Lone Prairie Camp Rental Agreement
THIS RENTAL AGREEMENT made as of September 18, 2020
LONE PRAIRIE CAMP LTD.
a body corporate having an office in
the Province of Alberta
- and -
A. LPC currently leases the land and operates the camp more commonly known as Lone Prairie Camp and is responsible for the buildings and maintenance located at the Camp (as described below). As lessor of the land to LPC, the Baptist General Conference in Alberta (the “BGCA”) has no day-to-day responsibility for, or control over, the condition of the land, the activities conducted on the land or persons allowed to enter the land comprising Lone Prairie Camp.
B. The Renter has agreed to rent the Camp for the term, at the rental rates and subject to the terms, covenants, conditions and agreements contained in this Rental Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the rents, covenants and agreements in this Rental Agreement reserved and contained on the part of the Renters to be paid, observed and performed, LPC agrees to rent the Camp as defined below.
In this Rental Agreement, the term “Camp” means and includes:
(a) the camp is located on land legally described as MERIDIAN 4 RANGE 22 TOWNSHIP 43 SECTION 35 (the “Lands”); and
(b) all buildings and equipment located on the Lands as more specifically described within this Agreement
(a) The Renter will provide a deposit in the amount as stated on the Invoice, Schedule “A” (the “Deposit”).
(b) The Deposit shall be used to secure the term, as described in Section 3, on behalf of the Renter.
(c) The Renter agrees and understands that they have Seventy Two (72) hours in which to cancel this Agreement following the date of this Agreement without default. Should the Renter cancel this Agreement after the Seventy Two (72) hours they understand and agree that they will forfeit the Deposit.
(d) The Deposit shall be held by LPC without interest.
(e) The Deposit shall be applied to any unpaid Rent as under this Agreement.
(f) The Deposit may be applied, to the cost of replacement or repair of any buildings or equipment located within the Camp that has been damaged or destroyed by the Renter or any parties associated with the Renter.
The term of the Agreement shall begin at on (the “Arrival Time”) and shall end at on (the “Departure Time”).
(a) The Rental Rates, as more fully described in Schedule “B” (the “Rental Rates”), will be, paid within thirty days of the Arrival Time. The Rental Rates and any rent described in this Agreement is expressed exclusive of Goods and Services Tax (“G.S.T.”).
(b) All rent and other payments will be made in lawful money of Canada.
(a) LPC agrees to provide, as part of this Agreement the use of the buildings, kitchen and equipment as further described within this Agreement.
(b) LPC will provide for the cost of the electricity, gas, water and wood for campfires and LPC woodstoves and fireplaces.
(c) LPC will provide the use of all permanent play and sports equipment located at the Camp, as per the Invoice and Rental Rates, outlined in Schedule “A” and “B” respectively.
The Renter will observe, and cause its employees, invitees and all others over whom the Renter can reasonably be expected to exercise control to observe the Rules and Regulations, attached as Schedule “C”, that from time to time may be made by LPC, acting reasonably. All such rules and regulations will be deemed to be incorporated into and form part of this Agreement. For the enforcement of such rules and regulations, LPC will have available to it all remedies in this Agreement provided for a breach thereof and all legal remedies whether or not provided for in this Agreement, both at law and in equity. The Renter further acknowledges that they will be responsible for all costs, including legal costs incurred by LPC, on a solicitor and his/her own client full indemnity basis, as required to repair or replace any damage caused by the Renter, their employees, agents, or anyone under their care and control, during the Term of this Agreement and including the costs incurred by LPC may incur to enforce the Rules and Regulations.
(a) The Renter agrees to defend, indemnify and save harmless LPC, the BGCA, and each of their respective employees, volunteers, directors, officers, agents, consultants, successors, insurers, assigns and subsidiaries in respect of all claims for bodily injury or death, property damage or other loss or damage arising howsoever out of the use or occupation of the Camp or from the conduct of any act or omission of the Renter or any assignee, successor, employee, invitee, or patron of the Renter, and in respect of all costs, expenses and liabilities incurred by LPC and/or the BGCA in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto, and in respect of any loss, cost, expense or damage suffered or incurred by LPC and/or the BGCA arising from any breach or non-performance by the Renter. The Renter's obligation to observe or perform this covenant will survive the expiration or other termination of the Term of this Agreement.
(b) The Renter also understands and is aware that the Camp is located in a rural wilderness location and as such natural occurrences (such as lightning, high winds, rainstorms, tree falling and flash floods) and wildlife can be unpredictable and dangerous.
(c) The Renter understands and agrees that the LPC and the BGCA have no control over natural occurrences and the wildlife and as such LPC will not be required to reimburse or refund any portion of the Rental Fees or Deposit due to natural occurrences or wildlife.
(a) If there is no major access road (ie from Edmonton this would include via highway 2, 2A and 21) without any sections of red road conditions according to the AMA road report (http://www.amaroadreports.ca/), LPC will (at the Renter’s request) work with the Renter to reschedule the event. If the parties are unable to reschedule, LPC will fully refund the accommodation portion of the Invoice (Schedule ‘A’).
(b) Due to safety concerns, LPC cannot run high ropes activities (eg. zipline & climbing wall) nor water activities (eg. canoeing, paddle-boating, boating & tubing) for 30 minutes after thunder is heard. Other conditions such as high winds, intense precipitation or extreme temperatures may also present safety concerns that necessitate activities being cancelled. LPC will provide a 50% refund of the program activity portion of the invoice (Schedule ‘A’) if they are cancelled due to inclement weather and LPC is unable to reschedule.
(c) In light of sunk costs and potentially having turned down other rental groups, if LPC is able to run the program activities but the Renter still requests they be cancelled, such requests may be accepted at the sole discretion of the LPC Camp Director.
The Renter covenants and agrees that LPC and the BGCA, and each of their respective directors, employees, will not be liable:
(a) for any bodily injury to or the death of, or loss or damage to any property belonging to the Renter or its employees, invitees, patrons or any other person on the Camp, unless resulting from the actual fault, willful act, or negligence of LPC and/or the BGCA or anyone for whom LPC and/or the BGCA is responsible; and in no event (including the actual fault or negligence of LPC and/or the BGCA) be liable for any consequential injury, loss or damage, or;
(b) for any injury or damage of any nature whatsoever to any persons or property or for any loss to the business of the Renter caused directly or indirectly by a latent or other defect in the Camp and the fixtures and equipment thereto belonging or caused by the failure by reason of a breakdown or other cause;
(c) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by LPC and/or the BGCA to perform any work in or about the Camp; or
(d) for loss or damage, however caused, to money, securities, negotiable instruments, papers or other valuable property of the Renter, including any consequential loss or damage resulting therefrom;
(e) and the Renter covenants to indemnify LPC and the BGCA against and from all loss, claims and demands in respect of any such injury or loss to it or its employees, invitees, or patrons or any other person on the Camp for the purpose of attending at the Camp or in respect of any such damage to property belonging to or entrusted to the care of any of the aforementioned.
(a) LPC will provide liability coverage for the program activities supervised by LPC
(b) The Renter will provide proof of insurance prior to arrival (min. $2,000,000) for the activities supervised by the Renter in the form of documentation directly from the Renter’s insurance designating “Lone Prairie Camp Ltd.” and “Baptist General Conference in Alberta” as Additional Insured.
An event of default shall occur if and whenever:
(a) The Renter fails to provide full payment of the Rent;
(b) the Renter breaches or fails to observe or perform any of the covenants, agreements, provisos, conditions, rules and regulations or other obligations on the part of the Renter to be kept, observed or performed under this Agreement; or
(c) without the written consent of LPC, the Camp is used by any persons other than the Renter or its permitted invitees or for any purpose other than that for which is was rented.
(a) Should an event of default occur while the Renter is renting the Camp, LPC, in its sole and unfettered discretion, may terminate this Rental Agreement immediately and require the Renter and its invitees to leave the Camp forthwith at the Renter’s own cost and expense. Should such a termination occur, the Renter agrees to facilitate the removal of itself and its invitees in a co-operative and expeditious fashion.
(b) Should the Renter fail to provide full payment of the Rent when due, and should finance charges be subsequently levied as a result, the Renter agrees that all funds subsequently received from the Renter shall be first applied to the oldest debt owing by the Renter to LPC.
(c) The Renter agrees that all legal costs on a solicitor and his own client basis incurred by LPC to enforce any of its rights under this Rental Agreement shall be added to and form part of the Rent payable hereunder by the Renter.
All notices, will be deemed to have been properly given if personally served, sent by registered mail or certified mail (postage prepaid with return receipt requested) or by facsimile to:
LONE PRAIRIE CAMP LTD. AT: THE RENTER AT:
RR 1 Ferintosh AB T0B 1M0 the address per the Invoice
The Renter acknowledges that there are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement unless as expressly set out in this Agreement. This Agreement may not be modified except by an agreement in writing executed by LPC and the Renter.
This Agreement also includes the Invoice (Schedule “A”), the Rental Rates (Schedule “B”) and the Rules and Regulations (Schedule “C”).
This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta. LPC and the Renter agree that all of the provisions of this Agreement are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section hereof. Should any provision or provisions of this Agreement be illegal or not enforceable, it or they will be considered separate and severable from the Agreement and its remaining provisions will remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included.
The headings and captions appearing in this Lease have been inserted for convenience of reference only and in no way define, limit or enlarge the scope or meaning of this Agreement or of any provision hereof.
In this Agreement, words importing the singular number only will include the plural and vice versa, words importing one gender will include all genders and words importing persons will include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities of any kind whatsoever. All covenants of the Renter will be joint and several.
RULES AND REGULATIONS
RENTAL CLEANUP CHECKLIST
The Renter is responsible for any mid-rental cleaning unless prior arrangement has been made with the LPC Camp Director. Please inform LPC staff if any items need refilling (such as toilette paper, paper towel, soap, etc) and/or if access to cleaning supplies is needed. The rented facilities will be left in a comparable manner to how they were prior to the rental.
The Renter will be responsible for:
Lone Prairie Camp will be responsible for:
IN WITNESS WHEREOF the Landlord and Tenant have executed this Lease as of the day and year shown on the first page of this Lease.
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Document Name: Lone Prairie Camp Rental Agreement
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