SOUTH KENDALL COMMUNITY DEVELOPMENT DISTRICT

TUSCANY VILLAGE CLUB RULES AND REGULATIONS

Amended	2021

TABLE OF CONTENTS
Page

Membership	1
Members	1
Lessees	1
Annual Members	1
Corporate and Partnership Members	2
Immediate Family Members	2
Supplemental Members	2
Guests	2
Membership Cards	3
The Club Facilities	3
Supplemental Rules	3
The Clubhouse	3
Special Functions and Parties	3
Alcoholic Beverages	4
Smoking	4
Attire	4
Minors	4
Hours of Operation	4
General Rules	4
Advertisements and Pamphlets	4
Bikes and Skates	4
Club Employees	4
Pets	5
Parking Areas	5
Guns	5
Responsibility for Personal Property and Persons	5
Cars and Personal Property	5
Activities	5
Property Belonging to the Club	5
Indemnification of Club Owner and Club Manager	5
Attorneys’ Fees	6
Obligation to Pay Club Assessments and Dues	6
Grace Period and Late Fee	6
Bills and Coupon Books	6
Suspension	6
Violation of Club Rules	6
Basis For Suspension	6
Types of Suspension	6
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Pools	7
Presentation of Membership Cards	7
Risk of Use	7
Equipment and Towels	7
Hours of Use	7
Showers	7
Aqua Classes	7
Swimming Instructors	7
Restrictions	7
Attire	8
Radios and Compact Disk Players	8
Trash	8
Pets.  No pets are permitted in the pool area at any time	8
Exercise Room	8
Hours of Operation	8
Membership Cards	8
Equipment and Towels	8
Attire	8
Minors	8
Personal Trainers	8
Cancellation Policy	8
Authority to Promulgate and Amend Rules	8
Application of Rules and Regulations	9

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SOUTH KENDALL COMMUNITY DEVELOPMENT DISTRICT

TUSCANY VILLAGE CLUB RULES AND REGULATIONS

The rights and obligations of each user of Tuscany Village Club (the “Club”) are set forth in the Tuscany Village Club Plan, as amended and restated (the “Club Plan”), and in these Rules and Regulations. All initially capitalized terms shall have the meanings set forth in the Club Plan.

Membership.

Members. Every Owner (other than an Owner who has leased his Home to a Lessee) and every Lessee shall be a Member; provided, however, for the purposes of Membership, there shall be only one Owner or Lessee per Home. A person shall continue to be a Member until he or she ceases to be an Owner, or ceases to be a Lessee legally entitled to possession of a rental Home. Once an Owner leases a Home, only the Lessee shall be entitled to exercise the privileges of a Member with respect to such Home; however, the Owner and Lessee shall be jointly and severally liable for all Club fees and charges.

Lessees. If there is more than one (1) Lessee of a Home, only one (1) of the persons occupying the Home shall be considered a Member. A Lessee may not exercise his or her rights as a Member until such Lessee’s lease of a Home has been submitted to Club Manager. An Owner who has leased his or her Home remains liable for Club Assessments but will not have membership rights at any time his or her Home is leased. A Lessee, for purposes of these Rules and Regulations, shall be a person who has obtained th prior approval of the Tuscany Village Homeowners Association, Inc., to lease a Home within the boundaries of the District pursuant to the rules, regulations, or covenants of said Association entity.

Application. Each Lessee must submit an application to Club Manager along with a copy of his or her lease, and Lease Certificate of Approval from the neighborhood community and obtain a membership card (“Membership Card”) before his or her membership rights will be recognized. Each Lessee shall notify the Club of any changes in the terms of such lease.

Administrative Charges. The District may, from time to time, establish the amount to be charged for processing of the application of a Lessee to exercise his or her membership rights.

Expiration of Lease. A Lessee’s status as a Member will terminate upon the earlier of the expiration of the lease or termination of Lessee’s rights of occupancy under such lease. It shall be the Owner’s obligation to notify Club Manager in writing of the expiration or termination of a lease.

Annual Members. Annual Memberships shall run from the date of acceptance of an application for membership by Club Manager until the end of the Club fiscal year, September 30. Annual Membership renewals shall run from the beginning of the renewal Club fiscal year, October 1, to September 30 of the succeeding year. Annual Dues shall be payable

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by the Annual Member in advance of the Club fiscal year, which shall be prorated for applications accepted during the initial fiscal year.

Corporate and Partnership Members. When a Member or Annual Member is a corporation, partnership or other legal entity (“Entity”), the Entity must notify the Club Manager in writing of the person to be designated to exercise the rights of the Entity with respect to the membership (“Designee”). Only one (1) of those persons will be considered Members.

Application. The Designee must submit an application to Club Manager and obtain a Membership Card before his or her membership rights will be recognized.

Administrative Charges. Club Manager may, from time to time, establish the amount to be charged for processing of the application of a Designee to exercise his or her membership rights.

Immediate Family Members. Immediate Family Members shall mean the spouse of the Member or Annual Member, and all unmarried children of either under the age of twenty-one (21) years of age. If a Member or Annual Member is unmarried, he or she may designate one person who is living with such Member or Annual Member as an adult Immediate Family Member. By way of example, if a Member is single and her twelve year old daughter and her mother live with such Member in her Home, the Member may designate her mother as Immediate Family Members. If a Member is single and lives with his father and mother in a Home, the Member may designate his father as an Immediate Family Member, and his mother as a Supplemental Member (hereinafter defined) (upon payment of all applicable fees). Notwithstanding the foregoing, a minor or person shall not qualify as an Immediate Family Member unless such person is living with the Member or Annual Member. Notwithstanding the foregoing, a minor who only lives with an adult parent Member during part of the year as a result of divorce, service in the Armed Services or who is pursuing educational opportunities at an institution of higher learning shall be deemed an Immediate Family Member. No person may claim the status of Immediate Family Member until designated by the Member or Annual Member in writing to Club Manager.

Supplemental Members. A Member or Annual Member may have persons other than Immediate Family Members living with such Member or Annual Member designated as a supplemental member (“Supplemental Member”). A Supplemental Member may be designated by the payment of an annual fee to Club Owner.

Guests. A person shall be deemed a guest (“Guest”) if he or she enters the Club Facilities at the invitation of a Member, Annual Member, Immediate Family Member or Supplemental Member or the Club Owner. Upon application to the Club Manager, each Member and each Annual Member shall be entitled to receive, at no additional fee or charge, ten (10) non- transferable guest passes for each calendar month (“Monthly Guest Pass”). Additional Monthly Guest Passes may be purchased by the Member or Annual Member at the rate set forth in the Club Dues, and Fee Schedule. All other Guests must purchase a guest pass (“Guest Pass”) and sign a waiver form before using the Club Facilities. All Guests must be  een (18) years of age or older. Only Guests holding a Caregiver Pass (hereinafter defined) or Guest Pass may access the Club Facilities without being accompanied by a Member, Annual  Member,  Immediate Family
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Member or a Supplemental Member. All other Guests must be accompanied when using the Club Facilities. A Guest Pass is nontransferable. GUEST PRIVILEGES FOR A GUEST MAY BE CHANGED AT ANY TIME BY THE CLUB MANAGER.

Caregiver Pass. A caregiver or other person who provides care to a Member, Annual Member, Immediate Family Member or Supplemental Member while within the Club Facilities is deemed to be a Guest. A Member must obtain a caregiver pass (“Caregiver Pass”) for household staff for use of the Club Facilities. Only one Caregiver Pass is permitted per household. Persons utilizing such Caregiver Passes are not permitted to utilize the Club Facilities other than to accompany the persons under their care. The Club Manager shall set the cost of such a Caregiver Pass. The Caregiver Pass is non-transferable.

Guest Passes. Monthly Guest Passes and Guest Passes give Guests access to the Club Facilities. Monthly Guest Passes and Guest Passes may be purchased at the Club Manager’s office. A person may be a Guest for no more than thirty (30) days in a calendar year.

Membership Cards. A Membership Card shall be issued to each Member, Annual Member, Supplemental Member and Immediate Family Member who is eighteen (18) years of age or older.

Requirement to Present Card. Membership Cards and Guest Passes must be presented when requested for use of the Club Facilities.

Transfer of Membership Cards. Membership Cards are not transferable. A Membership Card may not be used by any person other than the person to whom it is issued. Membership Cards are the property of the Club.

Lost Cards. You must immediately notify the Club in writing of a lost or stolen Membership Card. The replacement fee for a Membership Card shall be established from time to time by Club Owner. If an unauthorized person uses the Membership Card, the Member or Annual Member shall be liable for any loss, damage, or expense resulting from such unauthorized use.

The Club Facilities.

Supplemental Rules. Before using the various Club Facilities, users should inquire about supplemental Rules and Regulations. For example, Club Manager may promulgate supplemental or additional rules respecting the pools and the fitness center from time to time. The Club Manager shall have reasonable discretion to police the Club Facilities to maintain proper order and the safe and healthy use of the Club Facilities.

The Clubhouse. The Clubhouse shall be open on the days and during the hours established by Club Owner, provided the Club Manager shall have reasonable discretion to temporarily vary such hours as necessary from time to time.

Special Functions and Parties. Certain Club Facilities may be rented by Members  for  private  functions,  subject  to  availability,  only  with  the  prior  consent  of Club

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Manager, upon execution of the Faculty Rental Agreement and upon payment of all applicable fees, deposits and costs therefor. The Renter of the private party shall be responsible for any damage to the Club Facilities and for the payment of any additional charges as a result of the private party.

Alcoholic Beverages. Under no circumstances shall alcohol be consumed or provided in the Club Facility including the Pool Area.

Smoking. Smoking, including cigar, pipe smoking, and electronic cigarettes (i.e. vaping) is not permitted within any of the Club Facilities including, but not limited to, the outdoor Pool Areas.

Attire. Shirts and shoes must be worn at all times when on the Club Facilities, except in the pools and adjacent patio areas.

Minors. Minors, any person under age of eighteen (18), are permitted to use the Club Facilities (other than the fitness center) with adult supervision ONLY. Any person under the age of eighteen (18) and not younger than sixteen (16) years of age may use the fitness center with adult supervision if such minor’s parent or legal guardian releases Club Owner from liability for such use pursuant to execution of a consent form provided by Club Owner from time to time; provided, however, parents are responsible for the actions and safety of such minors and any damages to the equipment in the fitness center caused by such minors. Minors under sixteen (16) years of age are not permitted to use the fitness center. Notwithstanding the foregoing, if minors use the Club Facilities without the proper execution of a consent form or without adult supervision, Club Owner is not liable for the actions of such minors.

Hours of Operation. The Club Owner shall set the scheduled hours of operation for the Club Facilities. The Club Manager shall have reasonable discretion to temporarily vary such hours as necessary from time to time. No person shall be permitted to use the Club Facilities other than during such hours of operation.

General Rules.

