CONSERVATION AREA SEASONAL CAMPING LICENCE APPLICATION

Transcription

1 Grand River Conservation Authority CONSERVATION AREA SEASONAL CAMPING LICENCE APPLICATION "Camping Season" from May 1, 2018 to October 15, 2018 THIS APPLICATION FOR A LICENCE TO CAMP ON A SEASONAL BASIS during the dates first set out herein above (the "Camping Season") on the campsite indicated herein below (the "Campsite"), located on the above-indicated conservation area owned and operated by Grand River Conservation Authority (the "Conservation Area"), is made to Grand River Conservation Authority ("GRCA") by the applicant camper(s) indicated herein below (the "Applicant Camper"). Name of Conservation Area: Campsite #: Applicant Name 1). First Last Permanent Home Address: Mailing Address: Telephone # s (Day/Evening/Cell): Address: Vehicle Licence Plate #: Emergency Contact Name & Tel.: Photo ID - Driver s Licence Checked: Staff Initials: Trailer Insurance Checked: Staff Initials: Name(s) of additional persons (the eligible campers ) for the Campsite (max 5 campers in addition to applicant camper): 2) first: Last: 3) first: Last: 4) first: Last: 5) first: Last: 6) first: Last: 1

2 Vehicles and Trailers registered to the Campsite (Make/Model/Licence Plate #): APPLICANT CAMPER I/We have read and agree to the terms and conditions of this Seasonal Camping Licence Application and the Schedules attached hereto. I/We agree to abide by such terms and conditions and by the Conservation Area rules, regulations and campsite standards. I/We understand that I/we assume all responsibility for the Campsite and the contents thereof, and for the actions of all persons I/we permit to enter or occupy the Campsite. Date of Application: Witness Signature Applicant Camper s Signature Witness Name (Please Print) Applicant Camper s Name (Please Print) APPROVAL BY GRAND RIVER CONSERVATION AUTHORITY This Seasonal Camping Licence Application is hereby approved by Grand River Conservation Authority. Date of Approval: GRAND RIVER CONSERVATION AUTHORITY Per: Name: Karen Armstrong Position: Deputy CAO 2

3 TERMS AND CONDITIONS I. The Applicant Camper hereby applies for a licence to use the above-noted Campsite (i.e. to occupy the campsite, and to store a trailer at the campsite) for the Camping Season. The Applicant Camper also applies for use of all common areas of the Conservation Area for the Camping Season on the terms and conditions listed below. This licence is personal and cannot be assigned or transferred. II. For the purposes of this application/agreement, A. this "agreement" shall refer to this application, the terms and provisions herein contained, and the licence granted hereby; B. the term "trailer" is defined as a mobile unit of occupation and includes any additions, improvements and/or ancillary facilities such as a shed, deck, sunroom, and associated landscaping; C. the term "guests" shall include all eligible campers, visitors or other persons attending at the Campsite and/or the Conservation Area at the Applicant Camper s invitation and/or with their permission. III. IV. The Applicant Camper agrees that the Campsite shall be used by the Applicant Camper and all guests only for seasonal or temporary periods of time and for recreational vacation purposes. The Applicant Camper further agrees that he/she and all guests shall maintain a permanent residence elsewhere. The Applicant Camper acknowledges and agrees that this licence is for a seasonal period and that the Residential Tenancies Act of Ontario, as amended, shall not have application. FEES, DEPOSITS, CHARGES - All fees, deposits and charges related to this agreement are due according to the "Fees, Deposits, Charges and Payment Schedule" for services and facilities provided at the Conservation Area, which is attached as Schedule "1" hereto. The terms and conditions respecting any refund requests are also set out in the said Schedule "1". Any security or other deposits will be held in a non-interest bearing account. V. TAXES AND ASSESSMENTS The Applicant Camper acknowledges and agrees that recreational trailers in seasonal trailer parks may be considered structures under the Assessment Act of Ontario, and therefore may be subject to assessment and taxation. Assessed values are determined by the Municipal Property Assessment Corporation based on characteristics of permanency. In addition to the fees, deposits and charges itemized in Schedule 1 hereto, the Applicant Camper agrees that any taxes assessed to trailers and personal property on the Campsite is the responsibility of the Applicant Camper and shall pay same when due and owing. VI. NOTICE - If the Applicant Camper has reason to give notice to GRCA, notice shall be delivered personally or sent by registered mail to the following address: Grand River Conservation Authority, 400 Clyde Road, PO Box 729, Cambridge, Ontario, N1R 5W6. If GRCA has reason to give notice to the Applicant Camper, GRCA will send notice by regular or registered mail to the permanent home address as provided. Any change in address shall be provided in writing by way of registered mail. Any notification sent by 3

4 mail under the terms of this agreement is deemed to have been received five (5) working days after it was posted. VII. VIII. IX. RULES - The Applicant Camper acknowledges receipt of and agrees to comply with the Conservation Area rules, regulations and campsite standards attached hereto as Schedule "2", and hereinafter referred to as "the rules". The rules may be modified at any time and from time to time at the discretion of GRCA. The Applicant Camper further agrees that GRCA s management and staff (including but not limited to the Area Superintendent) are responsible for the interpretation and enforcement of the rules. Notice is hereby given that entry to the Conservation Area is permitted only for activities conducted in accordance with the licence, the rules and the regulations made under the Conservation Authorities Act of Ontario as they exist from time to time, and all other activities are prohibited in accordance with the provisions of the Trespass To Property Act of Ontario, as amended from time to time. The Applicant Camper further agrees to comply with all other applicable municipal, provincial or federal laws and regulations. The Applicant Camper agrees to and promises to inform all guests of the Conservation Area rules and the applicable laws and regulations, and agrees that he/she is responsible for ensuring that his/her guests comply with the rules. MAINTENANCE - If the Applicant Camper neglects the campsite standard of maintenance and care of their Campsite as outlined in Schedule "2", they may receive a written warning by GRCA or GRCA s staff or agent. X. If, after receipt of a written warning by GRCA, the Applicant Camper continues to neglect the campsite standard of maintenance and care, the Applicant Camper shall be deemed to be in breach or default of this agreement, and, in addition to any and all rights and remedies conferred under this agreement and under the laws of the Province of Ontario and Canada, which the GRCA reserves, GRCA s staff may (but shall not be required to) perform the work required to bring the Campsite up to the said standard at a rate of $30.00 per hour per staff person. The Applicant Camper shall be responsible for payment of any work completed by GRCA. XI. XII. XIII. XIV. The Applicant Camper agrees that GRCA and/or its staff or agents shall have access to the Campsite for the purposes of Conservation Area maintenance, operations, servicing, development and security. Any trees or shrubs planted on the Campsite becomes the property of GRCA and shall not be removed by anyone other than GRCA from the Campsite. NO ASSIGNMENT - The Applicant Camper shall not sell, transfer, lease, sublet or assign the Campsite or the trailer on the Campsite and/or their right to occupy the Campsite without the prior written consent of GRCA. GRCA has the right to withhold consent at its absolute discretion. LIMITED LIABILITY - The Applicant Camper agrees that GRCA shall not be liable for any loss, injury or damage to persons or property resulting from use, occupation or such being on or about the Campsite or the Conservation Area, whether caused by fire, smoke, theft, collision, burglary, the condition or arrangement of any electrical wiring connection or fixture, conditions due to the weather such as rain, snow or ice, or for any cause whatsoever. The Applicant Camper agrees that the use and occupation of the Campsite, 4

5 the Conservation Area or its facilities is solely at the risk of the Applicant Camper and guests. Without limiting the generality of the foregoing, GRCA shall not be liable for events beyond GRCA s control which may interfere with the Applicant Camper s use or occupancy of the Campsite or the Conservation Area, including but not limited to acts of God, acts of governmental agencies, fire, strikes, war, inclement weather or noise from nearby construction sites. NO REBATE OR REFUND will be offered in these circumstances. XV. XVI. RELEASE - The Applicant Camper HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES GRCA, its 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 HOWSOEVER CAUSED arising or to arise by reason of occupation of the Campsite and use of the Conservation Area or otherwise, whether prior to, during or subsequent to this agreement, AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the aforesaid. The Applicant Camper further undertakes to indemnify all of 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 this agreement and the use and occupation of the Campsite or the Conservation Area by the Applicant Camper and his/her guests. INSURANCE - The Applicant Camper states and agrees that he/she shall possess and maintain adequate personal liability and property insurance coverage in respect of the licence, his/her trailer, improvements and vehicles and his/her use and occupation of the Campsite. XVII. CONTRACTOR LIABILITY The Applicant Camper states and agrees that he/she shall require all contractors engaged by the Applicant Camper and who are entering the Conservation Area to maintain, in full force and effect, public liability and property damage insurance for a minimum of five million ($5,000,000.00) dollars per occurrence, in the aggregate, to be in good standing with WSIB, and have proof of insurance and WSIB available upon request. The Applicant Camper agrees it will notify the GRCA in writing or the designated Park Superintendent that a contractor will be entering the Conservation Area for purposes of providing a service to the Applicant. XVIII. REMOVAL ON EXPIRY/TERMINATION - Upon expiry of the Camping Season (unless the Applicant Camper has completed an application for the subsequent off-season trailer storage, received approval of such application by GRCA and paid the associated fee) or upon earlier termination of this agreement, the Applicant Camper shall, at its sole cost, remove all trailers, improvements, vehicles and other items of personal property belonging to him/her or to his/her guests from the Campsite and Conservation Area, and shall, at its sole cost, repair any and all damage caused to the Campsite or to the Conservation Area by such trailers, improvements, vehicles and other items or by the removal thereof. XIX. GRCA S RIGHTS ON DEFAULT - If the Campsite is abandoned, or if the Applicant Camper fails to pay any fees or charges owing under the agreement, or if the Applicant Camper or his/her guests fail to adhere to the Conservation Area rules or to the applicable municipal, provincial or federal laws and regulations, or if the Applicant Camper breaches or defaults on any other term or condition of this agreement, GRCA shall, in addition to any and all rights and remedies conferred under this agreement and under the 5

