Terms of Agreement for Housing Services

Transcription

1 Terms of Agreement for Housing Services The following document contains the terms of agreement for our main campus Residence Halls and our Coborn Plaza Apartments. Because of the unique nature of each living arrangement, we have developed a separate agreement for the Coborn Plaza Apartments as there are items that apply to students who live in this facility that do not apply to students who live on main campus. If you are a student who wishes to live in a main campus residence hall at St. Cloud State University, please read and be informed of the Terms of Agreement on pages 2 and 3 of this document. If you are a student who wishes to live in the Coborn Plaza Apartments at St. Cloud State University, please read and be informed of the Terms of Agreement on pages 4 through 6 of this document. If you are under the age of 18 and need to send in your Terms of Agreement with your parent/guardian s signature, please send your signed document to this address: Department of Residential Life St. Cloud State University th Ave S, Ervin House St. Cloud, MN If you have any questions in relation to this document, please contact the Department of Residential Life at

2 Housing Agreement Main Campus Residence Hall I hereby acknowledge that I have read, understand, and accept the terms and obligations provided for above, below, and on the back of this agreement, including the documents incorporated by reference as part of the agreement for Housing and Dining service at SCSU ADVANCE PAYMENT AND AUTOMATIC CANCELLATION OF ASSIGNMENT: A $ advance payment ($200 prepayment and $50.00 non- refundable application fee) must accompany this application/agreement. No room assignment will be made without receipt of both the application/agreement and advance payment. No exceptions are granted. If you cancel after May 1, but prior to the beginning of Fall Semester, a $ administrative fee is charged. Please refer to item #15 and 16 on reverse side. THIS AGREEMENT BECOMES BINDING AND MAY NOT BE CANCELED WITHOUT LIABILITY AFTER May 1, for Fall Semester and November 15, for Spring Semester. THIS AGREEMENT IS FOR THE ENTIRE ACADEMIC YEAR AND INCLUDES ROOM AND MEALS. Signature of Student/Star ID Signature of Parent/Guardian (required if student is under 18) Date Signature of University Designee 1.The LESSOR and LESSEE, in consideration of the rents, covenants, and considerations which follow do hereby agree with each other as follows: 2. ELIGIBILITY: Any person who is an enrolled student at St. Cloud State University may enter into this Agreement. LESSEE agrees to vacate the assigned room within forty-eight (48) hours of loss of status as an enrolled student occurring during the term of this Agreement or if the LESSEE fails to register for academic credit course work. Exceptions to this policy must be approved by the Director of Residential Life or his/her designee. 3. This agreement becomes effective at 1:00 p.m. on the date the University publicizes students may move in and terminates at 9:00 a.m. the day after the last examination of Spring Semester. The halls will be closed and no meals served during semester breaks, holiday or Fall and Spring breaks as published by the University. Students desiring housing during break periods must adhere to published procedures. Any exceptions must have prior approval of the Director of Residential Life. Except for Summer Session Agreements, this agreement is in effect for one academic year (Fall Semester through Spring Semester) or that portion of the academic year remaining at the time of initial occupancy. This Agreement cannot be terminated except under the conditions listed in the Termination or Release provisions of this Agreement. 4. PREMISES, ROOMASSIGNMENTS, SERVICES: A. LESSOR agrees to lease and assign housing and, if applicable, board (food service) in its residence centers under the terms stated in this Agreement and described in the Student Code of Conduct and Residential Life Policies which are, by reference, made a part of this Agreement. Lessor reserves the discretionary right to deny/refuse housing for any legal reason. B. Room assignments will be made on the basis of the date that the Application/Agreement is received and, at the sole discretion of the LESSOR, in accordance with preferences that the LESSEE requests. No specific assignment based upon LESSEE s request is guaranteed. Failure to honor such requests will not void this Agreement. C. LESSOR reserves the right to consolidate vacancies by requiring any LESSEE to move from single occupancy of double rooms to double/multiple accommodations. LESSEE may request permission to use a double occupancy room as a single room and pay the appropriate scheduled amount on a prorated basis for the remainder of the Agreement, if request is granted. Any permission granted herein shall be evidenced in writing by the LESSOR. D. LESSOR reserves the right to change room assignments for health, safety or repair services, economy or disciplinary reasons involving the LESSEE or for unresolvable incompatibility of roommates. A LESSEE residing in Benton Hall or Stateview Apartments, who may find themselves living in a suite/apartment that has fallen below 75% of