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Index I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII.
Introduction Moving In Residential Operations Services & Amenities Fitness & Spa Valet & Parking Access & Deliveries Safety & Security Guidelines & Rules Administrative Matters Miscellaneous Appendices
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I Introduction Welcome to The Residences at Mandarin Oriental, Las Vegas Dear Resident, As the breathtaking gateway to CityCenter, one of Las Vegas’ most luxurious and distinctive mixed-use developments, The Residences at Mandarin Oriental, Las Vegas will offer residents a chic and elegant respite from the bustling Las Vegas Strip, the luxurious hotel and residential property will be in harmony and manifest the concept of luxurious living and convenient access. Residents will enjoy and experience the delightful and accomplished service for which only the Mandarin Oriental is legendary. The Residences at Mandarin Oriental, Las Vegas are undoubtedly a unique architectural contribution to the CityCenter community and were designed by internationally acclaimed Kohn Pedersen Fox Associates. The Residences at Mandarin Oriental, Las Vegas will be the premiere Las Vegas Boulevard address residing at 3750 Las Vegas Boulevard South, directly off Las Vegas Boulevard. The Residences at Mandarin Oriental, Las Vegas include 225 condominiums. This presence culminates in The Luxury Collection and The Penthouse Collection, two distinctive floor plan collections embracing the highest standard of beauty. Finish options have been created by the interior expertise of Kay Lang + Associates and offer sublime inner landscapes that draw natural light inward with reflective textures and colors. Residents will be pampered by the world renowned service and enjoy full access to private residential services and amenities including concierge services, valet & door, security, on site 3|Page
engineering, other personalized services and a management team to assist our homeowners with all inquiries and the delights of living in a Mandarin Oriental Residence. In addition our residents will enjoy many of the Mandarin Oriental, Las Vegas’ Hotel services & amenities – including housekeeping, in-room dining, the Spa, a Fitness Center & relaxing Pool deck and an array of culinary experiences within the hotel. This Residential Services Directory is your guide to life at The Residences at Mandarin Oriental, Las Vegas, outlining our services and policies. Please feel free to call the Residences Front Desk at (702) 590-8883 if we can be of assistance.
Sincerely,
The Residential Management Team
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The Mandarin Oriental Hotel Group Mandarin Oriental Hotel Group is the award-winning owner and operator of some of the world's most prestigious hotels, resorts and residences. Mandarin Oriental now operates, or has under development, 41 hotels representing over 10,000 rooms in 25 countries, with 17 hotels in Asia, 14 in The Americas and 10 in Europe and North Africa. In addition, the Group operates, or has under development, several Residences at Mandarin Oriental, connected to the Group’s properties. The portfolio includes the original flagship properties, the acclaimed Mandarin Oriental, Hong Kong and Mandarin Oriental, Bangkok. Other deluxe hotels are located in prime destinations worldwide, from London and New York, to San Francisco and Singapore. The aim of Mandarin Oriental Hotel Group is to be widely recognized as the best luxury hotel group in the world, providing exceptional customer satisfaction in each hotel. The growth strategy of the Group is to successfully operate 10,000 rooms in major business centers and key leisure destinations around the world, whilst continuing to expand their presence globally. The current portfolio reaches across four continents. Mandarin Oriental Hotel Group regularly receives international recognition and awards for their legendary service hospitality.
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The Residences at Mandarin Oriental, Las Vegas Service Personnel General Manager Director of Residences Residences Accountant
(702) 590-3000 (702) 590-3250 (702) 590-3054
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II Moving In The Nature of Condominium Living Living in a residential condominium community is a unique experience, one that includes the benefits of combining the resources of our Unit Owners, such as sharing the use and enjoyment of the common areas. Our residents benefit from interactions with fellow residents, from the assistance of the staff, which provides services to all of the residents, and the incredible variety of services offered to residents on behalf of Mandarin Oriental Hotel.
Perhaps the most
important consideration that is used in making decisions about The Residences at Mandarin Oriental, Las Vegas is what is in the best interest of “all of the residents.” While we always do our best to meet the needs and requests of individual residents, we must always keep in mind what is in the best interest of the residents as a whole.
The Residences at Mandarin Oriental, Las Vegas The Unit Owners of The Residences at Mandarin Oriental, Las Vegas (the “Condominium”) collectively form the CityCenter Luxury Residences Unit Owners Association (the “Association”) and elect a Board of Directors (the “Board”) to make decisions and set policies for the Association.
The Condominium Documents The Condominium Documents are the governing documents of The Residences at Mandarin Oriental, Las Vegas. The Condominium Documents include “The Articles of Incorporation” and “The Declaration of Covenants, Conditions and Restrictions and Reservation of Easements” (“CC&Rs”), “The By-Laws,” “The “Rules and Regulations,” “Reciprocal Easement Agreement for Luxury Building,” and all “Exhibits” are part of “the Condominium Documents.” These documents are the legal foundation of the Condominium and adherence to them is essential to the decision-making process and to the management of The Residences at Mandarin Oriental, Las Vegas. 7|Page
We urge you to become familiar with these documents.
If an additional copy of the
Condominium Documents is needed, please speak with the Director of Residences. Adherence to the Condominium Documents, including the Rules and Regulations, by Unit Owners and residents is central to the common goal of a condominium, which meets the needs of all residents.
Condominium Fees Condominium fee payments and payments for any Incidental Charges that may be owed are due on the first day of every month. Payment is considered late if it is not received by 5:00 pm PST on the 15th of the month. If a payment is received after 5:00 pm PST on the 15 th of the month, late fees will apply. We highly recommend that you mail your payments to allow enough time for processing by the USPS mail.
Methods of Payment The following are acceptable methods of payment:
Checks drawn on U.S. banks only. All returned checks will be subject to a service fee of
forty ($40) dollars. Auto-Debit – ACH from your checking or savings account Bank Draft/Money Order Wire Transfer
Signing Privileges To arrange a Monthly House Account for signing privileges within established outlets/defined facilities within Mandarin Oriental, Las Vegas, please contact our Residences Accountant at (702) 590-3054. Additionally, a Resident Credit Card Authorization “Signing Privileges” Form is also located in Administrative Matters of this manual, and may be completed and submitted to the Residences Accountant to initiate this process. NOTE: If you are leasing your unit, please ensure to have the lessee set up his/her own Incidental Charges account. A lessee’s Incidental Charges will require a separate billing account 8|Page
from the unit’s owner should the lessee incur any additional charges.
Please contact the
Residences Accountant at (702) 590-3054 for further information. Any expenses associated with repair or maintenance of a unit will be applied to the monthly statement of the Unit Owner. The address to which condominium assessments, fee payments, billing inquiries and signing privileges are to be sent is the following: The Residences at Mandarin Oriental, Las Vegas Attn: Residences Accountant 3750 Las Vegas Boulevard South Las Vegas, NV 89158 (702) 590-3054
Moving In Moving is always a major event and we will do our utmost to make your move to The Residences at Mandarin Oriental, Las Vegas as simple and smooth as possible. The following are guidelines and suggestions to help you in the planning of your move. In order to simplify your move into The Residences at Mandarin Oriental, Las Vegas, please note the following information. Move in/out times are: Monday through Friday, 9:00 AM - 5:00 PM. Closed on major holidays.
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Any move-in or move-out of the building must be scheduled with the Residential Front Desk. If possible, please provide a two week advance notice as this will assist in securing a reservation for a scheduled move-in with the loading dock area and confirming an elevator reservation. A minimum notice of at least 72 hours in advance must be given to secure usage of the residential service elevator. The Dock Master controls and coordinates the efficient and seamless flow of traffic through the loading dock. Please contact the Residential Management team to schedule your Move In/Move Out times so that you may communicate this to your vendor. In addition, please provide the Residential Management team with the contact details of the vendor or moving company so that we may verify all required documentation such as insurance and licensing. Please provide a copy of the certificate of insurance from your moving company to the Residential Front Desk prior to the move. The moving company and their employees must abide by the Rules and Regulations and the Condominium Documents of The Residences at Mandarin Oriental, Las Vegas. The moving company will not be able to leave items in front of other unit’s doors, elevator doors or emergency egress doors in the common areas. The moving company will need to remove from the property any empty boxes or refuse associated with the move. The Unit Owner is responsible for any damage that may occur during the move. A documented walkthrough of the common areas involved in the move will be conducted before and after the move. In order to protect the residential service elevator used in your move, pads must be placed in the service elevators prior to any move-in or delivery requiring padding. Please note our residential passenger elevators are prohibited from the use of contractors or any construction or delivery personnel unless special arrangements are made with the Director of Residences. For more information to successfully ensure your move-in, move-out, or deliveries, and the loading dock areas, please refer to Administrative Matters in this Manual.
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Your new address at The Residences Mandarin Oriental, Las Vegas is: The Residences at Mandarin Oriental, Las Vegas 3750 Las Vegas Boulevard South, Unit # __________ Las Vegas, NV 89158 Please inform the Residential Accountant in writing, of any changes the address to which you want correspondence sent. If no other address is provided, mail will be sent to your unit address. Attn: Residences Accountant 3750 Las Vegas Boulevard South Las Vegas, NV 89158 NMousaw@mohg.com Office: (702) 590-3054
Resident Data Form Administrative Matters of this manual has a Resident Data Form, to be completed at your convenience. This form gives you the opportunity to inform us about your various addresses and telephone numbers, emergency contacts, and other information which may be relevant to us as we endeavor to meet your needs and be of service to you. In order to better serve the Unit Owners at Mandarin Oriental, Las Vegas, a Signature Form is also included in the Administrative Matters of the Manual, this is required for purposes of future verification of your signature. Please return the forms to the Director of Residences once completed.
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Establishing Services Telephone, Internet and Television There are options from which to choose for both local and long distance telephone service, internet and television providers. Please refer to the contact information provided below for further information or contact the Residences staff should you require any assistance with activation of these services. Service Provider
Type of Services
Century Link
Television
Preferred Properties Team
Internet
(877)543-2979
Telephone IP Based Home Security
www.centurylink.com Cox Communications
Television
Cox Customer Care
Internet
(702) 979-6310
Telephone
www.cox.com/lasvegas DirecTV by Intech
Television
702-438-4388
Electricity Electricity for your residence is separately sub-metered. Each month you will receive a bill from a sub-meter reading company for your electrical usage. You may contact this company directly for any questions relating to your billing or usage.
Gas, Water, Trash and Sewer The Association has made arrangements for these services to be provided to the Condominium. Costs of these services are included in the unit owner’s assessments. 12 | P a g e
III Residential Operations Residences at Mandarin Oriental Management (Las Vegas), LLC is the managing agent of The Residences at Mandarin Oriental, Las Vegas and, as such, oversees the day-to-day operation and administration of The Residences at Mandarin Oriental, Las Vegas, as well as the execution of the policies and decisions of the Board. As the managing agent, Residences at Mandarin Oriental Management (Las Vegas),LLC is responsible for ensuring that the best interests of all Unit Owners and residents are served at all times. The Director of Residences is responsible for overseeing the daily operations. The Office of the Director of Residences is located behind the Residential Concierge Desk of The Residences at Mandarin Oriental, Las Vegas. The Residences Financial Accountant supports the Director of the Residences, and coordinates all residences-related billing, reconciling and financial reporting. The Residential Concierge Desk is located in the private Residences Lobby with a separate porte-cochère and entrance. In addition, The Mandarin Oriental Hotel Concierge Desk is located in the Lobby of Mandarin Oriental Hotel, Las Vegas on the twenty-third level in the “Sky Lobby.â€? The two Concierge Staffs constitute the joint communication centers for the building as a whole. The Residential Concierge is responsible for administering a wide variety of services. The Residential Door and Valet staff are there to assist with valet parking and entry to the building. The Residential Security team monitors the external and internal access doors and cameras of the building and actively tours the residential common areas. The Residential Housepersons clean and maintain the residential common areas. The Director of Facilities and the Residential Engineers are responsible for the physical plant and for addressing any common area maintenance, mechanical, electrical or plumbing. Personal 13 | P a g e
condominium maintenance and repair services based on the request may be arranged through the Residential Concierge or the Director of Residences. Individual service charges will apply to all such requests. All of our front service colleagues work in harmony to assist and to deliver unparalleled service.
Employee Policies Employees of the Association Should you require the services of an outside vendor, such as a food delivery, or grocery shopping, our Residential Concierge staff is happy to assist you with arranging these services. However, our policies do not allow employees of the Association to leave the Mandarin Oriental property on any private business without the consent of the Residential Management.
Service Personnel Telephone Numbers Following are the direct telephone numbers that may be dialed to reach certain staff members. General Manager --------------------------------------------------------------------------- (702)590-3000 Director of Residences -------------------------------------------------------------------- (702)590-3250 Manager of Residences -------------------------------------------------------------------- (702)590-8883 Residences Financial Accountant -------------------------------------------------------- (702)590-3054 Residential Concierge --------------------------------------------------------------------- (702)590-8883 Hotel Concierge ---------------------------------------------------------------------------- (702)590-8888 Hotel Guest Relations --------------------------------------------------------------------- (702)590-3104 Housekeeping Services -------------------------------------------------------------------
(702)590-3132
Engineering Services ---------------------------------------------------------------------- (702)590-3151 Catering Services -------------------------------------------------------------------------- (702)590-3264 Twist Restaurant --------------------------------------------------------------------------- (702)590-3172 MOzen Restaurant ------------------------------------------------------------------------- (702)590-3170 14 | P a g e
Mandarin Bar ------------------------------------------------------------------------------- (702)590-3173 Tea Lounge --------------------------------------------------------------------------------- (702)590-3173 Pool CafĂŠ ------------------------------------------------------------------------------------ (702)590-3027 In-Room Dining (please call the Residential Directory and select option 3) ------ (702)590-3323 Spa Services -------------------------------------------------------------------------------- (702)590-8886 Business Center ---------------------------------------------------------------------------- (702)590-3080
Emergency Telephone Numbers Las Vegas Police Department
911
Police non-emergency
(702) 828-3111
Las Vegas Fire Department:
911
Ambulance Service:
911
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IV Services & Amenities Dear Resident, Our colleagues at Mandarin Oriental, Las Vegas are committed to delivering our legendary service to our guests and residents. This unique property features exceptional dining, spa, and personalized services unmatched by any other destination in this city. Our location, at the gateway of ARIA, offers world-class shopping, entertainment, art, design, and luxury only moments away from your doorstep. Las Vegas also offers a limitless selection of activities such as golf, theater, award-winning culinary experiences and outdoor recreation options. Our Residential Concierge team is dedicated to using every resource available to complete your requests and exceed your expectations. We also are pleased to offer personalized service programs for your home such as scheduled maintenance or cleaning of your residence, information technology support, and floral decoration of your home. Whether you should ask for laundry service, dog walking, grocery delivery, a wake-up call, tickets to a sold out show or dinner reservations at a five star restaurant in New York, there is no task too great or small for our colleagues. We are only limited by your imagination. Sincerely, The Residential Management Team
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Mandarin Oriental Las Vegas Residential Building Amenities
Private Residential Lobby Located adjacent to the lower lobby of Mandarin Oriental, Las Vegas, the Residential Lobby, with its high ceilings and elegant Asian inspired design, has a soothing effect as our residents arrive home. Our valet and door colleagues are always ready to welcome and provide assistance to you upon arrival through the private Residential Lobby doors.
Private Residential Lounging Area Located across from our private residential elevators, the Residential Lounge Area is a comfortable space for residents and their guests to relax and enjoy a quiet area while surrounded by exquisite art and soothing music.
Private Residential Recreation Quarters, Billiards Area Adjacent to our Residential Lounging Area, our private Residential Recreation Quarters offer the use of a world-class billiards table. Our residents and their guests can exclusively use this area based on availability. Please contact the Residential Concierge for assistance.
Private Residential Lobby Powder Room Our Residential Lobby offers a private Powder Room for our residents and their guests to use. The Powder Room is adjacent to our Residential Recreation Quarters.
Private Residential Board Room Whether you wish to host a meeting with your colleagues or enjoy a DVD with your family, our private Residential Boardroom is at your disposal. With state of the art audio/visual, and telecommunications devices, our boardroom is available for our residents to utilize. The room is 17 | P a g e
furnished with a large conference table that can accommodate up to twelve (12) guests seated in leather-appointed executive chairs. Food and beverage services are also available through our hotel’s Catering or In-Residence Dining service. Please contact the Residential Concierge for details on reserving this area.
Private Residential Mail Room The Residential Mailroom is located behind the Residential Concierge Desk.
This area is
accessible 24 hours a day. Packages may be placed in the lower parcel boxes. A key is placed in your mailbox to identify which parcel box is holding your package. Alternatively, larger packages may be held by the Residential Concierge or delivered to your residential valet closet. Please contact our Residential Concierge for further details or to modify your preference for delivery of packages.
Private Residential Elevators The main entrance for the three private residential elevators is conveniently located on the lobby level across from the private Residential Lounge Area. The elevators allow for safe and secure access to your floor of residence or the public floors of the hotel. The access to the elevators is controlled with FOBs, which are issued to residents upon move-in and are programmed to be floor-specific. The FOBs also allow access to the private residential elevator vestibules located on the 3rd, 8th, and 23rd floors of Mandarin Oriental, Las Vegas.
Residential Service Elevators Two dedicated residential service elevators are available exclusively for residential and hotel colleagues who are assisting residents or for residential deliveries. These elevators are to be reserved for a resident’s move-in or delivery of large items such as furniture as outlined in the rules and regulations. Please contact the Residential Concierge for further assistance.
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Valet Closet Each residence is equipped with a private valet closet, eliminating the need for interruption when receiving deliveries such as laundry, messages, or mail. Residents will be notified when items are left in their valet closet by our Residential Concierge. For more information about this service, please contact the Residential Concierge for assistance.
Bicycle Storage Your residential services team is available to assist you with the storing and retrieving of your bicycle in a climate-controlled and secure bicycle storage room. Please see the Residential Doorperson or Residential Concierge for further assistance.
Dog Park The most convenient area to walk dogs is the Dog Park area located at southeast corner of the property, adjacent to Pinkberry. As specified in the Rules and Regulations, a Pet Approval Form for each pet, with the name and Residential Unit number of the pet owner, shall be delivered to the Director of Residences prior to the entry of such pet onto the premises. All pets shall be licensed and vaccinated as required by law. The required Pet Approval Form is found in the ‘Administrative Matters’ section of your owner’s directory.
For a more formal and
comprehensive explanation of the rules governing pets, please refer to the ‘Governing Documents’ provided to you at the time of closing, in particular, Section 10.9 of the CC&Rs.
Mandarin Oriental Las Vegas Residential Building Services On-Site Management Our Residential Management team is on-site and available to assist our residents with any special needs or concerns that arise. Please feel free to contact the Director of Residences or the Residential Manager directly should you require their assistance. 19 | P a g e
24 Hour Security Residential Security Officers are on duty 24 hours a day, 7 days a week to assist with the safety and well being of our residents. The Residential Security team monitors the external and internal access doors and cameras of the building, and actively tours the residential common areas.
Pest Control Service A pest control technician will be in the building to service the common areas once a month, and on an as-needed basis. Unit owners and residents can make individual arrangements with the technician or an outside contractor by contacting the Residential Concierge.
Mandarin Oriental Las Vegas Hotel Services & Amenities The Residences at Mandarin Oriental, Las Vegas offers an extensive selection of amenities and services for our residents and their guests. Every effort will be made by our colleagues to meet the request of a resident or to make arrangements for a third party to meet the request.
Hotel Food and Beverage Offerings Residents of Mandarin Oriental, Las Vegas have access to world-class dining. Residents may choose to visit one of the hotel’s food and beverage outlets or have our In-Residence Dining department deliver a meal directly to their home. For information and reservations, please phone the Residential Concierge. Dinner reservations may also be made by dialing (702) 590-8882 or (888) 881-9367.
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Twist by Pierre Gagnaire Open for dinner service on the 23rd floor, experience Chef Pierre Gagnaire’s only domestic restaurant, Twist. Offering a unique dining experience with a backdrop of the spectacular Las Vegas Strip, true to its name, Twist by Pierre Gaganaire provides a new take on French fusion cuisine. Each dish combines classic French techniques with modern influences to provide a truly extraordinary dining experience. A private room is also available for parties up to twelve. Dress Code is business casual with jackets recommended for men.
MOzen Bistro Open for breakfast, lunch, dinner and weekend brunch, on Saturdays and Sundays, on the 3rd floor of the hotel, MOzen Bistro offers a culinary tour of international cuisine in a relaxed atmosphere. Our Oriental heritage is reflected in a menu representing the decadent flavors of China, Thailand, India, and American classics. Enjoy fresh sushi selections, zesty delicacies and savory dishes served daily.
Mandarin Bar Located high up on the 23rd floor, you can socialize at Mandarin Bar against a backdrop of the bright lights of the Las Vegas Strip. Mandarin Bar is an inviting and stylish space featuring exotic cocktails and an extensive wine menu in a chic, plush setting. The perfect place to mix and mingle, Mandarin Bar offers a unique selection of signature martinis, champagnes by the glass and specialty drinks as well as an extensive selection of international and domestic wine, beer, sake and light snacks.
Tea Lounge Located in a quiet corner adjacent to the 23rd floor Sky Lobby, the Tea Lounge provides a luxurious, yet comfortable, haven for relaxation. Inspired by the tranquil and ritualistic traditions of the Orient, you can enjoy this sumptuously-appointed space for offerings ranging from morning coffee and pastries, to classic English or Asian tea. Discreet service and stunning views provide a refuge from the bustling city noise. Enjoy the natural light of floor-to-ceiling windows while sipping a fine glass of champagne or during traditional Afternoon Tea Service. 21 | P a g e
Pool Café The Pool Café offers various culinary options for a refreshing experience. Chilled beverages, cocktails, exotic fruits, and poolside delights enhance a relaxing day under the sun. (Open seasonally for breakfast and lunch)
In-Residence Dining In-Residence Dining is available 24 hours a day. For private parties in your Residence, please contact In-Room Dining directly, or contact your Residential Concierge for assistance.
In-Residence Dining Hours: Breakfast: Daily, 6:00am – 12:00pm All Day Dining: Daily, 11:00am – 11:00pm Overnight Dining: Daily, 11:00pm – 6:00am
Catering, Banquets, Private Parties, Conferences and Meetings From elaborate weddings and poolside parties to intimate events or conferences, our dedicated Sales Manager will make your event truly memorable. With function spaces including the 3 rd floor Oriental Ballroom, boasting floor-to-ceiling windows and an outdoor patio, to Mandarin Boardroom, an impressive executive boardroom in an environment designed to keep focus on the matters at hand, your event will be personalized with legendary service that is flawlessly executed. Whether you’re having a stylish soiree inside our 23rd floor space at Mandarin Bar, the Edge, or hosting a meeting in the boardroom, a customized menu by our dedicated culinary team will be the talking point even after your event is over. The hotel can cater for all kinds and sizes of occasion. To make arrangements for any social or business functions in our private banquet or meeting and events rooms, please contact our Sales Department at (702) 590 3013.
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Business Center The Mandarin Oriental Hotel Business Center is located on the third floor and for use on Monday - Friday from 9:00 a.m. to 5:00 p.m. Some of the services offered include documentprinting and computer rental. For a listing of scheduled fees and after-hours access, please contact the Residential Concierge.
Hotel Tours The Residences team at Mandarin Oriental, Las Vegas is happy to offer a guided tour of the property and its amenities for all guests. Please contact the Residential Concierge or the Mandarin Oriental Guest Relations to schedule a tour.
Hotel Dress Code Please adhere to the following dress guidelines while in the Hotel Public Areas. Lobbies and other public areas: Proper attire must be worn at all times throughout guest areas. Smart casual clothing includes collared shirts and slacks. Casual and athletic clothing (t-shirts, sandals, and pool attire) is only permitted inside The Spa, Fitness & Wellness and Pool areas. This includes the treatment rooms, massage and steam areas, locker rooms, group exercise rooms, fitness areas, sundeck and pool areas only. Towels and/or robes are suggested but not required in locker rooms, treatment rooms and same-sex facilities. Athletic attire for both men and women is defined as gym shorts, bicycle shorts, t-shirts, gym shoes, sweat shirts, sweat pants, jogging attire and bathing suits. Dining: Business casual and jackets for men are recommended at Twist by Pierre Gagnaire. A smart casual or business casual dress code standard applies to our additional dining and lounge areas. Stylish dress is recommended for Mandarin Bar.
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Children Children under the age of 18 must be accompanied by an adult at all times.
Hotel Reservations For future reservations at Mandarin Oriental, Las Vegas or other Mandarin Oriental Hotel, please dial (702) 590- 8881 from (9:00AM-6PM PST) or (888) 881-9578 after hours.
Mandarin Oriental Las Vegas Hotel Services Available to Residents Dry Cleaning & Pressing A resident may utilize the Hotel’s laundry and dry cleaning services; appropriate service charges will be applied. Forms and bags are available upon request and same-day service for laundry is available if deposited before 9:00 a.m. Express service is also available for an additional charge. Pressing services are available 24 hours a day. Please contact the Residential Concierge during operational hours and the Hotel Operator after hours to schedule pick-up and delivery. Arrangements may also be made with an outside dry cleaning service company through the Residential Concierge.
