River Ranch Property Owners' Association, Inc.’s
Annual Membership Agreement
* Revised May 14, 2021
THIS ANNUAL MEMBERSHIP AGREEMENT (“Agreement”) made on the 02 day of December, 2021, between (name of property owner), who owns real property in River Ranch Acres described as Folio Number: , such person is referred to herein as “Member”, and River Ranch Property Owners’ Association, Inc, a Florida non-profit corporation, with its principal office located at 18550 County Road 630, East, Lake Wales, Florida 33898, referred to herein as “RRPOA.”
WHEREAS, Member has represented to RRPOA that he/she is the lawful owner of real property located within River Ranch Acres, Polk County, Florida,
WHEREAS, Member desires to obtain limited access to RRPOA’s member facilities and real property for recreational purposes, and
WHEREAS, RRPOA desires to offer membership to Member.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Annual Membership Fee: The annual membership fee is $155.00. This fee is for the Member’s limited access to RRPOA’s facilities and real property for authorized recreational purposes in accordance with RRPOA’s Rules and Regulations.
2. Term: The term of this Agreement begins on the date set forth above and shall end either (A) one year from the date set forth above, or (B) one year from your prior membership expiration date, whichever period of timeis longer. However, in no event, shall the term of this Agreement exceed two years. RRPOA’s governing board of officers and directors may rescind and/or terminate this Agreement at any time with or without notice to Member. If this Agreement is rescinded and/or terminated by RRPOA, the annual membership fee is nonrefundable.
3. Rules and Regulations: A copy of RRPOA’s current Rules and Regulations are attached hereto as Exhibit “A”. Member acknowledges that he/she has read and understands these Rules and Regulations. The parties agree that RRPOA may amend and revise these Rules and Regulations at any time and post such amendment or revision at RRPOA’s check-in gate and official website. At all times, Member is responsible for complying with the current Rules and Regulations posted at the RRPOA check-in gate and official website.
4. Access: Member agrees to only access River Ranch Acres through RRPOA’s check-in gate, located at 18550 County Road 630, East, Lake Wales, Florida 33898, or any other access point authorized and designated by RRPOA in writing.
5. RRPOA’s Obligations: RRPOA shall allow Member access to RRPOA real property and member facilities during reasonable hours, as determined by the RRPOA governing board. RRPOA shall promote the conservation of River Ranch Acres and organize activities for its members’ recreation.
6. Member’s Obligations: Member agrees to comply with RRPOA’s Rules and Regulations at all times during the term of this Agreement. While present in River Ranch Acres, Member will fully comply with all local, state, and federal laws, regulations, advisories, guidelines, and ordinances.
7. Limitation of Liability: Member has executed a Waiver of Liability, Hold Harmless Agreement and Consent to Medical Treatment (“Waiver”) in conjunction with this Agreement. Such Waiver is incorporated into this Agreement by reference. Member agrees to comply with the terms and conditions of such Waiver.
8. Guests: From time to time, RRPOA will allow Member to (1) bring family members with him/her to River Ranch Acres and/or (2) purchase a Guest Pass in accordance with RRPOA’s Rules and Regulations. Member is solely responsible for the conduct and actions of all persons brought with him/her into River Ranch Acres.
9. Relationship of Parties: The parties certify that they are not engaged in any joint venture or joint enterprise with each other. Member is merely a member of the RRPOA organization.
10. Penalties For Non-Compliance: Penalties For Non-Compliance: If RRPOA determines, in its sole discretion, that Member has not complied with any term or condition of this Agreement, RRPOA may fine Member in any amount as to be determined by RRPOA’s governing board of officers and directors, not to exceed $100.00 per individual violation and/or terminate Member’s membership in RRPOA and this Agreement. If RRPOA assesses a fine against Member, Member must pay such fine within thirty (30) days. Any fines not paid within thirty (30) days from assessment, shall bear the maximum rate of interest allowable by law, and create a lienable interest in all River Ranch Acres parcels owned by Member. However, before RRPOA may fine Member, RRPOA must give Member thirty (30) days written notice to appear before RRPOA’s governing board of directors and officers for a hearing. Said notice shall state the time, date, and location of the hearing, and be sent to Member via regular U.S. mail, at Member’s address as set forth in Member’s most recent Annual Membership Application. The hearing shall be conducted and governed by RRPOA’s governing board of directors and officers. At the hearing, the Member will be given an opportunity to speak on his/her behalf and present witnesses and evidence deemed relevant by RRPOA’s governing board in support of Member’s position. Any witnesses to the alleged violation deemed relevant by RRPOA’s governing board will also be given an opportunity to address RRPOA’s governing board of directors and officers at the hearing and present evidence deemed relevant by RRPOA’s governing board.
