2023 - 2023006924 08/10/2023 02:58 PM Page 1 of 11 os Ss , > oO eS gs BOARD RESOLUTION gs S adopting © pedtine BEAR PROPERTY OWNERS’ ASSOCIATION, INC. SS < POOL RULES x Ss Ss oO SQ? oF TEXAS § < § & QSuntyormMeDINA § \S 2023, with at least a quorum of the members of the Board being present and remaiting throughout, and being duly authorized to transact business, the following resolution was duly made and approved by a majority vote of the members of the Board: ’ I, Woxine. bu Nock , President of Dancing Bear Property Owners’ Association, Inc. (the "Association"), do hereby certify that at a meeting ay the Association’s 1. Pursuant to Section 8 bor the “Amended and Restated Declaration of Covenants, oe Conditions and Re: tigtons Dancing Bear Subdivision” (the “Declaration”) recorded in® the Official Publi¢gtecords of Real Property of Medina County, Texas under Clerk’s F4 No. 163166, fa | amendments and supplements thereto, the Association is veste a the authori d jurisdiction to adopt, amend, repeal and enforce rules and reg Ses fines, le and enforcement provisions as may be deemed necessary or desidple with respe the interpretation and implementation of the Declaration, the opepiyion of the As tion, the use and enjoyment of the Common Areas, and the f any other erty, facilities or improvements owned or operated by the Associ ’ RN ¢ Board desires to adopt the Dancing Bear Property Owners’ SOociation, Inc. Pool WY Rules (the “Pool Rules”) (attached hereto as Exhibit “A” and “B” SS ting to the use of the we Association’s pool by residents and guests. we 3. The Pool Rules supersede and replace any and all pool rules*previously adopted by the Association, if any.
it “A” and “B” SS ting to the use of the we Association’s pool by residents and guests. we 3. The Pool Rules supersede and replace any and all pool rules*previously adopted by the Association, if any.
I hereby certify that I am the duly elected, qualified and acting President of the Association and that the foregoing Resolution adopting Dancing Bear Property Owners’ Association, Inc. Pool Rules was approved as set forth above and now appears in the books and records of the Association.
TO CERTIFY which witness my hand this the day of Qk Xx A | ( yth , 2023.
§ Ss ce DANCING BEAR PROPERTY cs . N OWNERS’ ASSOCIATION, INC. . NN ce & & President & Ss > GS ow @ é S s 2023 - 2023006924 08/10/2023 02:58 PM Page 2 of 11 se Or 5s oO “ : & COUNTY OF “Ss § nage MIE. the undersigned notary public. on this 1s 5 2023 personally appeared of Dancing Bear Ss Owners” President to the foregoing known to me to be the person whose name is subsg¢ & e purpose and in the As Oe n, Inc., ument, and acknowledged to me that s/he executed the same Crtie avd papacity therein expressed.
Notary Public in and for the State of Texas SN A, CYNTHIA DIANNE STRICKLAND “ 2 Notary Public, State of Texas Sy NOx, Se ae Comm. Expires 08-27-2025 ioe Notary ID 124870069 ly, oe s. recording, please return to: ww we Dancing Bear POA clo C.I.A. Services, Inc.
P.O. Box 63178 Pipe Creek, TX 78063 2023 - 2023006924 08/10/2023 02:58 PM Page 3 of 11 SS we DA G BEAR PROPERTY OWNERS’ ASSOCIATION, INC. ye POOL RULES S & meh and pool facilities in the Dancing Bear Subdivision will be op@Ston the second Sau of March through the third Sunday of October. SS Ss ¥ All persons using the pool and/or pool facilities do so at theiggn risk. THERE IS NO
n the Dancing Bear Subdivision will be op@Ston the second Sau of March through the third Sunday of October. SS Ss ¥ All persons using the pool and/or pool facilities do so at theiggn risk. THERE IS NO IFEGUARD ON DUTY. There is always a risk of personal injury When using the pool and pool facilities. Please read and observe all warning signs located in the pool area. The Association is not responsible for accidents, injury, or loss. Each owner, occupant, tenant, guest, invitee, or other person that uses the pool and/or pool facilities shall be deemed to have released and indemnified and agreed to hold harmless the Board and the Association from and against any loss, claim, or liability of any kind or character whatever resulting from his or her use and/or their guests’ use of the pool and pool facilities.
Each owner is solely wea such owner’s own safety and for the safety, well-being and @ supervision of such owner’ sepes s, and any person using the pool to whom the owner has a duty ce of due care, control, or cusddy. & Each owner is respo e for any loss or damage to his or her personal property and the rg W@stViduals using the pool, if such loss or damage is caused by the ORNSS guest or other persongo¥ whom the owner is responsible. The Association is not “ liable in All 0 && and residents must execute a copy of the waiver attached A No as Exhibit B pri using the pool and pool facilities.
Poo! hours are daily from 6:00 a.m. to 10:00 p.m. Pool Access cat access to the pool during pool hours. The gate will be locked between 10:00 pm and 6:00 am. Pool access is not permitted during this time. A signed liability release of the Association is needed to activate the Pool Access Card.
ol hours. The gate will be locked between 10:00 pm and 6:00 am. Pool access is not permitted during this time. A signed liability release of the Association is needed to activate the Pool Access Card.
4. In the event of lightning or thunderstorms, swimmers are to clear the pool during the storm for at least 30 minutes after the lightning and/or thunder has ceased.
5. All persons under fourteen (14) years of age must be accompanied by an adult with a current photo ID while in the pool a, facilities. @ 6. The pool in Dancing Roan is for the use of Association Members (including ino children) and their see Oe a. Guests we SY ccompanied by an Association Member in good standing at ae SS b. No m. Than four (4) guests per property owner are allowed and all ques leave the pete ea when the property owner leaves. s Cy Sf oe Ss Sy we A 2023 - 2023006924 08/10/2023 02:58 PM Page 4 of 11 RS SS c. The pool is desj@sed for recreational use only and no swim lessons shall be taught ie profit. we & 7. The Associatj not responsible for any articles lost or stolen. vy 8. The Boargterves the right to close the pool and pool facilities for maintenance rgencies, or for an tr reason, in its sole and absolute discretion. Notwithstanding anyt iin these Rules to nee ary, the Board shall have the right, without the obligation, in the ev; f an emergency, to y such actions as are reasonably necessary to preserve the life, h d safety of owners, et persons on or near the pool and to prevent damage or dest of the pool.
. The Board retains the right to suspend pool privileges for any owner, resident or guest should they cause an unsafe or unpleasant environment at the pool and/or pool facilities or for not following the Pool Rules.
ains the right to suspend pool privileges for any owner, resident or guest should they cause an unsafe or unpleasant environment at the pool and/or pool facilities or for not following the Pool Rules.
10. Approved swim attire must be worn while swimming. No cutoffs, denim shorts, unlined shorts or nude swimming.
11. Children in diapers must wear approved swim diapers while in the pool.
12. For the safety and erg of everyone using the pool and pool facilities and the @ preservation of the facilities, e following conduct/items are prohibited in the pool and pool.’
facilities: ee eo - Glass SS cohol - Food - Diving - Smoking (including vesin - Water Ballo - Running - Fighting/playfighting - Chewing Gu - Fence jumping eS S - Spitting Se spouting water - Dunking - Throwing other swimmers ge -EGSelay (running, playing, shoving, or throwing objects into the poo F nping into the pool from anything higher than the edge of the NS - Riding-on equipment (skateboards/bicycles/scooters/hoverboards etc.) on the pool deck at any time - Hard objects/toys (tennis balls, golf balls, baseballs, etc.)
- For the protection of each owner and guest, anyone with an infectious disease, sore, wound, or inflamed eyes, a cold, nasal or ear discharge, open sores, or bandages of any kind, cannot use the pool. OWNERS, RESIDENTS THEIR GUESTS SHALL NOT USE THE POOL IF THEY HAVE HAD DIARRHEA g PREVIOUS TWO (2) WEEKS. IF A FECAL ACCIDENT se cleaned, disinfected ested, and proven to be free from contamination before the pool S reopened. If an or resident or their invited guest(s) is found to be responsible fo osure due to fecal magr, all costs to clean and reopen the pool may be assigned to that ownenar resident.
Incidents sae reported to the manager, immediately. \
d guest(s) is found to be responsible fo osure due to fecal magr, all costs to clean and reopen the pool may be assigned to that ownenar resident.
Incidents sae reported to the manager, immediately. \ 2023 - 2023006924 08/10/2023 02:58 PM Page 5 of 11 se se - Personal floating devigg> must be appropriate for a pool (river rafting type and floating’ coolers/devices are preited) es 13. Noise level Id not disturb other guests. Headphones must be used while lig ng to ww w 14. No ar Ss, except trained service animals, are allowed in the pool or poo gies.
15., A@rropping the pool door open or allowing a non-guest to use the Pod ee & 17. Immediately report any unsafe/unpleasant situations or contact C.I.A. Services at (210) 4900000.
18. CONDUCT OF MEMBERS AND GUESTS The owner is solely responsible for the conduct of family, guests, and/ or the others who access the pool and/or pool facilities. The owner must be present in the pool area at ALL times during access of family, guests and/ or such other persons. Owner’s strict observance and adherence by owner and owner's guests of A les and regulations of the Association regarding use of and 3 conduct on the pool and pook gar ities is required. ce Each owner shall compe ith the provisions of these Rules, as same may be amended an supplemented from tito time. Additionally, each owner shall be responsible for compkgttte with these Rules s/her occupants or tenants and his/her family members, invitee ants, subtenants, Yemployees, or contractors. If a rule requires, prohibits or permi XY duct by < an owner, f those rules shall be deemed to apply to all persons for who; owner is responsipl@Yncluding but not limited to guests. cs
or contractors. If a rule requires, prohibits or permi XY duct by < an owner, f those rules shall be deemed to apply to all persons for who; owner is responsipl@Yncluding but not limited to guests. cs 19, QRPAN UP AND LIABILITY AFTER USE oe Vlinbers agree to remove from the pool area ALL remnants of the ViQGeluding but not limited ‘o, trash, debris, and personal items. Member is responsible for bringmhg trash bags and/ or trash receptacles to the pool area. Member agrees to the clean-up, repair, and/or replacement of Association property or equipment required because of damage sustained incident to Member's, or Member’s family, guest, tenants, or invitees, use of the premises.
20. FINES AND PENALTIES Each Member, and their guests, tenants, and invitees, shall comply with these Pool Rules, as may be amended from time to time. Failyre ofa Member, or their guests, tenants, or invitees, to comply shall be ground for action, whi ay include without limitation, an action to recover sums due ¢e for damages, fines, injunctfyeYelief, any other remedy provided for in the Declaration and other\’ the sole discretion o Board, the Board, in compliance with the Association’s Fining as.
may impose a fi es upon a Member or owner for failure of a Member or owner s/her family, Busts, Vitees, to comply with any rule set forth herein. x\ S S 2023 - 2023006924 08/10/2023 02:58 PM Page 6 of 11 Any individual who has Committed an offense of these Pool Rules is subject to suspension his/her right to use the bol and/or pool facilities, as determined by the Board in its sole absolute discretion 21. TRESPASS Me County Unofficial Copy Any perso
ese Pool Rules is subject to suspension his/her right to use the bol and/or pool facilities, as determined by the Board in its sole absolute discretion 21. TRESPASS Me County Unofficial Copy Any perso permis entering the pool, pool area or surrounding private property wi Medina County Unofficial Copy from the Association is considered TRESPASSING. Violators Please note the pool, park, easement area, and adjacent property are unde the express be prosecuted.
urity surveillance.
CONTACT C.I.A. SERVICES WITH ANY SUGGESTIONS/CONCERNS AT: 210-4900000 OR TOLL FREE AT 866-219-0563 866-219-0563 (PHONE), 830-535-4265 (FAX), OR [email protected] (EMAIL) Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy 2023 - 2023006924 08/10/2023 02:58 PM Page 7 of 11 WAIVER afficial Copy EXHIBIT B DANCONG BEAR PROPERTY OWNERS' ASSOCIATION, INC.
Medina County WAIVEROF LIABILITY, DISCLAIMER AND INDEMNITY AGREEMEN nofficial Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy 2023 - 2023006924 08/10/2023 02:58 PM Page 8 of 11 ok RX DANCING BEAR PROPERTY OWNERS’ ASSOCIATION, INC. > WAIVER QREABILITY, DISCLAIMER AND INDEMNITY AGREEMENT ww © 9 YS FIRST NAME: Ss LAST NAME: Ss STREET Agidss, CITY/STATE/ZIP: Ss Ho ONE: CELL PHONE: ee a & IL ADDRESS: Ww This Waiver of Liability, Disclaimer, and Indemnity Agreement (this “Agreement”) is made by the above-named user (“User”), the undersigned Guardian (as applicable), and Dancing Bear Property Owners’ Association, Inc. (the “Association”).
