OLD PONTE VEDRA BEACH CABANA CLUB RULES

Transcription

1 OLD PONTE VEDRA BEACH CABANA CLUB RULES Pursuant to the authority vested by the Declaration of Condominium, the Board of Directors of Old Ponte Vedra Beach, a Condominium, and the Articles of Incorporation for Old Ponte Vedra Beach. Cabana Club, Inc., the Board of Directors of Old Ponte Vedra Beach Cabana Club, herein sometimes referred to as The 'Cabana Club', have duly adopted the following rules governing the use of the Recreational Facilities by Cabana Club Members. 1. USE OF THE RECREATION LAND AND FACILITIES 1.1 The Recreation Land and Recreational Facilities as defined in the Declaration, are for. the exclusive use of Members, their immediate families, renters,. resident house guests and. guests accompanied by a Member. No other person shall be permitted to use the Recreation Land and Recreational Facilities unless accompanied by a Member or a Member of his immediate family, without the prior written consent of the Cabana Club. 1.2 If a Member is delinquent for more than ninety (90) days in paying its monetary obligation due to the Cabana Club, the Board of Directors may suspend the rights of the Member, the Member s tenant, occupant, licensee or invitee, to use any of the Recreation Land and Recreation Facilities. Such suspension shall remain in effect until payment is received for all monetary obligations due to the Cabana Club. 2. CHILDREN 2.1 Children under age twelve (12) shall not play on or about the Recreation Land and Recreational Facilities except under reasonable supervision by a responsible adult. 2.2 The use of skateboards, in-line skates and roller skates is not permitted on the Recreation Land and Recreation Facilities. Bicycle riders must be at least 12 years old or under the direct supervision of a parent or legal guardian. No vehicle is permitted that is not customarily used on a public street, such as go-

2 carts, ATV s, etc. 3. PETS 3.1 No animals of any kind shall be allowed in or on the Clubhouse, Pool Area and Tennis Courts except by prior written consent of the Board of Directors of the Cabana Club. Such consent, if given, shall be revocable by the Board of Directors at any time, and such consent shall automatically expire upon the death or other disposition of the pet. Pets may be walked on rights of way and dune walkovers. 3.2 Dogs weighing over 70 pounds are prohibited. The following dog breeds have been identified by the Insurance Information Institute as dangerous and are prohibited on the Premises: pit bulls and pit bull types, rottweilers, chow chows, Doberman pinschers, German shepherds, Siberian huskies, perro de presa canarios, Alaskan malamutes, American Saffordshire terriers, boxers, great Danes, wolf mixes, and mixes with any of the foregoing. Dogs that are certified service dogs may be permitted by the Board. Notwithstanding the foregoing, the Board may in its sole unfettered discretion approve any dog to be on the Premises that is shown to the Board s unfettered discretion will not be dangerous, a nuisance, or harmful to Unit Owners quiet enjoyment of the Community. The Board may also in its sole unfettered discretion order any dog removed and eject it from the Premises that the Board finds for any reason may be dangerous, may pose a nuisance, or may interfere with Unit Owners quiet enjoyment of the Community. 3.4 Dogs must be on leash and under owner control at all times. No more than two dogs may be on leash by one person. 3.5 Members are strictly responsible for properly cleaning up after their pet and properly disposing of the waste. As in the case of other violations of these Rules, a person s failure to comply with these Rules concerning pets shall be subject to fine as determined by the Board. 3.6 Exotic pets such as reptiles, snakes, pigs, naturally wild cats, predator birds and others are prohibited. 3.7 Members and their lessees and guests who bring any animal on the Premises are strictly liable for, and shall bear the expense of any damage or injury to persons or property caused by their pets and the pets of their lessees and invitees. Any such damage may be determined by the Board of Directors of the Association and may be collected by the Association. 2

