THE DOBSON ASSOCIATION, INC. COMMON AREA GUIDELINES - Adopted by the Board of Directors of the Association on August 17, 2017
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THE DOBSON ASSOCIATION, INC. COMMON AREA GUIDELINES Adopted by the Board of Directors of the Association on August 17, 2017
The Dobson Association, Inc. Common Area Guidelines Table of Contents DEFINITIONS 3 SECTION 1 WATERCRAFT 4 1.1 WATERCRAFT NUMBER 4 1.2 WATERCRAFT MOTORS 4 1.3 WATERCRAFT SIZE 4 1.4 STORAGE ON WATERCRAFT 4 1.5 WATERCRAFT USAGE 4 1.6 WATERCRAFT REGISTRATION 4 SECTION 2 MEMBER DOCKS 5 2.1 MEMBER DOCKS 5 2.2 ALTERNATIVE DOCK CONSTRUCTION 5 2.3 MEMBER DOCK MAINTENANCE 5 SECTION 3 ASSOCIATION DOCKS 5 3.1 ASSOCIATION DOCKS 5 3.2 BOAT SLIP RENTALS 5 SECTION 4 FISHING AND FISHING PERMITS 5 4.1 FISHING 5 4.2 FISHING PERMITS 5 SECTION 5 SWIMMING IN THE LAKES 5 SECTION 6 COMMON AREA USAGE 6 6.1 PETS 6 6.2 ALCOHOL USAGE IN COMMON AREAS 6 6.3 PORTA POTTY / PORTABLE TOILETS AND BOUNCE HOUSES 6 6.4 COMMON AREA STORAGE 6 6.5 VEGETATION ENCROACHMENT 6 6.6 PARKING 6 6.7 FEEDING OF WILDLIFE 6 6.8 FENCING ABUTTING LAKEVIEW / COMMON AREAS 6 6.9 PARK AND RAMADA USAGE 6 6.10 ROOM AND FACILITY RENTAL 7 6.11 NON-RESIDENT COMMON AREA USAGE REQUEST 7 6.12 COURT USAGE 7 SECTION 7 VIOLATION ENFORCEMENT PROCEDURES 7 SECTION 8 KEYLESS ENTRY SYSTEM 7 APPENDIX 8 A. BOAT SLIP RENTAL 8 B. FACILITY RENTAL – RULES AND REGULATIONS 11 C. COMPLIANCE PROCESS 15 D. PARK RESERVATION APPLICATION 16 E. KEYLESS SYSTEM AGREEMENT AND WAIVER 17 REVISION RECORD 19 2
DEFINITIONS “ACC” means Architectural Control Committee. “Association” means and refers to THE DOBSON ASSOCIATION, INC., an Arizona corporation, its successors and assigns. “Cantilevered” means rigid construction extending horizontally beyond its vertical support, a structural element. “Common Area” means all real property owned by the Association for the common use and enjoyment of the members. “In Good Repair” means well taken care of; operating well; normal upkeep. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration (also referred to as “homeowner”). “Operable Condition” means properly performs intended function; in working order; to include operating motor, steering mechanism, and appropriate seating. “Seawall” means the Associations’ common area lake wall. “Structurally Sound” means the structure has the ability to withstand normal forces; is in good condition; solid and strong; free of defects. “Violation” means an infringement or failure to comply with the requirements of the governing documents of The Dobson Association, Inc. “Watercraft” means a vessel that travels on water. 3
SECTION 1 WATERCRAFT 1.1 WATERCRAFT NUMBER All watercraft used on the lakes shall be registered annually, registration expires on December 31 of each year. All watercraft to be maintained in operable condition. On lakefront property, visible from common area / common area lakes, stored watercraft are limited to three (3) per property. 1.2 WATERCRAFT MOTORS Watercraft shall be propelled manually, by sail, or by electric motor of three (3) horsepower or less. Internal combustion engines are not permitted; this includes model craft (battery or electric power). The Association or designated vendors may employ gasoline powered watercraft for maintenance activities. 1.3 WATERCRAFT SIZE Sailboats eighteen (18) feet maximum length. Canoes and kayaks sixteen (16) feet maximum length. Pontoon Boats twenty-eight (28) feet maximum lakes one and seven and eighteen (18) feet maximum all other lakes. All watercraft operated on the lakes shall be powered manually, by sail or electrically (maximum of three (3) horse-power or equivalent). Surfboards, rafts, tubes, or any watercraft which encourage immersion, are not allowed on Dobson Ranch lakes. Watercraft shall be maintained in operating condition. 1.4 STORAGE ON WATERCRAFT Storage of non-nautical items are prohibited. 1.5 WATERCRAFT USAGE Watercraft usage on Dobson Ranch lakes is restricted to residents and their guests unless approved by the Board. Unlicensed watercraft may be removed by the Association. 1.6 WATERCRAFT REGISTRATION All motorized watercraft are required to be registered with the Arizona Game and Fish Department, this is a State of Arizona regulation. All watercraft must be registered with the Dobson Association and must display a Dobson Ranch current permit when on the lakes. The permits’ annual fee is set by the Board. The decals expire on December 31 of each year. Unregistered watercraft or watercraft not displaying current Dobson Ranch registration sticker may be removed by the Association. The code compliance violation enforcement procedure will be followed for unlicensed watercraft. The Association reserves the right to remove the non-compliant watercraft from the lake. State of Arizona and Arizona Game and Fish Department watercraft regulations should be complied with and govern the proper safety items required to be on board each watercraft. 4
SECTION 2 MEMBER DOCKS 2.1 MEMBER DOCKS For each lot which abuts the lake (common area) there is also created an easement for the purpose of construction of a dock over the common areas owned by the Association, said dock to be cantilevered and to extend no more than six (6) feet onto said common area. The plans for said dock shall be submitted in advance of construction to the ACC for prior approval. 2.2 ALTERNATIVE DOCK CONSTRUCTION Floating docks must be properly anchored to the members’ lot and not to the lake bottom, shoreline or seawall. The plans for said dock shall be submitted in advance of installation to the ACC for approval. Alternative docks will be held to the same standards of maintenance as cantilevered docks. 2.3 MEMBER DOCK MAINTENANCE Docks are to be structurally sound and maintained in good repair. SECTION 3 ASSOCIATION DOCKS 3.1 ASSOCIATION DOCKS No person shall block the watercraft launching area or otherwise restrict or prevent access to the launching areas. Association docks are those facilities owned and maintained within Association common areas. 3.2 BOAT SLIP RENTALS Boat slip rentals are available at Association docks in accordance with Boat Dock Regulations and Application; please see appendix. SECTION 4 FISHING AND FISHING PERMITS 4.1 FISHING Fishing on Dobson Ranch is restricted to Association members and their guests. Fishing is catch and release only. Unattended lines are prohibited. Fishing is limited to one line per person and no more than two (2) hooks per line. Gig, spears, explosives, firearms, air rifles, seine nets, traps and bows and arrows are prohibited. Fishing is permitted from the sides of lakes, docks, or from registered watercraft. Entering into the lake or standing on the perimeter shelf of any lake is prohibited. 4.2 FISHING PERMITS A Dobson Association fishing permit must be obtained and displayed outside of clothing while fishing. The annual fee is set by the Board. Children six (6) and under do not need a license but must be accompanied by an adult while fishing. SECTION 5 SWIMMING IN THE LAKES Swimming in Dobson Ranch lakes is strictly prohibited. 5
SECTION 6 COMMON AREA USAGE 6.1 PETS Observe Mesa City “leash law” ordinances and keep dogs on a leash at all times while in the common area. Clean up after your dogs; pet pick-up stations are positioned throughout the Ranch. Do not let dogs swim in the lake. Dogs shall be kept on a leash, and under control, at all times when outside the member’s residence except in the member’s enclosed yard. Even while on a leash, dogs are not allowed to trespass on other properties without the express permission of that member. Any area soiled by a pet outside of the member’s residence shall be immediately cleaned up by whomever is responsible for the pet at the time. Failure to keep dog on a leash or clean up after them will be in violation of this guideline; the code compliance violation enforcement procedure will be followed for enforcement. 6.2 ALCOHOL USAGE IN COMMON AREAS Use of alcohol in common areas must comply with Arizona State Law governing alcohol use without a license. No glass, kegs, or barrels are permitted. 6.3 PORTA POTTY / PORTABLE TOILETS AND BOUNCE HOUSES Porta potties and bounce houses (inflatables) are permitted for temporary use in the common area, as deemed appropriate by the Association, with 10 days advanced notice. A certificate of insurance is required listing the Association as additionally insured. Staking of inflatables is not permitted; sandbags only. Porta potties / portable toilets and bounce houses are to be removed after the event in a timely manner. 6.4 COMMON AREA STORAGE No storage of personal items is to occur on or in the common areas. 6.5 VEGETATION ENCROACHMENT No trees, shrubs or planting of any kind on a member's property shall be allowed to overhang or otherwise to encroach upon any common area from ground or water level to a height of seven (7) feet without the prior written approval of the ACC. 6.6 PARKING Long term parking is not allowed in common area / facility parking lots. 6.7 FEEDING OF WILDLIFE Feeding of wildlife (fish, fowl, feral cats, turtles) is not permitted in the common areas / lakes. 6.8 FENCING ABUTTING LAKEVIEW / COMMON AREAS Where a lake front property owner desires fencing parallel with the shoreline and / or common area, such fence must not be solid for more than a height of three (3) feet. The area above the three (3) foot limit, if desired by the member to be fenced, must be of wrought iron, or similar material. Where fence meshing is desired in order to screen wrought iron sections, material must be approved by the ACC which will determine the aesthetic continuity on a case by case basis. Lake front property owners should be aware that the shoreline is not the lot property line which may, in fact, be set back from the water. 6.9 PARK AND RAMADA USAGE Residents may use common areas and the Laguna Park Ramada area for individual events, if not being used for an Association sponsored event. Reservations for the Laguna Park Ramada are available on a limited basis through the Recreation Department. The resident must attend the event the entire time and 6
