Student Residency Agreement Academic Year 2015/2016

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1 Student Residency Agreement Academic Year 2015/2016 This student residency agreement ( Agreement ) is dated on the Date of Occupancy between the Resident and the Operator. The following pages, Schedules A and B, the Rules of Carey Centre and the Resident s Handbook form the complete Agreement. The Resident: Mark Penner The Operator: The date of occupancy ( Date of Occupancy ) shall be: Carey Hall August 31, 2015 The unit being rented ( Unit ) shall be: #317 The term of rental ( Rental Term ) shall be: Date of Occupancy up to April 30, 2016 The residency fee and damage deposit fee (collectively Fees ) shall be: Non-refundable Deposit $ 700 Upon Acceptance Security Deposit $ 300 Aug 7, 2015 Semester 1 Fee $ 5,400 Aug 7, 2015 Semester 2 Fee $ 5,400 Dec 11, 2015 The parking stall # ( Parking Stall # ) shall be: The parking stall rent ( Parking Rent ) shall be: Bike storage tag number ( Bike Tag #") shall be: AGREED TO BY: The Resident Print Name: Mark Penner And Carey Hall, by its authorized signatory Print Name Carey Centre Student Residency Agreement Page 1

2 WHEREAS: 1. Carey Hall is the owner and manager of the building housing Carey Theological College (1815 Wesbrook Mall) and related administrative, educational and residential facilities at Carey Centre (5920 Iona Drive) in Vancouver, BC. 2. Carey Hall provides certain facilities and services to the residents of Carey Centre, as detailed in this and other agreements. Carey Hall reserves the right to restrict access by the Resident to common areas including some of the office, administrative and educational areas within Carey Centre at certain times, for the secure functioning of its multiple uses. 3. The Resident wishes to reside in Carey Centre and to avail himself or herself of some of the services provided there by Carey Hall. THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. OFFER OF RESIDENCY Carey Hall has offered to the Resident and the Resident has accepted the Unit in Carey Centre on the terms outlined in this Agreement. 2. DATE OF OCCUPANCY The Resident will occupy the Unit at Carey Centre from the Date of Occupancy to April 30, RESIDENT S OBLIGATIONS The Resident agrees: i. Residency Fees and Security Deposit Payable To pay in full all Fees according to the prescribed due dates. (a) (b) (c) A $30 service charge will be levied on all cheques returned by your bank for any reason. You will pay all fees that may be imposed by Carey Hall in respect of electronic financial transactions, including, without limitation, electronic funds transfers and Interac transactions where, after initial processing, the transaction is cancelled or voided due to insufficient funds. Late payments will not be accepted and as a result, the room you are assigned will be assigned to another individual. Under extenuating circumstances Carey Hall may consider later payment of fees subject to a late payment fee of at least $50. ii. Security Deposit To pay Carey Hall a security deposit ( Security Deposit ) by the prescribed due date. The Security Deposit will be held in trust by Carey Hall and may be applied to overdue all Fees or to charges payable by the Resident under this Agreement. The Security Deposit will be held in trust by Carey Hall if the Resident is returning the next year or will be refunded to the Resident, less any assessments and outstanding charges, if the Resident will not be returning the next year. If a portion of the Security Deposit is Carey Centre Student Residency Agreement Page 1

