Sylvia Lake HP2
Wormwood Scrubs 2000-Agreement Proposal

Updated 3/2002

___________
An informal agreement

The Wormwood Scrubs Group
Overview

This document represents a set of agreements among the participants regarding the management, maintenance and use of Wormwood Scrubs, the family property on Sylvia Lake in the Town of Fowler, New York. It lays out the terms under which we will: (a) share the costs of maintaining the house and property (paying taxes, insurance, utilities, etc.); (b) share the costs of repairing and improving the house and property; (c) allocate and schedule visits to the cottage by the various participants and their guests, and (d) distribute the labor involved in maintenance (opening, closing, etc.), repairs and improvements.

There are several basic principles underlying this agreement:

1. The house and surrounding land are in effect (though not in law) the joint legacy of the descendents of Mary Pound Taylor. Regardless of what names are on the legal deed, the members of the extended family share rights and responsibilities for the property.

2. Participation in the agreement is not based on "shares" in the legal and financial sense. The shares represented by the names on the deed (e.g., 1/3 ownership by Ralph Undercoffler, 1/9 by Alan Peterman) do not imply any special rights (e.g., extra visiting time) or responsibilities (e.g., extra financial contributions); nor should they be sold either within or outside the family. Individuals and family groups, whether their names are on the deed or not, may choose to participate in one of several ways, but if they choose not to participate they are not entitled to financial compensation from any or all of the other members.

3. Although participating families may choose among several levels of financial obligations and visiting rights, all will be considered equal members of the family; the discussions about schedules, repairs, etc. should be carried on with that principle in mind, so they are as amicable and consensual as possible.

4. The Wormwood Scrubs property will not be sold except with the express consent of all adult participants active at that time. Ideally, the property will stay in this extended family in perpetuity. If, however, the property is sold, the proceeds will go to the owners listed on the deed in proportion to their shares.

Participants

All the adult descendents (including step-kin as well as blood relatives) of Mary Pound Taylor, who originally purchased Wormwood Scrubs, are eligible to choose to participate in this agreement. They will speak on behalf of their current spouses and dependent children. As of August 2001, those eligible include the following:


Jeffrey Undercoffler
Laraine Clohessy
Elizabeth Moore
David Moore
Ralph Undercoffler
Alan Peterman
James Peterman
Mark Peterman
Carol Taylor
Valerie Taylor
Wendy Taylor
Lisa Undercoffler
Amy Undercoffler
Erika Judd Tully
Joshua Clohessy
Chapin White
Annie Lewis DellaBarba


The basic principle is that participation is limited to the direct descendents of Mary Taylor and their nuclear families. Any child of a person on the current list who reaches the age of 21 and is independent of his or her parent(s) will then be eligible to participate in the agreement as a full member; those under 21 or those still dependent on their parents will be covered by the decisions of those parents. In the event of divorce, the ex-spouse will have no rights to participation in the agreement; children of the Taylor descendent in such a family will, however, continue to be eligible.

Levels of Participation

Eligible individuals and families may choose to participate in the agreement at one of three levels, each carrying different financial obligations and visiting rights.

1. Counselors: major participants, who intend to visit the lake every summer for a week or two and who agree collectively to cover the basic operating costs of the cottage.

2. Campers: people who intend to visit the lake less frequently than the counselors, perhaps for a week every summer or two, and who agree to pay a smaller amount every year to the collective fund.

3. Tourists: people who intend to visit the lake infrequently, and who agree to contribute a certain amount to the house fund when they do visit, but not every year.

Financial Contributions

The financial contributions of the different levels of participants will be as follows:

1. Counselors: the total amount of regular operating expenses (taxes, insurance, utilities, opening and closing costs, etc.), as estimated by the group treasurer based on previous years' expenses, divided by the number of counselors, plus an agreed-upon amount for building a house fund; for example, if the total operating expenses one year were $1500, and there were 5 counselors, the contribution for the next year might be $500 per participant: $300 + $50 for inflation in expenses + a $150 contribution to the kitty.

2. Campers: one-third of the counselorsˇ¦ amount, or $200, whichever is higher.

3. Tourists: a weekly fee per nuclear family group per week of use; this amount will be determined annually by the treasurer in consultation with the other counselors.

Visiting Rights

The several levels of participants have the right to visit the lake as follows:

1. Counselors: up to two weeks per summer (Memorial Day through September); one of those weeks (Monday-Friday) will be without other visitors, while the second week and the weekends may need to be shared; the sharing will be negotiated by the respective participants;

2. Campers: up to one week every other summer; this time might be shared, or might be alone if there are no other claims on it;

3. Tourists: up to one week every fourth summer, usually shared; if they wish to visit more often, they should move up to camper status.

Guests: Families or individuals who have primary claim to a certain time period may invite any guests they choose without additional expense, up to a limit of 10 people in the house (to protect the septic system). These guests may be from inside or outside the family, and may or may not be eligible for other time. For example, if Amy Undercoffler chooses to be a "tourist," she may also visit as a guest when her parents (who are "counselors") are there without contributing extra to the fund; if, however, she visits when her parents are not there, she will pay the normal tourist fee.

