RULES & REGULATIONS
These Rules and Regulations of Granite Point (“R&Rs”) apply to the private property of Granite Point Resort, commonly known as 41000 Granite Point Road, Loon Lake, WA, 99148 (“Resort” or “GP”). All guests, invitees, visitors, customers, occupants, seasonal Guests, and other persons present on the Resort (collectively, “Guests”), shall be subject to these R&Rs, as such may be amended from time to time by the Board of Directors for Granite Point Park, Co. By being present on the Resort, each Guest is deemed to agree to and covenant to uphold these R&Rs.
1. GUESTS, GUEST CARS, AND PARK FEES. The Resort is private property, owned and managed for business purposes. No Guest may reside on the Resort or park any car on the Resort without the Guest and the vehicle being registered with GP and paying the applicable fees. Any vehicle that does not bear registration issued by GP will be presumed to be an unregistered vehicle, and GP may assess a fine, penalty, or take such action as reasonably necessary or appropriate or necessary to remove any unauthorized vehicle from the Resort, including towing. Any visitor who is not registered by virtue of a written agreement with GP to stay overnight in a mobile, cottage, or RV must vacate the Resort at dusk, and no event later than 10:00 PM.
2. NOISE/QUIET HOURS. Guests shall not allow any sound medium, including cell phones, radios, speakers, windchimes, television, or any audiovisual device, which can be heard or experienced in any Common Area, including outside of any cottage, mobile, RV, Site, or the immediate surroundings of the Guest. Quiet hours are between 10:00 p.m. and 8:00 a.m., and all Guests shall use best efforts to keep noise, including their voices, at low levels during such times. At all times (not just quiet hours) Guests shall use reasonable efforts to prevent music, television, or other audible devices from carrying to Common Areas or other Guests’ Sites.
3. NO SMOKING. The Resort is a “NO SMOKING” Resort. NO SMOKING OR VAPING OF ANY KIND OR SUBSTANCE IS PERMITTED IN ANY COMMON AREA WEST (LAKESIDE) OF THE RAILROAD TRACKS (including but not limited to, on lawns, beaches, and docks).
4. DISRUPTIVE AND INAPPROPRIATE CONDUCT. Guests shall not engage in any illegal conduct or cause any unreasonable disturbance to other Guests of the Resort. Acts including physical or verbal fighting, stalking, harassment, intimidation, threats of any kind, intoxication, and obnoxious behavior commonly associated therewith is prohibited and may subject a Guest to removal from the Resort. THE RESORT HAS A NO TOLERANCE POLICY FOR PUBLIC INTOXICATION.
5. COMMON AREAS. “Common Areas” are all areas of the Resort that have not been expressly delineated, through written agreement between GP and a Guest for a Guest’s exclusive Use. Common Areas include, but are not limited to the lawns, beaches, roadways, playgrounds, basketball courts, restrooms, store, launching area, docks, and areas of the resort available for use by Guests generally. Guests shall not modify, alter, make any improvements to or within any Common Areas, including removal or damage to any sign, fixture, vegetation, or structure. Prohibited actions include, but are not limited to removal of vegetation or trees from any Common Areas, carving of paths or trails through Common Areas (by vehicle or otherwise), constructing improvements of any kind or nature in Common Areas, or taking any action that would materially interfere with the use and enjoyment of Common Areas by other guests of the Resort. Guests shall not leave any of Guest’s personal property, including lawn chairs, awnings, storage chests, paddleboards, or beach floats in the Common Areas between the hours of 10:00 p.m. and 8:00 a.m. Property left in the Common Areas between the hours of 10:00 p.m. and 8:00 a.m. will be deemed abandoned and may be confiscated and disposed of by Resort staff. No Guest may alter any structure or improvement in any Common Area, or install any outbuilding, deck, playhouse, impervious surface, dock, boathouse, bulkhead, shoring, or other semi-permanent or permanent improvement or structure in any Common Area. No jet skis, boats, paddleboats, kayaks or other watercraft may be stored anywhere on the Resort or in the waters associated with the Resort except with a permit or pass issued by the Resort and payment of a fee for such storage in a designated area.
