790 Elm Tree Road! Little Britain, ON K0M 2C0! Phone: (705) 879-4442 E-Mail: info@mariposaestates.ca Web: www.mariposacreekestates.com BETWEEN: LICENSE OF OCCUPATION Mariposa Creek Estates (Hereinafter referred to as the Owner or Resort ) -AND- Name: (the Licensee ) Principal Residence Address: City/Town: Province: Postal Code: Telephone: Cell Phone: Driver s License #: Date of Birth: Vehicle License Plate: Email Address: The Owner has agreed to give a License of Occupation to the Licensee for the following site with the services specified: Lot/Unit The Licensing of the above site by the Owner to the Licensee shall be in consideration for and subject to the following terms and conditions: Site fee of $ Plus $ 13% HST per month not including phone, Internet or cable. All utilities (excluding septic), taxes, permits, etc. are the responsibility of the Licensee whether charged within the term of this agreement or otherwise. (e.g. MPAC may assess back up to a 3-year term) The Licensee agrees to abide by the resort rules attached hereto as Schedule A and the eligible family members also agree to abide by the resort rules. The Licensee and eligible family members agree to abide by the terms of the within
contract. The Licensee acknowledges that sites and fees are based on a 2-person maximum occupancy basis. All other family members will be considered guests. 1) This License is personal to Licensee and those eligible family members listed below, in accordance with the resort rules and regulations, which are attached hereto as Schedule A. Name Date of Birth Relationship to Licensee 2) It is understood between the parties that the zoning for the resort is Tourist Commercial and operates as a commercial recreational campground or trailer park. It is further understood and acknowledged by the Licensee that the legal rights of the parties are governed by the Inn Keepers Act of Ontario, NOT with the Residential Tenancies Act (RTA) of Ontario as per section 5 (a) of the RTA. It is agreed and understood between the parties that the intended use that is made of the site is for temporary, seasonal recreational accommodation. As well, during any use of the site by the Licensee, the Licensee shall maintain a principal residence (as defined by the Income Tax of Canada) at a location other than the Resort. It is agreed and understood between the parties that the word temporary may include periodical or recurrent use pertaining to the four seasons of the year but shall not include accommodation that is occupied continuously for 12 months in any given year. Licensees have access to seasonal use of their site and services are operated 365 days a year, save and except at the discretion of the owner, provided they have a current License of Occupation completed, they are in compliance with al resort rules and regulations, and all accounts in good standing or in case or cases of emergency. a) It is expressly acknowledged by the Licensee that the City of Kawartha Lakes bears no responsibility whatsoever as to the condition of the resort or its infrastructure including the water and septic systems. The Licensee further agrees that the City of Kawartha Lakes has no responsibility legal or otherwise in maintaining or repairing said infrastructure as the result of a failure, neglect or any other reason. 3) This License shall be automatically renewed solely at the discretion of the Owner every six months, save and except any adjustment in the fees charged, unless terminated by either party, in writing, at least 30 days prior to such termination. It is acknowledged the License of Occupation is to be signed and completed annually based on or before the anniversary date of May 1. The licensee further acknowledges that upon the Owner s exercise or discretion not to renew the License, or any refusal by the Licensee to sign or renew a new license of Occupation, will result in the immediate termination of this License of the Licensee agrees to remove their property forthwith from the resort upon receiving 14 days written notice by the Owner. Operation of this term shall survive termination of this agreement until such time as the site is vacant of the Licensee s possessions. 2
4) It is agreed and understood between the parties that the word trailer shall include Park Model Trailers as defined by the C.S.A. Standards Z 241 but shall not include Mobile Homes as defined by the C.S.A. Standards Z 240 or A277. Park Model Trailers are defined in the Ontario Building Code (Sec. 9.39.1.1) to be used or intended to be used as a seasonal recreational building of Seasonal occupancy. A manufactured addition with kitchen facilities prohibited not exceeding 50 sq. meters is also permitted when purchased through the resort. No trailer, manufactured addition or deck shall be considered a permanent structure and will be designed and constructed to facilitate moving or relocation if ever necessary, No structure shall be erected or installed on the site without the Licensee first obtaining written approval of same by the Owner. 5) It is understood that visitor rates are only applicable when the Licensee (s) is not present at the resort. The owner shall determine the rate. 6) This License is for the occupation of the site specified only and the licensee acknowledges that he is a Licensee with respect to any facilities assigned to him and is deemed to have willingly assumed, without restriction, all risks arising out of his use of the site and the resort. 7) All charges for a deposit, storage, rent, services, etc. are due and payable when invoiced. There shall be no adjustment in fees because of temporary interruptions in services provided. Trailers in the resort are not to be removed from the campground by the Licensee or their agent unless and until all outstanding fees and charges are paid in full. 8) All deposits are non-refundable and are held against the final balance owing in any year. If the deposit is forfeited it is as liquidated damages and not as a penalty upon breach of any term of this agreement. 9) In addition to the specified site, the Licensee shall have the use in common with others so entitled to all common areas provided without additional charge. 10) In addition to the foregoing, the Licensee shall pay in addition any taxes, assessments, levies, or license fees imposed by any authority on or as a result of any equipment, fixtures, improvements, furnishings or vehicles erected, placed or left on the site by or on behalf of the Licensee which additional charges shall be payable immediately upon receipt of any notice or demand for payment received by the Owner and conveyed to the Licensee. 11) The Licensee hereby acknowledges receipt of and agrees to be bound by the terms and conditions of the rules of the resort as presently in existence, being Schedule A hereto, or as may be reasonably established or at the discretion of the Owner modified from time to time. Amendments to this License, at the sole discretion of the Owner, may be instituted with written notice to the Licensee. The Owner reserves this right to change or amend at their discretion. Said amendment will allow the licensee to terminate the License and leave the resort with no penalty upon written notice to the licensor within seven (7) days of receipt of such amendment. 3
12) The Licensee hereby undertakes and agrees that he will inform any family members specified in this License or otherwise, as well as guests, visitors or other persons attending at the Licensee s site as to the resort rules, from time to time. The Licensee is responsible for the observance of the resort rules personally or by his immediate family members, guests, visitors or other persons attending at the Licensee s site or in the resort with the Licensee s permission or knowledge. 13) Any failure to remit any payments required under the terms of this agreement and any breach of any of the rules of the resort by the Licensee, his immediate family members, guests, visitors or other persons attending at the Licensee s site, shall be deemed to be a breach of this License and this License may be immediately terminate at the option of the Owner. 14) The Licensee hereby authorizes and directs the Owner, upon termination of this License for any reason and upon Notice per paragraph 3 herein, to act as the licensee s agent for the securing and/or removal of any of the Licensee s property from the above site, or elsewhere in the resort, and the Owner shall not be liable for any damages thereby occasioned. 15) The Owner assumes no responsibility for any loss through fire, theft, collision or otherwise to trailers, additions, improvements or cars or their contents, regardless of cause. The licensee agrees that the use of the resort or its facilities is solely at the risk of himself, his family and guests. The Owner shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Licensee, any member of the Licensee s family or any guests, agents or visitors permitted on the resort lands by the Licensee. 16) The licensee, his family and his guests, for themselves, their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE the Owner, his agents, servants, successors and assigns OF AND FROM ALL CLAIMS, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damages to himself, his family or guests or their property HOWSOEVER CAUSED, arising or to arise by reason of occupation of the above mentioned site and use of the resort or otherwise, whether prior to, during or subsequent to this AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the aforesaid. The Licensee further undertakes on his own behalf and on behalf of his family and guests to indemnify all the aforesaid from and against any and all liability incurred by any or all of them arising as a result of or in any way connected with the License. 17) The Licensee hereby undertakes and agrees to abide by all the terms and conditions of any applicable municipal provincial or federal laws and regulations and any failure to do so may be deemed to be by the Licensee, his immediate family, guests, visitors or others attending at the Licensee s site with the Licensee s permission, a breach of this License. 4
18) The address for notification under the term of this License, or otherwise, shall be via; e-mail, hand delivered or at the principal residence address as set out above, unless written notice of a change has been given by regular first class mail. Any notification pursuant to the terms of this License shall be deemed to have been received five working days after it was posted. 19) In the event of any default of any of the terms and conditions of this agreement or refusal to complete and renew an updated License of Occupation agreement, the Owner shall have the following rights: a) On fourteen days prior written notice delivered, or deemed received under the terms of this License of Occupation of the above site, the Owner may repossess the site and terminate the contract. b) To sue for any overdue payments or damages arising out of a breach of this License together with interest, (at the Court s of Justice Act Rate), Legal Costs on a substantial indemnity basis together with any other costs of any nature or kind which may be incurred in repossessing the site and collecting overdue payments or damages. c) To seize any goods or property on the site subject to any applicable provisions of the law and to sell the same to recover any monies or damages owing. The Owner is not responsible for damage to any goods or property seized. d) To bar the Licensee, his immediate family, guests, visitors or other persons attending at the Licensee s sites with the Licensee s permission from: i) Staying past 8:00 pm on any night of the aforementioned fourteen (14) days; ii) Attending or participating in any common activities as may be held in the resort. 