2003 SETTLEMENT AGREEMENT-UNSIGNED _ ��__
. Brandes Place Limited Partnership v. City of�ndley
• � Settlem�nt Agrec�r►enl July 14, 2�03
STATE OF MINNESOTA DISTRICT COURT
COt1NTY OF AIVOKA TENTH NDICIA.L DISTRICT
-------------------------------------------------------- Other Civil
Brandes Place Lim�ited Partnership, a Minnesota FILE NO:
limited partnership,
Plaintiff,
vs
SETTLEMENT
City af Fr�dley, ACrREEME�IT AND
Defendant. RELEASE
This Agreement is made and entered into this day of July, 2003 by and
between Brandes Place Limited Partnez�ship ("Brandes") and the city of Fridley (the
��Cit3,,�).
W1�EREAS, Brandes alleges that on Octobe�r 14, 2002, the City wrongfully
failed tv approve three zoniz�g rclated requests made by Brandes necessary to the
de�elopment of Brandes Place, a pro�osed sixteen-unit townhause development which
would provide af��rdable housing, subsidized under the federal section 8 program, tc�
lowex income families in the City (hereinafter the "Project");
WH�REAS, Brandes alleges that the City's faiiure to formalty reject Brandes's
rec�uests within the time limit provided by Minn. Stat. § 15.99 rendered its requests
approved as matter of taw;
WHEREAS,Brandes alleges that the City did not provide a statement of reasons
for its failure to approve Brandes's requests, took action con�ary to staff
recommendations, and took action without a rational basis;
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` , Brandes Place Limiter!Partnership v. City of Fridley
. Settlerncnt Agreemeaat July 14, 2003
WHE�tEAS, Brandes alleges that the Ciry's failure to approve Brande5's r�quests
constitutes a violation of the Minnesota Human Rights Act, specifically Minn. Stat.
§ 363.03, subd. 4, because the City's failure to approve Brandes' requests constituted
discrimination on the basis of status witla regard to public assistance;
WHEREAS, Brandes alleged that it is entitled to declaratory and injunctive relie#'
granting the requested zoniz�g changes, damages an an amount in excess of gS4,Q00, an
award of attorneys fees and costs, and an order that the City pay a civil penalty to the
Staxe of Minnc�ota;
WHEREAS, The City dentes that it is liable for any actions that it has taken with
reapect to Brazcdes's requests,but wishes to avoid the ex�ense and inconvenieiace
associated with litigation;
WHEREAS, the parlies became aware prior to cntering i.nto khis Agreemen,t of
the possibility of objections by three members of the Board of the Church of St. William
to conveyance of rhe propvseri site of the Project, and agrccd to the terms of this
agreement notwithstandi.ng the possibility of those objections and their potential impact.
NOW,TH�REFORE, in consideration of the covenalits, agreeTnents, and
releases set forth and fo�other good and valuable considexation,it is agreed by and
atxtong the undersigned tbat all cla.ims be settled, campromisrd, and released and this
action dismissed on the meri�ts with prejudice, wittzout costs or fees to Brandes or the
City, on the following terms and conditions:
I. DEFTN7TiONS
A. "Brandes" is Brandes Place Limited�armership, a 1Vlinnesota I�imited
Partnership; the propanent of the Project.
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. Brandes Place Limited Parinership v. City af Fridley
. Setklement A�zc�nent July 14, 2003
B. The "City" is the City of r�ridley, s Minnesota municipal corporalion
located in Az►oka County, Minnesota.
C. "CHI�C" is the Communit�v Housing Development Corporation, a not�-
profit corporation which is emong the lar�est owners of low income hou.sing in the stat�.
D. "Catholic C'harities" is Catholic Charities of the Archdiocese of St. Paul
ancl Mint�eapolis. Catholic Chariries is a Project spoztsor and will manage th�Pr�ject and
prov�ide social servicEs to resideats.
E, �h� "Project" is Brandcs Place, a proposed 16-unit townhouse
development whach would serve low income faznilies.
II, MUTUA,L RELEASE, DISCT�ARGE, AND COVENANT NOT TO SUE
A. In exchange for the cans�deration herein defined, the City, its officials and
�ther agetzts sha11 be completely releaseei, acquitted, and fvrcvcr discharged from any and
all claim,s, demands, ackions, suits, causes of acrion, whether class, individual, or
otherwise in nature that�lai.ntiff e�ver had, now has, or hercafter can, sha1l, or may ha�e
on aceount of the aets or omissions of the City, its officials and other agents pritor to the
da.te of the execution of this Agreement. Brandes releases the City, its officials and other
agents from any and all claims for damages and civil penalties arisinig from the acts or
omissions of the City,its officials and other ngents prior to the date of th� execution of
this Agreemeiat Rrandes shall not, after the City has performed under this Agreement,
seek to establish liability against the City, its officials and other agents based upon the
acts or ouussions of the City, its afficials and other agents prior to the date of ttae
execution of th�s Agreement.
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' , Brandes Place Limited Parmership v. City of Fridley
, Sctticmcnt Agree�ment July 14,2003
.
� B. �zt exchange for the cousideration herein defined, Brandes,its partners,
officials, other agents, successors and assigns shall be completely released, acquitted, and
forever discharged from any and a11 claims, demands, actions, suits, causes of action,
whether class, iv�dividual, or otherwise in nature that the City ever had, now has, or
hereafter can, sha11, or may have on account of the acts or omissions of Brandes, its
partncrs, offici�ls, other agents, successors and assigns prior to the date of the execution
of this A�reement. Tne City releases B�andes, its partraers, offieials, other agents,
successors and assigns from any and all clai.ms for daxx►ages and civil penalties arising
from the acts or omissions of Brandes,its par�ers, offiicials, other agexats, successors and
assigns pRor to the date of the cxecution of this Agreemeat. The City shall not, after
Brandes has performed under this Ageement, seek to establish liability against Brandes,
its parmers, officials, �th�r agents, successors and assigns based upon the aets or
omissions of Bra.ndes, its pamiers, officials, otk�er agents, successors and assigns prior to
the date of the execution vf this Agreemen�
C. '�'he attorneys fox Brandes, upon the conditions set out herein, settle and
release all claims for attomeys'fecs and costs inciured in tlais matter.
