 Become a MemberBelow is the text of the 2008-2009 lease and membership agreement for Pacifico Cooperative. If you wish to print this, there is a printer-friendly version of the lease available here. Pacifico Student Housing CooperativeLEASE AND MEMBERSHIP AGREEMENT1. This Agreement is between ____________________________________________(“Member”) and NASCO COMMUNITY OWNERSHIP (also known as "Davis Campus Cooperatives", "DCC", "NCO", or "OWNER"), a California non-profit corporation with its principal office in the County of Yolo, State of California, for membership in the Pacifico Student Housing Cooperative ("PSHC", or "cooperative"). Individual houses, which act as sub-units of PSHC, may require additional pages to this agreement, but no other pages may cancel or replace the specific terms of this agreement. There are no oral agreements. I understand that the Pacifico Student Housing Cooperative is an association which is a part of the Davis Campus Cooperatives, a nonprofit cooperative membership corporation which provides affordable housing on a cooperative basis. The PSHC and the houses which are subsets of PSHC manage the day to day operations of the buildings located at 1751 Drew Circle in Davis, California, including but not limited to recruitment, membership issues, house finances, social relations, food service, member education on cooperative principles and practices, and other services as the group may identify. The purpose of the cooperative is to provide services for the members and to give members the opportunity to manage their house and organization. Each member shall have one vote in the operations of the cooperative. Only members are allowed to sign leases for the buildings owned by the Davis Campus Cooperatives on Drew Circle, and termination of membership shall be considered a cause for termination all residency rights in PSHC. Period of Residence. The effective date of this contract shall begin at noon on _____________________, and end at noon on _____________________, unless membership is terminated otherwise. The standard contract for residence at Pacifico Student Housing Cooperative runs from September 15th through September 14th of the following year. 2. NASCO Membership Fee.A $____________, one-time, non-refundable membership fee must be paid by each new coop member. This fee will go to the North American Students of Cooperation (NASCO), an association of housing cooperatives. Payment of this fee is mandatory and entitles you to membership in NASCO. See www.nasco.coop for more details3. RENT.The total rental price for the term of the Lease is $_________________due on the first day of each month without any obligation on the part of the Owner to make demand for payment. Payment is to be made at PACIFICO STUDENT COOPERATIVE HOUSING, OFFICE, at the following address:1752 Drew Circle Davis, CA 95616 . In the event that Tenant fails to pay the required monthly Rent Charge in full to management on or before the fifth (5th) day of each calendar month of the term, Tenant agrees to pay to Owner the additional sum of $25.00 as a reimbursement for the administrative expenses incurred by management in processing the late payment. Contracts beginning or ending in mid-month will be prorated. For the standard Pacifico Student Housing Cooperative contract term, this would mean that the first September lease payment would be $________________, the final September payment would be $__________________, and every other month’s payment would be $________________. 4. SECURITY DEPOSIT.MEMBER is required to deposit with OWNER the sum of $_______________as a security deposit. OWNER may deduct from the security deposit such amounts necessary to cover any defaults in the faithful performance by the RESIDENT of the terms, covenants, and conditions of the agreement. The cost of maintenance and repairs, when due to reasonable use and wear, shall be assumed by the OWNER. It is the duty of the MEMBER to return the premises to their condition at the commencement of the Lease, reasonable use and wear thereof excepted. Reasonable use and wear may be understood to mean the gradual deterioration resulting from use, lapse of time, and the operation of the elements, in spite of MEMBER’S care.5. Development Fee.A monthly fee of $___________ for the Davis Campus Cooperatives Trust Fund will be paid in addition to the lease amount each month, as provided for in the articles of incorporation and bylaws, unless suspended by the DCC board of directors.6. Fees Due Prior to Commencement of Lease.Prior to the commencement of the lease, MEMBER shall provide payment for first month's Rent, Development Fee, Parking Permit Fee (if applicable), and Security Deposit.7. Utilities.The following utilities provided to members within Pacifico:
8. Member Rights.In addition to residency in the assigned Pacifico unit, each member shall have the following rights:Right to attend all meetings other than time spent in executive session. Right to cast one vote at all general membership meetings Right to speak at all meetings not held in executive session. Right to use the facilities of PSHC. 9. Member Obligations.As a group, the members of the cooperative are responsible for the day to day operations of the cooperative as delegated to PSHC by the Davis Campus Cooperatives. These responsibilities shall be outlined in the by-laws of Davis Campus Cooperative and subject to approval by the Davis Campus Cooperatives.The members shall be responsible for fulfilling these obligations through an elected Council and officers, as well as any committees that might be established by the Council. The members shall be bound by decisions and policies approved by the elected Council, and by policies and decisions as approved by the membership as a whole in referendums or membership meetings. Each Member is individually obligated to perform faithfully and as efficiently as possible all work assigned by PSHC or the member's individual house including, but not limited to, weekly chores, house meetings, community hours, Work Holidays and Fall orientation. PSHC and/or the House may apply fines to members who fail to perform Required Labor 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. Each member has a right to expect a safe living environment. Therefore, members have an obligation to refrain from violence of any kind while at Pacifico, and Pacifico will not tolerate violence or the threat of violence from members in any way. Violation of any of these obligations constitutes a breach of this contract and is grounds for termination of membership. 10. Membership Qualifications.The Pacifico Student Housing Co-op is an association of students, faculty and staff of the University of California at Davis or another institution of higher education, who also live in buildings owned by the Davis Campus Cooperatives on Drew Circle in Davis, California. Students shall be enrolled for classes in an accredited educational institution, will be a graduate student throughout the term of this contract, or will be considered a student according to policy approved by the Davis Campus Cooperatives. Special exemption from the above qualification must be approved by the PSCH resident council. PSHC 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.11. Rules.It is expected that the Member shall acquaint him/herself with, and abide by, all rules and regulations of PSHC, including, but not limited to, the agreements and conditions of this contract, the Davis Campus Cooperatives By-Laws, the Board of Directors Policies, and the rules and regulations of PSHC and the individual Houses. In accordance with the By-Laws and the Board of Directors Policies, Davis Campus Cooperatives may consider the Member’s failure to comply with any aforementioned rules and regulations to be a breach of contract by the member. Davis Campus Cooperatives shall not be responsible to the Member for violation or non-performance by any other Member of any such rules. Failure, willful or otherwise, by Davis Campus Cooperatives to enforce any rule shall not be a waiver of its right to subsequently enforce such rules.12. Unlawful Activities.The Member agrees not to use the premises or any part thereof for the conduct of unlawful activities.13. Visitors and Guests.Guests shall not stay a total of more than two weeks throughout the lease term. The Member’s housemates must be informed of and consent to the presence of a guest(s) prior to their arrival.14. Mediation.All parties involved in this agreement concur that UCD Mediation Program (or other mutually agreed upon mediator) will assist in disputes involving UCD students for which one of the parties requests assistance and that:
15. Termination of Contract by Davis Campus Cooperatives.If the Member does not live up to the responsibilities of this contract, or makes it unreasonably difficult for other Members to live with the Member in question, the other Members or DCC, as represented by the resident council, may expel the Member according to the Bylaws and Policies. DCC or its agent may also terminate the Member’s contract under any of the following grounds:Failure of the Member to meet any of the membership qualifications or obligations placed upon him/her by this contract, the Board of Director’s Policies, or the By-Laws. Failure of the Member to meet any of the membership qualifications or lease obligations (including monies owed to the Davis Campus Cooperatives) placed upon him/her during this or any previous contract period, by the Davis Campus Cooperatives By-Laws or Policies, by the policies of Pacifico Student Housing Cooperative, or by any house policies. Such failure will be considered breach of contract on the part of the Member. If, in the opinion of California state law, the Member constitutes an immediate danger to the safety of other Members, than the Member shall be considered to be in breach of this contract. 16. Liability and Indemnity.Member will not hold DCC, PSHC, 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 Davis Campus Cooperatives, their agents, or their employees.17. Street Database Disclosure.Notice: The California Department of Justice, sheriff’s 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)18. Miscellaneous.This Lease incorporates, and is subject to, Sections 1 through 19 attached hereto, which are hereby referred to and incorporated as if set out here at length.This Lease constitutes the sole agreement between the parties, and no additions, deletions, or modifications may be accomplished without the written consent of both parties, except as provided above, and in Section 11, “Other Rules and Regulations”. Any oral representations made at the time of executing this Lease are not legally valid and therefore are not binding on either party. _______ (Initial) 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 Davis Campus Cooperatives. 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) I certify that I will be a student, staff or faculty of the University of California at Davis or of __________________ (other institution of higher education) during the terms of this contract, or that my membership in PSHC has been approved according to PSHC policy. ________(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#___________________ Student 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)______ ___ Membership fee paid ADDITIONAL TERMS OF LEASE1. BREACH PRIOR TO LEASE COMMENCEMENT.Once this Lease has been executed, if at any time prior to the commencement date set forth in this Lease, any MEMBER gives written notice that s/he intends not to perform the terms of this Lease, OWNER may then elect to:Terminate this Lease and hold the MEMBER liable for actual damages incurred by the breach. OWNER must attempt to mitigate damages by making reasonable efforts to re-let the premises and reduce damages. In any event said damages shall not exceed an amount greater than the sum of two (2) months’ rent. Not terminate this Lease and hold MEMBERS liable for all the terms of this Lease. Not terminate this Lease and hold MEMBER not giving said notice liable for the rent stated herein, reduced proportionately by an amount equal to the defaulting MEMBER’S share of the rent remaining to be paid. 2. BEGINNING INVENTORY (furnished rooms):At the time MEMBER takes possession of the premises, OWNER shall provide MEMBER with an inventory statement. MEMBER shall indicate on the statement the condition of the premises and their furnishings and decorations. Both OWNER and MEMBER shall sign and receive an executed copy of the inventory statement within three (3) days of the date of taking possession of the premises. When MEMBER returns possession of the premises to OWNER, they shall return the premises and the furnishings and decorations in the same condition as when received, reasonable use and wear thereof excepted. Both OWNER and MEMBER are reminded of the importance of the prompt signing of this inventory statement, in order to minimize disputes over the return of the security deposit.3. END OF TERM INSPECTION.When possession of the premises is returned to OWNER, OWNER and MEMBER shall conduct a joint inspection of the premises and the furnishings and decorations.MEMBER must within on (1) week prior to vacating the premises, arrange a mutually convenient time during OWNER’S normal business hours for the inspection; failure to do so or to attend at the arranged time will relieve OWNER of any obligation to make an inspection in MEMBER’S presence. OWNER may use the Pacifico Move-In/Move-Out and Inspection Form or reasonable facsimile for the purpose of this inspection. On the form, both OWNER and MEMBER must describe what they believe to be the damage and harm caused by MEMBER’S improper maintenance. Both OWNER and MEMBER shall sign and receive an executed copy of the inventory statement. Within three (3) weeks after MEMBER vacates, OWNER will deliver to MEMBER a check in the amount of the security deposit minus any deductions for damages in excess of reasonable use and wear, and further minus any other deductions for failure on the part of the MEMBER to perform under the Lease, as provided for under California Civil Code 1950.5. In the event any deduction is made, OWNER shall furnish MEMBER with an itemized statement accounting for the use of the unrefunded portion of the security deposit, including a detailed itemization of labor and materials. 4. REPAIRS AND MAINTENANCE.OWNER shall place the premises in good repair and condition fit for human habitation as defined under California Civil Code 1941, before MEMBER begins to occupy the premises, and shall keep the premises and the building in good repair during the term of this Lease. OWNER shall do same in regard to the common areas of the building. If OWNER fails to maintain the premises in a habitable condition, MEMBERS may exercise their rights to repair and deduct pursuant to California Civil Code 1942. MEMBERS agree to exercise reasonable care in the use of the premises and to keep areas under their control free from dirt, trash, and filth. MEMBERS also agree not to litter or damage the common areas of the building. The cost of repairs caused by MEMBERS, their guest, or persons under their control shall be paid for by MEMBERS; otherwise, the cost of repairs shall be paid by OWNER. All repairs shall be made within a reasonable time.5. HABITABILITY.If through any natural or extraordinary force or because of the negligence of a third person, the premises are rendered uninhabitable, this Lease may be terminated at the election of either party. If the Lease is so terminated then all prepaid rents and refundable security deposits shall be refunded to MEMBER.The above shall be inoperable if OWNER either restores the premises to a habitable condition or provides in substitution thereof comparable housing to MEMBER within fifteen (15) days after the date the premises were rendered uninhabitable. If substitute housing is not provided and OWNER elects to restore the premises, the MEMBER shall be entitled to a pro-rated reduction of rent for the period during which the premises were uninhabitable. 6. SERVICE OF NOTICE.In the event of membership termination, the notice of said termination shall be accomplished by:Personally serving a copy on the Resident; or By leaving a copy with a person of reasonable age and discretion who is present in the Resident’s residence and mailing a copy of the notice to the Resident's place of residence; or If no one is at the Resident's residence, by posting a copy of the notice in a conspicuous place at the property and mailing a copy to the Residence's at the address of the residence. 7. ENTRY.Pursuant to California Civil Code 1954, OWNER may enter the dwelling unit only in the following cases:
Except in cases of emergency or when MEMBER has abandoned or surrendered the premises, or unless MEMBER consents at the time of entry, entry may not be made other than between the hours of eight in the morning and eight in the evening, and only after giving 24 hours written notice of the intent to enter to MEMBER. Any MEMBER receiving said notice or giving consent shall inform other MEMBERS, if any, of proposed entry. OWNER shall not abuse the right of access or use it to harass MEMBER. 8. SUBLEASE OR ASSIGNMENT.MEMBER shall not sublease or assign this Lease or any interest therein. Notwithstanding any other provision contained in this paragraph, OWNER agrees to give consent to a sublease or assignment, if the prospective MEMBER is determined by the OWNER to be a person generally desirable as a MEMBER. OWNER may not unreasonable withhold consent to such a sublease or assignment. The remaining MEMBERS will exercise good faith and reasonableness in accepting a new MEMBER.9. REMEDIES AND DAMAGES ON BREACH OF LEASEIn the event MEMBER defaults in the performance of any term, covenant, or condition of this Lease, OWNER may, in addition to any other rights or remedies OWNER may have, elect to declare the Lease forfeited and proceed to recover possession of the premises in summary proceedings for unlawful detainer or in an ejectment or other possessory action. If OWNER pursues an unlawful detainer action, OWNER must serve MEMBER with a three-day notice pursuant to California Code of Civil Procedure 1161. OWNER may not remove anyone forcibly from a dwelling; only a peace officer, acting upon court instruction may do so.If MEMBER breaches the Lease by abandoning the premises before the end of the term, or if MEMBER’S right to possession is terminated by OWNER because of MEMBER’S breach of the Lease. OWNER may declare the Lease terminated and may recover from MEMBER such amounts as provided for under California Civil Code 1951.2. If MEMBER desires to break this Agreement, she/he may do so only with the Owner’s written permission and once a suitable resident has signed a new Agreement and commenced tenancy. An administrative fee of $250 for work to find a suitable new resident will be charged by the Owner and must be paid by the Resident before said permission is granted. In the case of breaking this Lease, the Resident is responsible for rent until a suitable successor is located who signs a new Lease and starts tenancy. All advertising costs associated with securing a suitable resident shall be charged to the Resident breaking this Lease. 10. LEASE RENEWALOWNER is not required to renew this Lease at the end of the term. After furnishing MEMBER with the terms of the new Lease, OWNER may request MEMBER to sign an Option to Lease at any time. OWNER may not, however, require MEMBER to sign a renewal Lease prior to one hundred (100) days before commencement of the Lease. If MEMBER has reason to believe that the renewal rate is unjustified, then upon MEMBER'S request, OWNER or OWNER’S AGENT agrees to confer with MEMBER regarding the renewal rate. Such conference must be requested within ten (10) working days of renewal rate notification, and OWNER agrees to comply within five (5) working days of receiving the request. In the event that a Lease is not signed as a result of this conference, MEMBER may initiate mediation according to the Rent Mediation provision of this Lease (Paragraph 12). Mediation must be requested by MEMBER within five (5) working days of the conference with OWNER. All parties agree to expedite mediation and OWNER agrees not to offer the premises to any other prospective resident for at least ten (10) days following such request for mediation.11. OTHER RULES AND REGULATIONSExisting rules and regulations of OWNER with respect to the premises shall be signed by all MEMBERS, attached herein, and incorporated by reference as if fully set forth. Other rules and regulations may be adopted by OWNER after the signing of this Lease but shall have a legitimate purpose, not be arbitrary nor unequally enforced, nor work a substantial modification of MEMBER’S rights. Such new rules and regulations will not take effect until at least two (2) weeks after notice to all MEMBERS. In any event, such other rules or regulations shall not conflict with the terms and conditions of this Lease or with the bylaws of Davis Campus Cooperatives.12. HOLDING OVER.MEMBER is not to remain in the premises beyond the date agreed upon as the expiration of this Lease except with the written consent of OWNER; MEMBERS who vacate the premises on the termination date set forth in this Lease shall not be responsible for MEMBERS who do not so vacate.13. MANAGEMENT.MEMBER shall receive written notice within fifteen (15) days of any change in managers, agents for receipt of rent, and/or OWNERS (or agents authorized to act for OWNER). Such notice will include names, addresses, and phone numbers of such persons.14. NOISE AND NUISANCE.MEMBER agrees not to make any excessive noise or nuisance such as will disturb the peace and quiet enjoyment of PSHC facilities by other members. OWNER agrees to maintain peace and quiet in those areas of the building which are subject to OWNER control.15. OWNER’S CONVEYANCE.If during the term of this Lease OWNER shall sell his/her interest as OWNER in the building or premises, then from and after the effective date of the sale, the former OWNER shall be released and discharged from any and all obligations and responsibilities under this Lease, provided that the new OWNER agrees to fulfill the terms, covenants, and conditions of this Lease.16. LEGAL FEES.In the event of any legal action concerning this Lease, the losing party shall pay to the prevailing party reasonable attorney’s fees and court costs to be fixed by the court wherein such judgment shall be entered.17. WAIVER.Any waiver, by either party hereto of any breach of any provision of this Lease, shall not be deemed to be a continuing waiver or a waiver of subsequent breach of the same or a different provision of this Lease.18. CONDEMNATION.If any part of the premises shall be taken or condemned for a public or quasi-public use, this Lease shall thereupon terminate. All compensation awarded upon such condemnation or taking shall go to OWNER and MEMBER shall have no claim thereto. MEMBER hereby irrevocably assigns and transfers to OWNER any right to compensation or damages to which MEMBER may become entitled during the term hereof by reason of the condemnation of all, or a part of the demised premises. MEMBER shall, however, have the right to a refund from OWNER of any unused portion of the security deposit as well as a full refund of any advanced rents.19. COVENANTS AND CONDITIONS.Each term and each provision of this Lease by either party shall be construed to be both a covenant and a condition.20. ROOMSWhile each member will be given the opportunity to give input on their desired room, no guaranty will be made by Pacifico that a member will get any specific room. The member will be assigned to a room based on their preferences, the type of room signed for in this contract, and based on the availability of rooms at Pacifico. In some situations Pacifico may find it necessary to have a member move to another room at the same price. Examples of situations that call for a member to move may include, but are not limited to, consolidating two half-filled double rooms, moving a member to another room to solve inter-personal conflicts, and moving a member to a different area of the cooperative in order to perform renovations on a building or floor. |
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "Attending IADT at this time and am sesrching for a place to rent space. Thanks, Regina" |