HADLEY FARMS COMMUNITY ASSOCIATION, INC.

Clubhouse Use and

Rental Agreement

CLUBHOUSE USE AND RENTAL AGREEMENT

DEFINITIONS...... 3

COMMUNITY CENTER BUILDING USAGE RULES………………………………………..3

CLUBHOUSE RENTAL PROCEDURES...... 5

  1. Availability...... 5
  2. Applications...... 5
  3. Using the Room(s) ...... 6
  4. Clean-up, Inspection, and Return of Security Deposit...... 6

Appendix A: CLUBHOUSE ROOM RENTAL RULES ...... 7

  1. Ramifications...... 7
  2. User Rights...... 7
  3. Agreement Statement...... 8

Appendix B:CLUBHOUSE INSPECTION CHECKLIST...... 9

Appendix C: CLUBHOUSE ROOM RENTAL RATES...... 10

Appendix D: ROOM RENTAL APPLICATION...... 11

Appendix E: ADDITIONAL REGULATIONS THAT APPLY TO YOUTH GROUPS RENTING THE 2ND FLOOR MEETING ROOM. 12

DEFINITIONS

  1. “Community Center”-Includes the building structure at 7420 Hadley Farms Drive, and the surrounding community’s common land areas.
  1. “CommunityCenterBuilding”- Includes the two large rooms in the structure, coatroom, the two rest rooms and kitchen. The structure does NOT include the supply closet in the ladies’ room, the community office, lower level of the building or the pool facilities.
  1. “User”- The User must be a Hadley Farms Community Association, Inc. (HFCA) homeowner. All homeowners must be in “good standing” with the Association.
  1. “Non-User”-The Non-User shall be a Hadley Farms Community Association, Inc. resident such as a tenant, guest or reside outside of the Hadley Farms Community Association, Inc. community and shall rent the community center for a social or non-business event. A Non-User must be sponsored by a Hadley Farms Community Association, Inc. homeowner prior to rental.
  1. “Business-User”-The Non-User hereinafter referred to as “User” shall include a business or not-for-profit business that has received prior written authorized by the Board of Directors or a homeowner within Hadley Farms Community Association, business or not-for profit business that is sponsored by a Hadley Farms Community Association, Inc. homeowner.