IYI. CONSIDERA'I'�ON
A. Within tetl (10)business days after this Agreement becomes fina�,the Ciry
shall approve by written resolution the prelimi�nary plat for the Project, amend its zoning
ordinance to provide that the zoning of the parcel be changed to R3 and am�nd its
comPrehensive plan to change the land use desagnation for the parcel from Fublic/Se�mi-
Public to Multi-Family Residential.
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� , Brandes Flace Limited Partnership v. City of Fridley
, Settlement Agrccmetat July 14,2003
B. "I'he City sha11 cooperate with and actively support Brandes' efforts to
secure Anoka Counry apProval of the final plat for the Project. Within ten(10)business
days af�er Anoka County approves the finaI plat for the Project, the City shall approve the
final plat for the Project.
C. A change i� the composition of the City's elected officials shall zzot void
the City's obligatio� to carry out the duties described in paragraphs IIIA �d IIIB.
D. Once s.he items in patagraph IIIA have been accamplished, Brandes Place
will si�a stipulation of dismissal with prejudice and provide same to the Ciry.
E. In addition, Brandes agrees that:
1. lt shtzll conduct screening of prospective tcnants, consistenc w�ith
�iUD and Meiropolitan Council HRA guidelines. Screening will
in�clude:
a. Criminal backgr�ound check. No applicant with a history of
violent crimes or sexual misconduct will be approved.
b. Inquiry regarding any history of substance abuse. Any
tenant with a history of substance abuse must be
demor�strably clean and sober for nine months prior to the
commencement of t�nancy.
c. �qviry into ability to pay rent. �ach tenant must
demonstrate that he or she has the ability to pay rent at the
level set for that person.
2. It will meet with the City CUuncil on a quarterly basis in ordcr to
address any questions about the Project during the firat year of
occupancy of the Project,and thezeafter upon the request of the
City Council.
3. It will work with a Community Advisory Committee
("Committee")to be composed of representatives from:
• Catholic Charities (Z) (to be appointed by Catholic Charities)
• CHDC (2) (to be appointed by CHDC)
• The Parish of St_William (2) (to he appointed by the pastor
with the approval of the Archdiocese of 1V�inneapolis and St.
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. Brandes Place Limited Ya.rtnership v. City of Ftidley
. Settlement.A�greement July 14, 2003
Paul.) At least one of the parish representatives sk��ll be a
member of the Brandes Place Comm.ittee of the Church of St.
William).
• The immediate neighborhood(2) (to be appointed by the City
Council)
• The Anoka County A,ffordable Housing CoaJirion (2) (to be
appointcd.by the Coalition)
• A local affordable housing professional (1) (to be appointed by
the Coalition and CHDC)
The Committee will begin meeting aPprnximately 60 days prior to
projected.occupancy of the project and will advise Brandes and
Catholic Charities on issues and policies related to Project
managerczent and operati�n, including tenant screening and will aid
Catholic Charikies, CHDC, and Braz�de.a Place residents to
participate fully in the larger com�munity.
4. Tt will use its best eff�rts, including tlie use of appropriate
enforcement mechanisms, to eiasure that the policies set forth in the
Brandes Place tenant handbook, the Brandes Place House Rules
and the Brandes Place lease aze followed by tenants. The current
dta�of the Brandes Place tenax�t handbook is appended as Exhibit
A to this Agreement.
5. Resxdents will be offered i.nformation, training,, and assistance in
the grocess of becomit�g a homeowner.
6. It will design and build the Pmject so as to comply with current
code requirements for condiminium or cooperative ovuned housing
in the City.
7. It will entez�int� a Purchase Option and Right o�First Refusal
("�tOFR"), in a form substaz�tially similaz to that appended as
Exhibit B to this Agreement,with CHDC.
a. The ROFR shall by its terms be assignable to a c�ualified
nonprofit organization, a government agency, or a tenant
organization or resident ma�aagement corporation of the
Projec.-t.
b. The ROFR shall provide that it can be exercised after the
close o£the compliance period during which time the
k�ousing must be rental housing acwrilin�to the
requ.irements of all�roject financing.
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� •. Brandes Place Limited Partnership v. City of Fridley
. Settlement Agreement July 14, 2003 �
c. The fir�al form of the ROFR is subject to the agpr�vdl of
tlae invcstor in the Projec�
d. Brandes and CI-�DC shall entez�into the ROFR at the
closing for the Project.
e, Brandes and CHDC will provide teaants wzth information
regarding the ROFR and assist such tenants, if requested,
with forniing an appropriate assignee three(3) years befoxe
the e�nd of the compliance period.
8. Upoa the request of a tenant orgat�ization that is a qualified
assignee under the ROFR, CHDC shaIl assign the ROFR to that
tenant organization.
9. The City recognizes that the means of executzon of the ROFR is
dependent upon the status and nature of fEderal and other financing
mechanisms in existence at the end of the campliance period.
F. The obligations in paragraphs III D and III E aze binding on Brandes'
pattners, officiais, other agents, successors and assigns.
IV. GEN�ERAI�TEk2MS
A. Brandes and the City agree that this A,greement, whether or not it shall
becomc finra.l, oz�d any and all ne�otiations,docuranents, and discu.asions associated with it,
shall not be deemed or construed to be an admission or evidence of any vivlataon of any
statute or law, or of any liability or wrongdoing by any person or entity, including,
without limitation, the City, or of the truth of any of the claims or allegations contai.ned in
the complaint filed.by Brandes in this lawsuit, and evidence thereof shall not be used
d�irectly or indirectly, i.n any way, whether in this lawsuit or in any other action,
pr�ceedin�or lawsuit, except in an action to enfoxce any obli�at�an or rights under this
Agreenaent.
B. The part�es c:wnsent to the jurisdiction of the CoLuts of the St�te of
Minnesota for aay suit arising out of or relating to the performance of this Agreement.
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. Brande.S Place Limited Partnership v. City of kridley
• Settlement Agreement July 14, 2003
This Agreement shall be governed by and interpreted according to the substanrive laws of
the Sta.te of Minaesota without regard to its choice of law or conflict of laws principles.