capacity, may be subject to a consolidation change of assignment. LESSOR further reserves the right to cancel this Agreement, reenter the premises, and remove a LESSEE for any violation of the terms of this Agreement or in the interest of health, discipline or the general welfare of the residence center, LESSEE or other LESSEES. E. UNAUTHORIZED room change will result in a $ administrative fee assessed to the LESSEE. F. LESSOR will not discriminate in room assignment on the basis of age, race, color, creed, religion, sexual orientation, national origin, status with regard to public assistance or disability. G. For purposes of room/hall assignment the University uses the following definitions: Upperclass student - student must be of sophomore through Graduate level status. Second year students with two semesters of residence hall living and/or a minimum of 30 credits will be classified sophomores. H. LESSOR agrees to provide clean habitable premises and to keep said premises in good repair, including: 1. The LESSOR shall install and maintain, in good working order, locks on all doors leading from living quarters to hallways and other common areas and to the exterior of the building. 2. LESSOR shall provide screens, storm windows and curtains in usable condition for windows in each room. 3. LESSOR shall provide a bed, mattress, wastebasket, desk and chair in usable condition. 4. Lessee agrees to notify lessor of any items needing repair. 5. A. ROOM and BOARD RATES are subject to change by action of the MnSCU Board. B. The dining service included in this agreement is provided by the University. Credit is not given for meals missed. Board is not transferable. Room and Board does not include University recesses (breaks between semesters, Thanksgiving and holiday break or other breaks as publicized). 6. PAYMENTS: A.ADVANCE PAYMENT. Any advance payment paid by LESSEE at the time of applying for residence hall accommodations shall be applied to the first semester. B. DAMAGES. Lessee agrees to assume responsibility for any damages to the room, after check-in, and throughout the term of residence in the room. C. RENTAL PAYMENTS are due each semester in advance. If necessary, payment in three installments may be arranged. For installment payments refer to Payment Schedule and Policies information sheet. D. If LESSEE is in default on any payment set forth herein, LESSEE is liable for all legal costs, charges and attorney fees which accrue in obtaining payment. E. LESSEE agrees that if their meal plan is canceled by Lessor because of non payment, lessee is still responsible for the full payment. F. If BALANCE is not paid by final due date, a late fee will be assessed and the agreement termination/eviction process will be started. Lessee is still liable for the balance. 7. DINING SERVICE: A. All agreements include board (meals). Only a limited number of room only agreements are permitted. A request for a room-only agreement does not mean that it will be available to the LESSEE. Assignment to a room and board agreement of a student requesting a room-only agreement is the prerogative of the LESSOR and does not void this agreement. B. Students will be allowed to select the meal plan of their choice (subject to requirements and stipulations) prior to pre-established deadlines each semester. Failure to select a meal plan automatically defaults the student to a Husky Anytime. 8. RIGHT OF ENTRY: The LESSOR, its officers, employees and agents shall have the right to enter upon said assigned premises at reasonable times for the purpose of inspection and repair, preservation of health, safety and quietude, recovery of University-owned property, to enforce compliance with rules and regulations, and to insure building safety during break periods. LESSEE understands that authorized University employees will enter their room during break periods to insure building safety (i.e. windows secure, appliances unplugged, etc.). 9. ASSIGNMENT: LESSEE shall not assign, sublet or otherwise transfer his/her interest in this Agreement without the prior written consent of the LESSOR. Agreements are not transferable from one academic year to another. 10. LESSOR NON LIABILITY: LESSOR is not responsible for damage or theft of LESSEE s personal property, including money and/or delivered packages. LESSOR encourages LESSEE to carry appropriate personal property insurance. Additionally, St. Cloud State University, the Residential Life department and Residence Hall Staff assumes no liability for accidents/injuries which may occur either in the Residence Hall or while student is participating in any program/activity conducted on or off-campus which may be sponsored all or in part by the Residence Hall, Residential Life, Residence Hall Staff and/or St. Cloud State University. 