COMMUNITYCENTERBUILDING USAGE RULES

  1. The Community Center Buildingis for the use and convenience of Owners, pre-authorized/sponsored businesses, not-for-profit businesses, and their invited guests only. The Unit Owner (User) renting the Clubhouse must be in attendance during the entire function.
  1. Any Hadley Farms Community Association, Inc. who sponsors a Non-User is does so with the understanding that the homeowner will be held liable for any costs incurred from damage to the premises, overages in hours for the rental, excessive cleaning costs and the like.
  1. The Community Center Building is available to be rented Sunday – Thursday from 9:00 a.m. – 10:30 p.m., Friday-Saturday from 9:00 a.m. – 12:00 a.m. or any part thereof. Exceptions may be made with the prior written authorization of the Board of Directors.
  1. By order of Montgomery County Fire Codes, the building is limited to a maximum of 125 people.
  1. Smoking is strictly prohibited ANYWHERE in the Community Center Building.
  1. User shall not use these premises for any unlawful purpose, and shall not make or permit to be made any disturbing noises, or do, or permit any act that will unreasonably interfere with the rights, comforts or convenience of other residents.
  1. All functions are to be confined to the designated area. This includes the two large rooms in the structure, coatroom, the two rest rooms and kitchen. The structure does NOT include the supply closet in the ladies’ room, the community office, lower level of the building or the pool facilities.
  1. The use of alcoholic beverages shall be in accordance with the state and local ABC (Alcoholic Beverage Control) laws. Alcohol beverages and tobacco products must not be sold on the premises. All users must comply with all governing drinking age laws and requirements. No alcohol is permitted at any event attended primarily by underage individuals.
  1. The User agrees to assume responsibility for any damage to the building, furniture or equipment.
  1. The Managing Agent and/or Board of Directors is to have free access to the function room at all times and the User agrees that should the Managing Agent and/or Board of Directors deem the use or action of occupants undesirable for any reason whatsoever, that the User and all occupants will vacate the room immediately. If Managing Agent or Board of Directors deem the use or action of occupants undesirable and the occupants are requested to leave, the renter shall forfeit any remaining hours.
  1. User agrees not to use the fireplace during any rental.
  1. Hadley Farms Community Association, Inc. will not be responsible for the loss of any personal effects, dishes, equipment or food, and anything left after any party will be considered abandoned and disposed of by the management. Users cannot store any items in the Clubhouseovernight.
  1. The Association shall designate, at no additional cost to the User one half (1/2) hour prior to the event for set up and one half (1/2) hour after the event for cleanup.
  1. The User agrees to remove all personal property immediately after the party, such as dishes, food, bottles, paper, decorations, and trash of any description.
  1. All Users agree to indemnify and hold harmless the Hadley Farms Community Association, Inc. from all losses, liability, damages, and expenses (including attorney’s fees) resulting from any injury or damage in any way associated with using the facilities.
  1. All money, which is paid to the designated Managing Agent for Hadley Farms Community Association, Inc. must be in the form of PERSONAL OR BANK CHECK and made payable to the Hadley Farms Community Association, Inc.
  1. The Clubhouse has been cleaned for your function and it must be returned in the same condition. Clean up includes the main level of the Clubhouse, men’s and ladies’ rooms, kitchen (wiping down the counters, appliances), removing all trash/debris and disposing it in the dumpster located in the upper level of the parking lot.
  1. No decorations are to be hung on the walls. No tacks, tape or nails!
  1. No cooking is allowed in the kitchen, but re-heating of food is allowed.
  1. No candles are allowed – per order of the MONTGOMERY COUNTY FIRE DEPARTMENT Rules and Regulations.
  1. Pets are prohibited except for service dog(s).
  1. The pool areas are always off limits!!! Users who do not abide by this rule will forfeit their security deposit and possibly any future use of theCommunityCenterBuilding.
  1. All children less than 18 years old must be accompanied by an adult. All Users must maintain an adult-to-child ratio of 1 adult for every 8 children
  1. Excessive noise that disturbs surrounding neighbors is not permitted. Users will be charged as per Appendix B for excessive noise if either: the police charge a clubhouse user for disturbing the peace, or at least two (2) homeowners submit written noise complaints to the Managing Agent or the Board of Directors within 48 hours of the rental.
  1. Any illegal activities are prohibited on community common areas / property.
  1. All Users agree to comply with the rules and regulations promulgated by the Board of Directors as set forth herein or as modified from time-to-time and displayed in public view within the Clubhouse. In addition, all Users will comply with the Rules of Use as listed in Appendix B of this document.
  1. The Managing Agent, at his/her discretion, may terminate the rental function at any time if he/she believes the activitiesof the User or User’s guests,invitees, employees, agents, or licensees are in violation of the Rental Agreement, HFCA, County, City ordinances, or if the activities put the Clubhouse, property, HFCA, or any persons at unusual risk, or if the law enforcement official requests termination. In such instances, no portion of the rental fee will be refunded and the security deposit will be held pending an investigation and decision by the HFCA Board of Directors as to the appropriate penalty.

COMMUNITYCENTERBUILDING RENTAL PROCEDURES

A.Availability

The Clubhouse Room(s) can be rented by the following people for personal resident use such as private parties.

  1. HFCA members – Homeowners Hadley Farms Community Association, Inc. who are current in their assessments.
  1. HFCA Renters – Persons who live in the Hadley Farms Community Association, Inc. and rent from members who are current in their assessments.
  1. Commercial users – Users who are neither HFCA Homeowners nor HFCA Renters. Business or not-for-profit business that has received prior written authorized by the Board of Directors or a person, renter or tenant within Hadley Farms Community Association, Inc. business or not-for profit business that is sponsored by a Hadley Farms Community Association, Inc. homeowner.

