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Community Center and Haney Park Facilities Use Agreement
COMMUNITY CENTER AND HANEY PARK
FACILITIES USE AGREEMENT

Roxborough Park Community Center
6237 Roxborough Drive
Roxborough, CO 80125
(303)979-7860
admin@roxboroughparkco.com
PURPOSE: This document establishes the terms, conditions and responsibilities governing the reservation and use of the Roxborough Park Foundation Community Center and Haney Park facilities. These facilities are to be maintained to a high standard and excellent condition at all times.

AUTHORITY TO MANAGE: The Roxborough Park Foundation Board of Directors has delegated to the General Manager of the Foundation the authority to manage these facilities in accordance with the Foundation’s governing and operating documents. The General Manager has the authority to change the process for making reservations and for ensuring compliance with the terms and conditions for using these facilities.

USER ELIGIBILITY: These facilities are for the use of Foundation Owners and their invited guests. Owners must be current in the payment of assessments and/or fines levied to their account and otherwise in good standing to reserve these facilities.

APPROVED USE OF FACILITIES: Any request for space to be held for a specific day and time requires an advanced reservation. If a requested facility is not in use or reserved, same day requests for use during regular business hours may be permitted. Owners may reserve these facilities for private social events, meetings and group activities, etc. Reserving any facility for commercial purposes is strictly prohibited. The General Manager has the discretion to decline a Facilities Use request if, in his/her opinion, such use is not in keeping with the activities for which the Community Center was intended.

HOURS OF OPERATION:  All facilities are available from 7:30AM until 10:00PM Monday through Thursday, and 7:30AM until 12:00AM on Friday, Saturday and Sunday.

DATES NOT AVAILABLE: Facilities are NOT available for events on the following holidays: New Year’s Eve, New Year’s Day, Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day, except Foundation-sponsored events as approved by the General Manager.

FACILITIES AVAILABLE FOR RESERVATION:
  1. The Community Center has four areas available for use:
    1. The Dakota Room maximum occupancy 95 people. It includes a full kitchen facility, audio/visual equipment including an overhead projector, DVD player and microphones/lapel mics. The A/V system can be connected to phones, iPads and laptops for audio or projector use.
    2. The Fountain Roommaximum occupancy 90 people. It includes a full kitchen and a view of Jackson Rock to the west.
The Dakota Room and the Fountain Room may be reserved separately or as a Combined Room with a maximum occupancy of 180 people.
    1. The Board Room will seat up to 8 people. It has a speaker phone and a 42” flat-screen TV/monitor (no TV service) with media hook-up.
    2. The Lower Level has bamboo flooring and is suitable for exercise classes, dancing and other casual functions. Maximum occupancy is 35 people. Audio/visual equipment is not available.

The Foyer of the Community Center may be used for larger events that incorporate the use of the Combined Rooms or the whole facility. Such use of the Foyer shall not prevent Foundation members from accessing the Foundation Office during regular business hours.

Tables & Chairs:
  • 4 x 4ft round tables with 12 chairs
  • 10 x 5ft round tables
  • 10 x 8ft rectangle tables
  • 5 x 6ft rectangle tables
  • 100 x black chairs
  • 50 x white folding chairs (stored in the Lower Level and must be returned if used in the Combined Room)
 
  1. Haney Park has two Picnic Shelters. Each Shelter has two picnic tables and a gas barbeque grill. Both Shelters are available for reservation at no charge. Haney Park also incorporates a small children’s play area, sand volleyball court (ball is not provided), horseshoe pit and basketball hoop, all of which are available on a first-come, first-served basis.

WI-FI AVAILABILITY: Both the Community Center and Haney Park have free Wi-Fi and can be accessed via any of the “RPFGuest” logins. Please enquire at the Foundation Office for the current password.

PARKING:  Owners and guests must park in designated parking spaces only. There are 44 parking spaces next to the Community Center. Parking is prohibited in fire lanes, along curbsides and along the road leading to the Community Center. Overflow parking is available in the areas adjacent to the Maintenance Facility, to the south-east of the Community Center which will accommodate a further 35 vehicles approximately.

RESERVATION PROCESS:
    1. Reservations are subject to an Order of Priority, Security Deposit and Service Fees as applicable and as specified in Exhibit A “Priorities for Use and Fee Schedule”.
 
    1. For Owner reservations, each Owner may use the Community Center facility for up to 4 hours per year free of service fees. After the initial 4 hours, a service fee per level, will be charged as specified in the Exhibit A "Priorities for Use and Fee Schedule".  There is no charge for using Haney Park.
 
    1. Documents, access to the Community Center calendar, and facility information can be found on the Community Center Facilities page of the Foundation website at  http://www.roxboroughparkco.com/page/21453~361294/Community-Center-Facilities. You must be a homeowner registered on the website and signed in to access this page. All information and forms are also available at the Foundation Office.
 
    1. Reservations must be made in writing through the Foundation Office following completion of the Facilities Use Agreement and where applicable, submission of the deposit check and service fee check. Deposit and Service Fee amounts are detailed in Exhibit A. Checks shall be made payable to Roxborough Park Foundation and will be deposited immediately.
 
    1. Reservations are not considered confirmed until all paperwork and usage fees have been submitted to the Foundation Office and subsequently approved. The reservation will then be recorded on the Community Center Calendar.

TERMS AND CONDITIONS:
  1. For events consisting of groups of more than 25 people, the Owner must supply adequate proof of insurance
– either by way of a copy of the declaration page of their homeowner’s or umbrella insurance policy or a separately purchased policy – providing general liability coverage for the Owner with limits of not less than
$1,000,000. Such policy shall be current with an expiration date after the date of the event. Failure to provide such proof of insurance at least one week prior to the event may result in the cancellation of this Facilities  Use Agreement.
 
  1. For any event where alcoholic beverages will be served:
    1. The Owner shall comply with all federal, state and local laws governing the consumption of alcoholic beverages. No alcohol may be sold or served to anyone under the age of 21.
    2. In addition to proof of insurance as detailed in 1. above, the Owner must also provide proof of Host Liquor Liability coverage on their homeowner’s or umbrella policy, or by way of a separately purchased policy. Failure to provide such proof of insurance at least one week prior to the event may result in the cancellation of this Facilities Use Agreement.
    3. If the services of an outside caterer are utilized for this event, in addition to a copy of the caterer’s proof of liability insurance, a copy of the caterer’s liquor license must be provided. Failure to provide
 
such proof of insurance at least one week prior to the event may result in the cancellation of this Facilities Use Agreement.
    1. The Owner agrees to indemnify and hold harmless Roxborough Park Foundation, its members, directors, agents, employees and volunteers from any claim or liability asserted against them resulting from property damage or personal injury incurred in connection with the use of serving of alcoholic beverages at the event.
 
  1. Within 72 hours prior to the event and during normal Foundation Office business hours:
    1. The Owner shall collect keys, instructions for facility access, operation of the alarm card key system and instructions for use of the A/V system if applicable. There will be a $25.00 charge for any card key not returned to the Foundation Office.
    2. The Owner shall inspect all facilities to be utilized during the event and reference any damage on a “Before Event” check sheet provided by the Foundation. This checklist will indicate any existing damage within the facilities previously recorded by the Foundation. The Owner shall be liable for any damage to facilities noted by the Foundation after the conclusion of the event, which was not recorded on the checklist either by the Foundation or Owner prior to the event.
 
  1. Cancellation of a scheduled event within two weeks of the event will result in the forfeiture of $100.00 of the security deposit.
 
  1. Roxborough Park Foundation and its employees are not responsible and assume no liability for personal items left in the Community Center by the Owner or any guests. This includes personal items left overnight when an event is held over more than one day.
 
  1. It is the responsibility of the Owner to be present at all times during the event (and for all catering deliveries and pick-up), protect the property from damage, ensure that they and their guests behave in a courteous and orderly manner and leave the facilities in the same clean and tidy condition in which they were found.
 
  1. Children under the age of 13 may not be left unattended in the Community Center at any time.
 
  1. Smoking is strictly prohibited in the Community Center and within 15 feet of any entrance. Smoking is allowed in designated areas of Haney Park.
 
  1. Tables, chairs and any other Foundation furniture and/or equipment may not be moved in order to be utilized outdoors. Foyer or Board Room furniture may not be moved to other areas of the Community Center.
 
  1. The fireplace in the Foyer uses natural gas and, if used, must be turned off before leaving.
  2. Only tabletop decorations are allowed and must be removed and properly disposed of immediately following the event. Staples, tack, tape, helium balloons and candles of any type are strictly prohibited.
 
  1. Gas grills, space heaters, deck heaters or special effects not provided by the Foundation are not allowed. Additional lighting devices may be allowed but only following prior approval from the Foundation Office.
 
  1. Music and noise must be kept to a reasonable level. Speakers are not allowed outside the Community Center.
 
  1. All trash must be picked up and removed from all Community Center rooms, bathrooms, kitchens and/or Haney Park and deposited in a trash compactor in the Recycle Center.
 
  1. All tables and chairs must be cleaned and placed back in the storerooms from which they came. The Fountain Room circular tables and chairs are to be placed back in their original setting.
 
  1. Carpet must be vacuumed following the event. Vacuum cleaners are located in the storerooms.
 
  1. The kitchen area(s) must be cleaned thoroughly including counters, sinks, stoves, microwave, oven, refrigerator and floors. All spills, food or tracked-in debris on any surface must be cleaned up. Only cleaning products furnished by the Foundation may be used and are provided at no extra charge.
 
  1. All personal property, supplies and equipment that have been brought into any of the facilities must be removed immediately following the event.
 
  1. If facilities utilized are not cleaned after use, or where use results in damage, the Board at its discretion may deny the Owner the right to reserve facilities for a future event.
 
  1. Security deposit funds will be returned to the Owner within 15 business days of the date the card key is returned to the Foundation Office and following completion – by the Owner and a Foundation representative
– of the “After Event” check sheet which should also specify that no damage has been sustained by any of the facilities used for the event. The Owner shall indemnify the Foundation for any damage sustained to its facilities and shall reimburse the Foundation for damages in excess of the amount of the security deposit. The Foundation will notify the Owner in writing of the amount of any such reimbursement within 10 business days of the event. The Owner shall remit reimbursement within 10 business days of receiving such notice.
Any amount due is collectible as an assessment as set forth in the Foundation’s Protective Covenants.
 
  1. The Owner agrees to indemnify, release and hold harmless Roxborough Park Foundation, its members, directors, agents, employees and volunteers from or against any claim, suit, demand, damages, judgment, expenses, court costs, attorney fees or causes of action relating to the Owner’s use of these facilities.
 
  1. In the event any action, suit or other proceeding is instituted to remedy, prevent, or obtain relief from a breach of this Facilities Use Agreement, the prevailing party shall recover all of such party’s attorney fees incurred in each and every such action, suit, or other proceeding, including any and all appeals or petitions.

By signing this Facilities Use Agreement, I hereby agree to abide by all sections, terms and conditions contained within this Agreement and to bear sole responsibility for ensuring compliance with them by my guests, licensees and invitees.
OWNER:                                                                                                                             
(Please print name)



(Signature)

DATE:                                                                            

Received for and on behalf of ROXBOROUGH PARK FOUNDATION
BY:                                                                                                                                        

TITLE:                                                                                                                                  

DATE:                                                                            

“NOTICE AND ADDENDUM” – NOTICE REGARDING THE REOPENING OF THE FOUNDATION’S COMMUNITY CENTER AND THE INCLUSION OF AN ADDENDUM TO THE FACILITIES USE AGREEMENT: JUNE 1, 2021.

At a meeting of the Roxborough Park Foundation Board of Directors on May 20, 2021, the Board discussed the circumstances behind which the Foundation could re-open the Community Center for the resumption of in- person meetings, class activities and hosted events. Subject to additional conditions of use and individual assumption of risk, the majority consensus of the Board was that a responsible reopening was appropriate.

At the heart of discussions was consideration of the following:
 
  1. A primary purpose of the Foundation, as stated  in the Roxborough  Park Foundation’s Articles of Association Article 5. (f) is “To promote, foster and advance the health, safety and welfare of the residents.”
  2. The Board of Directors recognizes that Covid-19 is still prevalent in society and can still be spread by infected individuals to others, but that the cumulative incidence rate of cases in Colorado and Douglas County is declining.
  3. A responsible reopening of the Community Center may come with additional guidelines and protocols for use, as appropriate, and would be subject to change at any time without notice, as conditions dictate.
  4. The Board of Directors’ intent is to broadly follow the requirements and guidelines put forth by the CDC and Colorado State for such matters including but not limited to mask wearing, social distancing and cleaning, etc., but stipulates that additional protocols may be established at its discretion.
  5. As of May 14, 2021, the State of Colorado Executive Order D2021 103 stated that:
    1. Fully vaccinated people can go without masks in public indoor spaces unless the setting requires otherwise.
    2. Unvaccinated people over age 11 are encouraged to continue wearing masks in all public indoor spaces.
    3. People who do not have to wear a mask, even if unvaccinated, include people who are 10 years old and younger and people who cannot medically tolerate a face covering.

General Entry to the Community Center - Notices
 
  1. Entry to the Community Center for access to administrative services provided by the Foundation Office, attendance of meetings and participation in organized classes and member-hosted events, is at the discretion of the attendee and at their own risk of exposure to Covid-19 and other communicable viruses and diseases.
  2. By entering and using the facilities, attendees agree to take all responsibility for their own health and the health of their children.
  3. The Foundation makes no assurance regarding the cleanliness and sanitation of the facilities.
  4. By using the facilities, attendees may become sick, contract the Covid-19 virus, or infect others.
  5. If attendees are ill or have any symptoms (fever, dry cough, body aches, chills, incontinence, shortness of breath), they may not access the facilities and may be asked to leave.

Entry to the Foundation Office
 
  1. Utilizing the principle of the honor system, fully vaccinated individuals need not wear a mask when visiting the Foundation Office.
  2. Partially vaccinated or un-vaccinated individuals are respectfully requested to wear masks when visiting the Foundation Office until they are fully vaccinated. Again, the honor system prevails.

Meetings of the Foundation Board, Committees and other RPF-sponsored entities
 
  1. Unless the organizing entity deems otherwise:
    1. Fully vaccinated individuals need not wear a mask when participating in any meeting or gathering.
      1. Proof of vaccination is not required.
    2. Partially or un-vaccinated individuals are encouraged to wear masks in all public indoor spaces until they are fully vaccinated.
  2. Because facilities are only cleaned on a weekly basis by an outside vendor, all entities utilizing Community Center facilities are asked to clean and disinfect frequently touched surfaces following the conclusion of their meeting with materials and cleaning agents provided by the Foundation.

Classes and Member-Hosted Events
 
  1. Unless the organizing entity deems otherwise:
    1. Fully vaccinated individuals need not wear a mask when participating in any meeting or gathering.
    2. Partially or un-vaccinated individuals are encouraged to wear masks in all public indoor spaces until they are fully vaccinated.
  2. Because facilities are only cleaned on a weekly basis by an outside vendor, all entities utilizing Community Center facilities are asked to clean and disinfect frequently touched surfaces both before and after the conclusion of their meeting with materials and cleaning agents provided by the Foundation.
  3. Due to the prospect for co-mingling between vaccinated and un-vaccinated attendees, whether masks are being worn or not, and the difficulty in maintaining social distancing between households, it is incumbent on the class organizer or host to inform all attendees of the inherent risks in attending their class or event and to remind them that their attendance is at their personal discretion and at their own risk.

The class organizer or event host assures the Foundation that the information and Notices contained in this Addendum have been read and understood and will be communicated to their guests and invitees prior to, or at the commencement of their attendance.

Class Organizer/Member Host:                                                                                                                 
(Please print name)



(Signature)



(Date)
Priorities for Use and Fee for the RFP Community Center/Meeting Room
Activity
 
Deposit Service  Fee
 
  1. Roxborough Park Foundation Board of Directors Activities, Committees and Subcommittees, RPF sub-Associations
                and Community Groups with RPF Sponsor (No fees or revenue generated
               from the Activity)  (i.e. Scouts, 4H, Windflowers, Chautauqua, PTA) 
 

None

None
 
  1. RPF Resident Social event request (i.e. weddings, birthdays, graduations and family reunions)

$600 - Events having 26 or more attendees

$250 – Event having 25 or fewer attendees

First 4 hours free, then $10.00 Per Hour.
 
  1. Revenue generating organization with a majority of RPF Resident’s and a Resident Sponsor(s) (i.e. Any classes or groups charging a fee to the participants)

None

$10.00 Per Hour
 
  1. Revenue generating organization with Resident Sponsor(s) for Classes that include a majority of members from outside of RPF (i.e. Any classes or groups charging a fee to the participants)

None

$25.00 Per Hour
 
  1. RPF resident request on behalf of an organization (i.e. non-profit groups, class reunions, company meetings and/ or events)

$600 - Events having 26 or more attendees

$250 – Event having 25 or fewer attendees
 

$25.00 Per Hour
  1. Outside organizations without a resident sponsor or applicant may not use the Community Center.

NA

NA

Please Circle applicable Use and Fee for event                                                Event Date:________________________


Deposit amount: _____________________      Payment Received:________________   Ck #_________________

Amount to be charged: _________________    Payment Received:________________   Ck #_________________

                       
Insurance Needed by:__________________________     Insurance Received______________________________

Key Card issued: _____________________________      Keycard Returned:______________________________



Owner Name and Signature____________________________________________