Facility Use Information
Will Alcohol Be Present: (max persons 72)
(If alcohol will be present, security is required.)
Desposit: $300Fee: $90 for 3 hours, $30 each additional hour (3 hour minimum) (2 weeks' notice required)
from to (Hours 6AM - Midnight)
(reserved time is inclusive of set up and clean up)
Payment is due 21 days before event on the business day
Additional fee if alcohol is being served (this covers the security guard we have to hire)
Please fill out a pool rental agreement - 2 weeks' notice required (additional deposit and fee)
Tables and chairs available during your rental include - 4 6’ tables, 2 8’ tables and 40 folding chairs (matching) Plus (non matching) - Tables: One 8ft. banquet, two 6ft. banquet, one 5ft. banquet, and one 4ft. banquet. Chairs: 30 folding chairs
(table cloths and chair covers not available)
Required to be submitted with application:
Completed ApplicationRental Fee and Security Fee (if needed)Deposit
Rental/Security Fee: Check made payable to YMCA of Metropolitan Denver (we also accept Mastercard, Visa and Discover) (Payment is due 14 days before event on the business day)
Deposit: payable by credit card - we accept Mastercard, Visa and Discover
Please email completed paperwork to: firstname.lastname@example.org.
OFFICE: 6295 S Main St #104 Aurora CO 80016
Tallyn’s Reach Clubhouse physical address: 24900 E Park Crescent Drive, Aurora, CO 80016; for facility access for emergency only, call 720-810-7310.
INDEMNIFICATION/WAIVER OF LIABILITY: Applicant, its successors and assigns, assumes all liability and risk and will defend, indemnify and hold harmless the Tallyn’s Reach Metropolitan District Nos. 1-3(the "District"), the District's directors, staff, employees, consultants, licensees, invitees, agents, successors, and assigns from any and all injuries, loss, claims, liability, damages, and costs, including, without limiting the generality of the foregoing, court costs and attorneys' fees, caused by, resulting from, or in any way arising out of the use of the District's facilities by the applicant, its guests, licensees, Invitees, agents, contractors, subcontractors, employees, successors, and/or assigns.
Clubhouse Rental Agreement
This Clubhouse Rental Agreement ("Agreement") is made this day of , by and between TALLYN’S REACH AUTHORITY, a political subdivision of the State of Colorado (the "Authority") and (the "User”), an individual residing in the County of Arapahoe, State of Colorado, at:
WHEREAS, the Authority is the owner and/or operator of a clubhouse (the “Clubhouse”) serving the residents of the Authority, in Arapahoe County, Colorado, which is subject to the Policies and Procedures Governing the Tallyn's Reach Clubhouse and Recreation Amenities, adopted August 8, 2018 (the “Policies and Procedures”); and
WHEREAS, the User desires to reserve the Clubhouse and use the same for a private event (the “Event”) for people, to be held by the User from to on (the “Rental Period”); this time frame will include set-up and take-down of Event; and
WHEREAS, the User is in good standing with the Authority and is not currently overdue on any taxes, rates, fees, tolls, or other charges owing and due to the Authority; and
WHEREAS, the Authority desires to allow the User to reserve the Clubhouse for the Rental Period, for purposes of staging the Event, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises expressed herein, the receipt and sufficiency of which are hereby acknowledged, the Authority and the User hereby agree as follows:
COVENANTS AND AGREEMENTS
1.Availability.Authority-sponsored programs and activities have priority of use of Authority facilities; therefore consecutive nightly, weekly or monthly usage may not be available. The User represents that the event is a private function, by invitation only, and is not open to members of the general public. It is also acknowledged that the User’s right to use the Clubhouse for this event is subject to: (a.) The Authority's Rules and Regulations, (b.) being in good standing with the Authority at the time this Agreement is signed, and at the time of the event, and (c.) prior reservations. The User must be at least 18 years of age to reserve a facility or 21 years of age if alcohol will be present
2.Eligibility.Only persons who are permitted to use the Recreation Amenities under the Policies and Procedures, are current on any fees or assessments owing under the Policies and Procedures, and in compliance with all requirements set forth in the Policies and Procedures (“Permittees”) are eligible to execute this Agreement. Execution of this Agreement by a person other than a Permittee shall be of no force or effect.
3.Reservations.Reservations will not be considered final until approval is granted and the complete Application for Facility Use, completed Agreement, completed Applicant Waiver of Liability and Release Form, and appropriate fee(s) and deposit(s) have been received. Rentals are approved on a first come first served basis. It is not guaranteed that a requested date will be available.
4.Security.Security personnel is required for all rentals if alcohol will be present. If security personnel is required, the Authority will obtain a contract for the services with a security provider, and User will be responsible for all costs related thereto.
5.Use of Clubhouse.The User shall have exclusive use of the Clubhouse during the Rental Period, for the sole purpose of staging the Event as described in the Application for Facility Use. Such use shall be subject to the terms and conditions set forth herein. Only the kitchen, main room, restrooms, and covered patio area are reserved under this Agreement. The grills and play-are are not reserved under this agreement, and may be used by Authority Residents on a first come first served basis.
6.Fee.At the time of execution of this agreement, the User shall pay, by check or money order, a rental fee to the Authority for use of the Clubhouse (the “Rental Fee”). A schedule to determine the Rental Fee is set forth in Article 1.7.5 of Exhibit D of The Policies and Procedures Governing the Tallyn's Reach Clubhouse and Recreation Amenities. The User’s swimming facilities access card will be activated during the Clubhouse Rental Period in order to access the Clubhouse.
7.Set Up/Cleaning.All set up, take down, and clean-up is the responsibility of the User. Upon conclusion of the event, the Clubhouse will be left in its pre-event condition, all decorations will be removed, and trash will be bagged, removed from the facility, and placed in the trash receptacle in the parking lot. All equipment and furniture will be returned to their proper storage locations or removed, as applicable. Standard cleaning, including vacuuming, surface cleaning, mopping hard floors, and cleaning the kitchen, refrigerator and restrooms will be performed, as needed, by the User. The User will also be responsible for cleanup of the exterior grounds if needed.
8.Condition of Facilities.Prior to the start of the Event, User shall perform an inspection of the Clubhouse and report any issues with the condition of the Clubhouse on the Inspection Report Form, which shall constitute the “Pre-Event Report” and shall be attached hereto as Exhibit 1 and incorporated herein. The User is responsible to report any existing damage of the facility to Authority staff before the event begins. Failure to report any and all damage or issues with the condition of the Clubhouse in the Inspection Report, if any, shall be deemed full agreement and acceptance by the User of the condition of the Clubhouse as of the Event and responsibility for all existing damage. The User agrees to complete the checklist given at the time of reservation. As soon as reasonable after the event, an Authority representative will perform an inspection of the Clubhouse. The Authority shall be entitled to take such actions as required to restore the Clubhouse to its condition immediately preceding the event, and the User shall be responsible for all costs and expenses incurred by the Authority related to such actions.
9.Damage/Security Deposit. At the time of execution of this agreement, the User shall deliver to the Authority a check in the amount of Three Hundred dollars ($300.00), payable to the “YMCA of Metropolitan Denver” (the “Deposit”) to be held as security for the clean and orderly return of the Clubhouse following the Event. Prior to the end of the Rental Period, User shall clean and perform an inspection of the Clubhouse, and complete the Cleaning/Inspection Checklist. The User shall return the completed Checklist to the Authority Manager within five (5) days of the end of the Event. Failure to return the Checklist within five (5) days of the Event will result in the charge of an inspection fee in the amount of fifty dollars ($50.00) to the User’s account. The completed Checklist shall constitute the “Post-Event Report” and shall be attached hereto as Exhibit 2 and incorporated herein. The User agrees that if, in the sole judgment of Authority staff, the Authority must incur costs to restore the Clubhouse or any of the Authority’s facilities to its/their pre-event condition, the Authority shall be entitled to apply the full Deposit or any portion thereof against such costs. If the Deposit is insufficient to pay for the damages and/or clean up, the User agrees to pay for any and all additional costs. The User further agrees that the Authority may invoice the User for any charges in excess of the Deposit. The User agrees to pay any such invoice charges within thirty (30) days, and if any such invoice charges are not paid within thirty (30) days, interest shall accrue at a rate of eighteen percent (18%) per annum from the thirtieth day following the date of the invoice until paid. Such unpaid amounts shall become part of the fees and charges due and owing by the User to the Authority and shall constitute a perpetual statutory lien against the real property owned by the User (or the Owner as set forth on the signature page) pursuant to§ 32-1- 1001(1)(j), C.R.S. The selection of the contractor for any cleaning, repairing or replacement shall be within the sole discretion of the Authority. The Authority shall refund the Deposit, or any remaining amount thereof, within thirty (30) days from the first business day immediately following the event, to the User. If part of the Deposit is used, then as soon as is reasonably convenient after the Rental Period, the Authority shall issue a check and receipt to the User for such portion of the Deposit, if any, as remains after the Authority has taken any necessary actions in accordance with Sections 5-7 hereof.
Alcoholic beverages may be served as long as the User abides by the following conditions: (IF ALCOHOL IS TO BE PRESENT, THE USER IS REQUIRED TO HAVE SECURITY ON SITE.)
- No fee will be charged, either directly or indirectly (i.e. no cash bar) for the consumption of alcoholic beverages.
- No alcoholic beverages, including 3.2 beer, will be served, at any time, to any person who is under twenty-one (21) years old or to any intoxicated person.
- It is acknowledged that the Authority does not hold or maintain a liquor license, and permission to serve alcoholic beverages does not constitute a liquor license. The User shall be solely responsible for compliance with the liquor laws of the State of Colorado. No alcoholic beverages will be served or consumed outside of the Clubhouse.
- If any persons under the age of twenty-one (21) years old attending the event, whether invited or uninvited, bring alcoholic beverages onto the Clubhouse premises, the User shall take action to have such beverages removed from the premises. If necessary, the User will call the police to seek assistance with the enforcement of this policy. At any event in which the majority of the attendees are under twenty-one (21) years old, the User will assure that there is at least one adult chaperone present at all times for every ten (10) persons under twenty-one (21) years old.
- If any adult (persons twenty-one (21) years old or older) attending the event, whether invited or uninvited, is abusing or misusing alcohol on the Clubhouse premises, the User will take action to have such activities stopped, and if necessary, notify the police to seek assistance.
- The User agrees to arrange alternate transportation for any attendee who is unable to safely and responsibly drive away from the event due to intoxication. The User agrees that they are solely responsible for any claim or liability that arises as a result of the serving of alcoholic beverages at their event.
- The User shall indemnify and hold harmless the Authority for any claims, actions, or suits brought by third-parties against the Authority for any damages caused as a result of User failure to comply with the provisions of this Agreement.
- Security personnel are required for all rentals during which alcohol will be present. No exceptions will be granted. If security personnel are required, the undersigned will be responsible for all costs related thereto. Security personnel must be reserved by Authority staff. In the event this provision is violated by the User, the User shall automatically be assessed a minimum of $250 penalty and shall be suspended from all Clubhouse rental privileges for twelve (12) months.
11.Smoking.The User acknowledges that the Clubhouse and Pool areas are NON-SMOKING facilities. No smoking is allowed anywhere within the Clubhouse and the fenced areas of the Pool, or within twenty-five (25) feet of the Clubhouse, Pool or play area at any time. The User agrees that violation of the non-smoking provision will be sufficient reason for assessment of an additional $100.00 fine.
12.Rules and Use Restrictions.The User agrees to use the Clubhouse in accordance with the following rules. The express statement of any rule below shall in no way diminish the rights of the Authority or the duties of the User as set forth in the remainder of this Agreement.
- The User is responsible for confirming that all Clubhouse doors are secure and locked prior to leaving the Event, and for arranging for such cleanup and repairs as are necessary to restore the Clubhouse to its condition immediately preceding the Event. The Clubhouse area shall be locked and secured no later than the end of the Rental Period.
- No tape, staples, nails or screws are allowed to be fastened to any Authority facility at any time.
- No helium balloons are permitted.
- Children's parties must have parent/adult supervision. For the purposes of this Agreement, the term “children” applies to all persons under eighteen (18) years of age.
- Excessive noise or misconduct shall be grounds for immediate revocation of the right to use the facilities. All music must be kept at levels that do not disturb the reasonable peace and quiet of any citizen. All noise shall be confined within the building and doors will remain closed when music is playing.
- No weapons or fireworks of any type are allowed in the Clubhouse or the immediately surrounding area.
- Upon sufficient cause and in the interest of the safety of the public, the Authority, its authorized representatives (including private security) and the Aurora Police department shall have authority to close the Clubhouse to public and private activities.
- City of Aurora fire codes mandate the legal capacity of the Clubhouse. Doors may not be blocked; a clear five-foot width pathway to insure safe exit must be maintained. Throwing of rice, birdseed or confetti is not permitted. Special permission may be granted on a case-by-case basis.
- The User agrees to comply with all state and local laws, ordinances, and regulations, including, but not limited to, those governing the serving and/or consumption of alcohol, parking, open container. noise, disorderly conduct, or loitering. The Deposit may be forfeited as the result of violating these provisions.
13.Parking.The User acknowledges that parking is available only on a first come, first served basis. Function guests may not park in area designated as no parking areas. Cars parked in inappropriate areas must be moved upon request or will be towed at the owner's expense.
14.Vendors and Suppliers.All Users will furnish their own equipment and material unless specifically designated on the application. Subject to prior agreement being made with Authority staff, the User agrees that entertainment companies, caterers, florists, photographers and all other third parties providing services for the event, will coordinate their arrival and departure times to coincide with the base use period. If the facility is not left vacant after the completion of the rental, it is understood that the actual costs of teardown will be assessed, and the User will be responsible for all cleaning, storage, and rental fees during the time premises are not vacant.
15.Loss.The Authority is not responsible for lost or stolen articles.
16.Exceptions.Any exceptions to the provisions set forth in this Agreement will be considered by the Authority on an "as requested" basis and such requests shall be submitted in writing.
17.Breach of Agreement/Fines.The User agrees that violation of any of the above provisions or the Authority’s Rules and Regulations may result in fines of up to $250.00 per violation, forfeiture of the Deposit, and additional fees/fines, being billed to the User, at the discretion of the Board or Authority staff. Further, any such violation may preclude the User from using Authority facilities in the future, in the discretion of the Board or Authority staff. The Authority shall have all rights available under law and the Authority's governing documents for enforcement of the provisions of this paragraph.
18.Penalty for Exceeding Rental Period.The User shall have use of the Clubhouse for the time period not to exceed the Rental Period (on first page) for the sole purpose of staging the Event, and such use shall be exclusive of all other User or guests thereof, during said period.
FAILURE OF THE USER TO COMPLY WITH THE TERMS OF THIS ARTICLE 8 SHALL RESULT IN A PENALTY OF THREE HUNDRED DOLLARS ($300.00) (the “Penalty”).
Notwithstanding any term or provision set forth herein, in no circumstance shall the Event extend beyond the earlier of the end of the Rental Period, or the hour of 12:00 a.m. on the day immediately following the start of the Rental Period. The User shall ensure that the Event is over and all Event attendees have left the Clubhouse area prior to the earlier of the end of the Rental Period, or the hour of 12:00 a.m. on the day immediately following the start of the Rental Period. The Authority may collect the Penalty by any legally available means, including but not limited to deducting the amount of the Penalty from the Deposit. The Penalty shall become due on the day of the Event and the User agrees to pay the Penalty within thirty (30) days of the day of the Event. If the Penalty or any portion thereof is not paid within thirty (30) days of the day of the Event, interest shall accrue at a rate of eighteen percent (18%) per annum from the thirtieth day following the date of the Event and all such amounts shall be added thereto. Such unpaid amounts shall become part of the charges due by the User to the Authority and shall constitute a lien against the real property of the User existing within the boundaries of the Authority.
19.Disorderly or Offensive Conduct.. During the course of the Event, the Authority and its authorized representatives may request the User or guest(s) of the User to cease conduct that:
- Violates any of the terms or conditions contained herein; or
- Interferes with, or is abusive, toward any employee in the normal operation of the Clubhouse; or
- Interferes with the use or enjoyment of the facilities by the User, guest of the User, or Permittee, or is abusive to any such person; or
- Is abusive or damaging toward the Clubhouse or any other Authority facility.
In the event that the offending party fails to cease such conduct after being requested and warned to do so, the Authority, acting by or through its Manager or other authorized agent, is authorized to use all reasonable means deemed necessary to stop such conduct. This includes, but is not limited to, having the offender removed from the Clubhouse and barred from further privileges to use the Clubhouse during the course of the Event, without the necessity of any action of the Authority’s Boards of Directors. All such removals shall be reported to the Authority Manager. In the event that the offending party is the User, the Authority, acting by or through its Manager or other authorized agent, shall be authorized to take all reasonable actions necessary, including but not limited to removal of the User and all the guests from the Clubhouse, and termination of the Event, without regard to how much time remains in the Rental Period. In such a circumstance, the User shall forfeit the entirety of the Deposit.
- Termination by the Authority. More than twenty-one (21) days prior to the day of the Event, the Authority may terminate this Agreement for any reason by written notice to the User. The Authority may terminate this Agreement within twenty-one (21) days prior to the day of the Event by written notice to the User if the Authority, in its sole reasonable discretion, determines that use of the Clubhouse for the Event will adversely affect the public health, safety or welfare. Upon termination of this agreement in accordance with the terms of this Section 6.a., the Authority shall refund the full Deposit and the full Rental Fee to the User.
- Termination by the User. More than fourteen (14) days prior to the Rental Period, the User may terminate this Agreement for any reason by written notice to the Authority and upon such termination shall be entitled to a full refund of the Deposit and the Rental Fee. Within fourteen (14) days of the day of the Event, the User may terminate this Agreement by written notice to the Authority. Upon termination by the User within fourteen (14) days of the day of the Event, the User shall be entitled to no refund of the Rental Fee, but shall be entitled to a full refund of the Deposit. Upon forfeiture of the Rental Fee, the User shall thereafter be obligated for no additional expenses related to the Clubhouse under this Agreement.
- If any payment tendered by User under this Agreement is returned and or otherwise refused by any financial institution, all associated charges incurred by the Authority shall be billed to Users account, and such amounts shall become part of the charges due by the User to the Authority and shall constitute a lien against real property of the User existing within the boundaries of the Authority.
- The Authority shall not be liable for any claims or demands of any kind arising out of the User's use or occupancy of the Clubhouse, or for any claims or demands of any kind resulting from loss of life, personal injury and/or damages to property incurred or sustained by the User or any of the User's guests, invitees, licensees, employees, agents or contractors and arising directly or indirectly, proximately or remotely from or out of the User's use of the Clubhouse for the purpose of conducting the Event during the Rental Period.
- The User has agreed and by these presents does agree to indemnify and forever hold the Authority, its officers, employees, successors and assigns harmless from any and all claims, liability, actions, charges or expenses (including attorney's fees) in connection with the loss of life, personal injury, and/or damage to property arising or alleged to arise directly or indirectly from or out of the occurrence of any event upon or within the Clubhouse or while the User, or User's guests, invitees, employees, agents and/or contractors are in route to or from the Clubhouse, before, during and after the Event, and the User, on behalf of himself and all heirs and assigns, has released and does hereby release the Authority, its employees, officers, successors and assigns from and against any and all such claims, actions and damages arising directly or indirectly out of the use of the Clubhouse by the User for the Event.
- The User has agreed and by these presents does agree to indemnify and forever hold the Authority, its officers, employees, successors and assigns harmless from any and all claims, liability, actions, charges or expenses (including attorney's fees) in connection with the consumption
22.Severability.In case any provision contained in this Agreement is, for any reason, held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if the invalid, illegal or unenforceable provisions had never been contained herein.
23.Governmental Immunity.Nothing in this Agreement shall be construed to waive, limit, or otherwise modify, in whole or in part, any governmental immunity that may be available by law to the Authority, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Authority and, in particular, governmental immunity afforded or available to the Authority pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes.
24.Counterpart Execution.This Addendum may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies hereof may be delivered by facsimile or email of a PDF
document and upon receipt shall be deemed originals and binding upon the signatories hereto, and shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings.
24.Miscellaneous.This agreement constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments.
- The User and all of the Users guests shall refrain from behavior that impairs the use and enjoyment of the Clubhouse by any User.
- This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns.
- As used herein, the singular shall include the plural and the plural shall include the singular, and the use of any gender shall include all genders.
User has read and fully understands and has voluntarily signed this Agreement. User understands that this is a legal document and has had the opportunity to consult legal counsel or by signing below waives the right to do so. User shall be considered the legally responsible party for compliance with all rules and regulations of the Authority. Failure to fully comply with the terms and conditions of this Agreement and all rules and regulations of the Authority may result in the forfeiture of the Deposit and the User ability to rent facilities in the future.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.