LICENSE OF OCCUPATION

 

 

BETWEEN:

 

                                                  Green Line Properties Limited            OWNER

(Complete Legal Name)

 

 

- AND -

 

 

OCCUPANT

 

                                Name:                                    

                        Permanent Home Address:        

                        City/Town:                        Province:                                 Postal Code:  

                        Tel.Res.:         Tel.Bus:                                 

                        Driver's License #:      

                        Car License Plate #                         D.O.B.:           

                        Address on Drivers License same as Permanent Home address?       Yes       No

 

The Owner has agreed to license the Occupant to occupy the following site with the services specified:

 

                        Site:                                                    

 

The Licensing of the above site by the Owner to the Occupant shall be in consideration for and subject to the

 

following terms and conditions: A) The  lease commences on the _____day of             ________20___

 

and expires on the ______day of ________    20___


 

Lease cost at $                                      Plus $                                      7% GST per month or year

 

                                                                                          B) Additional services for the specified site

 

Hydro - as per usage             Other_________________(Cost)

 

           

1.    This license is personal to the above named Occupant and those eligible family members, listed below, in accordance with the campground rules, which are attached hereto as schedule A,

NAME                                             RELATIONSHIP                                       DATE OF BIRTH            

       

___________

___________

___________

___________

2.         It is understood and agreed that other visiting family members and friends shall be charged admission as determined from time to time.


3.         It is agreed and understood between the Occupant and the Owner that the intended use for the specified site is for recreational vacation purposes in a campground or trailer park.  The campground or trailer park is designed for seasonal or temporary use only and as such cannot be used by the Occupant as a permanent home address.

 

4.         It is agreed and understood between the Occupant and the Owner that the actual use that is made of the site is to be for seasonal or temporary periods of time only.  As well during any use of the specified site by the Occupant, the Occupant shall maintain another permanent residential premise elsewhere than at the Park, that the Occupant has unlimited access to.

 

5.         It is agreed and understood between the Owner and the Occupant that the word "trailer" as set out in paragraph 3 above, shall include Park Model Trailers as defined by the C.S.A. Standards Z.241.  But shall not include Mobile Homes as defined by the C.S.A. Standards Z.240.

 

6.         It is agreed and understood between the Owner and the Occupant that the words "seasonal or temporary periods of time" as set out in paragraph 4 above shall include periodical or recurrent use pertaining to the seasons of the year.   But shall not include accommodation that is occupied for 12 months in any given year.

 

7.         It is agreed and understood between the Occupant and the Owner, that the Trespass to Property Act governs the relationship between the Parties.

 

8.         This license is for the occupation of the site specified only and the Occupant acknowledges that he is a licensee with respect to any facilities assigned to him and is deemed to have willingly assumed, without restriction, all risks arising out of his use of the site and the campground.

 

9.         All season end charges for a deposit, storage, services, etc., are due and payable by Thanksgiving.  All season start up charges for site fees, docking, services etc are due May 1.  All other charges are paybable when  services are rendered.

 

10.       All deposits are non-refundable and are held against the final balance owing in any year.  The deposit is forfeited as liquidated damages and not as a penalty upon breach of any term of this agreement.

 

11.       In addition to the specified site, the Occupant shall have the use in common with others so entitled to all common areas provided without additional charge.  This license shall be automatically renewed solely at the discretion of the Operator from year to year  save and except any adjustment in the fees charged, unless terminated by either party, in writing, on or before September 30 of each calendar year.

 

12.       In addition to the foregoing, the Occupant shall pay in addition any taxes, assessments, levies, or license fees imposed by any authority on or as a result of any equipment, fixtures, improvements, furnishings or vehicles erected, placed or left on the site by or on behalf of the Occupant which additional charges shall be payable immediately upon receipt of any notice or demand for payment received by the Owner and conveyed to the Occupant.

 

13.       The Occupant hereby acknowledges receipt of and agrees to be bound by the terms and conditions of the rules of the campground as presently in existence, being Schedule A hereto, or as may be reasonably established or at the discretion of the Owner modified from time to time.  Amendments to this license, at the sole discretion of the Owner, may be instituted with written notice to the licensee.  Said amendment will allow the licensee to terminate the license and leave the campground with no penalty upon written notice to the licensor within seven (7) days of receipt of such amendment.

 

14.       The Occupant hereby undertakes and agrees that he will inform any family members specified in this license or otherwise, as well as guests, visitors or other persons attending at the Occupant's site as to the campground rules, from time to time.  The Occupant is responsible for the observance of the campground rules personally or by his immediate family members, guests, visitors or other persons attending at the Occupant's site or in the campground with the occupant's permission or knowledge.

 

 

15.       Any failure to remit any payments required under the terms of this agreement and any breach of any of the rules of the campground by the Occupant, his immediate family members, guests, visitors or other persons attending at the Occupant's site, shall be deemed to be a breach of this license and this license may be immediately terminated at the option of the Owner.

 

16.       The Occupant hereby authorizes and directs the Owner, upon termination of this license for any reason, to act as the Occupant's agent for the securing and/or removal of any of the Occupant's property from the above site, or elsewhere in the campground, and the Owners shall not be liable for any damages thereby occasioned.

