MEMORANDUM OF UNDERSTANDING

COLORADOSCHOOL OF MINESANDCSM OWNED GREEK HOUSES

2011 – 2012

  1. Effect of MOU: This Memorandum of Understanding (“MOU”) is not intended to be a binding legal contract, but rather a statement of general principles agreed upon by the parties regarding the operation of the CSM owned Greek Houses (Chapter) on the CSM campus.
  1. Term: This MOU shall be open-ended in duration, but it may be terminated by either party after providing the other party with advance written notice of its intention to terminate at least one year prior to the intended date of termination. Additionally, either party may initiate a renegotiation of any specific term or provision contained herein upon the provision of reasonable notice of its desire to renegotiate to the other party. Upon being notified of a desire for renegotiation, the other party will engage in good faith discussions to attempt to resolve the renegotiating party’s concerns.
  1. Individual Housing Contract: Each student member living in the house will contract with the Colorado School of Mines Student Life Office for a room tenancy on a Colorado School of MinesGreek Housing Contract. The student will be assessed rent by the Colorado School of Mines as part of the student’s institutional financial charges.
  1. Rent: Base rent, which shall be calculated at an annual rate and assessed in two equal installments at the start of each semester, will be based on an amount derived by calculating design occupancy times a specific room rate. An amount for each occupant will be calculated at the average rate for comparable rooms at CSM. It is understood that these rates will be subject to annual adjustments in accordance with the CSM budget and fee adjustment process. Proposed adjustments will be shared with the Chapter Advisors prior to presentation to the Board of Trustees for approval. The rent collected will cover bond obligation, repair and replacements costs, building and grounds maintenance, administration of laundry machines, and all utilities including basic cable and phone service. Upgrades to phone and cable television are at student’s expense.
  1. Security Deposit: A Security Deposit of $100 will be assessed to each occupant by the Student Life Office. This deposit will be collected with the housing contract and held by the Colorado School of Mines. The deposit will be refunded (minus any debt obligation) within 30 days of vacating the premises.
  1. Base Amount Rent Payment: The BASE AMOUNT is defined as the revenue generated when at least 90% of the beds are full. The 90 percent amount is indicated below:

Alpha Phi – 19 / 21

Pi Beta Phi – 19 / 21

Sigma Kappa – 19 / 21

Phi Gamma Delta (FIJI) –23 / 25

  • The chapters are required to begin the fall semester with at least 90 occupancy. If a chapter does not reach the 90 capacity, it may be held financially responsible for the BASE AMOUNT for the unoccupied spaces.
  • If occupancy of the house drops below the number required by the School to generate the funds needed to meet all required financial obligations associated with the house (bond payment, repair and replacement costs, maintenance and grounds, utilities and applicable taxes) throughout the school year, the School reserves the right to assign non-Greek members to available spaces or hold the chapter financially responsible.
  • Before this clause is invoked,the Chapter has the option to make full BASE AMOUNT rent payment in lieu of the School placing non-Greek members in the house.
  • The School can require the chapters to be at full capacity or finically responsible for the amount if deemed necessary to cover expenses of the chapter houses.
  1. Fall Only Contracts:Chapters agree to full obligation to fill unoccupied spots or financial responsibility when approving Fall only housing contracts or study aboard exemptions.
  1. BlasterCard Key System: Sorority chapter members agree to comply with the policies and regulations of the BlasterCard system in place of exterior door keys. It is the resident’s responsibility to report missing, lost or stolen cards immediately to the Chapter and / or Greek Advisor. Chapters shall provide lists of those who need access at the beginning of each fall, spring and summer semesters. Advisor cards shall be checked out through the Greek Advisor and remain active for two years or until the end of the advisor’s service period.
  1. Insurance: The School shall be responsible for all premiums for fire and casualty insurance. However, each Chapter shall be responsible for premiums for liability insurance in reasonable amounts but not less than One Million Dollars ($1,000,000.00) per claim. If damage is sustained to the subject property giving rise to an insurance claim and subsequent payment thereof, the proceeds shall be payable to the School. The School will use these proceeds for the repair or replacement of the damaged property.
  1. General Maintenance Services: The School will provide maintenance services during normal business hours (Monday through Friday, 7:00 am to 5:00 pm) as well as non-routine and after-hours services in cases of emergencies and during breaks and holidays.
  1. Maintenance of Grounds: The School will provide routine maintenance of grounds (including litter control, mowing, trimming, shrubbery, snow removal and related matters), consistent with those services provided to the residence halls, as part of the rent.
  1. Custodial Service: The Chapter has the option to request the School to provide routine custodial services under the same agreement as outlined in items tenand eleven for maintenance and grounds services.
  1. Inspection: The School shall have the right to inspect the property at least twice a year with designated representatives of the Chapter and at other times as may be necessary and deemed expedient by the School with appropriate notice to the representative of the Chapter. It is mutually understood and agreed that the School’s Public Safety officials are permitted entry to the property at any time when there is reasonable concern for safety or security of persons or property.
  1. Abatement of Rent: Should the premises be rendered unsuitable for occupancy, one of three resolutions will be followed, depending on the cause of the problem:
  1. If the cause is a form of destruction through deliberate acts by a member or guest, the chapter shall be responsible for all costs of repairs as well as for the established rental payment if the premises are rendered uninhabitable.
  1. If the cause is a form of destruction through negligent acts by a member or guest, the School shall be responsible for all costs of repairs, while the chapter shall be responsible for the established rental payment if the premises are rendered uninhabitable.
  1. If the cause is a natural disaster, the School shall be responsible for the costs of repairs and the chapter shall receive a pro rata abatement of the rental payment if the premises are rendered uninhabitable.
  1. Utilities: The Colorado School of Mines will be responsible for the following utilities:

(A)House phone lines

(B)Room phones lines

(C)Chapter Living Room Cable TV connection

(D)Individual Room Cable TV connection

(E)Data line connectivity

(F)Water

(G)Sewer

(H)Gas Service, inclusive

(I)Electric Services, inclusive

(J)Custodial Supplies(typically and as needed)

  1. Subleasing: Without the specific written consent of the School, neither the Chapter nor a member of the Chapter may sublet the premises.
  1. Lawful Purpose: The Chapter agrees: (a) not to use or occupy said premises for any unlawful purpose; and to conform to and obey all present and future laws, ordinances, rules, regulations, requirements and orders of all governmental authorities or agencies, and must follow all Colorado School of Mines and National Greek rules and regulations, respecting the use

and occupancy of said premises; (b) to make no alterations or additions to said premises without the written consent of the School, whose consent shall not be unreasonably withheld; (c) to permit the School to enter upon said premises at all reasonable times to examine the condition of the same; and (d) that no pets will be permitted on the premises at any time.

  1. Food Services: The Chapter agrees to provide all food services in conjunction with the operation of the social fraternity and to follow all health code policies and regulations. Alternatively, students may obtain meals from the School or elsewhere.
  1. Chapter Fees: Assessment and collection of Chapter dues, fees and similar charges will be made by the Chapter, unless specifically agreed upon by the Colorado School of Mines.
  1. Furniture and Fixture Ownership: All furniture, fixtures and any replacements or additions thereto bought by CSM shall be the property of the School. Furniture and fixtures purchased or rented by the Chapter that can be removed without damage to the premises shall be the property of the Chapter and may be removed at the expiration of this memorandum of understanding or any extension thereof.

I:\Student Life\stactiv\Greek Life\Greek Life\Housing Stuff\MOU for Greeks 07 08.doc