Heron Lakes, East Riding of Yorkshire

Description

Heron Lakes is the result of 8 years of meticulous research and planning by the Bird family to bring about a long held dream, by creating an environment where nature abounds and then to share the dream with like minded people, enabling them to buy their own little piece of the English countryside.

Working in conjunction with Defra and Hull Wildlife Trust we have carefully created the lakes and surrounding areas to fully promote the correct habitat and encourage diversity. As a result the Wildlife abounds, including Deer, Hares, Swans, Ducks, Sandmartins and of course Herons!

The Lakes themselves are a coarse and fly fisherman's dream.

Address

Heron Lakes
Main Road
Routh
Beverley
East Riding of Yorkshire
HU17 9SL

T: 01964 545968
W: http://www.heron-lakes.co.uk/

Licence Agreement for a Holiday Lodge Pitch

Introduction & Summary of the Agreement

1. This agreement permits you to occupy it for holiday and recreational purposes. It complies with the Code of practice for Selling and Siting Holiday Caravans issued by the British Holiday & Home Parks Association and the National Caravan Council and is the Licence Agreement referred to in that Code.

2. You will already have been supplied with a copy of the Code. A copy of the Code is available for inspection at the office of the Park Owner or may be obtained from the British Holiday & Home Parks Association at Chichester House, 6 Pullman Court, Great Western Road, Gloucester, GL1 3ND or The National Caravan Council at Catherine House, Victoria Road, Aldershot, GU11 1SS.

3. Part 1 contains the particulars of the Lodge, the length of time you may station it, the season during which you can use it and other information such as the amount of the pitch fee payable to the Park Owner.

4. Stationing a Lodge is a long-term commitment and you will have to comply with the terms and conditions contained in Part 2.

5. Part 2 clause 1 sets out in detail the meaning of expressions used in the Agreement. Clause 2 gives you permission to station the Lodge. Clause 3 contains the obligations you are taking on. Clause 4 sets out standards of behaviour which are expected of you and members of your party using the Lodge.

6. Clause 5 sets out the obligations undertaken by the owner of the Park.

7. Clause 6 contains the procedure should you decide you want to sell the Lodge. Under clause 6 b all sales on the Park have to be dealt with through the office of the Park Owner who is entitled to meet and approve the buyer of the Lodge. The clause also provides for the seller of the Lodge to pay the owner of the Park a commission.

8. Clause 7 sets out the basis on which the pitch fee may be reviewed.

9. The Lodge may be moved from its pitch to allow redevelopment and/or maintenance and this is dealt with in clause 8.

10. The situations in which the Agreement can be brought to an end are described in clause 9. Clause 10 sets out the circumstances in which the Park Owner is able to bring the Agreement to an end and clause 11 allows you to bring the agreement to an end by notice in writing.

11. Clause 12 sets out what has to happen when the agreement is terminated.

12. If the Park Owner is in breach of his obligations under the Agreement he may be liable to pay compensation to you and/or to permit you to move the Lodge away on less notice than is usually required.

13. In addition to the obligations set out in the Agreement there will be Park Rules, which will be individual to each park, and these may have to be changed from time to time as permitted by clause 13.

14. If a dispute arises clause 14 allows for this to be resolved by arbitration as an alternative to going to Court. Certain disputes have to be referred to an independent surveyor for determination by him.

Licence Agreement Part 1- Particulars


Date of Agreement:



Names and addresses of parties:


Park Owner: Heron Lakes (Routh) Ltd, Main Road, Routh, Beverley, East Yorkshire. HU17 9SL

Lodge Owner:


Name of Park: Heron Lakes

Description of Lodge:
Date of First Purchase: 1st September 2011

Category of Lodge: Twin Unit

Licence Period: 99 years from 1st January 2007

Amount of annual pitch fee and when payable:



Review Date: the1st day of January in each year of the Licence Period
A Plan Showing;
a) The size of the pitch,
b) The size of the base on which the Lodge is to be stationed,
c) Measurements between identifiable fixed points on the park and pitch base

Is attached to this agreement.



Other Charges, all of which are compulsory

Local authority business rates for a proportion for the common areas used jointly with the Park Owner and other Lodge owners.
Gas consumed from the pitch supply.
Electricity consumed in the Lodge.
£50 deposit for gate key.

Season: See attached copy of site licence issued by East Riding County Council
Hiring: NOT PERMITTED
Services provided without separate additional charge:
External lacquering of the lodge and decking every three to five years, the right to fish on lakes 1, 2 and 3, non motorised water sport on Lake 4, road lighting, site security, road maintenance, landscaping services, refuse removal from designated Bin Areas, closed circuit television security system. Water and Sewage Charges.
Services provided for a charge: (here refer to any service that can be purchased by the owners)
Electric, Gas, Plumbing, Joinery & Decorating services.
Requirement to insure through Park Owner:
No
Whether winter storage charged for separately:
NOT APPLICABLE
PLEASE NOTE: This is a legally binding agreement which you should sign only if you are satisfied with its terms and conditions.
You should understand that the purchase price of the Lodge and any resale value are subject to a variety of factors and resale value may improve or reduce over time.

SIGNATURES

Lodge For Park
Owner_____________________________ Owner___________________________




Part 2 Terms & Conditions of the Licence Agreement


1. Meanings of Expressions used in this Agreement and Interpretation:

‘Lodge’ means the Caravan Holiday Home described in Part 1

‘we/our/us’ means the Park Owner described in Part 1
.
‘you/your’ means the Lodge Owner described in Part 1

‘Lodge Owner’ means the person(s) whose name and address appears in Part 1

‘Fair Market Value’ means the price (taking into account current market conditions) which a buyer of the Lodge would reasonably expect to accept for the Lodge located for sale on the Park complete with this Licence Agreement. This price shall be calculated without regard to any commission which we would be entitled to charge under clause 6 of part 2 to the buyer of the Lodge.

‘Family Member’ means your spouse, parent, grandparent, child, grandchild, brother or sister, and the spouse of any of those persons and treating the stepchild of any person as his child.

‘Hire/Hiring’ means the act of obtaining for payment whether cash or kind the use of the Lodge by persons (except family members) other than you. If Hiring is compulsory this will be clear form Part 1 of this Licence Agreement. When Hiring is stated to be compulsory it means we can Hire the Lodge for you. Whether Hiring is compulsory or permitted it will take place on the basis of a separate agreement between us.

‘Independent Surveyor’ means the surveyor appointed under clause 14 for the purpose of determining any dispute under the clauses 6 and 8 of this Agreement.

‘Licence Period’ means the period shown as the Licence Period in Part 1.

‘Park Owner’ means the person(s) whose name and address appear in Part 1.

‘Park Rules’ means the rules of conduct and practice issued from time to time and applicable to the occupation and use of the Lodge and other facilities at the Park. A copy of the Park Rules in force at the date of Agreement is attached.

‘Review Date’ means the day set out in Part 1 on which the Pitch Fee is reviewed under clause 7.

‘Season’ means the period during which the Lodge may be occupied as shown in part 1 or such other period as may be prescribed by the Site Licence.

‘Site licence’ means the lodge site licence applicable to the Park issued to us by the local authority under section 3 of the Caravan Sites and Control of Development Act 1960 (or in the case of Northern Ireland under section 4 of the Lodges (Northern Ireland) Act 1963) and other relevant statues

‘Services’ means the services and facilities which we have to provide for you and which are listed in Part 1.


Where there is more than one person described as a party to this agreement in Part 1 we may enforce the obligations of those persons under this Agreement against any one or more of them as we see fit.



2. Permissions to station the Lodge

a. As long as you comply with this Agreement we permit you throughout the Licence Period to station the Lodge on a pitch at the Park and to occupy it each season during the Licence Period. The Licence Period shall be reduced by one year in respect of each year of the Licence Period in which Hiring takes place.

b. This permission is personal to you and may not be assigned or transferred to any other person. The permission comes to an end when you sell or transfer the Lodge to anyone else including a Family Member.

c. Furthermore this Agreement does not permit the stationing of any alternative or replacement Lodge.


