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Pool Use Agreement
This Pool Card AGREEMENT (the “Agreement”) is by and between Lakeway Rough Hollow Master Community Association and Rough Hollow South Shore II Master Community and Lakeway Highland Village Master Condominium Community (the “Associations”), Rough Hollow Development, Inc. (the 'Developer') and (“Resident”), whose address is listed below
and is as follows:
ARTICLE I: DESCRIPTION OF PROPERTY
In consideration of Resident’s promise to perform Resident’s obligations under
this Agreement, the Association is providing Resident with a Pool Fob (“Fob”)
described in the incorporated list. The use of the Fob is for convenience
only. The Fob is to be used by Resident, or anyone who co-owns with the Resident,
property within the Rough Hollow subdivision or anyone residing at
Resident’s home. The Association reserves the right to deactivate the FOB without notice to
1. The Resident allows an unauthorized person to use the Fob.
2. The Resident or anyone using the Fob violates the Association's Restrictions, as that term is defined in the
Master Declaration of Covenants, Conditions, Restrictions, and Home Owners Association.
3. The Resident or anyone using the Fob is delinquent in the payment of any regular or special assessment to the
Association by more than 60 days.
Resident may retain possession of the Fob unless and until Resident no longer owns property within the Rough Hollow subdivision or until the
Association requests return of the Fob. The Fob shall remain the property of the Association and the Association shall have the absolute right to recover the Fob from Resident at any time.
ARTICLE II: FEES: Two Fobs will be provide to owner at the time of purchase of a home. Additional Fobs may be leased from the Association for each a non-refundable convenience fee of $25.00 each, this price being subject to change.
ARTICLE III: ACCIDENT, LOSS OF, OR DAMAGE TO FOB
If the Fob stops working or is damaged, lost, stolen, or destroyed as a result of its operation, use, maintenance, or possession, the Resident must notify the
Association of the occurrence as promptly as possible so that it can be deactivated. Upon timely notification to the Association, the Resident may
lease a replacement unit from the Association for the then existing convenience fee. The Association makes no implied or express representations or warranties
of any kind whatsoever regarding the Fob. Resident understands that no affirmation of the Association, by words or actions, shall constitute a
warranty of any kind whatsoever. In addition, resident understands that replacement Fob may be leased at the current convenience fee.
ARTICLE IV: DAMAGES AND REMEDIES TO THE ASSOCIATION
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ACTUAL, SPECIAL,
CONSEQUENTIAL, ACCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR LOST
PROFITS WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
IF THE RESIDENT IS IN DEFAULT, THE RESIDENT MUST REIMBURSE THE ASSOCIATION FOR
ALL REASONABLE EXPENSES OF REPOSSESSION AND ENFORCEMENT OF THE ASSOCIATION’S
RIGHTS AND REMEDIES, INCLUDING ANY REASONABLE ATTORNEY FEES INCURRED BY THE
ARTICLE V: TERMS OF AGREEMENT
This Agreement shall terminate by mutual agreement of the parties. This Agreement will also automatically terminate in the event of any action by the
Association to recover the Card as provided under Article I.
I am a property owner in Rough Hollow and I agree to the terms and conditions listed above.:
This is a replacement Fob.:
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