SCHEDULE A: Riverview Park and Resort regulations and agreement
THIS AGREEMENT made and executed this __________ day of _____________, 20____, by and between RIVERVIEW PARK, LLC., a Nebraska Limited Liability Company
(hereinafter referred to as “Lessor”) and the individual/entity named above (hereinafter referred to as “Lessee.”)
____1) TERM: The lease term shall be for the recreation season listed in annual addendum, which extends for a period stated in annual lease agreement (hereafter referred to as “Recreation Season”), weather permitting.
____2) Fees, deposits, and dues:
a) A Non-refundable deposit due by September 30 for the upcoming season to reserve boat slips and Lot leases outlined in the annual lease agreement.
Deposit amount is outlined in annual lease agreement. If said Lessee does not pay deposit in full, a $50.00 late payment fee will be assessed (NO EXCEPTIONS). If said Lessee does not pay deposit in full by November 15 of year outlined in annual lease agreement any payments toward the deposit are nonrefundable, and Lessor may release said spots outlined in annual lease agreement for other rentals.
b) The rent for the term of this lease shall be listed in annual lease agreement payable upon signing of the lease. If the lease is renewed, the full amount of rent shall be due by terms of annual lease agreement.
c) The rent payment and deposit are nonrefundable in the event the Lessee does not remain for the full resort season for any reason.
d) If the entire amount due for rent is not received on or before March 15 of the year outlined in annual lease agreement a $100 fee will be assessed (NO EXCEPTION). If full payment is not received by April 1st of the year outlined in annual lease agreement Lessee will forfeit any monies paid including deposits or other fees paid and Lessor will re-rent the spots outlined in annual lease agreement to other persons.
e) Lessee is responsible for payment for new keys each year at a cost of $20.00 for each key. New keys will not be issued until full payment is received. Once payment in full has been received and a signed lease has been received at the office, said keys can be purchased. Further, Lessee will not be allowed to place any property on the premises until all dues are paid in full.
f) A $35.00 fee will be charged for insufficient funds checks.
____3) Renewal:
a) Any renewal of this lease shall be strictly contingent upon renewal of the Annual Lease Agreement to which this document is an addendum
b) If the annual lease agreement is renewed, a nonrefundable deposit shall be due by September 30 to reserve the lots and boat slips for the following season. If payment of said deposit is not made by September 30, a $50 late fee will be assessed (NO EXCEPTION). If payment of said deposit is not made by November 15 of annual lease agreement year, Lessor will release for rental by another.
____4) Termination:
a) Should the annual lease agreement not be renewed for any reason, Lessee shall restore property to substantially the same condition as when Lessee originally leased the property outlined in annual lease agreement.
b) Lessee shall remove all personal property within 30 days of the notice of nonrenewal or termination.
c) If Lessee does not remove said property within 30 days, Lessor shall have the right to commence with eviction proceedings.
d) Lessee shall reimburse Lessor for any costs, including attorney’s fees, associated with such proceedings. Lessee shall also reimburse Lessor for any repairs required to return the property defined in annual lease agreement to the condition it was in prior to Lessee leasing the property.
____5) Sublease: The Lessee shall not sublet his/her/its space without the prior written consent of the Lessor. If Lessor approves of said sublease, a $100.00 transfer fee will be charged.
____6) Maintenance:
a) Lessee shall not install stoves or heaters of any type and shall be liable for any damage to the property of the Lessor.
b) Lessee shall be responsible for the upkeep and maintenance of the property outlined in annual lease agreement.
c) Should Lessor be required to perform maintenance on the property due to Lessee’s use of the property, Lessee shall reimburse Lessor for all reasonable costs associated with such maintenance.
____7) Indemnification:
a) The Lessee shall indemnify and hold harmless the Lessor from and against any and all claims, demands, causes of action, costs, and/or expenses of any kind, including attorney fees, arising out of any act or omission or the lessee.
b) Lessor shall not be liable for fires, theft, damage, or other vandalism to the property of the Lessee.
____8) Use of Premises:
a) Boat slips: Lessees who have paid for boat slips must park their trailers only in specified areas. No one may park their boat or personal watercraft trailers on lots. Leasing of boat slip does not guarantee use of river, since the river flow is controlled by the Corps of Engineers. There will be no discount or refund due to low water levels or inability to use marina, canal, or river.
b) Recreational Lot: The Lessee may use and occupy the leased premises for the purpose of placing a recreational vehicle or trailer thereon and all uses associated therewith. The Lessee shall be entitled to use the premises for recreational use only and shall not use the premises for any other purpose without the expressed written consent of Lessor. Further, the Lessee shall not use nor allow, nor permit the use of said premises for any unlawful, immoral, or objectionable purposes; nor permit anything to be done which will create a fire hazard or nuisance. Lessee must comply with all applicable laws, regulations, and directions of governmental authorities. Lessee shall not permit anything to be done in or on the leased property, which will in any way violate any governmental laws or regulations, and Lessee cannot occupy lot until lease is paid in full. If Lessee allows any objectionable situations to arise, Lessee will either be warned by oral communication or by certified letter or be removed from premises permanently.