Housekeeping Services Housekeeping Services personnel are available to provide residents with daily, weekly, or monthly services on an as-needed or regularly scheduled basis. Service charges will apply. Services should be scheduled at least 72 hours in advance and are based on availability. A preferred and pre-qualified outside service provider may also be used for the cleaning of your unit. Please contact the Residential Concierge to assist with scheduling and pricing. 24 | P a g e
Shoe Shine For your convenience, complimentary shoe shine service is available through Mandarin Oriental Hotel’s housekeeping department 24-hours a day. Turnaround time is one hour during daytime hours. Please contact the Residential Concierge during operational hours and the Hotel Operator after hours to schedule pick-up and delivery. Once scheduled with the Residential Concierge or Hotel Operator shoes may be left in your Residential Valet Closet for your convenience. For requests prior to 3:00 a.m. shoes will be shined and returned to the valet closet the following day.
Tailor and Alteration Services For your convenience, tailor and alteration services are available through the Mandarin Oriental Hotel Housekeeping Department. Please contact the Residential Concierge during operational hours and the Hotel Operator after hours to schedule pick-up and delivery. Turnaround times and pricing will vary based upon each individual request.
Residential Floral Program Whether for weekly arrangements or a special event, our floral team can provide you with beautiful arrangements to complement your home or surprise someone special. Our floral team is delighted to provide a personal consultation in order to tailor decorative pieces specifically designed for your residence. Our flower designers are available between the hours of 7:00 am and 4:30 pm daily. Same day arrangements can be requested as late as 2:00pm. Please allow a 3 hour turn- around for floral requests if the desired flowers are in available. Some special requests can be fulfilled on the same day if requested by 11:00 am. However, please see the Residential Concierge to check availability. Residents receive a 10 percent discount on one time flower orders that are charged to their residential city ledger account. Personalized monthly programs are also available. Qualifying monthly programs of at least 400 dollars per month receive a 20 percent discount. Please see the Residential Concierge for more details or to schedule a floral consultation with one of our designers
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Mandarin Oriental Las Vegas Residential Concierge Services & Amenities
Residential Concierge Services and Amenities The Residential Concierge Desk is located in the Residences Lobby. You may dial the Residential
Concierge
at
(702)
590-8883,
or
at
Group-MOLAS-Residences-
Concierge@mohg.com if you require any assistance. Our many available services include but are not limited to: Babysitting • car rental • chauffeured limousines • church and religious information • concerts & show tickets • dentists/ doctors • entertainment • floral • gift wrapping • maps of Las Vegas and the region • parcel mailing and shipping • pharmacy • photographic services • postage stamps • residential home care •shopping •sports and recreational activities • restaurant, nightlife information and reservations• shopping • sightseeing • travel arrangements
Babysitting Babysitting is available for our residents through pre-qualified and preferred outside service providers. For babysitting services, please contact the Residential Concierge and allow sufficient notice to arrange for services.
Car Detailing Service Car detailing services are available through preferred and pre-qualified outside service providers. Please contact the Residential Concierge for a schedule of fees or to request for your vehicle to be detailed.
Golf
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With more than 300 days of sunshine, golf is a perfect leisure activity for visitors and residents alike. We are surrounded by several excellent courses including the championship golf course Bali Hai Golf Club, less than two miles away. We have also arranged for access to some of Las Vegas’ most exclusive golf courses such as: Cascata, Dragon Ridge Country Club, Anthem Country Club, Spanish Trail Country Club, Red Rock Country Club, and the legendary Shadow Creek. Advance notice is required, as tee times are on a first-come first-serve basis.
Hotel Reservations A special discount of 10 percent is applied to the best available rate available at time of booking for residents or their guests. Rates are based upon availability. For future reservations at Mandarin Oriental, Las Vegas or other Mandarin Oriental Hotels, please dial (702) 590-8881 from (9::00 a.m. – 6:00 p.m. PST) or (888) 881-9578 after hours, or by accessing the reservations tab at the following address: http://www.mandarinoriental.com.
Jogging Take in the sights of CityCenter as well as the Las Vegas strip while exercising, or if you’d prefer we also have maps to parks and recreational areas throughout the Las Vegas valley.
Limousine & Chauffeured Transportation Arrangements for limousine and chauffeured transportation can be made with the Residential Concierge. Our preferred and pre-qualified service providers offer an array of sedans, SUV’s, and limousines that can be arranged on an hourly basis. Please contact the Residential Concierge for rates and availability.
Medical & Pharmacy For information on doctors, dentists and medical needs, please dial the Residential Concierge. A pharmacy and drug store is located on street level, south of Pinkberry. For medical emergencies, please press “911” on your telephone.
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Complimentary notary services are offered for our residents by the Residential Concierge. Please contact the Residential Concierge at your convenience for availability of notary services.
Package, Luggage & Deliveries direct to Residences Whether it is your groceries, or the arrival of a special delivery from your local jeweler, our colleagues will provide fast and reliable delivery service to your residence. Assistance is always available for our residents who may require assistance with items being delivered to their home. Our door colleagues and concierge will consistently and discreetly assist you with your needs.
Packing & Unpacking Services & Disposal We will demonstrate the highest sense of respect and care for our resident’s belongings while offering assistance with packing and unpacking. Please contact the Residential Concierge if you require assistance with packing and unpacking services.
Pet Services Our Residential Concierge team is delighted to assist our residents with pet sitting or walking arrangements. For more information, or to request a pet service, please contact the Residential Concierge.
Recreation A myriad of recreational activities is available in Las Vegas, including outdoor sites, museums, parks and sporting activities. Our Residential Concierge can assist you in discovering all that this city has to offer.
Shopping Las Vegas features some of the finest shops and boutiques the world has to offer.
The
Residential Concierge team is available to offer advice on shopping, including shops in the adjacent Crystals retail and entertainment district. Arrangements may also be made for personal shopping services through pre-qualified and preferred service providers. Fees may apply. Please see the Residential Concierge for details.
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Translation Services Las Vegas welcomes visitors from all over the world. Our Residential Concierge can arrange for translation or interpreter services when the demand arises.
Please contact the Residential
Concierge for fees and availability.
Travel & Transportation Arrangements The Residences at Mandarin Oriental, Las Vegas is in close proximity to McCarran International Airport, which offers various private and public terminals with direct flights to domestic and international destinations. The Residential Concierge can assist in chartering flights, boarding pass printing, and ticketing as well as help with dining and other requests at your travel destination. Arrangements can also be made for chauffeur-driven or rented vehicles. Please dial the Residential Concierge for assistance with travel arrangements.
Tours Las Vegas and the surrounding area offer a variety of options from helicopter charters over the Las Vegas Strip to guided tours of the Grand Canyon. The Residential Concierge can provide details and assist our residents in arranging from the selection of tours available.
Weather Las Vegas gets more than 300 days of sunshine per year and an average of only 4.13 inches of rainfall. Please find the average high monthly temperatures in degrees Fahrenheit listed below: January 57° February 63° March 69° April 78° May 88° June 99° July 104° August 102° September 94° October 81° November 66° December 57° Source: The Weather Channel (www.weather.com)
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CityCenter Offerings Art Program The CityCenter Fine Art Collection is the first major permanent collection of art in Las Vegas to be integrated into a public space. It is one of the world’s largest and most ambitious corporate art collections in existence today. The Fine Art Collection encompasses a multitude of styles and media, ranging from sculptures and paintings and other works of art including large-scale installations. The art work displayed at the hotel can be found in the Lower Lobby, Tea Lounge and just outside the property.
Complimentary Entertainment From the dazzling lights and sights of the strip to the legendary Las Vegas sign, several free attractions can be found throughout Las Vegas.
For a full listing of free attractions and
entertainment, please contact the Residential Concierge.
Gaming Gaming is available at the neighboring CityCenter property, ARIA Resort & Casino. The casino may offer complimentary gaming lessons for blackjack and other popular casino games.
Residential Service Programs Owning a residence at The Mandarin Oriental Las Vegas offers unparalleled service and amenities. It is our pleasure to provide our residents with specialized residential service offers for their convenience. The expertise and quality delivered by the Mandarin Oriental allows our residents to relax and feel at ease while knowing their needs are being met with the utmost care and commitment.
The Residential Concierge will be delighted to assist our residents in
coordinating and providing detailed information regarding the Mandarin Oriental Hotel housekeeping or floral services or, if a resident prefers, a pre-qualified and preferred outside company. 30 | P a g e
Access to Hotel Outlets & Services With Signing Privileges Residential owners will have access to all hotel amenities, and be given the option of registering a residential city ledger account for charging from all CityCenter dining and shopping outlets. Accrued charges will be posted on the residents' personal city ledger account and be due for settlement at the end of each month. For further details, please inquire about this privilege with the Residential Concierge.
Residential Housekeeping Services Owning a residence at The Mandarin Oriental Las Vegas offers unparalleled service and amenities. It is our pleasure to provide our residents with specialized housekeeping offers for their convenience. The expertise and quality delivered by the Mandarin Oriental Housekeeping Department allows our residents to relax and feel at ease while knowing their home will be professionally cleaned with the utmost care and commitment. The Residential Concierge will be delighted to assist our residents in coordinating and providing detailed information regarding the Mandarin Oriental Hotel Housekeeping Services or, if a resident prefers, a pre-qualified and preferred outside company. A la Carte services can be tailored to your specific cleaning needs. This can be accommodated to specific areas of your home or for a minimum requested time.
The minimum service
commitment is two hours for 1 bedroom. Please allow at least 72 hours advance notice to schedule a service offering. Last minute requests can be accommodated based on Mandarin Oriental Housekeeping availability and for an additional fee.
Unit services provided by our Mandarin Hotel Housekeeping are priced
according to each service offering. Please refer to the schedule of fees for the pricing details of each service offering.
Housekeeping Service Offerings
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A-La- Carte Housekeeping Service Menu Minimum Commitment of 2 hours for 1 Bedroom Minimum Commitment of 3 hours for 2 Bedroom Minimum Commitment of 4 hours for 3 Bedroom The hourly fee for the housekeeping services is set at $50.00 USD per hour when given a 72 hour notice. Service requested with less than 72 hour notice requires $75.00 USD per hour rate. Minimum rates are only an estimated time for cleaning. Service charges will be billed based on actual completion time. If bed linen replacements are not available, housekeeping will the retrieve the soiled linen and process in the hotel laundry for the following day to make the beds. This will be an additional charge to your account of $25.00 USD.
Permission to enter unaccompanied If the Residence Owner is not personally present to open and permit an entry to his or her Residence, Residence Owner permits the above named service provider and its employees to enter the Residence unaccompanied. If any key or keys are entrusted by the Residence Owner or tenant or by an agent, service personnel, employee, licensee or guest to Residences Manager, any employee of the HOA or any employee of the above named service provider, the use of the key shall be at the sole risk of Residence Owner, and neither the HOA nor Residences Manager shall be liable for injury, loss or damage of any nature whatsoever, directly or indirectly, resulting there from or connected therewith.
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IT Programs for Residents Information technology has never played such an integral role in our daily lives as it does today, and yet most of us are still unfamiliar, or uncomfortable, with understanding how it all works. Our IT & T Specialist will be available to offer assistance with any PC-related questions, concerns, or problems you may have, including, but not limited to:
Connecting your computer(s) to a wired or wireless network
Connecting a printer or other peripheral device to your computer or network
Performance assessment of your computer
Password/ Parental controls
Levels 1 & 2 troubleshooting of your existing telecommunications services
Please contact the Residential Concierge to set up an appointment. Or, if you prefer, you can schedule an IT consultation with the IT&T Specialist to answer any questions you may have about Information Technology. Simply contact the Residential Concierge at your convenience.
Residence Inspections, Maintenance Programs, & Personalized Services Our Engineering Staff has developed a checklist of mechanical items in the residences and will inspect residences in order to assist with some minor problems, and to help prevent major problems from developing in the future by taking preventative maintenance measures. If you wish for your residence to be inspected, and/or maintained, please contact the Residential Concierge to set up an inspection, or maintenance date and time. Applicable fees will apply for these services. If you plan to be away for an extended period of time, such as for the winter or the summer, our staff will be able to assist with a variety of maintenance tasks before and during your absence
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through our maintenance programs. Applicable fees will apply for these services. Please contact the Residential Concierge to discuss details.
Engineering Service Offerings The Mandarin Oriental, Las Vegas is delighted to offer a full range of engineering services for our residents. Each option is unique and requires a minimum service fee and hourly commitment. The hourly fee for the engineering services is set at $50.00 USD per hour. If the Residence Owner is not personally present to open and permit an entry to his or her Residence, Residence Owner permits the above named service provider and its employees to enter the Residence unaccompanied. If any key or keys are entrusted by the Residence Owner or tenant or by an agent, service personnel, employee, licensee or guest to Residences Manager, any employee of the HOA or any employee of the above named service provider, the use of the key shall be at the sole risk of Residence Owner, and neither the HOA nor Residences Manager shall be liable for injury, loss or damage of any nature whatsoever, directly or indirectly, resulting there from or connected therewith.
Engineering Services
Offer Commitment
The Preventive Maintenance Program
Completed Monthly
Plumbing Line Maintenance
Completed Monthly
A-La-Carte Engineering Services
Commitment minimum of half hour
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Residential Floral Services Our floral team is delighted to assist you in decorating your residence. Personally tailored monthly orders may be arranged to complement your home dĂŠcor and needs. Personally tailored monthly orders exceeding 400 dollars will receive a 20 percent discount.
Non-monthly
individual orders will receive a 10 percent discount. Please contact the Residential Concierge to arrange for a consultation. Floral Arrangements One Dozen Roses in a Vase Two Dozen Roses in a Vase Small Mixed Seasonal Floral in a Square Glass Medium Seasonal Arrangement Large Seasonal Arrangement Extravagant Seasonal Arrangement Wrapped Floral Bouquet
$125.00 $195.00 $55.00 $100.00 $150.00 $195.00 $75.00
Loose Flowers, Resident Supplied Vase or Receptacle * * 1 Bunch = 10 Flowers
One Bunch of Tulips One Bunch of French Tulips One Bunch of White Lilies One Bunch of Casablanca Lilies One Bunch of Stargazer Lilies One Bunch of Tiger Lilies One Rose Stem
$18.00 $36.00 $45.00 $85.00 $45.00 $25.00 $6.50
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V Fitness & Spa The Spa at Mandarin Oriental, Las Vegas The Spa encompasses the 7th and 8th floors of the Mandarin Oriental Hotel. The Spa & Fitness Reception Area is located on the 8th floor and features a retail boutique where signature treatment and body products can be purchased. Additionally, our residents have access to a private locker room area which features a shower and steam room. Residents are also extended a 50 percent discount on day passes to access the men’s and lady’s spa thermal experience areas, a 10 percent discount on purchases from the spa boutique, and a 15 percent discount when five or more services are booked or a 10 percent discount on single services. All discounts are applied when services and products are charged to the resident’s city ledger account. A full description of Spa treatments, services, and facility amenities, are available with the Residential Concierge. To make an appointment, please dial the Spa directly at (702) 590-8886, or contact the Residential Concierge for assistance.
Wellness Center A high-performance Fitness & Wellness Center, featuring a Yoga and Pilates Studio, is located on the 8th floor. To contact the Fitness Center, please dial (702) 590-8886. The spacious, state-of-the-art Mandarin Oriental, Las Vegas Fitness Center, located within the Spa on the hotel’s 8th floor keeps residents motivated and challenged with personal trainers available and attendants on hand. The Fitness Center features the latest equipment by Technogym, a European leader in fitness and wellness, and a revolutionary Kinesis Wall, combining resistance exercise with natural movement. Additionally, the Fitness Center contains free weights, treadmills, cardio bikes, elliptical training machines and Technogym’s signature Wave machine. The Fitness Center is available to residents twenty-four hours a day, seven days per week. 36 | P a g e
If a resident is working with a Personal Trainer, there is no additional fee for the Personal Trainer’s access; however, we would require that he/she be certified and insured and that he/she sign our non-solicitation agreement beforehand.
Spa The 27,000 square-foot Spa at Mandarin Oriental, Las Vegas has created a peaceful space that promotes tranquility and health through a holistic approach that pays close attention to the needs of the body, mind and spirit, and is available to residents seven days a week. Residents will be enveloped in the Spa’s tranquil, meditative setting where one can experience an absolute spa escape, featuring thermal experiences such as Steam Rooms, Vitality Pools, “Experience Showers”, ice fountains and blissful relaxation areas designed to balance energy and restore well-being. The Spa's comprehensive menu features signature rituals as well as a host of restorative treatments that have been culled from around the world, including those that are offered exclusively. Priced accordingly, residents can choose from an array of body treatments, facials, massage, and hydrotherapy sessions, as well as manicure, pedicure, and Chinese Foot Spa services. The Spa’s facilities also include, a Spa Boutique, offering a full range of the Spa's signature products, clothing and wellness lifestyle accessories, and complete locker and shower facilities.
Pool The seasonal outdoor pool facilities are located on the 8th floor and are reserved exclusively for residents and hotel guests. You can relax and refresh as you experience the pools and sundeck. We also offer 20 lavish cabanas for daily rentals which are available for full-day rates to both residents and hotel guests. Cabana rental rates may vary. Additionally, a Pool Café featuring market fresh fare is open seasonally. To make a cabana reservation, please dial the Residential Concierge. It is recommended to request reservations in advance as cabana reservations are not granted. 37 | P a g e
VI Valet & Parking
The Residential Valet The Residences at Mandarin Oriental, Las Vegas, valet parking area is separate from the hotel's public valet parking spaces, and residents are served by their own entry, porte-cochère and valet parking. Complimentary residential valet parking is restricted to use by residents and their guests. In order to facilitate the resident valet parking porte-cochère properly, and allow the Residential Valet Services to provide proper service to our residents, all vehicle keys must be turned over to the Valet Services staff. Maintaining a consistent flow of traffic is a priority for clearance of all emergency responders, therefore vehicles are not allowed to be parked or staged in the Residential Valet porte-cochère. All long-term parking locations are within the garage. The clearance of the garage is 8’–10.” For retrieval, please dial the Residential Concierge.
Guest Parking for Functions and During Holidays If you are planning a function or event within the Residences, which will involve the parking of more than four guest vehicles, kindly contact the Residential Concierge as the Residential Concierge may need to make arrangements for supplemental staff. We appreciate knowing how many vehicles you wish to have guest-parked, as well as the date and estimated time of their arrival. On holidays and during the holiday season, there is usually a greater demand for resident’s guest parking requests. This information allows us to adjust Valet staffing. An additional fee may be charged to the Residential Unit Owner for this service in the event increased staffing is required.
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Parking for Commercial Vehicles Residential Valet will allow non-residential vehicles access to valet for small parcels or deliveries. All commercial or vendor related deliveries must be routed through the loading dock. Access to the parking garage in prohibited for all commercial, service or any recreational vehicle, including RVs, boats and trailers.
No Recreational Activities in the Garage For the safety of all who use the garage, recreational activities are not permitted in the garage this includes, but is not limited to, rollerblading, skateboarding, playing ball, or any other activities which may be construed as recreational. The lines of vision in the garage are quite limited in many areas and, therefore, can be quite dangerous.
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VII Access & Deliveries Access to Residential Units We will provide access into your residence only if we have been given your prior authorization. Therefore, if you want us to provide someone access to your residence, please inform the Residential Concierge or Director of Residences ahead of time. If there are certain individuals who you want to have access to your residence whenever they come to The Residences at Mandarin Oriental, Las Vegas, please let us know, and we will enter this into your unit file on our computer network. We will also provide escorted access to your residence, subject to the availability of staff, should this be your preference.
Announcing Guests Our policy is to announce all guests, service and delivery personnel, and any others requesting access to your residence. This procedure will ensure your privacy and the access control of the building. Please be sure to inform your guests, so that they understand this process. If, in a specific instance, you prefer not to have a guest announced, please inform the Residential Concierge in advance.
Proximity Access System The Residences at Mandarin Oriental, Las Vegas are equipped with a computerized, electronic proximity system, which allows individuals access through specific doors only if they are in possession of a proximity fob access key. When you move-in to The Residences at Mandarin Oriental, Las Vegas, you will be given a building proximity fob, which will then allow you to gain access to the residential elevator lobby and corresponding hotel levels providing residential elevator access to amenity floors of the hotel. Supplemental proximity fobs may be available for an additional charge through the Office of the Director of Residences. Owners of one bedroom units may purchase up to two additional fobs; owners of two bedroom units may purchase up to
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four additional fobs; and owners of three plus bedroom units may purchase up to six additional fobs. In order to use your proximity fob, simply hold it in front of the electronic card reader. The reader will scan your proximity fob and either unlock the door or allow your elevator floor to be activated. In the event a fob is lost, please immediately contact the Director of Residences.
Unit Keys; Alarm Systems The Governing Documents require all Unit Owners to keep a copy of the unit keys on file with the Residences Office. The keys will be kept in a secure system, accessible only to authorized personnel. You may not add or change a lock on your entry door without first adhering to the architectural control review process.
It is imperative that the Security or Engineering
Department be able to gain access to your Unit in the event of an emergency. The building staff will not use the emergency keys on file to allow individuals to enter your home at our request. If you dismiss a service provider whose name is on record, please notify us immediately in writing to update our guest logbook. It is your responsibility to obtain the unit keys from any dismissed employee or contractor. If the Unit Owner has not furnished a key to the Association, then the Association or its agent may forcibly enter such Unit without liability for damages or trespass, and all related costs shall be at the Unit Owner’s expense. Unit Owners shall not install any burglar or other alarms in the Residences without the prior written consent of the Association.
Mailbox Keys When you move in, you will also be supplied with keys to your residence mailbox.
Mail Delivery Each condominium residence has an individual, locked and secured mailbox located in the condominium mailroom, beyond the Residential Concierge Desk in the Residential Lobby. The United States Postal Service delivers mail to these boxes Monday through Saturday, with the 41 | P a g e
exception of holidays.
Outgoing Mail and Packages Stamps, parcel, mailing, courier and shipping services are available through our Residential Concierge. Outgoing mail can be given to the Residential Concierge staff and will be picked up Monday through Saturday. The Residential Concierge can arrange for large packages to be mailed through the Hotel Business Center; standard fees will apply. The Residential Concierge Staff is able to arrange for United Parcel Service, Federal Express, Airborne Express, DHL, local messengers, and other services to pick up outgoing envelopes and packages.
Packages, Dry Cleaning and Express Deliveries We will gladly accept packages, dry cleaning, courier, and express deliveries for you. The Residential Concierge will then arrange for the timely delivery of these items directly into your residence. Please let us know of any special instructions that you may have for these deliveries accepted on your behalf. When we receive a delivery for you, we typically call your home and follow the requested instructions. However, if the Residential Concierge is unable to contact the number specified, the following two services may be provided. The Residential Concierge may have a member of the staff deliver the item to your residence in your absence, making sure that any requests you may have as to where items are placed are carefully followed. Another option is to have the Residential Concierge hold the item and to notify you of its delivery by either telephone or email. At your convenience please inform the Residential Concierge when and where you want the item delivered. Please let the Residential Concierge team know which option you prefer, along with any other special instructions you may have so that we may effectively meet your needs.
Deliveries to the Residential Entrance Small, unobtrusive deliveries may be made through the residential entrance at 3750 Las Vegas Boulevard South. A rule of thumb is that if a delivery will fit on a luggage cart and not leave behind any debris, it may be brought through this entrance. All other deliveries are to be made 42 | P a g e
through the loading dock. If you have any questions about a specific delivery, please speak with the Residential Concierge staff. Please inform the Residential Concierge regarding any delivery you may be expecting. This will help to avoid delays, especially when residents are moving in or out of the building, and remember to give us any instructions about the handling of the delivery and access to your residence, if necessary. Please keep in mind that the resident of the home to which a delivery is being made is responsible for any damage caused by delivery personnel. Deliveries should also be made directly to your home, since there is very limited storage in the building. The Association and Management are not responsible for any damage that may occur to your deliveries.
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Safety & Security Security For your safety, the Hotel’s 24 hour security team closely monitors building activity through the use of strategically placed cameras as well as security personnel throughout the building. We advise all residents to make full use of the security lock provided for their residence. If you are concerned with any security matters, please contact hotel security directly at (702) 590-3161. Security matters are investigated and documented by a security report. All reports are logged and kept on file with the Hotel’s security office. The well-being and security of our residents is one of our highest priorities. Our staff is constantly monitoring the security of the building. Each person who enters the main entrances must be identified by Mandarin Oriental personnel and authorization must be provided before proceeding into the residential areas of the building.
Security Cameras and Door Alarms Security cameras are placed in strategic locations throughout the common areas of The Residences at Mandarin Oriental, Las Vegas. These areas include but are not limited to the lobby, residential service elevators, residential guest elevators, residential lobby, and throughout the hotel and garage. A state-of-the-art camera monitoring system and multiplexer are centralized at the Hotel Security Command Center, which allow the Hotel Security personnel to see multiple images on the monitors at one time.
Privacy In order to protect the privacy of residents, our policy at Mandarin Oriental Hotel and Residences, Las Vegas is that staff members are not to release the names, unit numbers or telephone numbers of residents, including release to other residents.
Many residents have
expressed that their privacy is of utmost importance to them and is one of the reasons they chose to live at The Residences at Mandarin Oriental, Las Vegas.