3 4. DESTRUCTION OF PROPERTY 4.1 There shall be no marking, marring, damaging, destroying or defacing of any part of the Recreation Land and Recreational Facilities or property. 4.2 Each Member shall be held responsible for, and bear any expense of such damage caused by such Member, or his family, guests, lessees and/ or invitees. 5. TRASH 5.1 All trash, cans, newspapers, magazines and other garbage shall be deposited in the covered, sanitary containers provided by the Cabana Club. 6. PARKING 6.1 Parking for Cabana Club Members and their guests is restricted to only the twelve (12) spaces located near the pool and Clubhouse area. Security guards will be instructed to turn away cars that cannot be accommodated within these twelve spaces. Members may use Cabana Club parking only when using Cabana Club Facilities. 6.3 Parking by Cabana Club Members and their guests is not permitted on Old Ponte Vedra Beach Condominium Land unless the Members are also Unit owners. The parking of boats, trailers, campers, trucks (other than standard size pick-up trucks) or other oversized vehicles is prohibited on Cabana Club Property. 6.4 Vehicles may be not be washed, polished or waxed on Cabana Club Property. 7. SWIMMING POOL 7.1 The pool and the pool area shall not be subject to rental or other exclusive use by any Member or other person. 7.2 All persons using the swimming pool do so at their own risk. 7.3 Hours in which swimming shall be permitted shall be determined by the Board from time to time as circumstances warrant. 7.4 Children under twelve (12) years of age must be accompanied by a responsible adult swimmer. 3

4 7.5 All persons must shower before entering the pool. 7.6 No surfboards, balls or large objects are allowed in the pool. 7.7 No running shall be permitted in or around the pool. 7.8 No glass is allowed in or around the pool. 7.9 Pets are not permitted in the pool or anywhere on the pool or Clubhouse decks No children in diapers are allowed in the pool. 8. HOT TUB 8.1 Persons using the hot tub do so at their risk. 8.2 Use of the hot tub is - permitted from dawn to dusk. 8.3 All persons must shower before entering the hot tub. 8.4 Children under twelve (12) years of age are not allowed to use the hot tub without adult supervision. 8.5 Neither food nor glass is allowed in or around the hot tub area. 9. TENNIS COURTS 9.1 Persons using the tennis courts do so at their own risk. 9.2 Use of the courts 'is permitted between the hours of 8:00 am and sunset. 9.3 Time limitations for play, in the event that other Members are waiting for use of the courts shall be as follows: Doubles Play 2 hours Singles Play 1 hour 9.4 Proper tennis attire must be worn when using the tennis courts, including, but not limited to, soft soled tennis shoes. 10. THE CLUBHOUSE 4

5 10.1 The Clubhouse may be reserved by Cabana Club Members for private social Events, subject to the following terms and conditions: (a) Reservations for Private Events 10.2 The Clubhouse may be reserved for private Events The pool, spa and adjoining deck areas may not be reserved or used for private Events No Club Facilities may be used for commercial purposes; however, if, in the opinion of the Board of Directors, a specific activity would benefit the majority of Cabana Club Members, the Board may grant such approval in writing at its sole discretion. Admission may not be charged for any event without express written Board approval nor may donations be solicited The Cabana Club Facilities may not be reserved on major holidays and holiday weekends including, but not limited to, Memorial Day, the Fourth of July and Labor Day Weekends Reservations must be made at least two weeks prior to the intended Event and confirmed at least one week prior to the intended Event Reservations may be made by contacting the Property Manager, Sentry Management, Inc. at (904) Reservations will be confirmed only upon the Club s receipt of: 1. Completed and signed Reservation and Indemnity Agreement which shall state the nature and purpose of the intended Event, the number of people expected to attend, the number of vehicles expected, including those of vendors and caterers, and, if applicable, the name of the caterer and other venders. 2. The completed and signed Reservation and Indemnity Agreement must include a parking plan showing how parking will comply with these Rules. 3. The applicable Usage and Cleaning Fee and Damage Deposit. 4. Proof of contract for additional security personnel, if applicable. 5. Proof of caterer s legal ability to serve alcohol, if applicable 10.9 No verbal or incomplete reservations shall be accepted. Reservations are 5