Other Lot Specific Agreements
THIS AGREEMENT made the date above written by and between RIVERVIEW P ARK, LLC., a Nebraska Limited Liability Company, (hereinafter referred to as “Lessor”) and the individual/entity named above (hereinafter referred to as “Lessee.”)
____9) LEASED PREMISES: Lessor, in consideration of the covenants of the said Lessee hereinafter set forth does by these presence lease to the said Lessee, a recreational vehicle parking space in Riverview Park, LLC, Blair, Washington County, Nebraska. Said space is referred to as Lot number outlined in annual lease agreement.
____10) LEASE Term: The lease term will be outlined in annual lease agreement. Lessee and lessees’ guests may use the property for recreational purposes only during term outlined in annual lease agreement. No additional RV’s, Boats, Wave Runners, Trailers, or other personal effects are to be left on the leased lot during off-season. The Lease lot is only for one RV per lot, and not to be used as storage for any other personal effects. Should Lessee leave his\her\it’s property during the off-season, Lessor will provide lessee written notice at address listed in annual lease agreement to remove property within 10 days from notice. If said property is not removed by lessee in 10 days lessor will treat the property as abandoned and may sell, retain, or in any way Lessor sees fit dispose of said property at the Lessor’s sole discretion.
____11) LESSEE’S ACCEPTANCE OF PROPERTY: At the commencement of the Lease term, Lessee shall accept the leased premises in their existing condition. No representations, statements, warranties, expressed or implied, have been made by or on behalf of the Lessor as to such condition, or as to the use that may be made of such property. In no event shall the Lessor be liable for any defect in such property or for any limitations on its use. Lessee understands that there may be special events, concerts, or other occasions conducted on site or vicinity of property that may or may not impact Lessee’s daily routine. These events may or may not extend past normal quiet hours. Lessee will be responsible to pay for attending these events, and it is understood that under no circumstance is Lessee entitled by this lease to attend for free. Furthermore, Lessee is responsible for disposal of all items on the lot Lessee is leasing. No dumping of items around dumpsters. All large items will need to be hauled to the landfill at Lessee’s expense. Lessee may use dumpsters for garbage bags only. Also, if Lessee fails to renew his/her/It’s lease by September 30 of last year the lot was leased by Lessee, all items on his/her/It’s lot will be considered abandoned and become the property of the Lessor for Lessor to sell, retain, or in any way Lessor sees fit dispose of said property at Lessor’s sole discretion.
____11) Alterations: The Lessee shall not have the right to make any alterations or improvements on the leased property unless prior to commencement of any such alterations or improvements, the Lessee shall have procured the written consent of the Lessor. Before written consent will be considered by the Lessor, Lessee shall deliver to Lessor a complete written plan for such alterations or improvements. If written consent is given:
a) No change or alteration shall at any time be made which shall impair the structural soundness or diminish the value of the leased property.
b) All tree removal on said premises needs written authorization from the main office once a plan has been received from Lessee. Furthermore, Lessee will be responsible for all cost associated with its removal and disposal. At no time will Lessor be responsible for any cost associated with a tree removal or disposal.
c) All boats, trailers, and personal effects must be removed by October 30 of each lease year. This is not a storage facility. None of these items are to be left on the grounds. If items are left, they will be towed at Lessee’s expense and be stored where the respective towing company sees fit. Lessor shall not be responsible for any damage caused to the property, nor shall Lessor be responsible for any towing or storage fees.
d) All work done in connection with any change or alteration shall be done in a good and workmanlike manner and in compliance with the Building and Zoning laws, and with all other laws, ordinances, orders, rules, regulations, and requirements of all Federal, State and Municipal Governments, and appropriate departments, commissions, boards, and officers thereof.
e) Any alteration, addition, or improvement made by the Lessee shall remain the property of the Lessee unless removal of said property would in any way materially damage or impair the leased premises, which in such event said property shall become the property of the Lessor. In addition, in the event Lessee fails to obtain the written permission prior to the commencement of any alterations, additions, improvements or changes in or to the premises, such alterations, additions, or improvements shall become the property of the Lessor and shall remain on the premises at the termination of the Lessee’s tenancy. Failure to obtain prior written approval may result in lease termination.
f) No decks of any kind are allowed. Lessees constructing decks in violation of this rule will be subject to lease termination and forfeiture of any sums paid under this agreement
g) No wood fencing or fencing permanent in nature, of any kind or material, is allowed
h) No metal sheds or other storage units or lockers are allowed. Only plastic sheds, storage units, or storage lockers are permitted.
____12) USE OF LEASED PREMISES: The Lessee may use and occupy the leased premises for the purpose of placing a recreational vehicle or trailer thereon and all uses associated therewith. The Lessee shall be entitled to use the premises for recreational use only and shall not use the premises for any other purpose without the expressed written consent of Lessor. Further, the Lessee shall not use nor allow, nor permit the use of said premises for any unlawful, immoral, or objectionable purposes; nor permit anything to be done which will create a fire hazard or nuisance. Lessee must comply with all applicable laws, regulations, and directions of governmental authorities. Lessee shall not permit anything to be done in or on the leased property, which will in any way violate any governmental laws or regulations, and Lessee cannot occupy lot until lease is paid in full. If Lessee allows any objectionable situations to arise, Lessee will either be warned by oral communication or by certified letter or be removed from premises permanently. Lessees who have paid for boat slips must park their trailers only in specified areas. No one may park their boat or personal watercraft trailers on lots. Leasing of boat slip does not guarantee use of river, since the river flow is controlled by the Corps of Engineers. There will be no discount or refund due to low water levels or inability to use marina, canal, or river
____13) FITNESS FACILITY: For an additional fee, separate from and in addition to the lot rental fee, Lessees may use the on-site fitness facility. After payment of a fee of $35, Lessors will provide a key to Lessee for use of said facility. Lessee hereby agrees to abide by all rules posted in the facility. Lessor is not responsible for any personal injury or property damage arising from the use of said facility. The facility is to be used by Lessees only. Lessee will return the fitness facility key at the end of the recreation season
____14) UTILITIES AND SERVICES: As part of the annual fee, Lessor will provide and pay for all electricity, water, and sewer. Lessee shall be responsible for gas, Wi-Fi, telephone, and any other utilities as may be required by Lessee. Lessee shall keep said leased premises free and clear of any lien or encumbrance of any kind whatsoever created by Lessee’s act or omission and shall indemnify the Lessor against any liability or damages on such account.
____15) TAXES: The Lessor shall be responsible for the real property taxes and assessments upon the leased property, which are assessed during the lease term.
____15) INSURANCE:
a) During the term, Lessee, at its own cost and expense, shall provide and keep in force comprehensive public liability insurance against claims for personal injury, death or property damage occurring on, in or about the demised premises or the adjoining, property and passageways, to afford minimum protection during the term of this Lease of no less than single limit coverage in the amount of $500,000.00.
b) All insurance provided by Lessee as required by lessor shall be carried in favor Lessor and Lessee.
c) Lessee shall procure policies for such liability insurance and deliver certificates thereof with evidence of the payment of premiums thereon to Lessor at the time of entering the lease. It is the responsibility of the Lessee to have this item taken care of and to have it delivered to Lessor’s office for Lessor’s file. Lessor will not provide keys to the Premises until proof of insurance is provided to Lessor by Lessee.
____16) INDEMNIFICATION: Lessee covenants, at its expense, at all times during the Lease Term and for such further time as Lessee may occupy the Leased Premises or any part thereof, to indemnify and hold Lessor harmless from all injury, loss, claims or damage to any person or property while on the Leased Premises or any other party of the facility occasioned by intentional act, omission, neglect or default of the Lessor. All alterations, additions, personal property, fixtures, trade fixtures and equipment in, on or below the Leased Premises shall be at the risk of Lessee only and Lessor shall not be or become liable for any damage to said additions, alterations, personal property, fixtures, trade fixtures, and equipment on or in the said Leased Premises, or any structure or improvement thereon, to said Lessee or to any other person or property caused by water seepage or leakage, steam, sewage, natural gas, or odors or for any damage whatsoever done by or occasioned by or from any plumbing, boiler, gas, water, steam, or electrical systems, or other systems and pipes, and any fixtures, equipment, improvements or appurtenances whatsoever, or for any injuries or damage occasioned by water, snow, or ice being upon the Leased Premises, driveways, sidewalks, or parking areas, or being or coming through the roof of any structure or improvement thereon, or for any damage or injuries arising from any act or neglect of Lessee or other persons on or about the Leased Premises or arising by reason of the use of the Leased Premises, or any additions, alterations, structures, improvements, personal property, fixtures, trade fixtures, or equipment located thereon or appurtenant thereto, or by any act or neglect of any person or caused in any manner whatsoever except for the intentional act of the Lessor. In the event of suit against the Lessor by any third person arising out of Lessee’s occupation or use of the Leased Premises, then Lessee shall defend Lessor and hold Lessor harmless from and with respect to such litigation and shall pay all costs, expenses, and attorney’s fees incurred or paid in connection with such litigation, together with any and all settlements and any and all judgments, verdicts, or awards that may be rendered against Lessor.
____17) LIABILITY OF LESSOR: Lessor (nor Lessor’s employees, agents, subsidiaries, or the like) shall not be liable to Lessee, nor any of Lessee’s guests, for personal injury or property damage occurring on the premises.
____18) LIABILITY OF LESSEE: The liability of those persons and entities collectively referred to as “Lessee” herein shall be personal, joint, and severable.
____19) DUTIES OF LESSEE: The Lessee shall faithfully perform the following duties:
a) Will place the recreational vehicle only in a location designated by the Lessor and will have exclusive use only of the area physically occupied by the trailer.
b) Will use the recreational vehicle and Recreation Area only during the normal recreational season extending from April 15th to October 31st, each year, weather permitting. If Lessee’s property is moved in prior April 15th of the following years’ lease term, Lessee will have twenty-four (24) hours to remove it. If it is not removed within twenty-four (24) hours it will be towed at Lessee’s expense, and Lessee accepts responsibility for all fees and damage that may arise from this course of action. Lessor is not responsible for any damage or storage fees as a result. Lessee cannot move any property in before April 15. If Lessee’s property is left at the Recreation Area after October 31, Lessee accepts responsibility for a fee of $25.00 per day until the property is removed. Failure to move the property by January 15 of the following year, will give notice to Lessor that the property can be towed and/or removed at Lessee’s expense, and Lessee will be responsible for all storage fees to whomever Lessor hires to store the property.
Lessor is not responsible for any damage to property left at the campground.
c) Will comply with State trailer cabin licensing and permit laws.
d) Will obey the rules and regulations of Recreation Area/Campground, as amended from time to time, a current copy of which is attached hereto as Attachment #1 and incorporated herein as if fully set forth, and receipt of which is acknowledged by Lessee. Said rules and regulations set forth the conduct and behavior requirements of persons admitted by the manager, operation of vehicles and boats, use of firearms, harboring of pets and animals, maintenance of sanitation, burning and pumping of trash and refuse, conservation of vegetation and wildlife, and the health, welfare, comfort and safety of all users of Recreational Area.
e) If a lease is not granted to Lessee in any future year, the Lessee, before October 15th, will remove all materials and its appurtenances from the premises of Recreational Area, and will leave the ground, which was occupied by the Lessee’s property, and its appurtenances in a level, clean and neat graded condition. Also, if Lessee fails to remove items from lot by October 15th, the new Lessee and/or Lessor shall have right to dispose of items on lot as they deem necessary. The Lessee must also schedule any relocation of the recreational vehicle with the manager. A manager must be present in the time of entrance or exit of the recreational vehicle on the premises.
f) Hereby accepts responsibility for members of family and guests in compliance with the terms of this lease and current rules and regulations Lessee is always responsible for Lessee’s family and guests. If they fail to conduct themselves in an appropriate manner Lessee will have Lessee’s lease terminated (See Attachment #1 for the list of rules and regulations, attached hereto and incorporated herein by reference.).
g) Maintain the occupied and used premises in a clean and safe condition, and upon termination of the residency, place premises in at least as clean a condition, except for ordinary wear and tear, as when the lease commenced.
h) Dispose from the facility all wastes, rubbish, garbage, and manure in a clean and safe manner and in accordance with all governmental regulations.
i) Keep all weeds, grass and other vegetation cut and trimmed on the Premises. If Lessee fails to do so, Lessor shall mow the grass, and Lessee will be billed $20.00 per occurrence. Payment for mowing must be received within seven (7) calendar days from notice date or there will be a late penalty of $25.00 per occurrence.
j) Conduct himself/herself/Itself and require other persons on the Premises with its consent to conduct themselves, in a manner that will not disturb the neighbors’ peaceful enjoyment of their Premises. Lessee is responsible for all persons visiting Lessee’s lot and Lessee will be held accountable for their actions and Lessee is solely responsible for Lessee’s guests’ safety.
____20) NON-COMPLIANCE BY LESSEE: In the event of the Lessee’s non-compliance with any provision of this Lease, with the campground rules, or with any separate agreement, the Lessor may give written notice to the Lessee specifying the acts and omissions constituting the breach and that the Lessee must correct condition giving rise to the breach within ten (10) days of the notice. If the Lessee doesn’t rectify the breach in that period, the lease agreement will then terminate as provided in the notice.
____21) NOTICES: Any and all notices or demands required or permitted to be given hereunder shall be deemed to be properly served if sent by registered or certified mail, postage prepaid, addressed as follows:
TO THE LESSOR:
RIVERVIEW PARK, LLC Name:
P.O. Box 3826, Omaha, NE 68103 Address:
Or at such other address or addresses as either party may hereafter designate in writing to the other. Any notice of demand so mailed shall be effective for all purposes at the time of deposit thereof in the United States mail. Lessee is responsible to keep Lessor informed of any address or phone number changes.
____22) ENTRY TO PREMISES: The Lessor may enter onto the premises in order to inspect the premises, or show the premises to prospective or actual purchasers, mortgagers, tenants, workers, or contractors. Unless it is impractical to do so, the Lessor shall give the Lessee notice of its intent to enter and shall enter only at reasonable times.