C. Th�s Agreement, along with its Exhibits, constitutes th.e entare Agreement
between Braudes and the City pertaini.ng to the settlement of this lawsuit and supersedes
any eazlier drafts or communica.tion between Brandes and the City. T111s Agreement may
not be modified or amrnded exccpt in writing executed by Brandes atld the City.
D. ?his Agreement shall be binding upon, and inure to the benefit of, the
successors, heirs, assi�ns, empIoyees,members and partners, and former members and
partnexs, of Brandes and upon all employees, elected officials, depattments, cozn.missions
and subdivisiozzs of the City.
E. The parties wanant that the persons sigaing this Agreement are authorized
signato�ies for the entities represented; and 'uidemnify and hold cAch other hazznless
against any assertion of lack of such authority.
F. Neither Brandes nor the City shall be considered to be thc drafter of ttus
Agreement or a,ny of its provisions for the purpose of any statute, case law, or rule of
interpretation or construction that would or m�ight eause any�rovision to be construed
against the drafter of this Agreement.
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� . Brandes Place Limited Partnership v. City af Fridley
. Setttemcat Agreement July 14, 2003
Richazd Brustad
Community Housing Development
Corporation, General Partner,
oz�behalf of Brandes Place Limited Partnership
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'� Brandes Place Limited Paztnership v. City of rridiey
• , Settlemez�t Agreernent July 14, 2003
Scott Lund, Mayor
City of Fridley
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� Brandes Place Lim�ted Partnership v. City of Fridley
• Sct4lement Ageemcnt July 14,2003
William W. Burns
City Manager, City of Fridley
M i:1010063.01
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� EXHIBIT A
B�?AND�S PLACE MI SS I4N
The misston of Brandes Place is to provide affordabie, stable, dignified housing that
facilitates independent living for families.
The following values provide standards and principles to guide Brandes Place.
Brandes Place
+ Embraces and promotes diversity, faimess, and respect for individual
rights;
+ Promotes residents' rights to a quiet, clean, and respectful living
environment;
+ Encourages self-empowerment and leadership of residents through
involvement in their housing community and neighborhood;
+ Promotes residents' self�-confidence, respect, and digniiy;
+ Supports informed choice and self-determination;
+ Recognizes an obligation to be fiscally responsible and to engage in
financial pfanning;
+ Believes in a community free from any form of discrimination;
+ Encourages residents to leam about and use appropriate services and
reso urces.
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Y+O UR �!TA. .NAGEMENT
CATHOLIC CHARIT(ES
Catholic Charities and its representatives (Service Coordinator or Caretaker) a�e
responsible for the management of Brandes Place. The property will be managed
according to Catholic Charities, city zoning, govemment, and/or legal requirements
and regulations. Gur goal is to help Brandes Place be a piace in which you are
proud to live.
MANAGEMENT RESPONSIBILITIES
It is our responsibility to protect the rights of atl residents living in the community.
Additiona(ly, we are required to see that apartments are maintained in a condition
that meets all health and safety standards. if you have any questions pertaining to
management, refer to your lease or handbook.
ORIENTATION
Before move in, an orientation appointment will be set with Service Coordinator to
review your lease, house rules, Resident Handbook, and rent collection policies.
The service coordinator will be happy to answer any questions you may have about
your new home or neighborhood. Any remaining paperwork will be filled out at this
time. Rent and security deposit will be paid and keys will be given to you for your
new home. Please be prompt, allowing at least one hour for this meeting.
COMMITMENT TO DIVERSITY
Brandes Place is a diverse community. We come from different places and
cultures. We believe in difFerent things. We are of different ages, races and sexual
orientations. We are all unique, and we each deserve respeet.
We consider our diversity one of our strengths. We know it can also be a challenge.
We believe that each individual can contribute to the community. We strive to live
together in harmony, and to leam from one another along the way.
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- . We want Brandes Place to be a place where everyvne feels safe, secure, and
' suppo�ted. We act responsibly towarc! others, and we expect others to act
responsibly toward us. We are each fully accountabie for our actions.
We wiil not to(erate the abuse of any member of our community for any reason. No
one has the right to degrade another person on the basis of age, physical abilities,
mental health, national origin, sexual orientation, race, gender, religious affifiation, or
source of income. Bigotry has no place here.
We five and wo�fc in this diverse community by choice. As residents and staff, we
are committed to making Brandes Place a place where the core values of mutual
respect and personal responsibility shape our daily lives.
MOVE-IN INSPECTIONS
When you move into your new home, everythi�g in your home will be c�ean and in
good working order. The first thing you will do upon moving in will be to inspect the
unit with the Service Coordinator. Together you will note the condition of every item
in your home on the move-in inspections sheet, Both you and the staff will sign this
form.
At the time you move out, the Service Coordinator will again inspect your home with
you and note i�s condition on a move out inspections sheet. You will be charged for
any damages caused by you, your family or guests. It is expected that you will leave
your home in the same condition as when you moved in, excluding normal wear and
tear.
LEASE AGREEMENT
Your lease is a legal contract between you and Catholic Charities and is enforceable
on both parties. The lease specifies in writing your responsibilities and those of the
management. Please read it carefully, and read it again from time to time to make
sure you are familiar with the terms. THE RULES AND POLICIES DESCRIBED IN
THIS RESIDENT HANDBOOK ARE PART OF YOUR LEASE AGREEMENT.
Management has the right to change these policies as necessary upon one (1) full
calendar month's written notice. All adult residents at Brandes Place must sign a
lease. Only those individuals identified on your lease are permitted to occupy your
unit. (f you wish to have a family member or friend live with you, you must notify the
staff. The person wishing to move in must make application, have their references
checked, income verfied and receive written approval from Management. Failure to
do so could cause you to be evicted. Your lease will be for six months or one year.
Upon termination of the one-year te►m, the lease will remain a year-to-year lease.
The lease wili be automatically renewed for each res�ective term urttil either party
notifies the other in writing of their intention to terminate the lease.
G U ESTS
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, If you are having a guest stay with you for more than three davs you must notify the
� Service Coordinator immediately and receive permission in writing from the
management. Guests are allowed to stay with you for a maximum of two weeks per
visit. Guests may not stay with you for more than 30 days per year. Any guest,
family resident or friend staying more than thirtv davs in anv one calendaryear must
be listed on the lease as a resident. Management reserves the right to �fuse any
guest with good cause_
Residents are rssponsible for damages and behavior of guesfs or family
inside and outside of the buildings.
PEZ'S
Pets are al(owed with the pr'tor approval of management. Pets are limited to no
more than two cats, two birds and/or fish in no more than a 30-gallon aquarium per
unit.
Prior to approval being granted, the resident must show proof of current
vaccinations, spaying or neutering, and an attemate pet care provider. A
photograph of the pet must also be provided to the office. At the time of annual re-
certification, this information must be updated.
There is a $300.00 pet deposit required for cats. This deposit may be paid over six
months in increments of$50.�0 per month commencing with the first month of
tenancy. Residents are responsible for their pets. This may include using a
professional carpet cleaner to clean up any acciderrts on the carpet, control fo�
fleas, prevent any pet odors. Any violation of these policies will result in the pet
being evicted from the building and all future pet privileges are being revoked
far all residents.
For more information on the pet policy, please talk to the Service Coordinator.
PRIVACY
You have the right to expect that all of your financial and other personal information
required for application and income verification will be kept absolutely co�fidential.
After being verified by your documents or by inquity by the Service Coordinator, the
application and income forms are filed. The Service Coordinator may use that
information only for the purpose for which it was intended, that is, to determine initial
and continued eligibility for occupancy.
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. All residents are obligated by the lease to permit the Owner, the Staff or Cor�tractors
authorized by Management to enter your apartment for scheduled or reasonable
. inspections, repairs and replacements or for pest control treatments. IN CASE OF
AN EMERGENCY OR SUSPECTED EMERGENCY, MANAGEMENT MAY ENTER
WITHOUT PRIOR N4TlCE.
As genera( proc�dure, the respect for your privacy, the management wiil enter your
apartment only if you have made a work order request. if you wish to be present
during the woric, please state so EACH time you make a work order request. Do not
assume that worlcers will remamber that you requested to be present the last
time work was done.
PAYMENT OF RENT
You�rent is due on the FIRST day of each month. (f the first day falls on Saturday
or Sunday, your rent is due on the following Monday. If you foresee a probiem with
paying on time, you are responsible for making arrangement in advance, and with
the approval of the Service Caordinator. If your rent is not paid in full and received
in the office by ti�e end of the 5"' day of the month, you will be charc�ed a late fee of
$25.00 on the 6�' day. There will be an additional charge of$5.00 for each
additional day the rent remains unpaid. Late r�nt payments will not be accepted
without the proper late fee included.
If you are experiencing an extenuating financial problem and need to enter into a
payment plan, you must meet with the Service Coordinator priorto the 1gt day of the
month that the rent is due. You must agree to pay at least 50% of the total rent due
within the first 5 days of the month to be considered for a payment plan. Any breach
of the payment plan is grounds for ftling an uniawful detainer (eviction). Paymont
plans will only be granted for extenuating circumstances (i.e. death of a family
member, loss of a job, illness, etc.). Management reserves the right to refuse a
payment pfan if the privilege is abused.
On the 6th day of the month, a termination letter will be sent to any resident whose
rent is still unpaid. Thereafter, uniawful detainer(eviction) actions will be filed for
ALL UNPAID RENT.
According to your lease agreement, paying the rent after the 5�' af the month is
considered a major violation of the lease. Repeated major violations are grounds
for termination of the lease agreement. Therefore, more than three (3) late rent
payments in any twetve-month period will result in lease terminatton.
Rent must be paid by check or money order. Post-dated checks will not be
accepted.
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NON-SUFFICIENT FUNDS CHECKS
Any checks retumed by the bank are regarded as non-payment of rent and are
subject to late fee penalties. There wiil also be a $25.00 service fee added for al!
NSF checks. A replacement money order and all service fees and late fees must be
received in the office within 24 hours of notification or lease termination procedures
will begin. Only money orders will be accepted for a twelve-month pe�iod foilowing
the second NSF check.
EVICTIONS
PLEASE READ Y4UR LEASE CAREFULLY ON THE SUBJECT OF EVICTIONS
Eviction is a serious matter. No eviction will occur without every attempt being made
by management to resolve probiems and with the due process to which you are
entitled as outlined in your lease. The Service Coordinator is available to assist you
with any problems that may arise in relation tv your residency at Brandes Place.
Any resident can be evicted for"noncompliance" with the lease and/or rules and
regulations. "Noncompliance" means one or more substantiai violations of the lease
and rufes and regulations including, but not limited to the following:
1. Disnapting the livabil�ty of the building.
2. Causing repeafed incidents that are disturbing to the peace, health or safety
of other residents, or which otherwise affect the right of any resident to the
quiet enjoyment of the building.
3. Submitting false information regarding income or other factors used in
determining your rent.
4. Refusal to sign the (ease or any addendum to the lease.
5. Interference with managemerrt of the building.
6. Involvement in actions that have a financial effect on the building by
increasing operating costs.
7. Involvement in any activities illegal in the Sate of Minnesota, drugs not
prescribed by a medical physician, that includes, but not limited to, sales or
possession of cocaine, crack, marijuana, heroin, poppers, etc.
8. Non-payment of rent, maintenance charges, late fees, or other fees as may
be assessed by Management or repeated late payment
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� 9. Failure to adequate(y supervise children or guests.
10. Poor housekeeping. This includes, but is not limited tv, clutter or dirt in your
home which 1) may affect the heaFth or safety of the occupant or any other
resident of ihe bui(ding, 2) wf�ich is sufficient to attract rodents or pests, 3)
may cause more than normal wear and tear on the apartment, or 4) which
may violate the Minneapo(is Nousing Maintenance Codes, or any other
building, fire or safety codes which may apply.
Residents may also be evicted for what is called `°4ther Good Cause" and failure
to carry out any obligation under the State Landlord and Tenant Act.
You are hereby given notice as to what is termed the "Good Cause Clause" for
termination of tenancy. "Other Good Cause� shall include, but is not limifed to, the
following;
1. Damage or vandalism to property belonging to Catholic Char'rEies or to other
residents;
2. Keeping a pet other than a(lowed in Pet Policy;
3. Theft of Catholic Charities' property or property belonging to other residents;
4. Any act or threat of violence to employees, the residents, or to any other
person on this property;
5. Permitting other persons to occupy unit who are not registered on applicafion;
6. Sub-fetting a unit;
7. Failure to comply wi�h any requirement of a govemment authority as such
requirement affects the si�e;
8. Refusing entrance to your apartment by persons who have been authorized
by the management and who have given proper notice or are acting in an
emergency;
9_ Failure to comply with the terms of the lease, i�s addendums, or the rules and
regulations established by the site.
10. Failure to admit a pest control contractor into your apartment.
In considering the termination of a resident's lease, the site must balance the rights
of the resident against the reasonable intere,sts of Brandes Place as a whole.
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� As a resident you are protected by your lease agreement agai�st being unjustly
� evicted from yaur apartment. Management must go through the foliowing procedure
, in order to evict a resident for other than failure to pay rent.
1) A written notice that your lease is being terminated must be sent to you;
2) The notice must state the grounds for termination and the date of termination;
3) The notice must advise you that you have the opportunity to respond to
management;
4) You must receive thirty days notice of termination of lease, except in urgent
situations.
if you receive a notice of eviction from management, you will be advised that
you have ten da�s in which to discuss the problem with management except
in urgent situations, and that you have a right to defend the action in court. lf
an Unlawful Detaine� is filed for non-payment, you will be required to pay the
filing fee or any other costs, whieh may be incurred in connection with the
Unlawful Detaine�or Concilia�ion Court fees.
As general policy, management will notify you in writing when a violation, whether
serious or minor occurs.
Evictions will be done in accordance with the lease and the laws of the State of
Minnesota. In the event that legal action is to be taken, the Service Coordinator or
Caretaker is authorized to send out a termination notice and to act as a
representative of the management.
NOTICE TO VACATE
You may terminate your lease only by giving written notice one full calendar month
before lease expiration. If the site manager�eceives no such notice, the Lease is
automatically renewed for the next appropriate term. If you move out before your
lease ends, you are responsible for paying the rent until the end of your lease or
until the unit is re-rented.
A "RESIDENTS NOTICE TO VACATEn form and a list of items to be done prior to
move-out will be given to you when your written notice is received. Once a
RESIDENT'S NOTICE TO VACATE form is signed, it is assumed that the resident
wil( be maving out on the date indicated. Please note that the move-out date is the
last day of the month. This is important since the uni�will have been re-rented by
that time.
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SECURITY DEPOSIT
A security deposit equaf to the total tenant portion shown or a minimum of$50.00 is
required from each househo(d. It wi11 be retumed to you with interest (computed at
the current rate as required by faw) when you leave. If all keys are not retumed, or
there are damages to your apartment beyond narmal wear and tear, deductions will
be made from your securiiy deposit. Your security deposit with interest, minus any
charges will be sent to you within 21 days from the day your lease expires.
Therefore, it is important that you leave a forwarding address with management.
Your security deposi�will not be retumed to you if you owe rent, late fees, charges
for cleaning or damage to your unit, or if you move without giving proper notice.
TRANSFER POLI�Y
It is both costly and labor intensive for residents to move from one town home to
another. Town homes must be painted and shampooed, and there is sometimes
cleaning to be done. Transfers normally will only be considered for medical
reasons. In order to be considered for a transfer, applicants must:
1) Have lived in cument apartment for at least one year;
2) Have a record af prompt rental payment;
3) Keep current apartment in a clean, tidy manner. (Apartment will be inspected
by Senrice Coordinator p�ior to any written approval to transfer taking piace;
4) Be a resident in good standing of the site with no record of disturbances or
other lease violations;
5) Sign a new lease at the current renta) rate for vacant apartment;
6) Pay a new deposit;
7) Provide a doctors statement, which verifies need for transfer.
These rules may be waived or relaxed by management in emergency situations, at
the sole discretion of management.
COMPLAINT POLICY
There are different types of complaints, which may be made to management.
1) Resident complaints regarding actions of other residents who are in violation
of the Lease Agreement and/or Rules and Regulations erandes Place;
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� � 2) Social issues between two residents who live at Brandes Place;
3) Resident compiaints against any staff person may be reported to the Service
Coordinator, or Program Supervisor at (612) 278-1127.
LEASE/RULES VIOLATIONS
1) To create a basis for termination, a complaint must be formal. lnformal
complaints will be given no consideration in any proceedings feading toward
termination.
2) To qualify as a formal complaint, the complaint must be in writing and
signed by ths complainant.
3) Formal complaints will be placed in a confidential file to protect the identity of
complainar�t. Residents who are the subje�t of formal complaints will receive
a notice stating;
I. That a formal complaint has been received
II. The nature of the complaint;
III. That the situation may constitute grounds for termination;
IV. The date by which they may respond to the complaint.
PROBLEMS BETWEEN RESIDENTS
Residents shou(d make every attempt to resolve problems with other
residents (or their families) themselves.
If you have a problem with another resident, which is NOT a lease violation, you
must attempt to resolve the problem yourself. Management, though very serious to
residents, cannot resolve many of these types of problems. An example of this type
of issue would be disputes among children or neighbors. If your neighbor is playing
thelr stereo or otherwise disturbing the peace, please contact your neighbor before
making a for,nal complaint.
If, after you have tried to resolve the prablem on your own, and the problem
continues, you can contact Catholic Charities Brandes Piace Coordinator at(612)
278-1147.
RECERT(FICATI�N
Catholic Charities requires that each resident be financial(y re-certified once a year
on the anniversary of the original occupancy date. You will be notified of the date
the management staff and an appointment will be made for you to come to the
management office to fill out the required forms.
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You MUST, notify the management office if any of the following changes occur.
1) Any household resident moves out of the apartment
2) Any individual not listed on your most current re-certification papers or lease
is proposed to move into the unit
3) Any adult resident of the household obtains employment who had reported
unemployment on the most recent re-certification
4) Any adult resident of the household's income source changes
5) The household's income increases by more than $40.00 per month. The
penalty for not reporting an increase in income is that you will receive a
waming letter and your rent will be raised to meet the new standard.
As a condition of continued occupancy, the horne occupied at Brandes Place must
be the occupant's only place of residence. A resident absent from the premises for
more than 90 days without notification will lose the subsidy for their home.
An exception may be made by management, at its sole discretion, on a case-by-
case basis, i.e., il(ness that will be recovered from, but which may take longer than
90 days.
If a resident's income decrsases, an interim re-certification may be perFormed to
adjust the monthly rent, in accordance with HUD regulations. Management reserves
the right to refuse to conduct an interim re-certification if the decrease is less than
$40 per month, if the change is temporary, or if the change is continuously
fluctuating.
MAINTENANCE
Catholic Charities' Facilities Management staff provides maintenance for you. lf you
need any repairs made to your home or your appliances staff will be happy to provide
them for you.
Routine Repairs are perFormed weekdays between 9:00 a.m. and 4:30 p.m. In
most cases, repairs will be made within 48 hours. To request repairs; please
contact the office during normal o�ce hours. If you indicate that you would like
to be home when repairs are made, the office will make reasonable efforts to
accommodate you. Any necessary repairs not caused by the negligence of you
or your guests will be repaired without charge. If you or your guests cause
damages, you will be charged for the cost of the repairs. Repairs are usuaHy
less expensive when dealt with promptly. One of the ways tti keep rental costs
down is to report problems immedlately.
Some examples of repairs for which residents are required to pay (even if
damage is done by a guest) are: floor and carpet damage, broken windows and
screens, drain blocked by an object, damage to doors or walls, broken light
fixtures, damaged cabinets, and mirrors. PLEASE NOTE: The lease terms
indicate that payment for damages must be made within 30 days or
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management may terminate the lease agreement.
' Emergency Repairs may be performed 24 hours a day, if necessary, even if the
resident is not at home. A maintenance person is on call at all times to handle
emergencies, or ather repairs which must be pertormed immediately i� order to prevent
damage to the properfi�or correct an unsafe condition. For emerqencles, please cail
the office immediately at (612� 278-1127. During after office fi�vurs you may call.
Emergency Repairs include, but are not limited to:
1) No heat during the winter,
2) Fire; (calf 911)
3) A broken window in the winter,
4) Power Outage;
5) Running V4�ater/Burst Water Pipes;
6) inoperable Refrigerator/Freezer� stove.
After hours emergency repair calis are expensive. Please use the emergency number
only if you have a real emergency. If an emergency call is made after hours for a non-
emergency YOU WILL BE CHARGED THE COST OF THE REPAIR PERSON'S T1ME.
�.ocKouTs
If you are locked out of the building or your apartment, contact the caretaker.
SMOKE DETECT4R5
Each apartment is equipped with a hard wired smoke detector. Tampering with,
disconnecting or otherwise deactivating smoke alarms is prohibited by law.
I NSPECTIQNS
Inspection of units wi(I occur at time of lease renewal. The management must inspect
all units for conformance to health and safety regulations. At that time, your unit will be
checked for cleanliness to make sure all appliances and smoke detectors are working
properly. Any needed repairs will be noted and scheduled saan after.
You will be notifred at least one week before the inspections take place. Repairs will
begin soon after inspec4ions. Any damage to your apartment beyond "normal wear and
tear"will be repaired and charged to you. Letters or copies of the inspection report will
be given to a(I residents stating the general condition found in the apartment and
whether housekeeping improvements are required in order to comply with your Lease.
Management may conduct inspections more frequently. If poor housekseping or fire
code violations are present, you will receive a written waming and you will be evicted
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if this occurs again. Manageme�t also reserves the right to report any such problems
to the locaf health department or Fi�e Marshai.
F1RE PRECAUTI�NS
You are responsible for any damage to your unit as a result of negligence. Please take
the following precautions:
1) Stare all flammable items safely
2) Dispose of nswspapers and other refuse regularly
3) Do NOT place matches or lighters where children can reach them.
4) Clean grease from cooking range, burner drip pans and oven regula�ly.
5) NEVER empty ashtray contents into a wastebasket.
6) Do NOT smoke in bed.
7) Do not use wom e(ectrical cords.
8) Do NOT overload electrical outlets.
9) Keep clothing or other flammable objects away from heat registers and bumers.
10) Do NOT store gas cans, flammable liquids or vily rags in apartment.
FI RE SAFETY
If a small fire should start in your home, use the fire extinguisher that is provided in
your town home_ To use a fire extinguisher. simply squeeze the trigger handle, aim it
at the base of the fire, not on top of the fire. DO N�T POUR WATER ON A GREASE
F1RE. In case of stove or oven fire tum off the stove first then try to smother o�put out
the fire. If yrou cannot uick put out the fire dial 911 and go outside. DO NOT r�enter
your home. Alert other residents af the fire, if possible_
Read the procedure below very carefully. In the event of a fire, just one or more of
these rules may save your life or the life of yvur neighbor.
1) Feel every dovr before you open it. If the door is hot DO NOT open it.
2) Keep door closed and seal cracks w�th wet towels; open a window for air. Don't
panic.
3) If the door feels cool, open cautiously and leave. Walk quickly, keeping calm_
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� H EAVY SMOKE
REMAIN CALM--D� NOT PANIC. Dampen a towef or rag and cover your mouth and
nose. Stay close to the floor, moving to the nearest window or exit. If the hailways are
very smoky, crawl to the nearest exit, as smoke rises. NEVER GO INTO A ROOM
THAT DOES NOT HAVE A WINDOW.
ALWAYS PAY ATTENTION TO FIRE ALARMS. NEVER IGNORE A FIRE ALARM.
PURPOSEFUL FALSE ALARMS ARE AGAIN3T THE LAW AND CAN RESULT IN
PROSECUTION AND/OR EVICTION.
TORNADOES �t V�OLENT WEATHER
When a tomado waming has been issued, take shelte�immediately. Injuries from
high winds and hailstorms are often caused by broken glass and blowing objects.
STAY AWAY FROM WINDOWS. Go to a room, such as a bathrovm or small closet
on the lowest floor. Take a flashlight and portable radio with you. DO NOT GO
OUTSIDE UNTIL YOU HEAR THE CLEAR SIGNAL.
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� �ouR xoME
WI N D�WS
Biankets, sheets, quilts and other similar Items may not be used on any
windows.
