Campground Lot Use License Agreement
THIS AGREEMENT dated , 20 , (“Effective Date”), by and between Christ’s Sanctified Holy Church, Inc., a Georgia Corporation (“Licensor”), and (“Licensee”).
WHEREAS, Licensee seeks to obtain a non-exclusive usufruct for the purposes and on the conditions
granted by this agreement and to acquire the right to enter upon Licensor’s property designated as Lot
, Block , Section ,
(“Lot”) on the Christ’s Sanctified Holy Church Campground in Houston County, Georgia (“the Campground”), for the sole purpose of residing in and/or erecting improvements thereon for the use as a residence, subject to the terms and conditions set forth in this License Agreement and the Christ’s Sanctified Holy Church Campground Rules and Regulations (see addendum “1”) as adopted on November 26, 2004, and as amended from time to time as deemed necessary by the Board of Extension for the welfare of the Campground.
NOW, THEREFORE, intending to be legally bound, the parties agree as follows:
1. Church Membership. That the undersigned Licensee certifies that he/she does not attend any other church on a regular basis nor is a member of any church other than Christ’s Sanctified Holy Church; and, further, that Licensee must be and remain a in good standing of Christ’s Sanctified Holy Church as determined by the Board of Extension of Christ’s Sanctified Holy Church (“Board of Extension”) as a continuing condition of this license; and, further, Licensee will not promulgate any doctrine other than that of Christ’s Sanctified Holy Church.
2. Approval from Board of Extension. That the Board of Extension of Christ’s Sanctified Holy Church (“Board of Extension”) shall approve all persons desiring to live on the Campground. Each Licensee entering this agreement agrees to subject himself to a background check by the Board of Extension using such criteria as deemed appropriate for said background check.
3. Construction Approval. Prior to starting any construction on the campground, Licensee agrees to submit plans to the Board of Extension or its designee for approval of size and architectural style. Any and all construction is also subject to any and all applicable state and county building codes and regulations.
All construction placed on lots adjacent to Highway 41 shall have a brick exterior except for those lots in Section Three. Single-wide trailers will not be allowed on lots that face Sandefur Road or Highway 41 in Section Two. See amendment “A” far setbacks and additional regulations.
4. Building Permits. The Board of Extension shall designate an individual responsible for obtaining all necessary building permits for the Campground. It shall be the responsibility of the Licensee to contact the designated individual and have him obtain the necessary building permits. Licensee shall be responsible for reimbursing Licensor for any fees associated with obtaining the permits.
CAMPGROUND LOT USE LICENSE AGREEMENT
THIS AGREEMENT dated , 20 , (“Effective Date”), by and between Christ’s Sanctified Holy Church, Inc., a Georgia Corporation (“Licensor”), and (“Licensee”).
WHEREAS, Licensee seeks to obtain a non-exclusive usufruct for the purposes and on the conditions
granted by this agreement and to acquire the right to enter upon Licensor’s property designated as Lot
, Block , Section ,
(“Lot”) on the Christ’s Sanctified HolyChurch Campground in Houston County, Georgia (“the Campground”), for the sole purpose of residing in and/or erecting improvements thereon for the use as a residence, subject to the terms and conditions set forth in this License Agreement and the Christ’s Sanctified Holy Church Campground Rules and Regulations (see addendum “1”) as adopted on November 26, 2004, and as amended from time to time as deemed necessary by the Board of Extension for the welfare of the Campground.
NOW, THEREFORE, intending to be legally bound, the parties agree as follows:
1. Church Membership. That the undersigned Licensee certifies that he/she does not attend any other church on a regular basis nor is a member of any church other than Christ’s Sanctified Holy Church; and, further, that Licensee must be and remain a in good standing of Christ’s Sanctified Holy Church as determined by the Board of Extension of Christ’s Sanctified Holy Church (“Board of Extension”) as a continuing condition of this license; and, further, Licensee will notpromulgate any doctrine other than that of Christ’s Sanctified Holy Church.
2. Approval from Board of Extension. That the Board of Extension of Christ’s Sanctified Holy Church (“Board of Extension”) shall approve all persons desiring to live on the Campground. Each Licensee entering this agreement agrees to subject himself to a background check by the Board of Extension using such criteria as deemed appropriate for said background check.
3. Construction Approval. Prior to starting any construction on the campground, Licensee agrees to submit plans to the Board of Extension or its designee for approval of size and architectural style. Any and all construction is also subject to any and all applicable state and county building codes and regulations.