Advertisements and Pamphlets. Commercial advertisements, private announcements, pamphlets, and solicitations shall not be posted or circulated in the Club without the prior written approval of Club Manager.

Bikes and Skates. Skates, in-line skates, skateboards, and bikes may be used on paved driveways and sidewalks only for access to the entrances to the Club Facilities. None of the foregoing may be used in Club Facilities at any time. All bikes must be stored in bike storage areas. Bike racks must be used if provided by Club Owner. Notwithstanding the foregoing, bikes left within the Club Facilities, bike storage areas and/or bike racks (if provided) are stored at such person’s own risk.

Club Employees. Persons using the Club Facilities may not abuse any of the employees of the Club, verbally or otherwise. All service employees are under the supervision of Club Manager and no person shall reprimand or discipline any employee or send any employee outside of the Club for any reason.

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Pets. No pets, other than those registered service animals are permitted on any portion of the Club Property including, without limitation, the pool area and any other areas of the Club Facilities.

Parking Areas. Self parking is permitted in Parking Areas identified as such. No parking will be allowed on grassed areas or along, over, or beyond curbed areas. “No Parking” signs must be observed. Overnight parking in the Parking Areas is prohibited. Overnight Parking is defined as the parking of a vehicle or trailer in the Parking Areas at anytime between the hours of 1:00 AM and 5:00 AM. Any vehicles parked in violation of this section are subject to being towed without warning.

Guns. Firearms and other weapons of any kind are not permitted on the Club Property at any time.

Responsibility for Personal Property and Persons. Each person using the Club Facilities assumes sole responsibility for the health, safety and welfare of such person, his or her Immediate Family Members, Supplemental Members and Guests, and the personal property of all of the foregoing.

Cars and Personal Property. The Club is not responsible for any loss or damage to any private property used or stored on the Club Facilities. Without limiting the foregoing, any person parking a car within the Parking Areas assumes all risk of loss with respect to his or her car in the Parking Areas or Common Areas of the District; equipment, jewelry or other possessions stored in lockers (if lockers are provided by Club Owner), on bicycles, or within cars; and wallets, bags, books,  clothing, and other personal items left in the pool and recreation areas.

Activities. Any person who, in any manner, makes use of, or accepts the use of, any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Club, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the Club Property, shall do so at their own risk. Every person shall be liable for any property damage and/or personal injury at the Club, or at any activity or function operated, organized, arranged or sponsored by the Club, caused by such person. All Members, Annual Members, Immediate Family Members and Supplemental Members shall be jointly and severally liable to Club Owner in connection with the foregoing.

Property Belonging to the Club. Property, furniture and equipment belonging to the Club shall not be removed from the room or area in which it is located or from the Club Facilities.

Indemnification of Club Owner and Club Manager. In addition, each Member, Annual Member, Immediate Family Member, Supplemental Member, Guest and all other persons using the Club Facilities, by entering onto the Club Facilities, agrees to indemnify and hold harmless Club Owner and Club Manager, and their respective officers, partners, agents, employees, affiliates, directors and attorneys (collectively, “Indemnified Parties”), against any and all actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever (“Losses”) incurred by or asserted against any of the Indemnified Parties from and

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after the date hereof, whether direct, indirect, or consequential, as a result of or in any way related to such person’s use of the Club Facilities, or the interpretation of the Club Plan and/or these Rules and Regulations (and any supplemental rules and regulations) and/or from any act or omission of the Club or of any of the Indemnified Parties.

Attorneys’ Fees. Should any person bring suit against Club Owner or Club Manager or any of the Indemnified Parties for any claim or matter and fail to obtain judgment therein against such Indemnified Parties, said person shall be liable, jointly and severally, to such parties for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of such suit, including attorney’s fees, paraprofessional fees, and court costs and expenses incurred at (or prior to) trial and upon appeal.

Obligation to Pay Club Assessments and Dues. Each Member shall pay Club Assessments when due in accordance with law. Each Annual Member shall pay Annual Club Dues in advance to Club Owner. Each other person shall pay such Club Dues and Fees as established from time to time by the Club Owner.

Violation of Club Rules.

Basis For Suspension. Membership rights and Club Facilities use rights of any person (and the benefits for their Guests) may be suspended by Club Manager if, in the sole judgment of Club Manager:

a   person   submits   false   information   on   the   Application   for

Membership;

the person violates one or more of these Rules and Regulations;

the person has injured or harmed or threatened to injure or harm any

other person within the Club Facilities, or harmed, damaged, destroyed or stolen any personal property on the Club Property or within the Club Facilities, District Property, whether belonging to a third party or to Club Owner.

6.2 Types of Suspension. Club Manager may restrict or suspend, for cause or causes described in the preceding section, privileges of any person to use any or all of the Club Facilities, for such period of time as reasonably determined by Club Manager. In addition, Club Manager may suspend some membership rights while allowing a Member to continue to exercise other membership rights. For example, Club Manager may suspend the rights of a particular Member (and/or Immediate Family Member), or Club Manager may prohibit a Member (and/or Immediate Family Member) from using the pools or other Club Facilities. No person whose Membership privileges have been fully or partially suspended shall on account of any such restriction or suspension be entitled to any refund of Club Assessments, Club Dues, Club Fees or any other fees and charges. During the restriction or suspension, Club Assessments, Club Dues and Club Fees shall continue to accrue and be payable for each billing period. Under no circumstance will a person be reinstated until all amounts due to the Club are paid in full.

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Pools.

