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Preamble
The Lansbrook Lakefront Park is dedicated to the use and enjoyment of the
members of the Lansbrook Master Association, Inc. Rules governing the use and
enjoyment of this facility are for the safety, enjoyment and wellbeing of the
Park users, and are based on common sense and fairness to all members, and
legal and governmental limitations and restrictions imposed on the facility
as part of the development approval process. These rules and regulations are
not intended to provide for every possible contingency and, therefore, may be
revised, amended or waived, as determined by the Board of Directors of the
Lansbrook Master Association, Inc. Suggestions regarding changes should be
submitted in writing to the Board of Directors, Lansbrook Master Association,
Inc., 3527 Palm Harbor Blvd. (Alt 19), Palm Harbor, Florida 34685.
Definitions
Association: Association (LMA) shall mean the Lansbrook Master
Association, Inc., its successors and assigns.
Boat: Boat shall mean inboard or outboard watercraft and manual
or naturally powered crafts to include jet skis.
Developer: Developer shall mean Lansbrook Development Corporation,
its successors and assigns.
Guests: Guest is any person temporarily residing with a member.
Local Guest is any guest not currently residing with a member.
Lansbrook Lakefront Park or Park: Lansbrook Lakefront Park or
Park shall mean the 13.5 acre park facility owned by Lansbrook Master
Association, Inc. at 3600 Lakefront Drive, Palm Harbor, Florida 34685 (as more
particularly described in the legal description attached as exhibit A) together
with any and all submerged land within Lake Tarpon which may be leased by the
Association from the State of Florida for boat dock and boat launching facility
purposes associated with the Park.
Member: Member shall mean every person holding membership in the
LMA pursuant to the Declaration of Covenants, Conditions, Restrictions and
Easements for Lansbrook Master Association, Inc. Members may transfer membership
rights associated with usage of the park and its facilities to tenants of their
property, subject however to the provision that the member waives its usage rights
during the period of such transfer.
General Rules and Regulations
- Lansbrook Lakefront Park is owned and managed by LMA for the exclusive
use and benefit of its members and their guests. All others shall be deemed
to be trespassing. Local guests (as defined previously) must be accompanied at
all times by a member when utilizing the Park and its facilities. Members are
permitted to have no more than 25 local guests per member in attendance. If
members will have more than 25 local guests, then park use must be approved by
the management company/Board of Directors and a fee assessed.
- Members are responsible for observing all rules and regulations and informing
their guests and tenants of same. Members are responsible for damage caused by their
guests. All members and their guests and tenants must carry appropriate
identification with them at all times when they are using the Park facility and
be required to present such identification upon the request of other members, the
Association, its agents or its employees.
- All persons shall conduct themselves in a decorous manner when utilizing the
Park and its facilities. Loud, boisterous conduct, excessive consumption of alcohol,
use of drugs, littering and vandalism are prohibited in the Park. Offenders will be
asked to leave and/or be reported to the Pinellas County Sheriffs Department in
addition to other action which may be taken by the association.
- Members observing rule and regulation infractions should courteously inform
violators of the rule or regulation being abused. Persistent violators should be
reported to the Association's property manager, Monday through Friday, except
holidays, between 9:00 a.m. and 4:00 p.m.
- Any member of the Board of Directors, officers and employees of LMA are
authorized to expel violators of the rules and regulations for the day. Upon
being so expelled, individuals must immediately remove themselves from the Park
premises. Suspensions of longer duration and other disciplinary actions must be
approved by the Board of Directors or committee thereof, in accordance with the
provisions of the Declaration.
- Misuse and/or damage to the Park or its facilities shall potentially result
in one or all of the following actions being taken:
- Suspension of membership and use privileges.
- Payment being assessed for cost of repair or replacement.
- Criminal prosecution.
- Association property may not be loaned, rented or taken from the park premises
for any reason without specific written permission from the Board of Directors.
- No member or guest shall reprimand or be offensive to any employee or contractor
or subcontractor of LMA. Complaints shall be submitted in writing to the property
manager. Complaints must be signed by the member.
- Use of the Park Property and Facilities is at the user's own risk at all
times. The LMA does not assume any liability for accidents to persons, or loss
of, or damage to, personal property.
- It is the user's responsibility to keep the park grounds clean and uncluttered
and not commit any act which could harm or endanger himself or others, for the
protection, safety and enjoyment of the facilities by all users. Trash shall be
disposed of in trash containers provided on the park grounds or, if the provided
containers are absent or full, removed from the park by the member or guest. No
trash or other materials shall be deposited or allowed to remain at any park or
in any pond within the park or in Lake Tarpon unless deposited in the appropriate
trash receptacles.