6 laws of the Province of Ontario and Canada, which the GRCA reserves, have the following rights at its option: A. GRCA may disapprove this application and/or any subsequent application(s); and/or B. in the event this application has been previously approved, GRCA may, immediately terminate this agreement and revoke any licence granted under this agreement without refund, and re-enter upon the Campsite and repossess the Campsite; and/or C. any deposit held by GRCA shall, at GRCA s option, be forfeited as liquidated damages and not as a penalty; and/or D. GRCA may sue for any overdue fees and for charges or damages arising out of a breach or default of this agreement together with interest, legal costs and any other costs of any nature or kind which may be incurred in repossessing the site, removing property therefrom and collecting overdue payments or damages; and/or E. GRCA may bar the Applicant Camper and/or his/her immediate family and guests from: 1. occupying the campsite without the consent of the designated Park Superintendent, which must be provided in writing; 2. using the common areas of the Conservation Area or attending or participating in any common activities as may be held in the Conservation Area; and/or F. GRCA may exercise its removal and recovery rights under this agreement. XX. XXI. ABANDONED - The Campsite and any and all personal property located on the Campsite will be deemed abandoned when: A. by or before 4:00 pm on May 15 of the Camping Season, the Applicant Camper has not completed this Seasonal Camping Licence Application for the Camping Season, received approval of such application by GRCA and complied fully with the Fees, Deposits, Charges and Payment Schedule for the Camping Season; or B. by or before 4:00 pm on the last date of the Camping Season, the Applicant Camper has not vacated the Campsite and has not completed an application for the subsequent off-season trailer storage, received approval of such application by GRCA and paid the associated fee; or C. at any time, this agreement is terminated and the licence granted hereby revoked for any reason. REPAIR and STORAGE LIENS ACT - In the event the Campsite is abandoned or is deemed abandoned under the terms of this agreement, the Applicant Camper agrees that: A. each trailer, vehicle and other goods or property of the Applicant Camper remaining on the Campsite or located elsewhere in the Conservation Area shall be deemed to be an article as defined in the Repair and Storage Liens Act of Ontario (hereinafter referred to as the "RSLA", which shall include all amendments and its successor legislation) and GRCA shall be deemed to be a storer and a lien claimant under the RSLA with respect to same; and B. each trailer, vehicle and other goods or property of the Applicant Camper remaining on the Campsite or located elsewhere in the Conservation Area may be removed by GRCA to whatever location GRCA deems appropriate, and GRCA in such removal and storage shall not be liable for any loss or damage thereby occasioned; and 6

7 C. the Applicant Camper shall be responsible for any and all storage costs and moving costs incurred, together with any outstanding fees or charges or any other monies due under this agreement; and D. GRCA may recover such costs, fees, charges or other monies owing in accordance with the provisions of the RSLA. XXII. No condoning, excusing or overlooking by GRCA of any default, breach or nonobservance by the Applicant Camper or his/her guests at any time or times in respect of any covenants, provisos or conditions herein contained shall operate as a waiver of GRCA s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by GRCA save only an express waiver in writing. All rights and remedies of GRCA in this agreement contained shall be cumulative and not alternative. XXIII. By his/her signing of this Seasonal Camping Licence Application, the Applicant Camper hereby represents and warrants that he/she has the authority to sign on behalf of guests or other persons attending at the Campsite from time to time. XXIV. When this Seasonal Camping Licence Application is completed and signed by the Applicant Camper and thereafter is approved and executed at the discretion of GRCA, the application becomes an agreement in support of a licence to occupy the above noted Campsite. XXV. This agreement and any licence granted hereby, including the schedules hereto and such other documents and things expressly deemed by this agreement to be included in this agreement or in a schedule hereto, shall constitute the entire arrangement between the parties and the agreement does not include any verbal representations or warranties. In this agreement, unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders. XXVI. This agreement and any licence granted hereby shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 7