The following covenant was attached to and made part of all sale deeds from Peninsula Development Co. to buyers of lots in Twin Lakes Village:

 

The party of the second part, for himself, his legal representatives, distributees, successors in interest and assigns, does hereby covenant and agree as follows:

1. That the premises above described shall and may be used only for private residence purposes, and no building or buildings shall or may be erected or suffered or permitted to be erected or maintained thereon except one detached private dwelling house and garage, for occupancy by one family only, and nonpaying bona fide temporary guests of the owner of the premises.

2. That the party of the Second part will not at any time erect, extend, enlarge, or remodel any building, structure, or fence on said plot, until the plans and specifications for the erection, extension, enlargement, or remodeling thereof, with respect to location, design, and character of construction, shall have been submitted to and approved by the party of the first part except that the party of the first part shall not require the erection or remodeling of any building for which the reasonable cost of construction shall exceed the sum of $7,500.00.

3. That there shall never be carried on or suffered or permitted to be carried on upon the said described premises. or any part thereof, any trade, manufacture, or business of any kind or description, nor shall the said premises be used or suffered or permitted to be used in any manner which is noxious, dangerous, injurious, or offensive to residents or owners of adjoining premises.

4. No sewerage disposal system shall or may be installed or altered on any part of the premises above described unless and until the location, design, and type of disposal system shall have first been approved by the appropriate authorities having jurisdiction thereof, and by the party of the first part by instrument in writing.

5. The party of the first part reserves the right for itself, its successors and assigns, to make such cuts and fills as may be necessary to grade the roads or rights-of-way, if any, in front of and adjoining the said described plot, in accordance with such grades as may be established from time to time, and also the right to grade-in, out, or fill on said described plot, as far as may be reasonably necessary for the support and maintenance of said established grades, provided that due care and diligence be exercised to avoid injury to the terrain of said described plot and to the trees and improvements thereon, except to such extent as may be absolutely necessary. For any such changes no liability shall be incurred by the party of the first part, its successors and assigns, and no claim for compensation shall arise in connection therewith, in favor of the party of the second part, his heirs or assigns.

6. The party of the first part for itself, its successors and assigns, reserves the right, without compensation to the party of the second part, his heirs and assigns at any time, or from time to time, to dedicate to the public use, as public roads or highways, or to convey to the Town of Lewisboro, or to the County of Westchester, the fee simple of any part of or of all of the private roads or rights-of-way laid out upon the said Tract of Land of the party of the first part, and to make such arrangements with the said Town or County for the care and maintenance of the said roads, rights-of-way or highways so dedicated or conveyed, as they may deem advisable, and the rights herein given to the party of the second part, his heirs and assigns, of ingress and egress over the said roads, or rights-of-way shall In no way impair the rights of the party of the first part, Its successors and assigns, as hereby reserved.

7. No trees of any kind located on the highway or road in front of or adjoining the said described plot shall be cut down, destroyed or removed without the written consent of the party of the first part, its successors or assigns.

8. The party of the second part agrees to pay his proportion of the expense of maintaining and keeping in good order and repair, the roads laid out and constructed upon the said Tract of Land of the party of the first part. The share of such expense to be assessed against the party of the second part, as herein provided, shall be that proportion of the annual expense incurred by the party of the first part In the maintenance, repair and improvement of said roads, which the total assessed valuation of the premises above described, together with any and all buildings and improvements thereon erected or to be erected bears to the total assessed valuation of the Tract of Land together with buildings and improvements erected or to be erected upon all of said Tract of Land. The amount of such expense shall be computed as hereinabove set forth and shall be due and payable within thirty days after notice in writing to the party of the second part of the share of such expense payable by the said party of the second part.

9. The term "Tract of Land" shall be deemed to include all of the land mentioned and described in a certain deed made and executed by Jessie C. Lawrence to the party of the first part herein dated July 1, 1948 and recorded July 13, 1948 in the office of the Clerk of the County of Westchester, Division of Land Records in Liber 4652 of Conveyances, page 283.

10. This deed shall not be construed as giving or granting to the party of the second part any right-of-way or license or privilege of access to or the right to use the waters of Lake Oscaleta and Lake Rippowam unless the premises above described border upon the waters of either such lake, it being expressly understood and agreed that the rights of access to the said lakes and the rights to use the waters of said lakes shall be governed exclusively by the rules and regulations that may be promulgated by The Two Lake Club. Inc., a membership corporation organized under the laws of the State of New York.

11. The premises herein conveyed and no part or portion thereof shall or may be sold, transferred, conveyed or leased to any person or persons except a member in good standing of The Two Lake Club, Inc. The foregoing provision shall not be deemed to prohibit the owner of the premises from obtaining a loan secured by a mortgage lien on the said premises, nor shall the foregoing covenant be deemed or construed as preventing any party to an action or proceeding involving the premises from purchasing the said premises at a judicial sale held pursuant to any judgment obtained in any such action or proceeding, provided always that the party to the said action purchases the same at a judicial sale and signs a memorandum of sale at the time of said judicial sale and provided further that any person or persons who may so acquire the title to the premises at any such judicial sale may not thereafter sell, transfer, convey, or lease the said premises to any person, firm, or corporation other than to a member in good standing of the said The Two Lake Club, Inc.

12. Any or all of the rights and powers of the party of the first part, or its successors herein contained, may be assigned in whole or in part to any corporation or association which may hereafter be organized and which shall assume the rights of the party of the first part hereunder, or such part thereof as shall be assigned to it, and upon any such corporation or association evidencing its consent in writing to accept such assignment, it shall, to the extent of such assignment, have the same rights and powers as are given to the party of the first part and its successors herein.

13. All of the foregoing covenants shall be deemed to be and shall be construed to be covenants running with the land and shall be binding upon the legal representatives, distributees, successors in interest, and assigns of the respective parties.

14. The covenants herein contained may be altered. modified, amended. or repealed in whole or in part by Instruments In writing duly executed by the party of the first part or Its successors or assigns.

TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, their distributees and assigns forever.