ADDENDUM TO RESIDENTIAL LEASE/RENTAL …...Term: Agreement is effective upon signature of the Lease...

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Page!1!of!4!RUBS!Tenant!Addendum!6/2014! !! Agent!Initials:!_____!!!Tenant!!Initials:!_____!Copyright!©!2012!

ADDENDUM TO RESIDENTIAL LEASE/RENTAL AGREEMENT

UTILITY INVOICING AND ALLOCATION AGREEMENT FOR

This agreement (“Agreement”) is made between GreenView Management Company (“GMCO”) and (“Tenant”). Agreement describes the method of calculation and shall govern the payment of the cost of the Tenant estimated usage for the following utilities. Utilities listed are separate from Tenant’s individual bill for gas and electricity, which may be billed by PG&E or some other provider of the same utilities. An X indicates which utilities will be charged through this agreement based on the number of occupants per unit, square footage per unit or some other estimated measurement.

Water / Sewer__X___ Gas X Trash __X___ The above marked utility charges will be billed by and payments shall be made payable to:

GreenView Management Company, Inc. PO BOX 475852

San Francisco, CA 94147

Building(Address:( ((

Street,!City,!State,!Zip(

Mailing(Address((if(different(from(above):(( (

Unit(Number:(( (

In;Unit(Laundry:(( Washer(((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((Gas(Dryer((

(

Lease(Commencement(Date:( (

Name(Of(All(Tenants:( (

Name(additional(occupants(and(

occupant(relationship(to(tenant,(

including((but(not(limited(to)(roommates,(additional(family(members,(subsequent(occupants,(and(minors.((

Occupant(((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((Relationship(to(Tenant(

Primary(Resident(Phone:(( (

Primary(Resident(Email:(( (

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CALCULATION OF BILL The cost to the tenant, for each utility, will be calculated as a pro rata share from the overall utility bill billed to the Lessor, less any common utility adjustment and goodwill deduction, if applicable. Depending on Tenant’s actual move in date the first monthly billing may reflect the actual utility charges for the month immediately prior to occupancy. Tenant may receive invoice(s) after vacating the unit as allocations are based on consumption and not a flat rate.

COMMON AREA FACILITIES - UTILITY ADJUSTMENTS If the subject property uses any utilities for common areas such as irrigation systems, pool or spa operation, common area lighting, laundry facilities, clubhouses etc., the billings for those specific utilities shall be reduced by an estimated percentage. By calculating the approximate utility usage for these common area facilities as compared to the entire bill a reasonable estimated percentage of the utility costs may be established. The estimated common area facilities percentage shall be deducted from the entire bill for the property prior to calculating the individual unit utility charges. Tenant acknowledges that the Lessor will use its best efforts to estimate common area usage and that it is not practical to measure exact usage. Tenant also acknowledges that the Lessor may change these deductions periodically based on changes to building systems that may affect billing charges. Tenant acknowledges that if occupying a unit with in-unit washer and/or gas dryer, tenant may be allocated an increased estimated percentage for water and gas. Any utility charges which are separately metered, either exclusively for common area facilities or for the sole usage of the residential units, shall either be excluded or included in their entirety (as appropriate) for the purpose of calculating the individual utility billings under this agreement.

OCCUPANCY ALLOCATION FACTOR

No. of Residents Allocation Factor Assumption 1 1 One person’s estimated usage. 2 1.6 Two people use 60% more than one person. 3 1.9 Three people use 90% more than one person. 4 2.2 Four people use 120% more than one person. 5 2.5 Five people use 150% more than one person.

To calculate the individual utility charge for each unit, the total adjusted monthly utility bill is divided by the total number of Occupancy Allocation Factors in the property, and that figure is then multiplied by the Occupancy Allocation Factor (above) for each unit. The Occupancy Allocation Factor is determined by the total number of occupants listed on the attached Residential Lease/Rental Agreement. For HEAT charges, estimated square footage may be substituted for occupancy allocations.

GOODWILL DEDUCTION Tenant acknowledges that while this system is more fair than a flat rate rental charge which does not consider utility usage, there can and will be times in which, because the method is not perfect, they may pay an amount more or less than the amount that would be charged if each unit was separately metered. In anticipation of the problem of Tenant overpayment, GMCO will provide a Goodwill Deduction on each bill. The Goodwill Deduction is a percentage of the overall utility bill that is covered by the Lessor before any calculation is made for Tenant’s individual liability. By deducting a flat percentage from the bill, Tenant receives some measure of protection against any potential overpayment. GMCO will use its best effort to obtain the best goodwill deduction possible, but the actual percentage will vary depending on the Lessor. Tenant may request information about the Goodwill Deduction from GMCO at any point during the life of the Agreement.

TERMS AND CONDITIONS The Tenant agrees to pay for the above marked utilities for the Lease/Rental Premises, as outlined in this Agreement under the following conditions:

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1. Purpose: Tenant acknowledges that a major goal of this billing system is to encourage conservation. Effective June 23, 2009, San Francisco residents are required to recycle. If tenant collectively conserve utilities, any resulting reduction in costs will be passed on directly to Tenant.

2. Due Date: The Tenant, under this agreement, will be billed once each month (the invoice will show a billing date), and the payment is due within 15 days of the billing date. The Tenant is responsible for notifying GreenView Management Company, Inc. (GMCO) if they have not received their invoice as of the last day of the month.

3. Late Fees: A $7.50 late charge will be added to the Tenant’ next bill if the payment is not postmarked within 15 days of the billing date or if there is a remaining balance over $10.00 after the 15th day following the billing date. A $25.00 returned check charge will be added to the Tenant’ next bill for each check returned to GMCO by the bank as uncollectable, for any reason. GMCO, in its sole discretion, may require immediate payment in guaranteed or certified funds or attempt to redeposit the check as a convenience to the Tenant, however neither action shall void the returned check charge.

4. Agency: It is understood and agreed between the Lessor and the Tenant that GreenView Management Company, Inc. is the authorized agent for payment collection under this agreement and that in the event any such payment is not made when due, the failure to pay shall be considered a default under the attached Lease Agreement. Furthermore, Tenant agrees that the Lessor may file a summary process action for the eviction of Tenant as if Tenant breached a material lease covenant.

5. Correspondence: GMCO handles RUBS Utility Billing only. Any unit/building issues aside from RUBS Utility Billing must go through the property ownership and/or management. This includes, but is not limited to, all rent, maintenance, tenancy / occupant changes and notices to vacate.

6. Invoice Delivery: All monthly invoice notifications will be delivered to the primary e-mail indicated on page one of this agreement. Tenant may opt for paper invoices by contacting GMCO via phone or e-mail.

7. Fairness of Calculation: Tenant acknowledges that while this system is more fair than a flat rate rental charge which does not consider usage, there can and will be times in which, because the method is not perfect, they may pay an amount more or less than the amount that would be charged if each unit was separately metered. Tenant acknowledges that while all units are allocated for consumption, units with preexisting lease terms are in most cases prohibited by law to be enrolled in the program. Resident acknowledges if units' square footage is used for heat allocation factors, GMCO cannot guarantee the square footage figure is exact. A reasonable square footage estimate may be used in some cases. Tenant acknowledges that invoice amounts may fluctuate monthly based on consumption, utility rate changes and building occupancy changes. Goodwill Deductions may be adjusted monthly to offset spikes and higher than normal consumption patterns. GreenView reserves the right to back bill in the event the utility bills are not made available by the utility company or by owner / management by GreenView’s cycle cutoff date.

8. Dispute Resolution: a. Calculation Dispute: If Tenant wishes to dispute the charges under this Agreement, Tenant must provide written notice

to GMCO within five (5) business days of receipt of the bill. Tenant will be allowed to submit any supporting documentation or evidence that he/she feels is necessary to demonstrate an inaccurate statement. GMCO will review the evidence and provide a final determination of any accounting error. GMCO will then review any information and provide a detailed statement, including supporting evidence, and notify Tenant of its decision. During this review time, Tenant will not be subject to any penalties or fees for failure to pay monetary obligations. However, Tenant acknowledges that the review by GMCO constitutes a final decision and the dispute will be considered resolved after GMCO makes its determination. The failure to pay after this determination shall be considered a default under the attached Lease. Furthermore, the Tenant(s) agrees that the lessor may file a summary process action for the eviction of the Tenant(s) as if the Tenant breached a material lease covenant.

