License Agreement
November the 8th of 2023
50 Small Park Resort Management
To all Licensee at 50 Small Park Resort located at 1174 Wilby Road St Agatha, Ontario, N0B 2L0
Dear Licensee,
I hope you're doing well. We thank you for your continued tenancy at 50 Small Park Resort. It has been a pleasure having you as our Lincensee, and we appreciate your cooperation and the care you have shown in maintaining the property.
Over the years, we have strived to provide all our licensees with a comfortable recreational living environment while keeping no lease increase. However, due to recent economic developments and the increasing cost of living, we must adjust the Lease for your lot.
Beginning January 1st of 2024, your yearly Lease will increase to $5,500 plus HST. We understand that any lease increase can be concerning, and we would like to give you some context for this decision.
We greatly appreciate your understanding and cooperation during this time. We look forward to continuing our positive licensee-Licesor relationship and providing you with a well-maintained, comfortable, beautiful recreational park.
Thank you for your continued tenancy and for being a valued community member.
50 Small Park Resort Management
To all Licensee at 50 Small Park Resort located at 1174 Wilby Road St Agatha, Ontario, N0B 2L0
Dear Licensee,
I hope you're doing well. We thank you for your continued tenancy at 50 Small Park Resort. It has been a pleasure having you as our Lincensee, and we appreciate your cooperation and the care you have shown in maintaining the property.
Over the years, we have strived to provide all our licensees with a comfortable recreational living environment while keeping no lease increase. However, due to recent economic developments and the increasing cost of living, we must adjust the Lease for your lot.
Beginning January 1st of 2024, your yearly Lease will increase to $5,500 plus HST. We understand that any lease increase can be concerning, and we would like to give you some context for this decision.
- Economic Factors: The cost of living has been steadily rising in recent years, and we are now facing higher expenses related to property management. To ensure that we can provide quality service and maintain the property to the standards of our competitors, we have adjusted the Lease to better align with current economic conditions.
- Competitive Pricing: We have reviewed the current lease rates in or close to our area, and we believe that the new lease amount is still below the average pricing of similar parks. We aim to offer a fair and competitive rate while ensuring that we can adequately address the property's and our licensees' needs.
- Future Maintenance and Improvements: The adjustment in the Lease will also help us cover future maintenance costs and necessary infrastructure improvements. We are committed to keeping the property in good condition and remaining comfortable and safe. These investments are essential for you as a licensee.
We greatly appreciate your understanding and cooperation during this time. We look forward to continuing our positive licensee-Licesor relationship and providing you with a well-maintained, comfortable, beautiful recreational park.
Thank you for your continued tenancy and for being a valued community member.
Competitive Pricing and Fair Market Value:
For price comparison, I took the season and the storage fee charged by these parks and divided them by the months the site is available. This will give a correct understanding of what the monthly amount is. The yearly fee cannot be compared as most of these are 6 months of use only. There are a few that offer extended seasons, and these will also be mentioned here.
I will also advise for a competitor visit as you will see the difference between 50 SPR and others. Still, 3 factors at this point make 50 SPR unmatchable: the lot sizes, the location and a park with only a high level of units (RV's). Also, all the competitors are jammed with over 150 sites; 50 SPR with a potential additional 25 lots will be a max of 75 Lots, making this the smallest of the bunch. This also has its benefits.
All the pricing indicated is subject to HST and other fees like Hydro, visitor passes, additional parking, and other services. (All this information can be found on their sites, and most do not apply to 50 SPR at the moment)
Holiday Beach:
6 Month Usage:
$3,800 + $500 storage = $4,300 / 6 months = $716.66 monthly
Holiday Beach also has an extended site option from April 1st to December 30th at $850 monthly. Making the total for the 9 months $7,650.
http://www.holidaybeach.ca/
Country Gardens:
6 Month Usage:
$3,800 + $500 storage = $4,300 / 6 months = $716.66 monthly
( $7,160 if a 10-month option was available at the current monthly value)
Country Gardens offers up to 6 months. This may change according to the conversations with the owner's family member.
https://www.countrygardensrvpark.ca/camping-rental/
Green Acres:
This Park has a 10 Month option:
$9,595 / 10 Months = $959.50
They do offer other options, but in this comparison, I am comparing 10-month usage to our 10-month usage. They call this option Full-time recreation use.
https://www.greenacrepark.com/rate/seasonal/
Landings Campground:
6 Month Usage:
$4,000 + $500 storage = $4,500 / 6 months = $750 monthly
( $7,500 if a 10-month option was available at the current monthly value)
https://landingscampground.ca/
Hillside Lake Park:
This Park also has a 10-month section. It is dedicated to a 50-plus-in-age community.
$5,500 / 10 months = $550 Monthly
They don't have any pricing online, but I did call and asked. The only way to get in is with a resale; at this time, nothing is available.
https://www.hillsidelakepark.com/extended-season-sites/
Whistle Bare Campground:
This Park has a unique approach. It is a 6-month, but it also offers these months before opening or after closing at $1,000 a month, making a 10-month option $7,800 a year.
$7,800 / 10 Months = $780 Monthly
http://whistlebare.ca/seasonal-camping/
Maple Grove RV Resort:
$3,893 / 6 Months = $648.83 Monthly
( $6,480 if a 10-month option was available at the current monthly value)
https://www.maplegrovervresort.ca/rates
Pine Valley:
From $3,800 + $500 storage = $4,300 / 6 months = $716.66 monthly
( $7,160 if a 10-month option was available at the current monthly value)
https://pinevalleypark.com/rates/#
McClintock's Trailer Resort:
$3,050 / 6 Months = $508.33 Monthly
( $5,080 if a 10-month option was available at the current monthly value)
https://www.mcclintocks.com/
Sun Retreats Willow Lake:
$4,150 / 6 Months = $691.66 Monthly
( $6,910 if a 10-month option was available at the current monthly value)
https://www.sunoutdoors.com/ontario/sun-retreats-willow-lake#gallery-section
There are a few other options, but after doing this exercise, I noticed they are similar in price. I have selected these 10 parks to get enough data to see the average yearly cost of having a lot of parks near or relatively near a big city center and to 50 SPR, where individuals can still go to work or have easy access to medical care and essential amenities.
After your research, you will notice that 50 SPR has the least amount of lots. This significantly impacts the revenue that is brought in yearly for return on investment, park improvements, and "lost opportunities." Having only 50 lots gives us a minimal return after expenses, even when considering considerable infrastructure improvements. The cost of updating Hydro, septic, waterworks, and amenities is the same for 50 or 150 lots. This is an economy of scale effect. The more, the cheaper it gets per lot.
The new lease price is still well below the average of $7,083 plus HST plus other fees that are not applicable at 50SPR. We remain the most affordable park in a 75-kilometre radius; as owners and operators, we have the right to an average market value. We are a private for-profit organization with a vision for this investment. As the General Manager, I have to make sure that this makes sense, and with the crazy economic changes already mentioned above, changes in pricing are a must.
I have analyzed absolutely everything in the business sense. I need to consider every option. We all have options. We continue to have the ability to have a successful exit, but this will not be in the licensee's interest as these big companies and funds will come in and buy businesses like this and automatically increase lease values typically by doubling them. I have seen it in person as a previous Director of operations of a company like this. These companies manage significant funds, and they know what they are doing after they analyze the business. They are ready to lose 30 to 40% of their current clients and replace them with higher payers. There is still a want and a need for these types of businesses, but unfortunately, they are under the bigwig's radar and will eventually own 80% of them in Ontario.
Our vision for this business is still the same: Create a beautiful park where everyone involved will have the pride of ownership at an obtainable price. To continue with this vision, I need to expand the park to create a better ROI "return on investment." And for the last few months, this is where my focus has been.
There may be some questions. Below, you will find the answers to the most common questions that have been asked until now. If you have any more questions, please contact me by email at [email protected] or by phone at 226-338-6221
You can also contact me by WhatsApp, Messenger, zoom, or Google Meet, as these will be recorded and used for future reference. These communication channels will be official, as no conversations on Park issues, questions or concerns will be held at the park or in public.
Frequently Asked Questions:
I will no longer be able to afford it?
You have some options here; the obvious one is to sell your unit and the rights of usage of the lot. This will need to follow the rules indicated in the License Agreement.
You may also try a short-term rental solution permitted at this location.
Will the lease fee continue to go up?
The short answer is yes, but it will be based on the Canadian national yearly inflation rate. There may be a situation of an upgrade in infrastructure or a significant addition to park amenities that can affect the annual fee, but in this case, it will go to a Licensee voting system where 50% plus one member vote in favour. (with this being said, please keep in mind that we are still $1,500 a year below average)
When will the water and Hydro be upgraded on the HillTop section?
The raise on the lease rental for the 2024 season will help us complete the park faster. The increase in cost to complete this work has doubled in the past couple of years for reasons out of our control. The Waterloo Public Health Division is also asking us to update the small drinking water system, and with all that is necessary, we are looking at $250,000 to complete this project. This will include a 50 amp service, a new drinking water system and a new water supply line.
When will the roads be paved or dust-free?
Only a few parks in Canada have roads ultimately paved, and these are usually older parks that had the work done years ago. These typically have over 150 lots and above-average fees, making this option an accessible investment for park owners.
Management is planning on attending to this issue as dust can be a problem. We will experiment with the magnesium flakes in the spring and see the results. Also, this may be possible sooner with the licensee engagement and will go to a voting situation with an increase on the lease or a one-time payment.
When will the pond have fountains or aeration?
The pond and the mirrors of Babel are staples of the park, and these will not be forgotten, but as you see the above points and more to be discussed, you will notice that there are things of more importance. We will try our best to complete this in the 2024 season, but it is not a priority.
Will the septic be upgraded?
There are 2 approaches to this. The first would be a minor upgrade on the holding tanks' size and filters. The second will be in an eventual expansion. A new septic and water waste system is a must. A new park system may be possible with the expansion, sale of units, and the additional lease income. The cost of these infrastructures is something between $750,000 to $1,000.000. This will be the second most significant investment other than purchasing the park itself. This situation breaks small businesses like this one. I have seen parks selling because they need help to complete this work. This has my attention as the cost of what we have now is about $40,000 a year for only pumping services. This service doubled in the last 2 years.
Why should we spend or continue to spend money on our lot?
A minimum needs to be completed as per the License Agreement, the lots need to be presentable. All the rest is totally up to the wants and possibilities. There is no minimum of additional investment obligations on the part of management. Licensees do what they want to enjoy the time spent at their location. They just need authorization from us to complete the work and possibly a permit from the township if the work needs a permit.
In case of a sale, the lots that have more done will bring more money, not any different from a house or cottage. In a worst-case scenario, you can recuperate the investment, or the loss will be minimal.
Will we have pool/public washrooms and pavilion improvements?
Yes, the improvements of these are something that I have plans for in the short term, as they are something everyone enjoys and the only amenities. Still, these will be done in phases, with the first one being the pool and the pool deck, everything else is still in working conditions.
When will the park have a major cleanup?
As most are still under construction and there is still a need for heavy equipment, trucks and materials deliveries all over the park, but no later than May of 2024, most of the park needs to be free of debris, material storage and old vehicles, the season of 2024 is the finishing year as all the lots are spoken for, and the 2 last units are to be installed before the end of this year.
Can I have the park as my full-time address?
Unfortunately, this is not a possibility. The Park does not have year-round living as it is not zoned residential. Our park is zoned for recreational use only. No one can live in the Park and cannot use it as a permanent residence. The units are not built to a Residential Building Code. You may use the park for 10 months, and it will be considered a full-time recreational use, but never your full-time address.
We are not responsible for mail or packages delivered to the park address.
Is the park under the Ontario Residential Tenancies Act?
The Ontario Landlord and Tenant Boards or Residential Tenancies Act does not apply at this moment at 50 SPR. There may be a time when full-time legal residential areas will apply, but not at the moment.
But I advise you to research this yourself so you are well informed. I have dealt with 80 users from the previous owners (Alpine Trailer Park) and with over 200 people from my experience as an operations manager.
There may be many other questions you would like answered, but these will need to be emailed to [email protected]
License Agreement DRAFT (This will be supplied in paper copy)
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made this __ day of _________, 20__.
BETWEEN:
_____________________________
(the “Licensee”)
-and-
1668272 ONTARIO INC. owner of 50 Small Park Resort.
(the “Licensor”), doing business as 50 Small Park Resort
This is the License Agreement (the “Agreement”) between the Licensor and the Licensee, in which the Licensor agrees to provide the below specified Lot (the “Lot”), and the Licensee agrees to license for the use of and pay on time for the Lot.
In consideration of the Licensee’s timely payment of the licensing Licensing Fee (the “Licensing Fee”) and in agreement to and compliance with the other provisions set forth in this Agreement, the Licensor hereby licenses to the Licensee the Lot #____ in the 50 Small Park Resort at 1174 Wilby Road, St. Agatha, Ontario, N0B 2L0, for the following RV:
Model of RV:
_________________________________________
Year:
_________________________________________
Serial Number:
_________________________________________
DATE OF UNIT INSTALLATION OF UNIT ____DAY OF______, 20__.
1. Term
1.00 The season for 50 Small Park Resort starts on March 1st of every year and ends on December 31st of every year (the “Season”). This is subject to change as per direction from the Township of Wilmot in the Regional Municipality of Waterloo.
1.01 This Agreement shall give the right to the Licensee for the use of this specific lot #____ at 50 Small Park Resort for a 10-year period starting from the day the unit has been installed in the park, with an option for renewal thereafter, unless as otherwise agreed to in writing between the Licensor and the Licensee.
2. Visitors and Additional Occupants
2.00 Additional occupants, not including the Licensee and the Authorized Persons, may reside in the RV with the written consent of the Licensor, consent which may be arbitrarily withheld. Guests shall be permitted, provided that the Licensee notifies the Licensor in writing of the names and lengths of visits of any guests staying longer than thirty (30) days. In no event are guests permitted to stay more than six (6) months each year.
2.01 Short-term rentals are allowed. The Licensee may run their own short-term rental business themselves. Suppose a third-party company runs it. The park management must approve the company doing business at the park.
3. Licensing Fee and Other Charges
3.00 The aggregate licensing fee of licensing the lot for one season is five thousand five hundred dollars ($5,500.00) plus tax per year. This Fee may increase due to the inflation rate. The increase will not be greater than the Canadian national inflation rate yearly. The Licensing Fee includes:
(a) Water is supplied by our water well located within the park property.
(b) Septic system usages.
(c) Garbage collection.
Excludes:
(a) Hydro.
*(Hydro will be charged monthly or every 2 months, this may be paid in cash, cheque or through our online payment portal.)
(b) Propane or any other fuel used by the Licensee.
(c) Internet or any other telecommunication service used by the Licensee.
3.01 The Licensing Fee is due and payable either:
(a) In increments, on the first day of each month of the calendar year, dividing the total Licensing Fee over twelve (12) months; this option will make the monthly payment of Four Hundred and fifty-eight dollars and thirty-three cents ($458.33) plus HST. This must be performed by pre-dated cheques and delivered to the licensor no later than the 10th of January each year.
(b) Through a one-time payment or in monthly increments by Credit card payments through our online payment portal, this option will have a 3% surcharge fee.
(c) Through a one-time payment per cheque for the entire Season on the first day of the first month of the season, this option will make the one-time payment of Five Thousand Five Hundred Dollars ($5,500.00) plus HST.
(d) These fees may be increased by the national inflation rate or any increase in the property taxes charged by the county or the government of Ontario.
(e) The licensing fee may also increase if there is a large expense on park improvements that all the Licensees will use. This increase can never be more than 8% of the Licensing fee per year.
3.02 The Licensee will pay the Licensing Fee to the Licensor in the form of a series of postdated cheques, each cheque in the amount of the Licensing Fee as decided upon between the Licensor and the Licensee based on 3.01. The postdated cheques shall be delivered to the Licensor within fifteen (15) business days of signing this agreement.
3.03 The Licensee can also pay the Licensing Fee through other means as decided by the Licensor, such as through cash or money order, which continues to be subject to 3.01.
3.04 The Licensee covenants and agrees to deposit with the Licensor the sum of One Thousand Five Hundred Dollars ($1,500.00) in cash or by cheque or money order to be applied to payment of the Licensing Fee for the last month immediately preceding the termination of this Agreement (the “Deposit”).
The Licensor shall refund the full Deposit within 60 days from the date:
(a) The licensee removes the RV and all personal belongings, including sheds, decks and garbage, from the Lot and the Park and terminates this Agreement;
(b) The Licensee delivers a copy of an executed bill of sale transferring ownership of the RV to a new Licensee who has entered an Agreement with the Licensor or;
(c) To the Licensor or the date the RV is removed by court order or a date agreed to between the Licensee and Licensor.
The Licensor shall also refund the Deposit in the following circumstances within 60 days from the date on which:
(a) The Licensor has approved a prospective Licensee for the same Lot defined in this agreement, where the Licensee does not wish to continue with the Agreement
(b) If the Licensor is unable to supply the Lot to the Licensee within 18 months of the date of signing the Agreement.
3.05 The fee for late payment shall be one hundred dollars ($100.00) owed from the licensee to the licensor for each month that the licensing fee remains unpaid, in addition to the balance of the licensing fee owed.
If the Licensing Fee has remained unpaid for 3 months, in addition to the provisions of Section 16, the Licensor is entitled to take possession of the Lot, the RV, and all the contents within at the Licensee’s expense.
3.06 A One Hundred ($100.00) Dollar administration fee is payable from the Licensee to the Licensor for any cheque paid which is returned “NSF.”
3.07 Additional charges may be levied only as specified and provided for elsewhere in this Agreement or in the 50 Small Park Resort Code of Conduct or the rules, regulations, and policies. Except for emergency situations, the Licensee shall be given thirty (30) days written notice of the Licensor’s intent to perform services for which an additional charge will be made. Additional charges are due in full no later than thirty (30) days from the Licensee's receipt of a written invoice from the Licensor.
4. Subleasing
4.00 The Licensee shall not sublet the RV on the Lot without the written consent of the Licensor, whose consent may be arbitrarily withheld. The Licensor shall respond in writing within 30 days to a written request to sublet the RV. The written request must include the prospective Licensee's name, mailing address, and credit report.
4.01 All negotiations of a Sublet must be approved and negotiated by the Licensor.
5. Non-Discrimination
5.00 The Licensor or Licensor’s agent shall not discriminate against any Licensee or prospective Licensee on the basis of a person's race, religious creed, colour, sex, sexual orientation, gender identity, age, marital status, disability, national origin, or because a person intends to occupy with minor children, or is a recipient of public assistance.
6. Contents of the RV and Lot
6.00 All items and contents that have been brought by the Licensee onto the Lot and into the RV and which were not present on the Lot or in the RV before the Licensee licensed the Lot are considered in totality to be the property of the Licensee and are the responsibility of the Licensee. The concrete pad on the Lot on which the RV is placed or to be placed is not considered to be the property of the Licensee. The Licensor shall not be held liable for any damage done to the property of the Licensee, save for any damage wilfully or negligently caused by the Licensor.
8. Maintenance of RV and Lot
8.00 The Licensee shall keep the Lot and RV neat, clean, and in good repair and use them in such a manner so as not to be detrimental to any other Licensee or to the operation of the Park for health, safety or aesthetic reasons. The Licensee must keep the Lot clean, keep lawns cut, and keep high grass reasonably trimmed around the RV.
8.01 With prior written approval of the Licensor, which shall not be unreasonably withheld, awnings, screen rooms, added rooms, or sheds may be placed on the Lot. Any such improvement or additions must be in compliance with the local zoning, building and related regulations.
8.02 Except in connection with flower or vegetable gardens, the Licensee shall not dig on the Lot without the Licensor's prior written consent or verification by authorities of the location of underground infrastructure systems (electrical, sewer, water, telephone, cable). Any damage done to an underground utility by the Licensee shall be repaired at the Licensee's expense.
8.03 The Licensee must complete any decking and/or landscaping the Licensee intends for the Lot within 180 days after delivery of the unit. The lot needs a minimum presentation within 6 months.
9. Responsibilities of the Licensee
9.00 The licensee is required to respect the privacy and lot lines of other licensees' lots. The Licensee, the Authorized Persons, and the Licensee and guests shall not conduct themselves in a way that disturbs other licensees as determined by the Licensor and shall refrain from illegal activities. The Licensee shall be responsible for the activities and behaviour of persons residing or visiting with the Licensee, the Authorized Persons, and guests of the Licensee.
9.01 The Licensee shall not use or occupy their RV in such a way as to cause the Lot to fail to comply with the terms of this Agreement/rules and regulations and policies or provincial or municipal laws and regulations. The Licensee, Authorized Persons, guests and invitees shall not deliberately or negligently destroy, deface, damage, alter or remove any fixture, mechanical or utility system, or furnishing.
9.02 The Licensee shall be responsible for the expense of maintaining the plumbing, electrical, and other utility service within the RV and from the point at which the service surfaces under the RV or connects to the RV from a service point. The Licensee is responsible for ensuring proper connection of the electric service to the RV. The Licensee is responsible for ensuring that the RV is properly connected to the Park’s septic or sewer and electrical.
9.03 The Licensee shall maintain his/her unit free from rats and reasonably free from insects, vermin and other pests.
9.04 The Licensee is responsible for the maintenance of the Lot, including but not limited to the maintenance of the lawn and driveway, including snow removal from the driveway and parking areas.
9.05 The Licensee is responsible for any damage caused by failing to control water leaks within the RV or disposing of anything other than normal wastewater into the sewage system that may cause blockages, surfacing or backup.
9.06 Household waste that is placed outside the RV shall be stored in watertight and, to the extent possible, animal-proof receptacles of metal or other durable materials with tight-fitting covers. No household waste shall be stored or accumulated under or around the RV or in any structure.
9.07 Upon the termination of the Agreement, the Licensee will leave said premises in as good a state of condition as they were at the beginning of the Agreement, reasonable use and wear thereof and damage by the elements excepted.
10. Responsibilities of the Licensor
10.00 The Licensor will provide the Licensee with adequate and safe electrical service. The Licensor is responsible for maintenance of the electrical service and equipment located outside the RV from the service entrance of the RV park to and including the disconnect and ‘feeder line.’
10.01 The Licensor will provide the Licensee with potable water to meet standard everyday needs. The Licensor is responsible for the maintenance of water lines to the point at which the lines surface from the ground under or close to the RV.
10.02 The Licensor shall provide adequate wastewater disposal that is properly connected to a public sewage system or properly operating subsurface disposal system. The Licensor is responsible for ensuring that the sewage disposal system is serviced adequately to prevent surfacing or back-up. The Licensor is responsible for maintaining the sewage disposal system to the point where it surfaces from the ground to service the RV.
10.03 The Licensor shall provide garbage removal services of frequency and or capacity to keep collection areas clean and fit for use. The Licensor shall not interfere with the appropriate removal of garbage by the Licensee.
10.04 The Licensor shall maintain the RV park grounds and all buildings, structures, enclosures, and equipment intended for the common use of the Licensees in a reasonable state of repair.
10.05 The Licensor is responsible for providing and maintaining the lots in the Park and the Park itself in a reasonable state of repair and occupation and for complying with health, safety, and maintenance standards.
10.06 The Licensor will keep the park roads reasonably free from hazards and ensure safe and reliable ingress, egress and use without unreasonable interruption on a year-round basis. The Licensor will keep park roads reasonably free of potholes and depressions. The Licensor shall provide adequate and timely snow removal and mitigation of any icy conditions.
10.07 The Licensor shall be responsible for the repair of any damage to the Licensee’s property if caused by the wilful or negligent conduct of the Licensor.
11. Access
11.00 The Licensor may enter the Lot with the Licensee's consent, which shall not be unreasonably withheld, between the hours of 8:00 AM and 8:00 PM on no less than 24-hours' notice for the following reasons:
(a) when necessary to inspect the Lot;
(b) to make necessary or agreed to repairs, alterations or improvements;
(c) to supply agreed-upon services;
(d) to exhibit the Lot to prospective or actual purchasers of an RV, prospective Licensees, workers, contractors
11.01 The Licensor may enter the Lot without notice or permission if, in the course of performing repairs, the Licensor discovers that it is necessary to enter the Lot to complete the repairs, provided that the Licensor could not have reasonably foreseen the need to enter the Lot at the time the repairs began. However, the Licensor must first attempt to reach the Licensee by telephone, email, or in person at the RV before entering the Lot.
11.02 The Licensor may enter the RV without notice to, or permission from, the Licensee upon a reasonable belief that there is a likelihood of imminent injury to any person, damage to property or interruption of utility services.
12. Sale of RV Located in Park
12.00 Should the Licensee wish to sell the RV and wish to sell the RV to the Licensor, the Licensor may purchase the RV at the unit market value. If the Licensor does not wish to purchase the RV, the Licensee may continue to put the RV on the market for sale.
12.01 Prior to selling an RV in the Park to a prospective Licensee, the Licensee shall notify the Licensor of the offer for sale. The Licensor retains the right to first refusal and has the right to purchase the RV at the price and subject to the terms and conditions of the offer for sale.
12.02 The Licensor may negotiate on behalf of the Licensee for the sale of the RV pursuant to a written agency contract entered into between the Licensor and the Licensee for the purpose of the negotiations.
12.03 The Licensee must pay a 5% commission to the Licensor if the RV is to stay on the property.
12.04 Any RV will not be allowed to sell for less than the market value of a similar or equal RV in the Park unless sold to a direct family member, which will only include parents, siblings, and children. Discounted units may be allowed in an emergency situation.
12.05 The Licensor must approve the new buyer and has the right to refuse the RV's sale if it is to remain on the property.
12.06 The new buyer will be subjected to a new contract. Term or any previous negotiations will not be valid to the new Licensor.
13. Modifications of the Agreement
13.00 A copy of any new Agreement, Agreement amendment, addition to, or deletion from the Agreement or Code of Conduct superseding or supplementing the terms stated herein will be furnished to the Licensee at least thirty (30) days prior to the effective date of the changed or new Agreement or rule. If the Licensee objects to any modification of the Agreement, the Licensee must notify the Licensor in writing by the proposed effective date of the change or within 30 days of receiving written notice of the modification.
14. Termination of Agreement by Licensee
14.00 The Licensee may terminate this Agreement at any time in writing, stating the Licensee's intention to terminate the Agreement and vacate the premises without penalty.
15. Termination of Agreement by the Licensor
15.00 The Licensor shall pay the Licensee a fee should the Licensor breach the Agreement between the Licensor and the Licensee in a situation limited to the following circumstances:
(a) Redevelopment and/or installation of a park model/module or mobile home units by the Licensor
(a.1) The Licensee will have the first right of refusal to install any of the new units mentioned in (a)
The amount of the Fee payable from the Licensor to the Licensee in the case of either of the above breaches shall be a total of Forty Thousand Dollars ($40,000) for the standard ten (10) year period of the Agreement. This amount will decrease by $4,000 a year as the years go by. For example, after 5 years, the amount will be $20,000.
Note that the above-mentioned Fee is not payable from the Licensor to the Licensee if the Licensee breaches the Agreement between the Licensor and the Licensee or fails to comply with the rules, regulations and policies in the appendix to this contract.
15.01 The Licensor may terminate this Agreement if the Licensee does not comply with the Park rules and regulations.
16. Abandonment
16.00 A RV will be considered abandoned if any of the following conditions exist:
(a) The Licensee has vacated the RV in accordance with a notice of termination;
(b) The Licensee has vacated the RV in accordance with an agreement between the Licensor and the licensee or;
(c) The Licensee has vacated the RV for an entire Season, or;
(d) The Licensee is in arrears of the Licensing Fee for 3 months as referred to in Section 3.05
16.01 The Licensor will make a written request to the Licensee in the case of abandonment and non-removal of the RV, which includes a request to remove the RV or pay the arrears of the Licensing Fee, within thirty (30) days of receipt of the written request from the Licensor.
16.01 If the Licensee does not respond to the written request from the Licensor within thirty (30) days of receipt of the written request, the Licensor may sell or dispose of the abandoned RV in accordance with applicable provincial laws at the Licensee’s expense.
16.02 The Licensor has no liability to any person for selling, retaining, or otherwise disposing of the Licensee’s abandoned RV.
17. Non-Registration
17.00 The Licensee agrees that they, or anyone on the Licensee’s behalf or claiming under the Licensee, shall not register this Agreement, any notice or reference in respect of this Agreement, a caution, or any other instrument or document of any kind against the title to the Lot.
18. Entire Agreement
18.00 This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. This Agreement cannot be changed or supplemented orally. In the event that more than one person shall be or become the Licensee hereunder, then the obligations of the Licensee hereunder shall be deemed to be the joint and several obligations of each such person.
18.01 Upon request, the Licensor will provide a copy of this Agreement at any time.
18.02 This Agreement will remain in effect unless modified or terminated as provided for elsewhere in this Agreement.
19. Governing Law
19.00 This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.
20. Successors and Heirs
20.00 The rights and liabilities of the parties shall ensure the benefit of their respective heirs, executors, administrators and successors subject to any requirement for consent by the Licensor hereunder.
21. Code of Conduct, The rules, Regulations and Policies.
21.00 The 50 Small Park Resort Code of Conduct, rules and regulations and policies are attached hereto as Appendix A, and it, and any future amendments thereto, are expressly made a part of the Agreement, and the Licensee agrees to abide by the Code of Conduct.
22. Notice
22.00 Any notice required to be given to any party hereto shall be sufficient if mailed and addressed as follows:
To Licensor:
To Licensee:
IN WITNESS WHEREOF the parties to this Agreement have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this __ day of ____________, 20__.
_____________________________
______________________________ (Witness)
1668272 Ontario Inc. (Licensor)
______________________________ (Witness)
_______________________________________
(Licensee)
THIS LICENSE AGREEMENT made this __ day of _________, 20__.
BETWEEN:
_____________________________
(the “Licensee”)
-and-
1668272 ONTARIO INC. owner of 50 Small Park Resort.
(the “Licensor”), doing business as 50 Small Park Resort
This is the License Agreement (the “Agreement”) between the Licensor and the Licensee, in which the Licensor agrees to provide the below specified Lot (the “Lot”), and the Licensee agrees to license for the use of and pay on time for the Lot.
In consideration of the Licensee’s timely payment of the licensing Licensing Fee (the “Licensing Fee”) and in agreement to and compliance with the other provisions set forth in this Agreement, the Licensor hereby licenses to the Licensee the Lot #____ in the 50 Small Park Resort at 1174 Wilby Road, St. Agatha, Ontario, N0B 2L0, for the following RV:
Model of RV:
_________________________________________
Year:
_________________________________________
Serial Number:
_________________________________________
DATE OF UNIT INSTALLATION OF UNIT ____DAY OF______, 20__.
1. Term
1.00 The season for 50 Small Park Resort starts on March 1st of every year and ends on December 31st of every year (the “Season”). This is subject to change as per direction from the Township of Wilmot in the Regional Municipality of Waterloo.
1.01 This Agreement shall give the right to the Licensee for the use of this specific lot #____ at 50 Small Park Resort for a 10-year period starting from the day the unit has been installed in the park, with an option for renewal thereafter, unless as otherwise agreed to in writing between the Licensor and the Licensee.
2. Visitors and Additional Occupants
2.00 Additional occupants, not including the Licensee and the Authorized Persons, may reside in the RV with the written consent of the Licensor, consent which may be arbitrarily withheld. Guests shall be permitted, provided that the Licensee notifies the Licensor in writing of the names and lengths of visits of any guests staying longer than thirty (30) days. In no event are guests permitted to stay more than six (6) months each year.
2.01 Short-term rentals are allowed. The Licensee may run their own short-term rental business themselves. Suppose a third-party company runs it. The park management must approve the company doing business at the park.
3. Licensing Fee and Other Charges
3.00 The aggregate licensing fee of licensing the lot for one season is five thousand five hundred dollars ($5,500.00) plus tax per year. This Fee may increase due to the inflation rate. The increase will not be greater than the Canadian national inflation rate yearly. The Licensing Fee includes:
(a) Water is supplied by our water well located within the park property.
(b) Septic system usages.
(c) Garbage collection.
Excludes:
(a) Hydro.
*(Hydro will be charged monthly or every 2 months, this may be paid in cash, cheque or through our online payment portal.)
(b) Propane or any other fuel used by the Licensee.
(c) Internet or any other telecommunication service used by the Licensee.
3.01 The Licensing Fee is due and payable either:
(a) In increments, on the first day of each month of the calendar year, dividing the total Licensing Fee over twelve (12) months; this option will make the monthly payment of Four Hundred and fifty-eight dollars and thirty-three cents ($458.33) plus HST. This must be performed by pre-dated cheques and delivered to the licensor no later than the 10th of January each year.
(b) Through a one-time payment or in monthly increments by Credit card payments through our online payment portal, this option will have a 3% surcharge fee.
(c) Through a one-time payment per cheque for the entire Season on the first day of the first month of the season, this option will make the one-time payment of Five Thousand Five Hundred Dollars ($5,500.00) plus HST.
(d) These fees may be increased by the national inflation rate or any increase in the property taxes charged by the county or the government of Ontario.
(e) The licensing fee may also increase if there is a large expense on park improvements that all the Licensees will use. This increase can never be more than 8% of the Licensing fee per year.
3.02 The Licensee will pay the Licensing Fee to the Licensor in the form of a series of postdated cheques, each cheque in the amount of the Licensing Fee as decided upon between the Licensor and the Licensee based on 3.01. The postdated cheques shall be delivered to the Licensor within fifteen (15) business days of signing this agreement.
3.03 The Licensee can also pay the Licensing Fee through other means as decided by the Licensor, such as through cash or money order, which continues to be subject to 3.01.
3.04 The Licensee covenants and agrees to deposit with the Licensor the sum of One Thousand Five Hundred Dollars ($1,500.00) in cash or by cheque or money order to be applied to payment of the Licensing Fee for the last month immediately preceding the termination of this Agreement (the “Deposit”).
The Licensor shall refund the full Deposit within 60 days from the date:
(a) The licensee removes the RV and all personal belongings, including sheds, decks and garbage, from the Lot and the Park and terminates this Agreement;
(b) The Licensee delivers a copy of an executed bill of sale transferring ownership of the RV to a new Licensee who has entered an Agreement with the Licensor or;
(c) To the Licensor or the date the RV is removed by court order or a date agreed to between the Licensee and Licensor.
The Licensor shall also refund the Deposit in the following circumstances within 60 days from the date on which:
(a) The Licensor has approved a prospective Licensee for the same Lot defined in this agreement, where the Licensee does not wish to continue with the Agreement
(b) If the Licensor is unable to supply the Lot to the Licensee within 18 months of the date of signing the Agreement.
3.05 The fee for late payment shall be one hundred dollars ($100.00) owed from the licensee to the licensor for each month that the licensing fee remains unpaid, in addition to the balance of the licensing fee owed.
If the Licensing Fee has remained unpaid for 3 months, in addition to the provisions of Section 16, the Licensor is entitled to take possession of the Lot, the RV, and all the contents within at the Licensee’s expense.
3.06 A One Hundred ($100.00) Dollar administration fee is payable from the Licensee to the Licensor for any cheque paid which is returned “NSF.”
3.07 Additional charges may be levied only as specified and provided for elsewhere in this Agreement or in the 50 Small Park Resort Code of Conduct or the rules, regulations, and policies. Except for emergency situations, the Licensee shall be given thirty (30) days written notice of the Licensor’s intent to perform services for which an additional charge will be made. Additional charges are due in full no later than thirty (30) days from the Licensee's receipt of a written invoice from the Licensor.
4. Subleasing
4.00 The Licensee shall not sublet the RV on the Lot without the written consent of the Licensor, whose consent may be arbitrarily withheld. The Licensor shall respond in writing within 30 days to a written request to sublet the RV. The written request must include the prospective Licensee's name, mailing address, and credit report.
4.01 All negotiations of a Sublet must be approved and negotiated by the Licensor.
5. Non-Discrimination
5.00 The Licensor or Licensor’s agent shall not discriminate against any Licensee or prospective Licensee on the basis of a person's race, religious creed, colour, sex, sexual orientation, gender identity, age, marital status, disability, national origin, or because a person intends to occupy with minor children, or is a recipient of public assistance.
6. Contents of the RV and Lot
6.00 All items and contents that have been brought by the Licensee onto the Lot and into the RV and which were not present on the Lot or in the RV before the Licensee licensed the Lot are considered in totality to be the property of the Licensee and are the responsibility of the Licensee. The concrete pad on the Lot on which the RV is placed or to be placed is not considered to be the property of the Licensee. The Licensor shall not be held liable for any damage done to the property of the Licensee, save for any damage wilfully or negligently caused by the Licensor.
8. Maintenance of RV and Lot
8.00 The Licensee shall keep the Lot and RV neat, clean, and in good repair and use them in such a manner so as not to be detrimental to any other Licensee or to the operation of the Park for health, safety or aesthetic reasons. The Licensee must keep the Lot clean, keep lawns cut, and keep high grass reasonably trimmed around the RV.
8.01 With prior written approval of the Licensor, which shall not be unreasonably withheld, awnings, screen rooms, added rooms, or sheds may be placed on the Lot. Any such improvement or additions must be in compliance with the local zoning, building and related regulations.
8.02 Except in connection with flower or vegetable gardens, the Licensee shall not dig on the Lot without the Licensor's prior written consent or verification by authorities of the location of underground infrastructure systems (electrical, sewer, water, telephone, cable). Any damage done to an underground utility by the Licensee shall be repaired at the Licensee's expense.
8.03 The Licensee must complete any decking and/or landscaping the Licensee intends for the Lot within 180 days after delivery of the unit. The lot needs a minimum presentation within 6 months.
9. Responsibilities of the Licensee
9.00 The licensee is required to respect the privacy and lot lines of other licensees' lots. The Licensee, the Authorized Persons, and the Licensee and guests shall not conduct themselves in a way that disturbs other licensees as determined by the Licensor and shall refrain from illegal activities. The Licensee shall be responsible for the activities and behaviour of persons residing or visiting with the Licensee, the Authorized Persons, and guests of the Licensee.
9.01 The Licensee shall not use or occupy their RV in such a way as to cause the Lot to fail to comply with the terms of this Agreement/rules and regulations and policies or provincial or municipal laws and regulations. The Licensee, Authorized Persons, guests and invitees shall not deliberately or negligently destroy, deface, damage, alter or remove any fixture, mechanical or utility system, or furnishing.
9.02 The Licensee shall be responsible for the expense of maintaining the plumbing, electrical, and other utility service within the RV and from the point at which the service surfaces under the RV or connects to the RV from a service point. The Licensee is responsible for ensuring proper connection of the electric service to the RV. The Licensee is responsible for ensuring that the RV is properly connected to the Park’s septic or sewer and electrical.
9.03 The Licensee shall maintain his/her unit free from rats and reasonably free from insects, vermin and other pests.
9.04 The Licensee is responsible for the maintenance of the Lot, including but not limited to the maintenance of the lawn and driveway, including snow removal from the driveway and parking areas.
9.05 The Licensee is responsible for any damage caused by failing to control water leaks within the RV or disposing of anything other than normal wastewater into the sewage system that may cause blockages, surfacing or backup.
9.06 Household waste that is placed outside the RV shall be stored in watertight and, to the extent possible, animal-proof receptacles of metal or other durable materials with tight-fitting covers. No household waste shall be stored or accumulated under or around the RV or in any structure.
9.07 Upon the termination of the Agreement, the Licensee will leave said premises in as good a state of condition as they were at the beginning of the Agreement, reasonable use and wear thereof and damage by the elements excepted.
10. Responsibilities of the Licensor
10.00 The Licensor will provide the Licensee with adequate and safe electrical service. The Licensor is responsible for maintenance of the electrical service and equipment located outside the RV from the service entrance of the RV park to and including the disconnect and ‘feeder line.’
10.01 The Licensor will provide the Licensee with potable water to meet standard everyday needs. The Licensor is responsible for the maintenance of water lines to the point at which the lines surface from the ground under or close to the RV.
10.02 The Licensor shall provide adequate wastewater disposal that is properly connected to a public sewage system or properly operating subsurface disposal system. The Licensor is responsible for ensuring that the sewage disposal system is serviced adequately to prevent surfacing or back-up. The Licensor is responsible for maintaining the sewage disposal system to the point where it surfaces from the ground to service the RV.
10.03 The Licensor shall provide garbage removal services of frequency and or capacity to keep collection areas clean and fit for use. The Licensor shall not interfere with the appropriate removal of garbage by the Licensee.
10.04 The Licensor shall maintain the RV park grounds and all buildings, structures, enclosures, and equipment intended for the common use of the Licensees in a reasonable state of repair.
10.05 The Licensor is responsible for providing and maintaining the lots in the Park and the Park itself in a reasonable state of repair and occupation and for complying with health, safety, and maintenance standards.
10.06 The Licensor will keep the park roads reasonably free from hazards and ensure safe and reliable ingress, egress and use without unreasonable interruption on a year-round basis. The Licensor will keep park roads reasonably free of potholes and depressions. The Licensor shall provide adequate and timely snow removal and mitigation of any icy conditions.
10.07 The Licensor shall be responsible for the repair of any damage to the Licensee’s property if caused by the wilful or negligent conduct of the Licensor.
11. Access
11.00 The Licensor may enter the Lot with the Licensee's consent, which shall not be unreasonably withheld, between the hours of 8:00 AM and 8:00 PM on no less than 24-hours' notice for the following reasons:
(a) when necessary to inspect the Lot;
(b) to make necessary or agreed to repairs, alterations or improvements;
(c) to supply agreed-upon services;
(d) to exhibit the Lot to prospective or actual purchasers of an RV, prospective Licensees, workers, contractors
11.01 The Licensor may enter the Lot without notice or permission if, in the course of performing repairs, the Licensor discovers that it is necessary to enter the Lot to complete the repairs, provided that the Licensor could not have reasonably foreseen the need to enter the Lot at the time the repairs began. However, the Licensor must first attempt to reach the Licensee by telephone, email, or in person at the RV before entering the Lot.
11.02 The Licensor may enter the RV without notice to, or permission from, the Licensee upon a reasonable belief that there is a likelihood of imminent injury to any person, damage to property or interruption of utility services.
12. Sale of RV Located in Park
12.00 Should the Licensee wish to sell the RV and wish to sell the RV to the Licensor, the Licensor may purchase the RV at the unit market value. If the Licensor does not wish to purchase the RV, the Licensee may continue to put the RV on the market for sale.
12.01 Prior to selling an RV in the Park to a prospective Licensee, the Licensee shall notify the Licensor of the offer for sale. The Licensor retains the right to first refusal and has the right to purchase the RV at the price and subject to the terms and conditions of the offer for sale.
12.02 The Licensor may negotiate on behalf of the Licensee for the sale of the RV pursuant to a written agency contract entered into between the Licensor and the Licensee for the purpose of the negotiations.
12.03 The Licensee must pay a 5% commission to the Licensor if the RV is to stay on the property.
12.04 Any RV will not be allowed to sell for less than the market value of a similar or equal RV in the Park unless sold to a direct family member, which will only include parents, siblings, and children. Discounted units may be allowed in an emergency situation.
12.05 The Licensor must approve the new buyer and has the right to refuse the RV's sale if it is to remain on the property.
12.06 The new buyer will be subjected to a new contract. Term or any previous negotiations will not be valid to the new Licensor.
13. Modifications of the Agreement
13.00 A copy of any new Agreement, Agreement amendment, addition to, or deletion from the Agreement or Code of Conduct superseding or supplementing the terms stated herein will be furnished to the Licensee at least thirty (30) days prior to the effective date of the changed or new Agreement or rule. If the Licensee objects to any modification of the Agreement, the Licensee must notify the Licensor in writing by the proposed effective date of the change or within 30 days of receiving written notice of the modification.
14. Termination of Agreement by Licensee
14.00 The Licensee may terminate this Agreement at any time in writing, stating the Licensee's intention to terminate the Agreement and vacate the premises without penalty.
15. Termination of Agreement by the Licensor
15.00 The Licensor shall pay the Licensee a fee should the Licensor breach the Agreement between the Licensor and the Licensee in a situation limited to the following circumstances:
(a) Redevelopment and/or installation of a park model/module or mobile home units by the Licensor
(a.1) The Licensee will have the first right of refusal to install any of the new units mentioned in (a)
The amount of the Fee payable from the Licensor to the Licensee in the case of either of the above breaches shall be a total of Forty Thousand Dollars ($40,000) for the standard ten (10) year period of the Agreement. This amount will decrease by $4,000 a year as the years go by. For example, after 5 years, the amount will be $20,000.
Note that the above-mentioned Fee is not payable from the Licensor to the Licensee if the Licensee breaches the Agreement between the Licensor and the Licensee or fails to comply with the rules, regulations and policies in the appendix to this contract.
15.01 The Licensor may terminate this Agreement if the Licensee does not comply with the Park rules and regulations.
16. Abandonment
16.00 A RV will be considered abandoned if any of the following conditions exist:
(a) The Licensee has vacated the RV in accordance with a notice of termination;
(b) The Licensee has vacated the RV in accordance with an agreement between the Licensor and the licensee or;
(c) The Licensee has vacated the RV for an entire Season, or;
(d) The Licensee is in arrears of the Licensing Fee for 3 months as referred to in Section 3.05
16.01 The Licensor will make a written request to the Licensee in the case of abandonment and non-removal of the RV, which includes a request to remove the RV or pay the arrears of the Licensing Fee, within thirty (30) days of receipt of the written request from the Licensor.
16.01 If the Licensee does not respond to the written request from the Licensor within thirty (30) days of receipt of the written request, the Licensor may sell or dispose of the abandoned RV in accordance with applicable provincial laws at the Licensee’s expense.
16.02 The Licensor has no liability to any person for selling, retaining, or otherwise disposing of the Licensee’s abandoned RV.
17. Non-Registration
17.00 The Licensee agrees that they, or anyone on the Licensee’s behalf or claiming under the Licensee, shall not register this Agreement, any notice or reference in respect of this Agreement, a caution, or any other instrument or document of any kind against the title to the Lot.
18. Entire Agreement
18.00 This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. This Agreement cannot be changed or supplemented orally. In the event that more than one person shall be or become the Licensee hereunder, then the obligations of the Licensee hereunder shall be deemed to be the joint and several obligations of each such person.
18.01 Upon request, the Licensor will provide a copy of this Agreement at any time.
18.02 This Agreement will remain in effect unless modified or terminated as provided for elsewhere in this Agreement.
19. Governing Law
19.00 This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.
20. Successors and Heirs
20.00 The rights and liabilities of the parties shall ensure the benefit of their respective heirs, executors, administrators and successors subject to any requirement for consent by the Licensor hereunder.
21. Code of Conduct, The rules, Regulations and Policies.
21.00 The 50 Small Park Resort Code of Conduct, rules and regulations and policies are attached hereto as Appendix A, and it, and any future amendments thereto, are expressly made a part of the Agreement, and the Licensee agrees to abide by the Code of Conduct.
22. Notice
22.00 Any notice required to be given to any party hereto shall be sufficient if mailed and addressed as follows:
To Licensor:
To Licensee:
IN WITNESS WHEREOF the parties to this Agreement have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this __ day of ____________, 20__.
_____________________________
______________________________ (Witness)
1668272 Ontario Inc. (Licensor)
______________________________ (Witness)
_______________________________________
(Licensee)
Appendix A
The Rules, Regulations, and Policies for 50 Small Park Resort by 1668272 Ontario Inc.
August 8th, 2022. for the 2022 season
Season Length
• March 1st till December 31st.
Off Season Access
• Before The Park opens and after it closes, The Occupant may schedule a time slot to go to The Occupant's site for maintenance only. These scheduled times must be pre-approved by The Park. Vehicles may be required to park near the entrance. This access is not for recreational use.
Occupancy
• Seasonal fees include 2 Occupants, the Occupant's children or grandchildren under the age of 18 years and 2 vehicles. Gate access is limited to Occupants in registered vehicles with accounts in good standing and valid contracts. The Occupant is responsible for informing The Park of any changes in address, telephone numbers, insurance information or email.
• Proof of permanent address is required. This must be provided through a driver's license or other government-issued ID. After a photocopy of this document is taken, the Occupant has the right to redact information they do not want to share, with the exception of the photo, name and address.
• The Park cannot be used as your permanent residence. This is done by the county of Wilmot and the government of Ontario.
Additional Vehicle
• The Park may limit the number of vehicles on a site. Please keep the limit of 2 cars per lot other than on special events.
• Work vehicles, work trailers, and equipment on wheels may be parked at the visitor parking but asked to be removed by the management at any time. Also, they will be subject to a storage fee of $80 a month if it is for an extended period of time.
Insurance and Indemnity
• Occupants of a site are required to have property and liability coverage on their unit and ancillary property on site (sheds, golf carts, etc.)
• The Park is not responsible for theft, losses, damage, or vandalism at any time in the campground. The Park is not responsible for any loss or damage of any kind due to an act of nature, power outage or electrical issue or septic backups, or water damage.
Deliveries
• The Park will NOT accept the delivery of any mail or packages to the campground. The Occupant is required to have such items delivered to their personal address.
Visitors
• The Occupant must advise the visitor of The Park rules, and the Occupant is responsible for the visitor's conduct and any damages caused by them.
• The Occupant must advise visitors of admission fees that may apply.
• Overnight visitors are permitted to set up a tent on a seasonal site after receiving permission from management. Additional charges for the tent may apply. Tents must be taken down after use and are not permitted to stay up for not longer than three consecutive days.
• Overnight visitors are not permitted to set up an RV on the Occupant's site.
• Any events that include visitors coming into the Park (Birthday parties, anniversaries, etc.), must be preplanned with the entertainment committee or park management. These visitors must be paid for in advance or the visitors must pay for themselves before park entry is admitted.
• With the exception of The Park management and Park groundskeepers, no one is allowed on The Occupant's site without permission. Do not use campsites as a shortcut.
• When a visitor pays their fee, they are registering as a guest. Any person not registered with management is considered to be trespassing on Park property.
• The Park management has the right to ask to leave, refuse entry, or even trespass any visitor who seems intoxicated or is showing bad intentions and behaviours. If management feels that the visitor is involved in any non-legal activities like selling prohibited substances or not respecting the community members in any way, they will be removed. We also ask that all bring this to management's attention immediately.
Supervision of Minors & Swimming Rules
• The Occupant is responsible for the conduct of their children.
• The campground does not provide lifeguards at the swimming areas or attendants at the playground. Parents or guardians are responsible for the supervision of their children.
• Children 12 years of age or under are not allowed near the swimming areas unless accompanied by a parent or his/her agent who is not less than 16 years of age.
• Children 10 years or under must be accompanied by an adult when the child is operating a mini battery-operated car or battery-operated scooter, bike or ATV. The adult must be within 20ft and in direct supervision of the child. They also need to use, at the minimum, a helmet.
• Those under the age of 13 years must have a responsible parent or his/her agent who is not less than 14 years of age on the campground premises at all times.
• Children are not allowed on other campers' campsites unless they have permission from their guardian and the occupant of that site.
• It is the Occupant's responsibility to inform minors in their care of the rules.
Dogs
• The Occupant is expected to clean up after their pets on and off their site.
• Pets must be kept on a leash, except in the designated dog-run area. Walking leashes must be 20 feet or shorter.
• Pets are not permitted in or near the swimming areas or inside any park buildings, except for Certified Service Animals wearing the proper identifying uniform.
• Proof of vaccinations must be provided upon request from The Park.
• If noise is a problem, or The Occupant's pet is offensive in any way to other campers, The Park reserves the right to ask The Occupant to remove the pet from the campground.
Septic
• Do not flush the following down the toilet or sink. Diapers, sanitary napkins, applicators, condoms, cleaning wipes, flushable wipes, or any other wipes, masks, gloves, coffee grounds or other compost, paint, paper towels, or grease.
• The Park highly suggests using 1-ply toilet paper. Never use 3-ply toilet paper.
• Do not use bleaches or toxic drain openers.
• Do not excessively use cleaning products that go down the drain.
• Only approved products may be added to septic holding tanks. Chemicals that destroy the enzymes and bacteria active in septic systems are prohibited.
• PVC Piping is highly recommended for all seasonal campers.
• It is The Occupant's responsibility to inspect their septic connection for loose fittings, cracked pipes, or odours.
Water, Washing, & Water Conservation
• Practice water conservation at all times. The Park may restrict water usage.
• Small Kiddie Pools are allowed. Only one kiddie pool per site. They must be no larger than 5ft in diameter and filled with no more than 4 inches of water. Water cannot sit idle and must be emptied regularly to prevent mosquitoes.
• Washing of trailers is permitted during off-peak water usage times.
• Do not excessively water gardens and flowerbeds.
• The Occupant must repair any running toilets or dripping taps.
• Any act or attempt It is The Occupant's responsibility to inspect their water connection for drips or cracked hoses.
Hydro
• Hydro will be charged monthly in the cold months as the consumption is high. There may be a time when Hydro is only billed every 2 months.
Use of Site and Common Areas
• The speed limit in the campground is 10 km/hr or less.
• No gas power unlicensed vehicles are allowed other than for Park services, dirt bikes, ATVs etc. That is, gas-powered is not permitted. They need to follow the rules here and under the golf cart section if electric.
• Bicycles should not be used by anyone under 14 after dark if not equipped with proper lighting.
• Abusive language or profanity will not be tolerated.
• Glass cups or bottles are not permitted off The Occupants' site.
• Waterloo Wireless is the sole provider of the internet for The Park. No other internet provider is allowed to access the Park to provide internet.
• With the exception of The Park management and its team, no one is allowed on The Occupant's site without permission. Do not use campsites as shortcuts.
Noise
• Please be considerate of your neighbours. But especially from 11:00 pm to 9:00 am during the week and from 12:00 am to 10:00 am on Fridays and Saturdays. All activities must be turned to a minimum at 11:00 p.m. on weekdays and midnight on weekends, which includes radios and amplified instruments. The Occupant and their overnight guests may still enjoy a quiet campfire and a good conversation after 11:00 p.m.
• Excessive noise at any time will not be tolerated. Other than working equipment and tools while under construction.
• No firecrackers or fireworks unless approved by management.
• Any complaints should be directed to management as soon as possible.
Acts of violence and Vandalism
• Any act of physical violence or even an attempt between occupants of the Park will be analyzed and investigated correctly, and the tolerance for these actions is absolute Zero.
• Any act or attempt of violence against children.
• Any act or attempt of violence to animals (pets) of your or others.
• Any act or attempt of any form of vandalism to your or other's property.
These will be penalized with bans from 30 to 90 days in a minor case. In case of a significant incident, this will result in eviction and termination of the License of Occupation immediately. These will also be reported to the local authorities. Everything that belongs to the Occupant found guilty will have all of them removed from the Park with no chance of selling or donating to others in the Park. No business or presence of the individual or individuals will ever be allowed on the property again.
Site Maintenance, Projects & Repairs
• All projects, large or small, must be approved by The Park management.
• Building permits may be required for some projects.
• No digging or placing of stakes due to underground services without checking with management.
• The Occupant is responsible for keeping their site mowed, neat and free of unnecessary items. The Occupant is responsible for leaf and pine needle clean-up. The Occupant is also responsible for keeping gravel driveways free of large or excessive weeds. If The Occupant cannot do this, The Park will complete it and charge accordingly.
• The Occupant is responsible for keeping the exterior of their trailer in good visual appearance. If The Occupant is unable to do this, The Park will complete it and charge accordingly.
• Fences over 6 feet in height are not permitted.
• The Park reserves the right to demand repair or removal of any item not permitted by management, the county, or on The Occupant's site.
• There can also come a time when the Park may require the removal of trailers and equipment from The Occupant's site in order to complete maintenance and improvements.
Non-Permitted or Restricted Items
• Trampolines are not permitted.
• No gas-powered ATVs, dirt bikes, or mini bikes.
• Storing boats, vehicles, utility trailers, additional camping units, or other non-camping equipment on the Occupant's site is not allowed, only in designated areas and with management approval.
• Any firearms
Service
• The Park reserves the rights to the sale of trailer repairs, service, and deck or shed building within the Park.
• Site Occupants may complete repairs to their own equipment, with the exception of repairs that require qualified technicians.
• If The Park makes an exception and allows a tradesperson or contractor to work on The Occupants trailer, The Occupant has it approved by management. Before any work is done, tradespersons or contractors must provide a copy of Worker's Compensation coverage or Liability Insurance if self-employed.
Add-a-Rooms, Slideout Covers and Ridged Awnings
• The Park reserves the rights to the sale of all Add-a-rooms, Slideout Covers and Ridged Awnings.
• Hard-roofed gazebos and Soft-top gazebos must be 10' x 16' or smaller. Soft top gazebos must be in good visual condition.
Decks
• The top surface of a deck must be built with a minimum of a 5/4" deck board in wood or any other deck material.
• Any deck over 24" will require a permit.
• Any deck 24" or more at its highest point off the ground is required to have a railing attached.
• Railings must be a minimum of 36" high. The space between each railing must be 3 ½" or less. Railings must be installed vertically.
•Privacy walls must not exceed 6' in height. They are only allowed on the short side of the deck. Only one side may have a privacy wall.
Sheds
•All sheds must be in accordance with the new legal requirements, with no permit necessary for structure size. These may not exceed 160 square feet and are not higher than 14,2 feet in height. No more than 2 sheds are permitted.
Campfires, Firewood and Trees
•Firewood must be stacked neatly away from the road and must not be an eyesore. Do not stack firewood against trees.
•Fires must be moderate in size and never unattended.
•In the event of a fire ban, The Occupant is expected to comply with the ban.
•The Occupant is not permitted to move their firepit without prior checking with The Park and their neighbour
•If The Occupant thinks tree trimming is needed, they must approach The Park. The Park will determine if it is necessary. The Occupant is prohibited from removing, damaging or trimming any live or dead trees without The Park's permission.
•Do not nail, chain, or tie anything around or on any live or dead trees. This includes, but is not limited to: decorations, lights, birdhouses, screws, or nails. Some exceptions, like temporary decorations for park events, may be taken down after the event and attached without puncturing or damaging the tree.
•If The Occupant wants to plant a tree or shrub, they must have management approval prior to planting. Once planted, the tree becomes the property of The Park and cannot be removed without The Park's permission.
Garbage & Waste
•Dispose of all wastes properly. See management for the location of the metal scrap pile, burn bin, and the pile for broken patio stones.
•Do not place refrigerators, plastic furniture, e-waste, paint, tires, couches, propane bottles, mattresses or other large items in or around the garbage bins. It is your responsibility to remove these items from the Park. The bins are for household trailer garbage only. The Occupant can pay The Park to remove these items. Do not bring garbage from home or outside the Park into the Park.
•If The Occupant was found to dispose of garbage improperly, they will be charged a dumping fee of $500.
Alcohol, Smoking and Vaping
•According to provincial law, alcohol may only be consumed on The Occupant's site and in their trailer.
• Lawful consumption of alcohol and the smoking or vaping of tobacco, cigarettes, or cannabis is permitted on The Occupant's Site only and is prohibited in all common areas of the Park.
• The Occupant is responsible for ensuring that underage drinking and underage consumption of cannabis does not occur on their site.
• The Occupant shall not cultivate, produce or distribute cannabis anywhere on park lands, the site or in The Occupant's trailer.
• In the event that consumption or smoking on The Occupant site is the subject of valid nuisance complaints by other Occupants or their visitors, as determined solely by Park management, then The management may further restrict such on-site consumption or smoking as deemed by management to be appropriate.
• Use of illegal drugs anywhere in the campground will result in eviction and possible termination of License of Occupation.
Golf Carts
• Solo drivers must be older than 16 years of age. Young drivers must produce age proof if any adult at the Park asks for it. Everyone's responsibility is to ensure the safety of the people in the park.
• No driving while under the influence of alcohol or cannabis.
• Speeding, racing, and cart overload are dangerous and not permitted. The max speed is 15 km/hr. The maximum number of riders will equal the number of seats.
• Each cart must have front and rear lights if driven after dusk.
• Each cart must be adequately insured with a copy of proof of liability insurance.
• Only electric golf carts are allowed. Only electric golf carts are permitted.
• The ability to drive or keep operating a golf cart at the Park will always be at the park management's discretion.
All of the above will have consequences if not followed. There will be verbal warnings and, if necessary, written warnings. The penalties can be financial, but in the worst-case scenario, the brief of the contract and the inability to continue with the License Agreement.
So please follow these rules and those that are common sense. This is a recreational property and a place of business for the park owner and those who decide to have a short-term business operation. This should also be a place of joy, happiness, and friendship, a place of relaxation, and to create memories. Let's work together to have a place many can only dream about.
Any formal complaint should be directed to me only, as I am the GM. I will also ask you to send the complaint by email to [email protected]
Thank you,
Jason Araujo
Off Leash Dog Area
