O-2019-3743 Authorization to enter an agreement with Fairmont Park West HOA

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indebtedness by LESSEE. Notwithstanding the foregoing, LESSEE shall have the right to rent the leased premises to a third party on an hourly and daily basis for special events such as birthday parties and family reunions. VII. The LESSEE shall open the Fairmont Park West swimming pool and appurtenant park space to residents of Fairmont Park West subdivision, with or without charge or fee. Due to the swimming pool being available for use only by residents of Fairmont Park West subdivision, the LESSEE shall operate the swimming pool as a Class C pool and as such shall not be required to provide lifeguards so long as the existing diving board is removed and no diving board or slide is installed during the lease term, in accordance with 25 TAC §265.199(g)(9)]. In addition, 1) a sign shall be placed in plain view and shall state "NO DIVING" along with an international warning symbol for no diving. The letters "NO DIVING" and the symbol shall be at least 4 inches high); 2) a warning sign shall be placed in plain view and shall state "WARNING -NO LIFEGUARD ON DUTY" with clearly legible letters at least 4 inches high. Such sign shall also state in letters at least 2 inches high "CHILDREN SHOULD NOT USE POOL WITHOUT ADULT SUPERVISION"; and 3) if a telephone is not readily visible from the pool, directions shall be posted regarding its location. Furthermore, the transition point of the pool from the shallow area to the deep area of the pool shall be visually separated by a 4 -inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom. will be required to provide general, routine and normal upkeep (i.e. application of swimming pool chemicals, cleaning, etc.) of the swimming pool and pool house. Additionally, the LESSEE shall be responsible for general, routine and normal maintenance of the appurtenant park space, specifically including the playground equipment and other amenities situated thereon, and agrees to be responsible for mowing and landscaping of the leased premises (including areas immediately surrounding the swimming pool). The LESSEE is also