11. Notice: Notice to Member shall be deemed valid and effective if (1) delivered by U.S. regular mail to Member’s address as set forth in Member’s Annual Membership Application, or (2) posted at RRPOA’s check-in gate and official website. Notice to RRPOA shall be deemed valid and effective if delivered by U.S. regular mail to RRPOA’s address as set forth below:
River Ranch Property Owners’ Association, Inc.
18550 County Road 630 East
Lake Wales, Florida 33898
12. Assignments: Except as otherwise provided herein, all of the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of and shall be enforceable by and against, the respective successor and permitted assigns of the parties hereto.
13. Partial Invalidity: Should any portion of this Agreement be declared null and void, such portion shall be validly reformed to as nearly as possible approximate the intent of the parties, and elsewhere, the remainder of this Agreement shall remain valid and enforceable by either party.
14. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to any statutory or common-law provision pertaining to conflicts of laws. The parties agree that courts of competent jurisdiction in Polk County, Florida for purposes of entering temporary, preliminary and permanent injunctive relief and with regard to any action arising out of any breach or alleged breach of this Agreement. The Parties agree to submit to the personal jurisdiction of such courts and any other applicable court within the state of Florida.
15. Attorneys’ Fees: In the event of any civil litigation between the parties arising from this Agreement, or with regard to any other matter, the prevailing party shall be entitled to recover all costs incurred, with such costs to include, without limitation, reasonable attorney’s fees, including such fees and costs incurred with respect to any appeal, in any bankruptcy proceeding or in any action to enforce a judgment obtained by one party against the other.
16. Changes in Agreement: Any changes or alterations in this Agreement must be agreed to in writing and signed by the parties in order to be valid, except as provided in paragraph 3 herein. The terms of this Agreement are intended by the parties as a final expression of their Agreement with respect to such terms and also as a complete and exclusive statement of all terms.
17. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on all the parties, notwithstanding that all the parties are not signatures to the original or the same counterpart.
18. Waiver: The waiver by one party of a breach or threatened breach of this Agreement by the other party cannot be construed as a waiver of any subsequent breach by the other party.
19. Miscellaneous: The parties to this agreement declare and represent that:
A. They have read and understand this agreement;
B. They have been given the opportunity to consult with an attorney if they so desire;
C. They intend to be legally bound by the promises set forth in this agreement; and
D. The headings of paragraphs in this Agreement are for convenience of reference only and shall not in any way affect the interpretation or construction of this Agreement.
20. FINAL AGREEMENT. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT AMONG THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR ORAL OR WRITTEN, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS AMONG THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
WITNESS our signatures as of the day and date first above stated.
|Member digital signature:||RRPOA Approval|
|Date: Thursday, December 02, 2021||Print:|
WAIVER OF LIABILITY, HOLD HARMLESS AGREEMENT,
AND CONSENT TO MEDICAL TREATMENT
I, [name of adult], certify that I am above the age of 18 years old. As consideration for me being allowed access to real property owned by RIVER RANCH PROPERTY OWNERS’ ASSOCIATION, INC., a Florida non-profit corporation (hereinafter referred to as “RRPOA”) and/or participate in activities offered, conducted, authorized, supported, and/or promoted by RRPOA, I agree to release, waive, discharge and covenant not to sue RRPOA along with its officers, directors, members, agents, servants, or employees (collectively referred to here as "releasee") from any and all liabilities, claims, demands, or causes of action that may arise from or be related to any loss, damage, or injury, including death, that may be sustained by me and/or my personal property while I am in River Ranch Acres and/or participating in activities offered, conducted, authorized, supported, and/or promoted by RRPOA.
