Please fill out a pool rental agreement – 2 weeks’ notice required (additional deposit and fee)
Additional Available Supplies
Tables and chairs available during your rental include ‐ 4 6’ tables, 2 8’ tables and 40 folding chairs (matching)
Plus (nonmatching) ‐ 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)
INDEMNIFICATION/WAIVER OF LIABILITY: Applicant, its successors and assigns, assumes all liability and risk and will defend, indemnify and hold harmless the Tallyns 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.
This Clubhouse Rental Agreement (“Agreement'”‘) is made this day by and between Tallyns Reach Metropolitan District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”) and (the “User”) for use of the clubhouse on this specified date.
- Availability. District-sponsored programs and activities have priority of use of District 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 District’s Rules and Regulations, (b.) being in good standing with the District 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
- Eligibility. Only persons who are permitted to use the Recreation Amenities under the Policies and Procedures, are current on any fees and assessments owing under the Policies and Procedures, and in compliance with all requirements set forth in the Policies and Procedures are eligible to execute this Agreement. Execution of this Agreement by a person other than a User shall be of no force or effect.
- Key Card. Non-residents using the facility shall return the key card to the place of pick up within 48 hours of your event or will be charged a $25 replacement fee.
- Security. Security personnel is required for all rentals if alcohol will be present. If security personnel is required, the District will obtain a contract for the services with a security provider, and User will be responsible for all costs related thereto.
- Reservations/Cancellation. Reservations will not be considered final until approval is granted and the 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. Functions may be cancelled without penalty by the User by sending written notice to District staff no less than fourteen (14) days in advance. It is understood that the penalty for cancellation of a function less than fourteen (14) days in advance is a forfeiture of the Rental Fee. The District may terminate this Agreement prior to the day of the event if the District, in its sole discretion, determines that use of the Clubhouse for the event will adversely affect the public health, safety or welfare. Upon termination of this Agreement by the District, the District shall refund the full Deposit and the full Rental Fee, as shown on the Application for Facility Use (the “Rental Application”) to the User.
- a. 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 District shall be billed to Users account, and such amounts shall become part of the charges due by the User to the District and shall constitute a lien against real property of the User existing within the boundaries of the District
- Use of Facilities. 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 Rental Application. Only the kitchen, main room, restrooms, and covered patio area are reserved under this Agreement. The play-area is not reserved under this Agreement and may be used by homeowners on a first-come, first-served basis.
- 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, cleaning the kitchen and 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. User acknowledges receipt of Checklist, by signing and receiving said checklist when Application is accepted the District.
- Condition of Facilities. A Rental checklist is to be completed by the User. The User is responsible to report any existing damage of the facility to District staff before their event begins on the provided checklist. Failure to report damage will result in the User accepting 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, a District representative will perform an inspection of the Clubhouse. The District 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 District related to such actions.
- Damage/Security Deposit. The User agrees that if, in the sole judgment of District staff, the District must incur costs to restore the Clubhouse or any of the District’s facilities to its/their pre- event condition, the District 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 District 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 District 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(I), C.R.S. The selection of the contractor for any cleaning, repairing or replacement shall be within the sole discretion of the District. The District 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.
- Alcoholic Beverages. 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.)
- a. No fee will be charged, either directly or indirectly (i.e. no cash bar) for the consumption of alcoholic beverages.
- b. No alcoholic beverages, including 3.2 beer, will be served, at any time, to any person who is under 21 years old or to any intoxicated person.
- c. It is acknowledged that the District 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.
- d. If any persons under the age of 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 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 21 years old.
- e. If any adult (persons 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.
- f. 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.
- g. The User shall indemnify and hold harmless the District for any claims, actions, or suits brought by third-parties against the District for any damages caused as a result of User failure to comply with the provisions of this Agreement.
- h. 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 District 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.
- Smoking. The User acknowledges that the Clubhouse and Pool areas are NONSMOKING facilities. No smoking is allowed anywhere within the Clubhouse and the fenced areas of the Pool, or within 25 ft. 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.
- Use Restrictions. No staples, nails or screws are allowed to be fastened by the User to any District facility at any time. No helium balloons are permitted. The User agrees that use under this Agreement will comply with all laws of the United States, the State of Colorado, all ordinances, rules and regulations of Arapahoe County and the City of Aurora and the requirements of the District, District staff, local police and fire departments. The following use restrictions shall be in effect at all times:
- a. 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.