11. GUESTS: LESSEE may have guests, friends and visitors on the premises as stated in the Student Code of Conduct and Residential Life Policies, but LESSEE shall assure that such guests, friends and visitors refrain from acts or practices which unreasonably disturb other residents or are in violation of any University rule or regulation. LESSEE is responsible for the actions and conduct of all guests, friends and visitors, and may be subject to disciplinary action due to the actions of guests. LESSEE may incur financial obligation for unauthorized stay. Damage caused by guests, friends and visitors is the responsibility of the LESSEE who hosted them. 12. RULES AND REGULATIONS: A. Pets are not permitted in residence halls at any time with the exception of fish kept in an aquarium. B. The possession, use or storage of firearms, fireworks, ammunition, explosives of any type, potentially dangerous weapons, alcoholic beverages, illegal drugs, air conditioners, refrigerators exceeding 4.0 cubic feet, flammable liquids and laboratory specimens are prohibited in the residence centers and on adjoining grounds. C. IF LESSEE is responsible for excessive noise or otherwise interferes with quiet enjoyment of the residence hall by other occupants, LESSEE will be subject to disciplinary action and eviction. In addition to other disciplinary measures, such LESSEE may be required to

3 remove stereos, musical instruments and the like from LESSEE s assigned room. D. LESSEE agrees to become aware of, and observe all other policies, regulations and guidelines published in the Student Code of Conduct and Residential Life Policies ( which is by reference made a part of this Agreement. 13. UPKEEP: A. The LESSEE agrees to be financially responsible for keeping the room, its furnishings, windows and doors clean and free from damage. B. The LESSEE agrees to report any issue involving pests, insects, bed bugs, etc so that LESSOR may inspect and make appropriate arrangements to eliminate problems. LESSEE agrees to be financially responsible for any fees associated with exterminator services, cleaning fees, etc. if the LESSOR determines the problem becomes widespread, is repetitive or clearly the LESSEE shows any negligence in reporting issues and/or following provided guidelines to mitigate infestation. C. The LESSEE agrees not to modify or allow the modifications of the room or other parts of the building without prior written approval from the Director of Residential Life or his/her designee. D..When two or more LESSEES occupy the same room and responsibility for damages to the room or contents cannot be ascertained, the damage charge will be assessed equally among the LESSEES. E. LESSEE agrees not to duplicate the room key and if the key is lost to pay the charge for the key and lock core replacement. F. LESSEE agrees to use all public areas in a careful manner and to help in assuring their cleanliness. G. LESSEE will be financially responsible for any damage or lack of cleanliness by LESSEE to the public areas. 14. CHECK-IN AND CHECK-OUT PROCEDURES: A. LESSEE will, upon occupying a room, complete and sign a Room Condition Form, which will be a complete record of the room condition. B. At the end of the lease period, the room shall be inspected by the LESSOR and LESSEE and a comparison made between the information contained on the room condition form. Any damages identified which are not contained on the initial room condition form shall be attributed to LESSEE. The LESSEE is responsible for any such damages. C. The LESSEE must fill out a Check-out Form with a staff member of the Residence Hall. D. Failure to follow these procedures shall result in the assessment of a $50.00 charge. E. At the end of the lease period, LESSEE shall provide the LESSOR with a mailing address or other delivery instructions for mail forwarding purposes. F. Room must be vacated at the end of each semester by the hall closing times established by the LESSOR. including possession of firearms or other dangerous weapons. J. Violation of policies as stated in the Student Code of Conduct and Residential Life Policies. 19. The University may deny an application for university housing or cancel an existing housing agreement if it determines an individual's conduct and/or criminal record indicate an actual or perceived threat to the university community, including students, faculty, staff and guests. The individual will be notified in writing of such decisions, and will be afforded the opportunity to appeal such decisions to the Director of Residential Life, or other university designee. 20. LESSEE agrees that if this agreement is canceled by LESSOR and LESSEE is required to leave his/her room because of violations of terms of this agreement, then LESSEE is responsible for the room rent for the remainder of the academic year (term of this agreement). 21. SMOKING POLICY. LESSOR will make every attempt to assign nonsmokers together and smokers together. However, no guarantee may be made. All residence halls and student rooms are smoke-free. 22. Stateview and Lawrence: Lessee understands that not all services normally provided in other residence halls are available in Stateview or Lawrence. Furnishings and rates may also vary from hall to hall. 23. COMPLETE AGREEMENT. This agreement, along with the Student Code of Conduct and Residential Life Policies, which by reference are part of this agreement, represents the entire agreement between the parties and no oral promises between the LESSOR and LESSEE are binding thereon. INWITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 15. TERMINATION: A. An agreement for the full academic year commencing Fall Semester, may be