____23) ASSIGNMENT AND SUBLETTING: The Lessee shall not assign this lease or any interest thereon or let or underlet the said premises or any part thereof or any right or privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by another person without the prior written consent of the Lessor. This Lease shall be fully assignable by the Lessor or its assigns. Also, any tenant requesting lease transfer to another lot or individual or individuals will be required to pay $100.00 lot transfer per transaction above and beyond the existing lot rent. Lessee must have prior written approval from the Lessor to become official and payment in full for the lot plus the transfer fee must be received before transaction can be performed. Lessee will not receive any refunds from Lessor for payments made for the lot prior to transfer. Any lot transfer is only applicable for the remainder of the season as defined herein.
____24) ATTORNEY FEES: Should Lessor bring litigation to enforce any terms of this agreement, Lessor shall be allowed all reasonable attorney fees and costs expended or incurred in such litigation to be recovered as part of the cost therein.
____25) QUESTIONS, CONCERNS, PROBLEMS & SITUATIONS: In the event any of these above-mentioned items should arise during Lessee’s stay at said facility, all communication will be handled directly with the main office at 402-577-1049. At no time will Lessee contact employees, or anyone else besides management regarding the above-mentioned items. If Lessee has been found to be in violation of this rule, the lease will be terminated. Lessee must then leave said property; and the lease will not be renewed the following year.
____26) ENTIRE AGREEMENT: This agreement, and any addendums and attachments hereto, contain the entire agreement between the parties and can only be amended in writing between the parties hereto. No representations by Lessor or Lessee or their agents not included herein shall be binding on the parties.
____27) CONSTRUCTION: The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
____28) HEADINGS: The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
____29) SEVERABILITY: Each section, subsection and lesser section of this Agreement constitutes a separate and distinct undertaking, covenant and/or provision hereof. In the event that any provision of this Agreement shall finally be determined to be unlawful, such provision shall be deemed severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect.
____29) AMENDMENT: This Agreement may be amended, supplemented or modified only by execution of an instrument in writing signed by the Lessee, the Lessors and the Owners.
____30) WAIVER: No waiver by any Party of any term of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term of this Agreement on any future occasion.
____30) BINDING EFFECT: This agreement shall be binding upon the parties hereto, their heirs, legatees, personal representatives, successor and assigns.
____31) GOVERNING LAW: This lease shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law principles.
ATTACHEMENT 1: RIVERVIEW PARK, LLC CAMPGROUND RULES
These rules, in general, are an effort to maintain a quiet, clean, and safe environment for all residents.
____1) MOTORCYCLES: Motorcycles will be allowed only from gate to trailer or RV and return to gate when leaving as a mode of transportation.
____2) UNAUTHORIZED VEHICLES: Mini bikes, ATVs, Motor Scooters, etc., CANNOT be brought into, or ridden in the camping area. Only ELECTRIC OPERATED GOLF CARS & GAS, WHEN APPROVED BY MANAGEMENT. Must be at least sixteen (16) years old with a valid driver’s license to operate.
____3) SPEED LIMIT: Speed limit in the camping area will be ten (10) MPH for all motorized vehicles. Any operation of a motor vehicle must be by a licensed driver.
____4) PETS: Pets must be kept on the owner’s leased premises on a leash or in a kennel at all times. If your pet is always not on a leash, or if creates an unsafe or uncomfortable environment for other tenants your pet will have to leave and will not be allowed back into the park (NO EXCEPTIONS). You will receive one (1) notice about this either written or oral, which if not honored your tenancy will be terminated. Also, pets are not allowed on the beach area and are not allowed to run loose. If pets are kenneled, they must be supervised or have someone responsible for them while on the premises. This is not a kennel and dogs are not to be left for long periods of time. If pets are left unattended for more than 24 hours you will receive a warning. If the pet is left again for more than 24 hours you will not be allowed to have your pet on the premises. Barking dogs will not be tolerated. You are also responsible for any waste pickup from your pet, and you must dispose of it properly. PITBULLS, OR OTHER VICIOUS BREEDS OF DOGS AS DETERMINED BY THE MANAGEMENT, ARE NOT ALLOWED ON THE PREMISES.
____5) VANDALISM: Any individual(s), or their guests caught vandalizing any property will have their lease terminated and will be responsible for damage caused by said vandalism.
____6) GUESTS: Guests will be limited to ten (10) persons or the number that can be accommodated comfortably on your own premises ONLY; WHICHEVER IS LESS. No parking on other tenants’ property without their consent. You must be considerate of others. Except in designated areas, no loud music, noise, or parties will be allowed after 11:00 p.m., on any night of the week quiet hours are from 11PM to 6AM, 7 days a week. Guests who are bringing in campers or setting up tents must be cleared through the manager prior to arriving. There is only one tent allowed per campsite. If you fail to inform the management, your tenancy may be terminated.
____7) SUPERVISION OF MINORS: Any child under the age of nineteen (19) years of age must be accompanied by a parent or other legal adult, always and in all places, including the swimming pool. Any problems or situations that arise due to non-compliance with this rule may result in lease termination.
____8) LOT MAINTENANCE: EACH RESIDENT IS REQUIRED TO MAINTAIN THE LAWN AND GROUNDS OF THEIR LOT. Lots are to be kept reasonably neat and litter free. Trash is to be deposited in the dumpsters provided in the campgrounds. NO APPLIANCES, TIRES, GRILLS, BLOCKS, WOOD, METAL, BATTERIES, LIMBS, YARD WASTE, TOXIC MATERIALS or anything other than normal trash are to be placed in the dumpsters. Any Lessee who is caught, or guests of any Lessee who are caught, dumping any of the above-mentioned items in and around the dumpsters or anywhere else on the grounds will be charged, and that Lessee’s tenancy will be terminated. If a Lessee’s lot is not kept in a clean and neat manner, Lessee will receive a ten (10) day notice to correct. If it is not corrected within ten (10) days, the lease will be terminated, and Lessee will be responsible for the cost of cleaning up the lot.
____9) DUMPING: NO DUMPING OF ANY KIND ANY PLACE, OTHER THAN IN THE DUMPSTERS. Also, if a Lessee or guest of Lessee is caught dumping trees, shrubs, grass, leaves, branches or any other item in the commons area that Lessee will be billed for the removal of said items and may face lease termination. You will need to dispose of these items accordingly.
____10) MOWING: Your lot needs be mowed at least once every two weeks. If you have any questions as to the area you are responsible for, please contact the Manager. If Lessee’s lot needs to be mowed, and Lessee fails to do so, then the park manger will mow, and a $20.00 fee will be assessed for each occurrence. Lessee will have seven (7) days from the notification letter to pay this fee. If the fee is not paid this within the seven (7) day period Lessee will be assessed a $25.00 late fee per occurrence.
____11) TREES: All tree removal on Lessee’s lot needs written authorization from the main office. No tree removal is to occur until the Lessee submits a plan as required by the lease. Furthermore, Lessee will be responsible for all costs associated with its removal. At no time will Lessor be responsible for any cost associated with a tree removal. Lessee also needs to ensure that the tree is cleaned up and disposed of properly.
____12) CAMPERS PER LOT: NO MORE THAN ONE CAMPER UNIT PER LOT site will be allowed. No sub-letting or allowing someone to park on one of your lots, will be allowed.
____13) SALE OF A CAMPER OR TRAILER: Sale of a camper or trailer does not guarantee continuation of lease unless approved by the management prior to sell of said premises. Also, a $100.00 transfer fee will be applied, and the new tenant will be responsible for all items on the lot and will dispose of the items in the local landfill at new Lessee’s expense. No items are to be left around the dumpsters or anywhere else on the grounds.
____14) GUESTS: Residents having guests are responsible to see that the gate is attended and kept locked. Residents who repeatedly violate this rule will have their lease terminated. THE GATE MUST BE KEPT LOCKED AT ALL TIMES. Prior arrangements need to be made; there will be no honking for tenants as your visitors wait on you. You need to be courteous of other tenants. You must meet your party(s) at the gate and escort them to your lot. Guests waiting to be escorted in must wait off the road so that other tenants can enter and exit without delay. Individuals caught violating this rule will receive one warning either written or oral. The second occurrence will result in lease termination. You must also inform your guests of the speed limits and rules prior to their arrival. Remember you are responsible for them while on the premises. Also, Lessee’s lease will be terminated if the Lessee or his/ her guests create an unsafe or dangerous situation for other tenants, their guests, or our staff.
____15) SWIMMING:
a) Swim at your own risk. Riverview is not responsible for injury or damage caused to swimmers or anyone in and/or around the swimming pool.
b) Non-swimmers shall be accompanied by a swimmer capable of making a save and must wear a life jacket. c) No pets allowed in swimming area.
d) Small children need to wear life jackets while in the water and be always accompanied by an adult. These are judgments to be made at your own risk. e) No jumping, running, or diving.
f) At no time will there be a lifeguard on duty.
g) The swimming pool will be open from 10:00 a.m. to 9:00 p.m. No running, jumping, or diving into the pools. No lawn chairs or floating devices are to be in the pool, except for small children learning to swim. Also, children under 19 years old are not allowed in the pools without an adult. Everyone must shower before entering pools. Age and shower requirements are State Laws. NO LIFEGUARDS. SWIM AT YOUR OWN RISK. NO ALCOHOLIC BEVERAGES OR GLASS CONTAINERS ARE ALLOWED IN POOL AREAS.
h) Each lot is only allowed 4 guests at the pool area. Remember there is limited room, and capacity is 75 persons. i) Guests must be always accompanied by a Lessee.
j) No smoking in or around pool area.
____16) HUNTING:
a) No hunting permitted on premises or lagoon area, river, or adjoining property.
b) Firearms are not to be discharged on property.
c) Firearms are to be kept unloaded and are to be always locked in your vehicle while on the premises.
____17) FIREWORKS: Fireworks are only to be used in accordance to Nebraska Law. Any person or persons using illegal fireworks will be reported to the authorities.
Also, fireworks will not be shot during our established quiet times. Violations of this rule will result in lease termination. Lessees must be considerate of other tenants. No fireworks whatsoever are permitted anywhere near camping of boating areas.
____18) BOAT REGULATIONS:
a) All State of Nebraska Boat Safety Rules and Regulations apply.
b) A current state boat license is required. A lot sticker is required for the current year. The management or one of the staff will inspect each boat, prior to it being launched in the lagoon. Anyone caught violating any of the below mentioned items may face lease termination. Only lot Lessees and boat slip Lessees shall have motorboats in the lagoon area and the following restrictions will apply:
i. Maximum one (1) Boat per slip.
ii. Maximum one (1) Personal Watercraft per slip.
iii. No visitors’ boats or boats not owned by the lessee will be allowed in the lagoon area at any time. Visitors will need to park in frontage
area. Anyone caught using slips without being a Lessee will have their boat towed, and Lessee will be held responsible since it is their guest. Lessee and boat owner will be jointly and severally liable for the costs associated with the towing and storage of any boat using slips without a lease. Riverview Park will not be responsible for costs incurred or damaged caused to any boat towed under this provision. iv. Lessee must produce registration and or title in his or her name to obtain a sticker for the current year. If Lessee does not have proof of ownership through the state, Lessee will not be allowed to have the boat on the premises.
c) No one under sixteen (16) years old shall be allowed to operate a motor-powered boat.
d) Persons aged sixteen (16) to nineteen (19), years old shall be under constant adult supervision.
e) All boats must have a working horn or efficient whistle.
f) No boats shall operate at a speed excess of five (5) miles per hour or the speed must be reduced so the wash and wake will cause no discomfort, hazard, injury or damage to persons, vessels or property in lagoon, and inlet area.
g) Boats operating after dark must comply with state regulations.
h) No speedboats or loud boats will be allowed on premises or lagoon area, as decided by Riverview Park Management.
i) Final decisions regarding boat approval is expressly reserved by Riverview Park Management.
j) No boats or personal watercraft are allowed on campsites.
____19) KEYS: Keys will be issued each year once Lessee has paid the amounts due under the lease in full, and once there is a signed copy of the lease with campground rules received at the main office. Lessee will also be responsible for $20.00 per key, per year or current fee associated with price increases. This is for the safety of those in the Park.
____20) DUMPING: All tenants are responsible for dumping and keep the dumping station and cart clean and serviceable. Failure to do so may cause lease termination.
____21) MISCELLANEOUS PROVISIONS:
a) No clotheslines
b) No cords or satellites except for your lot.
c) No washing of RV’s or other personal property, including vehicles, on property.
d) No burning of trash or debris in BBQ grills or on lots.
e) Take off muddy shoes before entering any of the buildings, except for dining hall.
f) Wood for burning must be stacked nicely on lot.
g) There will be a $50.00 fine for continued air use.
____22) STICKERS: With the addition of boat docks you will be required to have Riverview Park stickers on windshields of watercraft. No unauthorized use of boat docks will be allowed. Visitors visiting Lessee’s will need to park on frontage of river. The boat docks are for tenants who have paid their fees for usage of them.
____23) RIVER FRONTAGE: The frontage beach is for tenant and guest use only. Please patrol this area to ensure that it is used by members or their guests only. You are paying for the use of this area; make sure no one is using it at your expense.
____24) BOAT DOCKS: Under no circumstance shall a Lessee or his/her/its guests be allowed to use the boat docks, or boat ramp. This area is for Lessees paying for the use of this area.
a) No Lessee other than those renting slips will be allowed to park their boats or personal watercraft in the boat slips, in the lagoon area or the channel coming into the lagoon.
b) The frontage to the river is for visitors visiting Lessees only. Any Lessee wanting to have his/her/its boat in Riverview Park will need to rent a boat slip (No Exceptions).
i. Any Lessees who is caught, or whose guests are caught, using this area, Lessee’s lease will be terminated immediately.
c) Lessees who have paid for boat slips must park their trailers only in specified areas. No one may park their boat or personal watercraft trailers on lots. Leasing of boat slip does not guarantee use of river, since the river flow is controlled by the Corps of Engineers. There will be no discount or refund due to low water levels or inability to use marina, canal, or river.
d) Lessee will indemnify and save Lessor harmless from and against all claims, actions, damages, liability, and expenses in connection with loss of life, personal injury, and/or damage to property, arising from any act of nature, or omission of Lessee, its agents, family, employees, occupants, servants, guests or licensees.