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KeyTrak Key System A copy of each unit key is safely kept in the KeyTrak key system that is located at the Residential Concierge Desk.
Only Mandarin Oriental
residential personnel and security have access to the Keytrak system, which only can be accessed through biometric reader. Mandarin Oriental personnel must receive a resident’s approval prior to releasing a unit key.
Vehicle Security Valet utilizes the CVPS system to monitor and track the activity of each of your vehicles. It logs each time your vehicle is parked or retrieved. Vehicles are secured in the garage. The valet parks and retrieves each vehicle by utilizing the garage gate that can only opens with badge access.
Security of Packages Your Fedex, DHL, UPS, etc. packages are signed for by the houseman-runner when they are delivered to the loading docks. Once a package is received, the houseman-runner delivers it to your valet closet and the residential concierge will send your notification via email. Each valet closet is locked and only Mandarin Oriental personnel have access to it using a key. You may retrieve your package from inside your unit. Oversized packages that are not delivered to the unit and awaiting delivery instructions from you will be secured in a locked security cage until delivery.
Emergency Please take a moment to learn the nearest emergency exit and route from your unit. For immediate assistance in the case of an emergency, please press “911� on your telephone.
Emergency Telephone List 45 | P a g e
Please familiarize yourself with emergency telephone list and keep it handy in case you should need it.
NUMBERS TO CALL IN CASE OF EMERGENCY POLICE EMERGENCY
911
POLICE NON-EMERGENCY
(702)828-3111
MAIN SWITCHBOARD OF MANDARIN ORIENTAL HOTEL
(702)590-8888
HOTEL SECURITY
(702)590-3161
RESIDENTIAL LOBBY
(702)590-8883
Response to Fire All residents should be aware of the location and function of the fire emergency equipment at the Mandarin Oriental Hotel and Residences, Las Vegas, and of the proper response to fire alarms. Understanding these procedures will minimize the possibility of injury and property damage, should an emergency arise. Mandarin Oriental, Las Vegas has been constructed under the most stringent fire safety standards. The Mandarin Oriental Hotel and Residences, Las Vegas has a comprehensive fire detection and protection system. This includes a sophisticated fire alarm and sprinkler system. All floors and rooms have sprinklers and are equipped with smoke detectors. It is important that you familiarize yourself with these instructions so that you are prepared in the event of an emergency. The Fire Command Center is located at the Hotel Security office and its staff is the communication center for all staff and the Clark County Fire Department during a fire alarm. During a fire alarm if you or someone in your unit, require emergency assistance or special assistance please contact hotel security directly by dialing (702) 590-3161. Please do not directly contact the Residential Concierge as the Hotel Security is equipped and trained to assist with emergency situations. 46 | P a g e
If You Discover a Fire If you discover a fire regardless of size, call “911.” You should then call Hotel Security at (702) 590-3161. Ensure to close all doors around the fire area in order to keep the fire from spreading.
Fire Extinguishers Every floor is equipped with a fire extinguisher. It is important that you familiarize yourself with their exact locations in case you should ever need to use them. It is also a good idea to keep a personal fire extinguisher inside of your unit, especially in the kitchen.
Listening to Announcements during a Fire Alarm The fire alarm system is designed so that all residents in the building, regardless of location, will be able to hear the alarm whenever it is initiated. Whenever you hear a fire alarm at the Mandarin Oriental Hotel and Residences, we highly recommend that you move to the immediate vicinity of the nearest speaker. There is at least one speaker in every residence and speakers are located throughout the common areas.
Emergency Egress If you hear an alarm, listen for instructions over the public address system. If an evacuation is ordered and you are in your residence, take your key with you. You may need it to gain access later. Test the door to the hallway to see if it is warm or cool by placing the back of your hand on the door. Open the door slowly if it is cool. Close the door quickly if there is fire or thick smoke in the hall. If the hallway is clear of heavy smoke or fire, go to the nearest exit. In the event that you must evacuate the building, please use the nearest marked exit or stairwell. There are three exits on every residences floor. They are all labeled with an illuminated “EXIT” sign next to or above the door. If the hallway is smoky or dark, stay close to the walls as you make your way to the exit. Keep low to the floor. Check the exit door for heat prior to opening it as you did before. If the stairwell is safe, proceed down the stairwell. We strongly recommend that you familiarize yourself with the location of these stairwells, so you will not hesitate should 47 | P a g e
you need to evacuate the building. Upon moving into your residence, establish a route towards the fire exits which you would take in case of fire. When you proceed down the stairwell, be sure to exit at the ground floor. During a fire alarm the stairwell exhaust and pressurization fans are in operation. They are designed to make the stairwells free of smoke. When the stairwells are pressurized, it takes a bit more of a push to open the stairwell doors than it would under typical conditions.
If Your Exit is Blocked Should your stairwell start to fill with thick smoke and your exit turns out to be unsafe, return to your residence.
If You Cannot Leave Your Residence If you cannot exit, your residence is the safest place. Turn off the air conditioner. This will prevent smoke from being circulated into your residence. Push wet towels under the door and in air vents to stop smoke from creeping in through the cracks. Remove all fabrics or drapes from the windows if possible. Fill your bathtub. Keep plenty of water in the tub and have ice buckets and wastebaskets nearby for carrying water.
Entering the Building during a Fire Alarm During a fire alarm, residents and guests are not to enter the building until the Clark County Fire Department has checked the situation, giving us permission to give the “All Clear� announcement, and reset the fire alarm system. Staff will not unlock the alarmed stairwell doors so that you may go to your residence during a fire alarm.
Life Safety System Testing The fire alarm and fire protection system is tested on a regular basis, according to code requirements. Residents will be given adequate notice of each test ahead of time.
Routine Testing of Smoke Detectors in Units 48 | P a g e
There is one detector that is tied to the building system. Testing it will have NO effect on the build system however. Because of the rapid movement of smoke during a fire, smoke detectors consistently provide the first warning of a fire in a home. Therefore, it is of critical importance that all of the smoke detectors be in good working order within your unit. The most important exercise in the maintenance of the smoke detectors is the routine testing of the smoke alarms by the residents themselves. The National Fire Protection Association recommends that every smoke detector be tested at least once a month. In order to test a smoke detector, locate the button near the blinking light on each detector in your residence. Then, using an object with a fine point, press this button as far as you can and hold it in for a few seconds. If the detector is operating properly, the alarm will sound for several seconds. The alarm is a highpitched, shrill sound. Because the smoke detectors inside each home are not tied into the central fire alarm system, testing your smoke detectors will not affect the other parts of the building or the fire alarm system. If one of your smoke detectors is not functioning properly, or if you have any questions, please speak with the Concierge or the Residential Management Offices.
Sprinkler System All residential units and common areas are equipped with an automatic fire sprinkler protection system. Some important DON’T’s regarding your sprinklers: •
Do not paint the sprinklers or the sprinkler heads
•
Do not hang any objects from the sprinklers or the sprinkler heads
•
Do not cover or obstruct the sprinklers
If you notice any leaks or problems, please notify the Residential Concierge right away.
Medical Emergencies In the case of a medical emergency, call “911” as soon as possible. Explain the nature of the emergency and direct them to The Residences at Mandarin Oriental, Las Vegas, and 3750 Las Vegas Boulevard and to your unit number. You should then call Hotel Security at (702) 59049 | P a g e
3161. Members of the staff may be able to be of assistance until the emergency personnel arrive on the premises.
Defibrillator on the Premises There is a defibrillator on the premises and members of the Hotel and Residential Security Staff are trained in the use of this defibrillator in conjunction with performing CPR (cardiopulmonary resuscitation).
Elevator Emergencies Each residential passenger elevator has an ALARM button and a red STOP button located on the control panels of the elevator. If you are on an elevator and require assistance, including medical assistance, simply press the ALARM button. The Security team monitors the elevators and will respond 24-hours to any emergency situation. In the event of a mechanical problem, our elevator service company is also on call 24-hours a day and they will arrive as soon as possible, to provide whatever assistance may be required. Pressing the STOP button will bring the elevator to an immediate halt and will also trigger an alarm.
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IX Guidelines & Rules Insurance Section of the Declaration You are required to maintain insurance for your Unit and liability in accordance with Section 12 of the CC&Rs. Please have your insurance agent refer to the section Insurance so that your agent can tailor your insurance coverage to fit your needs at The Residences at Mandarin Oriental, Las Vegas. Additionally, an Insurance Summary as related to this required insurance can be found in Appendix Three of this manual.
Certificates of Insurance A Certificate of Insurance evidencing the required policy must be provided to the Association. You must also provide Certificates of Insurance for your contractors.
Alteration and Contractor Policies Review of Architectural Plans The CC&Rs and other Governing Documents require that all architectural and structural modifications of residences be approved by the Board and in certain cases by the Hotel Parcel Owner and the Resort Owner prior to the commencement of construction. Examples of work requiring such approval are plumbing, electrical and mechanical, the installation of hard flooring, the installation of any window covering, the removal and/or addition of walls within a residence, and any other work that requires a county building permit. Purely decorative work within residences, such as painting, does not require the approval of the Board. However, an insurance certificate for all contractors must be provided. Please keep in mind, a Unit Owner may only install window coverings as permitted and in accordance with the terms and conditions of the Governing Documents, including the Reciprocal Easement Agreement. No Unit Owner may make any alteration to the window coverings in a Unit which will cause the Unit’s appearance to
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differ materially from Units with the window coverings allowed pursuant to the Reciprocal Easement Agreement. The plans for the proposed renovations and construction must be submitted to the Board, through its Management, in writing, along with any relevant drawings, specifications and work schedules. The Board typically utilizes an architect to review all plans submitted, and to assist in the approval process as well. Any expenses incurred in hiring an architect for this purpose is at the expense of the Unit Owner submitting the plans. Even though the Board undertakes a review, it is the Unit Owner’s responsibility to ensure that the plumbing, electrical, fire and building codes of Clark County are followed, that the plans are also in accordance with the Condominium Documents, that the proposed work will not affect the structural integrity of the building, and that there are plans for a floor underlayment material, which will adequately minimize the transmission of sound to the Unit(s) below, among other considerations.
Alterations, Additions and Remodeling of Unit Any alterations, additions or remodeling of a Unit must be done (a) in compliance with all applicable building codes and other applicable laws and regulations, (b) in compliance with the structural and design plans and standards of the Residences, and (c) to meet the noise-proof (field sound transmission class, or "FSTC") ratings established by the Governing Documents. All requests to make any addition, alteration or other improvement to a Unit must be submitted to the Board, in writing. The Board has the right to (a) approve the contractor selected by the Unit Owner to perform the work; (b) restrict the times when the work may be performed; (c) require a security deposit; (d) review and approve all plans and specifications in advance; (e) impose a construction schedule and penalties, and (f) require a requesting Unit Owner to obtain comprehensive general liability insurance during such work in amounts required by the Board, and in favor of the Association. The Hotel Parcel Owner also retains similar rights of approval of any such application. The Unit Owner shall bear all costs of review and approval by the Board and the Hotel Parcel Owner.
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All Unit Owners and their contractors shall observe all standards and limitations set forth in the Governing Documents and applicable laws regarding (i) weight limitations, (ii) work schedules, (iii duration of project, (iv) staging and storage of materials, (v) parking of construction employees' vehicles, (vi) repair and restoration of Residences Property upon completion, (vii) settlement of liens, and (viii) obtaining permits. The owner of the unit being remodeled is required to defend and hold the Association, the Hotel Parcel Owner, and the Hotel Operator harmless from, and indemnify them for, any and all liabilities, claims, damages, expenses, liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever, arising out of or in any way connected with the performance of such work and/or arising out of any review of plans. The Hotel Parcel Owner has the right to stop any work that is not in compliance with the terms of the Governing Documents. Neither the Association nor the Hotel Parcel Owner shall be subject to any liability for its refusal of any application submitted for any work on a Unit, or for the refusal of any building department or any other governmental authority of any such plans. All fees and expenses associated with the remodeling of a unit will be the responsibility of the unit’s owner. Exterior Curtain Wall: Unit Owners/Residents may not drill, nail, or otherwise penetrate exterior curtain wall mullions, for any purpose. This is for your protection as penetration could result in severe damage. Walls: No walls of any unit may be pierced by any type of nail, screw, drill bit, or other similar item in excess of ž inch in length without first obtaining the approval of the Board/Architectural Committee. Columns and Sheer Walls: The structural columns and sheer walls in your home are steelreinforced concrete.
NO CORING, CUTTING, CHIPPING OR PENETRATION into the
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columns or sheer walls is allowed. Any of these actions can cause damage to the column and/or wall and compromise the structural integrity of the building. Paints:
All paints and coatings used on the interior of the building (inside weatherproofing
layer) must comply with the following volatile organic compound (VOC) content limits:
Flats: 50g/L
Non-Flats: 150g/L
This requirement includes opaque paints and primers applied on the interior of the building. It does not regulate clear finishes, stains and lacquers. Glues: All adhesives and sealants used on the interior of the building (inside weatherproofing layer) must comply with the following volatile organic compound (VOC) content limits: Wood Glues: 30 g/L Metal to Metal Adhesives: 30 g/L Adhesives for Porous Materials (Except Wood): 50 g/L Subfloor Adhesives: 50 g/L Plastic Foam Adhesives: 50 g/L Carpet Adhesives: 50 g/L Carpet Pad Adhesives: 50 g/L VCT and Asphalt Tile Adhesives: 50 g/L Cover Base Adhesives: 50 g/L Gypsum Board/Panel Adhesives: 50 g/L Rubber Floor Adhesives: 60 g/L Ceramic Tile Adhesives: 65 g/L Multipurpose Adhesives: 70 g/L Fiberglass Adhesives: 80 g/L Structural Glazing Adhesives: 100 g/L Wood Flooring Adhesive: 100 g/L Contact Adhesive: 250 g/L Plastic Cement Welding: 350 g/L 54 | P a g e
ABS Welding Compounds: 400 g/L CPVC Welding Compounds: 490 g/L PVC Welding Compounds: 510 g/L Adhesive Primer for Plastic: 650 g/L Sealants: 250 g/L Sealant Primers for Nonporous Substrates: 250 g/L Sealant Primers for Porous Substrates: 775 g/L Carpet: All carpet used on the interior of the building must comply with the requirements of the Carpet and Rug Institute’s Green Label program. Alternately, the products may comply with Section 01350 Section 9 of the requirements for the Collaborative for High Performance Schools (2004, www.chps.net). This alternate standard is more stringent but may be more accessible to certain manufacturers because it is supported by a broader range of testing laboratories. Lighting:
We recommend installing lighting controls and lighting responsive sensors to
conserve power when occupants are not present and as daylight levels change throughout the time of day and year. Consider using LED lighting and compact fluorescent lamps. Wood: Any glued (composite) wood products, such as particle board, MDF, and laminates, must not contain any added Urea Formaldehyde (UF). Manufacturer cut sheets typically note if a product is free of added UF. The residential elements that are potentially constructed with composite wood include:
Kitchen/bathroom cabinets
Built-in casework
Countertops
Wall paneling
Flooring
Doors
Molding
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This requirement does not apply to solid wood materials. For solid wood, we recommend selecting FSC-certified materials over other materials if the option is available and costcompetitive. FSC certified wood is not a requirement in the Condominium.
Construction and Contractor Rules The Loading Dock and Contractor Hours The staff of The Residences at Mandarin Oriental, Las Vegas is best able to assist contractors if we know in advance when they are arriving and what work they intend to perform. Therefore, residents must provide the Manager with advance notice of all such arrivals so that the Manager can secure access through the loading dock. All contractors are to enter and leave the building via the loading dock, which is located off Frank Sinatra Drive, and Park Ave. (formerly known as Rue de Monte Carlo), on the south side of the CityCenter property. Once at the loading dock, all contractors must first sign in with the Dock Masters Office, provide a state-issued Photo ID and receive an Identification Badge. They will be verified by counter check with the submitted names list. Workers who have neither a state-issued Photo ID nor company name badge will not be allowed on the premises. This iidentification bbadge must be visibly worn at all times while in the building, and be turned in upon completion of work for the day. For more information to successfully ensure your move and/or deliveries, and the loading dock areas, please refer to Appendix One.
Unit Owner Responsibility for Contractors The Unit Owner who hires a contractor is responsible for that contractor when he/she is working in the building. Any damage to the common areas or common elements caused by a contractor is the responsibility of the Unit Owner. All required permits for the renovations being performed must be displayed on the work site and copies given to the Residences Management Office prior to commencement of the work.
All contractors must provide the required certificate of
insurance to the Manager prior to entering the Condominium or loading dock.
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Contractor Parking Contractor parking is not permitted in the residential garage. Please speak with the Residential Management Office in advance to arrange for the parking of contractor vehicles.
Contractor Work Involving the Fire Alarm and Fire Protection System A contractor who plans to do work involving the fire alarm and fire protection system must schedule this work at least 72 hours in advance with the Residential Management Office, who will schedule a meeting with the Chief Engineer and the Director of Security. All system shutdowns and stoppage requests must be submitted in writing. Unit Owner must wait for a written approval by the Director of Residences and the Chief Engineer before commencing any work. Additional fees to modify the Fire Alarm and Protection System may result in additional fees to the Unit Owners. A copy of the permit for the work is a prerequisite for the scheduling of the work. On the day of the scheduled work, the contractor must contact the Chief Engineers Office and the Residential Office before commencement of the work.
Maintenance and Engineering Maintenance of Residences The Chief Engineer and the Residential Engineers are responsible for the physical plant and for addressing any common area maintenance, mechanical, electrical or plumbing problems. Maintenance and repair services may be arranged through the Residential Concierge or the Director or Manager of Residences. In accordance with your governing documents, all routine maintenance, repairs and replacements required to be performed to or within any Unit is the responsibility of the Unit Owner, at the Unit Owner's sole expense. These areas are defined as those limited to the boundaries within the unit. Other Residential Services, if any, provided for the benefit of all Unit Owners, directly or indirectly, will be paid by the Association, and subsequently assessed to the Unit Owners for 57 | P a g e
their pro rata share of such costs. For a more formal and comprehensive explanation of the rules governing the foregoing, please refer to the Governing Documents provided to you at the time of closing, in particular, Sections 4.1 and 4.2 of the CC&Rs. However, should you have a special request or staffing need, please speak with the Residential Concierge or the Director or Manager of Residences. Every effort will be made to meet your request. In some cases, we may be able to arrange for additional services by our Mandarin Oriental Hotel, Las Vegas colleagues. Certain Residential Services will be offered to the Unit Owners on an optional basis, for their individual use and/or benefit, subject to additional fees assessed to the individual Unit Owner, and billed to your monthly account in such amounts to be established by the Hotel Operator and/or Manager. Please ask for a schedule of fees if you are interested in obtaining such services.
Work Order Requests Engineering Service personnel may be available to provide Unit Owners and residents with service related requests. Service charges will apply. Please contact the Residential Concierge to assist with scheduling and pricing. If applicable the Concierge will complete and document a Work Order Request Form. A member of the Engineering Staff will respond to the work request and complete it as soon as possible. All such work shall be authorized by the resident, in writing, prior to any staff member entering the Unit.
Operation of the HVAC Units It is recommended that the filters in your HVAC units be changed quarterly for maximum efficient operation of the unit(s). If you would like a member of the Engineering Staff to do this for you, please contact the Residential Concierge, who will arrange for the filters to be changed at nominal cost to you.
Power Failure Should a power failure occur at Mandarin Oriental Hotel and the Residences, an emergency generator will supply power to all elevators and some common corridor and BOH lighting with 58 | P a g e
emergency power during an outage. Additionally, the fire alarm and protection system is operational during a power failure. However, there is no emergency circuit that feeds the residence units. All lights and appliances will be off during an outage. If we plan a power outage to perform work on the building’s electrical systems, we will notify all residents, well in advance, so proper plans can be made.
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Exhibit 5 Rules and Regulations Regarding Installation on Window Coverings
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The Residences at Mandarin Oriental, Las Vegas Amended and Restated Rule Regarding Window Coverings May 10, 2010
IMPORTANT NOTICE TO OWNER: All terms not otherwise defined herein shall have the meanings ascribed to such terms in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements (the “Declaration�). Any provision of the Controlling Documents which is inconsistent with anything herein contained shall supersede and control such inconsistent provision of this document. Accordingly, each Owner and resident is encouraged to refer to the Controlling Documents, as well as applicable local, county, municipal and state laws and ordinances for a more formal and comprehensive explanation of the rights and responsibilities of all parties subject thereto. These Rules and Regulations are enacted by the Board with respect to ensure the safety and security of the Condominium and its residents and guests, and to preserve and maintain the rights of Owners and Guests and the luxury standard of the Condominium. In additional to the restrictions set forth below and in your Controlling Documents, the Board may, from time to time, adopt, amend and enforce additional Rules and Regulations relating to the governance of the Condominium and the use of the Common Elements and Units. The Manager is authorized to perform the obligations of, and exercise the enforcement rights of, the Association with respect to these Rules and Regulations, subject to the oversight of the Board. All of the Condominium Property shall be held, used and enjoyed subject to the limitations and restrictions summarized herein. Rule 10 of the Rules and Regulations adopted by the Board as of January 5, 2010 is hereby amended and restated to read as follows:
10. Window Coverings. Owners must comply with the following rules concerning window coverings for Units:
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1. Any and all window coverings must not cause a Unit’s appearance to vary materially from Units with the window coverings allowed pursuant to the Declaration and other controlling documents. All window coverings, shades and decorative applications must be approved by the Hotel Parcel Owner and Resort Owner prior to installation. Any window coverings installed without such prior approval must be immediately removed by an Owner upon request.
2. Window shades as originally installed in a Unit may not be altered unless the Owner has received approval from the Resort Owner (original specification: MechoShades; ThermoVeil; Vertical Twill Weave; Color 3611 and 2-3% openness). Any alternative window shades must be hung horizontally and must have the appearance of a flat shade. All shades must be installed in accordance with approved drawings and specifications.
3. Other window covering systems shall be compliant with a horizontal hung installation method with motorized or manual operational movement vertically as approved. Consideration shall be given for vertically installed systems (sheer and/or drapery fabric) on a case by case basis, however, any proposal must include neutral color palette for sheer and external surface color compliance with the black-out material as specified herein.
4. Under no circumstances may any window covering be attached to the curtain wall of the building.
5. The color of all window coverings facing the exterior of the building must be neutral off-white in a shade matching the specification published by MechoShades of 3611 (off white). Samples of acceptable specifications may be obtained from the Association Manager.
6. All decorative material must have black-out shade fabric provided on the exterior facing surface so that decorative fabric is not visible from the exterior of the building. Black-out material specification must be approved by the Resort Owner prior to installation. Samples of acceptable specifications may be obtained from the Association Manager.
7.
There may be no valances visible from the exterior of the building.
8. No aluminum foil may be placed in any window or glass door of a Unit, and no reflecting substance may be placed on any glass in a Unit except a substance previously approved by the Resort Owner in writing. No tint or other similar film may be installed on any window. 62 | P a g e
9. No bed sheets, papers, or the like may be applied to windows at any time. The Owner of a Unit is responsible for the care and maintenance of window coverings. Curtains, drapes, shutters, blinds and other window materials must be kept in good condition. Owners must replace shabby and torn materials exposed to the exterior.
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X Administrative Matters
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RESIDENTIAL DATA FORM Unit ________ Name of Resident: ______________________________________________Owner
Tenant
Name of Resident:______________________________________________ Owner
Tenant
Mailing Address: _____________________________________________________________ City, State and Zip Code: _______________________________________________________ Phone Number & Name: _______________________________________ Phone Number & Name: _______________________________________ Email Address: _________________________________________________________________ Secondary Email Address: ________________________________________________________ Emergency Contact: _____________________________________________________________ Phone Number: ______________________Email Address: ______________________________
Permanent Authorized Key Access Name and Relationship: ___________________________________________ Name and Relationship: ___________________________________________ Name and Relationship: ___________________________________________
Vehicles Make/Model/ License Plate: ______________________________________________________ Authorized Driver(s):____________________________________________________________ Make/Model / License Plate: ______________________________________________________ Authorized Driver(s):____________________________________________________________ Resident’s Signature: ______________________________Date: _____________________ Resident’s Signature: ______________________________Date: _____________________
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SIGNATURE CONFIRMATION FORM
Residence Unit Number: ____________________ Name Residents(s): _____________________________________________ Owner
Tenant
Name Residents(s): _____________________________________________ Owner
Tenant
In order to better serve the Unit Owners at Mandarin Oriental, Las Vegas, a Signature Form is required for purposes of future verification of your signature.
This may be submitted to the Residential Concierge or Director of Residences. Resident’s Signature: _____________________________________________________________ Date: _____________________ Resident’s Signature: _____________________________________________________________ Date: _____________________
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SIGNING PRIVILEGES ACCOUNT Residence Unit Number: ____________________ Name of Resident(s):________________________________ Owner
Tenant
Name of Resident(s):________________________________ Owner
Tenant
So that residents may sign for services rendered within the Mandarin Oriental, Las Vegas a signing account will be opened in each resident’s name. In order to facilitate this service we ask that you complete this form. Per the Terms and Conditions set forth on page two of this application, the Hotel must have valid credit card information on file to ensure payment of all invoices. Kindly provide all the information requested below to ensure prompt processing of your application. We ask you to please sign and date the form before submission. Please return completed form to the Director of Residences.