3. Your Obligations

You agree with us as follows:

a. To comply with the terms of this Licence Agreement and the Park Rules.

b. To pay the Pitch Fee and other charges due to us promptly on the days set out in Part 1.

c. To pay interest at 4% over base rate from time to time of a London clearing bank nominated by us on any sums overdue to us (in Northern Ireland, a Northern Irish bank nominated by us).

d. To insure the Lodge to its full value against all usual risks including fire and storm damage and against third party liability in such reasonable sum as we may notify to you from time to time (not being less than £2m) and to provide us with up to date details of the insurances on request. To insure through our agency if this is a requirement of Part 1.

e. To keep the Lodge in a good state of repair and condition, in a habitable state and to comply with all servicing and usage recommendations of the manufacturer of the Lodge.

f. To use the Lodge only as your holiday accommodation and not as your only or main residence.

g. Not to do or omit to do anything which might put us in breach of any condition of the Site Licence and to comply with all statutory requirements in relation to the Lodge and its installations and furnishings. The conditions of the Site Licence are displayed on the Park and you should familiarise yourself with the obligations placed on you by the Site Licence and bear in mind that the conditions can be changed and are subject to review from time to time.

h. Not to carry out any building works at the Park or to erect any extension to the Lodge or without permission in writing of the Park owner to erect any hut, fence, structure TV aerial or clothes line or to connect any services or utilities to the Lodge.

i. To permit us to remove the Lodge from a pitch in accordance with the rights we have under this Agreement.

j. To permit us to conduct any siting or removal work (even after termination of the Agreement) in respect of the Lodge ourselves or through our contractors in order that we can maintain standards on the Park.

k. To comply with any requirement contained in Part 1 as to Hiring the Lodge.

l. To comply with the provisions of clause 6 below when selling the Lodge.






4. Behaviour Standards

By entering into this Agreement you undertake for yourself and people who occupy the Lodge as your guests (including children) to adopt the following standards of behaviour:

a. To act in a courteous and considerate manner towards us and other customers of ours.

b. To supervise children properly so that they are not a nuisance or danger to themselves or others.

c. You further agree that you will not:
• Commit any criminal offence at the Park or use the Lodge for the furtherance of any criminal activity.
• Commit any acts of vandalism or nuisance.
• Keep or carry any firearm or any other weapon at the Park.
• Use any unlawful drugs.
• Create any noise or disturbance.
• Carry on any trade or business at the Park.
• Act in breach of the Site Licence

And you accept that any breach of these behaviour standards may bring about the termination of your Licence. Termination by us is dealt with by clause 10.


5. Our Obligations

We undertake with you as follows:

a. We will provide the Services to the Lodge except where these have to be interrupted for the purposes of repair or for other reasons beyond our control such as interruptions in the supply of services to us.

b. We will move the Lodge from the park or the pitch only in accordance with the provisions of clauses 8 and 10.

c. We will comply with our obligations if you terminate this Agreement under clause 11.

d. We will insure the Park against usual third party risks to a minimum of £2m per claim.

e. We will sell you electricity at a rate of charge prescribed by the Office of the Electricity Regulator (OFFER) and will sell Liquid Petroleum Gas (LPG) gas at a price recommended as the retail price from time to time by the gas supplier (plus a reasonable delivery charge).

f. If an age limit appears in Part 1 of this Agreement we shall be bound by such an age limit in relation to Lodges of that category which we sell on the Park.


6. Selling the Lodge

Provided that the age of the Lodge does not exceed any Age Limit which appears in Part 1 you may sell the Lodge in accordance with the provisions of this clause. If the age of the Lodge exceeds any Age Limit you may only sell it for removal from the Park.

a. You agree to write and tell us if you are putting the Lodge on the market for sale while it remains on the Park and to conform to us in writing every two months thereafter that it remains for sale. You agree to tell us in writing whether the Lodge is subject to finance and if it is give us the name of the company and the reference number of the Agreement.


b. You agree to follow the procedure set out below:
(i) To conduct the sale transaction through our office and appoint us your agent for that purpose. We will receive all purchase moneys from your buyer and will promptly account to you for the same, subject to discharging any finance outstanding on the Lodge of which you have notified us in writing.
(ii) To allow us to approve your prospective buyer by seeking suitable references and carrying out the enquiries we consider to be appropriate. If we wish to we may require a meeting with your buyer in person.
(iii) We can advise you on the price you may obtain for the Lodge and we will tell you the percentage rate of commission we would charge you.
(iv) You agree to write to us telling us the agreed price if you intend to sell the Lodge to a third party (but not in the case of a Family Member) and we are entitled within two working days of receiving your letter to buy the Lodge from you, for the same price, without charging you any commission. If we buy the Lodge from you in this way we may only deduct from the purchase price we pay you sums which are lawfully due to us under this Agreement and any sum needed to settle outstanding finance.

c. To assist you in the process of selling the Lodge:
(i) We will only withhold approval of a prospective buyer on reasonable grounds.
(ii) Where we have approved your buyer we will give him a new Licence Agreement for the amount of the Licence Period which then remains unexpired. In other respects the new Licence Agreement will contain terms at least as beneficial to your buyer as this Agreement.

d. Before we issue the new Licence Agreement to your buyer we will charge you a commission of not exceeding 5% of the Fair Market value of the Lodge (including Value added Tax or any similar tax if appropriate) .

e. Apart from commission we will not make any other changes to you or to the buyer of the Lodge without the express agreement of the paying party or unless additional rights or services are agreed between the parties.

f. Without affecting your statutory and legal rights, in the event of any dispute as to what the Fair Market Value may be the question may be referred to the Independent Surveyor for determination under clause 14 of this Agreement.

g. You have the unrestricted right to remove the Lodge from the Park on reasonable notice to us and as long as you comply with clause 3 j above.


7. Review of Pitch Fees

a. On the review date we are entitled to review the Pitch Fee. We must give you at least three month’s notice in writing before the Review date of an increase in the Pitch Fee.

b. We will give you a written explanation of the reasons for any increase which is proposed.

c. If not less than 51% of the owners of Lodges affected by a proposed increase object to us in writing the parties will together take steps to have the reviewed fee determined by a special arbitration scheme relating only to the review of the annual Pitch Fee. Otherwise the proposed reviewed Pitch fee will become payable with effect from the Review date.


d. The Pitch Fee will be reviewed (by us or the arbitrator/arbiter) having regard to the following criteria:
• We are entitled to pass on to you as appropriate any changes which are not within our control such as rates, water charges and other charges paid to third parties.
• Any changes in the cost of living as shown by the General Index of Retail Prices or another Index of Retail Prices or another index having a similar purpose.
• Sums spent by us on the Park and/or its facilities
• Changes in the cost of salaries and wages which we have to pay our staff.
• Any other relevant factor.

e. When the Leisure Centre has been built and designated as a Leisure Centre the sum of £500 will be added to the annual Pitch Fee and thereafter will be subject to review as above.


8. Moving the Lodge

Within the Licence Period we may wish to move the Lodge to another part of the Park and this clause sets out the basis on which we may do that, for example because we are developing an area of the Park, or installing some facility.

a. we are allowed to remove the Lodge for the purposes of the redevelopment and/or maintenance of the Park and when this happens we will give you at least three months’ notice in writing. If the Lodge has to be moved because of some emergency or because of works to be carried out by a third party over whom we have no control such as a water supply company or other utility company we will give you as much notice as we can.

b. We will be responsible for all responsible costs incurred in moving the Lodge.

c. Following redevelopment we are entitled to return the Lodge to its original pitch or to site it permanently on another pitch. If the consequence of the redevelopment is that the original pitch is less pleasant or if the move is permanent we must offer an alternative satisfactory pitch. Among the features to be taken into account in deciding whether the original pitch is less pleasant as the result of redevelopment will be the loss of view and proximity to vehicular traffic.

d. Any dispute arising under sub clause c above as to the pleasantness of the alternative pitch or the question whether the original pitch is less pleasant by reason of the development may be referred to the Independent may be referred to the Independent Surveyor under clause 14 of this Agreement.

e. We are entitled to move the Lodge at any time in the event of an emergency but will wherever possible give at lease seven days’ notice for any move occurring during this season.