- b. Upon sufficient cause and in the interest of the safety of the public, the District, its authorized representatives (including private security) and the Aurora Police department shall have authority to close the Clubhouse to public and private activities.
- c. 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.
- d. Children’s parties must have parent/adult supervision. This rule applies for any persons under the age of eighteen (18).
- e. No weapons of any type and no fireworks are allowed in the Clubhouse or the immediate surrounding area.
- f. 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.
- 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.
- 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 District 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
- Loss. The District is not responsible for lost or stolen articles.
- Exceptions. Any exceptions to the provisions set forth in this Agreement will be considered by the District on an “as requested” basis and such requests shall be submitted in writing.
- Breach of Agreement/Fines. The User agrees that violation of any of the above provisions or the District’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 District staff. Further, any such violation may preclude the User from using District facilities in the future, in the discretion of the Board or District staff. The District shall have all rights available under law and the District’s governing documents for enforcement of the provisions of this paragraph.
- 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 SECTION 17 SHALL RESULT IN A PENALTY OF THREE HUNDRED DOLLARS ($300) (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 12:00am 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 12:00am on the day immediately following the start of the Rental Period. The District may collect the Penalty from the Deposit. The Penalty shall become due on the date of the Event and the User agrees to pay the Penalty within thirty (30) days of the day of the Event. Interest shall accrue at the 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. Suh unpaid amounts shall become part of the charges due by the User to the District and shall constitute a lien against real property of the User existing within the boundaries of the District.
- Limitation of Liability and Indemnification. User accepts full responsibility for all guests and agrees to be financially responsible for any damage caused by them, even if such costs exceed the amount of the Deposit. User releases and agrees to fully indemnify, hold harmless and defend the District and its representatives from all liability resulting from User’s use of the Clubhouse and surrounding area, including liability for any attendee to User’s function. User agrees to save, indemnify, defend and hold harmless the District and its officers, directors, agents, employees, contractors and subcontractors against any and all damages, losses, liabilities, claims, costs and expenses, including reasonable attorneys’ fees arising out of any claim asserted by the undersigned, his or her family, guests, employees, invitees or third parties in conjunction with or arising in any way out of the use, operation or maintenance of the Clubhouse. User expressly acknowledges and agrees that the activities at the facility may be dangerous and involve risk or serious injury and/or death and/or property damage and hereby assumes full responsibility for the risk of bodily injury, death or property damage resulting from the negligence of the District or otherwise while in or upon the District’s facilities or for any purpose while participating in the event which is the subject of this Agreement. User hereby releases, waives, discharges and covenants not to sue the District, its officers, officials, representatives and assigns from all claims, demands and any and all manner of actions, causes of action, suits, damages, claims and demands whatsoever in law, or in equity, which the User now has, or which its successors, executors or administrators hereafter can, shall or may have, for, upon or by reason of any manner, cause created by or existing out of the permitted use of the facilities by the User, or any person using the reserved facilities. User expressly agrees that this reservation, release and indemnification is intended to be as broad and inclusive as is permitted by the Jaw of the state of Colorado, and further that if any part hereof is held invalid, the remainder of this section and this Agreement shall continue in legal force and effect.
- Animals. No animals, except documented service animals for the disabled, are allowed in the
- Severability. If any portion of this agreement is declared by any court of competent jurisdiction to be void or unenforceable, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. In addition, in lieu of such void or unenforceable provision, there shall automatically be added as part of this Agreement a provision similar in terms to such illegal, invalid or unenforceable provision so that the resulting reformed provision is legal, valid and enforceable.
- 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 District, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the District and, in particular, governmental immunity afforded or available to the District pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes.
- 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.
- 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
- a. The User and all of the Users guests shall refrain from behavior that impairs the use and enjoyment of the Clubhouse by any User.
- b. 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.
- c. 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 and unenforceable provisions had never been contained herein.
- d. 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 District. Failure to fully comply with the terms and conditions of this Agreement and all rules and regulations of the District may result in the forfeiture of the Deposit and the User ability to rent facilities in the future.
BY MY SIGNATURE BELOW, I HEREBY SWEAR TO HAVE READ AND UNDERSTAND, AND AGREE TO COMPLY WITH, THIS CLUBHOUSE RENTAL AGREEMENT, AND HAVE READ, AM FAMILIAR WITH, AND AGREE TO ABIDE BY ALL RULES AND REGULATIONS OF THE DISTRICT.