A1( windows have storm windows and screens. During the heating season all
windows must be k�pt c(osed. This wiil keep your home much warmer and help
conserve energy. Windows and window tracks should be cleaned a rninimum of
one time per year.
When you leave your home, please make sure ail windows and doors are locked.
Leave shades closed during the summer days to keep your unit cooler. In warm
weather you might warrt to leave a window open slightly, placing a piece of wood or
metal between the side of the open window and the frame (across from the closed
halfl to help prevent intruders. This should also be done to ground floor windows
left open at night.
Windows are not to be used as an entrance to or exit from your apartment_
LIGHT BULBS
Each fixture in your home wil( have light bulbs fn them when you move in. You are
responsibfe for replacement of standard light bulbs and will be charged for missing
or burned out bulbs when you move. Management will replace all fluorescent bulbs
at no cost.
DECORATING
Your home has been provided with neutral shades of paint that will go with all
decorating schemes. You may use small nails tv hang pictures on the walls.
However, repair for excessive holes in the walls will be charged to the resident. If
you wish to attach something to the walls, floor, or ceiling with screws or large nails,
you must receive written permission from the site manager_
The paint used in your unit is a washable eggshell finish. Dirt and fingerprints can
be washed off with a mild detergent and a sponge. Be sure not to rub too hard.
Walls may be re-painted upon the resident's request after a three fo five year
residency. Contact the Site Manager to make necessary arrangements.
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CHRISTMAS TREES
Though natural Christmas trees are beautiful, they may also represent a hazard to
the building when not handled properly. Therefore, natural trees are not allowed.
Ail Christmas trees must be a�tificial.
WATERBEDS
Waterbeds are only allowed with proof of waterbed insurance. Verification of
waterbed insurance, in a separate ride from your renters insurance, must be
presented to the management and submitted on the insurance anniversary date.
Copy of such ins�rance policies wifl be kept in the resident ftle.
PEST CONTROL
If you notice evidence of rodents or pests in your apartment, please repart it to the
management office immeciiately_ The sooner the problem is reported, the sovner it
can be solved. The staff will schedule your unit ta be treated by
professionals/exterminators.
The presence of pests in a building is sometimes unavoidable, because even the
best housekeeping practices cannot always prevent their appearance. If you do the
following, you will greatly reduce the chances of getting unwanted pests.
1} Inspect products as soon as they are purchased to insure that you are not
bringing insects home;
2) Store food in seamless metal, glass or plastic containers;
3) Use older products first before newer products are used;
4) Remove and clean dishes and food from your kitchen after dining;
5) Use plastic garbage bags and take your garbage out as frequerrtly as
possible;
6) Rinse pop and beer bottles with hot water if they are stored for any period of
time;
7) Clean the stove and rafrigerator on a regular basis;
8) Remove grease spills as they accur,
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� . 9) Move stove and refrigerator periodically to clean behind and under them. If
. you are unable to move them, please cafl the management office, and they
will assist you.
10) Do not store paper bags unless you really have a use for them. If you do
save them, DO NQT store them next to your refrigerator.
11) Do not use cardboard boxes for storing items, if at all possible. If you do
have to use them, keep them out in the open as much as possible; avoid
stacking cardboard boxes on top of each other;
12) Do not heap piles of paper, clothes, or garbage on the floor as they may
provide a home for rodents.
For effective exte�rnination it is often necessary to treat a(I units surrounding the
problem area_ Should this become necessary, you will be required to cooperate
fully with the extermination efforts aven if your unit does not seem to be affected.
Failure to be properly prepared fo� or refusal to admit the pest control
contractor into your unit will be ragarded as a lease violation, and is grounds
for the termination of your unit lease. A�30 charge wlll be made to the
restdent if exterminators must make an additional trip for these reasons.
Rodents and insect pests are generally attracted by garbage or clutter, The easiest
way to discourage such pests in your unit is to keep garbage out of their reach.
Always wrap food and meat scraps. Do not alfow garbage to accumulate. Wipe up
all spills and grease routinely.
HEAT AND UTILITIES
Your heat and water are included in your rent. Please do not be wasteful of these
uti(ities. Remember that even though these utilities are included in your rent, the
site must pay for them and the cost is reflected in the total cost of operation of
Brandes Place. You will pay your own electricity and phone.
Your apartment should be at 72 degrees or less during the winter. If you cannot
keep the air temperature at 72 degrees by setting your thermostat at 74 degrees,
call the office to have maintenance look at your registers. Be sure heat registers are
kept free of clothing (a fire hazard) or other objects that may prevent the register
from operating fully.
INSURANCE
erandes Place cames property insurance on its property to cover losses in the event
of damage by firm, storm or other hazard. Bra�des Place DOES NOT carry
insurance on the personal property of our residents. If this, however, a concem to
you, we recommend that you obtain a Renters (nsurance Policy to cover your own
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� personal property.
We cannot stress enough the importance of having renters insurance to cover your
personal belongings, hausehold goods, the safety of your family and ali guesfs to
your home and your personal liability.
If, for example, a fr�e was caused by your negligence in your apartment, not only
would you be liable for the damage to your unit and the replacement af your own
household belongings, but you would also be liable for the damages caused to any
other unit and/or property affected as a result. 1t is imperative that you cany enough
insurance to cover these types of losses.
Most insurance companies have this insurance at a very reasonable rate. We urge
you to shop around and purchase this security.
ENTRANCES
Rugs, shoes, or other items on the floor outside your apartment door are not
permitted by the Fire Safety Codes. Yaur unit door or the hallway doors may NOT
be propped open at any time. The apartment doors must remain closed by order of
the Fire Marshal.
The doors and outside windows are not to be deco�ated with posters, stickers,
wreaths, etc., for overall beauty of the building.
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� YOUR CONZNlUNI TY
BARBECUE GRILLS
Brandes Place is equipped with barbecue gri(Is. For insurance purposes and the
safety of ail residents, the following criteria need to be adhered to:
r All barbecues should be utilized on the ground or concrete surfaces, never on
the g�ass.
➢ Grilis must be used at least twenty(20)feet from t�e building.
y Buming receptacies shall be covered to prevent blowing or drifting of sparks
or ashes.
➢ Burning receptacles shall have legs or stands to maintain the minimum of 10
inches above the surface.
➢ From the time of lighting the charcoal to the point that all coals are
extinguished and the container is coal to the touch, an adult must be present.
� Outdoor cooking of any type is alfowed on{y between 9:00 a.m. and 9:�0 p.m.
➢ After grilling, leave coals and ash in grill to cool, as any other form of
storage is ve dangerous_ P(ace only COLD coals and ash into the
dumpsters.
ALCOHOL CONSUMPTION
Alcohot consumation is not permitt�d i� aublic areas (e.g. community room,
parking lots, eta). Cans and bottles must be carried unopened from cars to your
home. Failure to comply will be considered a lease violation. Repeated violations
(finro or more) will result in lega( action by Management in the form of an unlawful
detainer(eviction summons).
MAI L
The mailboxes are located at the entrance door on the first floor. Apartment
mailboxes will be locked at all times for your protection. Only you, management and
the post office will have keys.
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� . GROUNDS
The Brandes Place grounds have been professionally landscaped. Please do not
alter the (andscaping without the prior approvai of management.
TRASH
There is a dumpster located in the parking area. This is emptied o� a regular basis.
Please dispose of your trash in the dumpster and comply with the following rules:
1) Be sure no garbage is dropped on the ground.
2) Close the lid to prevent pests and animals from digging in the dumpster.
3) Place a(I trash in sealed plastic bags.
4) Do N�T leave bags of garbage or�rash in your home.
5) Do NOT leave trash next to the bui(ding.
6) No medlca/waste may be p/aced in dumpsters,
HAZARDOUS WASTE
Properly dispose of all hazardous waste in its appropriate container, this includes
but not limited to razor blades, motor oil, ca�batteries, or other appropriate items.
These procedures are very Important to health and safety and are required by
state law. Failure to properly dispose of hazardous waste could (ead to
eviction.
DiSPOSING OF FURNITURE AND LARGE ITEMS POLICY
When disposing of fumiture and large items you have two options:
1) You can break them down into smafl pieces and place them in the dumpster;
or
2} Notify the office of any fumiture, tires, mattresses or large items place in or
next to the dumpster. Management will contact the rubbish hauler to make
arrangements for extra pick up, if necessary. As all haulers charge for items
such as these, the office wi(I inform you of the charges for removal.
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� � RECYCLING
Recycling reduces the amaunt of garbage, which is put (nto landfilis and bum plants,
and helps prevent soil, water and air pollution. It is mandatory for muiti-unit
dwellings and is rea(ly quite simpie. Separate newspapers, cans and plastic bottles
with necks. In time, each building wil( have a recycfing coordinator to promote our
Recycling Program
There are separate recycling containers, picked up we�kly, for 1) newspapers, and
2) cans, glass and plastic. Bottles and cans must be rinsed befor� placing in
containers. All other items may be placed in your dumpster.
LOCKS AND KEYS
If you lose your keys, you can request additional keys at a cost of$5.00 per key.
THE BRANDES PLACE MAlNTENANCE STAFF MAY ONLY DUPLICATE KEYS.
There will be a $100 charge for each key that is lost. Keys cannot be issued to
friends or family. In vrder to receive your full security deposit at move out, all keys
must be retumed to management.
PARKING POLICY
This policy has been adopted to accommodate residence. Vehicles in violation of
this policy will be towed at the owner's expense.
The Brandes Place parking lot is for use of Residents only. Guest must park in the
designated area. Residents are responsib(e for making sure their guest follow all
parking policy rules and snow emergency rules. All parking is on a first come first
served basis.
NO INOPERABLE VEH(CLES MAY BE PARKED IN THE BRANDES PLACE LOT.
Inoperable vehicles include vehicles with any of the following�
� Flat tire (for more than 48 hours)
➢- Expired license plates
➢ Broken out windows
� Up on blocks
➢ Will not start when vehicles are required to be moved by management
Management personnel are authorized to require residenfs to move their vehicles
for sweeping, snow removal, or parking lot maintenance.
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Brandes Place Handboak
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v
. SNOW REMOVAL
During the winter months, snow wiil be plowed from the parking lot. Cooperation
from the residents in moving their cars is necessary and will be expected. The Iot
will be pfowed on each snowfall that measures finro or more inches. A(I vehicies
must be moved by 9:00 a.m. the morning following the above snowfall depths. All
vehicles sti(I in the lots after this time will be towed at the owner's expense. If you
are uncertain as to whether or not you should move your car, please cal! the site
manager. If you plan to be gone from your apartment anytime during the winter
months, please make proper arrangements with a friend, neighbor, or relative so
your car will be moved when plowing is necessary. Management witl not be
responsible for any damage caused to your vehicle as a result of towing.
RESPECT FOR YOUR NEIGHBORS
You are entitled to "peaceful enjoyment" of your home. !t is up to yau and your
neighbors to make your community one of which you can be proud. Consideration
of your neighbors and their consideration of you will make living here a pleasant and
happy experience for everyone.
You have the nght to expect that your neighbor will not disturb your right to a quiet
and orderly home, and they have the right to expect the same from you. We ask
that you exercise courtesy and good judgment when you play your radio, stereo,
television, musical instruments, or when entertaining guests. The following rules
outline the mutual expectations at Brandes Place:
Noise: No one should be subject to excessively loud noise at any time. If
your neighbor is making excessive noise, please speak to them
first. If the noise continues, notity the Site Manager. Loud,
boisterous conduct anywhere on the property, that will disturb the
comfort of others, is annoying and is prohibited. If someone is
picking you up, please do not honk car homs; have your guest ring
your apartment.
Quiet Hours: You should not make noise that can be heard outside your
apartmerrt from 10:00 p.m. unti17:00 a.m.
Parties: If you wish to have a party, talk ta your close neighbors about it
beforehand. (nform your guests that, if they disturb your
neighbors, they will jeopardize your residency.
Threatening Assault, threat to do bodily harm, or any arson related offense
Actions: would be grounds for immediate lease termination.
If you a�e having problems with your nelghbor over noise or any other problems,
make an effort to first talk with them calmly to see if this problem can be solved. If
not, contact your site manager who will ass'tst you in solving the problem.
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Brandes Place Handbook
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