Hillside Lake Park

2020 SEASONAL LICENSE OF OCCUPATION -10 MONTH


This License of Occupation is between HILLSIDE LAKE PARK RECREATION INC. (Owner/Operator/Land Owner) and

Occupant 1

Legal Name

Phone

Email  

Note – Please enter the best email address above for us to reach you with updates about the park, winter billing and so forth.

Occupant 2 (please type “not applicable” in Legal Name if single occupant)

Legal Name

Phone

Email  

Mailing Address

 

 

 

Golf Cart

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Fees

The Owner has agreed to license the Occupant to use site # with the specified services for 10 Months of the 2020 Season with no occupancy for 2 consecutive months in 2020.

Sites Fees – $3,885.00 + HST    Fees include sewer and water. Extra fees include (but are not limited to) hydro, propane, assessment fee, and visitors.

The Licensing of the above site by the Owner to the Occupant(s) shall be in consideration for and subject to the dates, terms and conditions listed above and those which follow. It is expressly acknowledged that there is no representation or assurance by the Owner to the Occupant(s) that this license will be renewed annually and absent any written agreement of renewal of this license for any period, the Occupant(s) shall vacate the site at the end of the term. Occupancy and use of this site is restricted to 2 occupants who are at least 50 years of age and for seasonal and recreation use only. The Occupant(s) agree to abide by the campground rules and regulations attached hereto as “Schedule A” and the terms of the License of Occupation and will ensure other permitted Site users abide by the terms of this license agreement, specifically but not limited to Sections 1 through 4.

I/We, the named Occupant(s) for the specified site acknowledge providing the personal information pursuant to this contract and confirm the accuracy of the same. I/We, the named Occupant(s) consent to the disclosure of this personal information for the use of the owner or its agents or representatives as may reasonably be required from time to time to administer and enforce the terms of this agreement. I consent that this information will be retained.

INITIAL

I, a named Occupant herein and on behalf of all Occupants herein, acknowledge and agree that this contract is governed by the laws of the Province of Ontario. I further understand that the Ontario Courts are the Courts of exclusive jurisdiction in the event of any Court action between the parties.  I further acknowledge that use of the lands is controlled under Ontario law and restricted to seasonal occupancies and recreational uses and that my failure to comply with applicable municipal land use restrictions may result in termination of this license by the Owner or at the demand of the municipality.

INITIAL

The occupant agrees to abide by the terms of this license agreement and to ensure other permitted Site users abide by the terms of this license agreement. Camping is an outdoor recreational activity. The participants known as campers leave their permanent residence and enjoy amenities and natural features of the outdoors. A campground is a designated area where camping takes place.

    1. It is agreed between the parties that the intended use for the specified Site is for seasonal recreation and vacation purposes only. The campground park is designed and intended for use-for seasonal or temporary campground and recreational use only and as such the trailer on Site cannot be used as a permanent residential or home address.
    2. It is agreed and understood between the parties that the actual use that is made of the Site is to be for seasonal recreational purposes and is restricted to seasonal or temporary periods of time only. As well during any use of the specified Site by the Occupants, the Occupants shall maintain permanent residential premise elsewhere than at the Park, that the Occupants have unlimited access to and it is acknowledged by the Occupant that zoning for the Park prohibits residential uses of Sites in the Park.
    3. It is agreed and understood between the Owner and the Occupants that the word “trailer” as set out in paragraph 1 above, shall include Recreational Vehicles 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.
    4. It is agreed and understood between the parties that the words “seasonal or temporary periods of time” as set out in paragraph 2 above shall include periodical or recurrent use pertaining to the seasons of the year but shall not include continuous use beyond the restricted seasons as set out at the outset of this license.
    5. This license is for the occupation of the Site specified only and the Occupant acknowledges that he is an occupant with respect to any facilities assigned to him and is deemed to have willingly assumed, without restriction, all risks arising out of his use of the Site and the campground.
    6. All charges incurred by Occupant for deposit, storage, seasonal fees, services etc. are due and payable when invoiced.
    7. All deposits are non-refundable and are held against the final balance owing in any year. The deposit is forfeited as liquidated damages and not as a penalty upon breach of any term of this agreement.
    8. In addition to the specified Site, the Occupant shall have the use in common with others so entitled to all common areas provided without additional charge. This license may be renewed solely at the discretion of the Owner from year to year save and except any adjustment in the fees charged, unless terminated by either party, in writing, on or before September 30th of each calendar year.
    9. In addition to the foregoing, the Occupant shall pay in addition any taxes, assessments, levies, or license fees imposed by any authority on or as a result of any equipment, fixtures, improvements, furnishings or vehicles erected, placed or left on the Site by or on behalf of the Occupant which additional charges shall be payable immediately upon receipt of any notice or demand for payment received by the Owner and conveyed to the Occupant.
    10. The Occupant shall not cultivate, produce or distribute cannabis anywhere on the campground land, the Site or in the Occupants trailer.
    11. Lawful Consumption of alcohol, or any other substance that may impair cognitive judgment and mobility, and the smoking of tobacco, cigarettes, or cannabis, is permitted on the Occupants Site only and is prohibited in all commons areas of the Campground unless otherwise permitted as designated in the Park Rules; however, in the event that consumption or smoking on the Site is the subject of valid nuisance complaints by other Occupants, or their visitors, as determined solely by the Owner, then the Owner may further restrict such on site consumption or smoking as deemed by the Owner to be appropriate.
    12. The Occupant hereby acknowledges receipt of and agrees to be bound by the terms and conditions of the rules of the campground as presently in existence, being “Schedule” A hereto, or as may be reasonably established or at the discretion of the Owner modified from time to time. The previsions of this license and any rules are subject to compliance with the provisions of the Human Rights Code. Amendments to this license, at the sole discretion of the Owner, may be instituted with written notice to the occupant. If the Occupant objects to the amendment to the Park rules, the Occupant may upon written notice to the Owner within seven (7) days of receipt of such amendment, terminate the license and leave the Park within 14 days of delivery of written notice to the Owner with no penalty.
    13. The Occupant hereby undertakes and agrees that he will inform any family members, guests, visitors or other persons attending at the Occupant’s Site as to the campground rules, from time to time. The Occupant is responsible for the observance of the campground rules personally or by his permitted family members, guests, visitors or other persons attending at the Occupant’s Site or in the campground with the Occupant’s permission or knowledge.
    14. Any failure to remit any payments required under the terms of this agreement and any breach of any of the rules of the campground by the Occupant, his permitted family members, guests, visitors or other persons attending at the Occupant’s Site, shall be deemed to be a breach of this license and this license may be immediately terminated at the option of the Owner.
    15. The Occupant hereby authorizes and directs the Owner, upon termination of this license for any reason, to act as the Occupant’s agent for the securing and/or removal of any of the Occupant’s property from the above Site, or elsewhere in the campground, and the Owners shall not be liable for any damages thereby occasioned.
    16. The Owner assumes no responsibility for, nor shall it be named liable for any loss through fire, theft, Campground closures due to circumstances beyond control of the owner including an “act of God”, flooding, power outages, forest fires, sewage or water system failures, nor shall the owner be legally responsibly in any way for collision or otherwise to trailers, additions, improvements or cars or their contents, regardless of cause. The Occupant agrees that the use of the campground or its facilities is solely at the risk of himself, his family and guests. The Occupant, his family and his guests, for themselves, their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE the Owner, his agents, servants, successors and assigns OF AND FROM ALL CLAIMS, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damages to himself, his family or guests or their property HOWSOEVER CAUSED, arising or to arise by reason of occupation of the above mentioned Site and use of the campground or otherwise, whether prior to, during or subsequent to this AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the aforesaid. The Occupant further undertakes on his own behalf and on behalf of his family and guests to indemnify all the aforesaid from and against any and all liability incurred by any or all of them arising as a result of or in any way connected with the license.
    17. The Occupant hereby undertakes and agrees to abide by, and comply with all the provisions, terms and conditions of any applicable municipal, provincial or federal laws and regulations and any failure to do so may be deemed to be by the Occupant, his permitted family members, guests, visitors or others attending at the Occupant’s Site with the Occupant’s permission, a breach of this license and at the Owners’ sole discretion, grounds for immediate termination of this license, upon which the trailer shall be removed from the Site and all occupancy at the Site shall cease, with no refund of any deposit held by the Owner in respect to this license.
    18. The address for notification to the Occupant of a Notice to be given under the term of this license, or otherwise, shall be at the address of the Occupant 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 mailed by regular mail or immediately if delivered to an apparently adult person at the address.
    19. In the event of any default of any of the terms and conditions of this license agreement, including a breach of the campground rules, and except where otherwise stated, the Owner shall have the following rights:   

    a) On fourteen days prior written notice of default delivered, or deemed received under the terms of this license to terminate this license agreement and re-enter upon the above Site and repossess it.

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

    c) To seize any goods or property on the Site subject to any applicable provisions of the law and to sell the same to recover any monies or damages owing.

    d) To bar the occupant, members of his family, guests, visitors or other persons attending at the Occupant’s Site or at the campground with the Occupant’s permission from:

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

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

    1. The Occupant acknowledges and agrees that no sales shall be advertised or conducted on any Site.
    2. This license is personal to the Occupant and is not assignable unless the Owner consents, which consent may be unreasonably refused.
    3. In the event that this Site shall be repossessed under the terms of this license, any goods including any trailer that the Occupant has left on the Site shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario, (hereinafter referred to as “the Act”), and may be removed by the Owner, who shall be deemed to be a lien claimant and storer under the Act, to whatever location the Owner deems appropriate and the Owner in such removal and storage will not be responsible for any loss or damage to such goods. The Occupant will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and the Owner may recover costs and/or monies owing in accordance with the provisions of the Act.
    4. Notice is hereby given that entry to the campground is permitted only for activities conducted in accordance with this license and the rules and regulations as they exist from time to time and all other activities are prohibited in accordance with the provisions of The Trespass To Property Act, R.S.O., 1990 c. T.21, as amended from time to time. Any person violating this notice or failing to leave the premises immediately when directed to do so shall be in violation of the said Act and may be prosecuted in accordance with its provisions.
    5. The Occupant of the Site shall exercise such care as is reasonable in the maintenance of the Site during the term of his License to ensure that person entering on the Site and the property brought on the Site by such persons are reasonably safe while on the Site and shall save the Owner harmless from any claims as a result of the failure of the Occupant to do so. This clause is included to exclude and modify the Owners’ liability as described above and in accordance with the exclusion and modification permitted by the Occupiers’ Liability Act, Ontario
    6. No add-ons, additions or Site improvements shall be incorporated without prior written approval. If such approval is granted, such add-ons, additions or improvements must be incorporated so as not to impede the expeditious vacating of the Site and removal of the Occupants property.
    7. A waiver of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver enforcement or compliance with 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. The Occupant agrees that the Owner shall not be required to monitor and demand enforcement of the terms of this license in cases where the Occupant is not in compliance with this license.
    8. By his/her signing of this license the Occupant hereby represents to the Owner 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.
    9. The Occupant further agrees that while his trailer and equipment of any nature is on the Owner’s premises, he will notify the Owner of any contractors coming in to work on said unit. The foregoing limitation is not intended to prevent the Occupant or his family from doing such work provided such work is done in accordance with all pertinent laws and/or regulations and has been approved in writing by the Owner.  Once such work is approved the Occupant shall provide the Owner a true copy of Workers Compensation or liability insurance if self-employed.  The Occupant further agrees to be liable for any damage done by the contractor to, but not limited to the Owners property.
    10. The Occupier acknowledges that permanent structures of any kind are prohibited on the Site and the Occupier shall not claim to be the owner of a permanent structure used or intended for use as living accommodation on the Site. It is agreed that if there is a finding by a court, tribunal or office of competent jurisdiction that there is permanent living accommodation located on the Site, or if such a claim is made by the Occupant, such claim or finding shall be good and valid grounds for termination of this License of Occupation.
    11. If the Occupant shall become bankrupt then accruing License charges together with the License charges for the three months next ensuing shall immediately become due and payable, and the term shall, at the option of the Owner, forthwith be terminated and such accelerated License charge and additional License charges shall be recoverable by the Owner as if it were License charges in arrears.
    12. The Occupant shall not register this license, notice of this license or any other document related to this license nor any notice of those documents against the title to the licensed Site or the campground unless he has first obtained from the Owner approval in writing concerning the form and content of the document proposed to be registered. The foregoing shall not apply to the registration of a Charge/Mortgage of License provided the notice of the license which it secures has been approved for registration as set out herein. The Occupant will be responsible for payment to the Owner for its out of pocket expenses incurred in connection with its review and approval of such proposed registration
    13. 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 the context.
    14. I, the named Occupant herein acknowledge that providing a copy of my drivers license is voluntary and that this information will be retained. I consent to disclosing the information on the photocopy of my drivers license.
    15. The Rules and Regulations referred to as “Schedule A” form part of the License of Occupation and are binding upon the parties hereof.

    INITIAL

  1. Rules and Regulations 2020 – Schedule A

    1. Camping SEASON is from May to October, unless otherwise indicated on License of Occupation.
    2. A SEASONAL LOT is taken out by one family only and the extended season (8/10 month) Occupants’ Sites are restricted to Occupants who are a minimum age of 50 years old (exceptions are made for Occupants “grandfathered” from previous years). There is no school bus service from Hillside to elementary or secondary schools so children should not occupy trailers in the extended season sites other than for brief visits with Occupants. Please fill out License of Occupation correctly to avoid any misunderstandings. All Applications will be considered before being accepted. Management reserves the right to refuse an application.
    3. A Hillside Family consists of: lawful spouses and minor children of such spouses living at your permanent residence who do not have any children of their own. Anyone who does not meet the above guideline will be required to pay a visitors fee. VISITORS check out time is 12:00am.
    4. Any customer occupying a LAKEFRONT LOT is responsible for the cost of maintaining their shore line. This includes but is not limited to cement blocks, fill, disposal of pre-existing shore line materials etc.
    5. Sites are not guaranteed. DEPOSITS are due every September to hold current site for next season.
    6. Maximum structures at a site consist of (1) trailer w/an approved Florida Room, Screened Enclosure and/or Shed. Max 2 vehicles. Tents are not allowed on any seasonal sites. No structures may be erected on the site without prior written approval of the Owner and any structures shall be non-permanent in nature and removable in the event of termination of this license. Maximum 1 soft ROOF GAZEBO per site.
    7. APPROVED SHEDS must be used to store items that cannot be stored in your trailer. Only pre-manufactured metal or plastic sheds are allowed. NO homemade sheds. Campers who already have existing sheds prior to the 2006 season will be allowed to keep them, with management’s approval.
    8. Speed Limit in the park for all customers/patrons is 15km/h. Please be sure to obey at all times.
    9. Management reserves the right to inspect any trailer at any time should an electrical problem arise.
    10. CAMPFIRES are to be safely extinguished before retiring for the night and are not permitted after 2:00am.
    11. NO SWIMMING AFTER DUSK. Obey beach rules at all times. Children are not allowed at the beach without Adult supervision at all times. SWIM AT YOUR OWN RISK. Park Management assumes no responsibility should an accident occur and shall not be made liable in any way, shape or form.
    12. RAFTS, PFD’s and other flotation devices are allowed to be used in the lake, and must stay inside roped off swimming area at all times. Non-swimmers are not allowed past 1st buoy line.
    13. Non-motorized BOATS, CANOES, DINGYS, and PADDLEBOATS are permitted in the lake. They may be launched from the fishing dock area of the lake only. They may not be launched from the beach/swimming area and are not allowed at anytime to be inside the buoy area with swimmers. A Life jacket must be worn for each occupant in/on the watercraft.
    14. LOTS must be kept neat and tidy at all times. GRASS cutting should be done on a regular basis. If you are unable to meet this obligation, see the office for a list of people who can assist you. Should the park deem that your lot needs to be cut, your account will be charged accordingly.
    15. Do not leave your PETS unattended. All pets MUST be leashed (2 meters max.) and QUIET at all times. Pets are NOT allowed on the beach and/or in any buildings. You must clean up after your pet. All service and therapy animals must be registered in the office. Different rules apply to each class, see office.
    16. NO ALCOHOLIC BEVERAGES are allowed on the beach. They are restricted to your campsite and under no circumstances are they allowed anywhere else without the permission of the park management. If any camper is found to be abusing this rule, park management reserves the right to have the camper(s) involved removed from the park. The camper(s) also lose their right to have or use a site in this park.
    17. CLOTHES LINES are only permitted within seasonal areas for purposes of beach towels and bathing suits.
    18. All MUSIC played throughout the day and evening must be kept at a reasonable level as to not disturb your neighbours. QUIET HOUR is midnight, all NOISE must stop. Consider your neighbour next door(s). If you are being kept awake or woken up by campers, get in touch with one of the management IMMEDIATELY while the disturbance is in progress. To report problems please dial (519) 632-7572.
    19. CHILDREN and TEENS must be back at their campsite no later than 11:00pm. Under NO circumstances are they allowed to stay overnight in the trailer without their parents.
    20. BICYCLES are not to be used in the park after dusk. After this time they should be left at their campsite.
    21. Please help us to keep the WASHROOMS CLEANER by escorting your children.
    22. A seasonal camper can bring their MOTORCYCLE into the park at the discretion of park management.
    23. Do not CUT DOWN or TRIM LIMBS on any TREES without prior management permission.
    24. SATELLITES OR ANTENNA’S must be attached to trailer/deck, not permitted on trees, hydro poles etc.
    25. DRONES must be registered in the office before they are allowed to be flown on park property, registration does not guarantee permission to fly.
    1. A seasonal camper has the right to SELL THEIR TRAILER; upon doing so they render their site to park management. The camper may not in any way, shape or form transfer the site to the new owners. Park management reserves the right to decide whether the new owners: a)May use the existing site b)May have another site in the campground c)Must leave the existing site and campground. Park management also reserves the right to decide whether any moneys are refunded to the previous owners and amount to be charged to the new owners. Please note: No deposit refund after MARCH 1st.
    2. IN THE FALL to prevent damage, take down your awnings, and disconnect your hydro.
    3. The parks’ WATER SYSTEM will be shut off if park management feels that frost may damage or harm our lines. The park assumes no responsibility for any campers’ water system in the trailer.
    4. Please be advised if, due to ‘SUMMER DRAUGHT’ park management will enforce a water ban. This means you will be allowed to water your flowers only – NOT the grass.
    5. If you want to WASH your TRAILER, you may wash with a bucket and sponge Monday to Thursday only. If you are looking to have your trailer washed, information is available in the store.
    6. There is NO CAR washing or repairing/maintaining of vehicles on sites at anytime. Car washes are located in Paris and Ayr. CAR PORTS are not allowed in any seasonal section.
    7. STORAGE of vehicles, utility trailers, snowmobiles, boats etc. is not allowed at any time. Extended season customers are allowed to leave their OWN vehicle only (max one). Said vehicle must be in their driveway.
    8. All building and construction (includes fences) MUST BE APPROVED by management prior to construction. Please contact the office if you are considering building at your site.
    9. As of 1990 only manufactured FLORIDA ROOMS or SCREENED ROOMS will be allowed to be added onto the trailer unit. Campers who already have add-a-rooms built previous to the1990 season will be allowed to keep them up with management’s approval. You MUST obtain management’s written approval before you decide to purchase either a Florida or Screened Room.
    10. GARBAGE is to be bagged, and placed in the dumpster bins by the front entrance of the park. All RECYCLABLE items are to be sorted in the blue recycling bins, located adjacent to the dumpsters.
    11. Keep FIREWOOD neatly stored out of sight. No unsightly piles of wood or stacks of pallets etc.
    12. If Occupant has broken/voided terms of License of Occupation during the season, monies will NOT be refunded for any unused portion of the season.
    13. Park management reserves the right to TRANSFER a campers’ trailer etc. from the campsite to our holding area. The camper is responsible for any damages, or charges that may occur, and any outstanding camping storage fees.
    14. There are NO FIREWORKS permitted at any given time on the property of Hillside Lake Park. A community fireworks show will be put on for all campers and their guests, during the season.
    15. SNOWMOBILES/ATVs are not allowed in the park at any time.
    16. All GOLF CARTS. MOPEDS and SCOOTERS must have permits before they are driven in the Park. Permits are available in the office. Drivers must be 16 years or older with valid G1 license. Open Alcohol is not permitted. Drinking and Driving while operating your golf cart/moped/scooter will not be tolerated. No lap driving/riding. Occupancy is limited to the number of seats on the golf cart. No standing, in back. Riders on back of cart, must be in proper rear seat.
    17. Gas GOLF CARTS will be tested for noise pollution. Carts found to have a db. reading over 90 may only be operated between 10am and 11pm. 2 million liability insurance must be on all golf carts and trailers.
    18. Smoking or vaping of TOBACCO or CANNABIS (medical or recreational) and the use of e-cigarettes (including e-cigarettes containing cannabis, medical or recreational) is prohibited in all sheltered (roofed) and common areas within the Park, including all park events where children are present and all playground areas used by children.
    19. Anyone generating SMOKE or VAPORS from tobacco or cannabis (medical or recreational) that interferes with the reasonable enjoyment of other occupants of the Park, will be required to take steps to minimize the interference or disturbance to others or refrain from generating such smoke.
    20. Cultivating, growing, producing, purchasing, selling or distributing any CANNABIS PLANT or product in any areas within the park including your site is strictly prohibited.
    21. INSURANCE REQUIREMENTS: The licensee agrees to obtain and maintain a policy of insurance sufficient to cover the replacement cost of all structures and contents thereof owned by the licensee and located on the site or at the Park and further, to insure the licensee against liability for personal injury and damages occurring at the Park in an amount of not less than $2 Million dollars. Upon demand by the Owner, the licensee shall produce a Certificate of Insurance as confirmation that an adequate policy of insurance hereby required is in place.

These rules form part of the License of Occupation for the site and may be amended from time to time.

This Agreement signed ,  shall be binding upon the heirs, executors administrators and assigns of the parties hereto.

Important – Click in the “Sign Here” box below to add your signature before you attempt to “Agree & Sign”

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Signature Certificate
Document name: 2020 SEASONAL LICENSE OF OCCUPATION -10 MONTH
Unique Document ID: 38ecc3f83bc4e3ed12ec0afc4aa2296d7ab2af1f
Timestamp Audit
April 20, 2020 5:19 pm EDT2020 SEASONAL LICENSE OF OCCUPATION -10 MONTH Uploaded by Heidi Pothier on behalf of Hillside Lake Park Recreation Inc. - [email protected] IP 184.144.74.28