- Adult members are totally responsible for the actions of their children and
their guests, and shall be notified of any rule infractions or misbehavior by
their children or guests. Adult members are required to help enforce any suspensions
that are levied against persistent violators of the rules and regulations.
- The park is closed daily from 10:00 p.m. to 6:00 a.m. the following day. Any
person in the park during the hours it is closed shall be considered to be
trespassing and subject to legal prosecution and provisions of the Declaration of
Covenants, Conditions, Restrictions and Easements for LMA regarding rule violations.
- Use of park facilities are on a "first come first serve" basis except for
scheduled events approved by the LMA. Dates and times of scheduled events can
be determined by calling the property manager.
- Children under the age of 8 must be supervised by a responsible adult
at all times.
- Parking is limited to those paved and striped areas provided. Driveways shall
be kept open to traffic. Vehicles in violation of this rule may be issued summonses
and/or towed away at the owner's expense. Vehicles with boat trailers are restricted
from parking except in spaces designated for the same.
- Motorized vehicles are restricted to the paved roadway system within the
park. No motorized vehicles are permitted on the lawn areas or pathway system,
except those used for the maintenance and upkeep of the facility. Pathways within
the park are for pedestrian and bicycle use only. The speed limit within the park
is 15 M.P.H.
- Ponds within the park are planted with environmental plantings for storm water
treatment purposes. Plants shall not be removed or damaged, and no swimming or
wading within the ponds shall be permitted.
- Picnickers are responsible for keeping their areas clean and depositing their
trash in the park trash containers. Grills should be cleaned of burnt charcoal and
left in a clean and presentable condition for the next user. Hot charcoal must not
be disposed of in the park trash containers. (See paragraph 10 above).
- Pets must be on leashes and under the control of their owners when in the
park. Owners are responsible for cleaning up after their pets. No animals,
other than dogs or cats on leashes, are permitted in the park. Native animals
and birds within the park shall not be removed, banned or harassed.
- Playground equipment is available for use during the hours of operation. Most
of the playground equipment is designed for young users and adult supervision is
required for their use of these facilities. Members and their guests, regardless
of their age, are expected to conduct themselves in a manner that will not
discourage or intimidate young children from using the playground facilities. Persistent
disregard of this request may result in suspension of membership privileges and
other action.
- No area of the park is designated as a beach or swimming area and entry by
any person into Lake Tarpon from the park is solely at the person's own risk.
- Areas of the park which have been left in their natural condition are
intended for very passive uses only and are not to be utilized for any purpose
which would be detrimental to their natural function and character.
- Skateboards are not permitted in the park.
- Additional rules and regulations to those stated herein, which are posted on
the Park property, shall have the same force and effect as if stated herein.
Dock and Boat Use Rules and Regulations
- Only pleasure boats, in good condition, and under their own power, and
only so long as such boats do not have a beam in excess of 9 feet or a length
in excess of 30 feet, shall be admitted to the boat slips located at the park. All
vessels must be registered or titled as required by Chapter 327 and 328, Florida
Statutes. A copy of the vessel registration or title shall be submitted to the
LMA upon request.
- Boat slips are for day use only by the terms of their construction and
submerged land lease approval conditions. No boats shall be left at the
docking facility overnight. Boats left overnight shall be removed by the
LMA at the owner's expense.
- No boat which is physically or environmentally unsafe or is utilized in an
unsafe or reckless manner shall be allowed to utilize the docking facility. The
Rules of the Road, Navigation Laws of the United States and any special navigational
regulations applicable to Lake Tarpon shall apply to all vessels in or approaching
the dock facility.
- Boats may not be refueled at the dock facility and power boats must have a
fully operational, U.S. Coast Guard approved, fire extinguisher on board at all
times. Fuel, oil, spirits, inflammable liquids or oily bilge water shall not be
discharged into Lake Tarpon or within the park property.
- No boats shall be docked or otherwise tied up to the dock facility except
within the 25 mooring slips. Boats are prohibited within the area between the
dock facility and the shoreline. The boarding platform adjacent to the launching
ramp shall only be used for loading and unloading boats and not mooring.
- Boats shall be operated along the park shoreline and in the area of the
docks in a manner which does not disturb or harm vegetation. Boats shall not
be brought into shore or to the picnic platform areas where shoreline aquatic
vegetation exists. No activity shall be conducted which would cause harm to
wildlife.
- Boats shall not be launched into Lake Tarpon except at locations specifically
designated for boat launching.