terminated by LESSEE, without financial obligation (less non-refundable application fee), if LESSEE provides written notice of termination by May 1, or within seven (7) business days of the receipt of the application if submitted after May 1 and prior to August 1. All cancellations must be in writing to the Department of Residential Life. Notice of cancellation to the admissions, financial aid, business or registrar s office or to other University offices does not constitute notice of cancellation of this agreement to the Department of Residential Life. B. An Agreement commencing Spring Semester for the remainder of the academic year may be terminated by LESSEE without financial obligation (less non-refundable application fee), if LESSEE provides written notice of termination sixty (60) days prior to the first general registration day of Spring Semester. C. No-Show, Failure to Arrive, or Written request for termination by LESSEE received after the cancellation dates set forth in paragraph 15A and B above and before the first day of general registration for which the termination was intended to be effective will be granted subject to a charge to LESSEE of $ representing an administrative charge, and payment of room charges for the period of time a vacancy exists due to late cancellation. D. Requests for termination by LESSEE received other than at the times set forth in paragraph 15A, B, C and D will not be honored and the LESSEE shall be liable for all contracted costs for that semester. Exceptions for release from the agreement will be granted for study abroad, internships/student teaching, graduation, non-enrollment or other major documented unforeseen catastrophic situations, as approved by the Director of Residential Life or his/her designee. E. LESSOR may immediately terminate this Agreement, reenter and retake the premises upon LESSEE s failure to make payments as required under this Agreement or for any other violation of the terms of this Agreement or any violation of University or departmental rules and regulations. Appropriate notice and appeal procedures are provided to the LESSEE where termination is based upon a violation of such rules and regulations. 16. After receiving your room keys (including early arrival housing), you will be held to the full financial obligation and terms of this agreement. Students who reside in their room and withdraw from the University during the first full week of classes will forfeit 25% of semester room charges; withdrawals during the second full week of classes forfeit 50% of semester room charges and withdrawals during the third full week of classes forfeit 75% of semester room charges. Withdrawals after the third full week of classes result in 100% semester room charges. Unused board charges will be REFUNDED from the Saturday of the week the student withdraws, providing the student properly checks out of the residence hall through the Department of Residential Life. Students dismissed from the hall for violation of these terms will not receive a refund. 17. UNAVAILABILITY OF PREMISES: In the event that any of the premises which are the subject of this Agreement, which for the purposes of this provision shall include any and all areas in and about the residence center, should be partially or totally lost, destroyed or otherwise unavailable because of fires, strikes, acts of God or other events so as to render them unfit or unavailable in whole or in part for the purposes of the LESSEE, then either the LESSOR or the LESSEE shall have the right to immediately terminate this Agreement. Lessor shall not be liable to the LESSEE for any damages occurring as the result of such termination. 18. The University may revoke this agreement and/or refer any disciplinary cases to the University Judicial Officer (refer to Residential Life Policies) for one or more of the following reasons: Civil Authorities will also be used in cases deemed necessary. A. Disorderly, Unethical, vicious, or immoral conduct in or near the residence halls. B. Misuse, abuse, theft or destruction of residence hall property. C. Violation of university policy in regards to use and possession of alcoholic beverages. Violators will be subject to the enforcement policy as established and posted in the residence halls by the Department of Residential Life. D. Violation of state gambling laws. E. Possession, use and/or sale of drugs and narcotics. Violators will be subject to the enforcement policy as established and posted in the residence halls by the Department of Residential Life. F. General behavior in the residence halls over a period of time that is indicative that the student is not able to adjust to the requirements of group living. G. Use of fire fighting equipment, except in case of fire or during a fire drill is prohibited by State Law. H. Violations of the Residential Life Agreement and/or Student Code of Conduct which are motivated by bias. I. Conduct or behavior threatening to the safety or well-being of others,