To the best of my knowledge, I am in good physical condition and I have no knowledge of any physical condition, injury, or illness whatsoever which would place me at risk to access real property located in River Ranch Acres and/or participate in activities offered, conducted, authorized, supported, and/or promoted by RRPOA. I am fully aware of the risks connected with being present in River Ranch Acres and/or participating in activities offered, conducted, authorized, supported, and/or promoted by RRPOA. I voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, that I may sustain as a result of being present in River Ranch Acres and/or participating in activities offered, conducted, authorized, supported, and/or promoted by RRPOA, however caused. I further agree to indemnify and hold harmless the releasee from any loss, liability, damage, or cost, including court costs and attorneys' fees, that may accrue related to me being present in River Ranch Acres and/or participating in activities offered, conducted, authorized, supported, and/or promoted by RRPOA, however caused.
I certify that I am not engaged in any joint venture or joint enterprise with any releasee, including, but not limited to, RRPOA. While present in River Ranch Acres, I will fully comply with all local, state, and federal laws, regulations, advisories, guidelines, and ordinances. Also, while present in River Ranch Acres, I will fully comply with all RRPOA rules, regulations, advisories, and guidelines.
While I am present in River Ranch Acres and/or participating in activities offered, conducted, authorized, supported, and/or promoted by RRPOA, I give permission for the releasee to administer appropriate medical attention to me in the event of any accident, illness, or injury. I will be responsible for any and all costs of medical care and treatment that may be provided, except for care and treatment covered by my insurance. I agree that releasee has no duty to administer any medical attention to me in the event of any accident, illness, and/or injury. This instrument shall be binding upon the members of my family, my spouse, and my heirs, assigns and personal representatives. This instrument shall be governed by the laws of the State of Florida.
I certify that I have read and fully understand the above waiver and consent form. I certify that I am signing this form freely and voluntarily and that I understand that by signing this form I am giving up substantial rights. I certify that all blanks or statements requiring insertion or completion were filled in before I signed.
*** Below is your electronic signature agreeing to the terms and conditions of the membership waiver:
|Member digital signature:||RRPOA Approval|
|Date: Thursday, December 02, 2021||Print:|
River Ranch Property Owners Association
Rules and Regulations 2021 - 2022
The following rules and regulations have been approved by the Board of Directors and shall apply to all Association members and their guests equally.
MEMBERSHIP/PERMITS/CHECK GATES Eligibility – Membership is open to all property owners within River Ranch acres. Membership is also open to spouses and children (under the age of 21 years old) of property owners. All children under the age of 16 must be accompanied by property owner. A current paid tax receipt will be required. All persons entering 16 years and older are required to have a legal picture id.
Owners Permit – An owners permit is required of all those 16 years of age or older who wish to be members of the association and utilize its facilities. Permits are valid year to date. A current tax receipt, deed, or contract for deed will be required.
Spouse Permit – Allows access only, no voting, no guests, no additional ATVs.
Guest Permits – Members may bring guests. Guest permits are required by each guest. Guests must obey all rules. Annual Guest Permit is valid year to date. One (1) Guest permit per year per property owner are all an owner can have. Guest must be accompanied by owner member at all times. Owner & guest must both sign out. If the member has three or more instances where they haven’t signed out the member will loose guest privileges for 1 year after receiving a warning letter.
Family Pass – Will cover adult children & families or members' parents.
GATE HOURS - RRPOA check gate is open 24 hours.
CHECK IN - All members and their guests must check in on entering to the property. Guest must be accompanied by owner member when checking in.
SPECIAL EXCEPTIONS to the guest permit requirements are available for parties, weddings, work days, etc. when such activities are limited to the member’s personal camp only. Guests covered by these exceptions are not to bring ATVs, buggies, airboats or other off road vehicles or boats, engage in hunting or fishing nor use any facilities other than the member’s camp. Members must make arrangements at check gates for a special exception.
HUNTING AND FISHING are allowed in accordance with the rules and regulations of the Florida Game and Freshwater Fish Commission and the special rules of RRPOA. Hunting seasons are those for the Central Zone as established by Florida GFC and special hog seasons as posted by RRPOA
RRPOA HUNTING RULES:
1. No killing of DOE deer at any time.
2. No killing of wild hogs outside of established hunting seasons (archery, muzzle loading and general gun) or RRPOA special opportunity hog hunts.
3. No use of dogs to hunt, catch or pursue wild hogs except during general gun or RRPOA special hog hunts. No night hunting of wild hogs at any time.
4. No dogs of any kind in hunting area during the period starting Labor Day till General gun starts then Members may bring non – hunting dogs into the area provided they are leashed and stay in/on vehicles.