Presentation of Membership Cards. Everyone must register and present Membership Cards and/or Guest Passes or Monthly Guest Passes to Club attendants prior to entering the pools and the adjacent patio areas. Users of Club Facilities shall keep Membership Cards or Guest Passes or Monthly Guest Passes with them and present the Membership Card or Guest Pass or Monthly Guest Pass to any staff member upon request. There shall be NO EXCEPTIONS  to this rule.

Risk of Use. Use of the pools is at the swimmer’s own risk. Without limiting any other provision of these Rules and Regulations, each person is personally liable for any injury to his or her Immediate Family Members, Supplemental Members and Guests using the pools.

Equipment and Towels.

Towels. Users of the Club Facilities are required to bring their own
towels.

Equipment and Furniture. All equipment used for water classes  (if
provided) is the property of the Club and should be returned to the Club. Chaise lounges are available for use at no charge. All persons using pool furniture must cover the furniture with a towel when using suntan lotions. The use of these lotions could stain or damage the furniture. Damage caused by such products will be repaired by the Club Owner at the Member’s expense.

Hours of Use. Swimming is permitted only during published open hours of the pools, which are subject to change. The pools are officially closed when a “Closed” sign is posted, provided the absence of a posted “Closed” sign does not authorize use of the pools after hours.

Showers. Showers are required prior to entering the pools to remove all suntan oils and lotions.

Aqua Classes. From time to time, classes (including, without limitation, so called “Aqua Classes”) may be offered by the Club or upon payment of a fee for participation. When participating in scheduled classes, please check in on time, follow the directions of the instructor, and stay for the entire class.

Swimming Instructors. Persons may not bring an independent swimming instructor into the pools as a Guest or otherwise.

Restrictions. Glass objects and sharp objects are not permitted in the pool area. Beverages may be brought into the pool areas, however, such beverages must be removed  or disposed of after use. Running, ball playing and noisy or hazardous activity will not be permitted in the pool areas. Pushing, dunking, and dangerous games are not permitted. Snorkeling equipment, other than a mask, and diving equipment such as scuba tanks, are not to be used in the pools except as part of an organized course of instruction. No diving is permitted in any of the pools. The throwing of any object is not permitted at any time within the pools or pool areas. Alcoholic beverages are not permitted in the pool, pool area, or Club Facilities at any time.

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Attire. All swimmers must wear appropriate swimming attire. Thongs, cut- offs and shorts are not considered appropriate swimwear. Long hair should be tied up or placed in a bathing cap. Children under three (3) years of age, and those individuals who are not reliably toilet trained, must wear rubber-lined swim diapers, as well as a swimsuit over the swim diaper, to reduce the health risks associated with human waste in the pools and adjacent patio areas.

Radios and Compact Disk Players. Radios, IPODs, MP3 Players, compact disk players, tape players and similar audio devices may only be used with earphones. Headphones should never be worn while in the pool.

Trash. All persons using the pool areas are urged to cooperate in keeping the pool areas clean by properly disposing of towels, cans and all other trash. Notwithstanding the foregoing, all cigarettes must be extinguished and properly disposed of prior to entering the Club Facilities.

Pets. No pets, other than those registered as service animals, are permitted on any portion of the Club Property including, without limitation, the Pool Area and any other areas of the Club Facilities.

Exercise Room.

Hours of Operation. The hours of operation of the exercise room located at the Club (“Exercise Room”) will be established from time to time by Club Owner.

Membership Cards. Membership Cards and Guest Passes must be presented before any person will be given access to the Exercise Room.

Equipment and Towels. When others are waiting to use equipment, use of cardio equipment is limited to thirty (30) minutes per person. Use of all equipment is at your own risk. Persons using the Exercise Room must bring their own towels and wipe down equipment after use.

Attire. Proper attire is required.

Minors. Persons under sixteen (16) years of age are not permitted in the Exercise Room under any circumstances. Minor who are sixteen (16) years of age and up to before being eighteen (18) years, could use the exercise room with a signed waiver and adult supervision all the time.

Personal Trainers. Persons using the Exercise Room may not bring their personal trainers or fitness instructors into the Exercise Room as a Guest or otherwise. Persons using the Exercise Room may not train another person in the Exercise Room.

Authority to Promulgate and Amend Rules. THESE RULES AND REGULATIONS ARE SUBJECT TO CHANGE AT ANY TIME. ALL USERS OF THE CLUB FACILITIES ARE SUBJECT TO THE RULES AND REGULATIONS OF THE CLUB AS PROMULGATED BY THE CLUB OWNER. These Rules and Regulations may be amended from time to time by Club Owner without the joinder or consent of any other person or entity. All changes to these Rules and Regulations shall be available at the Club Facilities. All Rules and

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Regulations promulgated by Club Owner shall become effective on the date determined by Club Owner.

Application of Rules and Regulations. All of these Rules and Regulations shall apply to all persons on or about the Club Property even if not specifically stated in portions hereof. The Club Manager, in its reasonable discretion, shall be permitted, but not required, to grant relief to one or more persons from specific Rules and Regulations upon a written request and a showing of good cause that shall be determined in the sole discretion of the Club Manager.

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SOUTH KENDALL COMMUNITY DEVELOPMENT DISTRICT

TUSCANY VILLAGE CLUB

HOURS OF OPERATION

CLUB FACILITY	HOURS	
		
POOL	Sunday - Saturday:  8:00 am to Sunset	
FITNESS CENTER	Monday - Friday:	6:00 am to 10:00 pm Sunday/ Saturday:		8:00 am to 8:00 pm	
	*Hours subject to change by District Manager or Club Manager	

CLUB DUES, FEES AND SCHEDULE

CATEGORY	AMOUNT	
		
ANNUAL MEMBER CLUB DUES^	$734.00	
		
SUPPLEMENTAL MEMBER ANNUAL FEE	$150.00	
		
CAREGIVER PASS FEE	$10.00	
		
LEASE APPLICATION PROCESSING FEE	$50.00	
		
MEMBERSHIP CARD REPLACEMENT FEE	$10.00	

* Additional Club fees may be assessed in accordance with 6.5 of the Tuscany Village Club Plan
^ Subject to change

FACILITY RENTAL FEES AND DEPOSITS REQUIRED FOR RENTAL

FUNCTION ROOM (the “Club”) - (Available during & after hours, includes function room only, may use for all types of events).

$400.00 Non-Refundable Fee + $250.00 Deposit (Refundable)

FOR AFTER HOUR EVENTS, RENTER WILL BE REQUIRED TO PAY ADDITIONAL $50.00 PER EACH HOUR PER SECURITY OFFICER AS DETERMIND BY CLUB MANGER

AS DETERMINDED BY CLUB MANAGER, IF AN EVENT REQUIRES A CLUB FACILITY MONITOR, RENTER WILL PAY ADDITIONAL $50.00 PER EACH HOUR

AS DETERMINDED BY CLUB MANAGER, IF AN EVENT REQUIRES AN OFF DUTY POLICE OFFICER RENTER WILL BE RESPONSIBLE FOR THE COST OF THE   OFFICER

DEPOSIT REQUIREMENT: A deposit is required in advance for all rentals of the    Club Facilities. The deposit shall be paid in the form of cash or check along with a copy of the Renter’s Driver License. In the event that the renter does not cancel the reservation within fifteen (15) days prior to the event (or such other date reasonably determined by the Club Manager for reservations made within fifteen (15) days of the event), the Club will retain the full amount of the deposit as liquidated damages. If the Club Facility, after the inspection by the Club Manager (or its representative attendant) is in good order (e.g., there is no damage to walls, area, or equipment, the Club Facility is clean (including the removal and proper disposal of all party balloons, strings, trash, etc.), and that the Club Facility is restored to the condition existing prior to the function), the full amount of the Deposit shall be refunded. If any damage is found, or if janitorial services or staff time are required to clean or restore the Club Facility, then the Club Manager will apply the deposit to pay all costs of repairs and the expense of janitorial services and staff in full, with any remaining deposit refunded (provided that if the deposit is not sufficient to pay such cost and expenses in full, Renter shall remain liable to pay the District the balance of such cost and expenses).

FITNESS CENTER-
May NOT be leased for private functions.

ADDITIONAL REGULATIONS:

Limited Time to Rent: Reservations can be made no more than 90 days in advance.
Fees include: Fees are just for the area being rented, they do not include chairs, tables, or set-up fees.
Inspections: Inspections are performed within 24-Hours after the end of your event. It is not required to call District and ask for status of inspection.
Deposits: If a deposit is made by check, the Club Manger may cash such check before the event or hold such check pending the event. If the Club Manager holds the deposit check, and no cost and expenses are chargeable against the deposit, then the check will be voided and will be returned to the Renter via mail. If Club

Manager holds the deposit check and cost and expenses are chargeable against the deposit, the Club Manger may cash the deposit and refund any amount due Renter by the District via mail.
Janitorial: Renter is responsible for full clean up of area rented, this includes the removal and proper disposal of all decorations, balloons, and trash and the cleaning of the floors, kitchen area, barbeque grills, etc. If the Club Manager determines that Janitorial Services are required to put the Club Facility back to the same condition prior to the event, the cost of Janitorial Services (with a minimum fee of $100.00) will be charged to the Renter.
Time Slots: Only one (1) event will be reserved per each day.

RULES OF USE FOR THE CLUB CLUBHOUSE AREAS RENTALS

I. GENERAL RULES.

The Tuscany Village Club Facility is available to the public upon application and acceptance by the Club Manager. For official meetings and official functions of the Tuscany Village Homeowners Association, and its Board of Directors and Committees there is no charge for use of a Club Area.

The Club may be reserved only by an applicant in good standing. Reservations must be requested at least fourteen (14) days prior to event, but no more than ninety (90) days in advance through the Club Manager. Reservation requests shall be accepted on a first- come, first-served basis. Requests shall be noted and filed by the Club Manager and marked on a calendar maintained by the Club Manager. Reservation requests and applications are not accepted unless accompanied by payment of all required fees and deposits and receipt of a fully executed application form.

Written notice of cancellation must be received no later than ten (10) days prior to the event date and time. Cancellations received less than ten (10) days prior to the event date and time will result in the forfeiture of the non-refundable rental fee.

The Club may not be used for any profit-making activities. No advertising will be permitted and no charge or admittance fee will be allowed nor is it to be charged by the applicant for the event.

The Renter agrees to be personally in attendance during the reserved hours. Only the approved applicant reserving the Club may gain access to the Club, no more than one (2) hours before the event. Approved Renter may gain access to the Club by using their swipe cards. Any change in plans, caterer, deliveries or number of guests must be communicated to and cleared with the Club Manager prior to the date of the event. Renter agrees to pay all key, swipe-key system and lock replacement costs resulting from misuse, loss or damage to the swipe-key system, lock, or doors.

Renter agrees to assume full financial responsibility for any loss or damage to the Club Area, the furniture, furnishings and equipment, and adjacent premises, including the parking lot, as a result of the Clubhouse use and for the proper conduct of guests or other persons employed or otherwise engaged by Applicant while they are on the Club premises, whether inside or outside of the building or Club Area. Such damage amounts shall not be limited to the amount of the any security deposit received.

Prior to the use of the Club by the Renter , the Club Manager shall inspect the Area with a prepared checklist. The same checklist will be used to re-inspect the Area after the event. If the Clubhouse is in its original condition and there are no other charges or rules’ violations, the security deposit shall be refunded. If the Clubhouse Area is not in its original condition or there are other charges, damages or loss sustained, those costs and charges will be deducted from the security deposit. If there are covenants or rules’ violations, the security deposit will be withheld until after a rules’ violation hearing has been held and a decision rendered as to whether charges will be assessed. Any difference over the original deposit will be charged to the Renter and shall be payable on demand.

Furniture and furnishings may not be removed from the Club. If furniture is moved for an event it must be placed in the same position before it was moved.

All events shall be confined to the Function Room. However, use of nearby restroom facilities is permitted. Applicants must advise their guests of Club rules, the guest parking areas available, and that spaces are on a first-come, first-served basis. All guests must go directly to the Function Room. No loitering or disturbing noises in the common areas shall be permitted. In no instance may parties or gatherings extend to halls or any other Club Areas within or outside of the building. These other common area facilities adjacent to the Function Room may be used by other Club users while a Renter’s function is in progress.

The number of persons in attendance is limited by the posted number, according to the Miami-Dade County and State Fire Codes.

Parties or events for minors under the age of eighteen (18) years are required to be continuously chaperoned by the Renter hosting the event. Two (2) adult chaperones are required for every ten (10) minors in attendance. Renter and chaperone(s) must be present throughout the entire event.

Smoking is prohibited in the Club Areas, restrooms, or the Clubhouse. Use and/or availability of alcoholic beverages will be in accordance with the Florida State and County Alcoholic Beverage Control laws (no monies allowed to be exchanged, no alcohol for persons under 21, etc.).

Use of the Club Areas and all facilities by renter and all guests must be at all times in compliance with Federal, State and local laws, statutes and ordinances as well as all Club Rules, including these Rules. Renters shall not permit the use of the Club Areas or other District property for any unlawful purpose, nor will any act be performed or permitted

which will unreasonably interfere with the rights, comforts, or convenience of other Club users. Renter will maintain volume of music and noise at a level sufficiently reduced so as not to disturb other Club users. Playing of loud amplified music is not permitted.
Speakers must be placed on tables or elevated stands away from walls to reduce transmission of sound and/or vibrations to adjacent parts of the building. Foam rubber pads or other similar acoustical materials must be placed beneath each speaker. The Club Area’s doors and windows must remain closed during any event or function.

Renter agrees that any decorations or the decorating or the Club Area must be done in a manner so as not to cause any damage to any area of the Clubhouse. Decorations must not be attached to or hung from any sprinklers, ceilings, lights or wallpaper and must be fire resistant. The use of tape, nails, tacks, staples and any substance or item which may cause permanent damage are not permitted to be used to attach decoration or other items to the walls, doors, door trim, windows, furniture or any other surfaces in the Club Area.

Renter agrees to remove and properly dispose of all personal property immediately after the event, such as dishes, foods, bottles, trash, decorations, etc., and to leave the Club Area and adjacent premises in good conditions similar to that of the original condition of the Club Area and adjacent premises prior to the function. Nothing should be left in the refrigerator and the garbage disposal must be empty. The Club Area must be cleaned and restored to its pre-event condition by the Renter no later than 10:00 am, the following day for evening party’s only. Arrangements must be made with the Club Manager concerning delivery and removal of any rented tables, chairs, or catering items if unable to be picked up by the rental company immediately following the function or if after 10 P.M. must be removed by 10:00 A.M. the following day. Deliveries and removal of food, tables, musical equipment, or caterers providing service, will be permitted during certain hours from 9 A.M. through 10 P.M. on weekdays. Renter must be present to deal with the rental or service companies for delivery or pick up.

The Club Owner and Club Manager and its agents will not be responsible for the loss or damage of any personal effects, dishes, equipment, decorations or food. Any personal property or items left unattended after the event will be considered abandoned and will be removed for disposal.

All music and noise making activities must cease prior to the prescribed hour. The Club must be returned to their original condition, vacated of people, lights out (except for one which should be left on), window shades placed in the up position, the room secured and the door locked by the prescribed closing hours. Adjacent restrooms should be left in the same condition as they were in prior to the event with lights out.

The Club Owner and Club Manager reserve the right, at any time prior to or during the function to immediately revoke the approval granted herein and immediately suspend the right of use of the Club Area by the Renter and his or her guests and require Renter and guests to vacate the premises during the function if it is determined that there were misrepresentations set forth in the rent agreement or if there is any violation of the District’s declaration or rules or damage to property or violation of any Federal, State or

local laws, statutes or ordinances. Such revocation, suspension and vacation of the premises will also result in no refund of the use fee. Such determination to revoke, suspend and vacate the premises shall be within the sole discretion of the Club Owner and Club Manager. If the Renter fails to abate noise, excessively loud music or any other disturbing activities when requested to do so, the Club Owner and Club Manager are authorized and directed to immediately revoke the approval, suspend the right of use and vacate the Club and/or to call the local police. A partial refund is in the Club Manager’s discretion if use is suspended for reasons other than rules’ violations or damages. The full security deposit and use fee may be refunded if the Club Area use is suspended, in the absence of rules’ violations or damages, prior to the start of the function or if the application is not approved, except as otherwise provided herein.