20) The Licensee acknowledges and agrees that no sales shall be advertised or conducted on any site and the Owner strictly reserves the right to act as thee exclusive sales agent within the resort. 21) This License is personal to the Licensee and is not assignable. 22) In the event that this site shall be repossessed under the terms of this License, any goods including any trailer that the Licensee has left on the site shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario, (hereinafter referred to as the Act ), may be removed by the Owner, who shall be deemed to be a lien claimant and storer under the Act, to whatever location the Owner deems appropriate and the Owner in such removal and storage will not be responsible for any loss or damage to such goods. The Licensee will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and the Owner may recover costs and/or monies owing in accordance with the provisions of the Act. 23) Notice is hereby given that entry to the resort is permitted only for activities conducted in accordance with this License and the rules and regulations as they exist from time to time and all other activities are prohibited in accordance with the provisions of The Trespass To Property Act, R.S.O., 1990 c. T.21, as amended from time to time. Any person violating this notice or failing to leave the premises immediately when directed to do so shall be in violation of the said Act and may be prosecuted in accordance with its provisions. 5
24) The Licensee of a site shall exercise such care as is reasonable in the maintenance of the site during his occupancy to see that persons entering on the site and the property brought on the site by those persons are reasonably safe while on the site and shall save the Owner harmless from any claims as a result of the failure of the Licensee to do so. 25) A waiver of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver of any of the other terms and conditions of this other than those specifically waived and in no event shall any waiver be deemed to be a continuing waiver. 26) By his/her signing of this License, the Licensee hereby represents and warrants that he/she has the responsibility and/or authority to sign on behalf of family members, guests, visitors or other persons attending at the site from time to time. 27) The Licensee further agrees that while his trailer and equipment of any nature is on the Owner s premises, he will not hire or permit any person or any company, other than the Owner or their agent to perform any labor thereon or to make installation of equipment thereof; it being understood that the owner does not permit any competitive labor or services to be performed on its premises without its express written authorization. The foregoing limitation is not intended to prevent the Licensee, his family or a management approved contractor (provide valid proof of contractor s license and insurance) from doing such work provided such work is done in accordance with all pertinent laws and/or regulations and has been approved in writing by the Owner. All work must be completed in accordance to the Ontario Building Code. No add-ons, additions or site improvements shall be incorporated without prior written approval. If such approval is granted, such add-ons, additions or improvements must be incorporated so as not to impede the expeditious vacating of the site and removal of the Licensee s property. Building Permits for such add-ons, additions or improvements are the responsibility of the Licensee. 28) The indemnify provisions of this License of Occupation and the Owner s rights in respect to any failure by the Licensee to perform any of its obligations under this License shall remain in full force and effect notwithstanding the expiration or earlier termination of the License. 29) This License, including the schedules hereto, shall constitute the entire arrangement between the parties. There is no representation, warranty, condition or collateral agreement affecting this document other than as expressed herein in writing. This License shall be read with all changes of gender and number required by context. 30) It is understood that complications, freezing, etc. to the trailer due to temporary interruptions in services are the sole responsibility of the Licensee. The owner assumes no responsibility for any damages resulting from such interruptions. Likewise, the owner is not responsible for any damages caused from the Licensee s extended absence or malfunctions in heating systems, etc. 6
31) Any legal fees of the Owner caused by the Licensee (s) or their family or guests over the administration and/or enforcement of this License or any resort rules and regulations are the sole responsibility of the occupant(s). No unit shall be removed from the property until such legal fees are paid in full and if the Licensee(s) is permitted to stay in the resort after the dispute which has caused the Owner to seek a legal opinion/action has been resolved the Licensee(s) shall pay said fee upon request. ATTACHED TO AND FORMING PART OF THIS AGGREEMENT IS A SCHEDULE A This Agreement signed the day of, 20, at Little Britian Ontario shall be binding upon the heirs, executors, administrators and assigns of the parties hereto. Signed and Delivered in the presence of Mariposa Creek Estates Representative (print) Name of Licensee (Print) Signature of Mariposa Creek Estates Representative Signature of Licensee I, the named Licensee for the specified site acknowledge providing the personal information pursuant to this contract and confirm the accuracy of the same. I, also consent to the disclosure of personal information for the use of the owner as required from time to time to administer and enforce this agreement between the parties to this contract. Date: Signature of Licensee 7