Private Cabin Owners
This agreement is made between Durley Camp & Retreat Center (DCRC) and Private Cabin Owner (PCO) _________________________________________ :
1. DESCRIPTION – DCRC does hereby lease unto said PCO those certain premises situated in Bond County, State of Illinois, owned by the Gateway Conference, Free Methodist Church of North America, known as Durley Camp and Retreat Center, Cabin # ______ for the purpose of temporary housing.
2. RULES – The PCO agrees to be governed by the rules and regulations of the Discipline of the Free Methodist Church of North America, in matters of personal conduct while at Durley Camp and Retreat Center, and further agrees to abide by all the rules and regulations for use of the grounds. See the attached document describing the rules and regulations. The PCO will also sign a Release of Liability annually.
3. TAXES – At the present time DCRC is a charitable organization and it is anticipated that taxes shall not be levied by any governmental body or agency, but in the event taxes are levied, PCO agrees to pay an equitable proportionate share as determined by DCRC.
4. UTILITY CONSTRUCTION – DCRC reserves the right to enter upon the premises at any reasonable time for constructing, altering, or maintaining utility and service lines, exposed or unexposed, together with usual accessories, but upon exercise of any right of entry upon the premises. DCRC agrees to restore the premises to as good of a condition as it was found. The PCO will provide DCRC with a key to their cabin.
5. GENERAL SALE OR TRANSFER– If the PCO decides they would like to dispose of their cabin, we ask that the PCO would consider donating their cabin to Durley Camp & Retreat Center for a Gift in Kind receipt. DCRC could also consider buying the cabin from the PCO. If the PCO is not willing to either donate or sell their cabin to Durley Camp & Retreat Center, the PCO cannot sell the cabin to an outside party and can only sell or transfer their investment to a family member with approval of the Durley Camp board. In the event the PCO becomes insolvent or voluntarily or involuntarily bankrupt, or if a receiver is appointed for the business of said PCO by any court, then this agreement may be canceled by DCRC at DCRC’s option without notice.
6. CONSTRUCTION – PCO agrees not to erect any structure or major remodeling to the cabin without the written permission of DCRC, who agrees to act upon such requests in a reasonable time. DCRC retains all ownership rights to trees upon the premises and any changing of contour. Permission must be given by written consent from the board.
7. CABIN CONDITION – PCO agrees to keep the building structure on the premises in a wholesome, healthful, sanitary, and neat condition at their own expense. Such as:
A. Cabins should be painted or sealed regularly and the roof, doors, and windows maintained and in good repair. Building materials or personal property are not to be left outside the cabin.
B. All access openings to the underground electric, plumbing, etc. shall be kept even with the ground level for the sake of mowing.
C. Written plans for remodeling, moving, or tearing down the cabin must be presented to the board for approval prior to commencing work. When a cabin is moved or torn down, all materials must be removed from the grounds.
8. CABIN INSURANCE –
A. The PCO shall indemnify and hold harmless DCRC from all damage of every kind and nature whatsoever, and all expenses arising from any accident upon said premises. DCRC shall not be liable for the PCO or any person for claims arising from any defects in said premises whether known or unknown, or hereafter occurring in or in front of or around said premises, or for damage by storms, rain, or leakage, or by reason of any act or negligence or any other tenant of the premises, or any agent of said PCO. PCO assumes all risks of damage to premises by fire and earthquake.
B. The PCO is required to maintain and provide to Durley Camp & Retreat Center a certificate of liability insurance for their cabin. This is also a new requirement of our denomination, the Free Methodist Church of North America. A minimum of $300,000 of liability insurance for your cabin is required. This is to protect both you and the camp in the event of possible future insurance claims. Durley Camp & Retreat Center must be named as an additional insured, and the amount of your liability coverage must be stated on the document. The PCO must provide DCRC with a copy of the Certificate of Insurance.
9. USAGE RESTRICTIONS –
A. Because the facilities of DCRC are rented year-round, permission to use your cabin any time other than Durley Family Camp must be approved by the camp manager and/or the Durley Camp board. Permission is obtained by calling the Durley office at 618-664-2873 at least 48 hours in advance so we can let you know if that is possible.
B. If the entire grounds of the Retreat Center are being rented or the grounds are being used for Youth Camps, private cabins cannot be used during those times. There are no exceptions. In the event you choose not to use your cabin during Family Camp, we ask that you make your cabin available for DCRC to utilize it for staff/guest needs. The camp manager is to be notified one month prior to camp as to whether or not the PCO will use their cabin for Family Camp.
C. There are occasions where DCRC needs additional rental space. We ask that you would consider allowing DCRC to use your private cabin. Your cabin would not be used without your permission. The camp manager would contact you to receive permission. If there are damages to your cabin, the damage deposit that is collected from the guest prior to arrival will be held and applied to damages. If the damage exceeds the deposit, DCRC will bill the group for the cost of damages.
D. No cabin shall be used as a long-term residence.
10. RENT – The PCO agrees to not rent their cabin to anyone else.
11. DEATH – In case of the death of the PCO, a qualified survivor may assume the lease only with the approval of the board of the Durley Camp & Retreat Center. In the event no survivor comes forth and none can be located within 180 days, the cabin and premise will revert to DCRC.
12. OPTION FOR TERMINATION OF AGREEMENT
A. If the cabin is deemed neglected or hazardous and the PCO does not respond to requests by the Durley Camp board to bring the cabin up to safety standards, DCRC can either make repairs and send the bill to the PCO or, if the cabin is not considered worth the amount the repairs would cost, DCRC can have the cabin torn down.
B. A PCO may give a cabin to DCRC or DCRC may purchase the cabin from the PCO with compensation determined by and conveyed in a form suitable to the board of Durley Camp & Retreat Center.
C. The Durley Camp board will have power to negotiate and act in accordance with what best serves the purpose of Durley Camp & Retreat Center in the event of a controversial stand-off. The cabin may revert back to DCRC upon written notice.
13. POLICY BREACH – Upon breach of any one or more of the covenants herein contained, or any part of the rules or regulations referred to or made a part hereof by reference, and upon declaration thereof by DCRC through its board and the exercise of reasonable discretion, and upon written notice thereof being personally served upon the PCO or mailed to the last known post office address, the lease of the above described premises shall automatically cease and terminate. DCRC may thereupon enter and repossess said premises.
Revised May 2020
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals in duplicate on this ________ day of ____________________ 20_______.
Executed in the presence of___________________________________
(Seal)
Durley Camp & Retreat Center__________________________________ Date _____________
Private Cabin Owner___________________________________________
Date ____________
Printed Name and Address___________________________________________________ ________________________________________________________
Durley Camp and Retreat Center
1391 Woburn Road
Greenville, IL 62246