COY AND WILMA’S, LLC PERMANENT CAMPER LEASE
CAMPING LEASE AGREEMENT (“Agreement”) made between Coy and Wilma’s, LLC, which owns and operates the campground at 14387 North Rend City Rd, Sesser IL 62884, hereinafter referred to as (“CW”), and ______________________ hereinafter referred to as (“Camper”).
OFFER OF LEASE: CW offers to lease to Camper a campsite, hereinafter defined according to terms and conditions set forth hereunder. By conditions of this Agreement, Camper further agrees to be bound by the Campground Rules and Regulation attached and assumes responsibility for adherence to these rules by family members and guests.
TERM: The lease term shall commence on July 1st, 2017 and end on December 31st, 2020.
CAMPGROUND: The property (+/-30 acres) together with improvements and amenities at 14387 North Rend City Road, in Sesser IL 62884 which specifically contains clubhouse, apartment, roads, driveways, lawns, pond, fish cleaning station, shower house, campsites and related utility infrastructure.
CAMPSITE: CW leases to Camper, the specific campsite #_____, the number of which is designated on the electrical pedestal, together with access to amenities of the Campground made available at the discretion of CW, including lawns and roads, pond, fish cleaning station, and shower house, (“Campground”). Camper shall not have rights to use or occupy any part of the campground not specifically designated as available to Camper by this Agreement and shall not have access to any area or amenity which cannot be accessed by a road maintained by the campground.
SEASONAL: CW is not a year round business and is not designated or operated for camping on a year round basis, nor is it a mobile home park. Therefore, Campers may not use the campground as a permanent residence.
CAMPING SEASON: The target camping season shall commence on April 1st and end on November 1st unless otherwise designated by CW. CW reserves the right to restrict, change or modify the camping season at any time for any reason but shall make every effort to make the campground available for camping during the target camping season. Campers shall only be allowed to occupy their campsites during the camping season, except on dates which Camper has been granted express permission from CW to perform repairs and maintenance, or when Camper has acquired a Camping Season Block, hereinafter defined. From time to time, CW may modify the camping season or restrict access to the Campground to safeguard Camper against potential hazards due to extreme weather, or to perform maintenance or repairs. Any period of time within the term of the lease that falls outside of the camping season shall hereinafter be referred to as the (“Off Season”). Campers shall be allowed to store their store their campers, boats, and related improvements within their designated campsite at all times during the term of the lease including the Off Season, unless CW specifically has requested the removal of said property to perform maintenance and repairs or for any other reason.
OFF SEASON BLOCKS (OSB): Camper may acquire the right to occupy Campsite during the Off-Season by purchasing an Off-Season Block (“OSB”) which shall afford Camper the right to occupy Campsite during the term of the OSB, which shall be for a period of 14 consecutive days from the date which camper elects to start the OSB. All OSB’s acquisitions must be approved in advance by CW. Camper may not purchase more than 4 OSB’s during the term of the Agreement.
CAMPSITE RENTAL FEE: The amount of seasonal campsite rental fee is designated in Exhibit (A) hereinafter attached and shall cover campsite rental during the camping season and the storage of camping equipment and improvement in the Off Season.
OSB FEE: A maximum of 4 OSB’s (Off Season Block) can be purchased by a Camper for $40 per OSB. All OSB’s must be approved by CW in advance of purchase by a Camper during the term of the lease.
SUBLETS AND ASSIGNMENTS: The rights and obligations contained within this Agreement may NOT be assigned by the Camper for any reason, nor shall the Camper sublet its campsite at any time or for any reason.
RIGHT TO EXPEL: Camper, including family and guests shall not damage or destroy the property of the campground, and/or property of other Campers, or their family or guests, and shall not do anything to damage the business of the Coy and Wilma’s LLC, or its Goodwill. In addition, Campers shall not engage in any activity, or permit its family or guests to engage in any activity which is dangerous and or in any way jeopardizes the safety of other Campers or their property. CW reserves the right to immediately terminate Camper Agreements, revoke any and all Camper privileges, and expel any and all Campers, their families and their guests for engaging in prohibited activities.
SALE OF PROPERTY: The sale of a trailer/camper or any other property by a Camper shall not transfer any rights or obligations related to this Agreement to the buyer of the property. Campers may NOT post “FOR SALE” signs on their property while at the campground, nor shall they represent to any potential buyer that buyer might inherit any rights to lease a campsite or any other campground property as a result of the purchase of property from Camper. Trailers or any other property which are sold by a camper must immediately be removed from the campground.
UTILITIY CHARGES: CW will provide Camper septic system hookup, water, and 50 amp electrical hook up with sub-meter, which shall measure Camper electricity consumption. Camper is responsible for paying for all electricity charges allocated to their campsite which shall be billed to them 3 times per year.
UTILITY SYSTEMS: CW reserves the right to disconnect Camper utilities services without notice to perform maintenance and repairs to campground systems. CW shall not be responsible for any damage, injury or loss which may be caused by a connection to, disconnection from, or malfunction of campground utility services. CW recommends that Campers use water filters and electrical surge protectors. The use of surge protection by Campers shall in no way guarantee against loss, nor shall it in any way shift the responsibility of loss to CW or its agents or associates.
GUESTS: A Camper family shall consist of adults(s) who have signed the Agreement and their spouses and dependent children up to 18 years of age. Adult children of Campers who have not signed this Agreement are considered guests. Any individual(s) who enter the campground for the purpose of visiting a Camper shall also be considered a guest of the Camper. Camper families and Camper guests and shall be bound to all terms, obligations, and responsibilities and restrictions contained within this Agreement and associated Campground Rule and Regulations; including but not limited to terms related to the assumptions of risk and obligation to indemnify CW against loss. Camper is wholly and completely responsible for the conduct, actions and activity of camper family and guests and all such conduct, actions and activities shall be considered as having been performed by the Camper. It is further agreed; that dependent children under 18 years of age are not allowed to occupy a campsite overnight without a parent present. The maximum number of guests per site is limited to 6 unless otherwise permitted by CW. Guests will not be allowed to place a trailer, camper or RV on campsite and no guest will be permitted to occupy a camping unit without the tenant present, unless that guest has been approved by CW.
TREES: Camper is prohibited from cutting and/or trimming any tree or tree limbs, and/or removing any shrubs without prior approval of CW, with the sole exception of clearing and cleaning of limbs and shrubs that may be considered incidental and are less than 1 inch in diameter.
GARBAGE/REFUSE: Camper is responsible for garbage and refuse disposal. CW will make available a dumpster for disposal of household waste generated at the campsite only. Items such as furnishings, appliances, lawn furniture (including plastic and folding chairs), boat tarps, demolition/construction materials, carpeting, fish guts, lead acid batteries, paint and hazardous chemicals are NOT permitted in the dumpsters.
CAMPERS/TRAILERS: Campers older than 15 years are not permitted. Exceptions can be made by CW management for Seasonal Campers whose tenancy began prior to January 1st, 2016. All camping units must be approved by CW and must be well maintained. No large dents, rust, broken windows, or other visual defects should be present. All campers and campers systems should must be well maintained and in good working order, including but not limited to those appliances using propane. Water connections and camping unit waste tank valves must be in good condition with no holes, cracks or leaks. Camper maintenance and its condition is the sole responsibility of the Camper.
CAMPSITE IMPROVEMENTS: CW must approve any and all semi-permanent improvement to campsites, such as landscapes, decks and patios, awnings, overhangs, and sheds. From time to time, CW may require camper to move and/or remove campsite improvements at their expense to perform maintenance or repairs to the campground and/or for any other reason CW may deem necessary. Semi-permanent improvements are considered the property of the Camper, and must be maintained and made safe by the Camper. Upon the termination of Agreement, any materials or improvements which are not removed by Camper will immediately become the property of CW. Any damage to the site, or expense occurred to remove materials or improvements and/or restore the campsite to its original condition will be billed to the Camper. Campers are specifically prohibited from pouring any permanent concrete pad and/or footings for any reason; and any and all grading, filling and or trenching must which may be necessary for the installation of authorized improvements must be approved by CW.
TERMINATION BY CW: Agreement may be terminated by CW at its sole discretion at any time in the event the Tenant fails to pay rent when due, or violates any other of the terms of this agreement, including any Campground Rule and Regulation. Upon termination of the Agreement, Camper shall immediately remove all property from the campsite and campground, including but not limited to all decks, patios, sheds and refuse. The Camper shall be responsible for payment of all rents and fees in the event of early termination of this Agreement, until such date the all property has been removed from the property.
TERMINATION BY CAMPER: Camper has the right to terminate Agreement with immediate effect at any time prior to July 31st of any calendar year during the term of the lease. The Camper will be responsible for payment though the end of the calendar month in which they vacate and clear all personal property from the campsite provided the campsite is vacated prior to July 31st. There will be no refund of prepaid rent or fees unless and until all Camper property has been removed and campsite has been restored to a condition which is satisfactory to CW. If Camper terminates the Agreement after July 31st in any calendar year, Camper will be responsible for campsite rental payments for that calendar year, regardless of when Agreement is terminated or when the campsite has been vacated. Camper will be entitled to occupy the campsite for all months in which they have paid campsite rental fees.
RELEASE AND WAIVER OF LIABLITY: Camper for themselves, family and guests hereby release, waive, discharge CW, its owners, employees, contractors, relatives or associates, from all liability to the undersigned, their families, and guests and, assigns, heirs, and next of kin, for any and all loss or damage, and any claim for demands in consideration of being permitted to enter and use the campground and rent and occupy campsite to which admission and use by the general public is restricted or prohibited.
INDEMNIFICATION: Camper, and/or family and guests shall defend, indemnify and hold CW, its owners, managers, agents, contractors, and employees, harmless from and against action of any kind, including any damage or injury to person or property, amounts of any judgments, penalties, interests, court costs and legal expense, including but not limited to attorney’s fees and costs of legal assistants, incurred by CW in defense of same, arising in favor of any party or account of claims, liens, debts, personal injury or death or damages to property, and all other claims or demands of every character occurring or in any way incident to, in connection with or arising out of the conduct of Camper, Camper family and/or Camper guest.
PHYSICAL DAMAGE INSURANCE: Camper will maintain damage insurance policies to cover the Camper from loss of any kind, on any and all of their trailer, building structures, boats, boat trailers, decks, sheds, awnings, golf carts, etc., as well as any personal property of any description owned by the Camper which may be stored at the campground. CW shall not be deemed responsible for any loss or damage to Camper property on or at the campground that is not directly attributable to negligence on the part of CW. Additionally, CW and its owners, employees, associates, and agents are not responsible for damage, vandalism or theft of Camper property and/or personal possessions at the campground, or damage or loss as a result of Acts of God. Specifically, Camper agrees and acknowledges that Camper assumes absolute responsibility for any and all damage, loss, injury or death that may result from trees which may fall at the campground.
LIABILITY AND LIABILITY INSURANCE: Camper is completely responsible for all activities occurring at their campsite and will maintain liability insurance policy with adequate limits to cover liability claims resulting from Camper, Camper’s family and/or guest’s negligence pertaining to bodily injury or property damage from the use of the campsite, camper or RV, any trailer or building structure, boats, boat trailers, and golf carts, as well as any other personal property of any description for which the Camper is owns or is responsible for.
ACKNOWLEGEMENTS: CAMPER ACKNOWLEDGES AND AGREES THAT BY SIGNING THIS AGREEMENT WHICH CONTAINS A RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY CLAUSES, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO THEM AND INTEND THEIR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST ALLOWED BY THEREFORE ON THE ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE OCCUPANCY AND OR USE OF THE CAMPGROUND.
DISCLOSURES/DISCLAIMERS: CW shall immediately exercise its right to terminate this agreement and expel Campers and for violations which it deems to be severe, dangerous, irreconcilable, and/or inconsistent with a friendly and cooperative family campground.
RULES: Campground Rules are attached hereinafter as Exhibit (B) Campground Rules. CW may make additional rules or changes it deems necessary in order to protect the interests and safety of other seasonal campers as well as the interests and assets of Coy and Wilma’s, LLC. Seasonal campers agree to observe and comply with all such rules and changes in rules. Any violations of the rules shall be deemed a breach of this lease agreement. Current Campground Rules shall be posted at the shower house of the continuous inspection by Camper.
GENERAL: Each and every term, covenant and agreement herein contained shall be deemed a condition hereof. No oral agreements have been entered into, and this Agreement shall not be modified unless such modification is reduced to writing. Waiver of any breach of any term or condition of this Agreement shall not constitute a waiver of subsequent breaches. The invalidity or partial invalidity of any provision of this Agreement shall not render the remainder of the Agreement invalid or unenforceable. Time is of the essence in this Agreement and each provision herein contained. Words used in the singular shall include the plural, and vice versa, where the context requires. The breach of any of the covenants or terms of this Agreement shall be deemed to be a material and total breach of this entire Agreement and shall give rise to all rights of termination. This Agreement shall be binding upon and shall inure to the benefit of the heirs, administrators, successors and assigns of all the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder.
I, the undersigned, hereby agree to be bound by the terms, conditions and obligations of this Agreement and further acknowledge and understand that my failure to abide by the terms and conditions of this Agreement could result in the termination of this Agreement by CW.
SIGNATURE BLOCKS HERE
CAMPSITE RENTAL FEE:
FULL YEAR: $3,300.00 per year, payable as follows:
Option #1 – Single payment made by January 31st of any new camping year shall be discounted by $40.
Option #2 – Quarterly payments shall be made as follows:
Due before March 31st – $825
Due before June 30th – $825
Due before September 30th – $825
Due before November 31st – $825
EXHIBIT (B) COY AND WILMA’S LLC – CAMPGROUND RULES AND REGULATIONS V.4
- QUIET HOURS: 10:30 PM TO 7:30 AM
- CAMPSITE MAINTENANCE: Campsites must be maintained in a clean and orderly fashion inclusive of trailer, porches, decks, fire rings, screened rooms, and lawn furniture. Building materials must not be stored on the campsite. Storage of any and all property must be maintained so as not to distract from the view of neighboring Campers. Lawn trimming will be maintained by the Camper. Camper is responsible for any all clean up and maintenance within their campsite including, but not limited to the clearing of tree fallings and leaves, mowing, raking, trash removal, firewood storage, maintenance of landscaping features and gardens; including proper storage of materials, lighting, and decorations, etc. Camper must keep campsites free of any and all litter including bottles, cans, wrappers, bottle caps, and cigarette butts. Cigarette butts are not permitted to be disposed of on the ground of any campsite or anywhere on the campground, except within the fire ring or in a container designed for their disposal.
- GOLF CARTS/VEHICLES: No ATV’s may be operated at the campground. The number of passengers on a golf cart shall not exceed the number of seats on the golf cart. Failure to adhere or abide by the following rules will result in loss of privileges at the campground. Passengers will remain seated at all times. Operators of all vehicles must obey all traffic signs and speed limits (10 mph on campground property). No motorized vehicles with loud exhaust are allowed on the campground property. Horns should be working and used for safety and warning purposes only. Camper must avoid traveling at speeds that cause dust and/or disturbances to campers even if this is below the campground speed limit, and should never drive in such a manner that is reckless and or in any way that puts themselves, their passengers, other Campers, animals, and/or property at risk. Campers shall only allow the safe operation of their vehicles by any and all operators and shall take care to adequately supervise any operator who lacks experience and skill in driving.
- ROADS/DRIVEWAYS: Campers must keep all vehicles including trailers (all tires) on the rock portion of the roads only. Campers should take care not to cut corners and never drive on any grass areas except where it may be allowed and where signage indicates that it is. Driving is not allowed in the lagoon area between the campers and roads and until signage is installed, vehicles that travel to the Squirrels Nest should do so by entering and traveling along the grass area on the west side of the trailers parked on the hill near the store. Vehicles should never short-cut by driving over any drainage channel, and specifically those channels on the east side of the gravel road near the old burn pile. If you are traveling to or from the Squirrels Nest, you must enter the grass from the flat area on top of hill (near store) where there is no drainage channel to cross.
- DUMPING: Camper is prohibited from dumping refuse at the campground anywhere, any-time, or for any reason. Camper acknowledges that only organic yard waste from the campground in may be placed in the campground compost pile. ONLY LEAVES, BRANCHES ALLOWED IN THE COMPOST PILE. NO PLASTIC BAGS, LUMBER, BUILDING MATERIALS, OR ANY OTHER ITEMS SHOULD BE DUMPED IN THE COMPOST PILE. THIS INCLUDES PLASTIC BAGS WHICH MAY CONTAIN LEAVES AND YARD WASTE. LEAVE THE WASTE, TAKE THE BAG.
- LEAVES/BURNING: Camper shall restrict the burning of leaves and/or yard waste to fire pits within campsite. Camper acknowledges and understands that Camper shall not build, ignite, and/or maintain any fire in any common area on roads including roads and grass.
- FIRES: Campers may not ignite any fire or burn any material which is not organic, compostable or biodegradable at the campground, and must only allow fires to burn if they are contained within a fire ring or pit within their campsite that is sufficiently high to prevent the risk of fire from spreading to areas outside of the ring or pit. Campground is heavily wooded and can be very windy. Camper should exercise extreme care in handling fires to prevent the risk of fire spreading outside of fire ring or pit. All fires should be extinguished prior to Camper going to bed.
- PETS: Camper is responsible for cleaning up after all pets. Dogs should be kept on a leash. Any pet which causes excessive noise and or exhibits aggressive behavior will be prohibited from staying at the campground. Campers should exercise care in handing pets in such a manner that does not jeopardize the safety or enjoyment of other campers.
- FISH REMAINS: Fish remains. Fish remains shall not be disposed at the campground anywhere, anytime or for any reason. This includes and is not limited to the campground dumpster. Fish remains shall also not be buried or composted at or near the campground. THE CAMPGROUND SHALL RESERVE THE RIGHT TO IMMEDIATELY TERMINATE THE LEASE OF ANY CAMPER WHO DISPOSES OF FISH REMAINS IN THE CAMPGROUND DUMPSTER. CAMPERS ARE RESPONSIBLE FOR THE ACTIONS OF THEIR FAMILY AND GUESTS.
- LITTER/GARBAGE: Camper shall not dispose of any trash or litter anywhere in the campground except in appropriate trash receptacles. Litter includes but is not limited to bottles and cans, wrappers, boxes, papers, bottle caps, and cigarette butts. NO LOOSE TRASH SHALL BE PLACED IN THE DUMPSTER. ALL TRASH MUST BE BAGGED SECURELY BEFORE BEING DEPOSITED INTO THE CAMPGROUND DUMPSTER. CAMPERS ARE RESPONSIBLE FOR ADEQUATELY SECURING LOSE TRASH IN SUCH A WAY THAT ELIIMATES THE POSSIBILITY OF LOSE TRASH ESCAPING THE BAG AND/OR DUMPSTER. CAMPERS SHALL NOT OVERFILL DUMPSTER. IF THE DUMPSTER IS FULL, CAMPERS SHOULD PLACE BAGGED GARAGE NEXT TO THE DUMPSTER, BUT NOT LEANING AGAINST IT. ITEMS LEFT NEXT THE DUMPSTER SHOULD NOT BE TOO HEAVY FOR CAMPGROUND AGENTS TO HANDLE. BAGS LEFT NEXT TO THE DUMPSTER SHOULD NOT BE TOO WEAK THAT THEY MIGHT BREAK WHILE BEING HANDLED BY CAMPGROUND AGENTS.