Clubhouse Rental Rules, Procedures, Contract As of July 1, 2016 The Clubhouse is reserved and used for Community-wide events from time to time. HOA sponsored community-wide events and social functions will have priority over private events. Responsible Party The renting party, herein will be referred to as Responsible Party or host. Responsible Parties must be in Good Standing. Good Standing shall be defined as current on all payments of regular and special assessments, and not in violation of any Rules or Regulation of BCL, including violation notices or fees. No one under the age of 21 may reserve the facility or act as the designated Responsible party. The Responsible Party listed on this application, must be in attendance at all times during the scheduled event. Joint and Severally Liability Responsible Parties, if plural, with be jointly and severally liable to BCL for the obligations hereunder, including, but not limited to, the contract rental amount, security deposit, and any/all damages to the facility and/or any items of property located in or around the facility caused by the Responsible Party and/or his/her guests or vendors. Neither the community management company nor the HOA assumes any liability for personal injury to or for the loss of personal property of those using the Beresford Creek Landing Clubhouse. Local Laws and Ordinances The Responsible Party shall ensure compliance on his/her behalf and for all guests with City ordinances, state and local laws, and all applicable regulations pertaining to the operation of the facility and conduct of the function held therein, including Restrictive Covenants, Bylaws Rules and Regulations of BCL and this Agreement. Availability and Rental Hours Availability of the facility for private use will be controlled by the Beresford Creek Landing HOA. Rental hours are from 0800 am through 0100 am. The Responsible Party understands that this agreement only grants permission for use of the Clubhouse for the dates and times annotated within this agreement. Key card will be activated to give access to the facility during the time period specified on the rental agreement. If Responsible party requires additional days / time for set-up or staging of and/or tear down or cleaning for the event the Responsible party will make arrangements to rent the clubhouse during those additional dates / times. Rental Premises This agreement grants the Responsible Party use of the Clubhouse main room, kitchen, restroom facilities, the front and back porch and the parking lot. It DOES NOT reserve or permit excessive use (to the detriment of other property owners) of the Pool deck/furniture, Pool, Tennis courts, Volleyball court, playground, or any other space on the Clubhouse grounds. Use of tents, blow-ups, staking, fire pits, additional furniture / equipment of any kind require written permission of the HOA and must be requested in writing and attached with the application. The HOA reserves the right, at its sole discretion, to refuse rental of the facility by any individual, group or organization whose event purpose, size or activity is likely to strain the facilities, constitute a hazard (in the event of fire or other emergency), or be deemed an unwanted activity. Rental Procedures and Rates Events must be scheduled through Southern Community Services. Questions should be directed to jgosnell@trustscs.com. Private events will be scheduled on a first come/first served basis. One time events may be scheduled up to six (6) months in advance. Regularly scheduled events may be reserved no more than thirty (30) days in advance. Regular scheduling will be permitted by property owners up to five (5) times per year. Subsequent, regularly scheduled reservations will result in a surcharge of fifty dollars ($50.00) per event. This fee is in addition to the fees outlined herein. 1
The attached application must be completed, signed and returned to Southern Community Services with the required fees and deposits. Reservations will be recorded once all applicable paperwork and fees have been received: Fees: $100 Rental Fee and a $500 refundable deposit. These will be due at the time of application. Separate checks should be made payable to Beresford Creek Landing (one for rental fee and one for deposit). Optional cleaning: If post event cleaning is selected, please include an additional check of $100.00 made payable to Beresford Creek Landing HOA. The Responsible Party is required to secure and complete closing checklist after their scheduled event. Damages or excessive mess can result in charges being deducted from the deposit and/or added to the homeowner account to cover expenses associated with any repair or required cleaning. Parking All in attendance must be parked legally within parking lot or on the street. Vehicles are not allowed on landscaped area, walkways or on adjacent private property. Vehicles shall not block the ingress and egress of the parking entrance or private driveways. Responsible party shall forfeit entire security deposit if BCL determines vehicles were parked in violation of this section. Noise Host agrees to respect the quiet enjoyment of the residents of the community and to keep noise volume to a minimum. Event must remain within the Clubhouse and if loud music is played, the doors to the Clubhouse must remain closed. The HOA reserves the unconditional right to immediately cancel the event should the level of noise or conduct become excessive (in the sole discretion of the HOA). In the event of such cancellation, the Responsible Party shall agree to immediately commence clean up and vacate the premise. No rental fee refunds will be given in such instances and no refund of deposits are available if Responsible Party fails to abide by the closing checklist. Any violation of county and/or city noise / activity ordnances will be reported to Charleston Police. Condition of Premises The Responsible Party agrees to accept the premise AS IS. The Responsible Party shall certify that the facility is returned to the same condition as it was prior to the event, saving and accepting ordinary wear and tear. All furnishings and items of property shall be returned to the same location they were in prior to the event. Perishable food items must be removed. All garbage shall be collected, bagged and sealed and shall be removed from the facility and place in proper receptacles by the Responsible Party. All spills on flooring/carpet must be cleaned at once to prevent staining. The Responsible Party must complete the entire closing checklist (see attached checklist, which is also posted within the Clubhouse) within the rental period. Any and all spills, damage, etc. must be reported to the management company within 24 hours. Failure to return the property in good condition will result in a deduction from or forfeiture of the security deposit. Animals With the exception of properly certified service animals, no animals are permitted within the Clubhouse at any time. Decorations No decorations or temporary fixtures may be affixed to the Clubhouse walls or architectural features with nails, tacks, staples, glue, tape or any similar application that may cause damages to surfaces or paint finishes. Any such damages are the Responsible Party s responsibility to repair at their own expense, otherwise repair expenses will be deducted from the deposit and/or added to the homeowner account. Occupancy Per the fire marshal and for the safety of the Responsible Party and his/her guests, the maximum capacity of the Clubhouse in 80 persons. ** Alcoholic Beverages ** Alcohol shall not be sold or distributed on the premise except with proper permits and liquor liability insurance. Vendors serving alcohol shall list Responsible Party and Beresford Creek Landing HOA as additional insured on their insurance policy. Smoking, Fire and/or Explosives Smoking is strictly prohibited within the Clubhouse, front and rear porch and within 15 feet of the entrances / exits. Smokers on the Clubhouse grounds must dispose of litter (eg. cigarette butts) properly in provided receptacle. Fire pits are only allowed with expressed written permission of the HOA (requests must be presented in writing attached to application). No fireworks of any kind are allowed on or near the Clubhouse grounds. 2
Cancellation / Modification The rental fee will be reimbursed fully for cancellations notified 48 hours prior to the commencement of the event. Cancellations notified within 48 hours or after the scheduled commencement of the event will result in forfeiture of the full rental fee. All requests for modifications to this Agreement shall be made in writing and must be approved / signed by the HOA Board of directors and the Responsible Party. Questions Questions should be directed to jgosnell@trustscs.com at Southern Community Services. Closing Checklist: a. All furniture should be placed in the original position, if moved for the event. b. All trash and excess/perishable food must be bagged, sealed and removed from the facility at the conclusion of the event. c. All countertops, tabletops and furniture must be wiped down and floors swept and carpets vacuumed (** unless cleaning was selected). d. All lights must be turned off. e. All doors should be closed and locked, including Clubhouse door to restroom area and rear Porch. Exit through the front auto-locking door. f. If guest exited through the pool area, ensure all pool gates are closed and secure. Note: the HOA shall have the sole right of possession and ownership of all articles left in or around the facility, if not reported and claimed within 24 hours. 3
RENTAL AGREEMENT THIS AGREEMENT is made this day of, 2016, under the laws of the State of South Carolina, by and between Beresford Creek Landing Homeowner s Associations ( BCL, HOA or Association ) and the following individual(s) and/or entities ( responsible party or host ), each to be jointly or severally liable hereunder. Failure to comply with any of the above provisions will result in forfeiture a portion or all of Responsible Party s security deposit. Name of Responsible Party: Local Address: Phone Number: E-mail: Date of Rental: For the Hours of: am/pm to am/pm For the Purpose of (Type of Activity, Event, etc.): Approx. # of Guests: Alcohol present: Yes / No (if Yes, additional requirements apply if served by vender, see insurance requirements) Cleaning selecting: - Self-clean: Yes / No / NA - Optional cleaning: Yes / No / NA (If Yes, include additional check for $100) Are outside vendors involved in event (eg. caterer, band, entertainment, etc): Yes / No If yes, please list all vendors and provide certificate of insurance for each: Submit to: Beresford Creek Landing HOA c/o Southern Community Services 7301 Rivers Ave Suite 245 North Charleston SC 29406 I have read, understand and agree to abide by the Beresford Creek Landing Clubhouse rules and Procedures as stated above. Signature of Responsible Party: Printed Name of the Responsible Party Date 4
** Checks Payable to Beresford Creek Landing HOA FOR OFFICE USE ONLY Received Application Received Fees & Deposit Added to Community Calendar Scheduled Post Event Inspection Scheduled Cleaning (if applicable) 5