Sherman Street CRC McCarty House Member Contract

Transcription

1 Sherman Street CRC McCarty House Member Contract House Lease THIS AGREEMENT is made and entered into on September 1, 2018, between Sherman Street Christian Reformed Church (SSCRC) and (hereinafter referred to as "Member ). For and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: TERM. The contract shall commence on September 1, 2018 and shall continue as a lease for term. The termination date is August 31, Upon termination date, Member is required to vacate the premises unless SSCRC and Member formally extend their involvement with the McCarty House for an additional term of service. The Member may request early termination of this lease with at least one month s written notice and will incur a fee of one month s rent and forfeiture of the security deposit. RENT. Member shall pay to SSCRC the sum of $250 per month as Rent for the Term of the Agreement (of this amount, $25 per month per member will be available for members to use towards external community building). Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. Rent payments are to be delivered to the Property Manager. Delinquent Rent. If not paid on the 1st, Rent shall be considered overdue and delinquent on the 3rd day of each calendar month. If Member fails to timely pay any month s rent, Member will pay SSCRC a late charge of $15/month. Failure to pay rent may result in termination of this lease. Returned Checks. In the event that any payment by Member is returned for insufficient funds ("NSF") or if Member stops payment, Member will pay $30 to SSCRC for each such check, plus late charges, as described above, until SSCRC has received payment. Furthermore, SSCRC may require in writing that Member pay all future Rent payments by cash, money order, or cashier's check. Order in which funds are applied. SSCRC will apply all funds received from Member first to any non- rent obligations of Member including late charges, returned check charges, charge- backs for repairs, brokerage fees, and periodic utilities, then to rent, regardless of any notations on a check. SECURITY DEPOSIT. Upon execution of this agreement, Member shall provide SSCRC the sum of $175, receipt of which is hereby acknowledged by SSCRC, as security for any damage caused to the premises during the term hereof. SSCRC may place the security deposit in an interest bearing account and any interest earned will be paid to SSCRC or SSCRC s representative. REFUND. Upon termination of the tenancy, all funds held by the SSCRC as security deposit may be applied to the payment of accrued rent and the amount of damages that the SSCRC has suffered by reason of the member's noncompliance with the terms of this contract or with any and all laws, ordinances, rules and orders of any and all governmental or quasi- governmental authorities affecting the cleanliness, use, occupancy, and preservation of the premises.

2 DEDUCTIONS. SSCRC may deduct reasonable charges from the security deposit for: Unpaid or accelerated rent; Late charges; Unpaid utilities; Costs of cleaning, deodorizing, and repairing the Property and its contents for which Member is responsible; Pet violation charges; Replacing unreturned keys, or other security devices; The removal of unauthorized locks or fixtures installed by Member; Packing, removing, and storing abandoned property; Removing abandoned or illegally parked vehicles; Other items Member is responsible to pay under this Lease. If deductions exceed the security deposit, Member will pay to SSCRC the excess within 10 days after SSCRC makes written demand. USE OF PREMISES. The Premises shall be used and occupied solely by Members of the McCarty House. Member shall not allow any other person, other than Member's immediate family or transient relatives and friends who are guests of Member, to use or occupy the Premises without first obtaining SSCRC's written consent to such use. CONDITION OF PREMISES. Member stipulates, represents and warrants that Member has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and habitable condition. ASSIGNMENT AND SUB- LETTING. Member shall not assign this Agreement, or sub- let, or grant any license to use the Premises. ALTERATIONS. Member shall make no alterations to the buildings or improvements on the Premises without the prior written consent of SSCRC. HAZARDOUS MATERIALS. Member shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. UTILITIES. SSCRC is responsible for providing electricity, gas, water, and local telephone service. Members should be considerate of their usage of utilities. MAINTENANCE, REPAIR, AND RULES. Member will, at its sole expense, keep and maintain the Premises in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Member shall: Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; Be responsible for all snow removal from walkways and public sidewalk

3 Not obstruct or cover the windows or doors; Not leave windows or doors in an open position during any inclement weather; Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of SSCRC; Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Member shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Member; Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Member, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between SSCRC and Member up to the time of such injury or destruction of the Premises, Member paying rentals up to such date and SSCRC refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, SSCRC shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that SSCRC exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by SSCRC as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. ACCESS BY SSCRC. SSCRC and SSCRC's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Agreement, and any renewal thereof, to enter the Premises for the following purposes: Inspect the Property for condition; Make repairs; Show the Property to prospective members, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; Leave written notice. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Member shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. SMOKING. No smoking inside the house by residents or guests. Member is responsible and liable for any damage or required cleaning to the Property caused by any unauthorized smoking. ALCOHOL: House Members agree to practice responsible moderation with regard to alcohol, including no alcohol consumption while any minors are in the house. The members are encouraged to come to a more specific agreement in their covenant. ANIMALS. Member shall not permit any animal, including mammals, reptiles, birds, fish, rodents, or insects within the house, unless otherwise agreed by a separate written Pet Agreement. If member

4 violates the pet restrictions of this Lease, Member will pay to SSCRC a fee of $20 per day, for each day Member violates the animal restrictions as additional rent for any unauthorized animal. SSCRC may remove or cause to be removed any unauthorized animal and deliver it to appropriate local authorities by providing at least 24- hour written notice to Member of SSCRC s intention to remove the unauthorized animal. SSCRC will not be liable for any harm, injury, death, or sickness to any unauthorized animal. Member is responsible and liable for any damage or required cleaning to the Property caused by any unauthorized animal and for all costs SSCRC may incur in removing or causing any unauthorized animal to be removed. INSURANCE: Member s individual possessions are not covered under the House s insurance. Members must provide their own renter s insurance to cover their possessions and list Sherman Street CRC as an additional insured.. A copy of the member s renter s insurance policy must be provided at the signing of this lease. INDEMNIFICATION. SSCRC shall not be liable for any damage or injury of or to the Member, Member's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Member hereby agrees to indemnify, defend and hold SSCRC harmless from any and all claims or assertions of every kind and nature. DEFAULT. If SSCRC breaches this Lease, Member may seek any relief provided by law. If Member fails to comply with any of the material provisions of this Agreement, other than the agreement to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by SSCRC, or materially fails to comply with any duties imposed on Member by statute, within seven (7) days after delivery of written notice by SSCRC specifying the non- compliance and indicating the intention of SSCRC to terminate the Lease by reason thereof, SSCRC may terminate this Agreement. If Member fails to pay rent when due and the default continues for seven (7) days thereafter, SSCRC may, at SSCRC's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to SSCRC at law or in equity or may immediately terminate this Agreement. ATTORNEYS' FEES. Should it become necessary for SSCRC to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Member agrees to pay all expenses so incurred, including a reasonable attorneys' fee. NOTICE. Any notice required or permitted under this Lease or under state law shall be delivered to Member at the Property address, and to SSCRC at the following address: 1000 Sherman St. SE, Grand Rapids, MI LEAD- BASED PAINT DISCLOSURE. Since the premises were constructed prior to 1978, Member acknowledges receipt of the form entitled LEAD- BASED PAINT DISCLOSURE which contains disclosure of information on lead- based paint and/or lead- based paint hazards. INVENTORY CHECKLIST. SSCRC is required by Michigan law (MCLA ) to use inventory checklists both at the beginning and end of Member's Lease Term which detail the condition of the Premises for which a security deposit is required. Member needs to complete the inventory checklist SSCRC provides when Member takes possession of the Premises. The inventory checklist

5 will contain the following statement: NOTICE: You should complete the checklist, noting the condition of the Apartment, and return it to us within seven (7) days after you move in. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior Residents. CHANGES IN RULE AND REGULATIONS. In accordance with Michigan Law (MCLA ), SSCRC will not change any Rules and Regulations without Member's written consent, except after 30 days notice and in one of the following circumstances: (i) changes required by federal, state or local law or rule or regulation; (ii) changes in rules related to the property that are required to protect the physical health, safety or peaceful enjoyment of members and guests; or (iii) changes in the amount of rental payments to cover additional costs in operating the rental premises incurred by us because of increases in property taxes, charges for electricity, heating fuel, water, or sanitary sewer services consumed at the property, or increases in premiums paid for liability, fire, or worker compensation insurance. TRUTH IN RENTING ACT NOTICE. The following notice is required by Michigan law (MCLA ): NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. House Expectations MENTORSHIP: A house mentor or mentors will serve the house members and the church in the following ways: Help the members to establish a covenant toward the beginning of the year, establish a relationship with the house members and facilitate regular conversations related to the members experiences of living in intentional community and in the Baxter neighborhood, provide encouragement and support to members in their investment in the house and neighborhood, encourage collaboration and connections between house members and Sherman Street CRC, attend McCarty House committee meetings and provide updates as needed. COVENANT: Community Members are responsible for developing a covenant in conjunction with the house mentor covering life within the house. Members are committed to living within the guidelines of the Covenant. Failure to live within the guidelines of the Covenant could result in a member s dismissal from the house. INVESTMENT: House members must demonstrate an investment in forming relationships with each other through weekly house meetings in order to know and encourage one another and to foster accountability. They must also demonstrate investment in the neighborhood in the form of volunteer service, learning, and/or relationship building. House members will be asked to commit to specific engagement opportunities every six months (September - February and March- August). A list of ideas is attached. House members may also come up with an engagement opportunity of their own, as approved by the house mentors. These engagement opportunities are intended to be ways for house members to commit to being an intentional part of the neighborhood community as well as an intentional bridge between the church and the neighborhood. Mentors will record the engagement opportunities selected by each member and will request regular updates on each member s selected engagement opportunities. The covenant building process will serve as a way,

6 each year, of helping house members create a common vision as to what each of these areas of investment will look like. SAFE CHURCH: Members are required to read the Sherman Street CRC safe church policy and fill out a volunteer profile, even if not involved specifically in additional church ministries. The regulations and mandates of the Safe Church Policy apply for residents and visitors to the McCarty House as well. Violations of Safe Church Policy are grounds for dismissal from the house. CHURCH ATTENDANCE: Membership or regular participation in the worshipping body of Sherman Street CRC is preferable but not required. Sherman Street CRC seeks to form a connection with the house members to share insights, knowledge, and opportunities for growth and service and asks that house members commit to connecting with the church in ways that support this (e.g. making ministry updates to the congregation, attending church potlucks, etc.). NEIGHBORS: Because of the nature of the house, Members are representatives of Christ and the church to neighbors and in the greater community. Members will work to develop positive relationships with neighbors. If Members receive any financial requests from individuals in the greater community, the individuals should be referred to the church. TERMS OF DISMISSAL: House members found in violation of the lease or house expectations be dismissed from the house. Minor violations may be handled directly by the House Mentor with input from the SSCRC McCarty House Committee and may result in payment (for damages) or additional restrictions. Continued minor violations or major violations will be handled by the Community Mentor in conjunction with the SSCRC McCarty House Committee and can result in dismissal from the house. Signatures SSCRC Representative Sign: Print: Date: Member of McCarty House Sign: Print: Date: