Observatory Village Master Association, Inc. Rental Agreement for the Stargazer Observatory Clubhouse (This agreement does not include use of either the pool facilities or the facilities at the top of the stairs.) Terms & Conditions of the Rental Agreement: Rental Criteria: In order to rent the clubhouse at Stargazer Observatory, the Member must be either a Homeowner or the renter of a residence within the Observatory Village Master Association, Inc. The Member must be: 1. A minimum of twenty-one (21) years of age. 2. In good standing with the Association (e.g., no past due assessments or pending violations). 3. Intending to use the facility for personal use only and not for commercial purposes. If a renter, this Rental Agreement must be signed by both the renter and the owner of the residence, and the homeowner must satisfy the three requirements above. As a Member living in Observatory Village, there is no fee to rent the clubhouse. A refundable damage deposit in the amount of $350 is required and must be included by the Member when submitting the Rental Agreement. Costs for repair of any damages that occur during the rental period will be deducted from the $350 damage deposit. If the cost of the damage exceeds $350, then in addition to forfeiting the damage deposit, all costs above $350 will be charged to the Homeowner s account. Similarly, costs for any subsequent damages that occur to the building as a result of the alarm not being properly armed at the conclusion of the event will be charged to the Member s damage deposit. If the cost for such damage exceeds of $350, then in addition to forfeiting the $350 damage deposit, all costs above $350 will be charged to the Homeowner s account. Payment of the deposit must be made in the form of a personal check to Observatory Village Master Association, Inc. You may mail your payment along with a signed copy of this Rental Agreement and a copy of your driver s license to: Observatory Village Master Association C/O MSI, LLC 11002 Benton St. Westminster, CO 80020 Attention: MSI Reservations If there are no damages, the personal check will returned to the Member. Right to Reject Rental Request: Revised March 17, 2015 1 of 5
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 the Observatory Village Master Association, Inc.; 2. Disrupts or impairs normal operations of the Observatory Village Master Association, Inc.; 3. Is inconsistent with the image, reputation, purpose or function of the Observatory Village Master Association, Inc.; or 4. Is otherwise inappropriate, inconvenient, and/or undesirable as determined by the Board of Directors of Observatory Village Master Association, Inc. in its sole and absolute discretion. In the event a rental request is rejected or subsequently cancelled (either by the Member or the Association), 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 damage deposit on the condition and in accordance with the terms of this paragraph. Set-up, Decoration & Cleaning Responsibilities: Set up of the rental facility is the responsibility of the Member. Decorations may be hung with nonabrasive tape such as masking tape, no scotch tape, tacks, pins or nails may be used for decorations. All such decorations must be removed at the end of the rental period. Clean up of the rental facility, including 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. Cleaning supplies are located in the kitchen cabinet and a vacuum cleaner for your use is located in the utility room inside the meeting room. The alarm must be armed and all doors must be locked when departing the facility at the conclusion of the Member s event. Keys must be returned to and secured in the lockbox. Failure to replace the keys in the lockbox will result in charges for re-keying the building, applied against the damage deposit with costs above $350 being charged to the Homeowner s account, 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 against the Member s damage deposit at the sole discretion of Observatory Village Master Association, Inc. Permitted Use of the Facility: Front Range Community College (FRCC) has exclusive use of the dome, upstairs storage room, and storage area under the dome platform. Member or guests are not allowed in aforementioned areas unless accompanied by a representative from FRCC, granted permission by FRCC or attending an open house sponsored by FRCC. If the observatory part of the Facility is also being used by FRCC, Member will not have exclusive use of the Facility. In particular, the lobby area, hallway, and bathroom facilities are shared. During Revised March 17, 2015 2 of 5
