Clubhouse Reservation Form

This Clubhouse Rental Agreement (“Agreement'”‘) is made this day:

by and between Wheatlands Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”) and:

for use of the Clubhouse on:

Availability. District-sponsored programs and activities have priority of use of the Clubhouse, as defined below; therefore, consecutive nightly, weekly, or monthly usage may not be available. Rental Party may not rent the Clubhouse more than four times per year. Rental Party represents that the event is a private function, by invitation only, and is not open to members of the public. It is also acknowledged that Rental Party’s right to use the Clubhouse for this event is subject to: (a.) the District’s Rules and Regulations, (b.) as applicable, Rental Party’s resident account related to fees and dues is in good standing at the time this Agreement is signed, and at the time of the event, and (c.) prior reservations. Rental Party must be at least eighteen (18) years of age to reserve the Clubhouse or twenty-one (21) years of age if alcohol is present. Early arrival or late departure (exceeding 15 minutes of the reserved time), without prior written approval of District’s manager, may result in a $100 fine.

Security.

Security personnel are required for all rentals during which seventy-five (75) or more people will be in attendance with or without alcohol. No exceptions will be granted. If security personnel are required, the Wheatlands Metropolitan District or its manager will obtain a contract for the services with a security provider, and Rental Party will be responsible for all costs related thereto. The penalty for violating this provision is a $250 fine and a one-year suspension of the right to rent the Clubhouse from the date of the violation.

Reservations/Cancellation. Reservations will not be considered final until approval is granted, and the appropriate fee(s) and Deposit have been received. Rentals are approved on a first come first served basis. It is not guaranteed that the requested date will be available. Functions may be cancelled by Rental Party by sending written notice to District staff no less than fourteen (14) days in advance. Refunds require fourteen (14) days to be processed. The penalty for cancellation of a function less than fourteen (14) days in advance is forfeiture of the Rental Fee. District may terminate this Agreement prior to the day of the event if 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 District, District shall refund the full Deposit and the full Rental Fee (as shown on the Application for Clubhouse Use (the “Rental Application”)) to Rental Party.

Use of Clubhouse.Rental Party 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, and restrooms (collectively, the “Clubhouse”) are reserved under this Agreement. The pools, grills, patio, and play-area are not reserved under this Agreement and may be used by homeowners on a first-come, first-served basis. Unauthorized use of the areas other than the Clubhouse may result in the forfeiture of the Deposit.

Set Up, Take-Down and Cleaning. Rental Party is responsible for all set-up, take-down, and general clean-up of the Clubhouse during the booked rental times. No tape, command strips, staples, thumbtacks, push pins, nails, or screws are allowed to be fastened to any District facility at any time. No rice, birdseed, or confetti are permitted. Rental Party shall remove any temporary décor brought into the Clubhouse, including balloons. Upon conclusion of the event, Rental Party agrees to leave the Clubhouse in its pre-event condition, including but not limited to, removal and proper disposal of all decorations, supplies, and trash. Failure to leave the Clubhouse in its pre-event condition will incur a $100 fine. Rental Party agrees to remove trash from the Clubhouse, including the restrooms and recycling bins, and dispose of trash in the dumpster in the parking lot. Rental Party agrees to dispose of trash into the dumpster and not to throw trash over the dumpster enclosure. If trash is thrown over the dumpster enclosure, Rental Party will incur a $100 fine.

Equipment and Furniture Use. Rental Party agrees to return all Clubhouse equipment and furniture to their proper storage locations, as applicable. Rental Party agrees to return the round/banquet tables and folding chairs to their storage location in the same designated areas as stored prior to the event. Rental Party agrees not to move the wooden dining table, the seating area couches, or the seating area coffee table (collectively, the “Restricted Furniture”). Prohibited relocation of the Restricted Furniture will result in forfeiture of the entire Deposit and a $100 fine. The seating area in front of the fireplace and cocktail tables and chairs by the doors may be moved.

1. The microphone and remote must remain in the Clubhouse and be returned after your rental. Rental Party will be charged for the replacement of these items if they cannot be found after your rental.
2. Rental Party agrees not to disconnect any of the electric equipment, other than the table lamps, from the outlets.