3 applied by Carey Hall to pay for amounts owing by the Resident during the occupancy, the Resident will replenish the Security Deposit to its full amount. Schedule B outlines the Unit condition checklist at the time of occupancy and at the time of the Resident vacating the Unit and is an integral part of this Agreement. iii. Termination This Agreement may not be terminated by either party except under circumstances outlined in section 3.iv. If acceptations by Carey Hall are made for termination of this Agreement, financial penalties will apply which may be in excess of the Fees. iv. Breach of Agreement That if the Resident is in breach of or neglects or fails to perform or observe any of the terms and conditions of this Agreement and such breach, neglect or failure continues for ten (10) days after service on the Resident of a notice to remedy the breach, it shall be lawful for Carey Hall, without further notice, to terminate this Agreement and to repossess the Unit, without refund of any monies and without prejudice to any other right of action of Carey Hall against the Resident. v. Other Amounts Payable by The Resident To pay in advance of the Date of Occupancy the full aggregate amount of any additional charges including Parking Rent (or other services arranged at the request of the Resident). These charges are to be paid in full in advance of each semester, at the time and in the manner the Fee instalments are payable. vi. Care of Carey Centre To keep Carey Centre, the Unit and common areas clean and tidy, not to damage Carey Centre (damage by normal wear and tear excepted) and to accept responsibility for the cost of repairs attributable to the Resident s conduct and his/her visitors and which are not a result of normal wear and tear. As more particularly described in the Resident s Handbook, Carey Centre reserves the right to enter the Unit when deemed necessary. Carey Centre will inspect the Unit during the Christmas break and, where necessary, will rectify deferred cleaning and may deduct any resulting costs from the Security Deposit. In such cases, the Security Deposit must be reinstated to its original amount prior to the Resident reoccupying the Unit. vii. Laundry To undertake the Resident s personal laundry requirements. The Resident will have access to community laundry facilities in Carey Centre, as more particularly described in the Carey Centre Resident s Handbook. Carey Centre Student Residency Agreement Page 2

4 viii. Pets Not to bring or keep in or around Carey Centre any pet. The only exceptions to this rule are guide dogs for residents with a relevant documented disability that has the written consent of Carey Centre. ix. Telephone, Utilities and Internet Access To pay long distance telephone calls and other additional charges and penalties related to telephone, utilities and internet usage. The Unit at Carey Centre includes all normal utilities, Internet access and telephone line. x. Use of Carey Centre Not to use Carey Centre for any purpose other than as the Resident s personal residence and not to do any act or thing which is an annoyance, is disruptive or is a nuisance to other occupants, the students or the staff of Carey Centre, or to the owners or occupiers of adjacent properties. xi. Not to Abuse or Harm Other Residents, Staff or Visitors Not to verbally or physically abuse or intentionally cause harm to any occupant of or visitor to Carey Centre. xii. Not to Affect Carey Centre Insurance Policy Not to permit anything to be done in Carey Centre or to bring or keep anything in Carey Centre which may in any way invalidate or violate the conditions of any insurance policy relating to Carey Centre. xiii. No Alterations to the Unit or to the Building or Grounds Not to make any structural alterations or to add to or alter the interior or exterior finishings or appearance of the Unit, Carey Centre or its grounds without the written consent of Carey Hall. xiv. Assignment and Subletting Not to assign, sublet or otherwise dispose of or in any way part with the possession of or grant any licence to use the Unit in Carey Centre, and not to permit any person to remain in Carey Centre as a guest overnight without the approval of Carey Hall. xv. Authorized Occupants and Resident s Responsibility for Visitors To be responsible for any breach of any of the terms contained in this Agreement by any visitor or guest of the Resident. Any such breach shall be regarded for the purpose of this Agreement as a breach of the Agreement, committed by the Resident. Only the Resident is authorized for occupancy under this Agreement. The Resident is responsible for the conduct of any minor(s) in their charge. The Resident is also responsible to ensure that his/her visitors are aware of all the rules and policies of Carey Centre. Carey Centre Student Residency Agreement Page 3

5 Overnight guests are permitted provided that the Resident obtains prior approval from Carey Hall and provided that one guest at a time for no more than four (4) nights in total in any month. xvi. Claims for Damages or Loss Not to make any claims or actions against Carey Hall with respect to any loss, damage or injury suffered by the Resident as a result of any act or omission by any other party including but not limited to other occupants and residents, employees of Carey Centre and to hold Carey Hall indemnified against any such claim or action. xvii. Insurance That Carey Hall does not provide insurance for the Resident s personal effects. It is recommended that the Resident arranges his/her own person and all personal effects to be covered by private insurance. Carey Hall strongly advises the Resident to obtain a residential insurance policy that covers: (a) (b) loss of personal property; and liability for personal injury and property damage. Insurance may be available as an extension of your family's home insurance policy, or you can obtain your own insurance package. xviii. Installations or Alterations to Private Unit To not alter or install any additional items of any kind at Carey Centre including the Unit. xix. Rules and Resident s Handbook of Carey Centre To be bound by and to observe the Rules of Carey Centre and the Resident s Handbook as established and distributed or posted by Carey Hall. Carey Hall may see fit to change the Rules of Carey Centre in its sole discretion and the rules that are in place at any time shall be observed and followed as if they were terms of this Agreement. The Resident agrees to familiarize themselves with the Carey Centre Resident s Handbook and to support and promote the protocols, standards and practices espoused therein. 4. CAREY HALL S OBLIGATIONS Carey Hall agrees: i. General Items Provided To provide the Resident with the following facilities and services: (a) (b) A private room with en suite bathroom and private phone. It shall include furniture as described in the Resident s Handbook. The use of common areas of Carey Centre including dining room, student lounge, study lounge, laundry room, bicycle storage areas and any other common use areas, at such times as they are made accessible to the Resident and subject to Carey Centre Student Residency Agreement Page 4

6 (c) (d) Carey Hall s discretion as to times that certain areas of Carey Centre must remain inaccessible to the Resident or other groups. Three (3) meals per day, served in the dining room at scheduled times. Special dietary needs will be considered. Cleaning of common areas. ii. Quiet Enjoyment To permit the Resident to reside in Carey Centre without any unlawful interruption or disturbance by Carey Hall or its agents. iii. Carey Hall may Transfer Resident That Carey Hall retains the right to transfer the Resident from one private room to another within Carey Centre at its sole discretion, with reasonable notice being given prior to any such transfer, under the circumstances. iv. Condition of Carey Centre At all times to keep Carey Centre in a state of good repair and maintenance and to promptly attend to any necessary repairs on a commercially reasonable efforts basis. v. Repairs and Maintenance To carry out or arrange to be carried out at the expense of Carey Hall in a good and proper workmanlike manner all maintenance in and around Carey Centre and the areas of common use a commercially reasonable efforts basis. vi. Insurance To insure and keep Carey Centre insured against damage by fire and against public risk and such other reasonable risks as may from time to time be determined by Carey Hall. This obligation shall not require Carey Hall to insure the Resident s own personal property vii. If Carey Centre Becomes Unfit for Occupation If Carey Centre becomes unfit for occupation, Carey Hall will use commercially reasonable effort to arrange for the Resident to be housed in similar accommodation at the expense of Carey Hall until the earlier of Carey Centre being made habitable or expiry of this Agreement. viii. Right to Dispose of Chattels No goods or chattels of the Resident shall remain in Carey Centre after the Resident vacates the Unit unless prior approval is obtained from Carey Hall management. Carey Centre Student Residency Agreement Page 5

7 ix. Duty to Enforce House Rules and Standards of Conduct To maintain civil standards of conduct and general observance of the Rules of Carey Centre for the benefit of all residents, staff and students of Carey Centre. If necessary, Carey Hall will terminate this Agreement of and evict the Resident who has proven to be a hazard to their own or other s health, safety, property or enjoyment of life at Carey Centre. x. Waiver of Liability Carey Hall is not responsible for property of the Resident that is lost, stolen or damaged while kept at Carey Centre, or for the personal safety of the Resident or their guests while at Carey Centre or elsewhere on the UBC campus, or while involved in any activity organized or participated in by Carey Hall or its employees, agents or assigns. xi. Ongoing or Occasional Construction To reserve the right to undertake building repairs, alterations or occasional event preparations which may cause construction to be underway during the term of this Agreement. Carey Hall will endeavour to ensure a minimum of disruption to the quiet use and enjoyment of Carey Centre by its residents due to such activity, and that such work is carried out during reasonable hours. 5. DISPUTE RESOLUTION A. If any dispute or difference arises between the Resident and other resident(s) of Carey Centre, such dispute shall be decided by Carey Hall management using standard grievance resolution procedures. The decision of management shall be final and binding on all parties. B. If any dispute or difference arises between the Resident and Carey Hall and such dispute or difference cannot be resolved by using standard grievance resolution procedures, then such dispute or difference shall be resolved by mediation or arbitration pursuant to the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre in Vancouver, BC. 6. NOTICES A. A notice shall be deemed sufficiently served: i. on Carey Hall if forwarded by certified post or left addressed to it at its address shown in this Agreement, and acknowledged in either case as received by a duly authorized staff member of Carey Hall; ii. on the Resident if forwarded to the Resident s mailbox at Carey Centre, or at an alternative address furnished by the Resident to Carey Hall for such purposes. B. In the case of service by mailbox delivery at Carey Centre or post, the Resident shall be deemed to have been served two (2) clear business days after posting. Carey Centre Student Residency Agreement Page 6

8 7. THINGS TO BE DONE TO GIVE EFFECT TO THIS AGREEMENT The parties hereto agree that they will sign, execute and do all such further documents, acts, matters and things as shall be necessary to give effect to this agreement. Alterations to this Agreement may only be made by authorized representatives of Carey Hall, in writing. 8. PERSONAL REPRESENTATIVES This Agreement shall be binding upon the legal personal representatives of the Resident. 9. GOVERNING LAW This Agreement shall be governed by the laws of British Columbia. The Residential Tenancy Act (BC) as amended does not apply to this Agreement. 10. DEFINITIONS Unless the contrary intention is apparent from the context: A. For clarification, common areas are those areas set aside by Carey Hall for the common use and enjoyment of the residents of Carey Centre and the staff, students and visitors of Carey Theological College, Carey Institute and Carey Centre, during such times as Carey Hall, in its discretion, makes such areas accessible. Study rooms and student lounges will always be made available for the Resident s use, subject to prudent building management by Carey Hall. B. Carey Hall management means the Vice President of Operations or other staff member appointed from time to time by Carey Hall to assist with the management of Carey Centre. 11. RULES OF CAREY CENTRE AND RESIDENT S HANDBOOK The Rules of Carey Centre and the Resident s Handbook as in force from time to time are an integral part of this Agreement. Carey Hall reserves the right to amend or change rules in effect from time to time and the Resident agrees to abide by the rules Carey Hall sets. The parties mutually agree that such a system of rules provides Carey Centre with optimal management and resident, staff and public relations, in the best interests of both parties. If disagreement appears between this Agreement and the Rules or Resident s Handbook of Carey Centre, the terms of this Agreement shall prevail. 12. PRIVACY OF INFORMATION Personal information possessed by Carey Hall about the Resident will not generally be released to any party without the Resident s express consent, unless permitted or required by law. The Resident hereby grants Carey Hall discretion to judge whether the Resident may be injured, ill or a danger or a threat to themselves or others, to an extent that third parties should be contacted and provided with vital information about the Resident. Carey Centre Student Residency Agreement Page 7

9 SCHEDULE A: ADMINSITRATIVE CHECKLIST FOR STUDENT RESIDENCY AGREEMENT This checklist contains information considered helpful to Carey Hall in maintaining an efficient and safe student residence program. No obligation to provide unusual or exceptional service or care to the Resident is to be implied by the provision and recording of this information, but Carey Hall will apply its best efforts to using this information in accommodating the Resident. The Resident should fill in all relevant information and submit this schedule along with their signed Student Residency Agreement, on the Date of Occupancy. Resident Date of Occupancy Unit assigned Parking Stall assigned Special dietary concerns? Special medical concerns? Emergency contact(s) (name, address and phone #) 1. Relationship: 2. Relationship: Carey Centre Student Residency Agreement Page 8

10 SCHEDULE B: UNIT CONDITION CHECKLIST FOR STUDENT RESIDENCY AGREEMENT Premises Carey Centre, 5920 Iona Drive, Vancouver, BC V6T 1J6 Operator Carey Hall (address as above) Resident Date of Occupancy Unit assigned # INCOMING INSPECTION OUTGOING INSPECTION Dated by (Carey representative) ENTRY Dated by (Carey representative) ENTRY WALLS WALLS WINDOWS WINDOWS FLOORS FLOORS BATHROOM BATHROOM CLOSETS FURNITURE & OTHER CLOSETS FURNITURE & OTHER I, Resident s Signature Agree that this report fairly represents the condition of the Unit. Do not agree that this report fairly represents the condition of the Unit, for the following reasons: I, Resident s Signature Agree that this report fairly represents the condition of the Unit. Do not agree that this report fairly represents the condition of the Unit, for the following reasons: Date Provided Date Returned DAMAGE ASSESSMENT DATE: Prox Card # AGREED TO BY RESIDENT: Bike Tag # Mail Box Key AMOUNT PAYABLE FROM SECURITY DEPOSIT: Desk Key Other Key Carey Centre Student Residency Agreement Page 9

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