the Member s scheduled rental period, the Member will have exclusive use of the Clubhouse room and adjoining kitchen. Multimedia Entertainment System The multimedia entertainment system with connectivity is allowed to be used by the Member and guests provided the room has been rented for said use. Persons using the system must adhere, without deviation, to the instructions for how to use the system that are posted on the equipment cabinet. Alcoholic Beverages: Alcoholic beverages may be served during an event as long as the Member strictly adheres to 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 alcohol of any kind will be served to any person who is under the age of 21 or to any intoxicated person. 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, The 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. The Member agrees that the Member is solely responsible for any claim or liability that arises as a result of serving of alcoholic beverages at Member s event. Gaming or Gambling Events: Members who are reserving the facility for gaming or gambling events, where money is exchanged or at stake, must also sign an addendum agreement form in addition to this agreement. The Member acknowledges that all local, state, and federal gaming laws must be adhered to when utilizing the facility. The Member must disclose up front that they intend to host an event where money will be exchanged for gaming purposes. Please refer to the Gaming Addendum for the Observatory Village Clubhouse Rental Agreement for more details on gaming requirements and laws. Miscellaneous Rental Rules and Regulations: 1. The Member signing the Rental Agreement is the responsible party and shall be present during the entire event. 2. Use of the pool facility is not included in this Rental Agreement. Any use of the pool must be arranged through the pool operator, Splash Pool Services. Member must pay for any extra guards that are needed to accommodate Member s event. 3. The event must end by 11:00 p.m. Revised March 17, 2015 3 of 5
4. Member acknowledges that the Stargazer Observatory building and pool areas are nonsmoking facilities. Smoking of any type is strictly prohibited anywhere within the interior or exterior of the building or pool areas. 5. Pets are not allowed in any portion of the Facility or Pool areas. 6. 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. 7. 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. 8. 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. 9. Attendees must respect the neighboring homes and abide by the noise restrictions with the City Ordinance and the governing documents. 10. 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. 11. 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. 12. 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. 13. Observatory Village Master Association, Inc. reserves the right to modify or terminate any Rental Agreement and room reservation schedule to accommodate program changes or other unforeseen circumstances. When a Rental Agreement 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 agree upon a mutually agreeable alternative date and time for the room rental, the Rental Agreement shall be deemed terminated and the Member will receive a full refund of the damage deposit. 14. The Member and renter (if applicable) are 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 pursuant to this Agreement. 15. In the event of any legal action concerning this Rental Agreement, the prevailing party shall be entitled to recover all of its costs and expenses, including reasonable attorneys fees and court costs incurred in enforcing or attempting to enforce any of said terms and conditions. 16. The Board for the Observatory Village Master Association reserves the right to deviate from the procedures set forth in this rental agreement if in its sole discretion such deviation is reasonable under the circumstances. Revised March 17, 2015 4 of 5
The Member and renter (if applicable) certify that they have read, understood, will abide by and will communicate to all guests and invitees, the Observatory Village Master Association, Inc., policies, rules and regulations as stated herein. Date: Facility Rented: Stargazer Observatory Village Clubhouse Date(s) of Event: Deposit Collected Check # One business day prior to your reservation, the code for accessing the key lockbox and the code for the clubhouse alarm will be emailed to the Member. Please provide an e-mail address. Member s E-mail Address: Member s Name (Printed): Member s Address: Member s Signature: Member is (Check appropriate box): Homeowner Renter If Member is a renter, this Clubhouse Rental Agreement will NOT be processed without the Homeowner s signature. Homeowner acknowledges and agrees that any damages in excess of $350 caused by their tenant s event and not subsequently paid by their tenant will be charged to the Homeowner s account. Homeowner s Name (Printed): Homeowner s Signature: Revised March 17, 2015 5 of 5
The five grey tables and 20 upholstered chairs are shaded in red and called A. This arrangement seats 20 people and the suggested placement is shown in Pic. A. To add more seating to the room, it is necessary to use the five white banquet tables located in the furnace room along with the 18-30 blue plastic chairs (called B) also located in the furnace room. The suggested arrangement to accommodate 18-30 people would be to combine the A furniture with the B furniture. The furniture shaded in red would be the A furniture and the non-shaded would be the furniture from the furnace room. The furniture may be arranged in any way that works for the party or event taking place, but please return the room to the arrangement using the A furniture as shown in the A diagram. Revised March 17, 2015 6 of 5