comply with all Common Area Guidelines. Common areas are intended for the primary use of Association residents. 6.10 ROOM AND FACILITY RENTAL Reference “Facility Rental Rules & Regulations” rental contract. Table and chair rentals request are made during administration hours (except for holidays) at La Casita Recreation Center. Equipment Rentals (snow cone machine, popcorn machine, party trailer) can be rented up to 72 hours of desired rental time. Room rentals within 10 days of desired rental date are subject to Recreation Business Hours, rentals cannot exceed posted hours. Room rentals must be cleaned and inspected in the last hour of operation for timely departure. Rentals that extend beyond the Recreation Business Hours are subject to additional charges. All rentals are subject to availability. 6.11 NON-RESIDENT COMMON AREA USAGE REQUEST Non-resident request for lake usage from an organized group, is subject to approval by the Board, and must be consistent with the Common Area Guidelines. 6.12 COURT USAGE The Dobson Ranch Tennis courts are for exclusive use of residents and guests or approved leagues, and of the Association tennis professional. Other professionals are not to teach classes, lessons or clinics on Association courts; no outside tennis professionals are permitted on Association courts. Tennis lessons are available with the Dobson Association tennis professional; to be scheduled through the Recreation Department. Tennis and pickleball leagues must have at least one resident playing member / designee per session, no non-resident leagues. One (1) resident should be on the court at all times. Non-residents will be charged $20.00 per session up to six (6) months and must provide waivers. League rosters with names and addresses must be submitted prior to play. SECTION 7 VIOLATION ENFORCEMENT PROCEDURES See appendix of violation enforcement procedures. SECTION 8 KEYLESS ENTRY SYSTEM AGREEMENT AND POLICY Reference appendix for keyless entry system agreement and policy on fob and smartphone access to gated common areas such as pools, tennis courts, and pickleball courts. 7
APPENDIX Boat Slip Rental Application Administrative use: Year: ________ New Application: ___________ Boat Slip Renewal: ___________ Name: ________________________________ HOA account number: __________________ Address: ______________________________________________________ Mesa, AZ 85202 Email address: _________________________________________________________________ Telephone: Residence: ________________ Work: ________________ Cell: ________________ Type of boat: _______________ Model number: _______________ Make: _______________ Length of boat: ____________ Colors: _________________ Boat name: ________________ Motor size: ____________ Year of boat: ____________ Current boat permit # ____________ Administrative use: Total Fee for rental __________________ Receipt # ______________________ I agree to indemnify, defend and hold harmless the Dobson Association and its staff, and its members, agents, or employees from all claims, damages, losses, injuries and expenses arising out of or resulting from rental or usage of a slip. It is the responsibility of Renter to know and follow all Boat Slip Rental Policies adopted by the Dobson Ranch Homeowners Association. I have received and agree to comply with all the Association policies as adopted by the Board of Directors. __________ (renter initials) The Association is not responsible for damages caused by theft, fire, vandalism, collision, natural disasters, or water levels which may cause damage to or destroy Renter’s boat, watercraft, or personal property stored therein. I agree to lease Slip # __________ at Saratoga Dock-Saratoga Recreation Center, 2345 S. Saratoga from __________ to __________. The total fee for this space is $50.00 per month. Payment must be paid in advance for the entire year, and if lease is cancelled early for any reason by either party, the renter acknowledges that there is no refund of rent. Watercraft/boat must be removed from slip the day this agreement expires if not renewing for another year. Any boat slip that remains unoccupied for more than 30 days will be forfeited by the renter and reassigned. Exceptions will be allowed for up to 90 days if written justification is received and agreed upon by the Association. The gate to the dock shall remain locked at all times. Renter and only those persons in Renter’s group are entitled access through the gate. Renter takes full responsibility for persons in Renter’s group or guests while at the dock, and the recreation center. Renter shall not sublet the boat slip or allow other persons to use the boat slip without the prior written consent of the Dobson Ranch Homeowners Association. Renter shall not use any boat slip other than the boat slip which is the subject of this agreement and shall not change boat slips at any time during this term of the agreement. Renter shall not tie a boat or watercraft so tightly to the boat slip that there is damage to the boat slip. Renter is responsible for such damage to the boat slip or damage to any other boat or watercraft in the dock area caused by Renter, or Renter’s boat or watercraft. Renter understands that all boats and/or watercraft must properly be secured and they are responsible for any damage caused by their vessel and that the Dobson Ranch Homeowners Association personnel may board and move your boat at any time in the interest of safety and security. _________________________________________ ______________________________ Renter Name (DR Homeowner) Date 8
DOBSON RANCH BOAT DOCK REGULATIONS 1. Rental of slips is available to Dobson Ranch members in good standing on an annual basis. To be a member in good standing, one must make timely payments of all assessments and fees and adhere to all Dobson Association rules and regulations. The member may not transfer, sublet, assign, or permit use of their slip by any other individual. 2. All connections made to the boat dock receptacles must be grounded and U.L. approved. Wiring must be of adequate size for power provided. 3. Unauthorized signage is not allowed to be displayed on any boats docked in the rental slips. 4. All alcohol beverage consumption is prohibited on any boat while docked at the rental slips or docked at any common area. 5. For the residents surrounding the dock area, a Quiet Time will be observed between the hours of 10 pm and 8 am. Entering and leaving the dock will be permitted, however, excessive noise will NOT be tolerated. Abuse of noise violations could lead to eviction of slip rental and termination of rental contract, and rental fees paid will not be refunded. 6. Members shall be familiar with and adhere to all rules and regulations, and are responsible for guests; assuring the regulations are also followed by their guests. 7. Sale of any product or service, including chartering, is not permitted on Association property. 8. Use of any Association facility or service is at the owner, member or user’s risk. 9. Damage to Association property by members or their guests, through misuse, will obligate the member to replace or repair damaged property. 10. Failure to comply with any rule, regulation or stipulation may result in termination of contract or eviction from rental slip. 11. No additions, deletions, or modifications may be made to a slip facility, except as approved in writing by the Board or the Executive Director. 12. Dock gate is to be kept locked at all times except during the entry/exit. For safety and security of members boats, the gate is not to be propped open. Lock combination are for dock rental members only and to help insure safety of your watercraft, do NOT give these numbers out to friends, relatives or the general public. 13. No BBQ’s are allowed on the docks or on boats on the lake. Skate boards, roller skates, bicycles and similar wheeled devices may not be used on the docks. 14. The Board reserves the right to: a. Refuse dock space or assign dock space to any craft. b. Modify or suspend dock rules. 15. All pertinent Association Guidelines are to be observed. Boat slip rentals are for motorized boats a minimum of fifteen (15) feet but no more than twenty-eight (28) feet. 9
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B. Facility Rental – Rules and Regulations Dobson Ranch Facility Rental – RULES & REGULATIONS The recreation facility located at La Casita Recreation Center has three spaces available to rent. Two are indoors, Chica and Grande rooms and one outside, the Entertainment Area. The Saratoga Recreation Center has one small meeting space. Please understand the Dobson Ranch Homeowners Association activities, events and meetings take precedent over the scheduling of rentals at the facility with a 30 day advance notice. Table and chair rentals request are made during administration hours (except for holidays) at La Casita Recreation Center. Equipment Rentals (snow cone machine, popcorn machine, party trailer) can be rented up to 72 hours of desired rental time. Room rentals within 10 days of desired rental date are subject to Recreation Business Hours, rentals cannot exceed posted hours. Room rentals must be cleaned and inspected in the last hour of operation for timely departure. Rentals that extend beyond the Recreation Business Hours are subject to additional charges. All rentals are subject to availability. La Casita Grande, Chica and Saratoga rooms: 1. All facility reservations require submission of a Facility Reservation Form and approval prior to use. Forms are available at La Casita Recreation Center or online, and are taken on a “first-come, first-serve” basis, and will be confirmed upon full payment of the refundable security deposit. 2. The Dobson Ranch resident must be in good standing in order to rent the facilities. The responsible parties completing the reservation must be in attendance during the entire length of the rental and understands if he/she leaves the event, the event will end, and the deposit will be forfeited. 3. The use of the facilities by Association residents may be restricted at the discretion of the Recreation Department for delinquent Association dues, violation of rules or deliberate abuse of the recreation facilities or common areas. 4. Dobson Ranch residents renting the facility must be at least 18 years of age and non-residents must be 21 years of age. The La Casita Pool Entertainment Area rental is for residents only. 5. All facility reservations require an official contract that must be made through the Recreation Department Office and must be signed by the Recreation Coordinator and/or Manager, prior to use. 6. To reserve your space, the required security deposit is due from the Facility renter, at the time of filling the contract out. The security deposit will be refunded 10 business days after the rental. 7. Reservations may be made up to 12 months in advance. Reservations may be cancelled up to 14 days before a scheduled event and all deposits will be refunded. Any reservations cancelled less than 14 days before a scheduled event shall forfeit all deposits. 8. To allow residents an opportunity to host their event at our Association properties, there is a limit for the non-resident rentals to no more than three rentals a month. 9. Events that are held at Dobson Ranch Homeowners Association require a copy of the responsible parties Declaration Page of Homeowner or Renters Insurance, for the address on the contract. Dobson Ranch Homeowners Association must receive the total rental cost set forth on the rental contract and proof of insurance(s) no less than 14 days prior to the reservations date by the responsible party. Failure to make payments may result in forfeiture of deposit and cancellation of the reservation. 10. Rental Fee payments are not collected until a copy of the Declaration Page of Homeowner or Renters Insurance, Special Event Insurance (alcohol only), Certificate of Insurance from outside vendors (when applicable), Room Layout, and signed Rules and Regulations form are received from the responsible party. The Dobson Ranch Association must receive the aforementioned documents no less than 14 days prior to the reservations date by the responsible party. Failure to make payments and supply insurance(s) may result in forfeiture of deposit and cancellation of the reservation. 11. A certificate of insurance must be submitted for all outside vendors no less than 14 days prior to the event date. Outside vendors include but are not limited to, food caterers or inflatables. 12. If your event includes the service of alcohol, other than beer and wine, a licensed professional bartender with a liquor license must be hired and provide a certificate of insurance for $1,000,000 naming the Association as the additionally insured OR the responsible party may purchase an additional special event insurance policy from an insurance company to cover the event. Proof of insurance will be required. Alcohol cannot be sold by any party on Dobson Ranch premises. 11
13. Serving alcoholic beverages requires the presence of an off-duty police officer for the entire rental period. The Dobson Association will hire the officer at an additional cost to the responsible party, payable with the room rental payment. The responsible party cannot secure or provide their own security. Alcoholic beverages must be served in plastic or aluminum containers. 14. The Association will not be responsible for lost or stolen items. 15. The Association cannot be held responsible for unforeseen mechanical or water chemistry problems associated with heating/cooling, kitchen equipment, BBQ, swimming pools and splash playground or electrical failure. Dobson Ranch Homeowners Association will make every effort to maintain all equipment and maintain water safety according to Maricopa County Environmental Pool Regulations. 16. Any outdoor sound system must be shut down by 10 pm and there may be a request to reduce the level of indoor sound if there are complaints. Excessive sound could result in early termination of your event and loss of deposit. 17. Smoking is prohibited in any form in common areas, rental facilities, and buildings. 18. Occupancy – Total participants must not exceed the maximum room capacity. This includes both inside and outside facilities. Outside pool and common area will remain open during business hours to Dobson Ranch residents during your scheduled event. The pool use is not exclusive to your rental. 19. Tables, chairs or other objects may not block or impede the flow of traffic in or out of any exits to or from the building, per Fire Code. 20. Tables and chairs are to be used indoors for inside rentals. The Entertainment Area tables and chairs are intended to stay in the designated area and are approved to be outside. 21. Facility renter is responsible for SUPERVISING all guest including children. 22. The facility renter shall arrange for all pickups and deliveries to be made the day of the event, during the time the facilities are reserved. All material, products and decorations provided by you, your caterers, beverage service, rental suppliers, musicians, etc. must be removed by the exit time listed on the contract. We cannot provide storage for any event supplies prior to or after the rental time of the event. 23. Decorations must be hung only with preapproved products such as Wacky Tacky or 3M On-Command or similar product that won’t cause damage to walls (on drywall only) no products on brick. ABSOLUTELY NO tape, nails, staples, tacks, glitter or confetti allowed. No tape on windows. No bird seed or rice allowed. No decorations may be hung from the Grande or Chica room ceilings. 24. Aside from birthday candles and chaffing dish sterno, all other candles or flammable devices are not permitted. 25. No Skateboards, rollerblades, roller-skates, scooters, bicycles, shoes with wheels, tricycles, etc. are not permitted inside the facilities. 26. Facility renter is to remind all guests using the pool in conjunction with any room rental or using the inside restrooms, must be completely dry before entering the facility and/or room. 27. All spills on the wood floor in the Grande, Chica and Saratoga rooms must be cleaned up immediately and reported to staff using specified cleaning products. Water may not be used on the wood floors. 28. La Casita pool has a designated entertainment area that is available for rent, but rental does not allow for exclusive use of the pool. Food and beverage must be restricted to the enclosed fenced-in area. No glass or alcohol is permitted in the pool area. All Maricopa County Environmental pool rules will be enforced. 29. All Dobson Ranch swimming pools and splash playground area are swim at your own risk. No lifeguard is on duty. 30. Ice Chests, *wet bars, ice machines, *margarita/daiquiri machines, *beer kegs, water coolers, etc. may not be placed directly on the room floors. These items must be placed on a water proof barrier between the item and the floor. The * items are not allowed in the Pool Entertainment Area. 12
31. Any and all damages to the facility, including the floor, will be charged to the responsible party listed on the contract. In addition to the security deposit being forfeited, the responsible party will be responsible for the additional cost of replacement and/or repair determined by the Dobson Association. 32. Basic cleanup of the areas rented is required by the responsible party. Basic cleanup includes, removal of all decorations and placement of trash and debris in proper receptacles and cleanup for all outside vendors. All renters are responsible for cleaning and leaving the facility in its original condition at the time of use or rental. If upon arrival, there is an issue with cleanliness of the facility, the responsible party should contact staff on duty to address the issue. 33. Failure to comply with the above rules and regulations may result in the loss of security deposits and denial of future use. 34. No Animals allowed in the Dobson Ranch facilities. La Casita Pool Entertainment Area: All above rules apply except lines 12 and 13 including the Following: 35. The rental includes two 6’ rectangle tables, 15 folding chairs and a BBQ griddle. I, ___________________ acknowledge and received the guidelines in cleaning the BBQ Griddle and will follow the required procedures. _______(Initials) Dobson Ranch table and chairs/machine rentals: 36. Lines 1-7 and 33 37. All equipment rented is not returned to the Association in clean and working condition your security deposit will be forfeited. Pontoon Boat Rental Terms and Conditions: 38. Rental and usage of the Dobson Ranch Pontoon Boat is available only to residents in good standing. Residents signing this agreement must reside in Dobson Ranch at the time of the pontoon ride. A copy of the signed agreement and payment upon booking the reservation is required. A copy of the Homeowner Insurance Declaration Page is required along with this signed agreement and payment upon booking the reservation. 39. Cruises are scheduled according to staff availability. 