4 HOUSING AGREEMENT - COBORN PLAZA APARTMENTS This Residential Housing Agreement is made between St. Cloud State University- Department of Residential Life (University) and (Student) designated below. (Fill out student name/star ID) Name/Star ID TERMS In consideration of the mutual covenants and conditions contained in the Agreement, University and Student agree as follows: 1.0 ELIGIBILITY. Student must be an enrolled student with St. Cloud State University and/or St. Cloud Technical College. Student agrees to vacate the assigned room within forty-eight (48) hours after loss of status as an enrolled student or if the Student fails to register for academic credit course work. Exceptions to this requirement must be approved in writing by the Director of Residence Life or his/her designee. 2.0 TERM. 2.1 The term of this Agreement for a 10-month contract shall be for one (1) academic year (fall and spring semesters). Specific 10-month rental period check-in and check-out dates will be published by the University/Department of Residential Life. The term of this Agreement for a 12-month contract shall be the fall and spring semesters and successive summer terms. Student signing a 12-month contract cannot change the terms of the contract without financial penalty. Except for 12-month contracts, this contract is in effect for one academic year (fall semester through spring semester) or that portion of the academic year remaining at the time of initial occupancy. Contract dates are subject to change according to the academic calendar. 2.2 Student must vacate the assigned unit at the end of the rental period in accordance with the guidelines established by the Department of Residential Life (University). Students who sign a 12-month contract are subject to a new assignment during summer months based upon occupancy, consolidation policies (see section 4.11) and the most efficient use of space as determined by the Department of Residential Life. Students who sign 12-month contracts and renew a contract for the following year will be provided with a space in between contract periods if changing assigned units. 2.3 Proposed rates and fees are provided by the University to the Student at the time the agreement is completed. 2.4 Final rates and fees are subject to approval by action of the Minnesota State Colleges and Universities Board of Trustees which occurs annually. 3.0 CONSIDERATION. 3.1 Student agrees to pay University a fifty dollar ($50.00) non-refundable application fee (waived for current University Students) and a two hundred dollar ($200.00) pre-payment with return of the signed agreement. The two hundred dollar ($200.00) pre-payment shall be applied to student s account. Payments shall be paid once each semester in accordance with the official St. Cloud State University billing schedule, unless otherwise arranged with the University. 4.0 PREMISES AND ROOM ASSIGNMENT. 4.1 Execution of this agreement guarantees assignment to a unit with a vacancy in the Coborn Plaza Apartments; however, it does not guarantee assignment to a specific building, unit, room or roommate within the Coborn Plaza Apartment complex. Student may, after written approval from the Director of Residence Life or his/her designee, move to another apartment unit in accordance with St. Cloud State University s reassignment policies which are incorporated herein. 4.2 Parking is available for rent on a space-available basis for residents of the building. The fee and policies for parking is published annually by the University Student shall fill out a Parking Form and submit it to the University along with this Contract. Parking is on a first come, first serve basis. Those that are unable to obtain a parking permit shall be placed on a waiting list Guests of residents may park in the assigned parking visitor parking areas. Time restrictions shall apply The University reserves the right to require a student to temporarily move vehicles in the parking garage to accomplish cleaning, maintenance or repairs of the structure. Student shall comply with all requests to move vehicles in a timely manner The University shall not be responsible for any lost, damaged or stolen items and vehicles when parked in the parking areas. 4.3 Student shall not assign, sublet, or otherwise transfer student s interest in this Agreement. 4.4 University may, in accordance with applicable rules of Minnesota State Colleges and Universities (MnSCU), St. Cloud State University regulations, St. Cloud State University Residential Life policies, and building rules as contained in Attachment, reserve the right to cancel this agreement or reassign student to another unit if deemed necessary by the University to be in the best interest of order, health, safety, discipline, security, building repairs, maximum utilization of facilities, unresolved incompatibility of room/suitemates and/or failure of student to make required payments. 4.5 This agreement does not include a meal plan, unless student specifies a request for a meal plan on the application page. 4.6 Student agrees that apartment/unit space shall be used for residential purposes only. 4.7 Student may not alter or remodel apartment unit, drive nails, screws or their equivalent in to walls, ceilings or woodwork. 4.8 Student may not affix antenna, satellite dish or other attachment to the windows, window frames or other exterior or interior portion of the Complex. 