 

17.       The Owner assumes no responsibility for any loss through fire, theft, collision or otherwise to trailers, additions, improvements or cars or their contents, regardless of cause. The Occupant agrees that the use of the campground or its facilities is solely at the risk of himself, his family and guests. The Occupant, his family and his guests, for themselves, their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE the Owner, his agents, servants, successors and assigns OF AND FROM ALL CLAIMS, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damages to himself, his family or guests or their property HOWSOEVER CAUSED, arising or to arise by reason of occupation of the above mentioned site and use of the campground or otherwise, whether prior to, during or subsequent to this AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the aforesaid.  The Occupant further undertakes on his own behalf and on behalf of his family and guests to indemnify all the aforesaid from and against any and all liability incurred by any or all of them arising as a result of or in any way connected with the license.

 

18.       The Occupant hereby undertakes and agrees to abide by all the terms and conditions of any applicable municipal, provincial or federal laws and regulations and any failure to do so may be deemed to be by the Occupant, his immediate family, guests, visitors or others attending at the Occupant's site with the Occupant's permission, a breach of this license.

 

19.       The address for notification under the term of this license, or otherwise, shall be at the permanent home address as set out above, unless written notice of a change has been given by regular first class mail.  Any notification pursuant to the terms of this license shall be deemed to have been received five working days after it was posted.

 

20.       In the event of any default of any of the terms and conditions of this agreement, the Owner shall have the following rights:

 

                a) On fourteen days prior written notice delivered, or deemed received under the terms of this license to reenter upon the above site and repossess the site terminating the contract.

 

                b)  To sue for any overdue payments or damages arising out of a breach of this license together with interest, (at the Courts of Justice Act Rate), Legal Costs together with any other costs of any nature or kind which may be incurred in repossessing the site and collecting overdue payments or damages.

                c) To seize any goods or property on the site subject to any applicable provisions of the law and to sell the same to recover any monies or damages owing.  To bar the occupant, his immediate family, guests, visitors or other persons attending at the occupant's sites with the occupant’s permission from:

 

                          i)  staying past 8:00 p.m. on any night of the aforementioned fourteen (14) days;

                         ii)  attending or participating in any common activities as may be held in the campground.

 

21.       The Occupant acknowledges and agrees that no sales shall be advertised or conducted on any site and the Owner strictly reserves the right to act as the exclusive sales agent within the campground.

 

22.       This license is personal to the Occupant or immediate family and is not assignable.

 

23.       In the event that this site shall be repossessed under the terms of this license, any goods including any trailer that the Occupant has left on the site shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario, (hereinafter referred to as "the Act"), may be removed by the Owner, who shall be deemed to be a lien claimant and storer under the Act, to whatever location the Owner deems appropriate and the Owner in such removal and storage will not be responsible for any loss or damage to such goods.  The Occupant will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and the Owner may recover costs and/or monies owing in accordance with the provisions of the Act.

 

24.       Notice is hereby given that entry to the campground is permitted only for activities conducted in accordance with this license and the rules and regulations as they exist from time to time and all other activities are prohibited in accordance with the provisions of The Trespass To Property Act, R.S.O., 1990 c. T.21, as amended from time to time.  Any person violating this notice or failing to leave the premises immediately when directed to do so shall be in violation of the said Act and may be prosecuted in accordance with its provisions.

 

25.       The Occupier of a site shall exercise such care as is reasonable in the maintenance of the site during his occupancy to see that persons entering on the site and the property brought on the site by those persons are reasonably safe while on the site and shall save the Owner harmless from any claims as a result of the failure of the Occupant to do so.  No add-ons, additions or site improvements shall be incorporated without prior written approval.  If such approval is granted, such add-ons, additions or improvements must be incorporated so as not to impede the expeditious vacating of the site and removal of the Occupants property.

 

26.       A waiver of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver of any of the other terms and conditions of this other than those specifically waived and in no event shall any waiver be deemed to be a continuing waiver.

 

27.       By his/her signing of this license the Occupant hereby represents and warrants that he/she has the responsibility and/or authority to sign on behalf of family members, guests, visitors or other persons attending at the site from time to time.

 

28.       The Occupant further agrees that while his trailer and equipment of any nature is on the Owner's premises, he will not hire or permit any person or any company, other than the Owner to perform any labour thereon or to make installation of equipment thereof; it being understood that the owner does not permit any competitive labour or services to be performed on its premises without its express written authorization.  The foregoing limitation is not intended to prevent the Occupant or his family from doing such work provided such work is done in accordance with all pertinent laws and/or regulations and has been approved in writing by the Owner.

 

29.       This license, including Schedule 1, Hammock Harbour Resort Seasonal Camper and Yacht Club Lease Agreement – Terms and Conditions, shall constitute the entire arrangement between the parties.  There is no representation, warranty, condition or collateral agreement affecting this document other than as expressed herein in writing.  This license shall be read with all changes of agenda and number required by the text.

 

30.       This form was prepared for the exclusive use by members of The Ontario Private Campground Association and is the subject matter of copyright.  Any unauthorized use is prohibited.  Any use is at the occupant's risk.

 

This Agreement signed the _____ day  of ____________, 20 ____, at __________________ Ontario shall be binding upon the heirs, executors, administrators and assigns of the parties hereto.

 

 

Signed, Sealed and Delivered   }

in the presence of                }

               

 

                                         

   Name of Witness                Name of Owner                            Name of Occupant

 

               

                                                       

    Signature of Witness                Signature of Owner                Signature of Occupant

 

               

                                                                                                                                                                                                                                                                                                                                                                                                                                                               

    Address of Witness