UTILITY ADDENDUM
This Utility Addendum (hereinafter “Addendum”) is incorporated into and is hereby made a part of the Rental Agreement/Lease (hereinafter “Lease”) between the parties.
Owner:Advanced Group 13-107, a California Limited Partnership, dba Corona Pointe Resort Apartments
Resident(s)
Address: #, , CA
Method of Calculating Utilities [check one]:
Sub meter Ratio Utility Billing System (RUBS)
Resident and Owner agree as follows:
1.Billing Methods: Owner shall bill Resident for utility costs based on billing method marked above. Billing methods are described as follows:
- Submeter: A submeter will be installed in Resident’s apartment to measure the total amount of water, hot water, and/or electricity used in the apartment. Bills will be calculated by multiplying the submetered usage by a utility rate based on the rates of the local utility provider (which may include base or fixed charges).
- Ratio Utility Billing System (RUBs): The ratio utility billing system is based on number of occupants and square footage. Specifically, Resident’s bill will be calculated in the following manner:
- Owner’s applicable bill for the community (A) multiplied by 50%, and then (B) multiplied by a fraction, the numerator of which is the number of occupants living in the apartment and the denominator of which is the number of total occupants in the community. This formula may change each month based on the number of occupants in Resident’s apartment and the number of occupants in the community, PLUS
- Owner’s applicable bill for the community (A) multiplied by 50%, and then (B) multiplied by a fraction, the numerator of which is the square footage of Resident’s apartment and the denominator of which is the square footage of all occupied apartments in the community. This formula may change each month based on the number of occupied apartments in the community.
Prior to allocating the Owner’s water and wastewater bills using the RUBS method, Owner will deduct Common Area Usage Percentage to account for common area usage. Owner and Resident agree that the exact amount of the water and wastewater consumed in Resident’s apartment and the exact amount of water and wastewater used in the common area cannot be determined precisely, but that the methods described above used to calculate those amounts are a reasonably accurate estimate. Resident represents that all occupants who will reside in the apartment are (and will be) properly and accurately reflected in the Lease. Resident agrees to immediately notify Owner of any charge in the number of occupants in the apartment.
Owner will include all water and wastewater related charges when calculating the amount charged to each Resident under any of the formulas described, including storm water charges, water or wastewater related charges contained on tax bills, and all miscellaneous charges contained on the utility bills received from the local water and wastewater providers.
2.Fixed Fees: Resident may be charged a fixed fee for trash and/or sewer charges monthly. If a fixed fee is charged, the amount charged to Resident is as follows:
Fixed Trash Fee$Fixed Sewer Fee$
3.Changes to Billing Methods: The billing methods described in Sections 1 and 2 of this Addendum may be changed by Owner providing Resident with sixty (60) days prior written notice.
4.Monthly Service Fee: As a regular part of each monthly utility bill, Resident may be charged, in which case Resident shall pay, the Monthly Service Fee in additional to the utility service charges for which Resident is billed. The Monthly Service Fee is for administration, billing, overhead and similar expenses and charges incurred by Owner for providing or processing utility bills and may be increased with sixty (60) days prior written notice to Resident if Owner’s actual expenses increase. Owner may use a third party billing provider to provide all or part of the billing services directly. Resident agrees to pay a one-time account processing fee in the amount of $1.95 when Resident vacates the apartment. This fee shall be included on Resident’s final utility bill and is for administration and billing expenses and charges incurred by Owner for processing the final utility bill.
5.General: Except as expressly modified by this Addendum, all terms and conditions of the lease remain unchanged, and the provisions of the lease are applicable to the fullest extent not inconsistent with this Addendum. If a conflict between the terms of this Addendum and the lease exists, the terms of this Addendum shall control the matters specifically governed by this Addendum.
If any provision of this Addendum is declared or determined by any court to be illegal or invalid, the validity of the remaining parts of this Addendum shall not be affected thereby, and the remainder of this Addendum shall remain valid and enforceable. Any breach of the terms of this addendum shall constitute a breach of the lease to the same extend and with the same remedies to Owner as provided in the lease or otherwise available at law or equity.
The undersigned Resident(s) have read and understood the foregoing and shall abide by all of the rules, regulations, and agreements in this Addendum and the Lease.
Resident SignatureDateResident SignatureDate
Resident SignatureDateResident SignatureDate
Owner or Landlord Date
as Authorized Agent
UA 1-0.107
REV 03/2014 Initial ______
1
001-01 (7/12)