9. Termination of the Licence

The Licence may come to an end in any of the following ways:
• By you giving us notice in writing of your wish to end it.
• Because the Licence Period has passed.
• By the sale of the Lodge or by you losing title to it.
• By us taking steps to terminate it because you have broken your obligations under this Agreement.


10. When we may terminate the Licence Agreement

a. If you are in serious breach of your obligations under this Agreement and the breach is not capable of being remedied we may serve upon you reasonable notice in writing to terminate this Licence Agreement. In deciding what period of notice is reasonable we shall have due regard to the nature of the breach.

b. If you are in breach of any of your obligations which is capable of being remedied (for example such as a failure to repair the Lodge or to pay pitch fees promptly) we may write giving you notice specifying the breach and asking you to remedy the breach within a reasonable time. If you do not comply with that notice we are entitled to write to you to end the Licence Agreement and to require you to remove the Lodge from the Park within one month.

11. When you may terminate the Licence Agreement

You are entitled to bring this Agreement to an end by writing to us giving us not less than two month’s notice. However if we have broken our obligations to you under this Agreement you may give us a lesser period of notice but should still give us as much notice as possible.

12. The consequences of termination of the Licence Agreement

a. You will remove the Lodge and all other property of yours from the Park within one month after termination of this Agreement however that comes about. In accordance with clause 3 j above we are to arrange for all de-siting work or to carry this out ourselves. If you fail to remove the Lodge under this clause 12 a we are entitled to remove it ourselves.

b. We are entitled to make a reasonable charge for disconnecting the Lodge from services and preparing it for transport away from the Park. This charge will be based upon the time spent and costs incurred by us in this process.

c. Where we end the Licence Agreement under the provisions in this clause we will repay to you in full any pitch fees and other charges which you have paid us for any period after the removal of the Lodge.

d. Where you have terminated the Licence Agreement so that it comes to an end before the end of June we will repay to you on the scale set out below any pitch fees and other charges which you have paid us for a period after the Licence Agreement has ended, less any sums property due to us.

Where the Licence Agreement ends before the end of March Repay 80%
Where the Licence Agreement ends before the end of June Repay 40%
Where the Licence Agreement ends after the end of June No repayment

e. We retain the right to hold the Lodge and the power of sale over the Lodge for any sums due to us on termination which exceed £200 and we will be entitled to deduct from suns due to you any suns due to us or any finance company and the costs of sale and storage (This sub-clause shall not apply to Licence Agreements made in Scotland).

13. Park Rules

a. It may be necessary or desirable to change the Park Rules from time to time. We may change the Park Rules at any time by giving written notice to you.

b. Any changes made after the signing of this Agreement will not affect anything to which you are entitle under this Agreement.

14. Disputes

The Agreement provides for disputes to be resolved by the following means:

a. We may refer any dispute to an arbitrator as an alternative to going to Court.

b. Any dispute relating to the amount of the pitch fee has to be referred to an arbitrator because the Court does not have power to fix the pitch fee.

c. We may refer questions arising under clause 6f and clause 8 to an independent surveyor.


15. Electricity & Gas Meters

Electric and Gas meters will read quarterly and invoiced quarterly , payment will be due 30 days from date of invoice.


16. General

a. We agree that any letters or other communications between us shall be sent to the address appearing in Part 1 unless we have told you or you have told us of another address within the United Kingdom to be used instead.

b. This Agreement commences on the date the Agreement is signed on behalf of the Park Owner.

c. We shall be entitled to make changes to the Park and/or the way it is managed. Where such changes require this Agreement to be amended you agree not to withhold your approval to amendments except on reasonable grounds.