Beach Key
SCROLL DOWN TO PURCHASE A BEACH KEY. Please note if you are not in the correct geographic area or have violated CHA Rules and Regulations in the past, your payment will be refunded and the key will not be issued.
BY PURCHASING A BEACH KEY, YOU UNEQUIVOCALLY AGREE TO THE CARMEL HIGHLANDS ASSOCIATION’S easement ACCESS RULES AND LIABILITY WAIVER.
YOU MUST SUBMIT THE BELOW FORM TO RECEIVE A BEACH KEY.
EASEMENT ACCESS RULES and REGULATIONS
SCROLL DOWN TO PURCHASE A BEACH KEY. Please note if you are not in the correct geographic area or have violated CHA Rules and Regulations in the past, your payment will be refunded and the key will not be issued.
BY PURCHASING A BEACH KEY, YOU UNEQUIVOCALLY AGREE TO THE CARMEL HIGHLANDS ASSOCIATION’S easement ACCESS RULES AND LIABILITY WAIVER.
YOU MUST SUBMIT THE BELOW FORM TO RECEIVE A BEACH KEY.
EASEMENT ACCESS RULES and REGULATIONS
We have available for our use one of the most beautiful beaches on the coast. Access to this beach is restricted to bona fide residents and property owners within the CHA geographic boundaries and their accompanied guests. If you purchased a gate key, you have a specialresponsibility toward the preservation of this unique and cherished community asset. Although they have granted certain parties the right of passage across a portion of their land to access to access the beach for recreational purposes, the owners of the properties through which the access paths run did not give up all of their property rights. We must all respect this fact. In addition, since the beach to which key holders have access is for the enjoyment of all entitled easement key holders, each of us is a guest of their neighbors and we should conduct ourselves accordingly.
The following Code of Conduct has been formulated by members of both the Carmel Highlands Association and Mal Paso Creek Property Association, together with requests from the property owners adjacent to the beach. In actuality, we simply wish to remind everyone of certain laws and some rules of common courtesy that have always been expected of those using the easements and the beach. Please obey all posted signs.
1. BEACH KEYS: A beach key is issued solely for the use of the key holder's immediate household and may not be given or lent to another household. A maximum of two keys per household will be issued after payment of the designated fees. Fees are applied to the cost of maintaining the beach access and providing liability insurance.
2. FIREWORKS: Fireworks and open flames are prohibited.
3. Littering is strictly prohibited and any trash, garbage, pet waste, or the like, must be removed upon departure.
4. MINORS: All minors under the age of 16 must be accompanied by an adult at all times when using the beach.
5. DOGS: No dog shall be permitted on the easements or beach unless accompanied by a person, and sufficiently trained to be responsive to recall command and control of such person or - on a leash that is no longer than six feet (6’) in length, per County Ordinance. An owner should immediately place a dog on a leash if requested to do so by any person who is on the beach or pathways. Please pick up after your dog - waste must be bagged and removed.
6. TIDEPOOLS: The taking of specimens from the tide pools is illegal. The beach is within the boundaries of the Monterey Bay National Marine Sanctuary and all associated regulations and prohibitions apply.
7. CLIFFS: Climbing the cliffs is prohibited. The cliffs are private property and not a part of the beach or pathways.
8. PERSONAL PROPERTY: Boats, or any other equipment, may not be left overnight onthe beach or pathways unless permission has been obtained from the owner of the property on which you wish to leave it.
9. DEMEANOR: Everyone visiting this family beach shall conduct themselves in a manner of dress and deportment that is consistent with the image of a community or family-oriented outdoor recreation area.
10. No smoking or vaping.
11. HOURS OF USE: Access to the beach is allowed until one hour after sunset and then commences at sunrise of the following day. This is in consideration of those residents immediately adjacent to the beach.
Short-term renters (less than 30 days) are by definition not guests of owners but paying renters. They do not have the right or permission of the Carmel Highlands Association (CHA) to access or use its easement to the beach. CHA will not issue easement keys to any homeowner or tenant who leases or subleases the property they own, or in which they live, to third parties for less than 30 days at a time. If the CHA Board of Directors determines that a homeowner or tenant who has been issued an easement key, leases or subleases their Carmel Highlands property to third parties for less periods than 30 days, then, and in such an event, the homeowner or tenant will be in violation of CHA policy and the homeowner or tenant shall return their key to the CHA upon demand therefor.