6. BOATS AND PERSONAL WATERCRAFT. No boat, jet-ski, personal watercraft, or boat trailer may be parked within the Resort, including on the beach, dock, or buoy unless with the express permission of the Manager, and then only in a designated area, and subject to payment of any applicable fee. No Guest shall moor or locate any personal watercraft/boats in a Common Area or in the waters associated with the Resort (including all waters below the line of navigation) without having registered the same with GP, and paying any applicable Resort fee, and then, any such watercraft must be moored only in designated areas. No mooring buoys or similar obstructions may be placed in waters associated with the Resort (including all waters below the line of navigation). All Guests must pay the applicable fee for beaching, anchoring, docking or mooring boats.
7. OUTSIDE STORAGE. No personal property, including recreational equipment and machinery shall be stored in any Common Area absent Manager approval indicated through GP-issued identification on the personalty or written record with the Manager. Any personal property and equipment shall be located entirely within the boundaries of the mobile or RV Site or neatly beside the immediate exterior of the Cottage that is being rented to a Guest for Guest’s exclusive use pursuant to a written agreement between GP and Guest (“Site”). All items stored outdoors within the parameters of the above, and consistent with applicable Design Standards of the Resort, shall be kept in a neat and clean fashion, obscured from view from all common areas of the Resort. No “indoor” furniture and appliances shall be kept on the exterior of a mobile, RV or cottage unless expressly permitted in the Design Standards. No tarps shall be allowed. Any storage covers shall be fitted and of earth tones that blend in with the environment.
8. TENTING. No tenting or erection of any tent for sleeping purposes is allowed on any Site or anywhere in the Resort except with advance written permission of Management and then, subject to, at minimum, the following limitations: (a) the tent shall not be erected prior to dusk and must be removed no later than 9:00 am, and (b) the tent shall be used exclusively for sleeping purposes; and (c) the tent shall not be used to accommodate any persons other than the approved number and named individuals who have been preregistered for the cottage, mobile, or RV site.
9. ANTENNAE; SATELLITE DISHES. No radio, television, or other communication antenna equipment or device is to be mounted, attached, or secured to any part of the roof, exterior surface, or anywhere in the Resort, unless the Manager of GP provides written consent, or applicable law dictates the allowance thereof.
10. FIREARMS AND FIREWORKS. Firearms and fireworks are strictly prohibited within GP. No firearms (including air guns) may be carried or discharged within the Resort.
11. SEWER SYSTEM; WASHING MACHINES; GARBAGE DISPOSALS. No Guest shall use any of the following on the Resort or dispose of any items in the sinks, drains, or toilets other than standard human waste, toilet paper, or wastewater, including chlorine bleaches (e.g. Clorox), phosphorous soaps; food scraps; plastic products; sanitary napkins; tea bags, cooking fats, cooking oils; petroleum products (gasoline, naphtha, kerosene, lubricating oils); paint products (thinner; brushes); or any other item that would commonly be prohibited in a septic system. No washing machines are allowed in any Mobile, Cottage, or RV without the express written permission of the Manager. Garbage disposals are prohibited.
12. PARKING. Any vehicle in the Resort not bearing proper Resort-issued identification may be removed or cited; no vehicle is permitted in the Resort unless it has been registered. Parking is allowed in designated areas only. No Guest shall obstruct, with vehicle or otherwise, any roadway in GP at any time. Vehicles shall not be parked alongside roadways unless the area is designated as a parking area. No Guest may park on any portion of the beach. No Guest shall park or drive on any lawn or Common Areas.
13. VEHICLES; SPEED LIMIT. Speed limits are 5 mph unless otherwise posted. Motorcycles and all-terrain or similar vehicles are not permitted within GP. Incoming motorcycles must park in specified areas outside of the main entry. Mopeds/Vespas that do not create excessive noises may be permitted. Bicycles are permitted on roadways and bike paths. No vehicles, including bicycles, on the beaches at any time.
14. GOLF CARTS. Gas power golf carts are prohibited. No golf carts are allowed on the beaches (except in the launching area) or on any lawn areas. Golf carts shall be parked in designated parking areas. Golf carts shall not be parked immediately in front of the Store or in any manner that interferes with ingress and egress by customers. No golf cart may be operated within the Resort unless the driver has a license, the operator has liability insurance and the cart is operated in full compliance with RCW 46.04.357 and RCW 46.04.295 for use within the Resort. Noisy, poor running golf carts are not permitted in GP. Golf carts shall be operated responsibly, and not overloaded with people or cargo.
15. FIRES; FIREPITS; BBQs. No Guest may start or maintain any open fire within the Resort. Except during times of burn bans, or publicly posted “GP Burn Bans,” charcoal and wood-burning is permitted in a fully enclosed container (including cover), lifted off the ground at least 12 inches. No Guest shall leave any fire container unattended, and Guest shall completely extinguish any fire/coals when finished. Any use of fire, even in an enclosed container during authorized periods, is at the Guest’s sole risk and liability. No coals or ashes may be disposed of in trash containers unless such trash container is expressly labeled for such purpose.
16. PETS. Despite being dog/animal lovers, no pets (dogs, cats, birds, fish, or otherwise) are allowed in the Resort lakeside of the railroad tracks except for service animals recognized under Titles II and III of the Americans with Disabilities Act (“ADA”). A dog whose purpose is to provide emotional support, but who has not been qualified as a service animal under the ADA (e.g., the owner has a disability and pet has been trained to perform work or a task), is not permitted in the Resort. Pets may not be left tethered on a Site, must not be disruptive to other Guests of the Resort, and must be properly controlled to prevent chasing wildlife or disturbing the peace. Pets shall be on a leash while walking through the permitted areas. The Guest is responsible for picking up and disposing of pet waste in trash bins.
17. DIGGING. To prevent damage to underground pipes and wires, no holes may be dug for planting of trees and shrubs, construction of fences or supports, or for any other purpose without inspection and prior written approval by GP. Even with such GP approval, Guests must call the public locate service and obtain a GP-locate of GP utilities prior to digging.
18. TREES, VEGETATION, AND BANKS. No Guest shall remove or authorize removal of any tree anywhere on the Resort, including within a Site. Guests are responsible for evaluating the surroundings and making a choice on the Cottage or Site they rent, and assume all risks associated therewith. GP is not responsible for naturally occurring events, including pinecones, limbs, branches, or even a falling tree if such tree has not been identified by an arborist as a dead, dying, or dangerous tree in need of removal. If a Guest believes that a tree within a Site is dead, dying, or dangerous, Guest shall promptly notify the Manager so that a certified professional can make such a determination and arrangements can be made for removal where necessary. No Guest shall remove, damage, or degrade vegetation growing on any slope or hillside or in any Common Area. No Guest shall climb on or make trails through any hillside or bank.
19. NONRESIDENTIAL USE. No trade, craft, business, profession, commercial or similar activity shall be conducted in the Resort by any Guest, without the express prior written consent of GP, which consent may be freely withheld or withdrawn at any time. Nothing herein shall preclude GP from engaging in its business, nor shall it preclude the occupant of a Site from handling professional phone calls or utilizing a personal office or computer for professional purposes.
20. NO LIFEGUARD; ASSUMPTION OF RISK. No lifeguards are on duty for the Resort, even in designated swimming areas. The Guest and any invitee of the Guest assume the risk inherent with proximity to large bodies of water or engaging in swimming, boating, or other activities near or within the lake.
21. SIGNS AND ADVERTISING. Except as specifically permitted in any written agreement between Guest and GP, Guests shall not permit or allow any advertising medium to be placed on exterior walls or windows, on the sidewalks, parking lot areas, light poles, or Resort. Guests shall not display on their Site or in any Common Area any political signs, or any banners, pennants, trade or seasonal decorations of any size, style or material on the Resort, except in areas as may be designated by GP. Manager may, in its reasonable discretion require any Guest to remove any sign or similar medium on a Site that is visible from a Common Area.
22. SOLICITATION. Absent written consent from GP, which may be withheld or withdrawn at any time, Guest shall not, in or on any part of the Resort to which guest does not have a right of exclusive use: (a) solicit orders for sale or distribution of any merchandise, service, or other matter whatsoever, (b) exhibit any sign, placard, banner, notice or other written material on or outside the Site, except as permitted under the rental agreement, (c) distribute any circular, booklet, handbill, or other material, except for activities as approved in writing by GP; (d) solicit contribution or membership for any purpose.
23. TRASH; RECYCLING. Guests shall dispose of all trash in approved garbage containers. Guests shall not generate more waste than typical of the routine Guest use (e.g., limit trash to one container per week, no disposal of furniture, equipment, or other materials that do not fit within the trash can). Guests shall pay charges incurred by the resort for trash generated by the Guest that exceeds that allowed in a Rental Agreement (one trash can/week), or which is deemed excessive for a day or Cottage use. Guest shall use good faith efforts to recycle all recyclable materials in compliance with applicable recyclable policies. Guests shall not deposit any hazardous waste or chemicals within the Resort. Guests shall respect the Resort and use good faith, reasonable efforts to keep areas of common use in neat and clean condition.
24. ABANDONED VEHICLES. Parking of partially wrecked, inoperative, unlicensed, unsightly, or junk motor vehicles on any Site or in the Resort is prohibited. The Resort reserves the right to remove any abandoned vehicles at the Guest’s sole expense; and, in entering onto Resort property, Guest authorizes the same and releases the Resort from any liability therefore.
25. COMPLAINTS. If you have cause for complaints with respect to facilities or activities within GP, please see the Manager of GP. Except for emergencies, Guest is encouraged to present complaints to GP in writing, signed, and dated. GP will attempt to remedy the situation, but GP is not obligated to do so unless otherwise required by the rental agreement or by law. GP believes, there are at least two sides to every story. Please be a good neighbor and work out issues at the lowest level.
26. ENFORCEMENT; NO WAIVER. THE RESORT IS PRIVATE PROPERTY, AND NOTWITHSTANDING ANY SUGGESTION TO THE CONTRARY IN THESE R&RS, GP RESERVES THE RIGHT TO REMOVE OR DEMAND REMOVAL OF ANY GUEST FROM THE RESORT, IMMEDIATELY AND PERMANENTLY, FOR A VIOLATION OF THESE R&RS. VIOLATIONS OF ANY OF THE RULES AND REGULATIONS CONTAINED HEREIN MAY BE SUBJECT TO ENFORCEMENT CONSISTENT WITH ENFORCEMENT PROCEDURES SET FORTH BELOW, PROVIDED, HOWEVER THAT: (A) NOTHING HEREIN PRECLUDES OR LIMITS THE AUTHORITY OF GP, AS THE PROPERTY OWNER, TO TERMINATE ANY RENTAL AGREEMENT OR TO ORDER A GUEST TO PROMPTLY LEAVE THE PRIVATE PROPERTY OF GP, AS AUTHORIZED UNDER APPLICABLE LAW; AND (B) GP’S INTERMITTENT FAILURE TO ENFORCE CERTAIN R&Rs CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF THE SUBJECT R&R AS TO THE SUBSEQUENT ACTS OF ANY PERSON OR ENTITY OR AS TO THE R&Rs IN GENERAL. NONE OF THE R&Rs SHALL BE DEEMED WAIVED AGAINST ANY PERSON OR ENTITY, OR AS TO EVERYONE, UNLESS SUCH WAIVER IS EXPRESSLY GRANTED IN WRITING BY GP, AND THEN, SHALL BE A WAIVER ONLY WITH RESPECT TO THE SPECIFIC MATTER OR MATTERS TO WHICH THE WAIVER RELATES AND SHALL IN NO WAY IMPAIR THE RIGHTS OF GP OR THE OBLIGATIONS OF THE OTHER PARTIES IN ANY OTHER RESPECT AT ANY OTHER TIME.
Subject to the provisions set forth in the immediately preceding paragraph and all other rights and remedies afforded to GP pursuant to any rental agreement to which GP and Guest may be parties, GP will enforce the R&Rs in accordance with the following policy. GP, in its sole discretion, may (but shall have no obligation to) issue a warning notice to a Guest believed to be in violation of any of the R&Rs prior to imposing a fine or taking other enforcement action. GP, in its discretion, may, but shall not be required to, engage in the enforcement procedures set forth herein where the alleged violation is also a breach of, or default under, any separate written agreement between GP and Guest. A violation of these R&Rs shall constitute a breach of any rental agreement between GP and Guest.
26.1 Enforcement; Relation to Rental Agreement. The rights and remedies set forth herein are cumulative and in addition to all other rights and remedies of GP against Guest for a violation of a rental agreement. Nothing herein shall be construed to limit or restrict any enforcement rights or remedies of GP under any rental agreement with a Guest, or any rights or remedies available to GP at law or in equity. A violation of the R&Rs shall be deemed a default under any applicable rental agreement between Guest and GP. GP reserves the right to exercise all rights and remedies under the rental agreement for a violation of any of the R&Rs, including declaring Guest in default and terminating the rental agreement.
26.2 Assessment of Fines; Restrictions on Use; Self-Help. In addition to any other right or remedy available to GP, if a Guest violates any R&R, GP may remove or restrict the Guest from access to and use of the Resort. Any Guest violation an R&R shall be subject to a fine of $100 per violation may be imposed against a Guest for the first offense. A fine of $250 per violation may be imposed against a Guest for a subsequent violation of the same R&R. The foregoing notwithstanding, removal of a tree or vegetation in violation of the R&Rs will be subject to a fine of $1000 per violation, with an obligation to replace the tree with one of a similar size and quality. Any fines which are not paid when due shall incur interest at the default rate of 12% or the maximum rate allowed under applicable law, whichever is less. In addition to assessing the fines contemplated herein, a Guest violating the R&Rs may be subject to any fines or penalties available under applicable law, including by way of example, treble damages associated with removal of a tree. If a Guest fails to correct a violation, or in lieu of, or in addition to assessing the fines or other remedies described herein, GP may cure the violation and assess all costs of so doing against the Guest, and GP may pursue all remedies available at law and in equity.
26.3 Notice of Violation; Dispute Resolution. When a violation of any R&R occurs and GP is assessing a fine or desires the Guest to correct the violation, GP will issue a written notice of violation (“Notice”) and deliver such Notice via one or more of the following means (each such means constituting “delivery” for purposes of this Section): (i) posting such Notice on the site that the Guest is occupying, (ii) hand-delivering the Notice to the Guest (or to the Guest who has signed the R&Rs), (iii) mailing the Notice at the address on file with the Resort; or (iv) emailing the Notice to the Guest (or to the Guest who has signed the R&Rs) at the e-mail address on file with the Resort; or (v) placing the Notice on the vehicle of the Guest. The Notice will be addressed to the Guest whose name is on the rental agreement or other registration on file with the Manager—if such address is available, or otherwise contain the best information available (e.g., name/license plate) identifying the Guest; state the violation and the fine as well as the date on which such fine is due.
26.4 Grievance Procedure. If a Guest receives a Notice, then within three (3) days of the date that GP delivers the Notice to Guest, Guest may dispute the violation or explain the Guest’s position by notifying the Manager and Board in writing (either via hand delivery to the Manager of the Resort, or via email addressed to both email@example.com and firstname.lastname@example.org ) of the basis for disputing the violation, and, if so desired, request a hearing (which hearing may, subject to Board availability, be conducted via conference call) before a quorum of the Board of Directors for GP (“Hearing”). If the Guest has timely requested the Hearing, then the Board shall set a time and date for such Hearing, which Hearing shall be held between the hours of 9:00 am and 5:00 p.m., Monday-Friday, unless otherwise mutually agreed by the Guest and the Board. The Guest shall be bound by the decision of a majority of the Board, any fines previously assessed shall be immediately due. Any subsequent violation of an R&R by the same Guest shall be subject to the same process set forth above.