The Club Manager and Club Owner shall have free access to the Club Area and adjacent facilities at all times.

All trash and garbage should be properly bagged and sealed and deposited in the outside trash dumpster. Spilled liquids or food must be cleaned from the floors, counters, walls, furniture or other surfaces. A charge of $50.00 per hour/per worker will be assessed to cover additional cleanup if the Club Owner or Club Manager deems it necessary.

No candles or other open flame items are permitted. Food warming trays may be used only under the strict supervision of a caterer or attendant and must be removed from the premises at the conclusion of the event.

Violation of any Club rules, including these Rules, are grounds for prohibiting a Renter from using the Club for a period of one year or suspension of other services and facilities, assessment of rules violation charges

Renter still assumes sole and total responsibility for any property damage, injury or accident to any person arising out of the Club use. Renter further agrees on behalf of itself and its guests and invitees to indemnify, reimburse and hold the Club Owner and Club Manager harmless for any and all violations of any and all Federal, State or local laws, statutes or ordinances, and to indemnify, reimburse and hold the Club Owner and Club Manager harmless for any and all losses, damages, causes of actions claims, proceedings, and/or injuries sustained, including attorneys fees, arising out of or related to Applicant’s and his or her guests’ or invitees’ use of the Club.

No pets, except trained see-eye dogs used by a blind Renter or guest, are permitted in the Club Area’s.

The Club must be cleaned. If the Club is not found as it was given to you, a portion of Renter’s deposit will be kept. Renter must broom, vacuum, and mop the Function Room. The counter tops and tables need to be wiped down. All trash must be taken with you and not left in the room.  The Club does not provide any trash bags for the party. The Club

will provide renter with the broom, mop, and vacuum. All other cleaning supplies must be brought by the Renter.

The Club will be available for use only between the hours of 11:00 A.M. - 10:00 P.M. Sunday - Thursday; or between 10:00 A.M. – 12:00 P.M., Friday and Saturday.  Under no circumstances will time be extended past the closing hours stated.

The District Manager may waive or amend any of the above requirements in its reasonable discretion, provided such waivers must be in writing and signed by the District Manager and the renter.

The form of Facility Rental Agreement, Clubhouse Inspection Form and Access car Control Information Sheet attached below are approved for by the Club Manager.

FOR ANY ADDITIONAL INFORMATION PLEASE CHECK WITH THE CLUB ADMINISTRATIVE OFFICES FROM MONDAY-FRIDAY 8:00 AM -12:00 PM YOU MUST HAVE AN APPOINTMENT IN ORDER TO RESERVE A DATE

TUSCANY VILLAGE CLUB
Facility Rental Agreement
South Kendall Community Development District

This Agreement is by and between South Kendall Community Development District (the “District”) and a Renter who is further defined as a: (check one) Tuscany
Village Bay Member or Annual Member	or General Public User 	.
This Agreement is for the rental of a portion of the “Tuscany Village Club” facility, to be used for a private function, shall be in accordance with the “Tuscany Village Club Schedule Of Hours Of Operation, Dues, Fees And Charges, Areas & Fees For Rental, Rental Policies, Procedures And Regulations” (referred to in this Agreement as the “Rental Schedule”), which document is attached hereto and made a part hereof.

Renter: (print clearly)   	

Phone: Home 	Work: 	Cell:   	

Fax:  	

Renter’s Address:   	

Date of Function: 	Time From 	To  	

Facility being requested: Function Room  	

(Note: use of fitness center is prohibited)

Purpose  of rental:   	

Number of people expected to attend this function:   	

Renter will:
Serve Food:	Yes  	

No  	

(Note: The District reserves the right to establish and enforce a list of approved caterers)

Serve Alcohol:	Yes 		No _ 	
(Note: Alcohol is not to be sold on the premises at any time.)

Provide Music:	Yes 		No  	
If “Yes” state type of music: (Live Band, Stereo, etc.)

(Note: If music can be heard by surrounding neighbors, it is too loud.)

All requests are subject to the approval of the District’s Club Manager. Reservations will be granted on a first come basis.

Time Slots for Reservations:
Function Room time slots:
Monday – Friday	Saturday	Sunday
9:00AM – 3:00PM	8:00AM – 1:00PM  6PM-12AM	12:00PM – 6:00PM
3:00PM - 9:00PM	1:00PM – 6:00PM	6:00PM – 12:00AM
(After hours)

Fee Schedule & Usage: See Attached Rental Schedule

Reservations, Applications, Payment of Fees:
The Rental Fee and Deposit must accompany this application and will be cashed upon receipt. The Club Manager may not accept an application or confirm reserved space without receipt of 100% of the Deposit and Rental Fee. Rental Fees and Deposits must be received at least fourteen (14) days in advance of the function to allow time for bank clearance of the checks. Shorter time frames will require cashier’s checks, certified checks or money orders. Payments are made to: “South Kendall Community Development District.”

Deposit Refund, Inspection:
If the facility being rented is left in acceptable condition, no damage or loss has occurred, and there have been no infractions of the Rental Schedule as deemed by the Club Manager’s inspection, the Deposit will be fully refunded. The Deposit, or portion thereof, will be refunded by the District Office within thirty (30) days after receipt of the signed “Cleaning & Usage Checklist” inspection form. The Renter is entitled to be present during that inspection. If the Renter is not present during the inspection, the Club Manager will mail a copy of the final inspection, based upon the “Cleaning & Usage Checklist,” to the Renter.