6 confirmed only when the Reservation and Indemnity Agreement has been countersigned by the Property Manager on behalf of the Club and delivered to the Member The Cabana Club reserves the right to reasonably deny a request to reserve the use of Cabana Club Facilities if in its judgment a proposed Event would be contrary to the best interests of the Club All fees and deposits must be made at least 2 weeks prior to the Event At least twenty-four (24) hours prior to the Event, the Member must deliver to the Property Manager and Security Guard a list of the Member s expected guests and the number of vehicles expected. The Security Company may refuse entrance to persons not on the list. (b) Price List for Private Events at the Clubhouse The charge for private events at the Clubhouse shall be set by the Board from time to time. Initially, the rates shall be: For events of 0-10 people - $25.00 For events of people - $50.00 For events of 31 or more people - $ Prices are subject to change without notice at any time before a reservation is made. In addition, a refundable Damage Deposit may be required in an amount to be determined by the Board from time to time. The Damage Deposit may be applied by the Board to clean up costs if additional cleaning is required after the Clubhouse has been surrendered by the Member. It is the Member s responsibility to confirm the applicable fees and deposits with the Property Manager when making reservations. (c) General Conditions Cabana Club facilities may be reserved for private events by current members in good standing only. Facilities may not be reserved for non-member Events The Member must be present for the entire duration of the Event Parties of children or young adults under the age of twenty-one (21) are not allowed unless accompanied by parents who are Members and who will be responsible for same Events may be attended by an authorized Club representative. 6

7 10.19 All Clubhouse private Events are limited to a maximum attendance of 80 people. Under no circumstances shall the maximum attendance limit be exceeded All Events with 25 or more guests are required to have a security officer, hired from the vendor providing current security services to the Cabana Club, present at all times. The officer must be present one hour before the Event through the time that the last vendor leaves the facility. The Member who schedules the Event is responsible for payment of the security officer All Events are limited to the hours of 8:00 a.m. to 12 o clock midnight All activities must take place within the Clubhouse. The swimming pool, spa, outside decks, and dune walkovers are not to be used in conjunction with Event activities Events may not create an unreasonable annoyance, inconvenience, or nuisance to area residents, or unreasonably interfere with the quiet enjoyment of their residences. The Cabana Club Facilities are situated in a quiet residential community, and all Members are bound by community and city noise restrictions. To abate noise and not to disturb nearby residents, the doors to the Clubhouse may not be left open during an Event. All outside noise shall be curtailed at 10:00 p.m., and all music, (e.g., bands, jukeboxes or recordings) must be turned off by 11:00 pm. If noise from the Event is not controlled as required by these Rules, the Club, its representatives or Security Guard may turn off, interrupt the power for, or otherwise terminate the noise without liability for any consequences of such action. Any officer of the Cabana Club and any Security Guard have the authority to terminate an Event conducted in violation of these rules The Member is responsible for all damages and injury that occur in or are related to the Event. Members reserving the facility must sign a Reservation and Indemnity Agreement for their Event in the form attached to these Rules indemnifying for and holding the Cabana Club harmless from any incident related to the use of the facility. This indemnification shall also include provision for defense of the Cabana Club in the event such an incident should arise and the Cabana Club is sued. The form of the Reservation and Indemnity Agreement is subject to change at any time without notice Furniture may not be removed from the Clubhouse for an Event unless authorized and directed by the Property Manager which may retain a moving and storage company to do so. All costs and expenses will charged to the Member 7

8 plus a reasonable administration fee. (d) Prohibitions The following are prohibited in or on Cabana Club Facilities: Rice and confetti or similar items. Barbeque grills. Signs identifying Events. Smoking. Drugs, illegal substances and weapons. Possession or consumption of alcohol by any underage person. (e) Alcohol No alcoholic beverages may be sold at an Event It is the Member s responsibility to ensure that all attendees consume alcoholic beverages responsibly and that minors do not consume alcoholic beverages at all. (f) Keys A key to the Clubhouse may be obtained at the Property Manager's office between the hours of 9:00 am and 4:00 pm, Monday through Friday. The Property Manager will not be responsible for opening the Clubhouse for Members or their caterers, etc. The key must be returned by noon of the next business day following the event. A fee of Two Hundred Dollars ($200.00) will be charged if the key is lost or not returned. (g) Clean Up and Cleaning Fee Prior to an Event, the Clubhouse will be checked by a representative of the Cabana Club to ensure that it is clean and has an adequate supply of toilet tissue and paper towels The Member reserving the Facilities is responsible for cleaning the facilities after the Event. An authorized representative of the Cabana Club shall inspect the facilities before and after the event. If the facilities 8

9 are undamaged and in proper order, the damage deposit will be released within thirty (30) days after the event. However, if additional cleaning is required, the Member shall be advised to do so immediately. If there is damage to the facilities, if additional cleaning is required of the facility, or if there is other loss to the Cabana Club relating to the Event, the Cabana Club will provide, within thirty (30) days of the Event, written notice that the damage deposit is being retained until such time as the Cabana Club is able to receive estimates and/or proposals for the costs to repair or replace the damage and to clean the facilities and a damage statement is prepared. Within a reasonable amount of time, the Cabana Club will deduct the expenses and reasonable estimates of future expenses against the damage deposit for the cleaning, repair and replacement of damages sustained, as well as an administration fee of $30.00 an hour to coordinate and complete the necessary cleaning, repairs and replacements. If at this time a surplus remains, it will be forwarded to the Member. If, however, a deficit remains after deducting from the damage deposit, an invoice will be sent to the Member for payment to the Cabana Club. (h) Parking Parking is restricted to 12 cars. These spaces are located near the pool and Clubhouse area. Some limited overflow may be accommodated in the area near the tennis courts if authorized by an officer of the Cabana Club or Security Guard. Under no circumstances may cars be parked on other Old Ponte Vedra Beach Condominium Land. Car pooling is highly recommended. (i) Caterer and Vendor Rules It is the Member s responsibility to see that all caterers and vendors clean up after the Event. Everything that is brought in by a caterer or vendor must be taken out: glassware, bottles, garbage, decorations, food, drinks, tables, chairs, etc. All appliances and fixtures must be clean. Stains of any type and damage caused by cooking devices utilized by the caterer are the sole responsibility of the Member to clean/repair/replace. It is the responsibility of the Member and caterer to make sure that portable ovens and other equipment comply with applicable fire codes and do not damage or stain the floors or pavement. Barbeque grills of all types are prohibited The Club reserves the right to impose a fine on Members and to restrict caterers and vendors from future Events if they do not comply with the Declaration, rules, regulations and these Caterer and Vendor Rules. (j) Cancellation Policy A Member may cancel a reservation at any time. All fees and deposits will be returned less any expenses and reasonable administrative costs incurred by 9

10 the Cabana Club The Club may cancel a reservation or revoke use privileges at any time, including during the Event, due to acts of God, disaster or danger to or misuse by the Member, guests or employees, or if, in the sole opinion of the Cabana Club the use or contemplated use of the Cabana Facilities presents a danger or risk to the facilities or Members or their guests or employees, and the Cabana Club shall be indemnified and held harmless in doing so. In the event the Cabana Club cancels the reservation and the Agreement prior to the function event, all fees and deposits shall be returned to the Member. In the event the Cabana Club cancels the Event during the time reserved for the Event through no fault of the Member or guests, then the fees and deposits shall be refunded to the Member less the Club s reasonable expenses and administrative costs to restore the facilities to proper order. 11. RULE CHANGES 11.1 The Board of Directors reserves the right to change or revoke existing rules and regulations and to make such additional rules and regulations from time to time as, in its opinion, shall be reasonably necessary or desirable for the safety and protection of the Recreational Facilities and to promote the comfort and convenience of the Members of the Cabana Club. 12. COMPLIANCE WITH DOCUMENTS 12.1 Members, renters, guests and visitors shall comply with all of the terms, conditions, covenants, restrictions and limitations contained herein. 13. INFRACTIONS AND INCIDENT REPORTING 13.1 Infractions and other complaints should be reported to the Property Manager, to security personnel or to a Director Disagreements concerning violations, including, without limitation, disagreements regarding the proper interpretation and effect of these Rules, shall be presented to and determined by the Board, whose interpretation of the Rules and whose determination of remedial action shall be dispositive Any person that fails to abide by these Rules as reasonably interpreted by the Board shall be subject to fine by the Board for each violation. The amount of any fine shall be in the discretion of the Board and except as provided for violations of Unit leasing Rules shall not exceed $100 for each day of violation up 10

11 to $1,000 per occurrence. All monies collected shall be paid into the Club general fund. Any Resident against whom a fine is to be assessed shall be provided 14 days written notice and an opportunity to be heard before an impartial Infraction Committee as provided in Florida Condominium Law Section The Infraction Committee shall consist of not less than two or more than three Residents who are not Directors of the Club and who do not reside in a Director s household. If the Infraction Committee does not unanimously agree with the fine, the fine may not be levied. If fines are not paid within thirty days of the receipt of written notification or where applicable within thirty days of the decision of the Infraction Committee, the amount of such fine shall bear interest at the rate of 18% per annum until paid If the Board of Directors of the Club deems it necessary, it may bring action of law or in equity, in the name of the Club, to enforce these, including the provisions herein for fines, damages and charges for substitute performance.. In the event the Club is the prevailing party, the Club shall, in addition, be entitled to recover its costs and attorneys fees incurred in enforcing these rules and regulations. Revised October 28,

12 RESERVATION AND INDEMNITY AGREEMENT, the undersigned Member ( Member ) of Old Ponte Vedra Beach Condominium Club, Inc., Ponte Vedra Beach, Florida (the Club or the Cabana Club ) agrees to the following: In consideration for being permitted usage of the Cabana Club Facilities for the Member s Private Event, Member hereby agrees to indemnify and hold the Cabana Club and the Old Ponte Vedra Beach Condominium Association, and their officers, directors, residents/homeowners (excepting, the undersigned Member), employees and agents harmless from any and all actions, claims, demands, fines, penalties, liability, defense costs, (including attorney s fees and all other fees incidental to defense), loss or damage which may occur as a direct or indirect result of any act (negligent or intentional in nature), inaction, occurrence, happening, claim, demand, cost, damage (realized) or arising from or related to the following Event: Private Event for which the undersigned Member has reserved the use of the following Cabana Club Facilities to be held on,, 20, from :.m. to :_m.: -. Undersigned Member represents that the purpose of the event is, and that approximately people will be in attendance. Approximately vehicles are anticipated including those of caterers and vendors and shall be parked in accordance with the Cabana Club Rules. Undersigned Member shall be responsible for compliance by it, its guests and venders, with the Club Rules for Clubhouse Private Events, which are attached hereto, and with the Articles, By-Laws, and Rules of the Club, and as may be applicable to Undersigned, with the Articles, By- Laws and Rules of the Old Ponte Vedra Beach Condominium Association. The Member shall submit a parking plan for the vehicles expected at the event. The parking plan submitted with this reservation shall be updated within 24 hours of the event. Without limitation on the Undersigned s obligations and liabilities under all other Rules, Insurance Documents, and governing documents of either the Cabana Club or the Old Ponte Vedra Beach Condominium Association, undersigned Member shall be responsible for supervising the service of alcoholic beverages to all persons attending the event, for ensuring that no alcoholic beverages are served to anyone under or suspected to be under the age of 21 years or the influence of alcohol, and for ensuring that all alcoholic beverages are served in

13 compliance with law. Alcohol: Will not be served. Will be served by a licensed caterer with legal authority to serve alcohol. Will be served by the host Member or its guests. Signed by: Date: Cabana Club Member Signature Printed Name Address Signed by: Date: Property Management Representative Signature on behalf of Old Ponte Vedra Beach Cabana Club Return documents to: Sentry Management, Inc A1A N Ponte Vedra Beach, FL