In consideration of the right to use and enjoy the pool and pool facilities located at 582 PR 1709,
d Guardian (as applicable), and Dancing Bear Property Owners’ Association, Inc. (the “Association”).
In consideration of the right to use and enjoy the pool and pool facilities located at 582 PR 1709, Mico, Texas 78056 , and all other common areas and the facilities situated thereon (“Association Facility”), and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by User, User agrees to the following terms ang conditions: S\ 1. USER ACKN DGES THE INHERENT RISKS INVOLVED IN THE USE OF ok THE ASSOCIATION FA Y, INCLUDING BUT NOT LIMITED TO BODILY INJURY SICKNESS, DISEASE, DEATH. USER ALSO ACKNOWLEDGES THAT USE OF ASSOCIATION FAQ@SITY IS POTENTIALLY DANGEROUS AND THAT THE TY INJURY OR DA FACILITY. US DAN S ASSOCIATED WITH SUCH USE. USER SHALL COMPLY SHALL CAUSE GUESTS, INVITEES, OR LICENSEES OF USER TO LY) WITH THE OCIATION’S RULES, REGULATIONS, GUIDELINES, POLI AND RESTRICTIONS D ANY LOCAL OR FEDERAL GUIDANCE OR RULES GOVE G USER’S (AND USER’S GUESTS’, INVITEES’, AND LICENSEES’) USE OF THE ASSOCIATION FACILITY.
2. USER HEREBY ASSUMES ALL RESPONSIBILITY FOR AND ALL RISK OF DAMAGE OR LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, DEATH, AND DAMAGES OF ANY KIND (COLLECTIVELY, “DAMAGE”), SUSTAINED BY USER OR ANY OTHER PARTY ARISING OUT OF OR RELATING TO USER’S (OR USER’S GUESTS’, INVITEES’, OR LICENSEES’) PRESENCE IN OR USE OF THE ASSOCIATION FACILITY. THIS ASSUMPTION OF RESPONSIBILITY AND RISK INCLUDES (WITHOUT LBEQITATION) SUCH DAMAGE CAUSED, OR ALLEGED TO BE S\ CAUSED, IN WHOLE OR nagar BY THE NEGLIGENCE OF ANY OF: THE ASSOCIATION RX AND ANY OF THE ASSO ION’S OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, © AGENTS, CONTRACT s AND SUBCONTRACTORS OF ANY TIER (COLLECTIVELY, T
WHOLE OR nagar BY THE NEGLIGENCE OF ANY OF: THE ASSOCIATION RX AND ANY OF THE ASSO ION’S OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, © AGENTS, CONTRACT s AND SUBCONTRACTORS OF ANY TIER (COLLECTIVELY, T “INDEMNIFIED P. ). USER ACKNOWLEDGES THAT INDEMNIFIED PARTIE NOT INSURERS HAT USER ASSUMES ALL RISKS FOR PERSONAL INJURY S, DAMAGE, OR H, INCLUDING PERSONAL PROPERTY LOSS OR DAMAGE, SER FURTHER OWLEDGES THAT THE INDEMNIFIED PARTIES HAVE E NO REPRESEN ONS OR WARRANTIES, NOR HAS THE USER RELIES ON ANY cp ce Ss Ss AS 2023 - 2023006924 08/10/2023 02:58 PM Page 9 of 11 sk REPRESENTATIONS O. ARRANTIES, EXPRESSED OR IMPLIED, AS TO THE SAFETY OR) THE ASSOCIATION K ITY. G x x 3. U ACKNOWLEDGES THAT IT IS USER’S (AND USER’S AYS IF USER OR SOMEONE IN USER’S HOME IS SICK OR WAS BEEN EXPOSED TO SOMEONE WHO IS SICK.
