IMPERIAL OAKS PARK PROPERTY OWNERS ASSOCIATION, INC. RENTAL AGREEMENT FOR PRIVATE PARTIES

Transcription

1 IMPERIAL OAKS PARK PROPERTY OWNERS ASSOCIATION, INC. RENTAL AGREEMENT FOR PRIVATE PARTIES WHEREAS, the undersigned is an owner or tenant residing in a home in the Imperial Oaks POA, Inc. subdivision in Spring, Montgomery County, Texas; and WHEREAS, there are no delinquent assessments owing nor any deed restriction violations affecting said home in which the undersigned resides and the undersigned is otherwise in good standing with Imperial Oaks Park, Inc. ( the Association ); and WHEREAS, the undersigned desires to rent the Imperial Oaks Park POA Clubhouse or Havenhouse Dr. Clubhouse (hereinafter Clubhouse ), Imperial Oaks Park POA swimming pools (hereinafter Pool ) and/or surrounding grounds located at Imperial Oaks Blvd. or 1910 Havenhouse Drive, and; NOW, THEREFORE, IN CONSIDERATION of the Association s agreement to rent the Clubhouse and/or Pool on the hereinafter set forth terms and conditions and for other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees as follows: 1. The under signed will only use the Clubhouse and/or Pool for lawful purposes and in such a manner as is permitted by the Imperial Oaks POA deed restrictions, bylaws, rules and regulations, and any written or verbal instructions issued by a member of the Association s Board. 2. The undersigned will be present at the Clubhouse and/or Pool at all times during the rental of the Clubhouse and/or Pools. 3. The maximum number of guests that the undersigned can invite to attend any function at the Clubhouse during the rental period, regardless of whether they are residents of Imperial Oaks Park POA or otherwise, is seventy-five (75). 4. The undersigned and all guests of the undersigned will vacate the Clubhouse and/or Pool no later than 11:00 PM on the date of the rental, unless otherwise agreed upon. In the event the undersigned or any guests hold over past 11:00 PM, the undersigned will pay Ten dollars ($10) additional rental for every ten (10) minutes, or portion of, that the undersigned or any guests hold over past 11:00 PM. Such additional rent shall be deducted from the security deposit. In the event the security deposit is thereby exhausted, the undersigned will immediately pay any additional amount owing to the Association. 5. Should the undersigned rent the Clubhouse and/or Pool for children or teen party, the undersigned will insure that the party is properly supervised and controlled by someone twenty-one (21) years or older.

2 6. The undersigned has delivered to the Association s representative a non-refundable rental fee of Eighty Dollars ($80.00) for a four (4) hour block of time and security deposit of Three Hundred ($300.00). Special Conditions: Undersigned shall pay Twenty Dollars ($20.00) for every hour over and above the 4 hour time agreed upon. Special Conditions: Undersigned shall pay the cost of additional life guards. The need and number of additional life guards will be at the discretion of the life guards. Special Conditions: Undersigned shall pay the cost of life guards. A Minimum of one (1) life guard for every twenty-five (25) guests, or part of, shall be on duty at all times. Special Conditions: Undersigned shall pay a user fee of $50.00 for rental of the pool and its facilities. 7. The undersigned shall be responsible for any and all real or personal property damaged by the undersigned, the undersigned s guests or any other person during or as a result of the undersigned s rental of the Clubhouse and/or Pool. At the election of the Association, the undersigned shall immediately repair and/or replace any and all such damaged property. 8. Prior to vacating the premises, the undersigned shall: a) Straighten, sweep, vacuum and clean the Clubhouse, Pool, restrooms and any other areas used by the undersigned or others during the term of this rental (all cleaning supplies shall be furnished by the undersigned); b) Clean and return to their original position, all tables, chairs and other property of the Association (chairs must be in a stacked position); c) Turn off all lights turned on during the rental of the Clubhouse and/or Pool; d) Set the thermostat in the Clubhouse at 85 degrees; and e) Lock all doors, gates, and windows of the Clubhouse, Pool, restrooms and surrounding grounds. In the event the Association incurs any cleaning charges or other damages due to the undersigned to comply with the above set forth items, any such charges or damages shall be deducted from the security deposit. In the event the security deposit is thereby exhausted, the undersigned shall immediately pay to the Association all additional charges and/or damages incurred.