4.9 Student agrees to maintain apartment unit in a clean and orderly manner. Student shall not make alterations to any assigned unit or common facilities, equipment, and/or buildings and agrees to reimburse University for repairs required to be made to the unit, common facilities or equipment in the building to return it to reasonably similar condition Appliances: University and property owner provide each unit with a working washer, dryer, refrigerator/freezer, oven, microwave, and dishwasher The use of toasters, hot plates, and all other cooking appliances which contain heating elements is restricted to the kitchen of the apartment unit and shall not be used in the living room, bedroom or bathrooms Student may not operate additional appliances that provide heating or air conditioning Student is responsible for reporting any operational failures of appliances listed in section immediately to University and/or property management staff Right of Entry: University and property management staff may enter property upon reasonable notice for the purposes of inventorying University property, inspections, maintenance, repairs, and safety or when a reasonable belief exists that policy violations and/or illegal actions may be taking place within the assigned unit University reserves right to enter assigned apartment once a month to conduct an inspection of the condition of the apartment unit. University will announce inspections in advance in a reasonable time prior to entry so that student may be present. Student will receive or may request a report of the results of the inspection.

5 4.12 University and property owner are not liable for any damage to or loss of personal property, failure or interruption of utilities, or for injury or inconvenience to persons Student is encouraged to purchase Renter s Insurance to protect their own personal property University reserves the right to consolidate and reassign Student to comparable unit types at the end of an applicable academic term if the occupancy of the unit type falls to or below 50% of assigned capacity. University agrees to provide Student with list of available units before making reassignment. Student understands that payment is subject to change based upon new assigned unit and shall pay the difference of any increase upon receipt of reasonable notice from University. 5.0 RULES AND REGULATIONS 5.1 University Regulations: Student is responsible for knowing and observing all St. Cloud State University regulations as may be publicized from time to time and building rules and regulations as contained in the Attachment to this agreement. University regulations include, but are not necessarily limited to, the SCSU Student Code of Conduct, the building rules and regulations contained in the Attachment to this agreement and policies listed in the Department of Residential Life Student Handbook. The handbook is available at University reserves the right to make and amend the terms of official rules, regulations and policies. Such rules and regulations shall be effective upon the date of the official adoption of the rule/regulation. The University shall make reasonable efforts to inform students of any regulation/policy changes. 5.2 Access: Outside doors to the apartment complex are locked 24 hours/day. Student is provided with an individual fob/key that permits access to exterior entrances, unit main door, and individual bedroom door For student s safety, as well as the safety of other residents, student agrees not to provide access to non-residents into the building who are not his/her guests Student shall not duplicate or attempt to duplicate his/her room fob/key. Student shall pay the charge for the fob/key and appropriate lock core replacement(s) upon loss of unit main entrance and/or bedroom fob/key. 5.3 Guests: All student guests must contact his/her host for admission Student agrees to escort all his/her guests while they are visiting the premises Student shall assure that his/her guest refrain from acts or practices which unreasonable disturb other residents or are in violation of any University rule or regulation. Student assumes the responsibility for his/her guest(s) at all times. Student may be held accountable for the actions of his/her guest(s). 5.4 Pets are not permitted in apartments at any time, with the exception of fish maintained in an aquarium (no other aquarium pets) of 10 gallons volume or less. A student who may require the use of a service animal shall notify the University and provide the appropriate support documentation at the time of application in order for approval and arrangements to be considered. 5.5 Smoking is prohibited on or within the complex or units, including lobbies, hallways, public rooms, parking garages, within ten (10) yards of any building entrance, and individual bedrooms. 5.6 Student shall not possess, use, or store firearms, weapons, fireworks, ammunition, explosives of any type, alcoholic beverages, illegal drugs, drug paraphernalia, prescription drugs for non-prescribed use, flammable liquids in excess of 5 ounces, laboratory specimens, and burning candles. All are prohibited in the apartment units and adjoining facilities/grounds. 6.0 CHECK-IN/CHECK-OUT. 6.1 Specific dates and times for check in and checkout will be published and distributed by the University in a reasonable time and manner. 6.2 Student will upon occupying an apartment unit complete and sign the check-in portion on a room inventory form which will record the apartment, bedroom, furniture, and appliance condition. 6.3 At the end of the agreement period or at time of an approved room change, the room shall be inspected by the University and student and the check-out portion of the room inventory form shall be completed. It is the responsibility of the student to schedule a check-out inspection meeting. The Director of Residence Life and /or his/her designee will make final determinations of damage/cleaning charges. 6.4 Failure to follow proper check-out procedures shall result in an administrative charge to student in the amount of twenty-five dollars ($25.00). Additional charges for damages and/or unusual wear to furnishings, appliances, and/or dwelling are responsibility of the Student. 6.5 Student shall provide University with a forwarding/mailing address or other delivery instructions for return of any unused portion of the residence hall payments and other official communications. 7.0 TERMINATION/REFUND 7.1 An agreement for the full academic year (10-month contract) commencing Fall Semester, may be terminated by Student, without financial obligation (less nonrefundable application fee), if Student provides written notice of termination by April 1, or within seven (7) business days of the receipt of the application if submitted after April 1 and prior to August 1. All cancellations must be in writing to the Department of Residential Life, Carol Hall. Notice of cancellation to the admissions, financial aid, business or registrar s office or to other University offices does not constitute notice of cancellation of this Agreement to the Department of Residential Life. 7.2 An Agreement commencing Spring Semester for the remainder of the academic year may be terminated by Student without financial obligation (less non-refundable application fee), if Student provides written notice of termination sixty (60) days prior to the first general registration day of Spring Semester. 7.3 An agreement for a 12-month contract commencing Fall Semester may be terminated by Student, without financial obligation (less non-refundable application fee), if Student provides written notice of termination by April 1 or within seven (7) business days of the receipt of the application if submitted after April 1 and prior to August 1. All cancellations must be in writing to the Department of Residential Life. Notice of cancellation to the admissions, financial aid, business or registrar s office or to other University offices does not constitute notice of cancellation of this Agreement to the Department of Residential Life. 7.4 Change of a 12-month contract to 10-month contract at any time after April 1 will subject the Student to an additional administrative fee charge of $ No-Show, Failure to Arrive, or Written request for termination by Student received after the cancellation dates set forth in paragraph 7.1 and 7.2 above and before the first day of general registration for which the termination was intended to be effective will be granted subject to a fee to Student of $ representing an administrative charge and payment of room charges for the period of time a vacancy exists due to late cancellation. 7.6 Requests for termination by Student received other than at the times set forth in paragraph 7.1, 7.2, 7.3, and 7.4 will not be honored and the Student shall be liable for all contracted costs for that semester. Exceptions for contract release may be granted for documented unforeseen catastrophic situations, as approved by the Director of Residential Life or designee. Any Student who requests an early termination of a 10-month or 12-month contract is subject to a fee of $600, regardless of circumstance, unless Student can identify an eligible student, not currently under contract for University housing, to fulfill the remainder of the agreement period. 7.7 University may immediately terminate this Agreement, reenter and retake the premises upon Student s failure to make payments as required under this Agreement or for any other violation of the terms of this Agreement or any violation of University or departmental rules and regulations. Appropriate notice and appeal procedures are provided to the Student where termination is based upon a violation of such rules and regulations. 7.8 After receiving entrance fob/keys (including early arrival housing), Student will be held to the full financial obligation and terms of this contract. Students who reside in their room and withdraw from the University during the first full week of classes will forfeit 25% of semester room charges; withdrawals during the second full week of classes forfeit 50% of semester room charges and withdrawals during the third full week of classes forfeit 75% of semester room charges. Withdrawals after the third full week of classes result in 100% semester room charges. University reserves the right to terminate this Agreement, re-enter the premises and remove student for any violation of the terms of this Agreement, and/or student violation of University policies (See section 5.1). 8.0 MISCELLANEOUS.