4. USER SHALL INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY USER OR BY ANY GUESTS, INVITEES, OR LICENSEES OF USER) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO USER’S OR ANY OF SUCH THIRD PARTIES’ PRESENCE IN OR USE OF THE ASSOCIATION FACILITY. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSEB\OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY SS THE INDEMNIFIED PART. WN NEGLIGENCE, REGARDLESS OF WHETHER SUCH se NEGLIGENCE IS THE SoS JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY’ CLAIM. Z .
ae S 5. USE CKNOWLEDGES AND UNDERSTANDS THAT LIFEGUARDS SLL NOT BE PROVI BY THE INDEMNIFIED PARTIES. USE OF THE POOL SHALLQPSWIM AT YOUR OWSRISK. \ gg) Micetanons This Agreement constitutes the entire agreement of the RPMs with respect ct matter contained herein and supersedes all prior and contempo $ understandings,
HALLQPSWIM AT YOUR OWSRISK. \ gg) Micetanons This Agreement constitutes the entire agreement of the RPMs with respect ct matter contained herein and supersedes all prior and contempo $ understandings, ts, representations, and warranties, both written and oral, with respect tech subject matter. If rm or provision of this Agreement or the application thereof to “ages r circumstance is held to the alid, illegal, or unenforceable to any extent, then the remaining t and provisions and their application to other parties or circumstances will not be affected thereby and Will be enforced to the greatest extent permitted by law. This Agreement is binding on and will inure to the benefit of the Association and User and their respective successors and assigns. All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Medina County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
se se NN ~ oo & [Signature page follows.] & SS se os os > S cf cs S Ss 2023 - 2023006924 08/10/2023 02:58 PM Page 10 of 11 oe ok Indemnity Agreement, Well as the rules, regulations, guidelines, policies, and restrictions promyigettd by the Association goygming User’s use of the Association Facility. User knowingly and volun to the terms and ogtittions stated above. SS) S USER: S cf Signature: wy oe eT BS Print Name: S S Address: s
y the Association goygming User’s use of the Association Facility. User knowingly and volun to the terms and ogtittions stated above. SS) S USER: S cf Signature: wy oe eT BS Print Name: S S Address: s Date: IF THE USER IS 17 YEARS OF AGE OR YOUNGER, PRINT THE USER’S NAME ABOVE, AND A GUARDIAN MUST SIGN BELOW: THE UNDERSIGNED ARDIAN (“GUARDIAN”) IS A PARENT OR LEGAL ss GUARDIAN OF THE USE CONDITION OF THE USER’S USE OF THE ASSOCIATION cs FACILITY, GUARDIAN NMALL, TO THE FULLEST EXTENT PERMITTED BY LAW\ INDEMNIFY, HOLD, LESS, AND DEFEND (ON DEMAND) THE INDEMNIE PARTIES FROM, F' D AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMIT, CLAIMS BROUG Y THE USER AND ANY GUESTS, INVITEES, OR LICEN, OF GUARDIAN) I CH CLAIMS ARISE OUT OF OR RELATE TO USER’S O OF UESTS’, INVITEES’, OR LICENSEES’ PRESENCE IN OR OF THE FACILITY (THE “GUARDIAN INDEMNIFIED CLAIMS”). T OVENANT IFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITH IMITATION) CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR COMMENCE OR MAINTAIN ANY GUARDIAN INDEMNIFI IMS AGAINST ANY F THE RELEASED PARTIES.
GUARDIAN: Signature: Print Name: Address: ss Date: 3 oF we D BP Rey oO & & ve vw © oS yy yy & & Ss Ss 2023-2023006924 08/10/2023 2:59 PM Page 11 of 11 Medina County Gina Champion Medina County Clerk ss mate Gdinves 2023006924 ing - Real Property x\ DECLARATION Recorded On: August 10, 2023 0 OS Number of Pages: 11 aS “ Examined and Charged as Follows: " Total Recording: $ W srexeeeeeet THIS PAGE IS PART OF THE INS NT *tteeeeenee Any provision herein which restricts the Sale, Rental or u described REAL PROPERTY because of color or race is invalid and unenfc e under federal law.
~ File Information: ‘ oe Record and Return To: Document Number: 2023006924 wy CSC Receipt Number: 20230810000023 © Recorded Date/Time: August 10, 2023 02:5 s
is invalid and unenfc e under federal law.
~ File Information: ‘ oe Record and Return To: Document Number: 2023006924 wy CSC Receipt Number: 20230810000023 © Recorded Date/Time: August 10, 2023 02:5 s User: Jaylen P S\ Station: cccash2 Ss STATE OF T' MEDINA Ther rs ify that this Instrument was FILED In the File Number sequence on the date/time py ereon, and was duly RECORDED in the Official Records of Medina County, Texas.
BN ranpon " . W dina County Clerk Medina County, TX