5. The “Griffin Property” is designated a Still Hunt Area, vehicles are restricted to established trails and no dogs are permitted (except bird dogs are permitted during general gun and small game).
6. Dogs must have a collar bearing the name, address and phone number of the owner. Dogs must be in a pen or tied up at camps.
7. No hunting with or discharging of firearms in the camping area.
8. Blaze orange hat/vest is required when entering hunting during all hunting seasons.
9. Trapping of any animal or fish is NOT PERMITTED.
10.No crossing of fences to South Florida Water Management Property (KICCO or Lightsey Tract) Triply Canopy, Joe Stokes or Avon Park Bombing Range is permitted.
11. No “night riding” in hunting area; exit area after legal hunting hours and remain out until 1 hour before sunrise. Also no “night riding” in hunting area in the off season.
12. No guests 5 days prior to and including first 9 days of General Gun.
13. No guests 5 days prior to and including first 9 daysof Archery and Spring Gobbler.
14. Additional no guest dates posted.
**These rules are in addition to applicable game laws, rules and regulations and were instituted to improve safety, game management, and allow all hunters an appropriate area.
Your cooperation is essential to the Association. Please obey all the rules and encourage your fellow members to do the same. Report theft, vandalism, poaching and arson.
Additional Misc Rules
1. No building of Permanent Structures, and no trailers larger than 12 feet wide AND no more than 400 square feet.
2. All ATV’s, buggies and off road vehicles must display an ORV permit and flag. No track vehicles allowed. No dirt bikes or motorcycles.
3. Only Bush-Hogs are allowed. Light equipment will be allowed after filling out form at gate and getting approval...
4. No cutting of live trees including cabbage palms. Palmettos may be mowed but not pushed up.
5. No cutting of fences. Enter RRPOA property only through check gates or Griffin combination lock gate.
6. No night hunting of any game.
7. As of 2009 River Ranch is no longer issuing camps. Camping is allowed on deeded lots. Those without a deeded lot are allowed to camp in the temporary camping area. Temporary means Temporary! You cannot leave anything behind. Guests are not allowed to have a campsite.
8. No dumping or littering. Dumpsters are at check gate. No trash from home in dumpsters.
9. No fires other than camp fires. Do not leave fires unattended, you are responsible for your fire.
10. No discharge of firearms in camping area.
11. Speed limit in camp area is 10 mph. Roads are not maintained for street vehicles, road conditions vary, four wheel drive may be necessary. Do not intentionally damage roads with ATVs, buggies, etc. No loud vehicles.
12. No riding in wet weather ponds or canal
13. Members who do not comply with any of RRPOA’s rules and regulations are subject to fines.
14. All children using the playground must be accompanied by an adult
15. The Association does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations, including, but not limited to , the employment or membership of any individual.
No Member or Guest shall use vulgar, profane, or disrespectful language or gestures towards any member, guest of a member, or officer, director, employee, vendor, agent, or representative of the Association.
No Member or Guest shall express prejudices or use language which might be insulting or demeaning to any member, guest of a member, or officer, director, employee, vendor, agent, or representative of the Association, concerning race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status.
No Member or Guest shall unlawfully discriminate against or harass any member, guest of a member, or officer, director, employee, vendor, agent, or representative of the Association
ATV RIDER INFORMATION
1. If you want to ride faster go to the Playpen. Do not do donuts on the camp roads. RRPOA money pays for the upkeep on these roads. Do not damage them.
2. All ATVs must be equipped with a flag.
3. During Hunt Season, respect the hunt area. Make yourself aware of State Hunting Laws. If in a Hunt Area in gun season, wear a blaze orange vest or hat.
4. Make yourself aware of State laws concerning ATVs. There are periodic patrols by Sheriff’s Office and State Game Officers.
5. You are riding at your own risk. Consider using proper safety equipment.
If you have any questions contact your district Board Representative or any Board Member.
2005 Florida Statute
316.2074 All-terrain vehicles:
(1) It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.
(2) As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger.
For the purposes of this Section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.
(3) No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.
(4) If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.
(5) Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency.
(6) An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.
(7) An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.
(8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
ALL RULES ARE SUBJECT TO CHANGE AT ANYTIME, WITHOUT NOTICE. BY SIGNING YOU AGREE TO FOLLOW ALL RRPOA'S RULES.
|Member digital signature:||RRPOA Approval|
|Date: Thursday, December 02, 2021||Print:|
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