Unauthorized Use/Tampering. Rental Party acknowledges and agrees that no unauthorized person or entity shall use, alter, or disturb District’s facilities, the Clubhouse, its equipment, or furniture without District’s prior written consent. Rental Party, including his or her family, guests, employees, invitees or third parties, shall not maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portion of District’s facilities, the Clubhouse, its equipment, or furniture. The District may refer violations of this paragraph to law enforcement for investigation and prosecution as permitted under Colorado law. District shall be entitled to apply the full Deposit or any portion thereof to costs for any damage that occurs in violation of this paragraph.

Condition of Clubhouse. A Rental checklist is to be completed by Rental Party. Rental Party is responsible for reporting any existing damage to the facility to District staff before their event begins on the provided checklist. Failure to report damage will result in Rental Party accepting responsibility for all existing damage. Rental Party agrees to complete the checklist given at the time of reservation. As soon as reasonable after the event, a District representative will conduct an inspection of the Clubhouse. By signing said checklist, Rental Party acknowledges receipt of checklist.

Payment and Deposit. Payment is due at the time of reservation. Rental Party agrees that if, in the sole judgment of District staff, District incurs costs to restore or repair the Clubhouse, to replace, restore, or repair any of District’s facilities, including the dumpster enclosure area, or the Clubhouse equipment or furniture to their pre­event condition, District shall be entitled to apply the full Deposit or any portion thereof to such costs and any fees or fines incurred. If the Deposit is insufficient to pay for the damages or clean up or both, Rental Party agrees to pay for all additional fines and costs. Rental Party further agrees that District may invoice Rental Party for any District charges for facilities furnished to Rental Party the exceed the the Deposit. Rental Party 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 (30^th) day following the date of the invoice until paid. Such unpaid amounts shall become part of the amounts due and owing by Rental Party to District and shall constitute a perpetual statutory lien against the real property owned within District’s boundaries by Rental Party (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 District. District shall refund the Deposit, or any remaining amount thereof, within thirty (30) days from the first business day immediately following the event, to Rental Party.

Alcoholic Beverages. Alcoholic beverages may be served as long as Rental Party abides by the following conditions:

1. No fee will be charged, either directly or indirectly (i.e., no cash bar) for the consumption of alcoholic beverages.
2. 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.
3. 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 Rental Party 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.
4. If any persons under the age of 21 attending the event, whether invited or uninvited, bring alcoholic beverages onto the Clubhouse premises, the Rental Party shall take action to have such beverages removed from the premises. If necessary, the Rental Party 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 Rental Party will ensure that there is at least one adult chaperone present at all times for every ten (10) people under 21 years old.
5. 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 Rental Party will take action to have such activities stopped, and if necessary, notify the police to seek assistance.
6. The Rental Party agrees to arrange alternate transportation for any attendee who is unable to safely and responsibly drive away from the event due to intoxication. The Rental Party 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.
7. The Rental Party 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 Rental Party’s failure to comply with the provisions of this Agreement.
8. The penalty for violating this Paragraph 10 is a $250 fine and a one-year suspension of the right to rent the Clubhouse from the date of the violation.

Smoking. The Clubhouse and pool areas are designated NON-SMOKING facilities, and this prohibition is strictly enforced by District staff and security personnel. Smoking is prohibited anywhere within the Clubhouse, within the fenced Pool areas, in the parking lot, on the playground, near the dumpster, or on the sidewalks adjacent to the Clubhouse except as otherwise designated as a smoking area. All nicotine or other smoking products are prohibited, including but not limited to, cigarettes, vaporizers, e-cigarettes, cigars, other smoking devices. Dumpster and trash bins on the Clubhouse property are only for trash, not for any type of above-referenced smoking implements/utensils. A designated smoking area and smoking trash receptacle is provided outside the front of the Clubhouse near the buffalo monument. The penalty for violating this provision is a $100 fine.

Use Restrictions. The Rental Party 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:

1. Excessive noise or misconduct shall be grounds for immediate revocation of the right to use the Clubhouse. 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.
2. 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.
3. City of Aurora fire codes mandate the legal capacity of the Clubhouse. Doors may not be blocked; a clear five-foot width pathway to ensure safe exit must be Special permission may be granted on a case-by­ case basis.
4. Children’s parties must have parent/adult supervision. This rule applies for any persons under the age of eighteen (18).
5. No weapons of any type and no fireworks are allowed in the Clubhouse or the immediate surrounding area.
6. The Rental Party 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 Clubhouse Deposit may be forfeited as the result of violating these provisions.

