Observatory Village Master Association, Inc.

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1 Observatory Village Master Association, Inc. Rental Agreement for the Stargazer Observatory Clubhouse (This agreement does not include use of the pool) Terms & Conditions of the Rental Agreement: Rental Criteria: In order to rent a facility at Stargazer Observatory, the Member must be: 1. A legal Owner of a home within the Observatory Village Master Association, Inc. Community. 2. A minimum of twenty-one (21) years of age. 3. In good standing with the Association (e.g. no past due assessments or pending violations). 4. In attendance during the entire time of the planned event. The Facility Rental Fee must be paid in full at the time of Reservation and upon the execution of this Agreement. The Rental Fee schedule is as follows: Meeting Room & Kitchen Barbeque Patio Area Meeting Room, Kitchen & Barbeque Area $15 per hour $15 per hour $25 per hour The Facility Rental Fee will be waived for the following activities and events. 1. Any event or activity sponsored by the Observatory Village Master Association, Inc., or committee thereof. 2. Any event or activity sponsored by a Girl Scout or Boy Scout organization which meets the following criteria: An adult leader of the organization meets the conditions for rental established in Paragraph A. above. The organization provides proof of insurance evidencing coverage for the duration of the activity. The organization submits the required refundable damage deposit. The organization agrees to work with the Association to determine an age appropriate service project, which benefits the Community. A refundable damage deposit will also be required and must be paid at the time of Reservation and upon the execution of this agreement in conjunction with the rental fee. The damage deposit fee schedule is as follows:

2 Meeting Room & Kitchen $250 Barbeque Patio Area $250 Meeting Room, Kitchen & Barbeque Area $400 Payment of the rental fees and deposit must be made in the form of a personal check or certified funds made payable to Observatory Village Master Association, Inc. (two separate checks must be submitted). You may mail your payment to: Observatory Village Master Association c/o ACCU, Inc. Attention: Diana Behrent 2140 South Holly Denver, CO Right to Reject Rental Request: Observatory Village Master Association, Inc. reserves the right to reject any rental request if it is determined that the rental: 1. Competes with any programs that are offered by Front Range Community College and/ or the Observatory Village Master Association, Inc. 2. Disrupts or impairs the normal operations of Front Range Community College and/ or the Observatory Village Master Association, Inc. 3. Is inconsistent with the image, reputation, purpose or function of Front Range Community College and/ or the Observatory Village Master Association, Inc. 4. Any other reason as determined by the Board of Directors of Observatory Village Master Association, Inc. In the event a rental request is rejected the Observatory Village Master Association, Inc. shall have no liability, whether direct, indirect or consequential, to the member or any other person for damage or other remedy, except for a refund of the rental fee and deposit on the condition and in accordance with the terms of this paragraph. Set-up, Decoration & Cleaning Responsibilities: Set up of the any rental facility is the responsibility of the Member. Decorations may be hung with non-abrasive tape such as masking tape, no scotch tape, tacks, pins or nails may be used for decorations. Clean up of the rental facility, including but not limited to removal of trash, returning tables and chairs to their original location, and picking up debris and trash in exterior common areas surrounding the building is the responsibility of the Member. You will need to provide your own cleaning supplies and vacuum for clean up. You must complete, sign and return the Stargazer Observatory Rental Checklist following your event. The keys must be returned to the lock box and the alarm must be armed when departing the facility. Any damages that occur to the building as a result of the alarm not being armed will be charged to the homeowner in addition to the damage

3 deposit. Failure to replace the keys in the lockbox will result in additional charges for the re-keying of the building, loss of the damage deposit and may result in loss of future use. If the room is not properly cleaned, as determined by the Observatory Village Master Association, Inc., cleaning charges will be assessed to the Member at the sole discretion of Observatory Village Master Association, Inc. The Member is required to provide all necessary cleaning supplies, including but not limited to vacuum cleaners, chemical cleaning agents, and trash bags. Permitted Use of the Facility: Member acknowledges that, except as specifically provided herein, Member will not have exclusive use of the Facility or of the observatory and that other portions of the Facility and the observatory may be used by different individuals or entities. During the scheduled use period of Member s use, Member will have exclusive use of the rented Facility, except in the event of an emergency. Front Range Community College has exclusive use of the dome, upstairs storage room, and storage area under the dome platform. Members are not allowed in aforementioned areas unless accompanied by a representative from Front Range Community College, granted permission by Front Range Community College or attending an open house sponsored by Front Range Community College. All equipment supplied by Front Range Community College shall not be tampered with by any Member or guest of Member. Said equipment includes but is not limited to chairs, tables, smart board, and bulletin board, CCD camera for the telescope, laptop computer, PC computer, and overhead projector. The multimedia projection system and screen, excluding computer capabilities and connectivity, is allowed to be used by Members and guests for watching television and cable or satellite television provided the room has been rented for said use. If a Member would like to use the multimedia projection system with Front Range Community College s computer capabilities and connectivity or with their own laptop computer, Member shall obtain written approval from Front Range Community College and the Observatory Village Master Association, Inc. Alcoholic Beverages: Alcoholic beverages may be served during an event as long as Member abides by the following conditions: 1. No fee will be charged, either directly or indirectly, i.e. no cash bar, for the sale or consumption of alcoholic beverages. 2. No alcoholic beverages, including 3.2 beer, will be served at any time to any person who is under the age of 21 or to any intoxicated person.

4 3. Member acknowledges that the Stargazer Observatory does not hold or maintain a liquor license and this permission to serve alcoholic beverages does not constitute a liquor license. 4. If any adult attending the event is abusing or misusing alcohol on the Premises, Member will take action to have such activities stopped and if necessary will notify the police to seek assistance. 5. A Bartender and/or designated pourer will serve all alcoholic beverages at the event. 6. Member agrees that Member is solely responsible for any claim or liability that arises as a result of serving of alcoholic beverages at Member s event. Miscellaneous Rental Rules and Regulations: 1. No solicitation is allowed on Observatory Village Master Association, Inc. property. The Observatory Village Master Association, Inc. name or logo may not be used as an endorsement. 2. Supervision by a responsible adult, 21 years or older, is required in all areas subject to this agreement. Failure to provide adequate adult supervision will be grounds for immediate termination of the event and participants will be asked to leave the Facility. 3. All events in the Facility are specifically for the Member s invited guests and/or the Members of the Association. Events open to the general public will not be permitted. 4. All participants of the event must be out of the Facility before 11:00 p.m. 5. The use of the Pool Facility during any event held after regular pool hours is strictly prohibited. 6. Member acknowledges that Stargazer Observatory building and pool areas are a nonsmoking facility. Smoking is strictly prohibited anywhere within the interior of the building or pool areas. 7. Use of the Facility may be subject to such additional use restrictions as may be imposed by the Association s Board of Directors, which may include, but are not limited to: a. Restrictions on plans for decorating the Facility during the event. b. Restrictions on beverages served or consumed inside of the Facility. c. Restrictions on amplified music or other noise. 8. Member agrees that use under this Agreement will comply with such additional use restrictions, all laws of the United States, the State of Colorado, all ordinances, rules and regulations of the City of Fort Collins, requirements of the local police and fire departments, and the Covenants, Conditions and Restrictions, Bylaws, Articles and all other rules and regulations of the Observatory Village Master Association, Inc. 9. This Agreement is not transferable. Violation of this provision of any Agreement or any Observatory Village Master Association, Inc. rule or procedure, or regulation, will result in the immediate termination of this Agreement and planned event. 10. Observatory Village Master Association, Inc. reserves the right to modify or terminate any Facility Rental Agreement and room reservation schedule to accommodate program changes or other unforeseen circumstances. When a room reservation must be changed or cancelled, the Observatory Village Master Association, Inc. will notify the Member as soon as possible. If the member and Observatory Village Master Association, Inc. cannot

5 agree upon a mutually agreeable alternative date and time for the room rental, the Facility Rental Agreement shall be deemed terminated and the Member will receive a full refund. 11. The Member is responsible for paying full replacement cost or full repair cost, as determined by the Observatory Village Master Association, Inc., for any property loss or damage resulting from the use of Observatory Village Master Association, Inc. property by a member or the member s guest. 12. Pets are not allowed in any portion of the Facility or Pool areas. 13. The member signing the Rental Agreement is the responsible party and shall be present during the entire event. The Member certifies that they have read, understand, will abide by and will communicate to all individual users the Observatory Village Master Association, Inc., policies, rules and regulations as stated herein. Member s Signature Date Management Agent Signature Date Facility Rented Rental Fee Collected Check # Date of Event Deposit Collected Check # Please contact Diana Behrent at ACCU, Inc. at one week prior to your scheduled event to confirm your party and obtain the codes for access to the clubhouse If you have any questions, please contact Diana Behrent at

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