RESIDENTIAL LICENSE AGREEMENT

RESIDENTIAL LICENSE AGREEMENT
All students and parents/guardians are required to review the detailed terms of the Residential License Agreement. The parent
or legal guardian, as well as the student applicant, must provide signature acknowledgement. The Agreement is legally binding
and obligates you for the entire academic year, fall and spring. Please review prior to completing the signature
acknowledgement.
Marymount California University Residence Life and University Housing
2014-2015 UNDERGRADUATE HOUSING LICENSE AGREEMENT
1.
ELIGIBILITY:
You must be a registered Marymount California University student and maintain such status to live in Marymount
Residential Life. Should such enrollment status change for any reason, student must petition the Director of
Residential Life and Student Conduct to remain in residence.
2.
DEFINITIONS: As used herein, the term:
a. “Academic year” means August 24, 2014 or the date you move in (whichever is earlier), through May 8, 2015.
b. “Spring only” means moving into a residence from January 11, 2015 through May 8, 2015.
c. “Room” means the accommodations assigned to you, including an apartment, if applicable.
d. “Occupancy” means accepting a specifically assigned room by officially checking into such room and accepting
the key for the entire term of the agreement.
e. “Residence(s)” includes and refers to residence hall townhomes and apartments operated by Marymount
California University. It does not include or refer to any other building/facility not operated by Residence Life at
the University.
f. “Resident Director” is a full-time professional staff member for Residential Life. They are responsible for the
management and daily operations of the Residential Program. They serve in a crisis responder capacity and live
in the residential areas.
g. “Community Assistant” is a trained peer leader who builds community to students living in Residential Life. They
assist with crisis management, administrative processes, programming for residents.
h. “Rent” means the license fee you are required to pay for your use of the room as set forth in this License
Agreement.
i.
“University” means Marymount California University.
j.
“2014-15 Undergraduate Housing License Agreement” means this Agreement and the terms, conditions, rules
and regulations set forth in the Student Code of Conduct and your Application, which are incorporated herein by
reference.
3.
NATURE AND TERM OF AGREEMENT:
a. The University retains possession of the Residence and the Room. This Agreement constitutes a license to use
the Residence and the Room, as assigned, for a specific purpose. This Agreement is not a lease to possess the
Residence or Room, or to transfer any interest in either to you.
b. This License Agreement becomes effective and binding upon your electronic signature in the submission of your
Residential Life application, agreement to its terms (if you are 18 or older at the time you submit the
agreement.)
c. Roommate, unit and hall requests will be considered but cannot be guaranteed. Failure to be assigned a
requested roommate, unit or hall is not a basis for cancellation of this Agreement. You will be responsible to
paying rent for the entire License term even if the room assigned to you is subsequently re-occupied.
d. This License Agreement is for the entire academic year (both Fall and Spring semesters) or Spring only. Except
in cases as outlined in Section 10, you are responsible for paying rent for the entire duration of the License
Agreement if you check out before its expiration but remain registered for classes at the University.
e. The residences will be closed and not accessible during the winter recess between Fall and Spring semesters
(after 7pm December 12, 2014 - 12pm on January 11, 2015). You must vacate your residence during this period
but may leave your personal belongings.
f. Holiday and Vacation Occupancy:
i.
The residences close during specified University vacation periods. These closures include Thanksgiving
break and Winter break. The residences are closed to residents, visitors and guests during breaks and
there is a daily cost of $50 for those approved to leave late, arrive early or stay during a break (no
student is allowed to stay during the Winter Break).
ii.
During spring break, the residences remain open; however, there are no visitors or guests allowed
during this time as resources are limited.
g. Summer and graduate student housing are not included in this License Agreement. Separate applications,
agreements and rates apply to summer and graduate student housing. Students interested in summer housing
or graduate students interested in housing should contact the Office of Residential Life for more information.
h.
i.
Residents who have summer session agreements may not take occupancy before the day prior to the first day of
summer classes and must vacate the premises by 5:00 p.m. on the day of their last exam.
All public laws of the state of California, or any political subdivision thereof, and of the United States are fully
incorporated by this reference to the extent that they are applicable and are made a part of this agreement
whether stated or not.
4.
TRANSFERABILITY:
This License Agreement is not transferable or assignable to another person. You may not sublicense any room to
anyone at any time.