Parking. The Rental Party acknowledges that parking is available only on a first come, first served basis. Function guests may not park in areas 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.

Rental Party will furnish their own equipment and materials unless specifically listed on the application. Subject to prior agreement being made with District staff, Rental Party 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 Rental Party will be responsible for all cleaning, storage, and rental fees during the time premises are not vacant.

Loss. District does not provide security for personal property and is not liable for lost, stolen, or damaged personal effects of Rental Party or its guests.

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. Rental Party agrees that violation of any of the provisions stated herein or District’s rules and regulations may result in fines of up to $250 per violation, forfeiture of the entire Deposit or a portion thereof, or additional fees/fines, being billed to Rental Party, at the discretion of the Board or District staff. Rental Party agrees that forfeitures set forth in this Agreement represent a reasonable pre-estimate of the District’s administrative and enforcement costs, which the parties acknowledge would be difficult to determine at the time of entering the Agreement. Further, any such violation may preclude Rental Party from using District facilities in the future, in the discretion of the Board or District staff. District shall have all rights available under law and District’s governing documents for enforcement of the provisions of this paragraph.

Limitation of Liability and Indemnification. Rental Party 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. Rental Party releases and agrees to fully indemnify, hold harmless and defend District and its representatives from all liability resulting from Rental Party’s use of the Clubhouse and surrounding area, including liability for any attendee to Rental Party’s function. Rental Party agrees to save, indemnify, defend and hold harmless 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. Rental Party expressly acknowledges and agrees that the activities at the facility may be dangerous and involve risk or serious injury, death, or property damage and hereby assumes full responsibility for the risk of bodily injury, death or property damage resulting from the negligence of District or otherwise while in or upon District’s facilities or for any purpose while participating in the event which is the subject of this Agreement. Rental Party hereby releases, waives, discharges and covenants not to sue 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 Rental Party 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 Rental Party, or any person using the reserved facilities. Rental Party expressly agrees that this reservation, release and indemnification is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado, and further that if any part hereof is held invalid, the remainder of this paragraph and this Agreement shall continue in legal force and effect. This release does not cover claims arising out of the District’s own negligence.

Animals. No animals, except documented service animals for people with disabilities, are allowed in the Clubhouse.

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.

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.

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 District, its respective officials, employees, contractors, or agents, or any other person acting on behalf of District and, in particular, governmental immunity afforded or available to District pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S.

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.

Commercial Use Prohibited. Events of a commercial nature are not permitted at the Clubhouse. Rental Party is prohibited from utilizing the rental of the Clubhouse to make a profit. Events held at the Clubhouse are intended for personal, non-commercial use only (i.e., baby showers, receptions, graduation parties, etc.) and under no circumstances shall commercial activities be solicited or held at the Clubhouse. Rental Party shall not hold any vendor fairs or similar events for profit at the Clubhouse, hold any event at the Clubhouse in which products are sold, or hold any events at the Clubhouse where participants are charged to participate. The penalty for violating this Paragraph 24 is a $250 fine and a one-year suspension of the right to rent the Clubhouse from the date of the violation.

Subletting/Third Party Use Prohibited. Rental Party is prohibited from renting the Clubhouse or a portion of the Clubhouse to a third-party for any event. Rental Party must be present at the Clubhouse during the entire event to which this Agreement applies. The penalty for violating this Paragraph 25 is a $250 fine and a one-year suspension of the right to rent the Clubhouse from the date of the violation.

Repeat Violations. If, within a rolling 12 month period, Rental Party incurs a fine under any provision of this Agreement, a subsequent violation of any provision of this Agreement within that same 12-month period shall be considered a second violation subject to the following escalating penalties:

• Violation #2 = $250 fine
• Violation #3 = $500 fine and a 6-month suspension from renting the Clubhouse

THE OWNER OF THE PROPERTY LOCATED AT:

GIVE PERMISSION FOR RENTAL PARTY TO USE THE CLUBHOUSE AND UNDERSTAND THAT  ANY DAMAGES, LIABILITIES, ETC. ARE ULTIMATELY MY RESPONSIBILITY.