ࡱ> ikh'` Wbjbj{P{P 2l::OLLLLh4<6m<o<o<o<o<o<o<$$>h@<<<jm<m<}:D1< NLN;&Y<<0<;JBA`"BAL1<BA1<(<<<DLL Santa Barbara Student Housing Cooperative TERMS AND CONDITIONS OF RESIDENCE READ BEFORE SIGNING The Mission Statement: To provide low rent cooperative housing for students, staff, and faculty of the University of California at Santa Barbara, regardless of gender, race, social, political, or religious affiliation, and thereby influence the community to eliminate prejudice and discrimination in the community. To engage in continuous education programs that further the principles of cooperation through mutual, self-help living at minimal cost. This Agreement is between ______________(Member) and the Santa Barbara Student Housing Cooperative (SBSHC), a California non-profit public benefit corporation with principal offices at 6503 Madrid, Ste. J, Isla Vista, CA 93117. Individual houses may require additional pages to this contract, but no other pages may cancel or replace the specific terms of this contract, which consists of paragraphs 1-19. There are no oral agreements. 1. Description of Premises. The Co-op will provide a living space in the following House: Single at Newman House Shared Manley House Studio Dashain House Biko House Notwithstanding the room assignment stated in Clause 1, Member has no right to any specific room, or type of room, or any specific House, except as consistent with SBSHC Policy A-3. Room assignments are governed by SBSHC Policy A-3, which is incorporated into this contract by reference. However, once Member occupies a room, SBSHC may not require Member to switch rooms. 2. Period of Residence. The effective date of this contract shall begin at noon on ____________________, and end at noon on ____________________, unless membership is terminated otherwise. 3.Membership Fee. A $40.00, one-time, non-refundable membership fee must be paid by each new member. This fee will go to the North American Students of Cooperation (NASCO), the bi-national association of campus cooperatives. Payment of this fee is mandatory and entitles you to membership in NASCO. 4.Payment of Deposits. Member must pay a $_____ security deposit due on the date this contract is signed. This deposit will be used as security for this contract as defined by California Civil Code Section 1950.6. The contract is not valid if the payment of this deposit is not provided in full. This deposit will be returned within 21 days after the expiration of this contract. Any damages or fines caused by Member or Members guests during the contract period will be subtracted from this amount. Any outstanding room, house and/or board charges that Member failed to pay will also be subtracted from this amount. SBSHC will furnish Member with an itemized written statement with the reasons for, and the dollar amount of, any charges subtracted from the security deposit. Member may not, without the Co-ops written consent, apply the security deposit to the last months rent or to any other sum due under this agreement. Any amount owed after the expiration of the contract and before the refunding of the security deposit will deem Member in bad-standing with SBSHC and will negatively affect any rental references requested. The Co-ops right of recovery shall not be limited by the security deposit. It is Members responsibility to inform the Co-op of their forwarding address so that a check may be mailed to them. 5.Rent and Residence Charges. A)Rent: The term rent refers to the sum of the Room Charge, House Charge, and Board Charge. B)Room Charge: Member will pay the Co-op $____ for each month of residence under this contract. No cash payments are accepted. This amount is payable in advance, but is due on the first day of each month. Checks are payable to Santa Barbara Student Housing Co-op or SBSHC. The Co-op reserves the right to raise this charge no more than 5% in a contract period. Member will receive notice at least 30 days prior to the proposed date of the change. Member may accept the changed terms and conditions by signing the new Lease and returning it to SBSHC or may reject the changed terms and conditions by giving SBSHC a written thirty-day notice terminating the Lease. C)House Charge: Member agrees to pay House charges to the Co-op along with the room charge. House charges are set by each house in accordance with the Board of Directors policies. House charges include, but are not limited to, the cost of shared utilities. All residents are obligated to pay their share of the House Charges. The House budget is assessed at the end of the contract period and any difference is paid out or charged equally to all members of the house. Any amount that exceeds the budget formulated by the house is the responsibility of any and all members who held contract during the said contract period. D)Board Charge: Member agrees to pay Board charges to the Co-op along with the room and house charges. Boarding charges are mandatory for all houses. Rates are decided by the house in accordance with Board Policies. The Boarding charges are also assessed at the end of the contract period and any difference is paid out or charged equally to all members of the house. Any amount that exceeds the budget formulated by the house is the responsibility of any and all members who held contract during the said contract period. (Note: Section (B) and (C). These rates may be altered at any point during a contract period if modified by an official house vote, all members have the right to participate in the governance of the House and are bound by the House decisions) E)Late Charges, Returned Checks and Other Fees: There is an administrative fee of $15.00 for any returned check. Rent is due on the first of each month regardless of notice, any payment received after the 5th of the month will be assessed with a $25 late fee. Member and SBSHC agree that these charges are deemed to be the liquidated damages sustained by SBSHC because of Members late payment of rent. Non-payment and consistent late payment are grounds for termination of membership. 6.Member Rights. In addition to residency in the assigned SBSHC unit, each member shall have the following rights: A)Right to attend all meetings not held in executive session. B)Right to cast one vote at all general membership meetings C)Right to speak at all meetings not held in executive session. D)Right to use the facilities of SBSHC. 7.Member Obligations. Each member is obligated to perform faithfully and as efficiently as possible all work assigned by the house including, but not limited to, weekly chores, house meetings, quarterly Work Holidays and Fall orientation. Members are also obligated to perform quarterly Service Hours as outlined by the Board of Directors Policies. SBSHC and/or the House may apply fines to members who fail to perform House Labor or quarterly Service Hours, or who fail to attend required meetings. Violation of any of these obligations constitutes a breach of this contract and is grounds for termination of membership. 8.Membership Qualifications. The Santa Barbara Student Housing Co-op is a non-profit, public benefit, membership corporation providing housing for students, faculty and staff of the University of California at Santa Barbara. Special exemption from the above qualification must be approved by the Board of Directors. The Co-op reserves the right to deny membership or renewal of membership to any person as long as it is not a result of race, gender, ethnic origin, marital status, Veteran status, sexual orientation or identity, political or religious affiliation, or physical disability. 9.Rules. All rules and regulations of SBSHC, including, but not limited to the agreements and conditions of this contract, the SBSHC By-Laws, the Board of Directors Policies, and the rules and regulations of the individual Houses are hereby incorporated into this contract. Member acknowledges he/she has received copies of all said rules, regulations, by-laws, and policies, and Member has had an opportunity to review and ask questions about them. Any failure by Member to abide by the By-Laws and the Board of Directors Policies, SBSHC rules and regulations, including those of the individual Houses, will constitute a material breach by Member, and shall be grounds for termination of the Agreement by SBSHC. SBSHC shall not be responsible to Member for violation or non-performance by any other member of any such rules. Failure, willful or otherwise, by SBSHC to enforce any rule shall not be a waiver of its right to subsequently enforce such rules. a)Subletting/Non-transferability. This contract is NON-TRANSFERABLE and may not be sold, transferred or assigned. Violation of the covenant shall be considered breach of this contract by Member. b)Vacancies. If a vacancy occurs in a room, the remaining member(s) agree(s) to accept a new occupant to fill the existing vacancy. c)Dangerous Materials. The possession of firearms, volatile solutions, explosives, fireworks, or other dangerous materials is strictly prohibited in or on the premises. d)Unlawful Activities. Member agrees not to use the premises or any part thereof for the conduct of unlawful activities. e)Visitors and Guests. Guests shall not stay a total of more than two weeks throughout the lease term. Members apartment/housemates must be informed of and consent to the presence of a guest(s) prior to their arrival. f)Pets. Dogs are not allowed unless they are assisting a physically disabled member, or unless approved by the Board and by unanimous vote of all residents of the house. Caged animals and cats are allowed as long as their presence is approved by SBSHC and the members apartment/housemates. A member with a cat must sign a cat agreement and pay an additional security deposit of $60 to be held for damages or carpet cleaning needed because of the animals presence, they must also pay a non-refundable $40 charge for defleaing. g)Non-smoking. SBSHC does not permit smoking on the inside of any Co-op properties, including in ones private room. h)Mediation. All parties involved in this agreement concur that UCSB Mediation Program (or other mutually agreed upon mediator) will assist in disputes involving UCSB students for which one of the parties requests assistance and : 1) all parties will make a reasonable good faith effort to settle such disputes through mediation; 2) any party to this contract may request mediation; 3) the mediator may enter and inspect premises after notice to both parties and at reasonable times; and 4) this provision does not preclude other legal rights of the parties. 10.Inspections and Entry. The Co-op reserves the right to enter Members room and/or apartment at all reasonable times for the purpose of maintenance, repair, or to investigate a possible breach of contract, with the understanding that, except in the case of an emergency, SBSHC will give at least 24 hours notice prior to entry. 11.Breach of Contract Liability for Rent. Member is responsible for the full term of this contract. If Member terminates the contract early, or if the contract is terminated by SBSHC as a result of Members material breach, Member shall be required to pay a $75 dollar early termination fee, which goes to cover the cost of replacing Member. Member shall also be liable for rent until SBSHC is able to replace Member, consistent with SBSHC Policy A-9. Under this contract members have no right to occupy a specific House, room, or type of room, except as provide by SBSHC Policy A-3. It is the policy of SBSHC that current residents also have a right to move into a room once it becomes vacant, consistent with SBSHCs seniority system. Therefore, when Members contract is terminated early, he/she is responsible for rent until a new resident can be found for the Co-Op, not for the specific House, room or space occupied by Member at the time of termination. Members duty to pay rent after termination shall not be relieved by a current resident moving into the space vacated by Member. 12.Default/Failure to Pay Residence Charges. In the event that Member fails to pay residence charges (as defined in Article 5, above) when due, or other amounts owing, or fails to render any performance required of Member on demand under this contract, SBSHC may serve a Notice to Pay, Perform Covenant or Quit, as appropriate, as provided by California law. Member shall thereupon pay the amounts owing, perform the covenants required or peaceably surrender the premises. Should Member choose to quit the premises, the provisions of article 11 shall apply. Should Member fail to comply or surrender the premises within the time allowed, SBSHC shall have all its statutory remedies as provided by Chapter 4 of Title 3 of Part 3 of the California Code of Civil Procedures including the right to recover damages in an appropriate case. Liability for any residence charges under this contract shall be individual only. 13.Termination of Contract by SBSHC. If Member does not live up to