RESOLUTION 97-06
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LAKE
ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT TO
APPROVE SWIM CLUB RULES AND THE FORM OF AGREEMENT
REGARDING USE OF SWIM CLUB FACILITIES.
WHEREAS, the Lake St. Charles Community Development District (the "District") has completed
construction of a community swimming pool, clubhouse and related facilities (the "Swim Club"); and
WHEREAS, the District has determined that the adoption of rules for use of the Swim Club is
necessary; and
WHEREAS, the District has determined that an agreement should be used to protect the District
against liability related to use of the Swim Club.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LAKE
ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT:
1. The "Swimming Pool Policies and Procedures" and the "Swim Club Policies and Procedures:
attached hereto as EXhibits " A" and "B", respectively, are hereby approved.
2. The Permission to Use Swim Club and Release of Liability and Indemnification Agreement"
(the "Swim Club Agreement") attached hereto as Exhibit "C" is hereby approved. The Swim Club
Agreement shall be required in connection with any and all group functions for which the Swim Club is
reserved.
ADOPTED THIS 15TH DAY OF DECEMBER, 1997.
Exhibit A:
Swimming Pool Policies &
Procedures
1. The pool facilities are open from dawn until dusk.
2. When issued, resident identification cards must be readily available to District staff when
using the pool facilities.
3. Each household may bring up to five guests for use of the pool facilities but must accompany
their guests at all times.
4. Lifeguards will not be present at the pool facilities. All persons using the pool and other
Swim Club facilities do so at their own risk.
5. Children under the age of twelve must be accompanied by an adult at all times while using
the pool facilities.
6. All persons using the pool facilities shall obey the capacity requirements as defined by
Hillsborough County.
7. Proper swimming attire must be worn while using the pool facilities. (Bathing suits only)
8. Showering is mandatory before use of the pool facilities.
9. No diving is allowed.
10. No floatation devices are allowed in the pool except for water wings used by small
children.
11. No rough housing or chicken fighting is allowed in the swimming pool.
12. No running is allowed on the pool deck.
13. No animals are allowed in the pool facilities.
14. No food or drink is allowed beyond the blue line on the pool deck.
15. No alcohol is allowed in the pool facilities.
16. No glass is allowed in the pool facilities.
17. Radios brought to the pool shall be kept at reasonable volumes in consideration of others
using the pool facilities.
18. Pool furniture shall not be removed from the pool deck area or placed into the swimming
pool.
19. Belongings left in the pool facilities after dusk shall be placed in the clubhouse's "Lost &
Found" for a period of one week. If the item(s) are not claimed, they will be discarded.
Exhibit B:
1. Clubhouse hours are from dawn until dusk unless reserved by a resident.
2. All persons using the Swim Club do so at their own risk.
3. Children under the age of twelve must be accompanied by an adult at all times while in the
clubhouse.
4. Use of kitchen facilities are restricted to persons eighteen years of age or older.
5. No alcohol is allowed on the Swim Club premises.
6. No glass containers are allowed on the Swim Club premises.
7. No furniture shall be removed from the clubhouse at any time.
8. Phone calls at the clubhouse should be limited to local calls not exceeding three minutes in
length.
9. All equipment, furnishings, and property of the District shall be found in the same condition
after use in the clubhouse.
10. Food items left in the clubhouse after dusk will be discarded.
11. Items left in the clubhouse after dusk will be kept in the "Lost &
Found" for a period of one
week. If the item(s) are not claimed, the item(s) will be discarded.
12. All persons using the clubhouse shall obey the Hillsborough County Noise Ordinance and
the capacity limits of the facility as defined by the Hillsborough County Fire Marshall.
13. Residents wanting to make reservations for use of the clubhouse shall contact District Staff
no later than two weeks preceding the date of the reservation requested. District Staff will
then forward a list of the policies and procedures for reserved special events at the clubhouse
to the resident. Use of the facilities for parties or other group functions will require the
execution of an indemnification agreement and a security deposit.
14. Reservations are taken in the order in which they are received by District Staff. (First come
first serve basis)
15. The clubhouse may not be reserved on Holidays.
Exhibit C:
PERMISSION TO USE SWIM CLUB AND
RELEASE OF LIABILTY AND INDEMNIFICATION AGREEMENT
1. Lake St. Charles Community Development District (the "CDD") is the owner of a
clubhouse, swimming pool and related facilities (the "Swim Club"), located within the Lake St.
Charles community in Hillsborough County, Florida
2. The CDD, by its execution of this Agreement, has approved the use of the Swim Club
as described herein, subject to all applicable laws, rules and regulations, and subject to the CDD's
receipt of a security deposit in the amount of $200.00.
3. The undersigned, _________ (the" Applicant"), has applied to
the CDD to use the Swim Club as follows:
PURPOSE: _____
DATE: ________
TIME: ________
MAXIMUM NUMBER OF PEOPLE: ______
4. The CDD has consented to the above use by the Applicant, its agents, employees and
invitees.
5. In consideration of the CDD's permission to the Applicant, its agents, employees and
invitees to use the Swim Club, the Applicant, for itself, its agents, employees and invitees, and any
person or entity claiming by or through them, releases, discharges and acquits the CDD, its agents
or employees, for any and all claims for loss, damage or injury of any nature whatsoever to persons
or property (including, but not limited to, personal injury and death), resulting in any way from, or
in any fashion arising from, or connected with, the use of the Swim Club, in whatever manner the
loss, damage or injury may be caused and whether or not the loss, damage or injury may be caused,
occasioned or contributed to by the negligence, sole or concurrent, of the CDD, its agents or
employees; it being specifically understood and agreed that this release of liability applies to any and
all claims for loss, injury or damage caused solely or partially by the negligence of the CDD, its agents
or employees.
6. As further consideration for the CDD's permission to the Applicant, its agents,
employees and invitees to use the Swim Club, the Applicant, for itself, its representatives and assigns,
agrees to indemnify, defend and hold harmless the CDD, its agents and employees, from any and all
claims for loss, damage or injury of any nature whatsoever to persons or property (including, but not
limited to, personal injury and death) resulting in any way from or in any fashion arising from or
connected with the use of the Swim Club, in whatever manner the loss, damage or injury may be
caused, and whether or not the loss, damage or injury may be caused, occasioned or contributed to
by the negligence, sole or concurrent, of the CDD, its agents or employees; it being specifically
understood and agreed that this agreement to defend, indemnify and hold harmless applies to any and
all claims for loss, injury or damage caused solely or partially by the negligence of the CDD, their
agents or employees.
7. Should any provisions of this agreement be declared or be determined by any court
to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected
thereby and said illegal part, term or provision shall be deemed not a part of this agreement.
LAKE ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT
By: ______
Its:______
DATED: _____
APPLICANT
By: _____
DATED: _____
|