Terms & Conditions

RULES AND REGULATIONS

Lake Letta RV Park

2455 S Lake Letta Dr

Avon Park, FL 33825

 

l.DEFINITIONS.

1.1. Reason— shall mean Lake Letta RV Park, a 55+ recreational vehicle resort and residential community located in Avon Park, Florida, including all real and personal property (excluding personal property owned by residents) therein, and any employees, managers, and agents authorized by ownership to manage, operate, and maintain the Resort.

I .2. Rental Agreement— shall mean the recreational vehicle / park model site rental agreement executed between the Resort and Resident(s) for the use and occupancy of a recreational vehicle / park model site or dwelling unit in the Resort. The duration of a Rental Agreement term may vary.

I.3. Resident— shall mean a person entitled under a Rental Agreement to use and occupy a recreational vehicle Site within the Resort to the exclusion of others. For purposes of these Rules, the term "Resident" shall include any of the following categories: Short-term, long-term, transient, and non-transient resort guests.

I .4. Recreational Vehicle— shall broadly encompass any recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, including but not limited to a recreational vehicle, park model, travel trailer, fifth-wheel, van, or motor home, and the term "Recreational Vehicle" shall be inclusive of units owned by either a Resident or the Resort.

1.5. Site— shall mean the designated space intended for the placement of a Recreational Vehicle and leased pursuant to a Rental Agreement.

  1. RESIDENCY AND GUESTS.

    1. Application and Approval.Any person applying for admittance as a Resident of the Resort must fill out an application for residency and be screened by the Resort. All prospective residents must be approved by Resort and must sign a written Rental Agreement prior to moving into a recreational vehicle in the Resort or bringing a recreational vehicle onto the premises. The Resort reserves the right to: (i) refuse residency to anyone who purchases or otherwise receives title to a recreational vehicle unless approved pursuant to Section. 2. l; (ii) refuse to accept further site rental amount payments and terminate the Rental Agreement; and, (iii) refuse residency to any applicant for any reason not prohibited by law. The Resort may refuse accommodations to any person who violates any of these Rules and Regulations of the Resort, as amended.

    2. Compliance with Rules and Regulations.The Resident, including their approved occupants and guests, shall abide by all terms in the Rental Agreement and these Rules and Regulations. By way of a guest or approved occupant being physically in Resort, the Resort may assume that the Resident has duly informed said person of the contents of these Rules and Regulations, and expressly consents to allow the Resort to enforce the same against the Resident and/or its guests or approved occupants, as applicable under the State and federal laws. Residents may provide written concerns and complaints to the resort regarding the violation of any of these rules by other individuals on the premises, and such complaints shall be considered as evidence such violation occurred. For documentation purposes, all concerns and complaints must be in writing.

 

    1. Age Requirements.At least one Resident associated with each Rental Agreement must be fifty-five (55) years of age or older, unless prior approval has been provided in writing by the Resort. Second resident must be 45 years old, unless prior approval provided. Specifics relating to age/residency requirements are attached in Addendum "A " which shall be incorporated into the Rental Agreement and these Rules and Regulations.

    2. Guests and Unapproved Occupants.All persons not named in the Rental Agreement whose visit or stay in the Resort does not exceed fifteen (15) consecutive days or thirty (30) total calendar days per year shall be considered "guests." The Resident or guest may be subject to fees and additional pricing for any persons staying longer than these periods; and, further, such person(s) will be required to be approved for residency within the Resort, if such person is qualified for residency. Any person that exceeds the time period for "guests" and is not a Resident or occupant preapproved to reside on the Site shall be deemed an "Unauthorized Occupant." Residents shall be liable for all acts and omissions committed by their guests, occupants, invitees, and Unauthorized Occupant(s), including any act or omission that violates these Rules and Regulations. Additional rules for guests are as follows:

      1. All guests staying longer than forty-eight (48) hours must have prior written approval from the Resort. Resident shall be subject to a fee for failing to register a guest staying in the Resort for more than forty-eight (48) hours. Additional guest fees may be assessed as provided in the Rental Agreement.

      2. Guests shall not be permitted to stay in the Resort in the absence of the Resident.

      3. Guests shall not be permitted to bring a pet dog or any other animal into the Resort with them at any time, with the exception of service animals accompanying disabled persons.

    3. Subleasing.Residents are not permitted to rent, sublease, or otherwise assign the occupancy or use of their recreational vehicle, dwelling unit, RV Site, or Rental Agreement without the prior written authorization of the Resort. The Resort may withhold, delay, or deny authorization in its reasonable discretion. Without Resort's written consent, any such act shall be void and shall constitute a default by Resident under the Rental Agreement. Neither residential site Rental Agreements nor dwelling unit Rental Agreements are transferable. If the recreational vehicle or dwelling unit is subleased without written authorization of Resort, no such subleasing, occupancy or collection of rents shall be deemed to be a waiver of this provision, or acceptance of the subtenant or occupant as a tenant, or a release of the Resident(s) from further performance by Resident(s) of the provisions of the Lease Agreement and these Rules.

    4. Title and Insurance Information.Resident must carry fire, theft, casualty (including coverage for natural disasters and falling trees), and liability insurance for their recreational vehicle and other vehicles and equipment brought into the Resort. Resident must hold valid title to the recreational vehicle and maintain a current licenses, registrations, and tags at all times. State-issued decals and plates must be displayed prominently on the recreational vehicle. Resort-issued stickers will be provided and must be displayed prominently on the recreational vehicle. Resident must provide copies of current insurance, title, and registration information to Resort on an annual basis.

    5. Eviction.Grounds for eviction include: (i) non-payment of Site rental amount, (ii) nonpayment of pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas, as applicable, (iii) conviction of a violation of a federal or state law or local ordinance which violation may be deemed detrimental to the health, safety, or welfare of the other Residents in this Resort, (iv) violation of any of these rules, (v) change in land use, and (vi) or any other ground permitted by state or federal law. No waiver of any default shall be implied from any omission by the Resort to act with respect to the default if such default persists or is repeated. One or more waivers of any covenant, term, or conditions of the Rental Agreement or these rules by the Resort shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. Any Resident who applies for a variance under these rules does so knowing that any approval of a variance or other consent by the Resort is under strict terms to comply with these rules. The Resort reserves the right to revoke any prior approval or consent at any time, including if the Resident violates these rules or abuses the terms of approval.

 

  1. PAYMENTS FEES AND CHARGES.

3. l. Rent. Site rental amounts plus all pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas, as applicable, must be paid in full when due. The Resort retains the right to not accept partial payments. Site rental amounts are due on the first day of the month and a late fee will be assessed if such amounts due are not received by the Resort by the eighthday of the month. All pass-through taxes, utilities, electricity, sewer, water, trash, grounds, and gas amounts are due within five (5) days after assessed to the Resident by the Resort. The Resort reserves the right to refuse a personal check. All payments must be payable in U.S. funds drawn on a U.S. financial institution. If any Resident's personal check is returned for insufficient funds, the Resort has the right to only accept all future payments in the form of money orders, cashier's checks, or electronic funds transfer. Should fee or rent provisions of the Rental Agreement conflict with this Rule, the Rental Agreement shall prevail.

    1. Rental Increase.Site rental rates or fees may be raised at any time, without limitation, in accordance with the Rental Agreement. Resort shall provide a thirty (30) day written notice of any increases or changes to the rental rates or fees.

  2. MAINTENANCE AND CLEANLINESS.

4. I. Resort Standards.Resident is responsible for the overall appearance of the recreational vehicle or dwelling unit and the Site. The placement of any Recreational Vehicle greater than ten ( 10) years old into the Resort shall require inspection and prior written approval of Resort management. The Resort requires that any recreational vehicles and Sites not meeting the Resort's established standards, as required by these Rules, or any recreational vehicle or Site which is improperly maintained, be upgraded to improve the quality and appearance of the recreational vehicle and Site. Failure to meet the Resort's requirements shall be a violation of these Rules. The Resort reserves the right to require Residents to comply with the Resort's Standards, as amended.

    1. General Site Appearance.All Residents must regularly maintain their recreational vehicle or dwelling unit and the Site, including without limitation, free of debris, clean and neat, orderly, uniform, and attractive, in good repair, properly skirted, not discolored, and generally well-maintained. All driveways, walkways, or points of ingress and egress must be unobstructed and in safe condition. Residents are responsible for ensuring their Recreational Vehicle and Site remain in compliance with all local and state laws, ordinances, codes, statutes, and regulations.

Landscaping.Resident must maintain lawn, trees, shrubbery, plants, and flower beds on their Site in a neat and attractive appearance, including trimming, edging, weeding, watering, and the general care thereof. Tree trimming and removal is the responsibility of the Resident, however, the removal of a healthy tree is not permitted without the prior written approval of the Resort. Tree maintenance, which is to be performed at the Resident's expense, includes tree or limb removal, limb trimming, root trimming or removal, leaf raking and removal, and the repair or treatment of damage, disease, or infestation. The Resident is responsible for any damage caused to the Resident's unit or to a neighboring unit from a tree located on the Resident's Site.

    1. Removal and Site Restoration.Any Resident who removes their recreational vehicle from the Site or is required to move their recreational vehicle in the Resort is responsible for removal of all trash, steps, broken concrete, debris, planters, patios and footers, and any other discarded materials. Utility connections must be sealed, protected, and identified. The Site must be left in a clean and neat condition; It must be cleaned, cleared, and approved by Resort. Resident is responsible for expenses incurred in restoring the Site to a clean condition.

    2. Vehicles and Traffic.All Residents shall be required to maintain liability insurance in the minimum amount required by State law for every vehicle in the Resort. All vehicles must maintain current and up-to-date licenses, tags, and registrations. The Resort reserves the right to ban any vehicles that, in its sole judgment, interferes with the peace, privacy, and/or general welfare of other Residents or with the appearance of the Resort. All vehicles must be regularly maintained, washed, and generally in a good condition and must be operational. No vehicles may be on jacks, blocks, or ramps at any time other than for quick maintenance, but at no time for longer than thirty (30) minutes. No commercial vehicles are allowed unless approved by the Resort. ATV's, minibikes, dirt bikes, go-carts, off-road vehicles, or any similar non-street legal motorized vehicles are prohibited from being operated in the Resort. No person shall speed in excess of posted limits. If no signs are posted, the speed limit in the Resort is ten (10) miles per hour. All persons must obey each stop sign, no parking sign, and other similar signs. Traffic and parking must follow any directional arrows in the Resort. All bicycles, golf carts, and pedestrians shall have the right of way and must observe the traffic rules. Persons under 21 -years old may not operate golf-carts.

    3. Residents and guests must park vehicles in designated areas and in an orderly fashion. Parking on or along the street is prohibited. Only two (2) vehicle may be parked on the Site at a time, unless Site is designated for one (1) vehicle by Resort. Parking on the grass or non-paved surfaces in common areas is prohibited. Tents, trailers, boats, or unlicensed, unregistered, or inoperable vehicles, may not be parked or stored on the Site without prior written approval from the Resort. Approved boats and trailers must have current plates, tags, and registration.Boats and trailers kept on property must be kept in paid storage and not on individual resident sites. A Resident may not park on another Resident's Site without the prior written permission of the Resident of that Site and the Resort. The Resort reserves the right to tow unlicensed, unregistered, inoperable, or abandoned vehicles, or vehicles parked in violation of the parking rules.

    4. Modifications and Additions.The installation or modification of sheds, carports, awnings, decks, screen rooms, canopies, sunshades, fences, docks, or any other exterior structures, and any exterior improvements, modifications, additions, or construction on the Recreational Vehicle or Site must be preapproved in writing by the Resort prior to installation or commencement, and maintained in accordance with these Rules and Regulations. Such construction, modifications, or additions without Resort preapproval may require removal at the Resident's expense. Resident is responsible for procuring any necessary permits and ensuring compliance with local ordinances or code, and shall be liable for violations of the same. Resident shall indemnify and hold harmless Resort for any violations or fines levied by government agencies resulting from Resident's use of the Site. Resident is fully responsible for all costs and the payment of contractors, builders, and suppliers for any modifications and additions caused by Resident. Resident must provide Resort with a copy of a contractor's license and insurance information prior to the commencement of any project requiring same. Resident shall ensure all contractors, subcontractors, and material suppliers are paid in full, may not allow a construction lien to be filed against the Resort, and is liable for all payments associated therewith. Only one shed permitted per lot, measuring no more than 8’x10’

4.8. Exterior Surfaces.The exterior surfaces of the recreational vehicle and the additional structures on the Site shall be kept free of mildew, dirt, grime, or discoloration. Peeling, fading, or damaged exterior surfaces, and broken windows, doors, and screens must be restored and repaired to the condition of a well-maintained home in the Resort. The Resort reserves the right to require repairs, pressure washing, repainting, or other maintenance that is needed to maintain the standards of the Resort. Residents desiring to repaint any exterior surface a color that differs from the existing color of the surface must obtain prior written approval from the Resort.