B.Applications

  1. Applications for renting the Community Center Building can be obtained from the Managing Agentor downloaded from the Association’s website. Appendix D is the rental application.
  1. Completed applications must be submitted to the Managing Agent at least two (2) weeks before the scheduled activity. Users must include a check with the completed application to cover all costs including rental fees and security deposit. The check should be made payable to “Hadley Farms Community Association, Inc. This requirement may be waived upon request at the Manager’s discretion. Any application made less than eight (8) days prior to the scheduled activity must be paid by cashier’s check or certified check.
  1. Security Deposit, $50.00 reservation fee must be submitted in before the reservation will be scheduled.
  1. The Board, its committees, its sub-association boards, and their committees are not required to submit a written application when utilizing the facility for an Association sponsored activity. The President (or Chairperson) of these groups can contact the Managing Agent or other responsible as designated by the Board of Directors to schedule the room (s) usage at the Community Center Building. These groups will not be charged for using the Clubhouse.
  1. The Board, its committees, its sub-association boards, and their committees may schedule their recurring meetings for a calendar year. Note: In case of a conflict, prescheduled Association activities have priority over private events.
  1. After receiving a completed application, the Managing Agent or responsible party designated by the Board of Directors will schedule the facilities. If the application is approved, the the Managing Agent or responsible party designated by the Board of Directors will confirm the reservations within 48 hours of receiving the application and will also schedule a building inspector to inspect the room(s) before and after the activity.
  1. Cancellations made within seven (7) calendar days of the activity are subject to the cancellation fee listed in Appendix C.

C.Using the Room(s)

All Users must review the Community Center Building Inspection Checklist with the HFCA representative before using the facilities to ensure that the room(s) is in good condition. If an HFCA member is sponsoring a non-HFCA rental, the HFCA member must be present for the duration of the event including the pre and post inspections. Users should report any discrepancies immediately to the HFCA representative.

D.Cleanup, Inspection, and Return of Security Deposit

  1. Users are responsible for cleaning the room(s) immediately after their activity. Users are also responsible for complying with all items listed on the Community Center Building Inspection Checklist (See Appendix B).
  1. The HFCA representative will inspect the room(s) prior to the event. Both the representative and the User will sign the Pre-Event Checklist prior to the rental period.
  1. The HFCA representative will inspect the room(s) following the event. The inspector will ensure that the user has complied with all items on the Checklist. Both the representative and the User will sign the Compliance Checklist at the conclusion of the rental period.
  1. Users not complying with the Community Center Building Inspection Checklist will be subject to special usage fees as indicated on the Checklist. These fees will be deducted from the security deposit.
  1. If a User fails to clean the center after an activity, the User will incur additional cleaning costs that will be deducted from the user’s security deposit.
  1. Any damage to the facilities, its furnishings, fixtures, or surrounding grounds shall be deemed a violation of this policy. Only persons authorized by the Board of Directors shall make repairs to the facilities. All repair costs resulting from an activity will be deducted from the security deposit.
  1. If the additional charges described in this section exceed the security deposit, the User will be charged an additional assessment to cover the difference. The assessment will be due and payable upon notification. The Association shall have the right to place such assessment as a continuing lien against the member’s property.
  1. If the User is an HFCA member and any additional assessment remains unpaid after 30 days, the remaining assessment will be placed as a charge on the member’s account.
  2. If the User is not an HFCA member but has a sponsor, the User will be billed for the additional assessment and the sponsor will be notified. If the additional assessment remains unpaid after 30 days, the remaining assessment will be placed as a charge on the sponsor’s account.
  1. Refundable deposits will be returned within thirty (30) business days after the activity.

The Hadley Farms Community Association Board of Directors may amend this policy according to the Association’s governing laws.

Board of Directors, President:______Effective Date:______

APPENDIX A: CLUBHOUSE ROOM RENTAL RULES

  1. An individual whose name appears on the Rental Agreement as the “User” shall be present for the duration of the event including the pre and post inspections.
  1. All furniture must be arranged to its original order.
  1. All trash must be collected, bagged and placed inside the dumpster located at the upper end of the parking lot.
  1. Floors, tiles and rugs must be vacuumed.
  1. The bathrooms shall be left in their original condition.
  1. All lights, including those in restroom, shall be turned off.
  1. All doors and windows must be closed and locked.
  1. Smoking is prohibited inside the building.
  1. The pool and deck areas are off limits at all times.
  1. The Community Center Building rental policy is incorporated herein by reference and all provisions of said policy shall be adhered to by the User.
  1. The Community Center Building Inspection Checklist shall be used as a basis for additional fee(s) charged to the User when the User is found to be in non-compliance with the above rules.
  1. Ramifications

Any areas, internal or external, in need of repair as a result of the User’s usage will be repaired at the expense of the User. Any charge incurred to affect these repairs or otherwise address non-compliance with the above rules shall be collected by any of the following means:

  1. Deduction from security deposit;
  2. Collected from the User;
  3. Billed against the User’s annual Association dues paid to the Lakelands Hadley Farms Community Association, Inc;
  4. Montgomery County small claims court or higher court, if necessary.
  1. User Rights
  1. All User shall be entitled to review the Community Center Building Inspection Checklist (Appendix B) before assuming responsibility for the Rental areas.
  2. All User shall be entitled to review the Community Center Building Rental Policy (this document) before using the room(s).
  1. Agreement Statement
  1. This agreement shall constitute the entire agreement between the parties hereto, and no variance or modification thereof shall be valid or enforceable except by written supplement addendum executed and approved by the Board of Directors of the HFCA.
  1. This agreement between the User and the association regarding the subject matter stated herein supersedes all prior oral and written agreements, negotiations, understandings, and communications regarding such matters.

Appendix B: CLUBHOUSE INSPECTION CHECKLIST

Pre-Event / Rule / Compliance / Non-Compliance Fee
NO / YES / All floors (wood, carpet or tile) vacuumed and free from any foreign matter, to include trash and stains from spills. / NO / YES / $25
NO / YES / All furniture returned to the original configuration. / NO / YES / $15
NO / YES / Walls, windows, ceiling and pictures free from any foreign matter. Event materials removed. / NO / YES / $15
NO / YES / Kitchen clean, refrigerator empty and event materials removed. / NO / YES / $25
NO / YES / All toilets flushed, bathroom counters are clean and all trash removed. / NO / YES / $25
NO / YES / All additional chairs and tables are clean, folded and returned to the proper place. / NO / YES / $50
NO / YES / All trash has been collected and placed in the containers at the trash corral. Bags on the ground are unacceptable / NO / YES / $50
NO / YES / No access to the pool area and /or deck. / NO / YES / Loss of security deposit
NO / YES / No smoking in the building. / NO / YES / Loss of security deposit
NO / YES / Renter, guest, employees used rented room only. Lower level/Office may not be used. / NO / YES / $50 per hour per room
NO / YES / All event materials have been removed from the exterior of the building / NO / YES / $25
NO / YES / Person responsible for renting the room must complete checklist before and after room usage. / NO / YES / $25
NO / YES / Usage of the fireplace / NO / YES / $100
NO / YES / Police called for disturbing peace, criminal activity or receipt of noise complaint from two (2) residents. / NO / YES / Loss of security deposit and restriction for future rentals

Any renter not complying with the rules and regulations set forth in the Use and Rental Agreement may be assesseda portion of the non-compliance fee per listed above. If the cost of resolving the issue (e.g. cleaning carpet, repairs, etc.) is higher that than the fee listed, the higher fee will be charged back to the renter. The fee will be deducted from the security deposit.