40. The rental fee is $35.00 per hour with a 2 hour maximum. 41. Reservations require a 7 day advance notice and are subject to staff availability. Payments for reservations, which are cancelled less than 72 hours prior to the reservation date, will be forfeited. Management reserves the right to cancel any reservation if misrepresented in any way or due to circumstances beyond its control including but not limited to weather conditions, mechanical problems, or staff unavailability. 42. At ALL times, cruises are governed by weather conditions such as wind, rain, and lightning. In these instances, a full refund will be provided. 43. The pontoon boat accommodates up to 10 guests or 1555 lbs. – whichever is reached first. A driver is provided by Dobson Ranch for liability reasons. Children under the age of 14 must be accompanied and supervised by an adult and children age 12 and younger must wear provided life vests at all times on the boat, maximum of 5 children ages 12 and younger on one tour. 44. Food and beverages, in non-breakable containers, must be noted on the contract by the Recreation Coordinator/Director prior to the boat ride. 45. Smoking and pets are not permitted on the Pontoon Boat. Fishing is not permitted while boat is underway. 46. No standing while the tour is in process. Must follow directions of tour guide at all times. 47. Resident agrees to fully protect, indemnify, defend and hold harmless from all liabilities, The Dobson Association, Inc and its representatives, including but not limited to all loss, cost, injury, claims, and damages arising from the use of the Pontoon Boat. 13
Resident also agrees to compensate The Dobson Assoc. for any damages or repairs caused by actions arising from guests or self while using the Pontoon Boat. I, ________________________________ have read and understand the policies set forth by the Dobson Ranch Homeowners Association. I also agree to hold harmless and indemnify, and defend the Dobson Ranch Homeowners Association, its officers, agents, and employees against any claim or loss for personal injury or property damage resulting from use of the facility. I will be in attendance the entire length of the event, and understand that if I leave the event the event will end, and the deposit will not be returned. I agree that I will be responsible for any damage done to Association building or facilities and additional charges may be applied to my reservation. I accept full responsibility for the conduct of my guests, adults and minor children. If my event does not end at the scheduled time I understand I will be responsible for additional charges. I have read and fully understand all of the terms and conditions set forth in the Rental Agreement and this contract, and I agree to adhere to all policies by signing this contract. _______________________________________________ ________________________________ Facility Renter Signature 14
C. Compliance Process: 15
D. Park Reservation Application: 16
E. KEYLESS SYSTEM AGREEMENT & WAIVER The Dobson Association, Inc. 2719 S. Reyes, Mesa, Arizona 85202 Phone: 480-831-8314 The common areas at The Dobson Association are open as established by the Association, for use by residents and authorized users of the Association. To become a Member eligible to use the common areas, an individual must be at least 18 years of age and: • Be (1) named on a current deed of a property in the Association or (2) a tenant whose name is on a current lease of a property, or (3) be authorized by eligible member of the Association. • Be current in regards to payment of all assessments and/or fees owed to the Association. • Complete and sign this agreement and waiver form, and submit it to the Association Office. INFORMATION ABOUT APPLICANT Applicant Name I am at least (First, Middle, Last) 18 years of age ☐ Yes ☐ No Home Email Address Address Phone Fob Fob Number Number(s) Number(s) □ Owner (name on a current deed) □ Designated Agent RELEASE, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT DISCLAIMER: Not withstanding Arizona regulatory statute, the Association is not responsible for any injury, including but not limited to death, or loss of property to any person suffered while on the premises or participating in the use of the common areas for any reason, including, but not limited to, the utilization of any equipment or the playing, practicing or watching of any activity occurring in or about the common areas. Not withstanding Arizona regulatory statute, in consideration for my participation in and the use of the common areas, I hereby release and covenant not to sue the Association, its affiliated or related entities, officers, directors, agents, representatives, servants, and employees from any and all present and future claims resulting from ordinary negligence and inherent risk of use of the facilities and equipment of the common areas, including, but not limited to, any loss, injury, damage, or liability sustained by me while on or about the premises. I am fully aware and understand that the Association does not have on or about the common areas, or employ or contract with any medical services, provisions for ordinary or emergency medical services. I am also fully aware and understand that such losses, injury, disability or death may result from the actions, inactions, or negligence on my part, on the part of the Association, on the part of others, the rules of play, or the condition of the premises and equipment. I agree that immediately prior to participating in any activity occurring in or about the common areas, I will inspect the facilities and equipment to be used, and if any defect is apparent, I will not use the facility or equipment and I will immediately notify the Associations of the defect. To the fullest extent of the law, I further hereby agree to indemnify, save, defend and forever hold harmless the Association, its affiliated or related entities, officers, directors, agents, representatives, servants, and employees from any and all liabilities, damages, costs, penalties, fines, fees, losses, suits, demands, causes of action, judgments, obligations, claims and expenses, including but not limited to reasonable attorney’s fees and associated costs (whether pre- trial, at trial, mediation or at arbitration and/or in connection with any appeals) incurred, sustained, arising out of or connected with any injury to person or property however caused, or from any matter whatsoever arising from or in connection with my use of the common areas facilities or equipment, or for any injury, including but not limited to death, or loss of property to any person suffered while on the premises of the facilities for any reason, including, but not limited to, the utilization of any equipment or the playing, practicing or watching of any activity occurring in or about the common areas, wherever, whenever, or however the claims may arise including, but not limited to, travel to and from the common areas. I assume all of the foregoing risks and accept personal responsibility for any and all damages and loss following any loss of property, injury, permanent disability or death resulting therefrom. I HAVE READ AND FULLY UNDERSTAND THE ABOVE RELEASE, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, AND SIGN IT VOLUNTARILY. REQUIRED SIGNATURE Signature of Date Applicant Signed Key Fob Agreement & Waiver 03/02/2017 17
SECTION 1 KEY FOB / SMARTPHONE APPLICATION DISTRIBUTION AND ACTIVATION 1.1 REPLACEMENT OF CURRENT KEY SYSTEM The current “Homeowner Key” system for access to certain Association facilities will be replaced with a cloud based Fob System beginning September 2017. 1.2 KEYLESS SYSTEM AGREEMENT An Association Keyless System Agreement must be signed by the current property owner of the address to which it is registered or by their officially designated agent. Facility use privileges may be assigned to a tenant, residents children or guests, or retained by the member. 1.3 INITIAL KEY FOB / SMARTPHONE APPLICATION DISTRIBUTION Upon implementation, a maximum of one key fob and one smartphone application or two key fobs will be issued to each property free of cost. Additional fobs up to five (5) total may be obtained with a charge of $10.00 each. Key fobs will not be reissued each year and must be retained. 1.4 KEY FOB REPLACEMENT Key fobs are replaceable, not to exceed two fobs per year, if damaged fob is returned. SECTION 2 KEY FOB USAGE 2.1 KEY FOB / SMARTPHONE APPLICATION USE BY UNAUTHORIZED PARTY Fobs / smartphone applications found to be in the possession of any party other than the authorized user will be confiscated or access will be removed from the system. 2.2 FOB / SMARTPHONE APPLICATION ACCESS DEACTIVATION Fobs and / or the smartphone application may be deactivated by the Association for various reasons not only limited to vandalism, non-payment of Association dues or violations of community documents. 2.3 SYSTEM RECORDS The system records the time of entry and exit of all persons using the key fob / smartphone application; it allows the Association to retain an accurate account of who is currently in each area of the facility including the date and time. The purpose of the system is to ensure that unauthorized people are not utilizing the facilities. In addition, valuable data will be recorded on facility usage to help guide future facility decisions. Data shall not be shared with companies.
THE DOBSON ASSOCIATION, INC. COMMON AREA GUIDELINES REVISION RECORD Policy History/Predecessors Board Approval Date Written/Revised by 6.10 Room and Facility Rentals September 21, 2017 Board of Directors 3.18 Boat Slip and Facility Rentals February 15, 2018 Board of Directors 19
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