Under no circumstance will there be any exceptions to these rules, and the Lessor reserves the right to change any rules at any time for the safety and security of its tenants. If you are caught breaking any of these rules you may be subject to lease termination, and each violation will be addressed at time of occurrence. Also, if a lease is terminated, for any reason, it will result in forfeiture of all payments made to Lessor
ATTACHEMENT 2: RIVERVIEW PARK, LLC FITNESS CENTER WAIVER AND RELEASE OF LIABILITY
In consideration of my use of the exercise equipment and facilities provided by Riverview Park, LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors, and assigns that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any injuries (including death) sustained by me, or my guests in, on, or about the premises, or as a result of the use of equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of Riverview Park, LLC. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guess, and I hereby fully and forever release and discharge Riverview Park, LLC, it’s insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present and future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of said equipment and facilities.
I expressly agree to indemnify and hold Riverview Park, LLC harmless against all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and wellbeing of my guest and myself. I understand that Riverview Park, LLC does not provide supervision, instruction, or assistance for the use of facilities and equipment.
I agree to comply with all the rules imposed by the company regarding use of the facilities and equipment. I agree to always conduct myself in a controlled and reasonable manner and to refrain from using any equipment in the manner inconsistent with its intended design and purpose.
I understand and acknowledge the use of the exercise equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that Riverview Park, LLC is not responsible for the property that is lost, stolen, or damaged while in, on, or about the property.
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABLITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.
Name: _________________________________ Lot Number: ____________________________
Date: __________________________________
Signature: ______________________________
ATTACHEMENT 3: RIVERVIEW PARK, LLC GOLF CART RULES AND LIABILITY WAIVER
Riverview Park, LLC has been advised by our insurance company that golf cart accidents are a leading cause of lawsuits stemming from accidents and injuries. While we like nothing less than setting rules and restrictions, we must. Golf cart waiver forms must be completed, signed and on file at the campground for all golf carts.
1) All drivers must have a valid, current driver’s license; no children may operate these vehicles.
2) Remove keys to prevent child (or others) from joyriding or getting hurt
3) No golf cart is to be operated with more passengers than seating is provided. Follow the manufacture’s requirements for seating capacity. No children shall be standing or seated on the sides or tailgates of other motorized vehicles.
4) All occupants of golf cart shall keep hands, arms, legs, and feet within the confines of the golf when in motion.
5) Never backup without making sure there is no person or obstructions behind cart or vehicle.
6) Pedestrians ALWAYS have the right of way (NO EXCEPTIONS)
7) Golf carts must be operated on the campground at the speed equivalent to the well-paced walk and never to exceed 10 MPH (miles per hour). If you raise dust, you are going too fast. Reduce speed to compensate for pedestrians, other vehicles, and weather conditions.
8) Maintain adequate distance between vehicles and pedestrians. Approach sharp or blind corners with extreme caution and reduce speed.
9) Golf carts may NOT be driven during quiet hours (11PM – 6AM) with exception of campground employees and security.
10) Drivers of ALL vehicles must assume and accept FULL responsibility of inherent risks, under NO circumstances if Riverview Park, LLC or its employees or family liable for accidents or injuries caused by our guests.
11) Our insurance company recommends that every vehicle has lights to protect YOURSELF from liability.
12) All basic traffic laws will be enforced.
13) Head lights MUST be used any time the golf cart is being operated in the dark or dusk.
Certificate of Liability Endorsement valid dates _________________________
Signature or parent or guardian and names of children for which you will be responsible or host for:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________ ________________________________________
________________________________________(Print name only), acknowledge that the safety of golf carts is dependent upon the skills, abilities, and safety practices of the participants. By signing this agreement/waiver, I hereby release Riverview Park, LLC from any damages or injuries, I, or minor children in my care receive because of my or their use of the remises of Riverview Park, LLC. I hereby agree to hold Riverview Park, LLC harmless from any expense, loss, injury, or death, which may result from my or minor children in my care, use of Riverview Park, LLC. premises. By signing this document, I agree to the above and authorize the following individual(s) to drive my golf cart and use the premise of Riverview Park, LLC. for riding purposes. Furthermore, in the event of injury or death, I, along with the following individuals, will not hold Riverview Park, LLC. liable.
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________ ________________________________________
Name: ____________________________________
Address: __________________________________
City: _____________________________________
State: ____________________________________
ZIP: ______________________________________
Email Address: _____________________________
Phone: ____________________________________
Valid DL #: _________________________________
DL State: __________________________________
DL Expiration Date: __________________________
LOT #: _____________________________________
__________________________________________
Signature of Golf Cart Owner