the responsibilities of this contract, or makes it unreasonably difficult for other Members to live with Member, or otherwise commits a material breach of this contract, the other Members may expel Member from the Co-op according to the Bylaws and Policies. The Co-op may also terminate Members contract under any of the following grounds: A) Failure of Member to meet any of the membership qualifications or obligations placed upon him/her by this contract, the Board of Directors Policies, the By-Laws. Such failure shall be considered a material breach of this contract by Member. B) Failure of Member to meet any of the membership qualifications or obligations, including monies owed, placed upon him/her during any previous contract period by that contract, the By-Laws, the Board of Directors Policies or any house policies. Such failure shall be considered a material breach of contract by Member. If Member constitutes an immediate danger to the safety of other Members. Member shall be considered to be in material breach of this contract. 14.Condition of Premises. SBSHC agrees to place the premises in good repair before Member begins occupancy, and to keep such premises in good repair during the term. A Move-In Inspection must be completed within 3 days of occupancy, signed by Member and another Inspector as authorized by SBSHC. If this form is not completed and returned to the office within the allotted time period, then the premises will be presumed to be in good condition. Upon the expiration or termination of this contract, Member must complete a Move-Out Inspection Form and Clearance Form. Member agrees to vacate the premises in a condition equivalent to or better than that indicated on the Move-In Inspection Form. 15.Alterations. With the exception of minor alterations, such as painting and hanging shelves, Member may not make alterations to private rooms or common spaces without written consent from the members of the house or apartment and a Co-op Staff member. Upon violation, the premises shall be restored to its original condition at Members expense. 16.Maintenance. The Co-op shall maintain the building and grounds in a decent, safe, and sanitary condition, and shall comply with all applicable laws. In signing this membership agreement, Member accepts responsibility for participating in the Co-op Maintenance Program, which includes but is not limited to: completing minor maintenance and repairs on ones own house with prior Co-op consent, electing and communicating with a House Maintenance Manager, and communicating with and assisting Co-op Maintenance staff. Member will notify SBSHC of any defect and pay for all repairs, replacements, and damages caused by negligence, waste, or misuse by Member or Members guests. 17.Smoke Detectors and Fire Extinguishers. The Houses are equipped with one or more smoke detection devices and fire extinguishers. Member acknowledges that the operation of the smoke detectors and fire extinguishers has been explained. Member agrees to perform manufacturers recommended test weekly to insure that the smoke detectors are working properly. Member agrees to replace batteries as needed and to inform the Co-op immediately of any defect, malfunction or failure of any smoke detector. 18.Liability and Indemnity. Member will NOT hold SBSHC, the House, their agents or employees responsible for any claims for injury, loss, damage to a person or property occurring within the building or on the property, unless caused by or resulting from the acts, omissions, or negligence of SBSHC, their agents or employees. Member assumes all risks of loss or damage to Members property within the building, which may be caused by water leakage, fire, windstorm, explosions, earthquakes, or by the act of omission of any other member. SBSHCs insurance does not cover Members personal property or other Members negligence. 19. Legal Proceedings and Collection Fees. If SBSHC is required to serve any notices requiring compliance with any of the terms of this agreement, SBSHC may charge Members account for its expenses. If SBSHC is required to use the services of an outside agency in collecting monies owed by Member, the cost of collection shall be charged to Member. 20.Street Database Disclosure. Notice: The California Department of Justice, sheriffs departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals they are checking. Information regarding neighborhoods is not available through the 900 telephone service. (Civil Code Sec. 2079.10a) I hereby swear and affirm that I am eligible for membership and that if the conditions of my eligibility change, I will notify and be approved by the Board of Directors or this contract may be voided by SBSHC. This contract is specifically conditioned upon the truth of this statement. I understand that if any part of this statement or the information below is false, I will be considered in breach of this contract. I also understand that I, together with all other members, am as a group, primarily responsible for the effective management of house services. Initial _______ ________(Initial) I certify that I will be a student, staff or faculty of UCSB during the term of this contract. Perm#_________________ OR (Initial) I certify that I will not be affiliated with UCSB during the term of this contract but have been granted membership from the SBSHC Board of Directors. ________(Initial) I certify that I am 18 years of age or older. If not, this contract is not valid unless signed by a parent or guardian who assumes responsibility for the fulfillment of its terms. ________(Initial) I have read and accept all of the terms and conditions of this contract before signing. Signed ____________________________________ Date_______________________ Email Address__________________________________ Personal Phone_____________ Social Security #___________________Drivers License or State ID#_______________ Emergency Contact Name________________________Relationship__________________ Emergency Phone#________________ Emergency Address_______________________________________________________ Co-Signature (if needed)_______________________________Date_______________ For Office Use Only: As an authorized agent for the Co-op, I accept and confirm this agreement and have received the Member Deposit at the time of signing. _________________________________________Date________________ ____Seniority Points (no broken contracts)_____ ____I.V. 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