LAKELAND PROPERTIES, LLC d.b.a MOUNTAIN LAKE CLUB 1329 Lakeside Harpers Ferry, WV 25425

You are hereby put on NOTICE that this Document sets forth principles and rules for your safety,

and to protect the environmental integrity of Lake Shannondale.      

Lake Use Agreement 2016-2017 (LAKESIDE LOT OWNERS)

BY AND BETWEEN LAKELAND PROPERTIES, LLC (“LAKELAND”), OWNER OF LAKE SHANNONDALE, AND ____________________________________, LAKESIDE LOT OWNER (“LLO”, “Lot Owner”), dated _____________________________, 2016.    

 Please note that Lakeland Properties, LLC, is the owner of Lake Shannondale and adjacent

property as shown on its Deed dated May 1, 2001, filed in the records of the Clerk of Jefferson County, West Virginia in Deed Book 947 at Page 616.

As owner of the Lake, Lakeland has the authority to permit or prohibit access to its waters. Owners of property adjacent to Lakeland’s Property would like to use Lake Shannondale for

recreational purposes. Lakeland is agreeable to allowing/permitting such use under its Rules, which limit lake use to

those lot owners who have applied for and purchased annual Access Privilege Permits, and agreed to comply with the provisions of this Agreement

THEREFORE, for and in consideration of the payment of the annual charge for Lake use, and other good and valuable consideration, receipt of which is acknowledged, the parties agree as follows:

1. The Lakeside Lot Owner’s application for the Permit is incorporated by reference.

2. Definitions:

a. “Lakeside Lot Owner” (“LLO”) (“lot owner”) is defined as the legal owner of one or more lots abutting/adjoining the waters of Lake Shannondale as defined by the above Survey. The term “guests” includes all ‘others through him’ – his family, friends, tenants, renters, guests, invitees, employees, agents – everyone who uses/accesses the Lake from the Owner’s Lakeside Lot.

b. “Lakeland” means Lakeland Properties, LLC, which owns Lake Shannondale, and promulgates these Rules.

c. “Recreational Access Privilege Permit” or “access rules” are defined as the privilege of 24/7 use of the Lake by the Lakeside Lot Owner and his guests and are created by issuance of a Permit and Payment of a fee, in accordance with this Agreement.

3. Access Rules are attached hereto as Exhibit One. Lot Owner agrees to comply with the Access

Rules as a condition of the issuance of the Permit provided for in this Agreement.

4. Permit. This Agreement is a permit/license to temporarily use Lakeland’s Property during the term of the Permit and does not in any way constitute or convey or affirm an ownership interest in Lakeland’s property, including any easement expressed or implied.

5. “As is” basis; no warranties. The access to the lake that is provided by this Agreement is on an

“as-is” basis without any warranties of any kind.

6. Assumption of Risk, Release, Indemnity. Use of any of Lakeland’s facilities/properties is at Lot Owner’s risk. Lot Owner agrees to indemnify Lakeland and to hold Lakeland Properties, LLC dba Mountain Lake Club, its principals, agents and representatives harmless from and against any and all claims, including attorney’s fees and costs, arising out of his, his family’s, and guests’ use of or presence at the Lake and any of Lakeland’s facilities.

7. Lot Owner acknowledges receipt of a copy of these rules and agrees that this Agreement and Exhibit One as amended from time to time, continue to apply to him, his family and guests when he renews this Permit. Copies of amendments are available on request.

8. Lakeside Lot Owner, agrees that if he or his family or guests violate any of these Rules and Conditions or other Policies of Lakeland, at the request of Lakeland, he will forfeit his Permit and the fees paid, and will be denied access to the Lake and other Lakeland properties.

9. Lakeside Lot Owner represents that he has the authority to enter into this Agreement on behalf

of all owners/title holders to the Lakeside Lot. AGREED: Date: _________2016. LOCAL ADDRESS: ___________________________________ LAKESIDE LOT OWNER’S SIGNATURE: ______________________________________________________ (print name) ___________________________________________________________, Lots _____, _____, and ________, Section _____,_____ Shannondale Subdivision, KABLETOWN DISTRICT, JEFFERSON COUNTY WEST VIRGINIA. THIS AGREEMENT EXPIRES ON _____________________, 2017, UNLESS SOONER TERMINATED. LAKELAND PROPERTIES, LLC BY ITS AUTHORIZED REPRESENTATIVE: ___________________________________.

Note: DOCKS AND DOCK PERMITS: The Lake Uses authorized by this Permit do not include Docks. Before Lake Lot Owners can have a dock on Lakeland’s property, they first must file an application for and obtain the Permit, pay the annual fee in advance, and agree in writing to comply with all the its Rules and Conditions.

The Lakeside Lot Owner who has an existing dock must also apply for a Dock Space Permit, assure that the dock is in good condition and not in need of repairs, and pay annual dock rental fees to Lakeland. The dock will be allowed so long as the Lakeside Lot Owner is in good standing under the Recreational Access Privilege Permit and under the Dock Space Permit, the dock is in good condition, and other Policies or Rules have been complied with.