Cardholder Information Name as it appears on credit card: __________________________________________________ Card Type: Visa
MC
Amex
Diners
JCB
Carte Blanche
Discover
Novus
Account Type: Individual (personal credit card)
Corp
Credit Card Number: ____________________________________ Exp. Date: _______________ Mailing Address: __________________________________________________________ 67 | P a g e
City, State and Zip Code: ________________________________________________________ Phone Number: ________________________________________________________________ Fax or e-mail Address: __________________________________________________________ Authorized Individuals Who May Sign for Services and Amenities Name 1: ______________________________________________________________________ Name 2: ______________________________________________________________________ Name 3: ______________________________________________________________________ Name 4: ______________________________________________________________________ TERMS & CONDITIONS I/we certify that all information is complete and accurate on this form. I/we understand that all invoices will be automatically charged to the credit card above on the 25th
of each month UNLESS I/we submit another form of payment by the 10 th of each month. I/we agree to raise any disputed charges with The Mandarin Oriental, Las Vegas Accounting – Credit and Collections Department immediately. I/we understand that the disputed charge may not be paid by the 10th; however I/we agree that I/we will pay the remaining balance on the account within these terms and conditions.
I/we hereby authorize the Mandarin Oriental, Las Vegas to collect payment for all outstanding charges incurred on a monthly basis by processing a charge to the credit card listed above. I/we certify that I/we am the authorized signer(s) of the credit card listed above. I/we certify that this account must be used when signing to all Mandarin Las Vegas Hotel outlets and services performed in order to receive the concession discount on Food and Beverage charges.
Cardholder Name (Printed): _______________________________________________________ 68 | P a g e
Cardholder Signature: ___________________________________________________________ Date: ___________________________ ******MANDARIN ORIENTAL FINANCE USE ONLY***** Date Received: _________________________________________________________________ Date Forwarded to Director of Residences: ___________________________________________ City Ledger Account #: __________________________________________________________ Date Forwarded to Outlets: _______________________________________________________ Date Letter Sent to Resident: ______________________________________________________ Date Filed: ____________________________________________________________________
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PET APPROVAL FORM Residence Unit Number: ____________________ Name of Resident (s)___________________________________________ Owner
Tenant
Name of Resident (s)___________________________________________ Owner
Tenant
Pet Information Type of Pets: __________________________________________________________________ Description of Pet(s): ____________________________________________________________ (Size, Weight, Age, etc.): _________________________________________________________ Association Pet Policies Prior to bringing any pet into the Building, Unit Owners are asked to execute and deliver to the Director of Residences this Pet Approval Form. I have read and agree to comply with all Rules and Regulations contained in the Condominium Documents with reference to pet ownership at the Residences at Mandarin Oriental, Las Vegas. I understand that I must comply with the governing documents concerning pet policies and procedures. I hereby represent that my pet(s) is up-to-date with all vaccinations and agree to keep my pet properly vaccinated at all times. I further represent that my insurance policies contain no pet exclusions and that my pet is properly licensed. Date: _________________________________________________________________________ Approved: __________________________
Denied: _____________________________
Board of Trustees: ______________________________________________________________ I acknowledge that I have read and will adhere to the pet policy indicated above. Resident’s Signature: _____________________________________________________________ Date: ___________________________
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AUTHORIZATION AGREEMENT FOR DIRECT DEBITS I/We ____________________________________ of Unit ___________ hereby authorize the CityCenter Luxury Residences Unit Owners Association (“the Association”), to initiate debit entries and/or correction entries to my/our CHECKING or SAVINGS account (select one) indicated below at the Bank named below to credit the same to such account for monthly assessments of the Association and the electric billing for the unit. I/We acknowledge that such payments are due on the 1st of each month, in advance, and accordingly, the Association, shall process each charge on the first business day of each month. I/We also acknowledge that payment will be considered delinquent if received after the 15 th of each month. I/We further acknowledge that late payments will accrue a late charges of $25.00 per month and finance charge of prime plus 2% per annum, and that if the ACH debit charge is refused or reversed for any reason, I/We will immediately remit payment in the form of cash, certified check, or money order for the unpaid assessment(s) along with late and finance charges. Bank/Financial Institution: ________________________________________________________ City, State and Country: __________________________________________________________ Bank Account Number: __________________________________________________________ Bank Transit (Routing)/ABA Number: ______________________________________________ **** PLEASE ATTACH A CANCELLED CHECK TO FORM******** This authorization is to remain in effect until the Association has received written notification from me (or either of us) to cancel the automatic debit, or provides an alternate form of payment. Resident’s Signature: _____________________________________________________________ Date: _____________________ I/We acknowledge that should the Unit’s assessments become delinquent, the Association may take whatever action it deems necessary to effect collection, including without limitation, legal actions. I/We acknowledge that I/We shall be liable for all costs and for any expenses for such legal action including, but not limited to, reasonable attorney’s fees, (whether or not litigation is commenced), and any fees required in connection with appellate proceedings.
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SPECIAL HANDLING OF MAIL Residence Unit Number: ____________________ Name of Resident(s): ____________________________________________ Owner
Tenant
Name of Resident(s): ____________________________________________ Owner
Tenant
Receiving Mail/Packages/Certified Mail Residential Services personnel will sign for special deliveries (Certified USPS Mail, Federal Express, UPS, DHL parcels and the like). I acknowledge that the Residential Services personnel are authorized to accept, receive and/or deliver property on my behalf at my sole risk, releasing and indemnifying the Association and its Personnel from any responsibility of liability for loss, theft or damage to the Property. Signature ________________________
Date_________________
Signature ________________________
Date_________________
Oversized Packages All packages received will be delivered to the valet closet and logged. An email will be sent to me by the end of the business day confirming receipt of my package. If a package is too large to place in my valet closet, I hereby give permission for Residential Services personnel to place the package(s) inside my unit. We will be placing your oversized package(s) in a locked storage area located on the lobby level. The room temperature in this storage fluctuates, not fully acclimatized and may exceed temperatures of 74 degrees and higher. Please note, The CCLRUOA HOA nor Residences Manager will take responsibility for any damage, missing or misplaced items left in temporary storage or any areas within The Residences, Mandarin Oriental, Las Vegas, and you have been requested not to leave valuables in any public areas or temporary storage areas of The Residences, Mandarin Oriental, Las Vegas. The temporary storage of any personal items shall be at the sole risk of the Residence Owner/Tenant, and neither the HOA nor Residences Manager shall be liable for injury, loss or damage of any nature whatsoever, directly or indirectly, resulting there from or connected therewith. Signature ________________________
Date_________________
Signature ________________________
Date_________________
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Pulling and Forwarding Mail Addendum In February 2016 the Management office sent out a notice to all residents stating the following update. “We are unable to forward to your mail in your absence. According to the United States Postal Service (USPS), it is a liability to offer this service. Please visit https://www.usps.com/manage/forward.htm to formally forward your mail with USPS. This service will accommodate residents who need to make a long-term or temporary move.� As another option to assist you with your mail services, we are delighted to offer assistance with the following process: We will need to request your review and authorized signature to pull mail from your mailbox once the USPS has already delivered and locked your mailbox. I hereby give permission for CCLRUOA Residential Personnel to retrieve my mail from my USPS mailbox with my personal mailbox key and forward mail to me, if requested. Therefore, I hereby release my personal mailbox key to the Residential Personnel to place in the Keytrack key system along with my unit key and fob. I understand that CityCenter Luxury Residences Unit Owners Association, a Nevada non-profit corporation, Residences at Mandarin Oriental Management (Las Vegas), LLC a Nevada limited liability company, Mandarin Oriental Management (USA), Inc., any CCLRUOA Employee and/or The Residences Manager shall not be liable for any lost, damaged, misplaced mail and or packages, directly or indirectly, resulting there from or connected therewith. I understand that any lost, damaged, misplaced mail and/or packages items shall be at my sole risk. Residence Unit Number(s): ____________________ Mailbox Number(s): ______________________________________ Print Name: ____________________________________________ Resident Signature _______________________________________ Date_________________ Print Name: ____________________________________________ Resident Signature _______________________________________ Date_________________
KEY ACCEPTANCE FORM 73 | P a g e
Residence Unit Number: ____________________ Name of Residents(s): _____________________________________________Owner
Tenant
Name of Residents(s): _____________________________________________Owner
Tenant
Keys Issued and Received Residence Entry Key(s)
Number of Keys: ____________________
Mailbox Key(s)
Number of Keys: ____________________
Dog Park Key(s)
Number of Keys: ____________________
Access Fob(s)
Number of Fobs: ____________________ Association Key Policies
The Home Owners Association maintains a pass-key to each Unit. No lock may be altered or installed without the prior approval of the Association. If the Owner has not furnished a key to the Association, then the Association or its agent may forcibly enter such Unit without liability for damages or trespass, and all related costs shall be at the Owner’s expense. Owners shall not install any burglar or other alarms in the Residences without the prior written consent of The Association. All locking mechanisms visible from the residences corridors must be in keeping with the HOA specified finishes and cannot be altered. I acknowledge that I have received the keys indicated above.
Resident’s Signature: _____________________________________________________________ Resident’s Signature: _____________________________________________________________ Date: ___________________________
ADDITIONAL KEY REQUEST 74 | P a g e
Residence Unit Number: ____________________ Name of Owner(s): _____________________________________________ Owner
Tenant
Name of Owner(s): _____________________________________________ Owner
Tenant
Keys Issued and Received Residence Entry Key(s)($65) Number of Keys: ____________________ Mailbox Key(s)(free)
Number of Keys: ____________________
Dog Park Key(s)(free)
Number of Keys: ____________________
Access Fob(s) ($25)
Number of Keys: ____________________
Lock Change Request $125 includes (2) new keys Resident’s Signature: ___________________________________________________________ Date Owner Requested Keys: ___________________________ Association Key Policies The Home Owners Association maintains a pass-key to each Unit. No lock may be altered or installed without the prior approval of the Association. If the Owner has not furnished a key to the Association, then the Association or its agent may forcibly enter such Unit without liability for damages or trespass, and all related costs shall be at the Owner’s expense. Owners shall not install any burglar or other alarms in the Residences without the prior written consent of The Association. All locking mechanisms visible from the residences corridors must be in keeping with the HOA specified finishes and cannot be altered.
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OWNER’S DIRECTORY ACCEPTANCE FORM Residence Unit Number: ____________________ Name of Resident (s): _____________________________________________Owner
Tenant
Name of Resident (s): _____________________________________________Owner
Tenant
Document Issued and Received The Residences at Mandarin Oriental Las Vegas Owner’s Directory Mandarin Oriental Owner’s Directory We are pleased and delighted to present to you the owner’s directory for The Residences at Mandarin Oriental, Las Vegas. This Residential Services Directory is your guide to life at The Residences at Mandarin Oriental, Las Vegas, outlining our services and policies. The owner’s directory for The Residences at Mandarin Oriental, Las Vegas contains the following sections: Moving In, Residential Operations, Services and Amenities, Fitness and Spa, Valet and Parking, Access and Deliveries, Safety and Security, Guidelines and Rules, Administrative Matter, Miscellaneous, and Appendices. I acknowledge that I have received the owner’s directory for The Residences at Mandarin Oriental, Las Vegas as indicated above. Signature: _____________________________________________________________ Signature: _____________________________________________________________
Date Received: ___________________________
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Guest Authorization Form Residence Unit Number: ____________________ Name of Resident(s): ____________________________________________________________
Guest Name: __________________________________________________________________ Contact Number: _______________________________________________________________ Contact Email: ________________________________________________________________
Authorize unconditional access to my residence unit at any time and release HOA Security key to our unit. Authorize temporary access to my residence unit only on the following dates: to Allow access into unit. Do not release residence unit key. Please escort.
Vehicle Authorization
Authorize unconditional access to my vehicle at any time Authorize temporary access to my vehicle only on the following dates: to
o
Make __________________
o
Model __________________
o
Color __________________
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Signature:
Date:
_________
The Spa and Fitness Centre Release of Liability
Welcome to The Spa at Mandarin Oriental, Las Vegas and Fitness Center (The “Spa�). By utilizing the services and facilities within The Spa, you hereby acknowledge and agree on behalf of yourself, your successors and assigns, to the following Release of Liability:
-
You understand that exercise, use of various fitness equipment, use of swimming pool, and/or use of various spa facilities in locker areas have varying effects on individuals based upon their age, size, physical condition, and/or state of health, and may require personal knowledge in their proper use. You further understand it is your sole responsibility to determine your physical fitness for any exercise or use of fitness equipment or spa facilities based on your physical condition and personal knowledge on the use of the fitness equipment.
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You declare that you are physically capable of utilizing the services and facilities of The Spa. The Spa will not take responsibility for any kind of physical injury that may arise directly or indirectly from utilizing the services and facilities of The Spa.
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You will not use the fitness equipment, swimming pool, and spa facilities in locker areas when intoxicated.
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You agree to use the fitness equipment, swimming pool, and spa facilities in accordance with the rules and regulations set forth by The Spa from time to time.
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You acknowledge that The Spa will not take responsibility for the theft of or damage to your personal property left in a locker or any areas within The Spa and you have been requested not to 78 | P a g e
leave valuables in any locker or in any areas of The Spa. -
You acknowledge that, as a resident of the Residences at Mandarin Oriental, Las Vegas, you may have access to The Spa during non-staffed hours and during such times The Spa is an unsupervised facility. You agree not to use any fitness equipment, the swimming pool or any spa facility that is closed during non-staffed hours.
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You, your heirs, assigns and successors, release, remise, acquit and forever discharge, the owner and operator of The Spa, specifically CityCenter Boutique Hotel Holdings LLC, Mandarin Oriental Management (USA) Inc., and Mandarin Oriental Overseas Management Limited, Residences at Mandarin Oriental Management (Las Vegas), LLC, CityCenter Luxury Residences Unit Owners Association, LLC, CityCenter Boutique Residential Development, LLC, CityCenter Boutique Holdings, LLC, ARIA Resort and Casino Holdings and their respective affiliates, together with officers, directors, members, managers, shareholders, employees, agents, and representatives of the aforesaid companies and all successors and/or assigns (collectively "Released Parties") from and against any and all actions, cost, demands, claims, causes of action, losses, expenses, and/or property damage in any manner resulting from your actions and/or omissions and/or use of the services and facilities of The Spa, whether or not well founded in fact, law or equity, which you may have or which your heirs, assigns and successors hereinafter can, shall or may have against the Released Parties as a result thereof.
You, your heirs, assigns and successors agree to indemnify the Release Parties and to hold them harmless from and against any and all damages, costs, debts, expenses and losses, including without limitation, attorney's fees, suffered or incurred by the Release Parties as a result of any breach of any provision of this Release of Liability.
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You declare that you are over the age of 18 years. NOTE: Minors between the ages of 12 and 18 are permitted to use The Spa only if this Release of Liability has been executed by a parent or guardian authorized to act on behalf of the minor, agreeing to the foregoing on behalf of the minor. 79 | P a g e
Minors under the age of 12 years are not allowed to use The Spa, except that minors under the age of 12 years may use the Swimming Pool only if this Release of Liability has been executed by a parent or guardian authorized to act on behalf of the minor, agreeing to the foregoing on behalf of the minor and the minor is accompanied by such parent or guardian at all times while at the Swimming Pool.
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You agree that this Release of Liability shall be governed by and construed under the laws of the State of Nevada. In the event of litigation to interpret or enforce the terms of this agreement, the prevailing party in such litigation shall be entitled to recover its reasonable attorney’s fees incurred in connection therewith. Clark County, Nevada shall be the venue for the hearing of any litigation filed in relation to this Release of Liability.
You acknowledge that you have read this Release of Liability carefully and understand its meaning and you agree to be bound by this Release of Liability.
Name: (please Print)__________________________
Date:______________
Signature:______________________________
Residential Number____________________
Time___________a.m/p.m
The undersigned affirms that he/she is a parent or guardian authorized to act on behalf of the minor named above and agrees to all the terms and conditions in this Release of Liability on his/her own behalf and on behalf of the minor.
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UNIT OWNER NOTICE TO BOARD OF INTENTION TO LEASE CONDOMINIUM UNIT The undersigned, being as of this date the Unit Owner(s) of record of Residential Unit Number 2909 at the Residences at Mandarin Oriental, Las Vegas, hereby notifies the Residential Board, in care of Residences at Mandarin Oriental Management (Las Vegas) LLC, the Managing Agent, that the undersigned has received a bona fide offer to LEASE the Unit from the party/ies named below on the terms stated below, and that the undersigned intends to accept such offer.
NAME AND ADDRESS OF PROSPECTIVE TENANT(S): 1.) 2.) Note: If a prospective tenant is an entity (e.g., corporation, limited liability company, etc.), name the designated officer, director, stockholder, member or employee of the entity who will occupy the Unit and for how long a term. When and if the designated occupant vacates the Unit, another application must be filed and references submitted before occupancy can be allowed to a successor designated occupant. TERMS OF PROPOSED LEASE: Attached is a true and complete copy of the proposed lease agreement setting forth all of the terms between the parties. The following is a summary of the terms of such document. Monthly Rental: $.00
Lease Commencement: X- X-2010
Lease Term:
The undersigned acknowledges that the leasing of the Unit is subject to the provisions of the Declaration of Covenants, Conditions and Restrictions and Reservations of Easements (the “Declaration�) and the
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Rules and Regulations of The Residences at Mandarin Oriental Las, Vegas, which include the following requirements with regard to leasing:
1. The lease term must be for a minimum period of six (6) months.
2. The maximum number of lease terms on a single Unit may not exceed two (2) per calendar year.
3. The Lease must be for the entire Unit. No partial Unit may be rented.
4. The Lease must be in writing, and a copy must be provided to the Board.
5. The Board shall have the right to terminate the lease upon default by the tenant or the Unit Owner of any provisions of the Governing Documents or any law governing the Unit.
6. The written lease agreement must provide that the tenant deposit in escrow with the Association an amount not to exceed one month’s rental fee paid for the Unit, or $2,500.00, whichever is less, which shall be used by the Association to repair any damage to the Common Elements or any other property located within the Condominium or to pay any fines resulting from acts or omissions by the tenants (as determined in the sole discretion of the Association). After any deductions for repairs or reimbursement to the Association, the balance of the security deposit shall be returned to the tenant, within two weeks after the expiration of the lease.
7. All Unit Owners shall be jointly and severally liable with the tenants of such Unit to the Association for any amount which is required by the Association to effect repairs to the Common Elements or to pay any claim for any injury or damage to property caused by the malicious actions or negligence of the tenant.
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8. All leases shall comply with and be subject to the provisions of the Controlling Documents and the provisions of same shall be deemed expressly incorporated into any lease.
9. These leasing provisions shall also apply to assignments and renewals of leases.
10. Upon entering into an agreement for the lease of a Unit, the Unit Owner shall: (i) provide to the Board written notice thereof and a copy of the executed lease agreement; (ii) furnish to the Board the names of the tenant and all tenants to be residing in the Unit; and (iii) deliver a copy of the Governing Documents and the Rules and Regulations to the tenant and return to the Association a signed acknowledgement by the tenant of receipt of the Association’s Governing Documents and Rules and Regulations. 11. All leases must be APPROVED by the Board; such which approval shall not be unreasonably withheld. 12. The Unit Owner shall submit a non-refundable $100.00 processing fee with this notice to the Board of Directors for its approval of the lease and its terms and provisions. All payments to the HOA by check should be made to: CityCenter Luxury Residences Unit Owners Association 3750 Las Vegas Blvd S Las Vegas, NV 89158 UNIT OWNER(S): Names(s):
Signature:
Dated:
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Signature:
Dated:
BOARD APPROVAL:
Signature:
Dated:
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Lease Processing Fee Tenant Deposit Tenant Acknowledgment
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ACKNOWLEDGEMENT OF RECEIPT OF GOVERNING DOCUMENTS
The undersigned (“Tenant”) has entered into a lease agreement as of this date with the Unit Owner(s) of record of Residential Unit Number 2909 at the Residences at Mandarin Oriental, Las Vegas. Tenant hereby acknowledges and agrees that the lease agreement and Tenant’s rights of occupancy are subject to the provisions of the Governing Documents and the provisions of same shall be deemed expressly incorporated into the lease. Tenant acknowledges receipt of, and agrees to comply with the provisions of, the following Governing Documents:
1. 2. 3. 4.
Declaration of Covenants, Conditions and Restrictions and Reservations of Easements Bylaws of CityCenter Luxury Residences Unit Owners Association Articles of Incorporation of CityCenter Luxury Residences Unit Owners Association Rules and Regulations of The Residences at Mandarin Oriental Las, Vegas
TENANT(S): Names(s):
Signature:
Dated:
Signature:
Dated:
RESIDENCES AT MANDARIN ORIENTAL, LAS VEGAS 86
CONDOMINIUM UNIT IMPROVEMENT APPROVAL REQUEST FORM
Unit No:
Date:
Name of Unit Owner: Mailing Address: Phone Number:
Pursuant to Article 9 of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Residences at Mandarin Oriental, Las Vegas (the “Declaration�), I hereby request the approval of the CityCenter Luxury Residences Unit Owners Association for the improvements/alterations/additions described below to the Condominium Unit identified above.
Please submit three (3) complete copies of this request form along with all plans, sketches and other items supporting the request to the Association Manager.
General description of proposed improvements/alterations/additions:
Please indicate whether the proposed improvements/alterations/additions/modifications described above will involve any of the following:
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installation or alteration of window shades, decorative treatments, window tinting, drapes, blinds or other window coverings (please refer to Exhibit 5 to this form) - please include with this form an initial sketch detailing location and hanging installation method and sample fabric that will be used for the exterior-facing portion of the treatment
any alteration or improvement which may alter, modify, impair, and/or otherwise affect any mechanical, plumbing, electrical, life safety, telephone, telecommunication, utility or other systems in the unit or the building - please include with this form an initial sketch and a detailed description of the proposed modification (unit owner may also need to provide plans stamped by a licensed engineer)
any alteration or improvement that reconfigures the unit (e.g. removal or alteration of walls, cabinetry or other fixtures) or the installation of cabinetry, closets, wall mounted televisions or other heavy items within the unit - please include with this form an initial sketch and a detailed description of the proposed modification and location within the unit (unit owner may also need to provide plans stamped by a licensed architect/engineer)
any alteration or improvement that may in any manner alter, modify, impair and/or otherwise affect the structural integrity of the building, including but not limited to any alteration or improvement affecting the curtain wall, the columns and/or sheer walls of the unit installation or alteration of hard flooring or wall coverings - please include with this form a description and weight of the flooring and a detailed description of the proposed underlayment system
transmission beyond the unit of any significant noises and/or vibrations and/or odors and/or light and/or any obnoxious emanations detectable by any senses whatsoever
Contractors: please provide a list of all architects, engineers, contractors and subcontractors who will be performing or overseeing the work described above as well as insurance certificates for each contractor in the form attached hereto as Exhibit 7. Name: _____________________________ License No: ________________________ Name: _____________________________ License No: ________________________ Name: _____________________________ License No: ________________________ Name: _____________________________ License No: ________________________ Name: _____________________________ License No: ________________________
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Name: _____________________________ License No: ________________________ I/we understand that the proposed improvements/alterations/additions described herein may also require the review and approval of the Hotel Parcel Owner (as defined in the Declaration) and/or the Resort Owner (as defined in the Declaration). I/we understand that the proposed improvements/alterations/additions described herein may also require a permit from the Clark County, Nevada Building Department or other governmental agencies having jurisdiction over the work being performed and I/we agree to obtain all required permits and approvals prior to commencing any work. I/we further understand that the Board (and/or Hotel Parcel Owner and/or Resort Owner, if applicable) has the right, in its sole discretion, to: (i) approve of the contractor who will perform the work described herein; (ii) to restrict the time during which the work may be performed; (iii) require a security deposit in an amount to be determined by the Board; (iv) require that I/we provide plans and specifications prepared by a licensed professional engineer or architect; (v) condition any approval upon compliance with a construction schedule and impose a construction penalty for failure to meet the construction schedule; and (vi) require such additional information and documentation as it deems necessary or appropriate to adequately review my request.
I/we understand that the improvements/alterations/additions described herein must be performed in accordance with the terms and conditions of the Declaration, the Reciprocal Easement Agreement (as defined in the Declaration) and any rules and regulations adopted by the Association, the Hotel Parcel Owner or Resort Owner, including those provisions attached hereto. I/we understand that I/we will be responsible to indemnify and hold harmless the Association, the Hotel Parcel Owner, the Resort Owner and other parties as provided in the Declaration and the Reciprocal Easement Agreement, for any damages arising out of the performance of the improvements/alterations/additions described herein.
I/we also understand that an application fee as well as a refundable deposit will be required in connection with this matter. The Board will determine the amounts after a preliminary review of the application for a determination of whether the improvements/alterations/additions specified herein are minor, moderate or major in nature and the scope of required review.
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I/We further acknowledge that any approval issued by the Association, the Hotel Parcel Owner and/or the Resort Owner is conceptual only and does not constitute or shall be deemed an approval from the standpoint of structural safety, soundness, workmanship, materials, usefulness, conformity with building or other codes or industry standards or compliance with governmental regulations.
I/we hereby certify that the information submitted herein is true and correct and that we have read and understand the provisions attached hereto relating to unit modifications and contractor restrictions
Signature:
Signature:
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Exhibit 1
Article 9 of Declaration
Additions, Alterations or Improvements by Owners .
9.1 When Approval Required . No Owner may install any electrical wiring, plumbing, machinery, pools, whirlpools, saunas, air conditioning units or improvements or items in, on or to its Unit, make any addition, alteration or improvement to the Common Elements without the prior written consent of the Board, or change in any manner the appearance of any portion of the Building without the prior written consent of the Hotel Parcel Owner. Notwithstanding anything in this Article to the contrary, no Owner may make any addition, alteration or improvement to the Hotel Parcel or any portion thereof. The standards and limitations contained in this Article shall be minimum standards and limitations and the Board shall be free to adopt and enforce rules and regulations which are more restrictive than those contained herein.
9.2 Approval Process . The Board shall answer, in writing, any written request by an Owner for approval of an installation to its Unit or other addition, alteration or improvement within forty-five (45) days after receipt of the written request and any additional information requested by the Board is received. The Board may condition the approval as it desires, including, without limitation, that it may (i) retain the right to approve of the contractor who will perform the work; (ii) restrict the time when the work may be performed; (iii) require an Owner to provide a security deposit in an amount the Board determines and in an account the Board controls; (iv) require an Owner to provide to the Board plans and specifications prepared and sealed by a professional engineer or architect duly licensed by the State of Nevada; (v) condition any approval upon compliance with a construction schedule and impose a construction penalty in an amount not greater than fifty thousand dollars ($50,000.00) or another amount agreed to between the Association and the Owner in a separate contract; and (vi) require an Owner requesting the change to obtain, prior to commencing any work, and maintain, until completion of the work, comprehensive general liability insurance in amounts required by the Board. If the Board requires an Owner to obtain comprehensive general liability insurance, then the Owner shall designate the Declarant, the Association, the Board, the Hotel Parcel Owner and the Hotel Operator and any other person designated by the Board as additional insureds under the policy or policies.
9.3 Standards for Construction of Additions, Alterations or Improvements by Owners 91
. All work performed in connection with an approved addition, alteration or improvement of any Unit shall be effected as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay access to or from or be a nuisance to other Owners or the Hotel Parcel Owner or Hotel guests, licensees or invitees, the operations of the Hotel in general, the Commercial Parcel Owner, Commercial Parcel guests, licensees or invitees or the operations of the Commercial Parcel in general. No addition, alteration or improvement within a Unit shall be built in such a manner as to adversely affect the heating, ventilation, air conditioning or any other Systems (including, without limitation, Life Safety Systems), or the structural integrity of any other Unit, the Building, the Hotel Parcel or related structures in the Condominium Property. Staging for any approved addition, alteration or improvement including, without limitation, the location and storage of building materials, and the parking of construction vehicles and equipment shall be limited to those areas within the Unit being altered, modified or changed, or in such other areas of the Common Elements as the Association designates in its sole discretion (subject to approval of the Hotel Parcel Owner, in its sole discretion). Unless otherwise specifically stated herein, the Person contracting for the performance of such work (“ Contracting Party”) shall, at its sole cost and expense, promptly repair and restore or cause to be promptly repaired and restored to its prior condition all improvements damaged or destroyed in the performance of such work. If the same is not repaired and restored as required above, the Association shall have the right, in its sole discretion, to cause such damage or destruction to be repaired and restored at the cost of such Contracting Party and shall have the express right to file a lien on such Contracting Party’s Unit(s) within the Condominium Property and shall have the right to foreclose such lien in accordance with Nevada Law.
9.4 Liens . The Contracting Party shall not permit any liens to stand against his, her or its Unit, Condominium Property, the Hotel Parcel, the Commercial Parcel, the Building (or any portion thereof) or the Project (or any portion thereof) for any work done or materials furnished in connection with the performance of any addition, alteration or improvement as provided herein; provided, however, that the Contracting Party may contest the validity of any such lien, but upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied and released of record. The Contracting Party shall, within thirty (30) days after receipt of written notice from the Association, the Hotel Parcel Owner, the Commercial Parcel Owner, the owner of any portion of the Building and/or the Project, as the case may be, cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, failing which the Association and/or the Hotel Parcel Owner, as the case may be, shall have the right, at the Contracting Party’s sole cost and expense, to transfer said lien to bond.
9.5 Costs . The Owner shall pay all costs the Board incurs in reviewing any of the Owner’s proposed changes, including, without limitation, all costs of architects, engineers or other professionals the Board and/or the Hotel Parcel Owner, as the case may be, retains to assist in its review. If the Owner does not timely pay these costs, the costs shall be deemed a Special Assessment.
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9.6 Compliance with Law . An Owner’s installations, approved additions, alterations or improvements (i) shall be made in compliance with all applicable laws, rules, ordinances and regulations of all governmental authorities, (ii) may only be made once all required permits have been obtained and (iii) must be in compliance with any conditions imposed by the Association with respect to design, structural integrity, sound attenuation, water-proofing, construction details, lien protection or otherwise.
9.7 Indemnification . An Owner making or causing to be made any installations, additions, alterations or improvements agrees for that Owner, and for his or her heirs, personal representatives, successors and assigns, to defend and to hold the Association, Declarant, Hotel Parcel Owner Parties, any Commercial Parcel Owner and all other Owners and owners of property within the Project harmless from and to indemnify them for any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys’ fees and reasonable attorneys’ fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever, arising out of or in any way connected with the performance of such work, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. Further, each Owner (including the successors and assigns) agrees to indemnify and hold Declarant, the Hotel Parcel Owner Parties, any Commercial Parcel Owner and the Owner of any other portion of the Project, as the case may be, and the Association harmless from and against any and all costs, claims (whether rightfully or wrongfully asserted), damages, expenses or liabilities whatsoever (including, without limitation, reasonable attorneys’ fees and court costs at all trial and appellate levels), arising out of any review of plans as provided herein.
9.8 Repair and Maintenance . The Owner making or causing to be made any installations, additions, alterations or improvements shall be responsible for the maintenance and repair of any installations, additions, alterations or improvements, and for insurance.
9.9 Right to Stop Work and of Review . The Association shall have the right to stop any work that is not in compliance with the terms contained in this Article or any rules of the Association governing improvements by Owners. The Association’s rights of review and approval of plans and other submissions under this Declaration are intended solely for the benefit of the Association and its respective designees. Neither Declarant, the Association nor any of their respective officers, directors, employees, agents, contractors, consultants or attorneys shall be liable to any Owner or any other person by reason of mistake in judgment, failure to point out or correct
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deficiencies in any plans or other submissions, negligence, or any other misfeasance, malfeasance or nonfeasance arising out of or in connection with the approval or disapproval of any plans or submissions. Anyone submitting plans as provided in this Article , by the submission of same, and any Owner, by acquiring title to same, agrees not to seek damages or equitable relief from Declarant or the Association arising out of the review of any plans. Without limiting the generality of the foregoing, the Association shall not be responsible for reviewing, nor shall its review of any plans be deemed approval of, any plans from the standpoint of structural safety, soundness, workmanship, materials, usefulness, conformity with building or other codes or industry standards, or compliance with governmental requirements. Neither the Declarant nor the Association shall be responsible or subject to any liability for the refusal of the building department or any other governmental authority with jurisdiction to approve the proposed alterations or changes.
9.10 Life Safety Systems . No Owner may make any additions, alterations or improvements to the Life Safety Systems and/or to any other portion of the Condominium Property which may impair or affect the Life Safety Systems or access to the Life Safety Systems. In that regard, no lock, chain or other device or combination thereof shall be installed or maintained at any time on or in connection with any door on which panic hardware or fire exit hardware is required or installed. Stairwell identification and emergency signage shall not be altered or removed by any Owner in any manner whatsoever. No barrier, including, without limitation, items of personalty, shall impede the free movement of ingress and egress to and from all emergency ingress and egress passageways.
9.11 Sound Restriction . In the event that any Owner desires to modify any Improvement to its Unit, including, without limitation, the floor coverings in its Unit, then, in addition to all other requirements set forth herein, each Owner shall be, and remain, obligated to comply with the terms of this Article . Under all circumstances, whether as a result of modifications to the Unit, or actions of an Owner within its Unit, each Unit shall be required to have the following minimum field sound transmission class (“ FSTC”) ratings: (i) with respect to walls between Units, no less than sixty (60), (ii) with respect to walls between a Unit and a corridor, no less than fifty (50), and (iii) with respect to walls solely within a single Unit that are between the floor and ceiling, no less than fifty (50). In addition, each Unit shall maintain a minimum field impact isolation class (“FIIC”) rating of no less than forty-five (45). Such measurement is a general classification with respect to the impact sound insulation of a floor/ceiling assembly between neighboring Units. Flooring materials (including hard-surface flooring underlayment materials) are classified by such FSTC and FIIC measurements that reflect the degree of noise likely to be created by use of such materials (and, as described more fully in this Section below, such information is among the information required to be provided by an Owner at such Owner’s sole expense before any consideration will be given to permitting replacement of flooring materials). If testing is required to confirm compliance with the above FSTC and FIIC requirements, the same shall be conducted at the Owner’s sole expense by a qualified acoustical consultant per the test and classification requirements specified in the most current versions of
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ASTM E 366, ASTM E 413, ASTM E 1007, and ASTM E 989. The Owner shall, at its sole expense, seek the assistance of a qualified acoustical consultant to understand the requirements set forth in this Article .
9.12 Floor Coverings . With respect to carpeting installed in a Unit by an Owner, padding shall be used, and such carpeting and padding shall be of a total weight of no less than sixty (60) ounces per square yard. With respect to hardwood, marble, ceramic tile or other hard floor coverings, if permitted, such flooring shall be installed only with appropriate acoustic underlayment. The particular underlayment may be dictated by the nature of the floor covering. It shall remain the responsibility of each Owner to abide by the sound and noise reduction requirements set forth in this Declaration. It shall be required for any such Owner contemplating the installation of hardwood flooring, marble, ceramic tile or other hard floor coverings on the floor directly above a Unit owned by another Owner, to request the Association’s approval to permit the Owner to install same. Under no circumstances shall any Owner modify, alter or impair the floor/ceiling assembly of its Unit. Any Owner desiring to install hard-surface flooring in its Unit to replace any originally-installed flooring shall provide at such Owner’s sole expense the following information to the Association for its reference in connection with its review of any request to permit the installation of such hard-surface flooring (subject to the waiver by the Association of the requirement that any particular materials or information be submitted):
(a) Information. Information, including, if appropriate, construction plans and/or drawings, clearly indicating the type of flooring to be installed and the underlayment to be provided to mitigate impact noises such as foot-falls. The information must clearly identify all materials, their composition, and thickness. This information, including any plans and/or drawings, shall be reviewed and approved, at the Owner’s sole cost and expense, by a qualified acoustical consultant for acoustical and structural integrity and performance and compliance with the acoustical requirements of this Declaration; (b) Instructions. A copy of the installation instructions from the resilient underlayment manufacturer, which instructions shall be followed by the installing contractor; (c) Contractors. The name, qualifications, and experience of the contractor who will install the hard-surface flooring and resilient underlayment, with a listing of such contactor’s experience in the installation of floors utilizing impact installation materials; and (d) Evidence. Evidence that the newly-installed flooring will not create greater noise impacts than the test results for the floor/ceiling assembly yielded when tested as described above. 9.13 Noise Reduction
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. Acoustical privacy is in the mutual interest and benefit of all Owners, their lessees and other occupants of the Condominium Property. Acoustical privacy can only be achieved through understanding and compliance with certain limitations and restrictions. It is recognized that total sound isolation from an adjacent Unit or other Improvement in a manner comparable to a single-family residence is difficult if not impossible to attain. Efforts have been made in the basic design of the Condominium Property to alleviate airborne noise, structure-borne noise and impact noise transmission from and to each Unit. The design and construction of the Condominium Property attempts to meet the standards and criteria imposed by the applicable governmental authorities related to sound insulation to the extent permitted by construction practices today. Modification of design of the structures or related components thereof by any Owner, or installation of noise generating instruments or equipment, could then alter the resultant expected isolation. The following restrictions are intended to maximize the acoustical privacy of all Owners, lessees and other occupants of the Condominium Property:
(a) Noise Requirements. Any improvement, equipment, or activity which may create noise impacts for any Unit or the Common Elements shall be subject to the strict noise reduction requirements and guidelines set forth herein and/or in any guidelines adopted by the Association from time to time in the Rules and Regulations (the “Noise Requirementsâ€?). The Board shall have the right to request that any Owner desiring to install any such improvements or equipment submit the results of a noise study prepared by a qualified acoustical consultant or firm listed with the National Council of Acoustical Consultants or another Person reasonably acceptable to the Board; (b) Transmission Limits. In no event shall sound that is transmitted from the Common Elements or a Unit in which it is generated into an adjacent Unit or the Common Elements exceed a sound level in the adjacent Unit or the Common Elements of 45 dBA during the daytime hours of 7 a.m. to 10 p.m. and a sound level of 35 dBA during the nighttime hours of 10 p.m. to 7 a.m. Furthermore, sound that has a predominantly low-frequency characteristic (noticeably high sound levels below 250 Hz) that is transmitted from the Common Elements or a Unit in which it is generated into an adjacent Unit or the Common Elements shall not exceed a sound level in the adjacent Unit or the Common Elements of 50 dBC during the daytime hours of 7 a.m. to 10 p.m. and a sound level of 40 dBC during the nighttime hours of 10 p.m. to 7 a.m.; (c) Placement Requirements; Prohibited Devices. Devices that create sound or vibration that can be transmitted into the Common Elements or an adjacent Unit shall not be directly attached to a wall or ceiling that separates adjacent Units or a Unit from the Common Elements, or mounted or placed on a shelf that is directly attached to a wall or ceiling that separates adjacent Units or a Unit from the Common Elements. These devices include, but are not limited to, acoustic speakers associated with a stereo or surround sound system and acoustic speakers associated with electronic instruments. These devices may be located on interior walls within a Unit. Any device that generates vibration that can be transmitted as sound into an adjacent Unit or the Common Elements through the floor/ceiling assembly separating two Units or a Unit from the Common Elements shall be placed on resilient pads. These devices include, but are not limited to, base or subwoofer speakers, pianos, organs, and aerobics exercise equipment. The resilient pad shall be a minimum ½ inch neoprene waffle load distribution plate 96
or pad or a resilient load distribution plate or pad that will provide equivalent vibration isolation. The playing of all percussive-type instruments is prohibited in all Units. Percussive-type instruments include, but are not limited to, drums, bongos, bells, tambourines, and cymbals. The use of free weights that are used as part of an aerobic, exercise, or weight training regimen that can be dropped onto a floor that is part of a floor/ceiling assembly separating adjacent Units or a Unit from the Common Elements is prohibited in all Units. The Owner, lessee or other occupant of a Unit shall submit a written statement to the Association of its intent to install and use any of the devices covered in this Section and shall document the measures it is taking to comply with the requirements of this Section. If the Association, in its sole discretion, determines that the use of said devices is not in compliance with the requirements of this Section, then the Owner shall be prohibited from using said devices. If the Association fails to provide written notice to the Owner, lessee or occupant within a sixty (60) day period after receipt of such Owner’s written statement, it shall be conclusively presumed that the Association has not approved the use of said devices; (d) Other Devices. Many other devices and decorations or uses or misuses thereof, can likewise be the cause of unacceptable sound or vibration in adjacent (along side, above or below as the case may be) Units or the Common Elements, including, but not limited to, rotating, oscillating or vibrating devices. Owners are forewarned and on notice that the criteria for acoustical privacy set forth herein shall apply for any condition resulting in annoyance and complaint by other Unit occupants within the Condominium Property; (e) Non-compliant Flooring. If any flooring installation by an Owner does not comply with the sound attenuation requirements set forth herein, irrespective of any approval by the Association, the non-complying Owner shall indemnify, defend and hold harmless Declarant, the Hotel Parcel Owner Parties, the Commercial Parcel Owner and the Association from any claims for defects, damages, liabilities, costs, and/or expenses (including reasonable attorneys’ fees and court costs at all trial and appellate levels) arising out of, caused by, or associated with such non-compliance; (f) Noise Violations. If a complaint is made for non-compliance with the Noise Requirements or any provision of this Declaration relating to noise, the Association may retain the services of a recognized acoustical consultant to field test the area of complaint. The costs shall be chargeable to the complaining party in the event the field test shows that conditions meet the criteria of the applicable guidelines. If such field tests show noncompliance, then the costs of the testing shall be borne by the offending party and charged as a Special Assessment. In the event an Owner fails to comply with the provisions of this Section or any Noise Requirements, or any provision of this Declaration relating to noise (a “Noise Violation”), the Association shall have the right, after Notice and Hearing and reasonable opportunity to cure such Noise Violation as determined by the Board, pursuant to this Section, to enter into the Owner’s Unit for the purpose of remedying the Noise Violation. The Association shall not be liable for trespass in connection with such entry. At any hearing on a noise issue, the Owner will have an opportunity to discuss the merits of the claims set forth in the notice of Noise Violation, and the Board will determine what action, if any, needs to be taken by the Owner to remedy the Noise Violation and the time within which it must be accomplished. The cost to the Association of remedying such Owner’s failure to comply with the provisions of this Section, as 97
well as any damages suffered by the Association with respect thereto, shall be assessed to the Owner as a Special Assessment, enforceable in the manner provided in this Declaration; and (g) Disclaimer. EACH OWNER, BY ACCEPTANCE OF A DEED OR OTHERWISE ACQUIRING TITLE TO A UNIT, ACKNOWLEDGES AND AGREES THAT SOUND TRANSMISSION IN A HIGH-RISE BUILDING SUCH AS THE BUILDING IS VERY DIFFICULT TO CONTROL AND THAT NOISES FROM ADJOINING OR NEARBY UNITS, THE HOTEL PARCEL, THE COMMERCIAL PARCEL AND/OR MECHANICAL EQUIPMENT CAN OFTEN BE HEARD IN ANOTHER UNIT. DECLARANT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE LEVEL OF SOUND TRANSMISSION BETWEEN AND AMONG UNITS AND THE OTHER PORTIONS OF THE BUILDING, AND EACH OWNER SHALL BE DEEMED TO WAIVE AND EXPRESSLY RELEASE ANY SUCH WARRANTY AND CLAIM FOR LOSS OR DAMAGES RESULTING FROM SOUND TRANSMISSION. 9.14 Weight Restriction . The installation in any Unit of any improvement or object having a load in excess of 40 pounds per square foot must be compatible with the overall structural design of the Building. The Association or the Hotel Parcel Owner may require a structural engineer to review certain of the proposed improvements with such a review to be at the sole cost and expense of the Owner desiring to make such installation. In the event that an Owner violates the load limitations set forth in this Section, irrespective of any approval by the Association or the Hotel Parcel Owner, the non-complying Owner shall indemnify, defend and hold harmless Declarant, the Hotel Parcel Owner Parties and the Association from any claims for defects, damages, liabilities, costs, and/or expenses (including reasonable attorneys’ fees and court costs at all trial and appellate levels) arising out of, caused by, or associated with such non-compliance.
9.15 Shelves and Wall Hangings Within Units . Any attached shelving or hanging pictures shall only be installed or hung with toggle bolts into the drywall which shall not penetrate such drywall more than three quarters (3/4) of an inch. Without limiting the foregoing, no Owner or other Person shall fasten shelving or hanging pictures directly to studs on walls between neighboring Units or between a Unit and the Common Elements.
9.16 Improvements, Additions or Alterations by Declarant . Notwithstanding anything to the contrary, the foregoing restrictions of this Article shall not apply to Declarant-owned Units. Declarant shall have the unconditional right, without the consent or approval of the Board or other Owners and at Declarant’s own expense, to make alterations, additions or improvements, structural and non-structural, interior and exterior, ordinary and extraordinary, in, to and upon any Unit owned by it and the Common Elements appurtenant thereto (including, without limitation, the removal of walls, floors, ceilings and other structural portions of the Improvements). Any amendment
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to this Article shall require the prior written consent of Declarant. The rights herein reserved are part of the Developmental Rights.
9.17 Consent of Hotel Parcel Owner . Notwithstanding anything in this Article to the contrary, the consent or approval of the Hotel Parcel Owner may be required before any addition, alteration or improvement may be performed which in any way affects or impairs the Hotel Parcel or any portion thereof as provided in the Reciprocal Easement Agreement. The Reciprocal Easement Agreement may place other limitations and/or restrictions on the Owners’ ability to perform additions, alterations or improvements to the Units.
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Exhibit 2
Exhibit H of Reciprocal Easement Agreement
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EXHIBIT H
ADDITIONS, ALTERATIONS AND IMPROVEMENTS
All capitalized terms used in this Exhibit H, but not otherwise defined herein, shall have the meanings set forth in the Agreement to which this Exhibit H is attached.
No Owner other than the Hotel Parcel Owner may make or authorize or cause or enable any addition, alteration or improvement to any property whatsoever (including, without limitation, any and/or all property owned or controlled by said party) that in any way may affect or impair the Hotel Parcel or any portion or system or element thereof, without first obtaining the prior written consent of the Hotel Parcel Owner (which consent may be granted or withheld in the sole and absolute discretion of the Hotel Parcel Owner). The skin and/or exterior of the Luxury Building is part of the Hotel Parcel and is not part of the Commercial Parcel or the Condominium Parcel. Without limitation of the foregoing, no Owner other than the Hotel Parcel Owner may make or authorize or cause or enable any of the following without first obtaining the prior written consent of the Hotel Parcel Owner (which consent may be granted or withheld in the sole and absolute discretion of the Hotel Parcel Owner): any alteration to its Parcel and/or Condominium Unit (as applicable) or any other portion of the Luxury Building Property, or any addition to the exterior of any portion of the Luxury Building Property (including, without limitation, awnings, signs, storm shutters, screens, window tinting, or furniture, fixtures and equipment, whether affixed or attached to, or hung or displayed or placed upon, the Luxury Building’s skin and/or exterior, including, without limitation, exterior walls and/or doors and/or windows of the Luxury Building), any of which may alter, modify, impair, and/or otherwise affect the uniform exterior of the structures constructed upon the Luxury Building Property (including, without limitation, any windows and/or exterior lighting schemes); any alteration to its Parcel and/or Condominium Unit (as applicable), or any other portion of the Luxury Building Property, which may alter, modify, impair, and/or otherwise affect any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) not its sole property or which operate on a Luxury Building-wide basis or otherwise operate as part of an interdependent or integrated whole within all or any part of the Luxury Building beyond said Parcel and/or Condominium Unit (as applicable); any alteration to its Parcel and/or Condominium Unit (as applicable), or any other portion of the Luxury Building Property, which may alter, modify, impair, and/or otherwise affect, any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) which may be integrated into or with, or interdependent with, any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) not its sole property or which operate on
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a Luxury Building-wide or Project-wide basis or which otherwise operate as part of an interdependent or integrated whole within all or any part of the Luxury Building or the Project beyond said Parcel and/or Condominium Unit (as applicable); any alteration to its Parcel and/or Condominium Unit (as applicable), or any other portion of the Luxury Building Property, which may alter, modify, impair, and/or otherwise affect, the structural integrity of the Luxury Building, the Hotel Parcel, or any Structure; and/or any alteration to its Parcel and/or Condominium Unit (as applicable), or any other portion of the Luxury Building Property, which may violate any provisions of the Agreement whatsoever (including, without limitation, the provisions of Article 5 of the Agreement or this Exhibit H), or which may in any way impair or violate any rights of Developer or the Hotel Parcel Owner under the Agreement or this Exhibit H. Moreover, without first obtaining the prior written consent of the Hotel Parcel Owner (which consent may be granted or withheld in the sole and absolute discretion of the Hotel Parcel Owner), no Owner may make or authorize or cause or enable any addition, alteration or improvement to any property owned or controlled by said Person that in any way may (directly or indirectly) cause there to be transmitted beyond said property any significant noises and/or vibrations and/or odors and/or light, and/or any obnoxious emanations detectable by any senses whatsoever, any of which were not transmitted from said property prior to the commencement of construction of said addition, alteration and/or improvement. The Hotel Parcel Owner may condition any approval that it grants as it desires, including, without limitation, that it may: retain the right to approve of the contractor who will perform the work; restrict the time when the work may be performed; require an Owner to provide a security deposit in an amount the Hotel Parcel Owner determines and in an account the Hotel Parcel Owner controls; require an Owner to provide to the Hotel Parcel Owner plans and specifications prepared and sealed by a professional engineer and/or architect duly licensed by the State of Nevada; and require an Owner to obtain, prior to commencing any work, and maintain, until completion of the work, comprehensive general liability insurance in amounts required by the Hotel Parcel Owner and designating Developer and the Hotel Parcel Owner and the Hotel Operator and any other Person designated by the Hotel Parcel Owner as additional insureds thereunder. Without limitation of the foregoing, no personal property or other objects shall be brought onto the Luxury Building Property which (individually or collectively) are of such a weight or mass as to impair and/or otherwise affect the structural integrity of any part thereof, including, without limitation, the Luxury Building, the Hotel Parcel, or any Structure. Without limitation of the foregoing, in performing any additions, alterations or improvements to its property within the Luxury Building Property, the Commercial Parcel Owner, the Association and/or any Condominium Unit Owner shall (as the case may be) cause all of the following conditions to be observed: (a) All work performed shall be effected as expeditiously as possible and in such a manner as not unreasonably to interfere with, obstruct, or delay access to or from or be a nuisance to, the Hotel Parcel Owner or Hotel guests, tenants, invitees, licensees or agents, the operations of the Hotel in general, or other Owners (and, if such other Owner is the Commercial Parcel Owner, including also its guests, tenants, invitees, licensees and agents and the operations of the Commercial Parcel in general);
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(b) No addition, alteration or improvement shall be built in such a manner as to alter, modify, impair, and/or otherwise affect the uniform exterior of the structures constructed upon the Luxury Building Property (including, without limitation, any windows and/or exterior lighting schemes); (c) No addition, alteration or improvement shall be built in such a manner as to alter, modify, impair, and/or otherwise affect any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) not their sole property or which operate on a Luxury Building-wide basis or which otherwise operate as part of an interdependent or integrated whole within all or any part of the Luxury Building beyond said Parcel and/or Condominium Unit (as applicable); (d) No addition, alteration or improvement shall be built in such a manner as to alter, modify, impair, and/or otherwise affect, any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) which may be integrated into or with, or interdependent with, any systems (including, without limitation, Life Safety, HVAC, utility, mechanical, electrical, telephonic, telecommunications (including also neutral host or distributed antenna and/or other wireless systems), plumbing and any other systems whatsoever) not their sole property or which operate on a Luxury Building-wide or Project-wide basis or which otherwise operate as part of an interdependent or integrated whole within all or any part of the Luxury Building or the Project beyond said Parcel and/or Condominium Unit (as applicable); (e) No addition, alteration or improvement shall be built in such a manner as to alter, modify, impair, and/or otherwise affect, the structural integrity of the Luxury Building, the Hotel Parcel, or any Structure; (f) No addition, alteration or improvement shall be built in such a manner as to violate any provisions of the Agreement whatsoever (including, without limitation, the provisions of Article 5 of the Agreement or this Exhibit H), or which may in any way impair or violate any rights of Developer or the Hotel Parcel Owner under the Agreement or this Exhibit H; (g) Staging for any addition, alteration or improvement including, without limitation, the location and storage of building materials, and the parking of construction vehicles and equipment, shall be limited to those areas within the Parcel or Condominium Unit (as the case may be) being altered, modified or changed, or in such other areas as the Hotel Parcel Owner designates in its sole and absolute discretion; (h) Unless otherwise specifically stated in the Agreement or this Exhibit H, the Person contracting for the performance of such work shall, at its sole cost and expense, promptly repair and restore (or cause promptly to be repaired and restored) to its prior condition all improvements damaged or destroyed in the performance of such work. If the same is not repaired and restored as required above, the Hotel Parcel Owner shall have the right (but not the obligation), in its sole and absolute discretion, to cause such damage or destruction to be repaired and restored at the sole cost and
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expense of such Person, and any costs of the Hotel Parcel Owner relative thereto may be assessed as Assessments under Article 12 of the Agreement; (i) No liens shall be permitted to stand against any Condominium Unit, the Condominium Parcel, the Hotel Parcel, the Commercial Parcel, the Luxury Building (or any portion thereof), the Luxury Building Property (or any portion thereof) or the Project (or any portion thereof) for any work done or materials furnished in connection with the performance of any addition, alteration or improvement as provided in Section 5.9 of the Agreement or this Exhibit H; provided, however, that the Person contracting for the performance of such work may contest the validity of any such lien, but upon a final determination of the validity thereof, said Person shall cause the lien to be satisfied and released of record in the public records of the County. The Person contracting for the performance of such work shall, within thirty (30) days after receipt of written notice from the Hotel Parcel Owner, the Commercial Parcel Owner, and/or the owner of any portion of the Luxury Building and/or the Luxury Building Property and/or the Project, as the case may be, cause any such outstanding lien or claim of lien to be released of record (in the public records of the County) or transferred to bond in accordance with applicable law, failing which the Hotel Parcel Owner shall have the right, but not the obligation, at the sole cost and expense of the Person contracting for the performance of such work, to transfer said lien to bond. Notwithstanding anything in the Agreement or this Exhibit H to the contrary, the Hotel Parcel Owner, the Commercial Parcel Owner, and/or the owner of any portion of the Luxury Building and/or the Luxury Building Property and/or the Project, as the case may be, may cause there to be posted (in accordance with Nevada law), including without limitation at the site of the work, notice(s) of nonresponsibility relative to said work; (j) The Person contracting for the performance of such work shall pay all costs the Hotel Parcel Owner incurs in reviewing any of the proposed changes, including, without limitation, all costs of architects, engineers or other professionals the Hotel Parcel Owner retains to assist in its review. If said Person does not timely pay these costs, the costs may be deemed a special Assessment (as discussed in Section 12.2 of the Agreement); (k) All installations, additions, alterations or improvements shall be made in compliance with all applicable laws, rules, ordinances and regulations of all governmental authorities, may be made only once all required permits have been obtained and must be in compliance with any conditions imposed by the Hotel Parcel Owner with respect to design, structural integrity, sound attenuation, water-proofing, construction details, lien protection or otherwise; (l) The Person contracting for the performance of such work shall defend and hold the Developer, the Hotel Parcel Owner, and the Hotel Operator (together with each of their officers, directors, employees, agents, servants, designees, attorneys, consultants, contractors and/or subcontractors), and all other Owners (including, without limitation, the Association and Condominium Unit Owners), harmless from, and indemnify them for, any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorneys’ fees and court costs at all trial and appellate levels), liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever, arising out of or in any way connected with the performance of such work, unless caused by the negligent or willful act or omission of the indemnified Person, its tenants, subtenants, agents, contractors or employees. Further, each Person contracting for the performance of such work shall indemnify and hold Developer and the
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Hotel Parcel Owner (together with each of their officers, directors, employees, agents, servants, designees, attorneys, consultants, contractors and/or subcontractors) harmless from and against any and all costs, claims (whether rightfully or wrongfully asserted), damages, expenses or liabilities whatsoever (including, without limitation, reasonable attorneys’ fees and court costs at all trial and appellate levels), arising out of any review of plans as provided in this Exhibit H; (m) The Person contracting for the performance of such work shall be responsible for the maintenance and repair of any installations, additions, alterations or improvements, and for insurance thereto relating; and (n) The Hotel Parcel Owner shall have the right to stop any work that is not in compliance with the terms contained in Section 5.9 of the Agreement, this Exhibit H, or any rules of the Hotel Parcel Owner governing improvements by Owners. The Hotel Parcel Owner’s rights of review and approval of plans and other submissions under the Agreement and/or this Exhibit H are intended solely for the benefit of the Hotel Parcel Owner and its respective designees. Neither Developer, the Hotel Parcel Owner, nor any of their officers, directors, employees, agents, servants, designees, attorneys, consultants, contractors and/or subcontractors shall be liable to any Owner or any other Person by reason of mistake in judgment, failure to point out or correct deficiencies in any plans or other submissions, negligence, or any other misfeasance, malfeasance or nonfeasance, arising out of or in connection with the approval or disapproval of any plans or submissions. Anyone submitting plans as provided in this Exhibit H, by the submission of same, and any Owner, by acquiring title to (or control over) all or any portion of a Parcel, agrees not to seek damages or equitable relief from Developer or the Hotel Parcel Owner arising out of the review of any plans. Without limiting the generality of the foregoing, the Hotel Parcel Owner shall not be responsible for reviewing, nor shall its review of any plans be deemed approval of, any plans from the standpoint of structural safety, soundness, workmanship, materials, usefulness, conformity with building or other codes or industry standards, or compliance with governmental requirements. Neither Developer nor the Hotel Parcel Owner shall be responsible, or subject to any liability, for the refusal of any building department or any other governmental authority with jurisdiction to approve any proposed alterations or changes.
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Exhibit 3
Section from Owner Manual Concerning Alterations
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Alteration and Contractor Policies Review of Architectural Plans The CC&Rs and other Governing Documents require that all architectural and structural modifications of residences be approved by the Board and in certain cases by the Hotel Parcel Owner and the Resort Owner prior to the commencement of construction. Examples of work requiring such approval are plumbing, electrical and mechanical, the installation of hard flooring, the installation of any window covering, the removal and/or addition of walls within a residence, and any other work that requires a county building permit. Purely decorative work within residences, such as painting, does not require the approval of the Board. However, an insurance certificate for all contractors must be provided. Please keep in mind, a Unit Owner may only install window coverings as permitted and in accordance with the terms and conditions of the Governing Documents, including the Reciprocal Easement Agreement. No Unit Owner may make any alteration to the window coverings in a Unit which will cause the Unit’s appearance to differ materially from Units with the window coverings allowed pursuant to the Reciprocal Easement Agreement.
The plans for the proposed renovations and construction must be submitted to the Board, through its Management, in writing, along with any relevant drawings, specifications and work schedules. The Board typically utilizes an architect to review all plans submitted, and to assist in the approval process as well. Any expenses incurred in hiring an architect for this purpose is at the expense of the Unit Owner submitting the plans. Even though the Board undertakes a review, it is the Unit Owner’s responsibility to ensure that the plumbing, electrical, fire and building codes of Clark County are followed, that the plans are also in accordance with the Condominium Documents, that the proposed work will not affect the structural integrity of the building, and that there are plans for a floor underlayment material, which will adequately minimize the transmission of sound to the Unit(s) below, among other considerations.
Alterations, Additions and Remodeling of Unit
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Any alterations, additions or remodeling of a Unit must be done (a) in compliance with all applicable building codes and other applicable laws and regulations, (b) in compliance with the structural and design plans and standards of the Residences, and (c) to meet the noise-proof (field sound transmission class, or "FSTC") ratings established by the Governing Documents.
All requests to make any addition, alteration or other improvement to a Unit must be submitted to the Board, in writing. The Board has the right to (a) approve the contractor selected by the Unit Owner to perform the work; (b) restrict the times when the work may be performed; (c) require a security deposit; (d) review and approve all plans and specifications in advance; (e) impose a construction schedule and penalties, and (f) require a requesting Unit Owner to obtain comprehensive general liability insurance during such work in amounts required by the Board, and in favor of the Association. The Hotel Parcel Owner also retains similar rights of approval of any such application. The Unit Owner shall bear all costs of review and approval by the Board and the Hotel Parcel Owner.
All Unit Owners and their contractors shall observe all standards and limitations set forth in the Governing Documents and applicable laws regarding (i) weight limitations, (ii) work schedules, (iii duration of project, (iv) staging and storage of materials, (v) parking of construction employees' vehicles, (vi) repair and restoration of Residences Property upon completion, (vii) settlement of liens, and (viii) obtaining permits.
The owner of the unit being remodeled is required to defend and hold the Association, the Hotel Parcel Owner, and the Hotel Operator harmless from, and indemnify them for, any and all liabilities, claims, damages, expenses, liens, claims of lien, judgments, proceedings and causes of action of any kind whatsoever, arising out of or in any way connected with the performance of such work and/or arising out of any review of plans.
The Hotel Parcel Owner has the right to stop any work that is not in compliance with the terms of the Governing Documents. Neither the Association nor the Hotel Parcel Owner shall be subject to any liability for its refusal of any application submitted for any work on a Unit, or for the refusal of any building department or any other governmental authority of any such plans.
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All fees and expenses associated with the remodeling of a unit will be the responsibility of the unit’s owner.
Exterior Curtain Wall: Unit Owners/Residents may not drill, nail, or otherwise penetrate exterior curtain wall mullions, for any purpose. This is for your protection as penetration could result in severe damage.
Walls: No walls of any unit may be pierced by any type of nail, screw, drill bit, or other similar item in excess of ¾ inch in length without first obtaining the approval of the Board/Architectural Committee.
Columns and Sheer Walls: The structural columns and sheer walls in your home are steel-reinforced concrete. NO CORING, CUTTING, CHIPPING OR PENETRATION into the columns or sheer walls is allowed. Any of these actions can cause damage to the column and/or wall and compromise the structural integrity of the building.
Paints: All paints and coatings used on the interior of the building (inside weatherproofing layer) must comply with the following volatile organic compound (VOC) content limits:
Flats: 50g/L
Non-Flats: 150g/L
This requirement includes opaque paints and primers applied on the interior of the building. It does not regulate clear finishes, stains and lacquers.
Glues: All adhesives and sealants used on the interior of the building (inside weatherproofing layer) must comply with the following volatile organic compound (VOC) content limits:
Wood Glues: 30 g/L Metal to Metal Adhesives: 30 g/L 109
Adhesives for Porous Materials (Except Wood): 50 g/L Subfloor Adhesives: 50 g/L Plastic Foam Adhesives: 50 g/L Carpet Adhesives: 50 g/L Carpet Pad Adhesives: 50 g/L VCT and Asphalt Tile Adhesives: 50 g/L Cover Base Adhesives: 50 g/L Gypsum Board/Panel Adhesives: 50 g/L Rubber Floor Adhesives: 60 g/L Ceramic Tile Adhesives: 65 g/L Multipurpose Adhesives: 70 g/L Fiberglass Adhesives: 80 g/L Structural Glazing Adhesives: 100 g/L Wood Flooring Adhesive: 100 g/L Contact Adhesive: 250 g/L Plastic Cement Welding: 350 g/L ABS Welding Compounds: 400 g/L CPVC Welding Compounds: 490 g/L PVC Welding Compounds: 510 g/L Adhesive Primer for Plastic: 650 g/L Sealants: 250 g/L Sealant Primers for Nonporous Substrates: 250 g/L Sealant Primers for Porous Substrates: 775 g/L
Carpet: All carpet used on the interior of the building must comply with the requirements of the Carpet and Rug Institute’s Green Label program. Alternately, the products may comply with Section 01350 Section 9 of the requirements for the Collaborative for High Performance Schools (2004, www.chps.net). This alternate standard is more stringent but may be more accessible to certain manufacturers because it is supported by a broader range of testing laboratories.
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Lighting: We recommend installing lighting controls and lighting responsive sensors to conserve power when occupants are not present and as daylight levels change throughout the time of day and year. Consider using LED lighting and compact fluorescent lamps.
Wood: Any glued (composite) wood products, such as particle board, MDF, and laminates, must not contain any added Urea Formaldehyde (UF). Manufacturer cut sheets typically note if a product is free of added UF. The residential elements that are potentially constructed with composite wood include:
Kitchen/bathroom cabinets
Built-in casework
Countertops
Wall paneling
Flooring
Doors
Molding
This requirement does not apply to solid wood materials. For solid wood, we recommend selecting FSCcertified materials over other materials if the option is available and cost-competitive. FSC certified wood is not a requirement in the Condominium.
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Exhibit 4
Sections from Association Rules and Regulations Regarding Unit Alterations
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CityCenter Luxury Residences Unit Owners Association Rules and Regulations Regarding Owner Improvements
January 5, 2010
13. Alterations, Additions and Remodeling. Prior to commending any alteration or addition to a Unit, an Owner must comply with the procedures set forth in Article 9 of the Declaration and Exhibit H of the Reciprocal Easement Agreement and obtain all required approvals from the Board, the Hotel Parcel Owner and/or the Resort Owner. An Owner must also comply with all legal and permitting requirements as well as all approved plans and specifications. Alterations, additions and remodelling are subject to the fees, deposits and construction penalties set forth in the Association Fee Schedule as may be adopted by the Board from time to time.
14. HVAC; Electrical Equipment; Plumbing; Floor Load. No heat, ventilator or air conditioning device may be installed in any Unit without the prior written approval of The Association. "Window" air-conditioners of any kind are prohibited. No Owner may alter the Unit's plumbing, lighting or electrical systems without prior written consent from the Association. All radio, television or other electrical or electronic equipment of any kind installed or used in any Unit must comply with all legal requirements and recommendations of applicable fire, governmental and/or public authorities, and the Owner alone shall be liable for any damage or injury caused by any of them in the Unit. Toilets and other water apparatus in a Unit and elsewhere in the Condominium must not be used for any purpose other than those for which they were designed, and specifically may not be used for disposal of sweepings, construction debris, trash, rags or any other articles. Any damage resulting from such misuse must be repaired and paid for by the Owner of the Unit. All Owners shall observe all load capacities and distribution requirements set forth in the Governing Documents when installing or placing any item or items in a Unit.
17. Keys; Alarm Systems. The Association maintains a pass-key to each Unit. No lock may be altered or installed without the prior approval of the Association. If the Owner has not furnished a key to the Association, then the Association or its agent may forcibly enter such Unit without liability for damages or trespass, and all related costs shall be at the Owner’s expense. Owners shall not install any burglar or other alarms in the Residences without the prior written consent of the Association. All locking mechanisms visible from the residences corridors must be in keeping with the HOA specified finishes and cannot be altered.
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Exhibit 5
Rules and Regulations Regarding Installation on Window Coverings
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The Residences at Mandarin Oriental, Las Vegas Amended and Restated Rule Regarding Window Coverings May 10, 2010
IMPORTANT NOTICE TO OWNER: All terms not otherwise defined herein shall have the meanings ascribed to such terms in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements (the “Declaration�). Any provision of the Controlling Documents which is inconsistent with anything herein contained shall supersede and control such inconsistent provision of this document. Accordingly, each Owner and resident is encouraged to refer to the Controlling Documents, as well as applicable local, county, municipal and state laws and ordinances for a more formal and comprehensive explanation of the rights and responsibilities of all parties subject thereto.
These Rules and Regulations are enacted by the Board with respect to ensure the safety and security of the Condominium and its residents and guests, and to preserve and maintain the rights of Owners and Guests and the luxury standard of the Condominium. In additional to the restrictions set forth below and in your Controlling Documents, the Board may, from time to time, adopt, amend and enforce additional Rules and Regulations relating to the governance of the Condominium and the use of the Common Elements and Units. The Manager is authorized to perform the obligations of, and exercise the enforcement rights of, the Association with respect to these Rules and Regulations, subject to the oversight of the Board. All of the Condominium Property shall be held, used and enjoyed subject to the limitations and restrictions summarized herein.
Rule 10 of the Rules and Regulations adopted by the Board as of January 5, 2010 is hereby amended and restated to read as follows:
10. Window Coverings. Owners must comply with the following rules concerning window coverings for Units:
10. Any and all window coverings must not cause a Unit’s appearance to vary materially from Units with the window coverings allowed pursuant to the Declaration and other controlling documents. All window coverings, shades and decorative applications must be approved by the Hotel Parcel Owner and Resort Owner prior to installation. Any window coverings installed without such prior approval must be immediately removed by an Owner upon request. 11. Window shades as originally installed in a Unit may not be altered unless the Owner has received approval from the Resort Owner (original specification: MechoShades; ThermoVeil; Vertical 115
Twill Weave; Color 3611 and 2-3% openness). Any alternative window shades must be hung horizontally and must have the appearance of a flat shade. All shades must be installed in accordance with approved drawings and specifications.
12. Other window covering systems shall be compliant with a horizontal hung installation method with motorized or manual operational movement vertically as approved. Consideration shall be given for vertically installed systems (sheer and/or drapery fabric) on a case by case basis, however, any proposal must include neutral color palette for sheer and external surface color compliance with the black-out material as specified herein. 13.
Under no circumstances may any window covering be attached to the curtain wall of the
building.
14. The color of all window coverings facing the exterior of the building must be neutral offwhite in a shade matching the specification published by MechoShades of 3611 (off white). Samples of acceptable specifications may be obtained from the Association Manager. 15. All decorative material must have black-out shade fabric provided on the exterior facing surface so that decorative fabric is not visible from the exterior of the building. Black-out material specification must be approved by the Resort Owner prior to installation. Samples of acceptable specifications may be obtained from the Association Manager. 16.
There may be no valances visible from the exterior of the building.
17.
No aluminum foil may be placed in any window or glass door of a Unit, and no reflecting substance may be placed on any glass in a Unit except a substance previously approved by the Resort Owner in writing. No tint or other similar film may be installed on any window.
18.
No bed sheets, papers, or the like may be applied to windows at any time. The Owner of a Unit is responsible for the care and maintenance of window coverings. Curtains, drapes, shutters, blinds and other window materials must be kept in good condition. Owners must replace shabby and torn materials exposed to the exterior.
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Exhibit 6
Section from Owner Manual Concerning Rules and Regulations for Contractors and Vendors
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THE RESIDENCES AT MANDARIN ORIENTAL, LAS VEGAS RULES AND REGULATIONS FOR CONTRACTORS AND VENDORS
Contractors must contact the Director of Residences or Concierge to reserve the Loading Dock for any and all deliveries, move-ins or move-outs. Please note that these Rules and Regulations are subject to change.
Deliveries Deliveries are allowed between the hours of 9:00AM – 5:00PM, Monday through Friday. Please note that if a residential delivery will be longer than 20 minutes, it must be scheduled with the Director of Residences or Concierge and the appropriate service elevator must be reserved. These deliveries, moveins and move-outs should be scheduled between the hours of 9:00AM - 5:00PM. We kindly ask that all move-ins and move-outs begin no later than 1:00 PM. For large deliveries, the Management Office of the Residences must be notified in advance in order to have the appropriate service elevator padded.
Dock Procedures and Truck Information
All vehicles will be subject to search prior to entering the Loading Dock.
Trailers up to 53’ can be accommodated
Box trucks up to 48’ can be accommodated
Work Hours The Loading Dock is open to contractors, Monday – Friday, 9:00am – 5:00pm, with the exception of holidays. The hours when low-level construction noise is allowed are Monday – Friday, 9:00am – 5:00pm, with the exception of major holidays as well. Plans for high-level construction noise must be approved at least 10 days in advance by the Director of Residences.
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Residential Service Elevator hours: 9:00AM – 5:00PM Monday through Friday. There is no access on holidays, unless pre-approved, in writing, by the Director of Residences. Contractor access to residential space: 9:00AM – 5:00PM Monday through Friday. There is no access on weekends or holidays, unless pre-approved, in writing, by the Director of Residences.
Scheduling Unit Owners must schedule their move-in at least two weeks in advance with either the Director or Manger or Residences, and are subject to availability of time slots. However, the loading dock and service elevators can be reserved and confirmed 72 hours in advance of your move-in/delivery date.
Deposits and Fees The Association will assess a one-time fee for move-in and require Unit Owners to provide a refundable security deposits to cover any potential damage to the Association’s common areas as set forth in Appendix Two. Move-in fee may be waived for first time buyers. Each Unit Owner will be accompanied by a member of the Residences Management staff on a “pre” and “post” move-in inspection of the areas to be traveled during the move-in, to ensure a full return of their deposit.
Deliveries to the Loading Dock In order to ensure your preferred delivery time and date, 72 hours advance notice is required to be provided to the Residential Management office. Should you receive an unanticipated delivery, acceptance may be arranged depending on the availability of the other residential scheduled deliveries and move-ins or move-outs. Loading dock hours are Monday through Saturday, 8:00 am to 5:00 pm. Please remember to provide the required certificate of insurance for the company performing your delivery, tradesperson, contractor, and/or vendor, in advance, to the Residential Management office. All moves are executed through the Loading Dock. The Loading Dock is accessible via Frank Sinatra Drive. Further directions may be obtained from the Director of Residences.
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Loading/Unloading No contractor deliveries or materials may be stored at the Loading Dock or left in any common areas. Vehicles may not be “parked” or staged at the Loading Dock. All items brought in from commercial or service vehicles must be brought in through the Loading Dock. There will be no move-ins or deliveries through the main lobby entrance. Items from a personal vehicle that can be carried are acceptable.
Clearances and Dimensions: Service Elevator Door Opening:
4’-0 x 8’0 High
Service Elevator Interior Cab:
5’8” Wide x 8’1” Deep
Service Elevator Capacity:
4,500 lbs
All Residential Entry Doors:
8’ High X 3’ 6” Wide
Please note: contractors and all trades people must enter and exit the building by the Loading Dock only. The Mandarin Oriental Residential Lobby and the Mandarin Oriental Hotel Lobby are strictly off-limits to all contractors and trades people. Contractors and trades people are to use the appropriate service elevators which are accessible via the loading dock.
Insurance Requirements – Contractors and Vendors Contractors: Contractors, including sub-contractors and vendors hired to do smaller jobs, are required to provide to the Director or Manager of Residences, prior to commencement of any project, a Certificate of Insurance in the form with the coverages and additional insureds as indicated on the Attached Sample Certificate of Insurance.
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The insurance shall include as additional insured for the dates the contractor is on the premises:
CityCenter Luxury Residences Unit Owners Association.
Mandarin Oriental Management (USA), Inc.
CityCenter Boutique Residential Development, LLC
Residences at Mandarin Oriental Management (Las Vegas), LLC
CityCenter Boutique Hotel Holdings, LLC
ARIA Resort and Casino Holdings, LLC
The Unit Owner
All insurance listed must also cover any and all subcontractors of contractors. If not covered, then each subcontractor must provide the Association a certificate of insurance providing proof of the above insurances.
The description of location on the certificate of insurance MUST reference “The Residences at Mandarin Oriental, Las Vegas.” The certificate(s) can be faxed to the Director or Manager of Residences, fax number (702)590-8880.
Construction Noise All construction (except carpet installation, wall covering, and painting) requires formal approval prior to commencement of work. High level noise, such as coring, drilling, cutting, piercing or use of loud machinery, must be scheduled, in advance with the Director or Manager of Residences at least ten (10) days prior to commencement. Low level noise is permitted between 9:00 AM – 5:00 PM, Monday through Friday only. Inquiries should be directed to the Director or Manager of Residences. Any work involving connection to active base building systems, such as fire protection, must be coordinated, in advance, with the Director or Manager of Residences and the Chief Engineer.
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Security
All contractors/trades people must enter and exit the building via the Loading Dock only.
Contractors must provide to the Security Department, 24 hours in advance, a list of the names of all workers to be allowed onto the premises.
All contractors/trades people must present a state-issued photo ID to be cross-checked with the list provided. Once verified, all contractors and workers must sign in at the Security Department and obtain a visitor badge which must be visibly worn at all times while on property.
Security badges must be turned-in to the Security Department upon completion of each day’s work.
Workers who do not have a photo ID will not be allowed on the premises.
Clean Up/Waste Removal Contractors and all workers are responsible for the removal of any trash from the property generated by their work. When removing materials from the job site, contractors are to remove all their tools, trash, construction debris, and materials via the Loading Dock. Contractor trash is not to be dumped on site such as in trash rooms, service elevators, residential trash chutes or the Loading Dock. In the event a contractor or worker leaves trash on site, or is found to have deposited same in the residential trash chutes, the cost of removal will be billed to the hiring homeowner.
Common Areas Common areas, including the corridors, carpet, and elevators, must be properly protected at all times. Wood boards and/or Visqueen Megafilm® shall be used to protect the corridor and common area flooring. All common areas are presumed to be in pristine condition prior to commencement
of any work, unless otherwise noted by the contractor in writing and submitted to the Director or Manager of Residences. The common areas must remain in pristine condition before, during, and after the course of the work. The contractor will be liable and responsible for any and all damage to the common area resulting from their work, workers, materials, or equipment. Any damage must be reported to the Director or Manager of Residences immediately. In the event there is
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damage to the common areas by a contractor or worker, the cost to repair the damage will be billed to the hiring homeowner.
Obstruction of the common areas and facilities is strictly prohibited. Nothing shall be stored in the common areas or facilities without prior consent of the Director or Manager of Residences or the Board.
Odors/HVAC When work is done in a unit which creates any type of odor, all doors to the unit must be kept closed to minimize the odor traveling to other units and to the common areas. Additionally, the HVAC system within the unit should be turned off and covered during the work as dust, debris, and paint/varnish fumes can collect inside heating/air conditioning units, migration of fumes and/or causing mechanical failure. Additionally, all smoke heads and smoke devices must be properly covered during working hours and covering to be removed at the end of each work day.
Health and Safety
Contractors and workers shall perform their work safely by following the requirements of OSHA, state and federal standards, hotel safety rules, and the contractors’ own health and safety program.
The contractor must submit a list of all chemicals or hazardous materials brought onto the premises. These chemicals or hazardous materials must be accompanied by a Material Safety Data Sheet (MSDS). All chemicals or hazardous materials brought onto the premises must be appropriately labeled.
Personal protective equipment must always be used.
Any injuries/accidents which occur must be reported to security immediately.
Keep fire exits, extinguishers, and alarms clear of obstructions at all times.
Any and all unsafe conditions or hazards encountered during performance of work must be reported to security as soon as possible.
Emergency Procedures 123
Contractors and vendors should note the locations of the nearest emergency exits, fire alarms, and extinguishers. In the event of a fire alarm, all individuals should follow the instructions over the public address system, or proceed in an orderly fashion to the nearest emergency exit. If an extinguisher is used, security must be notified immediately.
Contractors’ Rules of Conduct 1.
All contractors and workers are to conduct themselves in a professional manner. Attire must be neat, clean, and in good repair. Shirts must be tucked in and only the collar button may be left undone. Hair must be clean, neat and groomed. Men must either be clean-shaven or have neatly groomed beards.
2.
No food or beverages are permitted in the work areas.
3.
No loud music is permitted to be played.
4.
No alcoholic beverages, illegal drugs, narcotics or weapons are permitted on hotel/condominium property.
5.
No smoking is allowed inside of the building. Smoking is only permitted in the areas outside the building designated for hotel/condominium colleagues.
6.
Public restrooms in the building may not be used. All residential areas of the Condominium are off-limits.
7.
Abusive language or swearing will not be tolerated.
8.
Friends, children or family members of contractors are not permitted in the building.
9.
Our residents, guests and colleagues are promised an atmosphere that is free of conflict, discrimination, harassment and undue interference or intrusion. While on hotel/condominium property, it is expected that all contractors and workers will abide by these principles.
10.
The Association reserves the right to have uncooperative workers removed from the jobsite with no penalty to Association or the contracted resident.
For your convenience, a map of the property identifying the Loading Dock ingress and egress will be provided to you upon request.
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Exhibit 7
Form of Contractor Insurance Certificate
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XI Miscellaneous Residences For information on purchasing a unit at The Residences at Mandarin Oriental, Las Vegas, please contact the CityCenter Residential Sales Center directly at (702) 590-5999 to arrange a tour.
LEED Developed by the U.S. Green Building Council, L.E.E.D. (Leadership in Energy and Environmental Design) is an internationally recognized green building certification system. CityCenter and Mandarin Oriental, Las Vegas is proud to be Gold LEED certified. CityCenter, an extraordinary urban resort destination, was created with a vision to bring a new level of environmental consciousness to the world-famous Strip. Environmental sustainability, or “going green,” is about conserving today to protect tomorrow. CityCenter reflects a vision of the future that combines a healthy quality of life with a commitment to sustainable design. Eight award-winning architects have engineered a “city within a city,” where residents and visitors can live, work and play. This vibrant community transforms expectations, providing a remarkable demonstration that a community can be both beautiful and sustainable for today and for future generations. The CityCenter team set a standard for responsible growth in Las Vegas by pursuing the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED ®) certification.
LEED is the nationally accepted benchmark for design, construction and
operations of high-performance green buildings. CityCenter aims to be one of the world’s largest environmentally sustainable developments to achieve LEED certification. 126
Sale of Condominium Units Please contact the Residential Management Offices regarding all inquiries regarding the purchase or resale of units within The Residences at Mandarin Oriental, Las Vegas.
Residences Unit Re-Sales Policy No signs or advertising for re-sales or leasing of units may be placed on the Common Elements or in a window of a unit. Unit Owners wishing to hold open houses for their homes must schedule and register the open house with the Residential Management Offices. Outside guests and visitors are required in advance to register with the Director or Manager of Residences as well as to be accompanied and escorted by the Unit Owner or their registered representative of the unit at all times.
Leasing Policy
The Association shall charge a fee of $100 for processing a lease application.
Any lease must be for the entire Unit, and not a portion thereof.
The leasing of a unit must be for single family residential purposes.
All Condominium Fees for the unit must be current.
All leases must be APPROVED by the board (which approval shall not be unreasonably withheld).
Tenant shall be required to return to the Director of Residences or the Residential Manager a signed acknowledgement of receipt and understanding of the Association’s Governing Documents and the Rules and Regulations.
In addition, the Lessee shall be responsible for setting up his/her own Incidental Charges account.
For further information on setting up this account, the Lessee should contact the
Association’s Residential Accountant at (702) 590-5034.
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Lost and Found If you have lost an item within the Hotel or the Residences, please contact your Residential Concierge to inquire if the item was found.
Pets Pets are not permitted on the Hotel Property or Public Areas with exceptions made only for those in need of medical assistance. Please refer to the Pet section in this directory for a full list of details regarding the care and facilities use for your pets. The Association permits each Unit to have a total of two pets (dogs, cats, and birds) or aquarium fish per unit. Each Unit may have no more than two (2) pets with an aggregate weight, at maturity, not to exceed eighty (80) pounds. For the safety and comfort of all residents, all pets must be leashed – maximum length of six (6) feet so as to provide reasonable control of the pet or carried when they are in the common areas. Please remember that you are responsible for cleaning up after your pet. Finally, if you walk your dog or cat on a long leash, please be especially careful around the elevators. If a leashed pet were to enter the elevator too far ahead of the resident, the elevator doors could close on the leash and injury to the pet could result if the elevator were to go in motion.
Dog Park The most convenient area to walk dogs is the Dog Park area located at southeast corner of the property, adjacent to Amore Pâtisserie. As specified in the Rules and Regulations, a Pet Approval Form for each pet, with the name and Unit number of the pet owner, shall be delivered to the Director or Manager of Residences as a condition precedent to the entry of such pet into the Condominium. All pets shall be licensed and vaccinated as required by law. The required Pet Approval Form is found in Administrative Matters of this manual. For a more formal and comprehensive explanation of the rules governing pets, please refer to the Governing Documents provided to you at the time of closing, in particular, Section 10.9 of the CC&Rs.
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Smoking in the Common Areas Mandarin Oriental, Las Vegas is a non-smoking property and follows a strict non-smoking policy, in accordance with our LEED environmental design. Smoking areas are available outside of the building. Non-smoking policies apply to all areas of the Hotel and all Common Elements. The Association shall have a right of entry in and upon the Common Elements and the Units for the purposes of maintaining and inspecting the Residences Property and taking whatever action may be deemed necessary or proper by the Board consistent with the Declaration of Condominium. However, such entry upon the interior of the Units shall be made, except to effect emergency repairs or other emergency measures (which may be performed without notice), only after three (3) days’ prior written notice to the owner of such unit. In case of an emergency, such right of entry by or on behalf of the Association shall be immediate. The owner and/or operator of the Life Safety Systems shall further have a right of entry in and upon the Common Elements and each unit to maintain, repair, inspect and test Life Safety Systems; provided, however, that such right of entry, except in the case of an emergency, shall be made on not less than one (1) day’s prior notice to the Unit Owner. In case of an emergency, however, such right of entry shall be immediate. For a more formal and comprehensive explanation of the rules governing the foregoing, please refer to the Governing Documents provided to you at the time of closing, in particular, Sections 4.4 of the CC&Rs.
Rules and Regulations Please refer to Appendix Four for additional rules and regulations governing the Condominium.
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XII Appendices
Appendix One:
Rules and Regulations for Contractors and Vendors
Appendix Two:
Charges and Fees
Appendix Three:
Insurance Summary as Related to The Residences at Mandarin Oriental, Las Vegas
Appendix Four:
The Residences at Mandarin Oriental, Las Vegas Rules and Regulations
Appendix Five:
Association Collection Policy
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Appendix One THE RESIDENCES AT MANDARIN ORIENTAL, LAS VEGAS RULES AND REGULATIONS FOR CONTRACTORS AND VENDORS Contractors must contact the Director of Residences or Concierge to reserve the Loading Dock for any and all deliveries, move-ins or move-outs. Please note that these Rules and Regulations are subject to change.
Deliveries Deliveries are allowed between the hours of 9:00AM – 5:00PM, Monday through Friday. Please note that if a residential delivery will be longer than 20 minutes, it must be scheduled with the Director of Residences or Concierge and the appropriate service elevator must be reserved. These deliveries, move-ins and move-outs should be scheduled between the hours of 9:00AM 5:00PM. We kindly ask that all move-ins and move-outs begin no later than 1:00 PM. For large deliveries, the Management Office of the Residences must be notified in advance in order to have the appropriate service elevator padded.
Dock Procedures and Truck Information
All vehicles will be subject to search prior to entering the Loading Dock.
Trailers up to 53’ can be accommodated
Box trucks up to 48’ can be accommodated
Work Hours The Loading Dock is open to contractors, Monday – Friday, 9:00am – 5:00pm, with the exception of holidays. The hours when low-level construction noise is allowed are Monday – Friday, 9:00am – 5:00pm, with the exception of major holidays as well. Plans for high-level construction noise must be approved at least 10 days in advance by the Director of Residences.
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Residential Service Elevator hours: 9:00AM – 5:00PM Monday through Friday. There is no access on holidays, unless pre-approved, in writing, by the Director of Residences. Contractor access to residential space: 9:00AM – 5:00PM Monday through Friday. There is no access on weekends or holidays, unless pre-approved, in writing, by the Director of Residences.
Scheduling Unit Owners must schedule their move-in at least two weeks in advance with either the Director or Manager of Residences, and are subject to availability of time slots. However, the loading dock and service elevators can be reserved and confirmed 72 hours in advance of your movein/delivery date.
Deposits and Fees The Association will assess a one-time fee for move-in and require Unit Owners to provide a refundable security deposit to cover any potential damage to the Association’s common areas as set forth in Appendix Two. Move-in fee may be waived for first time buyers. Each Unit Owner will be accompanied by a member of the Residences Management staff on a “pre” and “post” move-in inspection of the areas to be traveled during the move-in, to ensure a full return of their deposit.
Deliveries to the Loading Dock In order to ensure your preferred delivery time and date, 72 hours advance notice is required to be provided to the Residential Management office.
Should you receive an unanticipated
delivery, acceptance may be arranged depending on the availability of the other residential scheduled deliveries and move-ins or move-outs. Loading dock hours are Monday through Saturday, 8:00 am to 5:00 pm. Please remember to provide the required certificate of insurance for the company performing your delivery, tradesperson, contractor, and/or vendor, in advance, to the Residential Management office. All moves are executed through the Loading Dock. The Loading Dock is accessible via Frank Sinatra Drive. Further directions may be obtained from the Director of Residences. 132
Loading/Unloading No contractor deliveries or materials may be stored at the Loading Dock or left in any common areas. Vehicles may not be “parked” or staged at the Loading Dock. All items brought in from commercial or service vehicles must be brought in through the Loading Dock. There will be no move-ins or deliveries through the main lobby entrance. Items from a personal vehicle that can be carried are acceptable.
Clearances and Dimensions: Service Elevator Door Opening:
4’-0 x 8’0 High
Service Elevator Interior Cab:
5’8” Wide x 8’1” Deep
Service Elevator Capacity:
4,500 lbs
All Residential Entry Doors:
8’ High X 3’ 6” Wide
Please note: contractors and all trades people must enter and exit the building by the Loading Dock only. The Mandarin Oriental Residential Lobby and the Mandarin Oriental Hotel Lobby are strictly off-limits to all contractors and trades people. Contractors and trades people are to use the appropriate service elevators which are accessible via the loading dock.
Insurance Requirements – Contractors and Vendors Contractors: Contractors, including sub-contractors and vendors hired to do smaller jobs or deliveries are required to provide to the Director or Manager of Residences, prior to commencement of any project, a Certificate of Insurance in the form with the coverages and additional insureds as indicated on the Attached Sample Certificate of Insurance.
The additional insureds must also include their directors, officers, representatives, agents and employees, including all subsidiaries, affiliates and allied companies, corporations or entities owned or controlled, now in existence.
Coverage provided under the above policies shall be Primary and Non-Contributory to any policies maintained by the Additional Insureds. 133
All insurance listed must also cover any and all subcontractors of contractors. If not covered, then each subcontractor must provide the Association a certificate of insurance providing proof of the above insurances. A waiver of subrogation in favor of the additional insureds shall apply to the policies. A copy of the certificate evidencing the policy must be furnished to the Association. (Please see the sample certificate attached for your reference.) The description of location on the certificate of insurance MUST reference “The Residences at Mandarin Oriental, Las Vegas.” The certificate(s) can be faxed to the Director or Manager of Residences, fax number (702)590-8880.
Construction Noise All construction (except carpet installation, wall covering, and painting) requires formal approval prior to commencement of work. High level noise, such as coring, drilling, cutting, piercing or use of loud machinery, must be scheduled, in advance with the Director or Manager of Residences at least ten (10) days prior to commencement. Low level noise is permitted between 9:00 AM – 5:00 PM, Monday through Friday only. Inquiries should be directed to the Director or Manager of Residences. Any work involving connection to active base building systems, such as fire protection, must be coordinated, in advance, with the Director or Manager of Residences and the Chief Engineer.
Security
All contractors/trades people must enter and exit the building via the Loading Dock only.
Contractors must provide to the Security Department, 24 hours in advance, a list of the names of all workers to be allowed onto the premises.
All contractors/trades people must present a state-issued photo ID to be cross-checked with the list provided. Once verified, all contractors and workers must sign in at the
134
Security Department and obtain a visitor badge which must be visibly worn at all times while on property.
Security badges must be turned-in to the Security Department upon completion of each day’s work.
Workers who do not have a photo ID will not be allowed on the premises.
Clean Up/Waste Removal Contractors and all workers are responsible for the removal of any trash from the property generated by their work. When removing materials from the job site, contractors are to remove all their tools, trash, construction debris, and materials via the Loading Dock. Contractor trash is not to be dumped on site such as in trash rooms, service elevators, residential trash chutes or the Loading Dock. In the event a contractor or worker leaves trash on site, or is found to have deposited same in the residential trash chutes, the cost of removal will be billed to the hiring homeowner.
Common Areas Common areas, including the corridors, carpet, and elevators, must be properly protected at all times. Wood boards and/or Visqueen Megafilm® shall be used to protect the corridor and common area flooring. All common areas are presumed to be in pristine condition prior to commencement of any work, unless otherwise noted by the contractor in writing and submitted to the Director or Manager of Residences. The common areas must remain in pristine condition before, during, and after the course of the work. The contractor will be liable and responsible for any and all damage to the common area resulting from their work, workers, materials, or equipment. Any damage must be reported to the Director or Manager of Residences immediately. In the event there is damage to the common areas by a contractor or worker, the cost to repair the damage will be billed to the hiring homeowner. Obstruction of the common areas and facilities is strictly prohibited. Nothing shall be stored in the common areas or facilities without prior consent of the Director or Manager of Residences or the Board. 135
Odors/HVAC When work is done in a unit which creates any type of odor, all doors to the unit must be kept closed to minimize the odor traveling to other units and to the common areas. Additionally, the HVAC system within the unit should be turned off and covered during the work as dust, debris, and paint/varnish fumes can collect inside heating/air conditioning units, migration of fumes and/or causing mechanical failure. Additionally, all smoke heads and smoke devices must be properly covered during working hours and covering to be removed at the end of each work day.
Health and Safety
Contractors and workers shall perform their work safely by following the requirements of OSHA, state and federal standards, hotel safety rules, and the contractors’ own health and safety program.
The contractor must submit a list of all chemicals or hazardous materials brought onto the premises. These chemicals or hazardous materials must be accompanied by a Material Safety Data Sheet (MSDS). All chemicals or hazardous materials brought onto the premises must be appropriately labeled.
Personal protective equipment must always be used.
Any injuries/accidents which occur must be reported to security immediately.
Keep fire exits, extinguishers, and alarms clear of obstructions at all times.
Any and all unsafe conditions or hazards encountered during performance of work must be reported to security as soon as possible.
Emergency Procedures Contractors and vendors should note the locations of the nearest emergency exits, fire alarms, and extinguishers. In the event of a fire alarm, all individuals should follow the instructions over the public address system, or proceed in an orderly fashion to the nearest emergency exit. If an extinguisher is used, security must be notified immediately.
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Contractors’ Rules of Conduct 11.
All contractors and workers are to conduct themselves in a professional manner. Attire must be neat, clean, and in good repair. Shirts must be tucked in and only the collar button may be left undone. Hair must be clean, neat and groomed. Men must either be clean-shaven or have neatly groomed beards.
12.
No food or beverages are permitted in the work areas.
13.
No loud music is permitted to be played.
14.
No alcoholic beverages, illegal drugs, narcotics or weapons are permitted on hotel/condominium property.
15.
No smoking is allowed inside of the building. Smoking is only permitted in the areas outside the building designated for hotel/condominium colleagues.
16.
Public restrooms in the building may not be used. All residential areas of the Condominium are off-limits.
17.
Abusive language or swearing will not be tolerated.
18.
Friends, children or family members of contractors are not permitted in the building.
19.
Our residents, guests and colleagues are promised an atmosphere that is free of conflict, discrimination, harassment and undue interference or intrusion. While on hotel/condominium property, it is expected that all contractors and workers will abide by these principles.
20.
The Association reserves the right to have uncooperative workers removed from the jobsite with no penalty to Association or the contracted resident.
For your convenience, a map of the property identifying the Loading Dock ingress and egress will be provided to you upon request.
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138
Appendix Two Schedule of Charges and Fees All fees, costs and/or deposits must be made payable to the CityCenter Luxury Residences Unit Owners Association in the form of a check or money order; cash or credit cards are not accepted. Refundable deposits will be held in a separate “bank deposit” account for the Association; fees or costs will be immediately deposited into the Association's operating account. Any returned check for NSF will result in a $40.00 penalty fee in addition to any fee or cost levied by the Association's banking institution or the issuer's banking institution.
Residential Homeowner Association Related Fees Association Document Resale Package and Certificate
$160.00
Move In/Out (Refundable) deposit
$500.00
Refundable Move fee: Not to exceed one month’s assessments fee paid for the Unit, or $1,500.00, whichever is less. Penalty for move or delivery not in compliance with Association policy
$100.00
Tenant Registration, Lease Application and Orientation Fee
$0.00
Board/Architectural Review Application There are four levels of improvement with applicable fees and deposit fees dependent on the scope of work. Pre-Approved Minor Improvements:
$0
(as determined in the Board’s discretion) Minor Improvements:
$50 to $250 with up to $500 refundable deposit
(as determined in the Board’s discretion) 139
Moderate Improvements:
$250 to $1,000 with up to $2,500 refundable deposit
(as determined in the Board’s discretion) Major Improvements:
$1,000 to $5,000 with up to $5,000 refundable
(as determined in the Board’s discretion) Construction Penalties:
Amount not greater than $50,000 or other amount as agreed to between the Association and an Owner
Keys and Fobs Replacement (lost or stolen) Fobs
$25.00/per fob
Additional Fob
$25.00
Unit Door Lock Key duplication
$65.00
Re-Key Unit Door Key
$125.00
Replacement of Residential Valet Door
$125.00
Replacement of Mailbox Keys
Complimentary
Replacement Dog Park Key
Complimentary
Preventive Maintenance Plumbing Line Maintenance: $25.00 per month, or at a cost of $25 per request Preventive Maintenance Program: $50-100 per month, based on number of fan coils in each unit A-la-carte engineering service requests: $50.00 per hour, plus the cost of any materials used
Private Functions Board Room (Refundable) Deposit
$300.00
Usage fee (max 12 persons; not to exceed 4 hrs.)
$50.00
Board Room may be reserved in 2 hour increments at a cost of $50.00 per reservation. Each resident receives two free reservations per calendar year.
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Assessments Late Assessment Fee
$25.00 per month
The assessment not paid within 30 days will be charged interest at prime plus 2% or other amount as allowed by law.
Fines Returned Checks
$40.00
Hazardous Activities
Up to $1,000.00
Use Restrictions
Up to $100.00
Vehicle and Parking Restrictions
Up to $100.00
Unauthorized Improvements to Property
Up to $100.00
Other Violations of the Governing Documents
Up to $100.00
Collection Costs on Unpaid Fines and Delinquent Assessments
As permitted by
statute measurable cost of collection, plus attorney fees *Limit expressed above for fines not applicable if imposed pursuant to a “continuing violation� in accordance with NRS 116.31.1031. *This list is not exhaustive and may be changed by the Board in compliance with the Governing Documents.
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Appendix Three Insurance Summary as Related to The Residences at Mandarin Oriental, Las Vegas Insurance Each Unit Owner must provide the Association with a Certificate of Insurance evidencing the insurance coverage required by the CC&Rs. A form of this certificate is included in this Appendix Three.
The Association will maintain property insurance for the building as addressed in Section 12.2 of the CC&Rs. The property insurance in place for the Condominium will cover the Common Elements. This does not include any furniture, furnishings, fixtures, appliances, carpeting, ceiling coverings, drapes or other personal property of the residential Unit Owners, or improvements and betterments (such as improvements made by a residential Unit Owner after the initial conveyance of a Unit) within a Unit (other than as set forth in Section 12.2 of the Declaration).
In the event a Unit Owner makes a claim under the Association’s policy of insurance for which the Unit Owner also maintains coverage, the Unit Owner shall be responsible for the deductible for the Association’s policy.
Nothing shall be done or kept in any Residence which would increase the rate of insurance for the Common Elements or the building or any contents of any of the foregoing, without the prior written consent of the Association. No Unit Owner shall permit anything to be done or kept in his or her Residence which will result in the cancellation of insurance for the Common Elements or the building, or which would be in violation of any legal requirement. 142
Required Owner’s Insurance Policies In accordance with the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Residences at Mandarin Oriental, each residential Unit Owner shall be solely responsible for insuring the contents of such owner’s unit, for the full replacement value, covering the unit, the appliances, fixtures, furniture, wall coverings, floor coverings, furnishings, as well as any improvements, betterments and additions made to the unit by such Unit Owner and from the date of original sale / transfer by any unit owner. Unit Owner’s property insurance can be obtained through a Homeowners / Condominium type insurance policy to cover personal property, contents and improvements and betterments.