5.
OFFICIAL COMMUNICATION:
a. Residence Life sends all official communication to the student.
b. Residence Life will send official correspondence to your University e-mail address.
OCCUPANCY:
a. Occupancy begins when you accept a key to your room. Only the student officially assigned and checked into a
specific room may occupy that room.
b. At the sole discretion of Residential Life, when necessary, you may be required to move to another room in order
to consolidate unassigned space.
c. If you are assigned to and occupy a disability-adapted room, you may be required to change rooms at any time in
the event that there is a need to accommodate a student with a disability.
d. Persons of the different sex shall not be permitted to be assigned to the same room or unit.
e. Residents may not change assignments or allow use by others of their assigned space without the authorization
of their Resident Director.
f. The University reserves the right to assign and reassign residents at any time.
g. Once assignments are e-mailed, no changes will be made until three weeks after the beginning of the term,
unless a gender based assignment error has been made.
h. If you fail to take occupancy by 7 PM on August 28, 2014 for the academic year or 7PM on January 15, 2015 for
Spring only, you will be considered a “no-show”, and your housing application and assignment will be canceled. If
you will be checking in later than the dates noted, you must notify the Residence Life office in writing (email,
letter) prior to the “no show” dates above.
i.
You are prohibited from using the room for any commercial purpose.
6.
7.
TWO YEAR RESIDENCY REQUIREMENT:
a. All first and second year students are required to live in residence unless they meet any of the following
exceptions:
i. 21 or older (must be 21 prior to the first day of classes to qualify)
ii. Living with parents or guardian (within 20 miles of 30800 Palos Verdes Dr. East Rancho Palos
Verdes, CA 90275-6299) (must provide documentation)
iii. Married, in a domestic partnership or living with a dependent child (must provide documentation)
iv. Current active or military or veteran’s status (must provide documentation)
v. Qualified for financial hardship
b. A student who meets one of the criteria listed above must request via e-mail to the Office of Student
Development if they wish to be released from the residency requirement.
c. Application available at http://www.marymountcalifornia.edu/res-life-faq-and-forms . Once a decision has been
made, you will be notified by Student Development Services Office with the outcome of your request.
8.
CONDUCT IN RESIDENCES:
a. You may only use the assigned room as permitted by the License Agreement and subject to the management
and control of the University. You are responsible for complying with all state and federal laws; the University
Student Code of Conduct; and the policies, rules and regulations of the University, including any subsequent
policies, rules or regulations the University adopts or publishes during the term of this License Agreement.
Failure to do so may result in a monetary sanction, administrative transfer to another residence or removal from
living in Residential Life.
b. If you are removed from a residence for conduct reasons during the Fall semester, you remain responsible for
the full fall semester rent. This applies regardless of whether or not you continue enrollment at the University. If
you are removed from a residence for reasons of conduct during the Spring semester, you remain responsible for
the full Spring semester rent, regardless of whether or not you continue enrollment at the University.
c. If you are removed/ evicted from any residence at any time, you will be ineligible to live in or visit any residence
owned and/or managed by the University in the future.
9.
RENT AND FINANCIAL REQUIREMENTS:
a.
b.
By taking occupancy of the room, you specifically agree to pay rent charges for the room for the entire term of
this Agreement, regardless of the amount of time you reside in the room. In accordance with section 3d, if you
check out of your assigned room any time before the end of the term of this Agreement, and remain registered
for classes at the University, you are financially obligated for rent through the end of the Spring semester.
Each semester’s rent will be charged to your University account and payment is due as follows: for the fall term,
by July 15, or at time of registration, whichever is earliest. For spring term, by December 1, or at time of
registration, whichever is earlier. The University Business Office provides an option for you to pay your semester
rent charge in four payments. Late fees will be assessed for late payments.
10. NON-EVICTION TERMINATION OF LICENSE AGREEMENT:
a. NOTE: This section does not apply if you have been evicted from the residence for conduct reasons.
b. A resident may request a release from the License Agreement for the following reasons and under the conditions
stated:
i.
Graduation
ii.
Leave of absence
iii.
Marriage
iv.
Medical reasons verified by the Student Health Center or Counseling Services
v.
Financial hardship verified by the Office of Financial Aid
vi.
All such releases are discretionary only and may be granted or withheld at the sole discretion of the
University
c. If you voluntarily withdraw from the University (are not registered for any credits), remain withdrawn for the full
2014-2015 academic term, and check out according to the required procedures for your residence, you will be
charged rent based on the dates of your occupancy plus a License Agreement release fee, according to the
following schedule:
If you live in residence during the Fall semester and check out:
You will pay:
8/24/14 through 09/12/14
Pro rated Fall rent + $500
09/13/14 through 10/10/14
Pro rated Fall rent + $450
10/11/14 through 11/14/14
Pro rated Fall rent + $400
11/15/14 through 12/12/14
Full Fall rent + $200
If you live in a residence during the Spring semester and check out:
You will pay:
1/11/15 through 2/20/15
Pro rated Fall rent + $500
2/21/15 through 3/20/15
Pro rated Fall rent + $450
3/21/15 through 4/21/15
Pro rated Fall rent + $400
4/22/14 through 5/09/15
Full Spring rent
d. If you withdraw during the Fall semester, but are readmitted and register for classes during the Spring semester,
your License Agreement remains in effect and you will be charged full academic year rent. If you would like to
return to residence for Spring term under these conditions, you must notify the Residential Life office in writing
(email, letter) of your intention by December 5, 2014.
e. If you are approved for release and check out according to the required procedures for your residence, you will
be charged rent based on the dates of your occupancy plus a License Agreement release fee, according to the
schedule listed above.
f. If you leave the University and check out pursuant to the required procedures from your residence by December
12, 2014 to attend an official University-approved program (internship, Study Abroad, National Student
Exchange or other student exchange program) that will 1) require you to reside outside of the Rancho Palos
Verdes/ San Pedro area during the Spring 2015 semester, or 2) result in you not being registered for Spring 2015
classes at the University, you will not be responsible for Spring semester rent and no License Agreement Release
Fee will be charged, provided you submit a copy of the official program document to the Office of Residential
Life and Student Conduct by December 12, 2014.
g. If you graduate from Marymount California University at the end of the Fall semester and check out pursuant to
the required procedures from your residence by December 12, 2014, you will not be responsible for Spring
semester rent and no License Agreement Release Fee will be charged.
11. DAMAGES, LOSSES AND FEES:
a. You are financially responsible for all damages to and losses of University property attributable to your act,
omission, neglect, or participation in any group activities.
b. You are responsible for removing your own personal trash and placing it in the designated outside receptacle.
You will be charged a fee of $50 for each bag/box of trash found in a community area of the residence that is
identified as yours.
c. In the event that damage charges cannot be attributed to a specific resident or a group of residents, such as
trash found or damages occurring in a community area of the residence, the charges will be divided equally
d.
e.
f.
among all non-staff residents of a residence or all members of the residential site as applicable. In addition, all
damage charges will include an 18% administrative fee.
Charges will be assessed to your University account for all keys (mailbox, unit entrance, room) that are lost or
not returned. Broken keys will be replaced at no charge provided you return the broken portion of the key
stamped with the key identification numbers.
Excessive lock-outs (resident is locked out of unit due to misplaced key and requires staff assistance to gain
entry) may result in disciplinary action.
Acts of vandalism and other criminal acts or conduct are subject to financial and disciplinary action, and to
prosecution by State and/ or local authorities.
12. CHECKING OUT:
a. When moving out of the residence, you must remove all personal belongings, clean and return your room to the
condition it was in when you moved in, return all keys and check out with a Community Assistant (CA) in
accordance with established check-out procedures for your residence.
b. If you fail to check out properly, you will be charged a $200 improper check-out fee, in addition to charges for
any damages and unreturned keys. You may be charged for clean-up and disposal of trash in, or damages done
to, your room or common area. If you fail to check out with a CA, you waive your right to be present as any
damages are identified and charges assessed.
c. You are expected to check out of the residence:
1. Within 24 hours after you complete your last final exam OR by 7:00pm on the Friday of finals week,
whichever comes first.
2. Within 24 hours after you withdraw from the University
d. If you fail to check out by the deadline(s) set forth above, the University will change the room lock(s), retake the
room, and take possession of any of your personal property found in the room and store it, at your expense, for
a period of 21 days. If you do not contact the Office of Residential Life and Student Conduct to reclaim the
property within the 21-day time period, the property will be considered abandoned and the University may
dispose of the property.