The Renter is responsible for the repair or replacement of all Club property, indoors and outdoors, damaged or lost during the function. This responsibility shall remain in effect until the Club Manager completes its portion of the “Cleaning & Usage Checklist” inspection form and the facility(s) keys are returned.

The Renter is also responsible for cleaning that portion of the facility used after use, unless payment and arrangements have been made with the Club Manager for cleaning by the

facility’s cleaning contractor. In such event, the Renter is still responsible for removing all trash from the premises immediately following the function. Cleaning is to be in accordance with the “Cleaning & Usage Checklist.” Charges for unacceptable conditions not listed in the cleaning checklist will be added if they occur.

All trash, garbage, trays, decorations, etc., must be removed from the premises and properly disposed of at the conclusion of the function.

Additional Renter Responsibilities:
The Renter making the reservation must be in attendance for the ENTIRE duration of the function and is responsible for the conduct of all guests.

At the discretion of the Club Manager, Renters may be required to pay a reasonable hourly fee for a Club Manager appointed “facility monitor” or “police/traffic control monitor” during the hours of the special event. The need for such fee would be determined during the review process based upon the nature of the event and the history of the Renter. Should a monitor be required, the Renter would be notified prior to the Club Manager accepting the facility engagement. The Renter would have the right to withdraw the Application for facility’s rental.

Under no circumstances may Renter or guests mark the walls, ceilings and furnishings in any way, to include decorations, signs, tape, tacks, etc.

All guest cars must be properly parked in the parking lot area only and the parking and driveway area must be clean of any party-related debris after the function. Absolutely NO PARKING ON GRASS. Any infractions may damage the irrigation system or landscaping. Such damages will be back charged to the Renter.

Renters and/or guests are absolutely NOT allowed in the Swimming Pool, Fitness Center  or Club lounge areas during a function.

Closing time for private functions is 12:00 Midnight. Cleaning must be completed before check-out time at 10:00 a.m. the morning after the function, or by other arrangements made with the Club Manager. Short term Rentals (4 hours) should be cleaned within  the rental period, unless a cleaning  service is     scheduled.

Note: Any infractions of the Tuscany Village Club Rules and Regulations, Policies and Procedures, or disturbances created as a result of the function, will require the Renter to appear before the Board of Supervisors for approval of any future reservations. The Board of Supervisors has the right to suspend privileges of any Renter who has, in the opinion of the Board, abused the rules and regulations in this Agreement. An automatic 60-day non-use penalty will be imposed at the time of said infraction or damage until the matter can be brought before the Board for its decision. If there is property damage in excess of the Deposit, the Board reserves the right to bill the Renter for the damage and to pursue collection to recover the funds.

I understand and agree to abide by the above and understand that I am responsible for any loss or damage to Club Facilities, Club property and District Common Areas which may occur as a result of this function and rental.

This AGREEMENT entered into on (date)  	

Photo ID is required, one or two forms of ID may be required by the Club Manager: Signature of RENTER:   	
If a corporation, print name of above signature 	Title:   	

Name of Club Manager   	
Signature   	

Copy of Renter’s Photo ID attached: 	Copies of 2 separate checks attached:   

Tuscany Village Club Clubhouse Areas Inspection

Form

Pre-Event Inspection Post-Event Inspection
Exterior Doors	_ 	  	
Women’s Bathroom	_ 		 	
Men’s Bathroom	_ 	  	
Kitchen	_ 	 	Floor

Counter Top/Sink	 	  	
Cabinet’s	 	  	
Appliances	 	  	
Carpeting	 	  	
Furniture Sofa	 	  	
Furniture Loveseat	 	  	
Coffee / End tables	 	  	
8 Chairs 2 tables	 	  	
Interior Decor	 	  	
Walls	 	  	
Windows	 	  	
Interior Doors	 	  	
Interior window shades    	 	
Exterior (rails, plants, etc.)  	  	
Pool tables	 		 	
Pool chairs	 		 	
Height back pool chairs  		 	
Playground/tot Lot	 		 	
Others	 		 	
Comments:

Pre-Event Inspection: 	Date 	Time 	
Signature of Applicant

Pre-Event Inspection: 	Date 	Time 	
Signature of Authorized Agent Tuscany Village Club

Post-Event Inspection: 	Date 	Time 	
Signature of Applicant

Post-Event Inspection: 	Date 	Time 	
Signature of Authorized Agent: Tuscany Village Club

SOUTH KENDALL COMMUNITY DEVELOPMENT DISTRICT TUSCANY VILLAGE CLUB

ACCESS CARD CONTROL INFORMATION SHEET	
Applicant(s):	Access Card # 1	Access Card # 2		
Property Address:	Access Card # 3	Access Card # 4		
Home Phone #	Work Phone #		
Cellular Phone #	Email Address, if any		
Mailing Address (if different)		
City	State	Zip Code		
Immediate Family Members			
Last	Fi	rst	Age	Rel	ati	onshi	p	Day Phone #, i	f di	ff		

				

				
Name of  Approved Lessee(s) (if Applicant is resident within the District):		
Home Phone #	Work Phone #		
Cellular Phone #	Email Address, if any		
I authorize my Lessee(s) to have an Access Card(s) on my behalf. Yes 	No  	
N/A  	

Applicant Signature: 		Date:  	

With the signing of this form I acknowledge that I have received the Access Card(s) stated above and that if my card is lost I will contact the Club Manager immediately to

terminate the card from the system. In addition, if there is a change in tenant I will collect the card from the previous Lessee and inform management.

 	  Date:  	
Signature of Applicant Print Name: