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Pi Kappa Alpha Fraternity: Case Study

The undersigned, (Student herein), agrees to rent from the Zeta Chi Chapter of the Pi Kappa Alpha Fraternity, at Missouri State University, living space in the premises located at the commonly known address of 1117 E. Elm Street in Springfield, Missouri (the Chapter House or House herein), for the period beginning August 1, 2017, and ending July 31, 2018, all in accordance with the below provisions. Student agrees and understands that Baxter Hall Properties, Inc., a non-profit corporation is the state of Missouri (House Corporation herein), is the landlord to which the Chapter has contractual responsibilities and to which the Chapter has assigned its rights in this agreement.

1. Student agrees to accept any room assigned to him at the Chapter House. Student further agrees to maintain his assigned room and its contents, as well as the entire Chapter House, in good condition and in strict accordance with the House Rules of the Chapter. In addition, Student agrees to abide by and obey any and all Federal, State / Province and local laws, as well as the Chapter’s by-laws and the Pi Kappa Alpha International Fraternity’s “Standards of Retention of Membership, Officer Status and Chapter Charter in Good Standing”.

Student hereby agrees that the House Rules and by-laws may be amended from time to time at the sole discretion of the Chapter officers, or any other controlling governing body of the Chapter, or the House Corporation. A copy of the current House Rules is attached hereto and made a part hereof. Student shall not use, permit, assist in, or condone the use of, the Chapter House for any unlawful or improper purpose or commit any unlawful or improper activity therein. Student agrees to report any unlawful or improper activity immediately to the Chapter Officers or House Corporation.

2. Chapter agrees to provide a room (which may be shared by one or more other persons) and the necessary facilities to Student. Any grievances regarding the operation or maintenance of said Chapter House shall be made in writing to the president or house manager of the Chapter or the Housing Advisor (Member of the Housing Corporation).

3. Student agrees to pay a total “annual” rental rate, for living space only, of $6,120.00, payable in installments to the Chapter in the following manner: (a) upon signing this lease, $510, (b) by no later than July 1, 2017, $2,550 and (c) by no later than December 1, 2017, $3,060. Any rent payment not paid within 5 days of its due date will include a late charge of $5 per day it is late retroactive to the date it was due.

4. It is hereby understood that no student will be granted living space in the Chapter House who has not executed an Individual Tenant Lease for the period. No new lease will be accepted from a student whose account is delinquent with the Chapter.

5. Upon signing this lease, Student shall pay the Chapter the sum of $500 as a security deposit which shall be returned to the student within 30 days of the end of the period of this lease (even if the room is vacated prior to the last day of the period of this lease) after deducting any amounts; due from Student under this lease, including but not limited to cost of repairs, rent and late fees. Student is responsible for the condition of the space assigned to him and the common space in the House.

If the individual(s) perpetrating damage to any common area of the House cannot be identified, the necessary monies to repair such damage will be taken equally from the deposits of all the tenants and out-of-house members’ deposits (if out-of-house members were required to pay a deposit). If funds are extracted from Student’s deposit during the lease period, to address any of the above items; Student must replenish the deposit within seven (7) days. This security deposit may remain with the Chapter for consecutive room lease periods; however, Student must pay any deficiency in any existing security deposit before he will be allowed to enter into a new room lease.

6. Student is and will be held responsible for all damage he and/or his guest(s) causes, either accidentally or willfully, to the Chapter House or its contents. No alterations shall be made to any part of the Chapter House or its contents without the specific written permission of the House Corporation or its representatives.

7. Utilities (electric, gas, and water) shall be provided at no additional charge, however, see the House Rules for any restrictions or extra charges regarding personal appliances.

8. If during the period of this lease Student, for any reason, ceases to be a student member or pledge of the Pi Kappa Alpha Fraternity, or if Student violates or does not comply with any provision of this lease or the House Rules or By-Laws of the Chapter, he shall be subject to removal from the Chapter House, and hereby waives any and all rights to due process and to proper notice of eviction procedures, and shall move out of the Chapter House immediately upon notice to do so.

9. Student agrees, if he moves out of the Chapter House for any reason, whether on his own account or at the request of the Chapter, before the end of the school year, he will pay the full amount payable under this lease, including but not limited to rent and meal plan fees, if any, for the remainder of the lease period.

10. Access to the roof shall be limited only to qualified personnel performing maintenance and/or repair work. Student agrees and understands that should he go on to the roof, he does so at his own risk and herein holds the Chapter and House Corporation harmless of any liability associated such an ill-advised act.

11. Student agrees that the Chapter and House Corporation assume no responsibility whatsoever for the personal property of Student All personal property of Student located on the premises shall at all times be there at Student’s sole risk, and the Chapter and House Corporation shall not be liable for any loss or damage thereto or for any theft thereof. Student should ascertain whether or not his personal property is covered under his parent or guardian’s homeowner’s policy. If not, it is recommended that he obtain his own “renter’s policy”.

12. Student and all parties claiming under Student hereby fully, finally, totally and completely release and discharge the Chapter, House Corporation, and the Pi Kappa Alpha International Fraternity, Inc. (“International Fraternity”) and their respective members, pledges, employees, agents, servants, officers, directors, representatives, other chapters, and any other entity whose liability is derivative by or through said released parties from all past, present and future claims, causes of action and liabilities of any nature whatsoever, regardless of the cause of the damage or loss, and including, but not limited to, claims and losses covered by insurance, claims for property damage, expenses, reimbursements, repairs and maintenance, claims and damage for personal injury, claims and damages for premises liability, claims and damage for torts of any nature, and claims for compensatory damages, consequential damages or punitive/exemplary damages “claims”.

Student, and all parties claiming under Student, covenants not to sue Chapter, House Corporation, International Fraternity, or their respective members, pledges, employees, agents, servants, officers, directors, representatives, and other chapters. Furthermore, Student and all parties claiming under Student, agree to indemnify, defend and hold Chapter House Corporation and International Fraternity harmless from all such claims.

13. Student shall pay the cost of any reasonable expenses incurred in collecting any delinquent monies owed by him to the Chapter In the event it shall become necessary for the Fraternity to commence legal action to enforce this Agreement, Student agrees to pay to the Chapter on demand any and all reasonable attorney’s fees, court costs and other litigation costs and expenses incurred by the Chapter in connection therewith.

14. Chapter and House Corporation will decide together on what dates the Chapter House will be closed during the lease period. Student shall be given at least a two-week notice of any closure dates.

15. Execution and delivery of the attached Lease Guaranty is a condition precedent to Landlord’s obligations under this lease.

16. The Chapter’s rights contained herein are assignable to the House Corporation should the Corporation demand or be willing to accept such assignment, and Student hereby agrees to any such assignment.

17. The conditions and covenants of this agreement extend and are binding upon the heirs, executors, administrators, representatives, agents, and successors to all parties, unless and until otherwise revised or terminated. If for any reason any clause or paragraph herein is deemed unenforceable, in whole or in part, all parties agree that the remaining enforceable portion of the clause or lease, as the case may be, shall be binding and remain fully enforceable.

18. The Student agrees and understands that a property management firm may be used, to act on Chapter and/or House Corporation’s behalf, to conduct duties delegated to it by Chapter and House Corporation which shall include but not be limited to bill and collect rent, manage security/damage deposits, check Student in and out of room and thereby conduct inspections of Student’s assigned room and common areas of the House. If a management company is used, Student agrees to cooperate with the management company as it fulfills its duties in representing the Chapter-and/or House Corporation

19. Missouri law shall govern this lease without application of its conflict of law provisions. Venue for any cause of action under this lease shall be in the Circuit Court of Greene County, Missouri or in the United States District Court for the Western District of Missouri, Springfield Division, where federal court jurisdiction may be applicable.

20. For the purposes of execution of this lease or any other document contemplated to be signed in connection with this lease, a document signed and transmitted by facsimile machine or scanned and sent by computer email or any other electronic method (an “Electronic Document”) is to be treated as an original document. The signature of any other party on an Electronic Document, for the purposes hereof, is to be considered an original signature on an original document. No party may raise the use of an Electronic Document or the fact that any signature was transmitted through the use of a facsimile machine, computer email or any other electronic method as a defense to enforcement of this lease or any other document executed in connection with this lease.

21. NOTICES. Any notices, requests or other communications required or permitted to be given hereunder, or in connection with any lease or guaranty, shall be in writing and shall be delivered by a widely recognized national overnight courier service (subject to a written confirmation thereof) or mailed by United States registered or certified mail, return receipt requested, postage prepaid and addressed to each party at its address as set forth below:

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