b. Penalty Abatement: If the Tenant is unable to pay or encounters extraordinary circumstances that prevent Tenant from paying in a timely manner, the Tenant may submit their explanation to GMCO for a hardship review. While GMCO may agree not to charge any fees or penalties, such a decision does not constitute a waiver nor does it condone repeated account delinquencies.

c. Choice Of Venue: The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of San Francisco, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature,

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thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party stipulates that the State and Federal courts located in the County of San Francisco, State of California shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy or proceeding arising out of or related to this agreement.

9. Term: Agreement is effective upon signature of the Lease and expires per the terms of the Lease Agreement. If, for any reason, the Lease is terminated, Tenant understands and acknowledges that any obligations to GMCO hereunder, are still effective and valid. GMCO retains its right to collect any monies owed under this Agreement notwithstanding the Tenant’s legal rights against Lessor.

10. Occupants: Tenant acknowledges it is tenant responsibility to notify GMCO within 30 days of new household occupants including, but not limited to, infants, minors, family members and extended guests. Tenant acknowledges that GreenView makes a reasonable effort to ensure updated occupancy reports. Should a tenant notify GMCO of an occupancy factor discrepancy, GMCO will verify with the building’s ownership and/or management prior to adjusting any occupancy factors.

11. Assignment: This Agreement may not be assigned by Tenant to any person, company or 3rd party without the express permission of GMCO. At its discretion, GMCO may assign any claims against Tenant for unpaid balances to Lessor. Tenant acknowledges and understands that such an assignment will be immediately effective, with or without notice, for the full delinquency, inclusive of any penalties or fees. GMCO may also refer any account to a lawful collections company in the event that an account becomes delinquent.

12. Incorporation: This agreement is incorporated into the original lease and is operative and contingent upon the terms therein, where applicable. Tenant acknowledges and understands that GMCO is an intended 3rd party beneficiary to the Lease.

13. Final Agreement: No Amendment or modification of this Agreement shall be valid or effective unless put into writing and signed by GMCO and Tenant. If any portion of this Agreement is invalid, illegal, or unenforceable the other portions shall not be affected in any way and this Agreement shall be interpreted to enforce such provision consistent with the intentions of the parties to the maximum extent permitted by applicable law. This Agreement and all attached exhibits, addendum(s), and schedules, which collectively are called the Agreement, shall constitute the entire Agreement. All prior negotiations, proposals, bids, orders and any other communications are superseded by this Agreement and there are no other understandings, agreements, or express or implied representations. Where this Agreement differs from any other contract or correspondence, this Agreement prevails.

14. Regulatory Compliance: The terms and conditions set forth in this Agreement are subject to the laws of the local, state and federal government. In the event that applicable laws do render certain practices in this agreement unlawful, Tenant understands and acknowledges that Tenant is responsible for all monies owed previous to the date of the regulatory decision to invalidate this agreement.

15. Waiver: No term or provision of this agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or excuse of breach is in writing signed on behalf of the party against whom the waiver is asserted. No such waiver or excuse of breach of any provision of this Agreement by either party shall be deemed to be an ongoing waiver or excuse of subsequent breaches of any provision of this Agreement by the other party. No delay or omission in the exercise of any remedy shall impair or affect a party’s right to exercise the same.

I/WE THE UNDERSIGNED TENANT(S) HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THE FOREGOING UTILITY INVOICING AND ALLOCATION AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS DOCUMENT.

Name________________________________________ Name________________________________________

Signature _____________________________________ Signature _____________________________________

Date _________________________________________ Date _________________________________________

Name__________________________________________ Name__________________________________________

Signature _____________________________________ Signature _____________________________________

Date _________________________________________ Date _________________________________________

ADDENDUM TO RESIDENTIAL LEASE/RENTAL …...Term: Agreement is effective upon signature of the Lease...

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