- Refuse shall not be thrown overboard or deposited on the dock facility.
- Charcoal fires or open flames of any type will not be permitted on the
dock facility or in boats docked at the facility.
- There shall be no swimming near, or diving from, the dock facility or
boats docked at the dock facility. Fishing is permitted from the dock facility
as long as the activity does not conflict with pedestrian access or boating
activities. Fish will not be cleaned on the dock.
- No repairs of boats or equipment shall be permitted at the dock
facility. No portable, floating or permanent drydocks, davits, inwater
boat lifts or similar devices will be permitted in the boat slips at any time.
- No supplies, materials, accessories, equipment or debris shall be stored or
left on the dock facilities.
- The LMA shall not be liable for the care or protection of any boat (including
its gear, equipment or contents) or for any loss or damage of whatever kind or
nature to the boat, its contents, gear or equipment whether due to the sole
negligence of the LMA or otherwise. By use of the dock facilities, each boat
owner agrees to indemnify and hold the LMA harmless against any loss, cost, suit
or claim arising out of his or her use of the boat slips, launching ramp and dock
facilities at the park or any handling of the boat in connection therewith.
- Laundry shall not be hung on boats or the dock facility.
- No permanent or temporary structure of any kind shall be erected in
the dock facility area.
- Advertising or soliciting shall not be permitted on or from any boat
moored at the dock facility, nor shall any boat be used for business or
commercial purposes. No signs shall be permitted to be displayed on boats
moored at the dock facility.
- Violation of rules and regulations, disorder, depredations, or indecorous
conduct by a boat owner, its crew or guests, that might injure a person,
cause damage to property or harm the reputation of Lansbrook or the park and
docking facilities located therein, shall be cause for immediate removal of
the boat in question, in addition to other action which might be taken by the
LMA.
- Noise shall be kept to a minimum at all times when using the dock
facilities. Boat slip users shall use discretion in operating engines,
generators, radios, and television sets, so not to create a nuisance or
disturbance. The use of power tools (drills, buffers, sanders, etc.) on
boats is prohibited at the dock facility.
- Vehicles and boat trailers shall be removed from designated boat launching
areas as soon as launching is completed, and parked in parking spaces designated
for trailer parking until boats are secure to the docking facility, out of the way
of other boats being launched. Once boats are so secured to the docking facility,
trailers must be removed from the ramp due to limited parking facilities available
to accommodate vehicles with trailers. Trailers shall not be removed from vehicles
while in the park.
Reservations
- Use of all or specific areas of the park may be arranged through the
property manager. Approval of such use and a reservation is required from
the association's property manager and a rental charge may be required to be
paid in advance of the date of use. Fees are addressed in the "Fees and Charges."
- LMA homeowners associations' authorized functions may utilize the park
and shall take precedence when reservations are being made. Determination of
what constitutes an authorized function shall be solely at the discretion of
the Board of Directors of the LMA. Ongoing Association functions must be
approved annually by the Board of Directors.
- Reservations for the park for any non member functions must be submitted
at least one month in advance and approved by the LMA Board.
- Reservations are on a "firstcome - first-serve" basis and must be made
through the property manager's office, Monday through Friday, except holidays,
between 9:00 a.m. and 4:00 p.m. Reservations by members must be made at
least two (2) weeks prior to the proposed usage date. A reservation agreement,
release from liability and indemnification agreement, and rental fee payment
(if applicable) must be received in the property manager's office, within five
(5) calendar days after making a reservation. Fees and charges are addressed
in the next section of this publication. The park gate access key will not be
issued until the appropriate fees are paid.
- Persons making reservations must be at least 21 years of age. Persons making
reservations for persons under this age must be present at the function and assume
total responsibility for the function. Persons who reserve facilities are
responsible for any damage to property and facilities and misconduct during the
rental period.
- The Board of Directors of the Association reserves the right to:
- Deny any reservation and/or function which, in its sole opinion, is not
in the best interests of the Association, its members, or the facility.
- Limit the number of reservations by one individual or group of individuals
if, in the opinion of the Board of Directors, the reservation privilege is being
abused.
- Limit the number of people using the Park or any facility therein should
safety or property damage be a factor.
Fees and Charges
- No fee will be charged for use of the park by a member if less than
25 guests are in attendance. A $25 fee will be charged to members having more
than 25 guests.
- The rental fee for non-members, regardless of the number of guests, will
be a minimum of $100. The Board reserves the right to decline reservations or
charge higher rental fees or charge no fee for employees of LMA and subcontractors
of LMA.
- A $100 damage/clean up deposit is required in advance when reserving the park
by members or non-members. The Association's property manager shall return the
deposit within three business days of the park use provided no complaints (relative
to the reserved function) were made by a member, LMA staff or member of the Board of
Directors concerning the condition of the park, and the gate key is returned to the
maintenance office. Should all or a portion of the $100 damage/clean up deposit be
withheld by the Association's property manager an appeal for the recovery of the
withheld amount must be made in writing to the property manager or in person to
the Board within 15 calendar days of the park event.
- LMA and LMA development homeowners' associations may utilize the park without
being charged a usage fee. The $100 damage/cleanup deposit referenced in
Paragraph 3 above is applicable to these homeowners' association functions.
Conclusion
The Board of Directors recognizes that unique circumstances may require
variance of rules stated herein, specifically since it is hoped that the
Lansbrook Lakefront Park will become a vibrant and much used facility as
the Lansbrook community grows. Please direct requests for such variances,
or just suggestions for improvement of the Park facility and its usage, in
writing, to: President, Lansbrook Master Association, Inc. All such requests
shall be considered but decisions shall be deemed final for each specific
variance request made. Under no circumstances shall the grant or denial of
a variance be considered as precedent setting, since each such request shall
be judged on its own merits.
Adopted this 7th day of June, 2001 by the undersigned, being all of the
members of the Board of Directors of Lansbrook Master Association, Inc.
Steve Althoff
Joe Mixon
Jack Speckman
Doug Gates
Gary Gilchrist
Bill Showalter
Phil Guido
Exhibit "A"
That portion of Section 29, Township 27 South, Range 16 East, Pinellas
County, Florida, being further described as follows:
Commence at the East ¬ corner of Section 28, Township 27 South, Range 16 East,
thence along the EastWest centerline of said Section, N. 89§' 14' 36", W. 2452.68
feet to a nontangent curve concave Easterly, having a radius of 2450.00 feet and
being the centerline of Tarpon Lake Boulevard (80' R/W as recorded in O.R. Book
4831, Page 396, of the Public Records of said County; then Northerly along said
curve and centerline, 816.98 feet through a central angle of 19§'06'22"
(C.B. N. 18§'27'35" E., 813.20 feet), thence radial from said curve extended,
N. 6-1§'59' 14" W., 5 10.00 feet to a curve concave Northeasterly, having a
radius of 1000.00 feet; then Northwesterly along said curve, 336.91 feet through
a central angle of 19§' 18' 13" (C.B. N. 52§' 20' 08" W., 335.32 feet) to a
reverse curve concave Southwesterly, having a radius of 1400.00 feet; thence
Northwesterly along said curve, 1452.83 feet through a central angle of 59§'
27'28" (C.B. N. 72§' 24" 45" W.. 1388.51 feet) to a reverse curve Northerly
and having a radius of 1500.00 feet: thence Westerly along said curve, 1158.40
feet through a central angle of 44§' 14'5 1 " (C.B. N. 80§' 0 1'04" W., 1129.82
feet) to a reverse curve concave Southerly and having a radius of 1000.00 feet: thence
Westerly along said curve, 1258.49 feet through a central angle of 72§' 06' 22"
(C.B. S. 86§' 03' 11 " W., 1177.07 feet): thence S. 50§' 00' 00" w., 181.53
feet; thence S. 40§' 00' 00" E., 66.57 feet to the POINT OF BEGINNING, thence
S. 40§' 00'00" E., 485.75 feet, thence S. 43§' 00'00" W., 637 feet more or less
to the Easterly shoreline of Lake Tarpon and Point A: thence from the Point of
Beginning being on a curve concave Southeasterly having a radius of 175.00
feet, Southwesterly along said curve 19.60 feet through a central angle of
06§ 25' 05" (C. B. S. 24 § 56' 39" W., 19.59 feet to a reverse curve concave
Northeasterly and having a radius of 85.00 feet; thence along said curve
Northwesterly, 350.90 feet through a central angle of 236§' 3 1'46" (C.B. N.
40§' 00'00" W., 149.73 feet) to a reverse curve concaveNorthwesterly, having
a radius of 175.00 feet; thence Northeasterly along said curve, 19.60 feet
through a central angle of 06§' 25' 05" (C.B. N. 75§' 03' 21" E., 19.59 feet); thence
nontangent, N. 40§ 00'00" W., 165.09 feet; thence S. 77§' 00'00" W., 580 feet more
or less to said Easterly shoreline; thence meander Southeasterly along said
shoreline, 1260 feet more or less to Point A.
Containing 13.5 acres more or less. Subject to easements, restrictions and
rightsofway of record.
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