4.9. Windows.Damaged or broken windows must be promptly repaired or replaced. Window coverings visible from the street shall be limited to blinds, shutters, drapes, curtains, or similar standard widow treatments. Bed sheets, mattresses, blankets, aluminum foil or similar items are prohibited from being used as a window covering or shade device.

4.10. Skirting.Recreational vehicles intended to be stored continuously for six (6) months or more must be properly skirted and tied down pursuant to local code or state law. If the present skirting is damaged or destroyed by windstorm, an act of God, or by any other means, replacement skirting must be installed. All skirting must be of a color and material consistent with the recreational vehicle, and the design and material shall be approved by Resort management prior to installation.

  1. I I. Water and Sewage Svstems.No person shall dispose of sewage, human waste, or other liquid waste from a recreational vehicle except into an approved sewerage system approved. All utilities, including water, sewer, and electricity hookups must be completed by licensed and Resort-approved vendors. Any fees for installation or hook-ups are the Resident's responsibility. Maintenance of the shutoff valve and hose bib is the responsibility of the Resident.

    1. Trash Disposal and Recvcling. Garbage and trash must be disposed of in the solid waste dumpster located in the Resort. Hazardous materials, furniture, grills, batteries, TVs, radios, mattresses, and other large or non-conforming items must be disposed of lawfully and properly by the Resident at the Resident's expense. Resident shall reimburse the Resort for any fine or penalty resulting from the violation of an illegal dumping or hazardous waste disposal regulation or law. Single-stream recycling containers may be available. Plastic must be thoroughly cleaned; glass bottles must be discarded in the trash.

    2. Electric Pedestals.Electric pedestals may not be modified or tampered with. Items shall not be attached or hung from the pedestals. Residents may only draw electricity from the pedestal on their Site and additional electrical supply is not permitted. Individuals caught tampering with any electrical systems within the Resort will be reported to local authorities and/or Duke Energy and shall be charged back for any electrical usage. Resident is responsible for the connection from the electric pedestal to the Recreational Vehicle.

    3. Clotheslines. Lines for hanging clothes outside may only be placed in the rear of the Site and completely out of view from the street. Clotheslines must be fully removed and stored when not in use. This rule is intended to protect the safety of drivers, pedestrians, mowers, and maintenance workers.

    4. Fences.No fences, roping, or barriers may be erected on or around any Site, unless approved by the Resort.

    5. Site/Lot Lines.Recreational vehicles and other structures or appurtenances may not protrude or overhang the designated Site/lot line. In the event of a dispute between neighbors, the Resort shall make all determinations as to the location of Sites and Site/lot lines within the Resort, and Residents shall act accordingly to relocate or remove protruding or overhangin structure.

4.17 Signs. Flags and Banners.The display of signs, flags, banners, or like items containing vulgar, profane, inappropriate, or offensive images, messages, or language, or containing images, messages, or language that may incite or encourage violence or hate, on the recreational vehicle or Site is prohibited. "For Sale" signs are limited to one such sign per home and may not exceed 18" x 24" in size. "For sale" signs, "Open House" signs, directional signs, information signs, etc. shall not be placed on any of the common areas of the Resort.

The display of flashing, blinking, or excessively bright or colorful lights is prohibited. Exception may be made during the holiday season within two (2) weeks of the year-end, so long as lights or decorations do not constitute a nuisance to other Residents of the Resort, and such displays must be promptly dismantled.

4.18. Antennas.No antennas or outdoor reception devices shall in any way be attached to or protruding from any recreational vehicle or Site except those approved by the Resort and permitted by law.

4.19 Storage on Site.The outdoor storage of junk, debris, or miscellaneous clutter on the Site, including within public view on carports, decks, and screen rooms, is prohibited. Miscellaneous clutter includes an unreasonable or excessive display of yard ornaments, decorations, figurines, and statues. No outdoor equipment is allowed on the Site. Outdoor equipment includes, but is not limited to, pools, basketball hoops, trampolines, swings, weight benches, exercise equipment, recreational equipment, major appliances, lawncare equipment, tools, toys, or other items that may constitute a nuisance or hazard in the event of a windstorm. Residents are prohibited from storing on the Site any dangerous, explosive, or toxic materials that would increase the probability of fire or that would increase the cost of insuring the Site.

4.20 Sale or Removal of Recreational Vehicle: The sale of any Recreational Vehicle located in the Resort shall require prior approval by Resort management. If the Notwithstanding anything contained herein to the contrary, Resort may, in order to upgrade the quality of the Resort, require the removal of the Recreational Vehicle from the Homesite upon its sale to a third party. New, incoming residents must be screened by office before sale takes place.

4.21 Government Compliance.All recreational vehicles, other buildings or structures, and the Site must be maintained in compliance with all municipal, county, and State housing, building, health, environmental and related laws, regulations, and ordinances. In the event any governmental agency shall impose a fine for failure to comply with the same, Resident shall be responsible for payment; and, in the event the Resort pays the fine, Resident shall reimburse Resort for the payment made on Resident's behalf.

  1. CONDUCT.

    1. Applicability.All Residents are responsible for the actions of their guests, invitees, and occupants and compliance with all the Rules herein. All Residents shall comply with these Rules and Regulations and require other persons on the premises with his or her consent to comply with such rules and to conduct themselves, and other persons on the premises with his or her consent, in a manner that does not unreasonably disturb the peace and comfort other Residents of the Resort, constitute a nuisance, or constitute a breach of the peace.

    2. Noise.Noise or conduct that Resort finds objectionable, that disturbs the peaceful enjoyment of the Resort by neighbors or is deemed a nuisance to other Residents, that materially interferes with management of the Resort or that constitutes a breach of peace is prohibited. Loud noises, annoying parties, and abusive or profane language shall not be permitted at any time in the Resort. Yelling, screaming, other noise-making, or the use of profanity outside the recreational vehicle or inside the recreational vehicle if audible outside the home, are not permitted in the Resort. Quiet hours shall be honored between 10:00 P.M. and 8:00 A.M., subject to the exception of a scheduled clubhouse activity.

    3. Disturbances. The Resort may refuse accommodations to any person whose conduct on the Resort property displays intoxication, profanity, lewdness, or brawling; who indulges in such language or conduct as to disturb the peace or comfort of other guests; who engages in illegal or disorderly conduct; illegally possesses or deals in a controlled substance; whose conduct violates these rules; or whose conduct constitutes a nuisance.

    4. Loitering.No person is permitted to loiter or play in the streets, in vacant Sites, or in the yards of other Residents. No person is permitted to climb trees or structures or enter or trespass on any other Site of another Resident. Residents shall not loiter or wander within the Resort after the hour of 10:00 p.m.

    5. Commercial Activity.Soliciting or peddling is not permitted within the Resort. No commercial enterprise or business shall operate within the Resort and no advertising signs may be erected on the Resident's Site or recreational vehicle, unless approved by the Resort.

    6. Illegal Substances. Drugs or illegal substances are strictly forbidden from the Resort. No person shall be in possession or deal in a controlled or illegal substance.

    7. Use and Discharge of Firearms or Fireworks. No firearms, other forms of weaponry capable of firing dangerous projectiles, fireworks, or firecrackers are to be used, displayed, or discharged in the Resort. The use or display of weapons in the Resort, including but not limited to firearms, paint ball guns, air rifles, bows, and arrows, slingshots, knives, or any other type of weapon, is prohibited.

    8. Damage.No person, directly, indirectly, or in any way whatsoever, shall damage, injure, or cause harm to (i) any employees or agents of the Resort or its real or personal property or (ii) other Residents or their real or personal property.

    9. Criminal Activity.Resident or other persons on the premises with his or her consent shall not engage in criminal activity or allow Resident's home to be used in criminal activity including: drug related criminal activity, prostitution, criminal street gang activity, assault (including threatening or intimidating other persons in the Resort), battery, including but not limited to the unlawful discharge of firearms or use of illegal fireworks on or near the leased Site, sexual crimes and misconduct, or any breach of the Rental Agreement that jeopardizes the health, safety or welfare of the landlord, his agent(s), or other resident(s), or which involves imminent or actual property damage. Two (2) or more visits by any law enforcement agency within a six (6) month period to investigate unlawful activity by Residents or their guests is grounds for eviction.

    10. Dangerous Acts.Any act which endangers the life, health, safety, property, or peaceful enjoyment of the Resort or its occupants, Residents, employees, agents, or invitees, is a violation of these rules and is grounds for eviction.

  2. ANIMALS AND PETS.

    1. Approval.Pets may be brought into the Resort subject to preapproval by the Resort. All pets must be neutered or spayed, and the pet must have received all required vaccinations and inoculations before entry into the Resort. The Resort reserves the right to restrict certain breeds, or require the removal of individual animals that have displayed aggressive tendencies. The Resort also reserves the right to demand proof of compliance with this section.

    2. Criteria.Any pet must be a true household pet. No agricultural or wild animals, poisonous creatures, exotic creatures, snakes, iguanas, scorpions, spiders, pigs (miniature or full sized), horses, ferrets, or other animals that are not considered ordinary household pets are permitted in the Resort. Feeding or hosting of stray or wild animals is prohibited.

    3. Liability.Residents shall be liable for and shall defend, indemnify, and hold harmless the Resort, its affiliates, directors, employees, agents, and assigns from all personal injury or property damage caused by pets or other animals kept or fed in the Resort.

    4. Additional Restrictions.Pets may not be tied or chained outside without owner present and also outside. Pets are prohibited from the Resort's office and from other Resort buildings. No outside dog houses, dog runs, cages, or other containers of any kind for the retention of pets will be permitted on a Site. All dogs and cats must be kept on a hand-held leash when outside of Resident's recreational vehicle, unless contained within the dog park, according to local law; and must be accompanied by the Resident at all times. All droppings and pet waste must be immediately picked up and properly disposed of; this responsibility includes waste within the dog park area. Residents shall be subject to a clean-up fee for failing to immediately pick up and properly dispose of all droppings and pet waste. All pets must wear a collar with valid and current tags and identify the Resident, including its address and contact information. The Resort may require the removal of excessively noisy or aggressive pets.

  3. RECREATIONAL FACILITIES AND COMMON AREAS.

7. I Assumption of Risk.All amenities and recreational activities offered or hosted by the Resort are solely for the convenience of its Residents and their guests. Residents and their guests hereby assume all associated risks with such activities.

7.2. Laundry Facility.Rugs, carpets, pet bedding, or similar large or bulky items likely to damage the machinery may not be washed or dried using the laundry facility. The Resort shall not be liable for any damage to clothing or belongings caused by use or misuse of the laundry facility.

    1. Boat/Trailer/Unit Storage Area. Boat/unit storage fees shall be paid in advance for the duration of the storage rental period. Storage fees shall be at the current rate as provided in the storage agreement. Users of the storage area are subject to the additional terms and conditions in the storage agreement. Registration is required at the Resort office.

    2. Boat Dock and Lakefront Property.The boat dock and lakefront property are for resident use only. Guests of residents may use these areas but must be accompanied by the resident at all times. Driving or parking on the lakefront grass or shoreline is strictly prohibited. The park is not responsible for any stranded or stuck vehicles. For safety reasons, swimming in the lake is not permitted.

7.5 Smoking.Smoking, vaping, use of tobacco products, or e-cigarettes is not permitted inside any Resort building or structure, including the laundry room, bathhouses, restrooms, and recreation hall, as well as within the swimming pool area or shuffleboard screen enclosure.

  1. MISCELLANEOUS.

    1. Indemnification and Liability of Resort Owner.Resort shall not be liable for any loss of, or damage or injury to, the person or property of Resident, any member of Resident's household or any occupant, guest, or invitee on the residential Site, caused by but not limited to: (a) any condition of the Site; (b) any act, fault, or neglect of any Resident, a member of any Resident's household, or any occupant, guest or invitee of any Resident or of any occupant of the Resort, or of any trespasser; (c) fire, water, steam, rain, hail, wind, flood, sewerage, odors, electrical current, insects, mold, mildew, fungus, or any act of God; or (d) theft or embezzlement, unless any of the foregoing was caused by Resort's active or willful misconduct. Resident does hereby indemnify and hold harmless Resort owner, its affiliates and its and their officers, directors, employees, assigns, and agents from any loss, cost, damage, or expense arising out of any claim or cause of action asserted by any person because of any loss of, or damage or injury to, the person or property of any person caused by any act, default, or neglect of any Resident, member of Resident's household, or occupant of the Site, or of any guest or invitee of any Resident or occupant of the Site.

    2. Amendment of Rules.The Resort reserves the right to amend these Rules and Regulations at any time for any reason the Resort deems appropriate or necessary.

    3. Effect.These Rules and Regulations are established to ensure the health, safety, and welfare of Residents, guests, and staff. These Rules and Regulations do not entitle Resident to any ownership interest in the Resort, nor shall these Rules and Regulations grant the right to participate in any income or distribution, to share in any dissolution, liquidation, merger, or reorganization of the Resort, or to vote on any aspect relating to the business of the Resort.

ADDENDUM "A" 
(55+ Resort)

 55 AND OLDER RESORT.

This Resort is intended and operated for occupancy by persons 55 years of age and older and, as such, adheres to the requirements of the Housing for Older Persons Act of 1995. Consequently, at least 80 percent of the occupied units must be occupied by at least one person who is 55 years of age or older as of the date of occupancy.

B.AGE VERIFICATION.

At the time of application for initial residency, or upon demand of the Resort, all prospective residents and all existing Residents shall be required to produce for inspection and copying, one of the following age verification documents: driver's license; birth certificate; passport; immigration card; military identification; other valid local, state, national or international documents containing a birth date of comparable reliability or a certification in a lease, rental agreement, application, affidavit or other document signed by any member of a household over the age of 1 8, asserting the age of the persons residing therein. 


C. MINIMUM AGE.

The minimum age for all Residents is 55. Notwithstanding the above, the Resort reserves the right, in its sole discretion, to grant exceptions to the minimum age requirements of this rule, while still maintaining compliance with the Housing for Older Persons Act of 1995.

D. ADDITIONAL FEES

Guest/Visitor Fee: Resident shall pay a fee of $___250.00____ ($250.00 if blank) for failing to properly register a guest/visitor and allowing said guest/visitor to stay in the Resort for more than forty-eight (48) hours.  
  
Pet Clean-Up Fee: Resident shall pay a fee of $___350.00____ ($350.00 if blank) for failing to immediately pick up and properly dispose of all droppings or pet waste left by their pets, including within the dog park area.  
  
Site Clean-Up Fee: Should Resident allow Site to become unsightly, Resort may clean the Site and charge Resident a clean-up fee at the greater of $__250.00_____ ($250.00 if blank) or the actual cost to clean the Site or Resort. If employees of Resort perform work, a fair hourly rate will be $50.00 per hour, plus any materials and supplies used or purchased.   
  
Cost of Damages: Resort may charge Resident for any damages that Resident or Resident’s guests/visitors may cause to the Resort, including but not limited to negligent or intentional damage to the Site or any other Resort-owned property. Damage charges may include the actual costs to remedy or repair the Site or Resort owned property back to original condition prior to damage occurring less normal wear and tear. If employees of Resort perform work a fair hourly rate will be $50.00 per hour, plus any materials and supplies used or purchased.   

Cancellations made more than 21 days prior to the scheduled arrival date will receive a full refund, less a $25 cancellation fee.

Cancellations made 8 to 21 days prior to the scheduled arrival date will receive a 50% refund of the total reservation amount. Alternatively, a credit for 50% of the reservation may be issued for a future stay.

Cancellations made 7 days or less prior to the scheduled arrival date are non-refundable.

Refund eligibility is based on the date the cancellation request is received relative to the scheduled arrival date.

If a cancellation is made more than 21 days prior to arrival, a full refund will be issued minus a $25 cancellation fee.

If a cancellation is made 8 to 21 days prior to arrival, 50% of the total reservation amount will be refunded. In lieu of a refund, a credit for 50% of the reservation may be issued for a future stay.

Cancellations made 7 days or less prior to the scheduled arrival date are non-refundable.