Seasonal / Monthly Camping Agreement


Bit O Heaven RV and MH Park 1051 W. Business Highway 83 Donna, Texas 78537-7001

Payment Plan Requested:

Seasonal / Monthly Camping Agreement for 20


Names: 
Site #:
Address:  
Starting Date: 
Ending Date: 


Bit O Heaven SPE, LLC (hereafter called "Owner") agrees to lease the above site in the Bit O Heaven RV and MH Park (the “Community”) to the undersigned Tenant(s) subject to the terms and conditions listed and referenced in this agreement, for the following time period, terms, and rental amounts:

_______  Annual Rental (12 months occupancy)

_______ Seasonal Rental (up to 6 months occupancy)                                                    $

_______ Additional Month(s):    $                   /month x                  months)                   $


Tenant(s) agree to pay Owner the above lease amount in full, along with applicable utility charges, taxes and fees, for the stated rental period. See our current "Park Rates" for a list of additional services and fees, and for terms of payment.

Tenants understand and agree that Owner has the right to increase rental charges at any time while this Agreement is in effect by giving Tenant at least thirty (30) days prior written notice of the increase. TENANTS’ INITIALS:  

Additional Occupants (list any minor children or other members of your household under age 18 and their birthdates):

 

 


Special Conditions:

 


RV Information:
Style:
 
Manufacturer:                   
Model:                                                       
Year:
Length:                                   
Number of slide outs:
State Registered:


AGREED: We have read and agree to abide by the terms of this agreement, including those found on the back of this page, and the Community Guidelines/Rules and Regulations and any amendments thereto, a copy of which we have received and which are incorporated herein by reference and made a part of this agreement for all purposes. We agree to be jointly and severally responsible for its requirements. (All tenants 18 and older must sign):

Signed by:

Tenant:                    Date:

Tenant:                    Date:

Tenant:                    Date:

Tenant:                    Date:

 

Accepted for Bit O Heaven RV and MH Resort:

Received on:       , 20
by:

IT IS FURTHER AGREED THAT:

  1. Placement of Unit: Unit's precise location on the site is to be approved by the Owner, and tenant agrees to obtain permission and follow published guidelines for location and construction of any site improvements.
  2. Additional Charges & Taxes: Tenant agrees to pay all rents, utilities, taxes, fees and other charges related to the use of the site and facilities. All payments are applied first to the oldest charges on your account.
  3. Terms: This Agreement may not be canceled, sold, transferred or modified without the written consent of Community management.
  4. Approved tenants only: Tenant agrees to limit use of this site to their immediate family, as listed on this lease, along with their visitors and guests. Requests for exceptions to this rule will be considered, and must be approved in writing. Visitors and guests must be accompanied by an adult tenant and are subject to the guidelines/rules and conditions listed in the Community Guidelines/Rules and Regulations.
  5. Peaceful Enjoyment: The premises shall be used for residential purposes only, and Tenant, all their occupants and their visitors shall conduct themselves in a lawful, peaceful manner and shall not interfere with the rights of the other Tenants or neighbors. Tenant shall not engage in, nor allow their tenants or visitors to engage in, any activities on the premises which are contrary to any law, ordinance, and/or any applicable health and/or fire department and/or insurance policy provisions. Tenant(s) may not rent or sublet their unit without permission from manager.
  6. Site Maintenance: Tenant agrees to keep premises in a clean and sanitary condition, in good repair, and free from vermin, rodents, and wild animals, to maintain lawns, landscaping, and walks in good condition, to not perform mechanical work in driveways, parking lots, and lawn areas, and to park all vehicles, boats, golf carts and other equipment in designated areas.
  7. Parking: Tenant agrees to park unit and any accompanying vehicles/motorcycles/golf carts, etc on the site you are renting only.  You will incur additional charges for Parking on any sites other than the one you are leasing/paying for.  Tenant agrees to not park in the street at any time, unless loading or unloading for a period of not more than 15 minutes.  Due to space allowances, we do allow 2 on, 2 off with permission from management.   INITIALS  _____________________
  8. Damages: Tenant agrees to report and accept liability for damages and injuries caused by Tenant and guests, including payment for any damages they incur to tenant's property, other tenant's property, and park facilities.
  9. Insurance: Tenant agrees to carry liability and hazard insurance for their personal property, including RV, site improvements, pets, boats, golf carts, motor vehicles, docks, etc. Tenant agrees that Owner shall not be liable for any damage or injury to person or property occurring on the premises, grounds, common areas, or recreational facilities of the Community.
  10. Licenses: Tenant agrees to display current license plates or tags on all motor vehicles and watercraft. No unlicensed vehicle/ watercraft may be used or stored at the Community. RV's in storage must display a license. Dogs must be registered and licensed.
  11. Pets: All dogs - including visiting dogs - must be registered and kept in accordance with the Community Guidelines/Rules and Regulations.
  12. Severability: If any provision of this agreement shall be declared invalid or unenforceable, the remainder of the agreement shall continue in full force and effect.
  13. No RV Re-sale on Site: RV's may not be sold and may not post a "FOR SALE" sign while on site. Only those park models & manufactured homes that have been inspected and approved for resale by management may be sold on site.
  14. Non-Renewal: This agreement must be renewed annually. In event of non-renewal, Tenant must give written notice no later than sixty (60) days prior to the Ending Date and site must be vacated no later than the Ending Date. If site is not vacated by the Ending Date, you agree to pay the current short term camping rate until site is vacated, and to allow Community management to remove RV and personal property from site (see #19).
  15. Restoration of Site: Upon termination or non-renewal, tenant agrees to remove the RV and all personal property and to restore the site to move-in condition. Trees, shrubs and flowers may not be removed from the site without written permission.
  16. When removing your mobile home, a $500 refundable deposit is required before removal starts in case of any damages, and will be refunded after site is assessed as clear.
  17. Temporary Relocation: In the unlikely event that the Owner must access your site in order to service or upgrade its facilities, the Owner may require you to abandon the site. Owner will provide either an alternate site or temporary storage for your unit. If no alternate site is available, prepaid rents will be refunded on a pro-rated basis. However, no refunds will be issued for interruptions to your electric, water, sewer or services due to mechanical failure, "acts of god," or events beyond our control.
  18. Termination: Owner may terminate this agreement upon 30 days written notice. Owner retains the exclusive right to determine the suitability of any tenant and the necessity of discharging them.
  19. Eviction: Management may remove or cause to be removed from the Community any tenant or guest or other individual who, while on the premises of the Community, disturbs the peace and comfort of the other tenants, who causes physical harm to the Community facilities, or who fails to pay rent at the rental rate agreed upon by the time agreed upon. Management may also disconnect your utilities, place a lien upon property, place your property in storage, or take other actions as provided by law.
  20. Storage: If, for any reason listed herein or in the Community Guidelines/Rules and Regulations, tenant fails to vacate site when required, Owner may place tenant's RV and personal property in storage until claimed and a moving/ storage fee is paid. Tenant agrees to hold Owner and his agents harmless for any damage to tenant's property caused in the course of its moving or storage.
  21. Abandonment/Disposal: Tenant's property on premises or removed to storage is subject to monthly non-resident storage fees. If storage fees are not paid or if property remains unclaimed for more than 90 days, it will be considered abandoned and may be disposed of at management's discretion, and without liability to tenant.
  22. Refund of Deposit: Deposit will be refunded upon written request after RV site and items in storage are completely vacated, and payment has been received for all outstanding charges.

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___________________________________________        ___________________________

Secondary Signer                                                                                            Date

 
 
 
 
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
--- READ BEFORE SIGNING ---

In consideration of being allowed to use the workshop, tools and equipment located on the Bit O Heaven property (the “Facility”) located at 1051 West Business Hwy. 83, Donna Texas 78537, and owned by Bit O Heaven SPE, LLC (the “Owner”), I, the undersigned individual, freely enter into this Assumption of Risk and Release of Liability Agreement (“Release”) and hereby acknowledge and agree as follows:

1. Assumption of Risk. I understand and acknowledge that use of the Facility is entirely voluntary and involves serious risk, including, without limitation, risk of property damage, bodily injury, permanent disability, and death. These risks may result from the use of the Facility, the acts of others, or the unavailability of emergency medical care or immediate staff response. I knowingly and freely assume all such risks associated with my use of the Facility, both known and unknown, and assume full responsibility for the same. I have had the opportunity to inspect the Facility and accept it as being safe and suitable for the purpose intended. If I observe a hazard during my use of the Facility, I will immediately cease my use of the Facility and bring such hazard to the attention of the Owner. I UNDERSTAND THAT THE OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGE TO PERSON OR PROPERTY IN CONNECTION WITH USE OF THE FACILITY.

2. Release. I, FOR MYSELF, MY FAMILY MEMBERS, GUESTS, LEGAL GUARDIANS, HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS AND ASSIGNS (“RELEASORS”), HEREBY RELEASE, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS, AND COVENANT NOT TO SUE THE OWNER, ITS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, INJURIES, DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES (INCLUDING ATTORNEY FEES AND COSTS) OF EVERY NATURE AND KIND WHATSOEVER, WHETHER ARISING FROM MY OWN ACTIONS OR NEGLIGENCE, THE NEGLIGENCE OF OTHERS USING THE FACILITY, OR THE NEGLIGENCE OF THE OWNER, RELEASEES, AND/OR ANY OTHER PERSON, WHICH MAY ARISE OUT OF OR RELATE IN ANY WAY TO MY USE OF THE FACILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.

3. Certification of Health and Ability. I understand that the use of tools, machinery and heavy objects are hazardous activities. I further understand that these activities involve risk of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. I certify that I am physically fit and have not been advised by a qualified medical professional that should not use tools of any kind or engage in manual or strenuous activities. I am in good physical and mental health and do not have any physical or mental conditions that could adversely affect my ability to safely use the Facility. I have the requisite skills, qualifications, physical ability and training necessary to properly and safely use the Facility and all tools provided in the Facility. If I have any questions as to what skills, qualifications, physical abilities or training are necessary, I will direct such questions to my physician prior to using the Facility.

I also have read and been informed of the following warning and notification: “If you are currently under a physician’s care for an injury, condition or illness, the Owner strongly urges you to consult your physician before using any tools or equipment, or otherwise using the Facility.”

4. No Supervision. I acknowledge (i) that the Facility is completely unsupervised and unattended; (ii) that use of the Facility without supervision or an attendant increases the risks associated with using tools, lifting heavy objects, and general carpentry activities, (iii) satisfactory medical care may be significantly delayed or may not be available at all due to the lack of supervision at the Facility, and (iv) the unsupervised nature of the Facility increases the odds of access to the Facility by unauthorized persons.

5. Compliance with Policies. I have read and agree to comply with all policies and procedures for the use of the Facility. Including the policy prohibiting non-residents from using or accessing the Facility. I understand that permission to use the Facility may be suspended, revoked or denied by the Owner in its sole and complete discretion.

6. Miscellaneous. I acknowledge that this Assumption of Risk and Release of Liability (“Release”) is governed by the laws of the State of Texas, without giving effect to conflicts of law principles. The releases, waivers and indemnities set forth herein are intended to, and will be, deemed interpreted, construed and enforced as the fullest, broadest and most complete indemnities, releases and waivers permitted by law or in equity. This Release will continue in full force and effect and will not be merged, extinguished or modified except on the express written and executed consent of the undersigned and the Owner.

I HAVE READ THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

 

___________________________________________        ___________________________     ___________________________

Resident Signature                                                                                        Date                                                                      Address

 

___________________________________________        _______________________________

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Signature Certificate
Document name: Seasonal / Monthly Camping Agreement
lock iconUnique Document ID: d89270df240054923ee822ccd4d0d41425a54fce
Timestamp Audit
June 28, 2024 1:53 pm CSTSeasonal / Monthly Camping Agreement Uploaded by Scott Campbell - manager@bit-o-heaven.net IP 47.181.18.237