The House Fund and Treasurer

The contributions to the house fund will be received and expenses paid by a house treasurer, who will maintain careful records of income and outgo, and who will distribute an annual financial report to all participating families. The treasurer will perform this function for five years, and then pass the accounts along to another participant. (As of August 2001, Libby Moore is the treasurer.) The treasurer will also determine the annual contribution amounts for each of the three levels of participants, based on the trends from the previous year or two and in consultation with the other counselors. The treasurer may choose to separate the funds into two categories: one for regular operating expenses (taxes, insurance, utilities, etc.); one for capital improvements and unusual repairs. The latter will be generated by the funds collected from all participants above and beyond the operating expenses

The counselors may also choose to apply for a bank loan or line of credit to cover certain capital expenses, repairs, etc. The cost of that loan will be rolled into the counselors contributions for the appropriate number of years.

Decisions regarding large or unusual expenses (repairing the roof, rebuilding the porch, putting in a shower, etc.) will be made by the counselors in consultation with one or more campers. If an individual or family wants to perform a certain improvement, they should check with the treasurer, who will consult with the other counselors. If the counselors agree that the work is a priority, the funds to pay for it will come out of the house treasury; if they do not see the work as a high priority, the individual or family may choose to do it anyway, but at their own expense. The counselors may also choose to instruct someone not to make certain changes or do certain work (e.g., changing the color of the living room) even at their own expense. Only pre-approved expenses will be regarded as part of the participant's regular contribution to the fund. Emergency repairs should be reported to the treasurer as well, and will be reimbursed except in the case of negligence or abuse. (If something breaks because it has worn out, the house pays; if someone breaks something, she/he pays.)


Scheduling Visits

Participants will schedule their visits to Wormwood Scrubs by entering their names in the appropriate dates on the calendar posted in the Sylvia Lake website (maintained by Jim Peterman; see https://members.tripod.com/~SylviaLake/index.html)or (https://sylvialake.tripod.com/newlook.) The reservations will be made in the following order: (a) first, counselors will claim up to two weeks, making their reservations no later than April 1; (b) next, campers will claim up to one week, making their reservations by May 1; (c) finally, tourists will reserve any leftover time by June 1. At any stage, if there are competing claims for any particular days, the participants will work out the resolution themselves; there will be no judge or arbiter. Finally, if any dates are left unclaimed after June 1, anyone may claim them.

"Weeks¨ will be defined as beginning on Friday at 6 pm and ending on the second Sunday at 6 pm; that is, they actually include 9 days rather than 7. Families may overlap at the beginning or end of their weeks (that is, during the weekends) and should work out the arrangements together. For internal weekends (i.e., the middle weekend of a two-week stay), visits should be at the invitation of the family whose time it is. In general, weekends (6 pm Friday - 6 pm Sunday) should be somewhat more open than weekdays. Moreover, counselors should be willing to share one of their weeks, and campers may need to share theirs as well; tourists will usually have to share.

The cottage should never be rented out to persons or families not eligible through the list.

Labor

The work of opening and closing the cottage for the season, as well as minor repairs and maintenance, will be shared by the participants. This agreement does not obligate anyone to any particular schedule of work, but in principle participants (especially counselorss) should consult with one another on decisions about each year's work, and all should carry a fair share. Members will keep a list of needed repairs, and all visiting groups should do their best to perform at least a bit of labor.

All visitors, of all categories, must abide by the list of rules posted in the cottage (regarding such matters as flushing the toilet, cleaning up before leaving, taking out the garbage, and so on). They should exercise courtesy and respect toward the other participants, as well as care toward the house.

Participants should leave the cottage and grounds clean and orderly when they depart, with the refrigerator empty of everything but two high-quality beers. (Just kidding . . .)

Commencing the Agreement

Each individual eligible to participate in this agreement will need to decide on a level of participation (including whether to participate at all) by January 1, 2002, after which time the system of finances and visits will take effect. The treasurer will calculate the necessary figures for contributions, and then participants who have chosen each level will send her the appropriate amount no later than April 1.

Participants may choose to change levels after the initial selection (to move from camper to counselor, or from tourist to camper, for instance) under unusual or changed circumstances, but should make these changes for a calendar year; that is, one should shift levels by January 1 for the next season, rather than in the middle of a summer.

Participants will indicate their level of participation by submitting the attached form to the treasurer (now Libby Moore) by February 15, 2002. She will then determine the appropriate contributions for the various categories, and notify those who have chosen to participate.

The Wormwood Scrubs Agreement

Date: _______________________


I have read the Wormwood Scrubs Group agreement describing the terms under which the descendants of Mary Pound Taylor will share the rights and responsibilities for the cottage on Sylvia Lake

By signing this agreement I agree to the terms of that document on behalf of myself and the members of my nuclear family (current spouse, dependent children), as listed here:

___________________________ _____________________________

___________________________ _____________________________

___________________________ _____________________________

___________________________ _____________________________

My family chooses the following level of participation in the agreement:

Counselor: _____

Camper: ____

Tourist: ____

This choice will remain in effect until I submit another statement changing it. I will contribute the appropriate amount to the house fund each year until such a change occurs.


Signed: ________________________________________________

Address: ________________________________________________

________________________________________________

Phone: ________________________________________________

E-mail: ________________________________________________