SCHEDULE ā€œCā€

  1. Unless prohibited by the context in which they are used, the following words, when used in this document, shall have the following meanings:
    1. "Private Road" shall be the private road located upon lands owned by Lake Erie Country Club Ltd. [hereinafter referred to as "LECC"], being part of the Caldwell Grant, in the Town of Amherstburg, in the County of Essex and running in a southerly direction from Essex County Road 50 (Lakeshore Road) to Lakeside Road, in the Town of Amherstburg (formerly the Township of Malden) in the County of Essex and Province of Ontario.
    2. "Owners" shall mean the registered owners, whether one or more persons or legal entities, of the fee simple title to any of the lots on Registered Plan 1038 registered in the Land Registry Office for the County of Essex (No. 12), Ontario.
    3. "Road Assessment" shall mean the Annual Assessment, Special Assessment and/or Supplemental Assessment issued by LECC to the Owners relating to the costs of upkeep and maintenance of the Private Road.
    4. "Tax Assessment" shall mean the Annual Assessment, Special Assessment and/or Supplemental Assessment issued by LECC to the Owners relating to their proportionate share of the Municipal Property Taxes or other expenses incurred by LECC and relating to structures or other improvements located in whole or in part on LECC property immediately North of Lakeside Road and North of the Owners' lands.
    5. "Common Area Fee Assessment" shall mean the Annual Assessment, Special Assessment and/or Supplemental Assessment issued by LECC to the Owners relating to their proportionate share of the Municipal Property Taxes, maintenance, upkeep and repair costs, the cost of improvements duly authorized by LECC, and any other expenses reasonably incurred by LECC in relation to the marsh, club house, baseball diamond, and other areas or structures available for use by all members in good standing of LECC.
  2. Private Road:

  3. All expenses of LECC incurred in fulfilling the obligations referred to in the above paragraph shall be charged to and payable by Road Assessments against the Owners. The Board of Directors for LECC shall proportion such expenses among the Owners and the Treasurer of LECC shall levy Assessments against the Owners annually and may levy additional Special Assessments or Supplemental Assessments as may be required for recovery by LECC of said expenses.
  4. All annual Road Assessments shall be levied by the Treasurer of LECC and shall be sent by ordinary mail to the Owners at their last known address not later than April 15 of each year and such Assessments shall be due and payable by the Owners to LECC on or before May 15, of each year.
  5. Any Special Road Assessments or Supplemental Road Assessments levied by the Treasurer of LECC shall be due and payable by the Owners to LECC immediately upon receipt.
  6. Rental of LECC Lands:

  7. LECC may permit Owners of lots 35 to 146, both inclusive, on Registered Plan 1038 registered in the Land Registry Office for the County of Essex, to lease or otherwise have a right to use a portion of the lands owned by LECC directly across from the Owners' lands and immediately north of Lakeside Road and may permit certain structures or other improvements to be erected or placed upon said lands under such terms and conditions as may be determined by the Board of Directors for LECC from time to time. Such lease or other right to use such lands shall be conditional upon the Owners being members in good standing of LECC and maintaining such membership in good standing, failing which, such lease or right to use such lands shall be refused or terminated as the case may be and any structure(s) on such lands shall be removed immediately by the Owners upon the request of LECC.
  8. All expenses, including but not limited to property tax assessments relating to any structures or other improvements located in whole or in part upon LECC lands shall be charged and payable as Tax Assessments by the Owners. The Board of Directors of LECC shall apportion such expenses among the Owners having the use of structures or other improvements referred to above. The Treasurer of LECC shall levy Tax Assessments against such Owners annually and may levy additional Special Assessments or Supplemental Assessments as may be required for the full recovery of all expenses incurred by LECC for such structures or other improvements by the Municipality or other authorized governmental authority.
  9. All annual Tax Assessments shall be levied by the Treasurer of the LECC and shall be sent by ordinary mail to the Owners' last known address not later than October 15 of each year and such Assessments shall be due and payable by the Owners to LECC on or before December 31 of the same year.
  10. Any Special Tax Assessment or Supplemental Tax Assessments levied by the Treasurer of LECC shall be due and payable by the Owners to LECC immediately upon receipt.
  11. Common Area Fees:

  12. All expenses of LECC incurred with regard to the maintenance general upkeep, and repairs and improvements relating to the clubhouse, baseball diamond and marsh and any other areas designated as common area by the Board of Directors of LECC from time to time, including but not limited to property tax assessments relating to the lands and structures, insurance costs, operating costs, and maintenance, repair or improvement costs shall be charged and payable as Common Area Fees by the Owners who are members of the social club operated by LECC. The Board of Directors of LECC shall apportion such expenses among the Owners and the Treasurer of LECC shall levy such Common Area Fee Assessments against the Owners annually and may levy additional Special Assessments or Supplemental Assessments as may be required for recovery by LECC of said expenses.
  13. All Annual, Special or Supplemental Common Area Fee Assessments shall be levied by the Treasurer of LECC and shall be sent by ordinary mail to the Owners at their last known address and shall be due and payable by the Owners to LECC immediately upon receipt.
  14. Late Payment Penalty:

  15. Any late payment of a Road Assessment or Tax Assessment or Common Area Fee Assessment shall be subject to a late payment penalty equal to the penalties and other charges, costs or expenses incurred by LECC as a result of such late payment, including any legal fees and disbursements on a solicitor and his/her own client basis, incurred in enforcing LECC's rights and/or collecting payment.