13. NON-DISCRIMINATION:
a. Marymount California University does not discriminate on the basis of race, color, national and/or ethnic origin,
sex, marital status, sexual orientation, disability, religion, veteran’s status or age in admission, employment or in
any of its policies, programs or activities.
b. If you require reasonable accommodation, please contact the Office of Residential Life.
14. THE UNIVERSITY RESERVES THE FOLLOWING RIGHTS:
a. To change or cancel residence or room requests and assignments at will or in the interest of order, discipline,
emergency, health, safety, welfare or other administrative reason.
b. For authorized personnel to enter and inspect rooms at any time to verify inventory records or occupancy; to
perform maintenance; to enforce safety, health and University Student Code of Conduct standards or during an
emergency.
c. To prohibit non-residents from being on the premises in the interest of order, or for discipline, emergency,
health, safety, welfare, or other administrative reason.
d. To permanently remove you from the residence for non-compliance with any of the terms and conditions of this
License Agreement.
e. To terminate this Agreement at any time if you fail to maintain your status as a student at Marymount California
University, fail to pay rent when due, or breach any of the other terms or conditions contained in this
Agreement.
f. To revise or amend this University License Agreement from time to time to meet administrative needs.
15. PERSONAL PROPRTY:
The University is not responsible for loss, theft or damage to your personal property and effects, or for the personal
property and effects of your guest. You should individually obtain insurance coverage for personal property and effects, if
desired.
16. ENTIRE AGREEMENT:
The provisions contained in this License Agreement constitute the entire agreement between the parties with respect to
the subject matter of this Agreement, and no prior or contemporaneous statement or inducement with respect to the
subject matter by either party or by any agent or representative of either party that is not contained in this Agreement
shall be valid or binding between the parties.
17. IMPROPER BUSINESS RELATIONSHIPS/CONFLICT OF INTEREST PROHIBITED:
In connection with this License Agreement, each party shall ensure that no improper, unethical, or illegal relationship, or
conflict of interest exists between, the University and any other party to this Agreement. The University reserves the right
to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide
whether or not this License Agreement shall be cancelled. Such cancellation shall be at no fault or liability whatsoever to
the University.
18. REMEDIES AND APPLICABLE LAW:
The License Agreement shall be governed by and construed in accordance with the laws of the State of California. The
University and party to this License Agreement shall have all remedies afforded each by said law. The venue in any action
or litigation commenced to enforce the Agreement shall be instituted in the appropriate courts in California.
19. FOODSERVICES:
a. All residents are required to participate in the University Board (meal) plan.
b. The Café is open Monday through Friday when classes are in session. Grab & Go and snack options are available
in the evenings at the San Pedro Residential Campus.
c. A board plan is not required for the summer terms.
d. If a student leaves housing, either voluntarily or as a result of disciplinary action, students are responsible for
their meal plan through the remainder of the semester (released in fall, responsible through the fall semester.)
e. Students with specific health concerns related to dining should contact Judith Hotchkiss in the Student Health
Center. Students with specific dietary needs should contact the General Manager for Dining.
POLICIES: Following are the most relevant residential policies. All policies can be found in the Anchor Handbook.
All students are required to abide by Marymount policies as listed on the website, in the Anchor Handbook and in their
License Agreement.
If a student is removed for disciplinary reason due to conduct sanctions, including disruptive behavior, does not relieve
the student (or parent or guardian if the student is under 18) from the financial obligations contained within this
Agreement. If a student is removed for conduct reasons, he/she will have no more than 24 hours to vacate the unit.
There will be no refund of residence fees.
1. Non-Marymount Visitors:
In order to provide a set time for sleeping and studying with minimal distraction or interruption, only the assigned
residents are allowed in their unit between midnight and 8:00 a.m. each day. Visitors are welcome in residences between
the hours of 8:00 a.m. and midnight daily. Visitors must have a valid state, government or picture I.D. to enter residential
sites. Guests will not be admitted to the site after 11:00 p.m. Guests are not allowed on site during finals week.
2. Marymount California University Visitors:
Marymount California University student visitors are welcome in residences between the hours of 8:00 and 1:00 a.m. daily.
