After recording return to:
Amy H. Bray, Esq.
Andersen, Tate, Mahaffey & McGarity, P.C.
1505 Lakes Parkway, Suite 100
Lawrenceville, Georgia 30043
(12351.16001)
CROSS REFERENCE: Declaration of Grant of Use Rights: Deed Book: ______
Page: ______
Owner's Deed: Deed Book: ______
Page: ______
EASEMENT AND USE AGREEMENT
(Full Facilities Membership)
THIS AGREEMENT is made on this ____ day of _______, 200_, by HUNTCLIFF
RESIDENT HOMEOWNERS' ASSOCIATION, INC., a Georgia nonprofit corporation (the "Declarant") and the undersigned owner(s) of a residence in Huntcliff ("Owner"), which residence is located at_____________________________________________ and was conveyed to Owner by a deed recorded in Deed Book ______, Page _____ in the Gwinnett County, Georgia land records ("Residence").
WITNESSETH
WHEREAS, pursuant to those certain Articles of Incorporation for Huntcliff Resident
Homeowners' Association, Inc. ("Association") the Association was organized to provide maintenance of the grounds and entertainment facilities located within Huntcliff subdivision, among other things; and
WHEREAS, pursuant to the Bylaws of the Association ("Bylaws"), every owner of a lot within Huntcliff subdivision has the right, but not the obligation, to be a member of the Association pursuant to the terms of the Bylaws;and
WHEREAS, the Association now desires to grant such member use rights permanently to the consenting members of the Association (the property comprising Huntcliff subdivision is
hereafter referred to as the "Grantee Property"); and
WHEREAS, Declarant executed that certain Declaration of Grant of Use Rights to the Recreational Facilities of Huntcliff Resident Homeowners' Association, Inc. to Homeowners in
the Huntcliff Community, dated _______, 200_ and recorded on ________________, 200_ in Deed Book _____, Page ____, et seq. in the Gwinnett County, Georgia land records
("Declaration of Grant of Use Rights") which sets forth the extent of the member use privileges granted herein and the fees to be charged therefor; and
WHEREAS, the Association and Owner desire to enter into this Agreement conveying to Owner an easement appurtenant to the Residence to use the recreational facilities owned and
operated by the Association ("Recreational Facilities");
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Initiation Fee: Owner hereby agrees to pay to the Association upon the execution of this Agreement the sum of $____________ as the initiation fee for the grant of this easement.
2. Annual Fees. Owner further agrees to pay to the Association such annual fees, as may be established from time to time in accordance with the Bylaws and the Declaration of Grant of Use Rights, for the use of the Recreational Facilities.
3. Creation of Lien and Personal Obligation for Fee. The annual fee, together with late charges, interest (at a rate set by the board of directors of the Association from time to time, but not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum on the principal amount due) and costs of collection, including, without limitation, reasonable attorney's fees actually incurred, shall, from the time the sums become due and payable, be a charge on the land and shall be a continuing lien in favor of the Association on the residence.
The recording of this Agreement shall constitute record notice of the existence of the lien and no further recordation of any claim of lien shall be required.
Each such annual fee, together with late charges, interest, and costs, shall also be the personal obligation of the person who is the owner of the Residence at the time the annual fee
falls due. Each Owner shall be personally liable for the portion of each annual fee coming due while the Owner and each grantee of the Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid annual fees of the grantor shall not apply to any first mortgagee taking title through foreclosure proceedings.
No Owner may waive or otherwise exempt themselves from liability for the
annual fee provided for herein, including, by way of illustration, but not limitation, abandonment
of the Residence. No diminution or abatement of any annual fee shall be claimed or allowed by reason of any failure of the Association to take some action or perform some function required to be taken or performed by the Association, the obligation to pay such annual fees being a separate
and independent covenant on the part of each Owner. All payments shall be applied first to costs, then to late charges, then to interest, and then to delinquent annual fees.
4. Easement. The Association hereby conveys to Owner an easement appurtenant to the residence to use the Recreational Facilities as provided and upon the terms and conditions set forth in the Association's bylaws and the Declaration of Gant of Use Rights. Such easement
shall be appurtenant to and shall run with the title to Owner's Residence and may not be transferred, conveyed, pledged, or assigned. The rights of the Owner under such easement may be suspended by the Association for any period during which any past due annual fees remain unpaid and for a reasonable period of time for an infraction of any rule applicable to the use of the Recreational Facilities.
5. Successors Bound. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, assigns, successors, and successors-in-title to the
Recreational Facilities and the Residence.
IN WITNESS WHEREOF, the Owner and the Association have signed and sealed this
Agreement the day and year first above written.
ASSOCIATION: HUNTCLIFF RESIDENT
HOMEOWNERS' ASSOCIATION,
INC., a Georgia nonprofit
corporation
By: _________________________
R. Trace Blackmore, President
[CORPORATE SEAL]
Signed, sealed and delivered
in the presence of:
___________________________
Unofficial Witness
___________________________
Notary Public [NOTARY SEAL]
OWNER: _____________________________
Print Name(s)
_______________________[SEAL]
_______________________[SEAL]
Signed, sealed and delivered
in the presence of:
___________________________
Unofficial Witness
___________________________
Notary Public [NOTARY SEAL]