LIABILITY WAIVER
By agreeing to this waiver of liability and the above conditions and stipulations, I/We will in return receive an easement access key and the right to use the easement. As further consideration for the purchase of a gate key and access to the easements and the beach at Yankee Point Cove:
I/We, the Key Holder(s), defined as the individual(s) who purchased an easement key from the Carmel Highlands Association (CHA) for personal use, including members of the household, but no Agents of any type, agree:
* To abide by all published and posted rules, including but not limited to, all regulations and conditions outlined below that relate to use of the beach and easements;
* That the CHA’s responsibility for the easement ends at the mean high tide line of the Pacific Ocean;
* That any entry by the Key Holder into Yankee Point Cove below the mean high-tide line is done solely at my/our own risk and volition;
* That I/We have been warned of the inherent dangers associated with accessing the Cove, including, but not limited to, cold and rough seas, absence of lifeguard supervision, rogue waves, the risk of falling rocks from unstable cliffs, and unreliable cell phone service which may hinder communication with first responders, medical personnel or rescue services. Swimming, kayaking, surfing etc is dangerous and is not recommended. These activities would be performed totally at the individuals’ risk;
* That these hazards may result in serious injury, property damage, or death.By signing this agreement:
* I/We agree to hold harmless and release the CHA, its Directors, Officers, Agents andMembers from any and all liability, including the financial responsibility relating to injuries or property loss that may arise from my use of the Easements, accessing the easements or beach facilities regardless of whether injuries or loss are caused by the CHA’s own negligence, or recklessness, or intentional acts on the part of others.
* I/We acknowledge the risks involved in easement use, trails, steps, stairs, pets, inclement weather, tides, and unprotected beach access. * I/We agree that I/We am/are participating voluntarily, that I/We are freely assuming such risks, that the risks of such use have been made clear to me/us and to my/our household, and that I/We do not have any physicalconditions that will increase the likelihood of experiencing injuries while engaging in this activity.
* I/We further understand and agree that should I/We or members of my/our household violate any rule, regulation or requirement established and/or posted by the CHA, that I/We shall assume full responsibility and liability for claims arising out of that specific violation. This includes but is not limited to any injury incurred on the CHA's easements, any injuries resulting from the presence of any pet allowed access to the easements, or any damages resulting therefrom. In such a case, I/We agree to be responsible for any legal fees or administrative costs incurred by the CHA in addressing the violation and further understand and agree that as a result of the violation, I/We may lose my/our right to use the easements and may be required to surrender my/our key. Any Key Holder found not acting in accordance with the Easement access rules as determined by the CHA Board of Directors
* will be provided written notice of the alleged violation via email and/ or certified letter;
* will be offered an opportunity to respond to the CHA Board of Directors via letter, or in person at the next scheduled meeting of the Board;
* may be required to surrender their key immediately without a refund. If the Key Holder refuses to return a key after formally being asked to do so by the CHA Board of Directors, the Key Holder shall be liable for the costs of re-keying the gates.
By agreeing to this waiver of liability and the above conditions and stipulations, I/we will in return receive an easement access key and the right to use the easement.
INDEMNIFICATION FOR UNAUTHORIZED ACCESS and REGULATORY HARM AND EASEMENT REVOCATION OR TERMINATION
The Key Holder(s) acknowledges that unauthorized access to the Easement creates a substantial risk of governmental enforcement action, loss of access rights, and regulatory impairment. The Key Holder(s) acknowledges that the Association’s easement rights are conditional and subject to revocation or termination in the event of unauthorized access, overburdening or violation of access restrictions imposed by the grantor or landowner.
To the fullest extent permitted by California law, the Key Holder(s) agrees to defend, indemnify, and hold harmless the Association from and against all damages, penalties, fines, costs, and reasonable attorney’s fees incurred by the Association arising directly from the Key Holder(s) knowing or intentional violation of the Easement Access Rules, including violations that materially contribute to governmental investigations or enforcement actions relating to public access or prescriptive rights, or contribute to the suspension, revocation or termination of the easement by the landowner or any losses whatsoever caused by the Key Holders.
After submitting this form you will be redirected to the Beach Key purchase page.