3 9. All areas are designed NON-SMOKING areas and ALCOHOL is allowed ONLY with Security on site in the Clubhouse and/or Pool area. 10. Noise during the Clubhouse and/or Pool rental shall be kept to a minimum during the rental period in consideration of other residents across the street, adjacent to or near the Clubhouse and/or Pool. If a member of the Association s Board must visit the Clubhouse to ask the undersigned to minimize the noise, then a Ten Dollar ($10.00) administrative charge shall be deducted from the deposit of the undersigned for the second warning and for each subsequent warning. 11. The Association s Security may be notified in advance of the undersigned s rental and shall have the authority to enforce the rules in the absence of the Association s Clubhouse Manager. If the Association s Security is called to the premises to enforce the rules of the Association, then an administrative charge of Thirty Dollars ($30.00) shall be deducted from the security deposit of the undersigned for each occurrence two (2) complaints. 12. The undersigned shall defend, indemnify and hold harmless the Association, the Board of Director of Imperial Oaks Park, Inc. and the Association s and Board of Director s agents, representatives, officers, directors, members and contractors, including without limitation the Clubhouse manager and VanMor Properties, Inc.(hereinafter collectively referred to as Indemnities ), and the undersigned further releases said Indemnities, from and against any and all claims, actions, suits, damages, demands, losses, costs, expenses and disbursements, including court costs and attorney s fees, resulting from any injuries to or death of any person or damage to any property (including, without limitation, damage to the Clubhouse and any other real or personal property owned by the Association) arising out of, relating to or in connection with the rental or use of the Clubhouse and/or Pool by the undersigned, the failure by the undersigned to perform any of its obligations hereunder or the negligence or willfully wrongful actions of the undersigned, even if caused or alleged to be caused by the sole, joint, comparative or concurrent negligence or fault of any of the Indemnities, and even if any such claim, cause of action or suit is based upon or alleged to be based upon the strict liability of the Indemnities. THIS IDEMNITY AND RELEASE PROVITION IS INTENDED TO INDEMNIFY AND RELEASE THE INDEMNITIES AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OF FAULT AS PROVIDED ABOVE WHEN ANY OF THE INDEMNITIES ARE SOLELY, JOINTLY, COMPARATIVELY OR CONCURRANTLY NEGLIGENT OR OTHERWISE STRICTLY LIABLE. To the extent permitted by applicable law, any statutory or common law remedies which are inconsistent with the provisions of the foregoing indemnity and waiver are waived by the undersigned. This indemnity and release provision shall survive the termination or expiration of the Agreement. 13. If the undersigned complies with all the requirements and obligations set forth herein, as determined at the sole discretion of the Association, the security deposit

4 shall be refund at the time of the return of the keys, less any of the deductions described herein and less any other damages, costs or expenses incurred by the Association; provided, however, the retention of the security deposit or any part thereof shall not limit the liability or obligations of the undersigned set forth in this Rental Agreement or at common law. 14. In the event that the Association is compelled to retain the services of an attorney to enforce any of the provisions of or collect any sums due under this Rental Agreement, the Association shall be entitled recover such attorney s fees from the undersigned. 15. This Rental Agreement shall not be assigned by the undersigned for any reason and any such assignment is void and of no legal effect. 16. The rights and obligations of this Rental Agreement shall survive the termination of the rental period and this Rental Agreement. 17. The Association reserves the right to terminate this Rental Agreement and the rental period at any time for any reason. In the event of termination, the undersigned shall take all actions normally required at the end of the rental period. 18. Should any provision of this Agreement later be determined to be unenforceable for any reason, the unenforceable provisions(s) shall be to achieve the Association s stated purpose to the greatest extent allowed by law. All other provisions shall remain unchanged and enforceable in any event.

5 IMPERIAL OAKS PARK POA CLUBHOUSE/POOL CONTRACT IMPERIAL OAKS BLVD. (LAGUNA POOL) IMPERIAL OAKS BLVD. (POA POOL/CLUBHOUSE) 1918 HAVENHOUSE DRIVE (HAVENHOUSE POOL/CLUBHOUSE) (Please circle pool/clubhouse of interest) 1. Rental only for Imperial Oaks Residents with signed contract 2. Refundable deposit of $ upon inspection after event 3. Rental fee of $80.00 per 4 hour reservation 4. Rental fee of $50.00 for pool usage 5. Private parties are from 8:00 pm-11:00 pm only 6. Non-private parties are during normal pool hours 7. Clean up and all trash removal is required 8. Alcohol is permitted ONLY during private parties and REQUIRE On Site Security 9. On Site Security fee of $ per 4 hour event due at time of reservetion 10. All cancellations must be made 24 hours prior to scheduled party 11. Additional lifeguards are required per ratio of guests 12. Terms: *Signed contract, 2 checks payable to Imperial Oaks POA *Lifeguard fees ($20 per hour-per guard) at time of reservation *Security fees ($25 per hour-per 25 guests) at time of reservation *Pool Party must have all information completed within 10 days of rental Signature Signed this day of 200 Name (please print) Street City State Phone Cell Type of Party Date Time # of Guests * Please contact the Information ext. 21 for more information. Revised 05/15/07