jersey, as such hereinafter more particularly identified and described by lot and block set forth after our respective names, do hereby severally and/or jointly for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, severally agree to and with each and all of the like owners of the other tracts of land who have so bound their properties in Kemah Lake that said lots or tracks of land and premises now, or in the future, owned by us respectively be subject to and be firmly bound by the restrictions, reservations, provisions and conditions set forth in agreement entitled “Club Plan Agreement, Kemah Lake Property Owners’ Association, Inc.”, signed by Ruth Schiro, et als., and recorded in the Sussex County Clerk’s office on September 5, 1995, in Book 2098, Page 46 et seq.
IN WITNESS WHEREOF, we have hereunto signed this agreement on the date set forth after our respective names.
WITNESS NAME LOT BLOCK DATE
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State of New Jersey }
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County of Sussex }
BE IT REMEMERED, that on ______________, 200_, before me, the subscriber, personally appeared
who, I am satisfied, is the person named in and who executed the within Instrument, and thereupon acknowledged that signed, sealed and delivered, the same as act and deed, for the uses and purposes therein expressed.
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