University visitors must have a valid Marymount California University ID. They must sign in with Security and must sign out
by retrieving their ID, by 2:00 a.m.
Location:
MCU Students
Non-MCU visitors
Townhouses/Apartment units
8am – 12am
8am – 12am
Indoor Community Common Areas (Spot, Outtakes,
8am – 2am
8am – 12am
study lounge, study rooms, etc.)
3. Overnight Guests:
Overnight guests of the same gender are welcome, but must be registered no less than 24 hours in advance with the
Resident Director or a member of the Security Staff and their host must have consent from his/her roommate. An
overnight guest may stay no longer than two consecutive nights. Guests of the opposite gender are not allowed to remain
overnight. Each resident may have six one-night overnight passes per semester. Each guest may have six one-night
overnight passes per semester.
4. Quiet Hours:
House silence is to be observed from 10:00 p.m. to 8:00 a.m. daily to allow for periods of study and sleep. Residents are
expected to respect the rights of others to sleep and study. During specified exam periods, house silence is maintained 24
hours a day. Courtesy rules are to be observed at all times.
5. Musical Instruments and Amplified Sound:
Only those musical instruments and amplified music which cannot be heard outside an individual’s unit are acceptable.
Stereos are permitted if the volume is kept to a level that cannot be heard outside the unit.
6. Drug Free Environment:
a. Unauthorized or illegal possession, manufacture, attempted manufacture, distribution, transportation, use, sale,
odor, being in the presence of, having paraphernalia related to and making a gift of any prescription drug or
controlled substance, are prohibited on University-owned property, at University sponsored or –supervised
activities or at functions of recognized student organizations by residents or guests.
b. Misuse of prescription drugs is also a violation of this policy. Some currently legalized herbs are considered illicit
and are therefore prohibited.
c. The use of medicinal marijuana is prohibited. Drugs and drug paraphernalia found on students, guests or the
premises will be confiscated and destroyed. Medicinal Marijuana cards are not permitted.
7. Alcohol
a. Alcoholic beverages are not to be consumed, sold, distributed, manufactured, transported or possessed by a
Marymount student or guest on University-owned property, at University-sponsored or –supervised activities or
at functions of recognized student organizations regardless of age.
b. Having paraphernalia related to, and being in the presence of alcohol is also a violation of this policy. Students
may not come to campus or to any University-sponsored activity under the influence of alcohol. Alcohol and
alcohol paraphernalia found on students, guests or the premises will be confiscated and destroyed.
NOTE: Violations of the drug or alcohol policy may result in cancellation of this Agreement, with full responsibility
for fees to be maintained.
8. Smoking
Smoking is NOT permitted on any academic campus or inside any residential units. Students found smoking on campus
will be cited and fined. In compliance with University policy, smoking is only permitted on the back patios of residential
units. If students dispose of cigarette butts improperly, fines will be imposed and students may be referred to student
conduct.
9. Harassment:
Residents may not loiter, disturb, annoy, endanger, harass, intimidate or interfere with other students, faculty, staff or
neighbors at any time. Abusive language, threatening behavior, or hate crimes in any form will not be tolerated. Residents
are obligated to cooperate with Residential Life and Security staff at all times.
10. Lawful Use:
Residences and common areas shall not be used for any unlawful purpose, nor may residents violate any law or ordinance.
11. Common Areas:
Areas intended for the common use of students such as quiet study lounges, recreation areas, Outtakes snack shop,
vending machine areas, laundry room, pavilion, etc. are to be used respectfully. Damage or cleaning charges due to
negligence or misuse and for repairs and replacement of items in common areas will be charged to the responsible
person(s) or equally shared by all residents, when those responsible are not identified. These charges may be billed to your
account as “common area damages.”
12. Right of Entry and Search:
a. University personnel have the right to enter individual units:
i.
to make necessary repairs, alterations or improvements
ii.
to respond to an emergency or respond to an urgent problem in the unit
iii.
to respond to and search units based on reports of alleged policy violations
iv.
to check on the safety and/or health of a student
v.
during monthly Safety and Wellness Checks
13. Unit Condition Inventory:
Residents are responsible for examining all furnishings, fixtures, appliances, etc., and must record the condition of their
assigned space and its contents on a University-provided Unit Condition Form on the day of occupancy. Failure to do so
may subject the resident to financial responsibility for pre-existing damage. Any damaged or missing items not noted on
the unit condition form may be charged to the assigned resident(s).
14. Safety and Wellness Checks:
To properly maintain residential spaces and ensure a sanitary living environment, safety and wellness checks will be
performed by Residential Life staff monthly or as needed. Residents are expected to maintain their units and the areas
immediately outside their assigned spaces in a clean and safe condition at all times. Students who do not maintain a clean
unit may be fined or sanctioned.
15. Damage/Cleaning Charges:
Cost of required excessive cleaning, trash removal and repair to damage within residential spaces and building common
areas will be charged to occupants. In addition, an 18% administrative charge will be assessed. Failure to comply with
check-in/check-out procedure may result in charges being assessed for Improper Check-Out. Residents will be given the
opportunity to declare responsibility for specific damages. If no one takes responsibility, the damage costs will be divided
equally among all residents.
16. Walls, Ceilings and Windows:
Most units are constructed with radiant heat. Nothing may be nailed, pinned or glued to the ceiling. Residents may not
paint units. Personal air conditioners are not allowed. No signs, posters, placards or banners of any kind may be hung in
the windows. Damage charges will be assessed for any violations.
17. Firearms/Explosives/Weapons/Flammables:
Guns and/or weapons, including ammunition, BB guns, paintball guns, pellet guns, air soft guns, hunting and switchblade
knives, are not permitted in or around the residences. Gasoline and other combustibles are not to be stored in units or
garages. Possession and use of firecrackers or any other explosive is prohibited. Candles and open flame or open coil
devices are prohibited. Live Christmas trees are not allowed, nor are BBQ grills of any kind.
18. Care of Fire and Safety Equipment:
Tampering with or misuse of safety or fire emergency equipment shall result in appropriate disciplinary action by the
University which may include immediate removal from the University residences, cancellation of this agreement and
imposition of a fine.
19. Security:
Each resident is to properly use security doors, windows, locks and other safety features of the unit, building and garage.
Security doors are not to be propped open.
20. Keys:
Keys are not to be loaned to others or duplicated. Residents will be required to pay for lock changes if keys are lost or
stolen, or if keys are not returned at check out. A maximum $125 lock change fee will be charged for each lost bedroom or
front door key, $50 for each lost mailbox key.
21. Vehicle Searches:
In order to provide for the safety and security of our residential community, Marymount California University reserves the
right to perform searches on all vehicles entering our sites.
22. Athletic Activity:
Ball playing, skateboarding, and other athletic activities are not permitted inside Marymount residential units or inside any
of the common area spaces. All athletic activity must be conducted outside in a safe manner as determined by Residential
Life or Campus Safety & Security staff.
23. Solicitation:
Commercial soliciting, by residents or nonresidents, is forbidden, without the expressed approval of the Resident Director
of the building. Outside solicitors are to be reported to Residential Life or Campus Safety & Security staff immediately.
24. Pets:
Fish, in tanks not to exceed 20 gallons in volume, are the only pets permitted in residence.
25. Confiscation:
Any items that violate policy may be confiscated and destroyed.
26. Utilities:
Utility costs are included in the rent. Any problems with utilities should be reported to a Community Assistant or Resident
Director or directly to Environmental Services or by submitting an e-mail work request to
[email protected]
27. Phone Service:
House phones are located in the kitchen of each unit. All students within the unit share this phone. Local and long distance
calls may be placed with a prepaid or calling card. 911 emergency services as well as calls to other residences and the
campus may be made free of charge. The campus voicemail system may also be accessed from these phones.
28. Financial Policies and Fees:
a. Application – A $150 non-refundable application/processing fee is to accompany each Application to live in
Residence Life.
b. The parent or legal guardian, as well as the student applicant, must sign the Residential License Agreement and
is bound by all terms contained herein and becomes jointly and severally liable for the financial obligations
contained in this Agreement.
c. Disciplinary Fines - Residents who violate Residential Life or University policy may be subject to fines. Unpaid
fines will result in a hold being placed on the student’s University records, which means official transcripts will be
unavailable until fines are paid.
d. These policies and fees are subject to revision from time to time, based on changing needs and situations.
Amendments will be published in the Anchor.