6 8.1 Severability: If any provision of this Agreement is determined to be void, invalid, unenforceable or illegal, this Agreement will be ineffective only to the extent of such prohibition and the validity and enforceability of all the remaining provisions shall not be affected thereby. 8.2 Entire Agreement Modification: This Agreement contains all the terms between the parties. 8.3 Jurisdiction and Venue: This contract and amendments and supplements thereto shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in State or Federal court with competent Jurisdiction in Ramsey County, Minnesota. 8.4 Non Waiver: No delay or failure to enforce any provision of this Agreement will constitute a waiver or limitation of rights enforceable under this Agreement. For Shared Occupancy Agreements Resident will be 100% responsible for the cleanliness and maintenance of his or her assigned Bedroom and will have cleaning and damage charges beyond normal wear and tear charged to the Resident s St. Cloud State University account. In Addition, the kitchen and all common areas of the Apartment will be the joint responsibility of all suitemates. Suitemates will share equally in the responsibility for the cleanliness and maintenance of the Apartment s common area and will have cleaning and damage charges beyond normal wear and tear charged to Resident s St. Cloud State University account. If one (1) Resident is assigned to an Apartment, he or she shall be 100% responsible for cleaning and damage charges beyond normal wear and tear. If two (2) Residents are assigned to an Apartment, they shall be 50% responsible for cleaning and damage charges beyond normal wear and tear. If three (3) Residents are assigned to an Apartment, they shall be 33.3% responsible for cleaning and damage charges beyond normal wear and tear. If four (4) Residents are assigned to an Apartment, they shall be 25% responsible for cleaning and damage charges beyond normal wear and tear. If, during the term of the Lease, any of the Resident s suitemates causes damage to any portion of the Apartment for which Resident is responsible as provided above, and Resident wishes to avoid proration of responsibility for such damage in the manner set forth above, then Resident shall be responsible for contacting the Department of Residential Life, reporting the alleged damage, and for fully cooperating with the Department of Residential Life in an investigation and inquiry into the report. If Resident s suitemate(s) admit(s) responsibility for the damage, then the Department of Residential Life will take appropriate action to reflect that Resident should not be charged for such damage at the time or move-out and the end of the Lease. If Resident s suitemate(s) deny/denies responsibility, and/or otherwise refuses to be responsible for being assessed completely for such damage, or paying for and restoring such damage at the time of the investigation, then Resident acknowledges that the above proration of damages and responsibility will still apply. Resident acknowledges that his or her responsibility to the Department of Residential Life for damages beyond ordinary wear and tear, cleaning and other amounts due under this agreement. Resident will also be responsible to the Department of Residential Life for any damages caused by Resident, or Resident s guests, to all common areas. If during the term of this Lease it is determined that Resident, or a guest of Resident, is responsible for damage to any part of the Apartment, then the Department of Residential Life shall be entitled to repair the premises and add the charge to the responsible student(s) St. Cloud State University account. Resident and Resident s roommate or suitemates are subject to having their Apartment home and bedroom inspected on a regular basis by Management/Department of Residential Life, its representatives, government officials and its lenders. Inspections are to assist Management in identifying potential management and maintenance issues and to comply with applicable codes. The inspection also assists Management/Department of Residential Life in ensuring that Resident and Resident s roommate or suitemates are taking proper care of their rented premises. If, in the opinion of Management/Department of Residential Life, Resident s Bedroom or the Apartment needs additional attention, such as cleaning, repair, etc., Resident will be notified and will be responsible for correcting By your signature on the Coborn Plaza Apartments Application, the Student acknowledges that you have read, understand, and agree to the terms and conditions of this Agreement. Student Signature Date University Representative