RENTAL OF COMMUNITY CENTER

relating to Rules and Regulations for the rental of the Community Center

WHEREAS, Article 4, Section 4.1 of the Bylaws states that "The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not required by the Act or the Association Documents to be exercised and done by the members;" and

WHEREAS, the Board deems it necessary and desirable to establish certain rules, procedures and guidelines for the use of the Association Community Center.

NOW, THEREFORE, BE IT RESOLVED THAT the following Rules and Regulations for the use of the Community Center be adopted:

I. ELIGIBLE USE

In general, the Martin’s Chase Homeowners Center shall be for the exclusive use of Association residents, their guests, builders and invitees, through programs sponsored by the Association, for duly constituted Association committees, and other groups as may be called together by the Association from time to time to participate in Association activities or to pursue Association business. Applicants for the use of the community center must be current members or residents of the Association who are current in their monthly dues and in good standing.

First priority for use of the center will be given to the official bodies of the Association, including the Boards of Directors, advisory committees or other Association sanctioned groups with regularly scheduled meetings and/or functions. Otherwise, scheduling of the center for approved events/ activities shall be on a first-come first-served basis through the Association managing agent.

At times which do not conflict or interfere with activities sponsored by the Association, the Community Center may be reserved for private use by any Association resident for the use of that resident and his or her guests and invitees so long as the reserving resident is in good standing, ("good standing" is defined as being current with respect to assessment payments owed to both the Associations and having no outstanding violation of the rules and regulations of the Association) and so long as the resident is in attendance during the reserved time for use of the center. The community center is not conducive to more than one meeting/function at a time; therefore no two events will be held simultaneously.

II. OCCUPANCY

No function will be permitted which exceeds maximum permitted occupancy limit of the Clubhouse

III. PRE-USE AND POST-USE INSPECTIONS

For all reserved uses of the center, except by the Association's Board of Directors, duly constituted Association committees, and designated Association sponsored activities, there will be a pre-use inspection of the center by the reserving resident and a designated representative of the Association, and all center defects within the space to be used will be noted on an inspection form.

Following the reserved use of the center, a post-use inspection of the center will be conducted by a designated representative of the Association to ascertain if any new damage has been sustained by the center as a result of the reserving resident's use of the center. The judgment of the Association's designated representative or the Association's managing agent in all decisions is final, with appeal to the Association's Board of Directors.

Association representatives authorized to conduct pre-use and post-use inspections shall include members of the Board of Directors, representatives of the Association's managing agent, or any such persons authorized by the Board of Directors to perform such inspections. See EXHIBIT A for a copy of this inspection form.

IV. LIMITS ON TIMES OF USE

All reserved use of the center must end, the center must be cleaned, and vacated no later than 11:00 PM Friday through Monday with the exception of events that have prior Board approval to stay later. The official permitted hours of reserved use may be changed by the Board of Directors from time to time by General Resolution duly adopted. In addition, the Board of Directors has the authority to extend the hours of availability for Association sponsored events. The normal hours of availability of the center for reserved use are listed below:

Sunday thru Thursday ..........................7:00 a.m. - 11:00 p.m. *
Friday and Saturday .............................7:00 a.m. - 12:00 p.m. (midnight)

The center must be cleaned and vacated by the Agreement holder(s) and their guests no later than 30 minutes after the designated end time of the reserved time period.

*Any resident wishing to have events past 11:00 p.m. must get prior approval and must provide security for such events. Proof of security must be given to Managing Agent prior to the scheduled event.

**The center may not be available for rental use during major recognized holidays, including but not limited to Independence Day, Labor Day, Memorial Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve, and New Years Day. Other special seasonal holidays (i.e. Halloween, etc.) are reserved for Association sponsored events if scheduled.

V. GENERAL CONDITIONS OF USE

Any Association resident wishing to reserve the center for private use shall contact the managing agent to check availability for the requested date and time at least two (2) weeks prior to the requested date. If the requested time slot is available, the managing agent will reserve the time slot and prepare and send an Association Community Center Rental Agreement (hereinafter "Agreement") application to the applicant to be completed, signed, and returned for approval. The Agreement is non-transferable. Such agreement shall be binding on the reserving resident (hereinafter "Agreement holder"). Only an Association resident may enter into such agreement with the Association. Conditions of use are detailed below:

1. Except where such fees are incidental to Association-sponsored activities, no admission fees nor any fund transfers which might be construed as admission fees whatsoever shall be collected for use of the center by the Agreement holder.
2. Any event or activity intended to be primarily attended by persons under 21 years of age shall be attended by a minimum of two chaperoning residents of the Association whose names and signatures will appear on the Association Community Center Rental Agreement application. Additional chaperons are required at a rate of one (1) adult chaperon per ten (10) youths attending the event, or any portion thereof. As indicated in the Rental application the individuals whose names appear on the rental application must be present for the duration of the event. Absolutely no alcohol is permitted at such events.
3. All Association chairs, tables, and equipment shall be returned to proper storage areas following each reserved use, and under no circumstances shall chairs, tables, or other equipment belonging to the Association be removed from the center.
4. If decorations, auxiliary lights, or sound equipment are contemplated for use during any reserved time, the Association's managing agent shall be notified three (3) days in advance. The managing agent reserves the right to conduct an inspection of the decorations or equipment to be used by a representative of the Loudoun County Fire Department or by a licensed electrician. A fee to cover the cost of such inspection shall be levied against the Agreement holder.
5. Absolutely no objects, such as nails, tacks, scotch tape, candles, or substances which cause permanent damage shall be placed on the walls, ceilings, or window surfaces. Any and all decorations shall be fireproof, and shall be removed entirely immediately following the reserved use of the center. Under no circumstances shall any group make any structural or electrical alterations to the center, except by written permission from the Association Board of Directors.
6. Paints, acids, and all other supplies and materials which present a clear damage potential are prohibited from the center during times of reserved use.
7. All refuse and personal property of the Applicant(s) and their guests and invitees shall be removed from the center immediately following the reserved use of the center.
8. Each Agreement holder shall be personally responsible for knowing the location of and proper use of the center's fire extinguishers.
9. A Loudoun County noise ordinance prohibits loud noise at any time, which might disturb the surrounding community, and the Agreement holder is required to adhere to the requirements of this ordinance.
10. The designated Association representative is permitted to attend all events/functions only in a manner to monitor compliance with the Agreement and Association rules and regulations.
11. The pool facility, bathhouse and fitness room are not included in the Rental Agreement. Any use of the pool facility in conjunction with the rental of the Community Center must conform with the Pool Rules and Regulations and approval by the Board of Directors.
12. Alcohol and smoking is prohibited.

See EXHIBIT B for a copy of the Rental Agreement form.

VI. FEES AND DEPOSITS

The Association reserves the right to review all requests for reserved use of the center and may deny any request if such use is deemed to put the center, its property, or guests as unusual risk, or if such use of the center is deemed to be contrary to the best interests of the Association.

A mandatory, non-refundable cleaning charge of $50 is required when keys to the facility are obtained by the homeowner. This fee is non-negotiable and will not be refunded with the exception of the cancellation of an event.

The Association, in its sole discretion, reserves the right to charge a fee of $100.00 to any party desiring to use the Community Center for any purpose other than that normally considered to be a primarily social purpose.

A $150 security deposit is required for Martin’s Chase homeowners and a $250 security deposit is required for Martin’s Chase tenants. The security deposit is required at the time of reservation.

Security deposits will be held by the Association's managing agent pending the post-use inspection results. Refund of a security deposit amount shall be made within ten (10) business days following the date of reserved use, provided the center premises, facilities, and equipment are left in satisfactory condition and no other Association rules or city ordinance have been violated.

1. CANCELLATIONS:

   If an event is cancelled, the agreement holder must contact the managing agent at least 24 hours prior to the scheduled dat.

2. HANDLING OF DEPOSITS IN THE EVENT OF DAMAGES/OTHER:

   The Association reserves the right to deduct from the security deposit an amount necessary to cover any costs of cleanup if warranted, and shall also deduct the costs of repairs or replacement of any property damaged during the use of the center. If the security deposit does not fully cover these costs, the Agreement holder shall be billed for the difference, and future use of any of the Association's facilities shall be denied until these costs are paid. Any Agreement holder using the center shall be responsible for any and all damages that occur due to its use of the center. The billed costs will be considered a special assessment and if not paid could result in a lien being placed against the Agreement holder's home.

   If the Agreement holder fails to comply with any and all stipulations of the Rental Agreement or the Agreement holder or any of his or her guests or invitees fails to comply with the Association's policies, rules and regulations or other legal document provisions or any applicable law the Association reserves the right to deduct any portion (or all) of the paid security deposit made by the Agreement holder. In addition, further use of the Association facilities may be denied for a period of time established by the Board of Directors.

   Where warranted, the Association's managing agent shall make final determinations on total fees required of the Agreement holder in cases of questions over the cancellation of a reserved use or any similar dispute related to fees owed by an Agreement holder. In such event, further scheduling of the center may be denied until all fees are paid.

VIII. LIABILITY

The Association, its trustees, agents, officers, and employees assume no responsibility for the personal property of anyone using the center during times of reserved use. The Agreement holder will remove all such property from the premises at the conclusion of the reserve use unless prior arrangements have been made with the managing agent of the designated Association representative.

The Agreement holder and all users of the center during a time of reserved use will be responsible for compliance and adherence to the Association's Declaration of Covenants and Bylaws, including all amendments thereto, the Rules and Regulations of the Association and all specifications of the Rental Agreement.

It is understood that the Agreement Holder agrees to indemnify the Association, its trustees, officers, agents and employees, and save them harmless from and against any and all liability, damage, expense, cause of action, suits, claims or judgments arising from injury to persons or property occurring in or about the premises and upon the adjoining sidewalks, streets or ways which may arise from the Association's ownership of the premises, from any action or omission of

IX. EXHIBITS

Subject to the approval of the Association's Board of Directors, the language of the Community Center Inspection form, and the Community Center Rental Agreement, change from time to time as needs warrant. These documents are attached to this resolution as Exhibit A, & B respectively, and are hereby incorporated as a part of this resolution. The Board may approve language changes to these exhibits by General Resolution duly adopted, provided that such changes do not alter the substantive provisions of this resolution.