Liability insurance required to be maintained by each homeowner or occupants must have limits of not less than one million dollars ($1,000,000.00) combined single limit for injury or death to person or damage to property accruing in the owner’s unit naming as Additional Insureds all entities owning and/or operating the Mandarin Oriental Las Vegas, including, without limitation Mandarin Oriental Management (USA) Inc., Mandarin Oriental Overseas Management Limited, Residences at Mandarin Oriental Management (Las Vegas), LLC and each of their parents, subsidiaries and affiliates and their respective directors, officers, agents and employee, CityCenter Luxury Residences Unit Owners Associations, LLC, CityCenter Boutique Residential Development, LLC, CityCenter Boutique Holdings, LLC, AIRA Resort and Casino Holdings, LLC. The coverage of such policy shall be primary and non-contributory without regard to any insurance carried and maintained by MOLAS and CityCenter Luxury Residences Unit Owners Association, LLC. The Association shall not be responsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Units. For a more formal and comprehensive explanation of the rules governing the foregoing, please refer to the Governing Documents provided to you at the time of closing, in particular, Section 12.1 of the CC&R’s.
If the unit is rented or subleased to a party besides the owner, evidence of coverage with the same requirements as above must be provided upon occupancy.
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A. The Board will maintain liability coverage for the Association and the common areas of the Property. This does not include liability coverage for the individual owned units or the inside of any unit. B. Unit Owners must obtain their own liability coverage within their Homeowners / Condominium policy purchased for their Unit per Section 12.1 of the Declaration.
Note: Sample certificate in effect as of March 17, 2010. Please check with the Director of Residences to make sure requirements have not been updated prior to having certificate issued.
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145
Vendor and Third Party Providers Each Unit Owner must require any vendor or other third party providing goods or services to the Unit Owner or his or her Unit to obtain the following insurance coverages. Additional Insureds which must be named include all entities owning and/or operating the Mandarin Oriental Las Vegas, including, without limitation Mandarin Oriental Management (USA) Inc., Mandarin Oriental Overseas Management Limited, Residences at Mandarin Oriental Management (Las Vegas), LLC and each of their parents, subsidiaries and affiliates and their respective directors, officers, agents and employee, CityCenter Luxury Residences Unit Owners Associations, LLC, CityCenter Boutique Residential Development, LLC, CityCenter Boutique Holdings, LLC, AIRA Resort and Casino Holdings, LLC. The coverage of such policy shall be primary and non-contributory without regard to any insurance carried and maintained by MOLAS and CityCenter Luxury Residences Unit Owners Association, LLC. The Association shall not be responsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Units. For a more formal and comprehensive explanation of the rules governing the foregoing, please refer to the Governing Documents provided to you at the time of closing, in particular, Section 12.1 of the CC&R’s. The description of location on the certificate of insurance MUST reference “The Residences at Mandarin Oriental, Las Vegas.” The certificate(s) can be faxed to the Director or Manager of Residences, fax number (702)590-8880. Note: Sample certificate in effect as of March 17, 2010. Please check with the Director of Residences to make sure requirements have not been updated prior to having certificate issued.
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147
Appendix Four The Residences at Mandarin Oriental, Las Vegas Rules and Regulations IMPORTANT NOTICE TO OWNER: These Rules and Regulations are hereby adopted by the Board as of January 5, 2010. All terms not otherwise defined herein shall have the meanings ascribed to such terms in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements (the “Declaration�). Any provision of the Controlling Documents which is inconsistent with anything herein contained shall supersede and control such inconsistent provision of this document. Accordingly, each Owner and resident is encouraged to refer to the Controlling Documents, as well as applicable local, county, municipal and state laws and ordinances for a more formal and comprehensive explanation of the rights and responsibilities of all parties subject thereto. These Rules and Regulations are enacted by the Board with respect to ensure the safety and security of the Condominium and its residents and guests, and to preserve and maintain the rights of Owners and Guests and the luxury standard of the Condominium. In addition to the restrictions set forth below and in your Controlling Documents, the Board may, from time to time, adopt, amend and enforce additional Rules and Regulations relating to the governance of the Condominium and the use of the Common Elements and Units. The Manager is authorized to perform the obligations of, and exercise the enforcement rights of, the Association with respect to these Rules and Regulations, subject to the oversight of the Board. All of the Condominium Property shall be held, used and enjoyed subject to the limitations and restrictions summarized herein. 1.
Occupancy. Each Unit may be used only as a single family residence. A Unit
may only be occupied by the following persons and their respective families: (a) the Owner or authorized Lessee; (b) an officer, director, stockholder, employee or designee of an Owner or Lessee corporation or other entity; (c) a partner, employee or designee of an Owner or lessee partnership; (d) the fiduciary, beneficiary or designee of an Owner or lessee trust. All authorized 148
tenants under an approved lease shall be further subject to the provisions on leases, set forth in the Section entitled "Leasing of Residences" below. No more than one family may reside in a Unit at one time; and occupancy in each Unit may not exceed two (2) persons per bedroom. Children under the age of fourteen (14) must be supervised at all times when upon the Common Elements of the Residences Property or in any portion of the Hotel. 2.
No Business or Commercial Activity or Other Improper Uses. (a)
No part of any Unit shall ever be used for any commercial or business purposes, or for any other non-residential purpose whatsoever except as set forth in the Declaration.
(b)
No improper, offensive, hazardous or unlawful use shall be permitted in or on the Condominium, and all applicable laws, zoning ordinances and regulations shall be observed; and any violation of any of them relating to any portion of the Condominium, shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property.
3.
Leasing of Residences. Any private residential Unit may be leased, subject to the following rules and limitations: (a)
Any single lease term with respect to a Unit shall be for a minimum period of six (6) months.
(b)
The maximum number of lease terms on a single Unit may not exceed two (2) per calendar year.
(c)
Any lease must be for the entire Unit, and not a portion thereof. No partial Unit may be rented.
(d)
All leases must be in writing, and a copy of such written lease shall be provided to the Board.
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(e)
The Board shall have the right to terminate the lease upon default by the tenant or Owner of any provisions of the Governing Documents or any law governing the Unit.
(f)
The written lease agreement shall also provide that: the tenant of a Unit deposit in escrow with the Association an amount not to exceed one month’s assessment fee paid for the Unit, or $2,500.00, whichever is less, which shall be used by the Association to repair any damage to the Common Elements or any other property located within the Condominium or to pay any fines resulting from acts or omissions by the tenants (as determined in the sole discretion of the Association). After any deductions for repairs or reimbursement to the Association, the balance of the security deposit shall be returned to the Lessee, within two weeks after the expiration term of the lease.
(g)
All Owners shall be jointly and severally liable with the tenants of such Unit to the Association for any amount which is required by the Association to affect repairs to the Common Elements or to pay any claim for any injury or damage to property caused by the malicious actions or negligence of the tenant.
(h)
All leases shall comply with and be subject to the provisions of the Controlling Documents and the provisions of same shall be deemed expressly incorporated into any lease.
(i)
The provisions of this Section 3 shall also apply to assignments and renewals of leases.
(j)
Upon entering into an agreement for the lease of a Unit, the Owner shall: (i) provide to the Board written notice thereof and a copy of the lease agreement; (ii) furnish to the Board the names of the lessee and all tenants to be residing in the Unit; and (iii) deliver a copy of the Governing Documents and the Rules and Regulations to the lessee, with a signed
150
acknowledgement by the tenant of receipt of the Association’s Governing Documents and Rules and Regulations. (k)
All leases must be APPROVED by the board; such which approval shall not be unreasonably withheld.
(l)
All prospective lessees shall submit a non-refundable $100.00 processing fee, and a Residential Lease Application to the Board of Directors for its approval of the lease and its terms and provisions.
4.
No Subdivision or Timesharing. No Owner may subdivide a Unit or enter into any type of timesharing, fraction sharing, exchange program, travel and/or vacation club, destination club, luxury club or other similar program on any Unit.
5.
Nuisance; Noise; Smoking; Unlawful Activity. To maintain the reputation and designation enjoyed by the Condominium as a first-class residential community: (a)
No nuisances, disturbing, objectionable or offensive noise, or noxious odors or fumes are permitted anywhere upon the Condominium Property; and no trash or debris of any kind shall be permitted to accumulate anywhere upon the Condominium Property.
(b)
No noise or other nuisance shall be permitted upon any portion of the Common Elements or within a Unit is same disturbs the occupants or guests of any other Unit. No musical instrument, sound system, radio, television, or hi-fi loudspeaker may be operated in any Unit between midnight and the following 8:00 A.M., if the same disturbs the occupants or guests of any other Unit; and musical instruments and musical vocals may not be played or practiced at all between the hours of 10:00 P.M. and the following 9:00 A.M.
(c)
Except for emergency situations approved by the Board, no construction, repair work, and any other installation involving noise shall be conducted
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in any Unit except on weekdays (not including legal holidays) and only between the hours of 9:00 A.M. and 5:00 P.M. (d)
No exterior speakers, horns, whistles, bells or other sound devices, noisy or smoky vehicles, large power equipment or large power tools or other equipment or electronics which disturb other Owners or their guests may be used on any portion of the Condominium Property without the prior written approval of the Board, which shall be granted or withheld at the Board's discretion.
(e)
Smoking is prohibited in the Common Areas.
(f)
No Unit or other area of the Condominium Property may be used for any unlawful purpose or any purpose prohibited by the Controlling Documents.
6.
Common Areas. The Common Areas: (a)
May not be obstructed or used for any purpose by Owners, their tenants or guests other than the respective purposes for which they are expressly intended;
(b)
Are restricted in that no Owners, tenants, or guests may work or play in such areas;
(c)
May not be decorated or furnished by any Owner in any manner; and
(d)
are subject to maintenance or repair by the Association; and from time to time Owners agree to provide the Association's agents and workers access to the interior of the Unit upon reasonable notice and at reasonable times to effect such repair or maintenance of such areas adjoining the Unit.
7.
Unsightly Articles. No unsightly articles are permitted to remain upon or within any Unit, Limited Common Elements or Common Elements so as to be visible from any other portion of the Condominium Property or from anywhere else in the Building. Nothing may be hung from any doors, windows or roofs or placed 152
upon the window sills of the Condominium Property, including, but not limited to, towels, clothing, flower pots and signage. No article (including, but not limited to, garbage cans, bottles or mats) may be placed in any of the Common Areas; and no fire exit shall be obstructed in any manner. 8.
Trash. (a)
Trash and other garbage shall be regularly removed from each Unit. Trash shall be placed in the trash chutes, dumpsters, receptacles, or area designated by the Association. The Association may without any prior notice to Owner remove any trash or garbage so left or placed, at the Owner's expense. Owners shall be responsible for all costs of removal and shall be subject to fines to the maximum extent allowed in the event an Owner utilizes the trash chutes for trash which is too large.
(b)
All trash shall be properly bagged and disposed in the chutes and dumpsters designated for Owners’ use. No material shall be placed in trash dumpsters if prohibited by law. Every Owner shall be subject to fines and shall on demand pay to the Association all costs and expenses incurred in such removal.
(c)
Every Owner shall use any refuse or garbage collection service provided by the Association for the Condominium, and no other, and shall pay to the Association the Unit's pro rata share of the cost of such service.
(d)
Recyclable materials shall be disposed of in designated areas, in such manner, and subject to such rules, as shall be determined by the Association. All costs of any recycling program in place or to be enacted by the Association shall be payable by the Owner as additional Common Expenses.
9.
Maintenance of Residences by Owners. (a)
All routine maintenance, repairs and replacements required to be performed to or within any Unit is the responsibility of the Owner, at the 153
Owner's sole expense. Subject to the Governing Documents, such obligation is limited to the boundaries of the Unit. No Owner may make any structural changes to the Condominium Property or the Building (a) inconsistent with Nevada law or Controlling Documents, and (b) without express written authorization, in advance, from the Board and/or the Hotel Parcel Owner. (b)
No additions, alterations or improvements may be made to any Unit which fails to comply with Article 9 of the Declaration and any other Rules and Regulations adopted by the Association or the Reciprocal Easement Agreement. If any maintenance, repairs or replacement become necessary to the Hotel Parcel or to Common Elements adjacent to the boundaries of a Unit resulting from an Owner’s additional, alteration or improvement, such Owner will be responsible for payment of all such costs as an additional charge to the Owner.
10.
Window Coverings. Window coverings as originally installed in a Unit may not be altered unless the Owner has received approval from all necessary parties (which may include the Resort Owner, the Hotel Parcel Owner and/or the Board). Any and all window coverings must not cause the Unit’s appearance to vary materially from Units with the window coverings allowed pursuant to the Reciprocal Easement Agreement and the Controlling Documents. Any decorative window coverings must be installed on the interior side of the original window covering installation and the color of such covering facing the exterior of the building must be the same color as the originally installed window covering. Hanging window treatments must only drape over the spandrel panels of the curtain wall so as not to be visible from the exterior of the unit. All decorative window coverings must be approved by the Board, the Hotel Parcel Owner and the Resort Owner prior to installation. Any window coverings installed without such prior approval must be immediately removed by Owner upon request of the Board, the Hotel Parcel Owner or the Resort Owner.
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11.
Antennas, Satellite Dishes. Satellite dishes, aerials and antennas and all lines and equipment related thereto may not be hung from the exterior of the Condominium Property.
12.
Signs; Flag of the United States. Subject to the minimum extent allowed by applicable law and except as otherwise provided in the Governing Documents, no sign, poster, billboard, flag, advertising device or other display of any kind shall be displayed without the written pre-approval of the Association. No flags of the United States of political sign may be displayed in a manner that would cause such flag or sign to be visible from the exterior of any Unit except to the minimum extent allowed by applicable law.
Additionally, no notice,
advertisement or illumination may be inscribed or exposed on or at any window or other part of the Residences Property; nor may anything be projected from any window of the Residences Property without similar approval. 13.
Alterations, Additions and Remodeling. Prior to commending any alteration or addition to a Unit, an Owner must comply with the procedures set forth in Article 9 of the Declaration and Exhibit H of the Reciprocal Easement Agreement and obtain all required approvals from the Board, the Hotel Parcel Owner and/or the Resort Owner.
An Owner must also comply with all legal and permitting
requirements as well as all approved plans and specifications.
Alterations,
additions and remodeling are subject to the fees, deposits and construction penalties set forth in the Association Fee Schedule as may be adopted by the Board from time to time. 14.
HVAC; Electrical Equipment; Plumbing; Floor Load. No heat, ventilator or air conditioning device may be installed in any Unit without the prior written approval of The Association.
"Window" air-conditioners of any kind are
prohibited. No Owner may alter the Unit's plumbing, lighting or electrical systems without prior written consent from the Association. All radio, television or other electrical or electronic equipment of any kind installed or used in any Unit must comply with all legal requirements and recommendations of applicable fire, governmental and/or public authorities, and the Owner alone shall be liable for 155
any damage or injury caused by any of them in the Unit. Toilets and other water apparatus in a Unit and elsewhere in the Condominium must not be used for any purpose other than those for which they were designed, and specifically may not be used for disposal of sweepings, construction debris, trash, rags or any other articles. Any damage resulting from such misuse must be repaired and paid for by the Owner of the Unit. All Owners shall observe all load capacities and distribution requirements set forth in the Governing Documents when installing or placing any item or items in a Unit. 15.
Ingress and Egress. (a)
All mopeds, motorcycles, bicycles, scooters and similar vehicles must be brought into or out of the Condominium through designated entrances only, and no such vehicles or baby carriages are allowed to stand in any Common Elements.
(b)
Service personnel, messengers, delivery persons and trades people are required to use the service elevators, and shall not use any of the resident elevators; and shall access the building through the receiving areas only. All packages and other deliveries must be delivered to the area designated by the Association; and all deliveries will be made from such area only by Association personnel or as otherwise directed by Association personnel, and at appropriate times. Damages caused to the Common Elements and service areas by delivery or service vehicles and/or personnel shall be the responsibility of the Owner.
(c)
Furniture and other bulky or heavy items must be taken in or out of the Condominium by the service elevator and through a designated entrance only.
All furniture deliveries must be scheduled with the Manager’s
office. (d)
In order to ensure your preferred delivery time and date, 72 hours advance notice is required to be provided to the Manager. Should you receive an unanticipated delivery, acceptance may be arranged depending on the 156
availability of the other residential scheduled deliveries and move-ins or move-outs. Deliveries may be arranged at the loading dock Monday through Friday, 8:00 a.m. to 5:00 p.m.
All delivery companies,
tradespersons, contractors, and/or vendors utilizing the loading dock must provide the required certificate of insurance, in advance of your move or delivery, to the Residential management office or Concierge. 16.
Rights of Entry. The Association shall have a right of entry in and upon the Common Elements and the Units for the purposes of maintaining and inspecting the Condominium and taking whatever action may be deemed necessary or proper by the Board consistent with the Declaration. However, such entry upon the interior of the Units shall be made, except to effect emergency repairs or other emergency measures (which may be performed without notice), only after three (3) days’ prior written notice to the Owner of such Unit. In case of an emergency, such right of entry by or on behalf of the Association shall be immediate. The owner and/or operator of the Life Safety Systems shall further have a right of entry in and upon the Common Elements and each Unit to maintain, repair, inspect and test Life Safety Systems; provided, however, that such right of entry, except in the case of an emergency, shall be made on not less than one (1) day’s prior notice to the Owner. In case of an emergency, however, such right of entry shall be immediate.
17.
Keys; Alarm Systems. The Association maintains a pass-key to each Unit. No lock may be altered or installed without the prior approval of the Association. If the Owner has not furnished a key to the Association, then the Association or its agent may forcibly enter such Unit without liability for damages or trespass, and all related costs shall be at the Owner’s expense. Owners shall not install any burglar or other alarms in the Residences without the prior written consent of the Association. All locking mechanisms visible from the residences corridors must be in keeping with the HOA specified finishes and cannot be altered.
18.
Pets; Fish Tanks. Except for fish, each Unit may have no more than two (2) pets with an aggregate weight, at maturity, not to exceed eighty (80) pounds. The only 157
pets permitted in a Unit are domesticated dogs, domesticated cats and fish. Reptiles, birds or other forms of wildlife are strictly prohibited. No pets may be
kept, bred, or maintained for any commercial purpose; and no pets
may remain
once determined by the Board, in its sole discretion, to be a
nuisance or
annoyance to the Hotel Parcel Owner, Commercial Parcel
Owner, any other
Owner, and/or any of their guests, tenants, occupants,
licensees, invitees, agents,
servants, contractors or subcontractors.
The following dog breeds will not be accepted at The Residences at Mandarin Oriental, Las Vegas: American Bulldog, Mastiff, Wolfdog, Boerboels, Dogo
Argentino, Presa Canario, Fila Brasileiro, Japanese Tosa Inu, American Pit
Bull
Terrier, Pit Bulls, Doberman, Rottweiler and mixes of the above listed
breeds. All pets must be registered and approved in writing by the Board, which approval may be given or withheld in the sole discretion of the Board. Owners must immediately pick up all solid waste of their pets and dispose of such waste appropriately. All pets must be leashed (maximum leash length of 6 feet) at all times when outside a Unit. No pets and animals will be permitted in any elevator or lobby, or other portions of the Common Elements or service areas, unless carried or on a leash; and no pets, whatsoever, shall be permitted ANY area designated as a pet prohibited area (or similar designation). Pets must be walked only in designated pet walking areas. Prior to the installation of a fish tank exceeding fifty-five (55) gallons in volume, an Owner must deliver plans for such tank to the Hotel Parcel Owner and to the Board for written approval, which approval may be withheld in the Board's sold and absolute discretion. 19.
Hotel Parcel Owner, Commercial Parcel Owner and Association Insurance. Nothing shall be done or kept in any Unit which would result in the cancellation or increase of the rate of insurance of the Condominium or the Hotel Parcel or any contents of any of the foregoing, without the prior written consent of the Association and/or the Hotel Parcel Owner, as applicable. No Owner shall permit
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anything to be done or kept in his or her Unit which would be in violation of any law. 20.
Required Owner’s Insurance Policies. Each Owner shall be responsible to obtain and maintain insurance coverage for the property lying within the boundaries of the Unit, including, but not limited to, insurance covering the Owner’s Improvements, personal property, and the Owners’ personal liability and living expenses, and for any other risks not otherwise insured through the Hotel Parcel Owner and/or the Association. In the event an Owner makes a claim against insurance carried by the Association and/or the Hotel Parcel Owner, such Owner shall be responsible for any deductibles required to be paid in connection with such claim. The effective date of such insurance must be no later than the date and time on which a Unit is conveyed to the Owner and must be maintained at the Owner’s sole cost and expense. Liability insurance required by this Section must have limits of not less than one million dollars ($1,000,000.00) combined single limit for injury or death to person or damage to property accruing in the Owner’s Unit. The Association shall not be responsible to Owners to obtain insurance coverage upon the property lying within the boundaries of their Units. Owners must provide the Association with all certificates of coverage for insurance an Owner is required to maintain.
21.
No Hazardous or Flammable Materials. No Owner or tenant or any of his or her agents, service personnel, employees, licensees or guests shall at any time bring into or keep in such Residence any hazardous, inflammable, combustible or explosive fluid into the Unit or upon the Common Elements, Any open flames, hot plates and space heaters within a Unit are expressly prohibited.
22.
Roof. No Owner or tenant, nor any guest of either of them, shall enter upon or attempt to enter upon the roof of the building at any time or for any reason whatsoever.
23.
Parking. Parking will be by valet only, on a “first-come, first-served” basis, and will be subject to and governed by the Parking Easement Agreement and the 159
Reciprocal Easement Agreement. Valet service shall be provided only through the valet parking service and only for Permitted Vehicles; with there being no assignment of any particular parking assignment of any particular parking spaces. No Owner may enter the parking areas. Upon request, the Owner shall provide the Association with the make, model, color and license plate numbers of all of Owners' cars. 24.
Relationship with Employees of The Association. No Owner, tenant or guest of Owner shall send any employee of the Association on any private business. Additionally, no Owner may interfere, whatsoever with the Manager’s management duties or those of the staff and colleagues.
25.
Complaints. Complaints regarding Association management services shall be made in writing to the Association. An Owner may not case a disturbance or cause undue interference in the management of the Condominium. An Owner’s sole option is to communicate with the Board who will then address the issues with Manager.
26.
Association Maintenance. The Board shall establish Association Maintenance Fund accounts, into which shall be deposited all monies paid to the Association, and from which disbursements shall be made, in the performance of functions by the Association.
27.
Delinquency of Payment of Assessments; Liens. (a)
Any installment of an Assessment shall be considered delinquent if not
paid within fifteen (15) days of the due date. The due date for all assessments shall be the first of the month, payable in advance. Upon such delinquency, the full amount of the annual Assessments remaining in any given year (i.e., not simply the delinquency installment) shall become due and payable. The full amount of any Assessments not paid within sixty (60) days after the due date, plus all reasonable costs of collection (including attorneys’ fees) and late charges as provided in the Governing Documents and in accordance with all applicable laws, shall bear interest commencing sixty (60) days from the due date until paid at the 160
maximum rate permitted by law. The Association shall also impose a late charge of twenty-five dollars ($25) for each month an installment is delinquent. (b)
All sums assessed and fines properly imposed will constitute a lien upon a
Unit from the time such sums become due, prior and superior to all other liens and encumbrances thereon except as otherwise provided in the Controlling Documents or by Nevada law. The owner shall be responsible for all costs of collection including the costs charged by a collection agency and reasonable attorneys’ fees. (c)
Delinquent Assessments shall be collected in accordance with the
Association’s Collection Policy. 28.)
Holiday Décor – Trees. The use of live trees for Holiday Décor will not be allowed within the building. Only artificial trees are permitted for Holiday Décor. This Section 28 of the Rules and Regulations was effective Saturday, April 14, 2012.
29.)
Bullying as a Violation of Nuisance Provision. An officer or director of the Association, Owner, tenant, or guest of an Owner or tenant shall
not
willfully and
without legal authority threaten, harass or otherwise engage in a course of
conduct
against any other person who is the community manager or an agent or
employee
of that community manager, an officer, director, employee or agent
of the
Association, another Owner, tenant or a guest of an Owner or
tenant which: (a) apprehension thereof,
causes harm or serious emotional distress, or the reasonable to that person; or (b) creates a hostile environment for that person.
Such conduct shall be deemed to be “noxious or offensive activity” that creates an “unreasonable annoyance or nuisance,” and as such is a violation of Article 10, Section 10.4 of the Declaration. After notice and a hearing, as required by the Association’s governing documents and NRS 116, anyone violating the above-referenced Rule may be sanctioned as
follows: 161
(a)
imposition of fines, consistent with the Association’s Fine Policy and Procedure;
(b)
suspension of voting privileges; and
(c)
suspension of the right to use the Association’s Common Elements.
This Section 29 of the Rules and Regulations was effective on July 13, 2016.
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Appendix Five Association Collection Policy Condominium Fees Condominium fee payments and payments for any Incidental Charges that may be owed are due on the first day of every month. Payment is considered late if it is not received by 5:00 pm PST on the 15th of the month. If a payment is received after 5:00 pm PST on the 15 th of the month, late fees will apply. We highly recommend that you mail your payments to allow enough time for processing by the USPS mail. The Unit Owner will be responsible for all costs of collection, including reasonable attorney fees for delinquent payments.
Methods of Payment The following are acceptable methods of payment:
Checks drawn on U.S. banks only. All returned checks will be subject to a service fee of
forty ($40) dollars. Auto-Debit – ACH from your checking or savings account Bank Draft/Money Order Wire Transfer
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The address to which condominium assessments, fee payments, billing inquiries and signing privileges are to be sent is the following:
The Residences at Mandarin Oriental, Las Vegas
Attn: Residences Accountant 3750 Las Vegas Boulevard South
Las Vegas, NV 89158
(702) 590-3054
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