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UHS 2014-15 Student Housing License Agreement

Terms & Conditions

1. Occupancy

(Please Note: All dates are based on the tentative Academic Calendar 2013-2014)

Summer Quarter Session A (1st Five Weeks): University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Sunday, July 27, 2014 and ending at 5:00PM on Wednesday, July 30, 2014, unless previously terminated under the provisions of this License Agreement

Summer Quarter Session B (10 Weeks): University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Sunday, June 22, 2014 and ending at 5:00PM on Friday, September 5, 2014, unless previously terminated under the provisions of this License Agreement.

Summer Quarter Session C (2nd Five Weeks):University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Tuesday, July 27, 2014, and ending at 5:00PM on Friday, September 5, 2014, unless previously terminated under the provisions of this License Agreement.

1.2 Year Round: University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Sunday, June 22, 2014 and ending at 5:00PM on Friday, June 12, 2015, unless previously terminated under the provisions of this License Agreement.

1.3 Academic Year:University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Wednesday, September 24, 2014, and ending at 5:00PM on Friday, June 12, 2015, unless previously terminated under the provisions of this License Agreement.

1.4 Winter and Spring Quarters: University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Sunday, January 4, 2015 and ending at 5:00PM on Friday, June 12, 2015, unless previously terminated under the provisions of this License Agreement.

1.5 Spring Quarter: University hereby grants Licensee permission to occupy a bed space within the housing facilities as a Licensee for the term beginning Monday, March 30, 2015 and ending at 5:00PM on Friday, June 12, 2015, unless previously terminated under the provisions of this License Agreement.

1.6 Specific assignment of a bed space shall be made by the University at the time of occupancy, and may be changed from time to time in the interest of health, discipline, vacations, recesses, management, and/or general welfare of Licensee(s). Failure of Licensee to move in prior to 10:00PM of the day before classes commence, may constitute cancellation of the License Agreement with penalties, and conditions of Section 5 of the License Agreement will apply.

1.7 Licensee may remain in the assigned space during the following periods: Winter Break: Saturday, December 13, 2014, through Sunday, January 4, 2015, provided Licensee is licensed for the following Quarter; and Spring Break: Saturday, March 21, 2015 through Monday, March 30, 2015, provided Licensee is licensed for the following Quarter. University will reserve the right to close during Winter Break and Spring Break with 30 days’ notice to Licensee .

1.8 University Housing Services collects the meal plan money on behalf of the Cal Poly Pomona Foundation, Inc., who is the contractor/provider of these services. Meal plans begin with dinner on Thursday, September 25, 2014 for the Fall Quarter. For the Winter Quarter, meal plans begin on Monday, January 5, 2015. For the Spring Quarter, meal plans begin on Monday, March 30, 2015. Meal plans end with dinner on Friday, June 12, 2015, unless previously terminated under the provisions of the License Agreement. The summer meal plans for: Session A begin with breakfast on Monday, June 23, 2014 and end with dinner on Wednesday, July 30, 2014; Session B begin with breakfast on Monday, June 23, 2014 and end with dinner on Friday, September 6, 2014; Session C begin with breakfast on Wednesday, July 31, 2014 and end with dinner on Friday, September 5, 2014, unless previously terminated under the provisions of the License Agreement. Specific details of the meal plans are contained online in the License Agreement Policies and Regulations.

1.9 Priority for housing will be given to Cal Poly Pomona students. University reserves the right to house others on a space available basis.

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2. Enhancement of Educational Experience

2.1 University maintains a professional staff to work with students to develop a community concept within the housing facility to enhance Licensee’s educational experience at the University.  University shall establish guidelines for facilitating resident’s input into the governance of the housing facility.  The facility shall be operated to enhance the educational, social, and recreational opportunities available to Licensees.

2.2 Licensee agrees to recognize the importance of maintaining the housing facility as an environment within which it is conducive for fellow students to study, live and sleep.  Licensee agrees to not disturb this environment.

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3. Terms and Conditions

3.1 The use of housing facilities is subject to Articles 5 and 6 of Subchapter 5 of Chapter 1 of Part V (Sections 42000 through 42103) of Title 5 of the California Code of Regulations. A copy of those regulations is available at University Housing Services during normal business hours.

3.2 Licensee agrees to comply with the housing facility Policies and Regulations and Community Guidelines which are included as part of this Agreement, and any subsequent amendments.

3.3 Licensee shall not assign or sublet this License Agreement.

3.4 It is understood and agreed by Licensee that no lease or any other interest in real property is created by this Agreement.

3.5 University assumes no responsibility for any property of Licensee which is stolen, damaged, or destroyed in the housing facility at any time, including but not limited to periods when Licensee is not in occupancy or after the term of the occupancy has expired.

3.6 Licensee must comply with the University’s immunization policies for measles, rubella, and hepatitis B as outlined in the University Catalog and Orientation materials.  Licensee’s immunization record must be on file in the University Student Health Center in accordance with University policies. Proof of this may be required by University Housing Services.

3.7 Licensee must be enrolled in a minimum of six (6) units for each academic term.  The University, in its sole discretion, may permit Licensee to license student housing for no more than one of the four academic quarters during an academic year without being enrolled.  Typically, this is limited to the summer quarter.

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4. Maintenance of Premises

4.1 University shall provide Licensee with the furnishings and Licensee will maintain them in the condition noted on the Room Inventory Form. Licensee agrees to give reasonable care to his/her living unit and its furnishings and to make payment for any damage or loss promptly upon demand by University.  In the event Licensee fails to maintain the living unit in good order and repair, Licensee shall pay University the reasonable costs incurred in returning the living unit to a condition of good order and repair. As a part of such reimbursement, Licensee’s security deposit, or a portion thereof, may be expended for the purpose of payment of such costs.

4.2 Licensee shall make no alteration to the housing facility without the permission of University.  Any structural addition or alteration is prohibited without written permission of University.

4.3 Licensee shall not possess any firearm, ammunition, fireworks, explosives, highly flammable material, dangerous weapons or any other material or instrument which poses an unreasonable risk of damage or injury.

4.4 Licensee agrees to obey the directives of the State of California concerning energy conservation; as a result of such directive, air conditioning is not guaranteed and other utilities may be limited.

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5. Cancellation by Licensee Prior to Occupancy

5.1 Licensee may cancel a reservation for a space in the facility by giving written notice to University at least 30 days prior to the beginning of the occupancy period.

5.2 Licensee’s written request to cancel a reservation less than 30 days prior to the beginning of the occupancy period shall include Licensee’s statement of reasons.  University may, in its sole discretion, grant or deny the request and may require Licensee to provide appropriate verification of reasons supporting the request for the cancellation of the License. The University may grant the request and assess Licensee pro rata charges if a replacement Licensee acceptable to the University is found. The conditions which most frequently have resulted in University agreeing to cancel of the License are (a) end of Licensee’s student status; (b) marriage (c) extreme hardship.

5.3 University may require the following cancellation terms:

5.3.1. For Licensee who does not enroll at Cal Poly Pomona, a pro rata charge will be assessed for each day beyond the commencement of the occupancy period for which the 30-day notice overlaps, plus non-refundable fees.

5.3.2. For Licensee remaining enrolled at Cal Poly Pomona, charges will be assessed as follows: If the University grants the request to cancel the License, a pro rata charge will be assessed for each day beyond the commencement of the occupancy period for which the 30-day notice overlaps, plus nonrefundable fees. If the University denies the request to cancel the License, Licensee will be assessed charges for the full occupancy period plus non refundable fees.

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6. Cancellation After Occupancy

6.1. Any Licensee who requests to cancel this License after occupancy of the facility shall give the University at least thirty (30) days written notice of intention to cancel and the reason therefore.  University in its sole discretion may grant or deny request to cancel and may consider the following factors, with appropriate verification: (1) end of Licensee’s student status; (2) marriage; (3) extreme hardship.

6.2 For Licensees who withdraw from the University, the University’s grant of the request to cancel this License Agreement will result in an assessment of a thirty (30) day charge starting from the date Licensee vacates the facility.

6.3 For Licensees who remain enrolled at the University, the University’s grant of the request to cancel this License Agreement will be reviewed and assessed a thirty (30) day charge starting from the date Licensee vacates the facility.  If the University denies Licensee’s request to cancel this License Agreement, Licensee will be assessed charges for the full occupancy period plus nonrefundable fees.  In either case, charges will be prorated if a replacement Licensee acceptable to University is found.

6.4 Cancellation of this License Agreement, eviction of Licensee, or the abandonment of the License by Licensee shall not release Licensee from the obligation to pay any charges payable under this License Agreement.

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7. Revocation of License Agreement

7.1. University may revoke this License Agreement and assess, in its sole discretion, Licensee for rent charges for the full occupancy period plus nonrefundable fees upon the occurrence of any of the following:

7.1.1. In event of misconduct listed in Section 41301, Title 5, California Code of Regulations; or

7.1.2. Licensee’s abandonment of the facility; or

7.1.3. Licensee’s breach of any term or condition of this License Agreement, including failure to abide by University Housing Services Policies and Regulations, and Community Guidelines stated in this License Agreement, including but not limited to failure to pay required fees in a timely manner.  If Licensee fails to pay fees and University is required to initiate procedures to remove Licensee from housing, in addition to other rights, University may remove Licensee from the housing facility even if Licensee pays past due fees.  The acceptance of past due fees shall not constitute as a waiver by University of its right to revoke this License Agreement and evict Licensee for Licensee’s failure to make timely payment or for other breach of terms of this License Agreement.

7.2. University may revoke this License Agreement and assess the Licensee an amount equal to pro rata charge for each day beyond the commencement of the occupancy period for any of the following reasons:

7.2.1. Administrative necessity of University.  Administrative necessity exists when any condition, not reasonably foreseen at the time of signing by University, occurs that prevents University from making a housing facility available to Licensee.  Such conditions include, but are not limited to, unfinished construction of new facilities, damage caused by natural disaster or vandalism, a drop in the usual rate of cancellation resulting in an over booking of the facility.

7.2.2. Licensee’s academic dismissal from the University

7.2.3. Licensee’s failure to maintain minimum student enrollment requirements as stated in section 3.7.

7.3 University shall provide Licensee not less than three (3) days written notice in the event of an occurrence described in subsection 7.1, 7.1.1, 7.1.2, and 7.1.3, and not less than fourteen (14) days written notice in event of an occurrence in subsection 7.2, 7.2.1, 7.2.2 and 7.2.3 except in cases of emergency.

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8.  Abandonment or Cancellation of License Agreement by Licensee

Except as permitted in Section 5 or 6, cancellation of this License Agreement or abandonment of the premises by Licensee shall not release Licensee from the obligation to pay any amount due University under this License Agreement for so long as University does not revoke Licensee’s right to possession.

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9. Destruction or Unavailability

In the event that a bed space is destroyed or becomes unavailable as the result of conditions not reasonably foreseen at the time this License Agreement (but not as a result of conditions caused by Licensee) is entered into, Licensee shall be entitled to a pro rata refund of any fees applicable to periods after Licensee was required to vacate.  Such conditions include, but are not limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder, compliance with state or federal law; interruption of basic services because of labor strife; and a drop in the rate of cancellations not reasonably foreseen by University if such a drop results in an overbooking of available housing facilities.

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10. Refunds

University shall authorize refunds only as provided in Title 5 of the California Code of Regulations or this License Agreement.

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11. Vacating the Housing Facility

Licensee shall vacate the housing facility at the expiration of the License period or upon cancellation or revocation of this License Agreement, whichever occurs first.

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12. Default of Licensee

Failure of Licensee to satisfy the financial obligations of this License Agreement may at the discretion of University, result in the following:

12.1 Assessment of late fee as stated in the cost tables.

12.2 Suspension of meal service without compensation for missed meals.

12.3 Revocation of the License Agreement.

12.4 Eviction.

12.5 Withholding of University services pursuant to Section 42380, et seq., of Title 5, California Code of Regulations. This includes, but is not limited to, withholding official transcripts, and denial of registration.

12.6 Offset of paychecks, loans, grants or scholarships payable through University, or tax refunds through the CA Franchise Tax Board.

12.7 Notification of default to credit bureau organizations.

12.8 Payment of collection costs incurred by University, its agents, contractors, and assigns in the collection of the delinquent obligation.

12.9 Legal action to collect unpaid obligations.

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13. Consent of Release of Information

By signing the License Agreement, Licensee consents to the release of information from Licensee’s student educational records to non-University parties such as credit bureaus, credit gathering organizations, skip tracers, billing agencies, collection agencies, legal counsel, parents, and employees which may, in the judgment of University, be necessary or helpful in the collection of delinquent obligation arising out of the License Agreement.

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14. Right of Entry

University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose.  University shall exercise these rights reasonably and with respect for Licensee’s right to be free from unreasonable searches and intrusions into study or privacy.  During break periods, repairs and/or construction projects may be necessary.  University will notify Licensee in advance of projects requiring entry into Licensee’s room, whenever possible.  Licensee will be responsible for safeguarding his/her belongings.

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15. Insurance

15.1. University has no insurance to cover personal or property damage.  Therefore, University highly recommends that Licensee obtain renters or similar insurance policy.

15.2. University does not maintain individual or group health and accident insurance. University highly recommends that Licensee obtain health and accident insurance.

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16. Visitors and Guest

Licensee shall permit no visitors or guests to enter University housing facilities except as permitted in Policies and Regulations, and Community Guidelines of this License Agreement.

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17. Non Waiver

The waiver of any breach of a term or condition of this License Agreement shall not constitute a waiver of any subsequent breach.

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18. Taxable Possessory Interest

It is the position of University that this License Agreement does not create a taxable possessory interest in real property.  However, pursuant to Revenue and Taxation Code Section 107.6, Licensee is hereby notified that a taxing authority may take a contrary view and may assess License Agreement.

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