All construction placed on lots adjacent to Highway 41 shall have a brick exterior except for those lots in Section Three. Single-wide trailers will not be allowed on lots that face Sandefur Road or Highway 41 in Section Two. See amendment “A” far setbacks and additional regulations.
4. Building Permits. The Board of Extension shall designate an individual responsible for obtaining all necessary building permits for the Campground. It shall be the responsibility of the Licensee to contact the designated individual and havehim obtain the necessary building permits. Licensee shall be responsible for reimbursing Licensor for any fees associated with obtaining the permits.
5. Liens or Mortgages. Mortgages or liens for construction shall not be placed on the Campground property. Structures or Campground property shall not be used as collateral for any loan. Furthermore,
Licensee shall not; cause or permit any liens to be placed against the Lot or against Licensor’s other property as a result of Licensee’s exercise of rights under this License. The event of the filing of any such liens shall constitute a default of this License Agreement subjecting the Licensee to damages incurred by the Licensor and eviction. Licensee shall promptly cause such liens to be removed. In no event shall such lien removal require more than thirty (30) days.
6. Transfer. The Licensee agrees that there shall not be a transfer of this License Agreement without prior written approval of the Board of Extension and, upon transfer, a new License Agreement shall be signed by all users, subject to all rules and regulations then in effect. The Board of Extension may deny any transfer request in its sole discretion. No transfer shall be approved to a person who does not meet the qualifications set forth in this License Agreement.
7. Property Taxes, Water & Sewer fees, etc. Licensee agrees to reimburse Christ’s Sanctified Holy Church for any expenses including but not limited to property taxes and water & sewer fees incurred by Christ’s Sanctified Holy Church on licensee’s behalf.
8. Compliance with Local Laws. The Licensee agrees to abide by all local government laws and regulations, and, when necessary, the Licensee will reimburse the Licensor for any expenses it, incurs in conforming to said laws and regulations on behalf of the Licensee.
9. Property of Christ’s Sanctified Holy Church. Licensee acknowledges that any improvements now in existence or to be built, in the future are or will be owned by the Licensor. Licensee agrees that upon execution of this document any vacant Lot not having an approved structure under construction within one year shall, in writing, file for an extension with Christ’s Sanctified Holy Church’s “Board of Extension”. Granting of said extension will be at the sole discretion of the Board of Extension and subject to default and revocation of this Lot Use Agreement. As consideration for this License Agreement, Licensee shall have sole and exclusive responsibility for the maintenance and upkeep of the Lot and the improvements thereon during the entire term of this License Agreement. All maintenance and upkeep shall be performed in a manner appropriate to uphold the Campground standards as set forth in the Campground Rules and Regulations as time to time modified by the Board of Extension.
10. Indemnity. Licensee shall indemnify, defend, and hold harmless Licensor, its officers, agents and employees, from and against any claims, damages, costs, expenses, or liabilities (collectively “Claims”) arising out of or in any way connected with this License Agreement including, without limitation, Claims for loss or damages to any property, or for death or injury to any person or persons but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of Licensee, its officers, agents, partners, invitees or employees.
11. Guests. Licensee shall not permit any guest or guests to reside on the Lot for more than thirty (30) cumulative days in any twelve (12) month period without obtaining the permission of the Board of Extension to allow the use of the Lot and improvements by the subject guests). Any Licensee wishing to have other persons use their Lot for reasons other than Christ’s Sanctified Holy Church Camp Meeting shall obtain prior approval from the Board of Extension.
It shall be the responsibility of the Licensee to assure that any guest(s) of the Licensee abide by the Rules and Regulations for the Campground as published by the Board of Extension from time to time as well as the terms and provisions of this License Agreement. Every Licensee and guest is expected to maintain proper decorum at all times.
12. Default. Licensee shall be in default of this License Agreement if at any time Licensee is in breach of any of the terms and conditions of this License Agreement or at any time Licensee is in violation of any of the Campground Rules and Regulations.
Upon Default, Licensor shall notify Licensee of said default in writing. Upon notice of the default, Licensee shall have fifteen (15) days within which to cure said default condition. If more time is reasonably required for Licensee to cure the default, then Licensee shall request in writing to the Board of Extension an extension of the fifteen (15) day cure period; granting of an extension of the cure period shall be at the sole discretion of the Board of Extension. If the default condition is not cured within the fifteen (15) day period (or other such period as agreed upon by the parties), Licensor shall notify Licensee in writing of
Licensee’s failure to cure the default and this License Agreement shall terminate. Pursuant to said notice of termination, Licensee shall have fifteen (15) days to remove themselves and all personal belongings from the Campground. Furthermore, failure of Licensee to remove themselves from the Campground after being notified to do so pursuant to this provision of the License Agreement shall result in Licensor seeking intervention of the Houston County court system to pursue damages and have the Licensee evicted from the Campground.
13. Campground Rules and Regulations. Licensee agrees to abide by all existing and future rules concerning the Campground as adopted by the Board of Extension and as amended from time to time.
14. No Interference. Licensee shall not interfere with the normal operations and activities of Licensor, and Licensee shall conduct himself in a manner that minimizes damage to the Lot and inconvenience to the Licensor, its agents, employees and invitees.
15. Usufruct. This License Agreement gives the Licensee a usufruct in the Lot and does not create any other estate or interest in land.
16. Fixtures and Construction. All fixtures and construction whether now existing on the Lot or to be placed or constructed on the Lot shall remain a part of the Lot and is or will be the fee simple property of the Licensor.
17. Entire Agreement. This License Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings or agreements, whether written or oral, between the parties with respect to the subject matter of this license. No alteration or variation of this License Agreement shall be valid unless made in writing and signed by Licensor and Licensee under the same formalities as required in this License Agreement.
Any Actions or decisions made by the person requesting to stay on the Campground, or any actions or issues occurring on the Campground as a result of this Permit that would negatively affect the safety and well-being of the Campground and/or its Residents in the sole opinion of The Board of Extension shall result in the immediate termination of said permit.
18. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows:
Licensor: Christ’s Sanctified Holy Church
c/o
Licensee:
Or to such other address as either party may indicate in a written notice to other. All notices and communications given under this License Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this paragraph.
19. Insurance. Licensee, at his/her sole cost and expense, shall maintain property insurance and liability insurance with Christ’s Sanctified Holy Church listed as an additional insured on said liability policy. Further, Licensee shall furnish current copies of said policies to a person to be designated by Christ’s Sanctified Holy Church’s “Board of Extension”.
20. Waiver of Subrogation. Licensee hereby waives any right of recovery against the Licensor as a result of loss or damage to the property of the Licensee when such loss or damage arises out of an Act of God or any of the property perils insurable by insurance coverage, whether or not such peril has been insured or not.
IN WITNESS WHEREOF, the parties have executed this License Agreement the day and year first above written.
LICENSOR:
Signature:
Print Name:
Agent for
Christ’s Sanctified Holy Church
LICENSEE:
Signature:
Print Name:
Amendment “A”
1. All cabins should be brought into compliance with the building setbacks as required by the Board of Extension and the approved “Lot Use Agreement” when cabins are structurally changed or torn down and replaced.
Setback from property lines for cabins
All property lines shall be determined by the official representative of the Board of Extension or their designee as appointed by resolution of the Board.
A. Section One: The front property shall be 15’ from the centerline of the street. There shall be NO front setback line. Under no condition shall part of the structure, the stoop, or front steps protrude into the right of way in any manner. The side setback shall be 5’ from the property line and at least 10’ from any adjacent structure. The rear setback, unless otherwise approved by the Board’s representative in writing, shall be 10’ from the rear property line and at least 10’ from any adjacent structure. The cornice or eave may protrude into the setback area by a maximum of 16”. No fireplace or other type of structure may invade the setback area. All state fire codes shall apply.
B. Section Two: The front setback shall be 25’ from the pavement. The side setbacks shall be 10’ from the property line and must be 10’ from any adjacent structure. The rear setback shall be 25’ from the rear property line. No part of the house structure shall protrude into the setback areas including but not limited to stoops, fireplaces, and eaves. Patios and driveways may be placed in setback areas but may not be covered.
C. Section Three: The front setback shall be 20’ from the existing paving. The side setback shall be 5’ from the side property line and 10’ from any adjacent structure. The rear setback shall be 10’ from the rear line and 10’ from any adjacent structure. Front stoops shall extend a maximum of 5’ into the 20’ setback including steps. Stoops shall not be covered by any type of roof. Drives may extend to the property lines but may not be covered by any type of roof that protrudes into the setbacks. No other part of the house structure shall protrude into the setback areas including, but not limited to, fireplaces.
2. If possible, all cabins should be brought into compliance without the destruction of the structure itself when lots are transferred from the current owner to a new owner, even if the new owner is a family member. (Examples are non-structural carports, storage buildings, and sheds). These should be moved or removed so as not to inhibit the use of the adjacent property or violate existing requirements and codes.
3. No alterations or additions to the outside of any cabin shall occur without notification being given to the Board of Extension’s representative along with a plot plan showing that the changes fit within approved setbacks.
4 All permits for construction of new cabins and remodeling work shall be acquired from Houston County by the Board of Extension’s representative. No cabin owner may apply for a permit to build, alter, add to, or remodel their cabin.
5. Violations of side and rear setbacks shall be allowed with special approval on new cabins when the violation is a result of the adjacent property owner’s infraction. This shall only be allowed when it is contemplated that the adjacent property shall be torn down and the existing violation corrected.
6. “Structure” shall mean: All parts of a house required to create a habitable dwelling according to the Houston County Building Code and the Georgia State Fire Code. Detached carports, out buildings, and storage buildings shall not be considered part of the structure. Attached carports shall not be considered a part of the structure without special written permission from the Board of Extension’s representative.
LICENSOR:
Signature: Print Name: Agent for
Christ’s Sanctified Holy Church
LICENSEE:
Signature: Print Name: Date
Addendum “1”
CHRIST’S SANCTIFIED HOLY CHURCH CAMPGROUND RULES AND REGULATIONS
1. The use of alcohol, tobacco, and drugs in a non-prescribed manner is prohibited on the Campground.
2. All funeral services held on the Campground are to be approved by the Board of Extension and are to
be conducted by a member of Christ’s Sanctified Holy Church.
3. No solicitation of money, goods or services shall be conducted by any resident or third party on the Campground unless authorized by the Board of Extension.
4. The burning of trash, brush or other items is prohibited on the Campground.
5. Hunting and/or the discharge of firearms is prohibited on the Campground or other properties owned by Christ’s Sanctified Holy Church, without prior approval from the Board of Extension.
6. The operation of any motorized vehicles, including but not limited to golf carts, by persons under the age of sixteen (16) without direct adult supervision is prohibited on the Campground. As to the use or potential use of golf carts orany other motorized vehicles on the Campground, the undersigned hereby covenants and agrees to hold harmless CHRIST’S SANCTIFIED HOLY CHURCH its agents and employees from any claims, losses, damages or causes of action which the undersigned might have arising out of any accidental or negligent acts, or for any other cause or causes whatsoever, arising from or as a result of the undersigned’s operation of a golf cart or other motorized vehicle on the grounds of Christ’s Sanctified Holy Church and that by executing this hold harmless agreement, the undersigned certifies he/she has the authority to execute same.
7. The commission of crimes or any acts of moral turpitude as determined by the Board of Extension are strictly prohibited on the Campground.
8. No resident may park or allow to be parked any oversized vehicle, RV, trailer or other moveable object on the Campground streets so as to block or impede the flow of traffic overnight or on a continuous basis.
9. No resident or member of a household shall operate a motorized vehicle in a reckless or unsafe manner on Campground property.
10. Residents shall be responsible for the conduct of their visitors which disturb the quiet and peaceful enjoyment of other Campground residents.
11. Residents shall maintain their homes and surrounding landscape in a habitable condition; maintain the integrity of their structure in good repair; and keep the surrounding grounds maintained consistent with the Campgrounds aesthetic beauty.
12. Residents shall not allow any work on their property on Sunday.
13. Anyone refusing to comply with the rules contained herein or in breach of the Christ’s Sanctified Holy Church Campground Lot Use License Agreement will be notified of said violation. The Board of Extension will take any action it deems necessary and appropriate to enforce these Rules and Regulations up to and including retaking possession of the lot and improvements of violators as provided for in the Christ’s Sanctified Holy Church Campground Lot Use License Agreement.
14. The Board of Extension reserves the right to modify and/or amend any of the aforementioned Rules and Regulations in order to provide for the safety and security of Campground residents.
The undersigned hereby acknowledges receipt of, understanding of and agreement to abide by the rules and regulations contained herein, this day of , 20
.
LICENSOR:
Signature:
Print Name:
Agent for
Christ’s Sanctified Holy Church
LICENSEE:
Signature:
Print Name: